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REFERERE^ 


BY  AUTHORITY  OF  CONGRESS. 


THE 


Pnblic  5iaivAtB  at  taxit 

OF  THE 

UNITED  STATES  OF  AMERICA, 

FEOM  THX 

ORGANIZATION  OF  THE  GOVERNMENT  IN  1789,  TO  MARCH  3,  1845. 
ABBASOED  ZV  OBROVOX.OOZOAZ.  ORDEB. 


SEEEKENCBS  TO  THE  KATTEB  OF  EACH  ACT  AND  TO  THE  SUBSEQUENT  ACTS 

ON  THE  SAME  SUBJECT, 

AND 

COPIOUS  NOTES  OF  THE  DECISIONS 

or  TBB 

Courts  of  ti)e  Untteb  0tate0 

CONSTRUING  THOSE  ACTS,  AND  UPON   THE  SUBJECTS  OF  THE  LAWS. 

WITH  Air 
IMDWX.  TO  THS  OOETHNT8  OF  EIAGH  TOIiUHBy 

AND  A 

FUU.  CTNERAL  INDEX  TO  THE  WHOLE  WORK,  IN  THE  CONOLUDINO  VOLUME. 


S|c  SecUYHtton  9t  Xn^eyen^ence,  t|e  atUclet  ^C  Confe^etatton,  an) 
He  C0iist(titt(0ii  ttf  m  Vnrte)  S^tuttMi 

AHD  ALSO, 
TABLES*  ni  THK  ZJkST  TOLimC,  OOMTAIllUie  LI8T8  Or  TBS  ACTS  BKLATHfO  TO  TBS  JUDIOIAlTy 
IMPOm  AND  TOKN AOE,  TBK  PUBUO  LANDS,  NTC. 

EDITED   BY 

RICHARD    PETERS,    ESQ., 

C017VSSLL0B  AT  LAW. 

torttaDiiMedlCstMtettsgtafwitypeplatMfiPMBirtiidithlawoik  to  printed,  m  hawtey  noogidaU, 
A^  ttafOUtthm,  MeotdlBf  to  tta  ptovtoloBi  or  ttsjoliit  i«MlBMmQrCoap«n,  v^^ 


VOL.  n. 

BOSTON: 

CHARLES  C.  LrrriiE  AND  JAMES  BROWN. 

1845. 


Entered  according  to  Act  of  Congreae,  in  the  year  IS^fi,  by 

Crablis  C.  Lxttlb  &  James  Brovh, 

in  the  Clerk*a  Office  of  the  Dietrict  Court  of  the  District  of  Massachusetts. 


rBILADELrHXA  : 
STKREOTTrSD  BY  In  lOHKSOW. 


LIST 

OV  THS 

PUBLIC   ACTS  OF   CONGRESS, 

CONTAINED  IN   VOLUME   SECOND. 


OkOB  of  ti)e  BiirtI)  Congre00  of  tl)e  Vtnxttb  States. 

STATUTE  I.— 1799, 1800. 

ftae*  «t  fJbc  Dutrid  Cmtrt  of  Ptmuyloania.  An  act  for  reviring  and  con  tinning  suits  and 
vroceediDgs  in  the  Circnit  Conrt  for  the  District  of  Pennsylvania.  (Obsolete.) 
Dec  Si,  1799 S 

FrisSege  of  Frankimg  and  Compematton  to  WUliam  Utwry  Baniton,  An  act  extending  the 
privilege  of  franking  to  William  Heniy  Harrison,  Uie  delegate  from  the  territory  of 
tlM  United  States  northwest  of  the  Ohio,  and  making  prorision  for  his  compensa- 

(Obsolete.)    Jan.  S>  1800. 4 


to  the  Jictfor  tU  ValuaiUm  of  LandM,  ifc.  An  act  supplementary  to  the  act  en- 
titled "  An  act  to  provide  for  the  valuation  of  lands  and  dwelling-houses,  and  the 
enumeration  of  slaves  within  the  United  States."    Obsolete.    Jan.  2, 1 800 4 

Ikbi.    An  act  for  the  relief  of  persons  imprisoned  for  debt.    Jan.  6, 1800.      4 

ofPtaet  with  the  huHan  Tribts.    An  act  for  the  preservation  of  peace  with  the 
Indian  Tribes.    (Expired.)    Jan.  17, 1800. 6 

Mimiiikm  ofPtnaUitB  and  Forfeitwru,  An  act  to  repeal  part  of  an  act  entitled  **  An  act  to 
provide  for  mitigating  or  remitting  the  forfeitures,  penalties,  and  disabilities,  accru- 
ing in  certain  eases  therein  mentioned,  and  to  continue  in  force  the  residue  of  the 
same."    Feb.  11, 1800 7 

MXtmry  Warrani$,  An  act  giving  further  time  to  the  holders  of  military  warrants  to  re- 
gister and  locate  the  same.    (Obsolete.)    Feb.  11, 1800 7 

f  ofthM  United  StateM.    An  act  to  suspend  in  part  an  act  entitled  *'An  act  to  augment 
the  army  of  the  United  States,  and  for  other  purposes."    (Obsolete.)    Feb.  80, 1800.      7 

i  of  eemmerdal  Intercowree  with  France.  An  act  further  to  suspend  the  commercial 
intercourse  betweA  the  United  States  and  France  and  the  dependencies  thereof 
(Expired.)    Feb.  27,  1800 7 

Centtu  of  tht  hihabitanti  of  the  United  Stain,  An  act  providing  for  the  second  census 
or  enumeration  of  the  inhabitants  of  the  United  States.  (Obsolete.)  Feb.  28, 
1800. 11 

Xiirfg  gramttd  to  the  United  Brethren,  An  act  in  addition  to  an  act  entitled  *<  An  act  regu- 
lating the  grants  of  land  appropriated  for  military  services,  and  for  the  Society  of 
the  United  Brethren  for  propagating  the  gospel  among  the  heathen."  March  1, 
1800. 14 

Smhagt  in  Caoeo  rf  Recapture,    An  act  providing  for  salvage  in  cases  of  recapture.    March 

a,  1800 16 

a/  CoHgreu  to  Jett  of  Maryland  and  Georgia,    An  act  declaring  the  assent  of  Congress 
to  certain  acts  of  the  States  of  Maryland  aiid  Georgia.    (Obsolete.)    March  17, 

1800 1« 

iii 


IT  UST  OF  THE  PUBLIC  ACTS  OF  CONGRESS. 

Didria  Ctnarti  m  North  CantUttu    An  act  to  alter  the  times  of  holdiag  the  District  Court  in 

North  CaroliDa.    (Obsolete.)     March  19,1800 18 

PrinUgt  o/Frankmg  to  Martha  WuhmgUm.    An  act  to  extend  the  privilege  of  franking 

letters  and  packages  to  Martha  Washington.    Aprils,  1800 19 

JEtUMiahmento/aumfonn  S^titm  of  BeuJcmptqf,    An  act  to  establish  a  uniform  system  of 

bankniptoj  throngfaont  the  United  States.    (Bepealed.)    April  4, 1800 19 

JOnnAads  on  Jhaiu  on  goodg  txportid  to  New  Orktmt.  An  act  to  allow  a  drawback  of  duties  on 
goods  exported  to  New  Orleans,  and  therein  to  amend  the  act  entitled  **  An  act  to  re- 
gulate the  coUection  of  duties  on  imports  and  tonnage."    (Repealed.)  April  6, 1800.    80 

FuhnriuafthM  Uwittd  Statu.  An  act  to  continue  in  force  "an  act  concerning  certain  fish- 
eries of  the  United  States,  and  for  the  regulation  and  government  of  the  fishermen 
employed  therein,"  and  for  other  purposes  as  therein  mentioned.  (Obsolete.)  April 
12,1800 86 

Oatha  wnder  the  jietfar  taking  tht  Stcond  Ctiuma,  An  act  to  alter  the  form  of  certain  oaths  and 
affirmations  directed  to  be  taken  by  the  act  entitled  **  An  act  providing  for  the  second 
census  or  enumeration  of  the  inhabitants  of  the  United  States."  (Obsolete.)  April 
12,1800. 87 

PrimUge  ofoUammg  Patenttfor  uatfid  Inomtion$  txtendtd  to  etrtam  Perwonu  An  act  to  ex- 
tend the  privilege  of  obtaining  patents  for  useful  discoveries  and  inventions,  to 
certain  persons  therein  mentioned,  and  to  enlarge  and  define  the  penalties  for  vio- 
lating the  rights  of  patontoes.    (Repealed.)    April  17, 1800 87 

Comftntaiion  of  tht  Poffmaater'gtngral  and  of  thi  JatUtanttothi  jS^'^Uant'genend,  4«.  An  act  to 
tx  the  compensation  of  the  paymaster-general,  and  assistant  to  the  adjutant-gene- 
raL    (Repealed.)    AprUS2, 1800 88 

Jkfmot  of  Mcrthant  VtMitU  agamtt  Frtnch  J)qtrtdation$,  An  act  to  continue  in  fbrce  the  act 
entitled  **  An  act  to  authorize  the  defence  of  the  merchant  vessels  of  the  United 
States  against  French  depredations."    (Obsolete.)    April  32, 1800 89 

Evidmetin  Caata  of  amtuUd  EUetiona  of  Mtmhtra  ofthaHimaa  of  Jtqtraeniaima.  An  act  to 
continue  in  force,  for  a  limited  time,  an  act  entitled  **  An  act  to  prescribe  the  mode 
of  taking  evidence  in  cases  of  contested  elections  for  members  of  the  House  of 
Representatives  of  fhe  United  States,  and  to  compel  the  attendance  of  witnesses. 
April  22,  1800 89 

Rank  and  Pay  of  the  eomma$uKng  Cffietr  ofMarmea.    An  act  fixing  the  rank  and  pay  of  the 

commanding  officer  of  &e  corps  of  marines.    April  22, 1800 89 

Trade  and  Intercomru  with  the  Indian  Tribea.  An  act  supplementary  to  the  abt  to  regulate 
trade  and  intercourse  with  the  Indian  tribes,  and  to  preserve  peace  on  the  frontiers. 
April  22,  1800 89 

Jhuita  on  Stampa,    An  act  to  establish  a  general  stamp-office.     (Repealed.)    April  28, 

1800 ^ 40 

Poat^oada.    An  act  to  alter  and  establish  sundry  post-roads.    (Obsolete.)    April  28, 1800.    42 

Government  of  the  Navy  of  the  United  Staiea,    An  act  for  the  better  government  of  the  navy 

of  the  United  States.    April  28, 1800. 46 

ThaMiMi*    An  act  respecting  the  mint    April  24, 1800 6S 

Pmiahmeni  of  Crimea,  An  act  to  continue  in  force  the  act  in  addition  to  the  act  for  the 
punishment  of  certain  crimes  against  the  United  States.  (Obsolete.)  April  24, 
1800 64 

Ihaiea  on  Snuff,  and  Sm^MiUa.  An  act  to  repeal  the  act  laying  duties  on  mills  and  imple- 
ments employed  in  the  manutkcture  of  snuff.    (Obsolete.)    April  24, 1800 64 

Bemoval  and  Jeeommodation  of  the  Oovemmeni.  An  act  to  make  further  provision  for  the  re- 
moval and  accommodation  of  the  government  of  the  United  States.    April  24, 1800.    66 

Jeceptanee  of  Jwriadidion  of  the  Weatem  Beaerve,  An  act  to  authorize  the  President  of  the 
United  States  to  accept  for  the  United  States  a  cession  of  jurisdiction  of  the  terri- 
tory west  of  Pennsylvania,  commonly  called  the  Western  Reserve  of  Connecticut 
April  28,  1800 60 

Ribmlding  the  Light-houae  at  New  London,  ^rt.  An  act  to  provide  for  rebuilding  the  light- 
house at  New  London;  for  the  support  of  a  light-house  at  CIark*s  Point;  for  the 
erection  and  support  of  a  light-house  at  Wigwam  Point,  and  for  other  purposes. 
April  29»  1800 67 


LIST  OF  THE  PUBLIC  ACTS  OP  CONGRESS.  v 

1^ 

of  cftff  Ogusn  of  tkt  SenaU  and  Bomm  of  JUprutntaHoti*    An  act  supplementary 

to  the  laws  now  in  iorce,  fixing  the  compensations  of  the  officers  of  the  Senate  and 
HoBse  of  Representatives.    (Expired.)     May  3,  1800 M 

J}mmomtftk€  Nortkwatem  TerrUory.    An  act  to  divide  the  territory  of  the  United  States 

Borthweat  of  the  Ohio  into  two  separate  governments.     May  7, 1800 56 

TW  Praideni  eutkoriztd  to  borrow  montyfor  tht  puhUe  Service.  An  act  to  enable  the  president 
of  the  United  States  to  borrow  money  for  the  pnblic  service.  (Obsolete.)  May  7, 
1800 W 

DtHm  flift  Smht  ^  An  act  to  continue  in  force  "  An  act  laying  an  additional  dnty  on  salt  im- 
ported into  the  United  States  and  for  other  purposes."    (Obsolete.)    May  7,  1800. .     60 

Able  mmd  Comoeyamet  of  Landi  6y  the  MankaU,  ^,  An  act  to  authorize  the  sale  and  con- 
Teyanee  of  lands  in  certain  cases  by  the  marshals  of  the  United  States,  and  to  con- 
firm former  sales.    BCay  7, 1800 61 

FwhKe  jfiMMufa  ami  MagaxineB.    An  act  for  the  regulation  of  public  arsenals  and  maga- 

Jdnes.    May  7, 1800 61 

Jpfropriatunu  for  tke  Support  of  Chvemmeni,  An  act  making  appropriations  for  the  support 
of  government  for  the  year  one  thousand  eight  hundred.  (Obsolete.)  May  7, 
180a 62 

JffnpriaHtma  far  the  MiUtary  EttabKilunent,  An  act  making  appropriations  for  the  mili- 
tary establishment  of  the  United  States,  in  the  year  one  thousand  eight  hundred. 
(Obsolete.)    May  10,  1800 66 

CbOtcfioiB  JXttrieU  ettabHiked  and  altered.  An  act  to  establish  the  district  of  Kennebunk,  and 
to  annex  Lyme  to  New  London ;  and  to  alter  the  district  of  Bermuda  Hundred  and 
City  Point;  and  therein  to  amend  the  act  entitled  "  An  act  to  regulate  the  collection 
of  duties  on  imports  and  tonnage/'    May  10, 1800 68 

jSmkuhh  Settlement  of  Limits  with  the  State  of  GeorgiCf  and  eetabUaking  a  Government  tn  the  Jtfu- 
aisw^pi  Territory.  An  act  supplemental  to  the  act  entitled  **  An  act  for  an  amicable 
settlement  of  limits  with  the  State  of  Georgia;  and  authorizing  the  establishment 
of  a  government  in  the  Mississippi  territory.    May  10,  1800 69 

Sbse  JVade.  An  act  in  addition  to  the  act  entitled  "  An  act  to  prohibit  the  carrving  on  the 
slave  trade  from  the  United  States  to  any  foreign  place  or  country.''  May  10, 
1800 70 

Direct  Teaeu    EquaUxing  the  Vahuition  ofuneeated  Lands.    An  act  to  provide  for  equalizing 

ilie  valuation  of  unseated  lands.    (Obsolete,)    May  10, 1800 71 


[lion  of  the  Ofieers  employed  in  Collecting  Duties  on  Imports%and  Tonnage.  An  act  sup- 
plementary to  an  act  entitled  **  An  act  to  establish  the  compensation  of  the  officers 
employed  in  the  collection  of  the  duties  on  imports  and  tonnage."    May  10, 1800. .     7S 

Sek  ef  Lands  in  the  Territory  northwest  of  the  Ohio,  ffc.  An  act  to  amend  the  act  entitled  "  An  act 
providing  for  the  sale  of  the  lands  of  the  United  States  in  the  territory  northwest  of 
the  Ohio,  and  above  the  mouth  of  Kentucky  river."    May  1 0, 1800 78 


ofPnbUe  BBnisters.    An  act  to  ascertain  the  compensation  of  pnblic  ministers. 
fBepealed.)    May  10,1800 78 

j^ppnpriations  for  the  Navy.     An  act  making  appropriations  for  the  navy  of  the  United 

States,  during  the  year  one  thousand  eight  hundred.    (Obsolete.)    May  10, 1800. . .     70 

TVMMry  D^^rtment,    An  act  supplementary  to  the  act  entitled  **  An  act  to  establish  the 

Treasury  Department"    May  10, 1800 79 

Jntkarixing  the  Issuing  of  eertam  Patents.    An  act  to  authorize  the  issuing  of  certain  patents. 

(Obsolete.)    May  18, 1800 80 

aaroefors  of  the  Reoenme.    An  act  to  enlarge  the  powers  of  the  surveyors  of  the  revenue. 

(Repealed.)    May  18, 1800 80 

Jasemdimeni  of  the  Judicial  jSct.    An  act  to  amend  an  act  entitled  "An  act  to  establish  the 

Judicial  Courts  of  the  United  States."    May  13, 1800 82 

Esftmmefa  Treaty  with  the  Indians.  An  act  to  appropriate  a  certain  sum  of  money  to  de- 
fray the  expense  of  holding  a  treaty  or  treaties  with  the  Indians.  (Obsolete.)  May 
18,1800 88 

Payment  of  a  Detadmunt  of  the  MUitia.  An  act  directing  the  payment  of  a  detachment  of 
the  militia  under  the  command  of  Major  Thomas  Johnson,  in  the  year  one  thousand 

seven  hundred  and  ninety-four.    (Obsolete.)    May  id,  1800 89 

Vot.  n.— (2)  B 


▼i  LIST  OP  THE  PUBLIC  ACTS  OP  CONGRESS. 

Ami  rrfgwMrf  m  Drawbaekt  tnhmtof  8tan^  Duiia.    An  act  to  retUD  t  further  sum  on  draw*  "^ 
backs,  for  the  expenses  incident  to  the  allowance  and  payment  thereof,  and  in  lien 
of  stamp  duties  on  debentures.    (Obsolete.)    May  13, 1800 83 

JuihMiziHg  ExpendUm^tM  and  mdemg  Jppn^^  An  act  to  aatfaorize  certain  ezpendi- 
tnres,  and  to  make  certain  appropriations  for  the  year  one  thousand  eitfht  hundred. 
(Obsolete.)    May  13, 1800 T 88 

JMus  on  MirduMdiu  imporitd.    An  act  to  lay  additional  duties  on  certain  articles  imported. 

(Obsolete.)    May  13, 1800 84 

Mtttimg  of  Congrom,    An  act  appointing  the  time  and  directing  the  place  of  the  next  meet* 

ingof  Congress.    (Obsolete.)    May  13,  1800 86 

Prmnon  for  Ratima  far  huHanB  and  for  their  VuU9  to  th*  Stat  of  Ckwemmmt,  An  act  to  make 
provision  relative  to  rations  for  Indians  and  to  their  visits  to  the  seat  of  govern- 
ment   May  13,  1800 86 

Jtrmy  ofth*  United  Stnlet.  An  act  supplementary  to  the  act  to  suspend  part  of  an  act,  en- 
titled *<  An  act  to  augment  the  army  of  the  United  States,  and  for  other  purposes." 
(Obsolete.)    May  14, 1800 85 

Mini,    An  act  supplementary  to  the  act  establishing  the  mint,  and  regulating  the  coins  of 

the  United  States.    (Obsolete.)    May  14, 1800. 86 

RESOLUTIONS. 

1.  Relative  to  the  death  of  General  Washington.    Dec  24, 1799. 86 

3.  Relative  to  the  death  of  General  Washington.    Jan.  6, 1800. 87 

9,  Laws  of  the  United  States  for  North  Carolina  to  be  transmitted  to  the  governor.    Feb. 

3,  1800 87 

4.  In  honour  of  Captain  Truxton,  &c.    March  39, 1800 87 

6.  Resolution  respecting  the  copper  mines  on  the  south  side  of  Lake  Superior.    April  16, 

1800 87 


STATUTE  n.— 1800, 1801. 

Franking  PrimUge.  An  act  extendilig  the  privilege  of  franking  lettera  to  the  delegate  fh>m 
the  territory  of  the  United  States,  northwest  of  the  river  Ohio,  and  making  provision 
for  his  compensation.    (Obsolete.)    Dec.  16, 1800 88 

Idght-honu  on  Cme  Poge.    An  act  to  provide  for  the  erection  and  support  of  a  light-honse 

on  Cape  Poge  at  the  north-easterly  part  of  Martha's  Vineyard.    Jan.  30,  1801 88 

Courte  of  the  United  Statea.    An  act  to  provide  for  the  more  convenient  organization  of  the 

Courts  of  the  United  States.    (Repealed.)     Febw  18,  1801 89 

Landa  granied  to  the  Befugeei  from  Canada  and  Nova  Seoiia,  An  act  regulating  the  grants 
of  land  appropriated  for  the  refugees  from  the  British  provinces  of  Canada  and 
Nova  Scotia.    Feb.  18,  1801 100 

Porti  of  Biddeford  and  Pejfperrelborough  and  New  Bedford.  An  act  making  the  port  of  Bidde- 
ford  and  Pepperrelborough  and  the  port  of  New  Bedford,  in  Massachusetts,  ports 
of  entry  for  ships  or  vessels,  arriving  from  the  Cape  of  Good  Hope,  and  from 
places  beyond  the  same.    Feb.  18, 1801 101 

JDittfidof  Brietoij  ^,    An  act  to  establish  the  district  of  Bristol,  and  to  annex  the  towns  of 

^ttery  and  Berwick  to  the  district  of  Portsmouth.    Feb.  86,  1801 101 

Franking  Privilege  to  John  Jdanu.    An  act  freeing  from  postage  all  letters  and  packets  to 

John  Adams.    Feb.  26,  1801 103 

JhUiu  on  Licemetfor  oelUng  Winei,  ifc.  An  act  to  continue  in  force  the  acts  laying  duties 
on  licenses  for  selliDg  wines,  and  foreign  distilled  spirits  by  retail,  and  so  much  of 
the  act  laying  certain  duties  on  snuff  and  refined  sugar  as  respects  a  duty  on  refined 
sugar,  on  property  sold  at  auction,  and  on  carriages  for  the  conveyance  of  persons. 
(Repealed.)    Feb.  36, 1801 108 

Content  of  Congreu  to  an  Jict  of  Maryland  for  the  Jppointment  of  a  Health  Oficer,  An  act  de- 
claring the  consent  of  Congress  to  an  act  of  the  State  of  Maryland  passed  the 
twenty-eighth  day  of  December,  one  thousand  seven  hundred  and  ninety-three,  for 
the  appointment  of  a  health  oflloer.    (Expired.)     Feb.  87, 1801 103 


LIST  OF  THE  PUBLIC  ACTS  OF  OONGRESa  Tii 

o/Gcodi  to  and  from  PkOade^hia  and  Baltimore.    An  act  to  allow  the  trans- 

portation  of  goods,  wares,  and  merchandise  to  and  from  Philadelphia  and  Balti- 
more bj  the  way  of  Appoquinimink  and  Sassafras.    Feb.  27, 1801 108 

nc  Diiintt  of  OMbm^iff.    An  act  concerning  the  District  of  Colombia.    Feb.  37, 1801 ... .  108 

^ofiko  Tmirory  norlAtecsf  ofthn  Ohio.  An  act  supplementary  to  an  act  entitled  **  An 
act  to  diTide  the  territory  of  the  United  States  northwest  of  the  Ohio,  into  two  sepa- 
rate goremments."    (Obsolete.)    March  8,  1801 IW 

Di^gidt  if  Moioae  aad  Palmyra,  ^e.  An  act  to  add  to  the  district  of  Massac,  on  the  Ohio, 
and  to  discontinue  the  district  of  Palmyra,  in  the  State  of  Tennessee,  and  therein 
to  amend  the  act  entitled  **  An  act  to  reginlate  (he  collection  of  duties  on  imports  and 
tonnage."    (Repealed.)     March  8, 1801 108 

Jffnpnaikmifor  tht  MtUtary  EttahHahmmt.  An  act  making  appropriations  for  the  military 
establishment  of  the  United  States,  for  the  year  one  thousand  eight  hundred  and  one. 
(Obsolete.)    March  8, 1801 108 

An  act  to  amend  the  act  entitled  <<  An  act  to  establish  a  general  stamp-office.'' 
CBepealed.)    March  3, 1801 109 

ftMl  Peace  EatabKakmont.    An  act  prodding  for  a  naval  peace  establishment  and  for  other 

purposes.    (Obsolete.)    March  8, 1801 HO 

IVJfmt.    Aa  act  concerning  the  mint    March  8, 1801 Ill 

Oktkafor  mmpUUmg  tht  Ahotratta  of  VaJuation  of  Landa,  ^c.  An  act  authorizing  the  secretary 
c^  the  treasury  to  employ  clerks  for  completing  the  abstracts  of  the  valuation  of 
la&ds  and  dwelling  houses,  and  the  enumeration  of  slaves.  (Obsolete.)  March  8, 1801.  Ill 

Bigki  af  Pt  a^mption  to  Paraona  wha  hava  amiraeted  with  John  Cleoea  Symma  far  Landa.  An  act 
giving  a  right  of  pre-emption  to  certain  persons  who  have  contracted  with  John 
Cleves  Symmes,  or  his  associates,  for  lands  lying  between  the  Miami  rivers,  in  the 
territory  of  the  United  States  northwest  of  the  Ohio.    March  8,  1801 118 

DuCrief  tf  Columbia.    An  act  supplementary  to  the  act  entitled  **  An  act  concerning  the 

IKstrictof  Columbia."    March  8,1801 115 

JDirfiief  of  Bermuda  Hundred  and  City  PouU.    An  act  to  amend  the  act  altering  the  district 

of  Bermuda  Hundred  and  City  Point    March  8, 1801 » 116 

Mamiaaiom  of  Ihaiea  on  Teaa.  An  act  authorizing  the  remission  of  duties  on  certain  teas 
destroyed  by  fire,  while  under  the  care  of  the  oflteers  of  the  customs,  in  Providence, 
Rhodelsland.    (Obsolete.)    March3,1801 « 117 

Jfffapriatumafbr  tha  Support  of  Gooemmant.  An  act  making  appropriations  for  the  support 
of  government  for  the  year  one  thousand  eight  hundred  and  one.  (Obsolete.) 
March  3, 1801 117 

Jamgn  CSbmu,  and  making  out  Tnooiea  in  certain  Caaaa.  An  act  directing  the  mode  of  estimat- 
ing certain  foreign  coins  and  currencies,  and  of  making  out  invoices  in  certain 

March  8, 1801 181 


Sakriaa  of  Diatriet  Judgea.  An  act  to  augment  the  salaries  of  the  district  judges  in  the 
districts  of  Massachusetts,  New  x  ork,  New  Jersey,  Delaware,  and  Maryland  re- 
spectively.   (Obsolete.)    March  8, 1801 181 


of  tha  Preaident  of  tha  United  Statca.  An  act  in  addition  to  an  act  entitled  ''An 
act  makmg  provision  for  the  further  accommodation  of  the  household  of  the  Presi- 
dent of  the  United  States.    (Obsolete.)    March  8, 1801 121 

J^fpnpriaiionafortha  Support  of  tha  Navy.    An  act  making  appropriations  for  the  navy  of 

the  United  States,  for  the  year  one  thousand  eight  hundred  and  one.    March  8, 1801.  188 

Timaaund  Plaeea  of  holding  eariain  Conrta,  ffc.  An  act  for  altering  the  times  and  places  of 
holding  certain  courts  therein  mentioned,  and  for  other  purposes.  (Repealed.) 
March  8, 1801 128 

rdbcfiM  of  Laa^SfC^audemunaraHonifBlaoaa,  An  act  to  amend  the  act  entitled  "An  act 
to  provide  for  the  valuation  of  lands  and  dwelling-houses,  and  the  enumeration  of 
slaves,  within  the  United  States,"  and  to  repeal  the  act  entitled  **An  act  to  enlarge 
the  powers  of  the  surveyors  of  the  revenue."  February  1^,  1801 124 

IvU-AoHSM.  An  act  for  erecting  ligh^houses  on  New  Point  Comfort  and  on  Smith's 
Point,  in  .the  State  of  Virginia,  and  on  Faulkner's  Island  in  Long  Island  Sound,  in 
the  State  of  Connecticut,  and  for  placing  buoys  in  Naraganset  Bay.    March  8, 1801.  125 

Piif-fMdk.    An  act  further  to  alter  and  to  establish  certain  post-roads.    (Repealed.)    March 

8,1801 125 


▼iii  LI8T  OP  THE  PUBLIC  ACTS  OP  CONGRESS. 


RESOLUTION.  i^ 

Respecting  certain  proper^  of  the  United  States  in  the  possession  of  Thomas  CUxUakf 

James  Mathers,  and  Thomas  Dunn.    March  8, 1801 1S7 


^2Ut0  of  ti)e  0n)enti)  €on%xtB9  of  ti)e  finittb  0tatt0. 

STATUTE  I— 1802. 

J^pportianment  of  R^aenialwtt  of  Congrtu  aeeordmg  to  the  Seamd  Ctntui.  An  aet  for  the 
apportionment  of  representatives  among  the  several  states,  according  to  the  second 
enumeration.    (Obsolete.)    Jan.M,180S. 128 

Library  of  Congrtu.    An  act  concerning  the  library  for  the  use  of  both  houses  of  Congress. 

Jan.  86,  1803 128 

Prottdion  o/tht  Commerct  of  the  Umttd  Stata  againit  tht  TripoUtan  Crmseru  An  act  for  the 
protection  of  the  commerce  and  seamen  of  the  United  States  against  the  TripoUtan 
cruisers.    (Obsolete.)    Feb.  6,1802 128 

Franking  Primtege  extended  to  Delegatee,  and  CompenaaHon  to  Deiegatee,  An  act  extending  the 
privilege  of  fmaking  and  receiving  letters  flree  of  postage  to  any  person  admitted, 
or  to  be  admitted,  to  take  a  seat  in  Congress  as  a  delegate,  and  providing  compen- 
sation for  such  delegate.    Feb.  18, 1802 180 

Partial  Jppropriatione  for  1802.    An  act  makinff  certain  partial  appropriations  for  the  year 

one  thousand  eight  hundred  and  two.    (Obsolete.)    Feb.  28,  1802 181 

Organixation  of  the  Courts  of  the  United  Slatet,  An  act  to  repeal  certain  acts  respecting  the 
organization  of  the  courU  of  the  United  States,  and  for  other  purposes.  (Obsolete.) 
March  8, 1802 lift 

MRHtary  Peace  Eetabliskmeni.    An  act  fixing  the  militaiy  peace  establishment  of  the  United 

Slates.     March  16, 1802 192 

jtecommodatien  of  Pertont  concerned  in  certain  Fieheriea.     An  act  for  the  accommodation  of 

persons  concerned  in  certain  fisheries  therein  mentioned.    March  16, 1802 187 

Direct  Taxea,    An  act  to  amend  an  act  entitled  "  An  act  to  lay  and  collect  a  direct  tax  within 

the  United  States.''    (Obsolete.)    March  16,1802 188 

Begtdation  of  Trade  and  Intercouree  with  the  IndianM,    An  act  to  regulate  trade  and  intercourse 

with  the  Indian  tribes,  and  to  preserve  peace  on  the  frontiers.     March  80, 1802. . .  189 

Partial  Jppropriatuma  for  the  Support  of  Govemmeni.  An  act  making  a  partial  apvropfia- 
tion  for  the  support  of  government  during  the  year  one  thousand  eight  hundred  and 
two.    (Obsolete.)     April  2,  1802 147 

Jppropriation  for  the  Expense  of  a  Negotiation  to  ascertain  the  Boundary  Line  betteeen  the  United 
States  and  Upper  Canada,  An  act  making  appropriation  for  defraying  the  expense 
of  a  negotiation  with  the  British  government,  to  ascertain  the  boundary  line  be- 
tween the  United  States  and  Upper  Canada.    (Obsolete.)    April  8, 1802. 148 

Jppropriation  for  the  Expense  of  Carrying  into  Effect  the  Convention  with  France,  An  act 
making  an  appropriation  for  defrajring  the  expenses  which  may  arise  from  carry- 
ing into  effect  the  convention  made  between  the  United  States  and  the  French  Re- 
public   (Obsolete.)    April  3, 1802 148 

Repeal  of  tht  Internal  Taxes.    An  act  to  repeal  the  internal  taxes.    (Obsolete.)     April  6, 

1802 148 

Light-komseSf  4>e.  An  act  authorizing  the  erection  of  certain  light-houses,  and  for  other  pur- 
poses.    April  6, 1802 150 

BeHef  of  Marshals  in  certain  Districts,  An  act  for  the  relief  of  the  marshals  of  certain  dis- 
tricts therein  mentioned.    (Obsolete.)    April  6,  1802 162 

Advance  of  Momy  to  Sanrnd  Dexter^  Secretary  at  War,    An  act  to  authorise  an  advance  of 

money  to  Samuel  Dexter.    (Obsolete.)    April  14, 1802 162 

Consent  of  Congress  to  an  Jet  of  Vvrginia.    An  act  declaring  the  assent  of  Congress  to  a«  aet 

or  the  General  Assembly  of  Virginia  therein  mentioned.    April  14, 1802. 162 


UBT  OF  THE  PUBLIC  ACTS  OP  CONGRESS.  ix 

tfcBrtmm  Ogktru  An  act  to  revive  and  continue  in  force  an  act  entitled  An  act 
to  augment  the  salaries  of  the  officers  therein  mentioned,"  passed  the  second  day 
of  March,  one  thousand  seven  hundred  and  ninety-nine.    (Obsolete.)    April  14, 

xfmt i5« 

9mm  rdtmaifnm  Drawboidn  mmd  m  Unk  ^Siampi  on  Debentunt.  An  act  to  amend  an  act 
entitled  "  An  act  to  retain  a  further  sum  on  drawbacks,  for  the  expenses  incident  to 
die  allowance  and  payment  thereof,  and  in  lieu  of  stamp  duties  on  debentures." 
AprU  14,1809 IM 

An  act  to  establish  a  uniform  rule  of  naturalization,  and  to  repeal  the  acts 
heretofore  passed  on  that  subject    April  14, 1802. 163 

I  grmuud  to  tk€  Umitd  Bntkrtn.  An  act  in  addition  to  an  act  entitled  "  An  act  in  addi- 
tion to  an  act  regulating  the  grants  of  land  appropriated  for  military  services,  and 
for  the  Society  of  the  United  Brethren  for  propagating  the  gospel  among  the  heathen." 
AprU  16,1808 IW 

Jbifiriiif  ffpfm  ff/fV  UmitedSiaUg.    An  act  to  amend  the  judicial  system  of  the  United 

April  39,  180S. 156 


ofthi  PmiHe  Debt,    An  act  making  provision  for  the  redemption  of  the  whole  of 
the  public  debt  of  the  United  States.    (Obsolete.)    April  89, 1802 167 

«fu    An  act  for  the  relief  of  the  widows  and  orphans  of  certain  persons  who  have 
died  in  Uie  naval  service  of  the  United  States.    (Obsolete.)    Apxil  29, 1802. 170 


to  thi  Offutn  ofthi  Senate  and  Home  of  Bepreeentatwee,  An  act  to  regulato  and 
fix  the  compensation  of  the  officers  of  the  Senate  and  House  of  Representatives. 
(Obsolete.)    April29,  1802 170 

Oeppig^-  Protection  extended  to  the  Arte  of  Deeigning  hietorical  and  other  Prints.  An  act 
supplementary  to  an  act  entitied ''  An  act  for  the  encouragement  of  learning,  by 
securing  the  copies  of  maps,  charts,  and  books,  to  the  authors  and  proprietors  of 
such  copies  during  the  time  Uierein  mentioned;"  and  extending  the  benefits  thereof 
to  the  arts  of  designing,  engraving,  and  etching  historical  and  other  prints.  (Re- 
pealed.)    April  29, 1802 171 


of  OffUxre  emphytd  in  the  CoUeetion  of  Duties.    An  act  to  amend  "An  act  to 

establish  the  compensations  of  the  officers  employed  in  the  collection  of  the  du- 
ties on  imports  and  tonnage,  and  for  other  purposes."  (Obsolete.)  April  30, 
180S. 172 

o^  Foreign  Cmne.    An  act  to  suspend  in  part  the  act  entitled  "An  act  regulating 
foreign  coins,  and  for  other  purposes."    (Obsolete.)    April  80, 1802 173 

T^rmdksg  Homeee  wOk  the  Jndiaeu.  An  act  to  revive  and  continue  in  force  an  act  entiUed  "  An 
act  for  establishing  trading  houses  with  the  Indian  tribes."  (Expired.)  April  80, 
1802 173 

2V  Uimhitanis  tf  Ohio  atUhorited  to  form  a  Constitution  and  State  Gooemmtnt,  and  Adimeaion  of 
OUb  into  the  Xhkm,  An  act  to  enable  the  people  of  the  eastern  division  of  the  terri- 
tory northwest  of  the  river  Ohio,  to  form  a  constitution  and  state  government,  and 
for  the  admission  of  such  stato  into  the  Union,  on  an  equal  footing  with  the  origi- 
nal States,  and  for  other  purposes.    April  30,  1802 173 

Board  of  ComemetiUmgrs  in  the  City  of  Washington  abolished.    An  act  to  abolish  the  board  of 

commissioners  in  the  city  of  Washington,  and  for  other  purposes.    May  1, 1802. . .  176 

JffrepriaHonfor  the  Sitpport  of  the  Navy.  An  act  making  an  appropriation  for  the  support 
of  the  navy  of  tiie  United  States,  for  the  year  one  thousand  eight  hundred  and  two. 
(Obsolete.)    May  1, 1802 178 

A^  of  Pre-emption  to  Purchasers  of  Land  from  John  Cleves  Syntmes.  An  act  to  extend  and 
continue  in  force  the  provisions  of  an  act  entitled  "  An  act  giving  a  right  of  pre- 
emption to  certain  persons  who  have  contracted  with  John  Cleves  Symmes,  or  his 
associates,  for  lands  lying  between  the  Miami  rivers,  in  the  territory  northwest  of 
the  Ohio,  and  for  other  purposes."    May  1,  1802 179 

Dietriete  eatabKehed.  CoUeetion  of  Duties,  ^  An  act  to  provide  for  tiie  establishment  of 
certain  districts,  and  therein  to  amend  an  act  entitlcMi  "An  act  to  regulate  the  collec- 
tion of  duties  on  imports  and  tonnage ;"  and  for  other  purposes.  (Obsolete.)  May 
1,1802 181 

j^Bpi  opriaiione  for  the  MiUtary  Establishment.  An  act  making  appropriations  for  the  military 
establishment  of  the  United  States,  in  the  year  one  thousand  eight  hundred  and 

two.    (Obsolete.)    May  I,  1802 183 

62 


X  LIST  OF  THE  PUBLIC  ACTS  OP  CONGRESS. 

Jppropriationifir  the  St^tport  of  Gavemmint.  An  act  making  appropriations  for  the  support 
of  government  for  the  year  one  thousand  eight  hundred  and  two.  (Obsolete.)  BCay 
1,  180« 184 

Pott-roadM,  An  act  further  to  alter  and  establish  certain  post-roads,  and  for  the  more  secure 

carriage  of  the  mail  of  the  United  Sutes.    (Obsolete.)    May  8, 1803 109 

Jfypnpriation  for  carrying  into  Effed  tht  Treaty  with  Great  Britain.  An  act  making  an  appro- 
priation for  carrying  into  effect  the  convention  between  the  United  States  of  Ame- 
rica and  his  Britannic  majesty.    May  3,  180S. 19S 

Sdiefofnek  and  diMobled  Seamen.    An  act  to  amend  an  act  entitled  **  An  act  for  the  relief  of 

sick  and  disabled  seamen,"  and  for  other  purposes.     May  3, 1802 103 

Dittriet  of  CohmUfia,    An  act  additional  to,  and  amendatory  of,  an  act  entitled  "An  act 

concerning  the  District  of  Columbia.''    May  8,  1803 198 

Incorporation  of  the  Inhabitants  of  the  City  of  Waahington.  An  act  to  incorporate  the  inhabi- 
tants of  the  City  of  Washington,  in  the  District  of  Columbia.    May  3, 1803 19ft 

RESOLUTIONS. 

1.  Authorizing  the  secretary  of  state  to  furnish  the  members  of  both  houses  with  the 

laws  of  the  sixth  Congress.    Jan.  21, 1802 198 

2.  Expressing  the  sense  of  Congress  on  the  gallant  conduct  of  Lieutenant  Sterret,  the 

officers  and  crew  of  the  United  States  schooner  Enterprize.     Feb.  3, 1802 19B 


STATUTE  IL— 1808. 

Jppropriaiionfor  the  Naval  Service.    An  act  making  a  partial  appropriation  for  the  naval 

service  during  the  year  one  thousand  eight  hundred  and  three.    Jan.  14, 1808 199 

SaU  of  Land  in  CharUttown^  Mauachuiettg,  An  act  authorizing  the  sale  of  a  piece  of  land, 
parcel  of  the  navy  yard  belonging  to  the  United  States,  in  Charlestown,  in  the  State 
of  Massachusetts,  to  the  proprietors  of  the  Salem  Turnpike  Road  and  Chelsea  Bridge 
CorporaUon.    Feb.  10,  1803 199 

CUarancu  to  certain  Veeeeli  in  the  Miuist^^  CoUecHon  oflhitieg,  tfc.  An  act  to  provide  for 
the  granting  of  clearances  to  ships  or  vessels  owned  by  the  citizens  of  the  United 
States,  lying  in  the  river  Mississippi,  south  of  the  southern  boundary  of  the  United 
States,  and  therein  to  amend  an  act  entitled ''  An  act  to  regulate  the  collection  of 
duties  on  imports  and  tonnage,"  and  for  other  purposes.    Feb.  19, 1803 900 

MtHef  of  Sufferers  by  Fire  in  the  Town  of  Portsmouth.    An  act  ibr  the  relief  of  the  snfferera 

by  fire  in  the  town  of  Portsmouth.    Feb.  19, 1803 201 

Providing  for  the  Execution  of  the  Laws  of  the  United  States  in  the  State  of  Ohio.  An  act  to  pro- 
vide for  the  due  execution  of  the  laws  of  the  United  States  within  the  State  of  Ohio. 
Feb.  19,  1803 201 

Interanurse  with  Foreign  Nations.  An  act  making  further  provision  for  the  expenses  at- 
tending the  intercourse  between  the  United  States  and  foreign  nations.  (Obsolete.) 
Feb.  26,  1803 202 

Consuls  and  Vice^onsuls.  An  act  supplementary  to  the  "Act  concerning  consuls  and  vice- 
consuls,  and  for  the  farther  protection  of  American  seamen."    Feb.  28, 1803 203 

Importation  of  Slaves  prohibited  where  their  admission  is  prohibited  by  the  Laws  ^States.  An  act 
to  prevent  the  importation  of  certain  persons  into  certain  States,  where,  by  the  laws 
thereof,  their  admission  is  prohibited.    Feb.  28,  1803.. 206 

jSn  additional  Jrmament  far  the  Protection  of  the  Commerce  of  the  United  States.  An  act  to  pro- 
vide an  additional  armament  for  the  protection  of  the  seamen  and  commerce  oi  the 
United  States.     Feb.  28, 1803 206 

Extending  the  eztcmal  Commerce  of  the  United  States.  An  act  for  extending  the  external  com- 
merce of  the  United  Sutes.    Feb.  28, 1803 206 

MiUtary  Peace  Establishment.  An  act  in  addition  to  an  act  entitled  ''An  act  fixing  the  mili- 
tary peace  establishment  of  the  United  States."    Feb.  28, 1803 206 

Trading  Houses  with  tks  Indians.    An  act  for  continuing  in  force  a  law  entitled  "  An  act  for 

establishing  trading  houses  with  the  Indian  tribes."    Feb.  28, 1803 207 


LIST  OF  THE  PUBUC  ACTS  OF  CONGRESS.  ix 

QftmrUtm  Ofictn,  An  act  to  revive  and  eontiDue  in  force  an  act  entitled  An  act 
to  augment  the  salaries  of  the  officers  therein  mentioned,"  passed  the  second  day 
of  March,  one  thousand  seven  hundred  and  ninety-nine.    (Obsolete.)    April  14, 

\fm i5« 

dmm  niwm§dfi9m  Drawbada  mmd  in  lu»ofatampi  on  Dtbmtum.  An  act  to  amend  an  act 
entitled  "  An  act  to  retain  a  further  sum  on  drawbacks,  for  the  expenses  incident  to 
the  allowance  and  payment  Uiereof,  and  in  lieu  of  stamp  dudes  an  debentures." 
April  14,1809 168 

An  act  to  establish  a  uniform  rule  of  naturalization,  and  to  repeal  the  acts 
heretofore  passed  on  that  subject    April  14, 1802 158 

p  grwrnUd  to  the  Xhdttd  Brtthren.  An  act  in  addition  to  an  act  entitled  "  An  act  in  addi- 
tion to  an  act  regulating  the  grants  of  land  appropriated  for  military  services,  and 
for  the  Society  of  the  United  Brethren  for  propagating  the  gospel  among  the  heathen." 
AprUSe,  1808 IM 

JmMeial  S^tUm  of  the  UmUid  Siatti.    An  act  to  amend  the  judicial  system  of  the  United 

Stales.    April  39,  1808. 166 

oftkt  PmiHe  Debt.    An  act  making  provision  for  the  redemption  of  the  whole  of 

the  public  debt  of  the  United  States.    (Obsolete.)    April  89, 1802 107 

An  act  for  the  relief  of  the  widows  and  orphans  of  certain  persons  who  have 
died  in  the  naval  service  of  the  United  States.    (Obsolete.)    April  29, 1802. 170 

I  to  the  Offuen  oftkt  Senate  and  Home  of  Bepreuntatwet,  An  act  to  regulate  and 
fix  the  compensation  of  the  officers  of  the  Senate  and  House  of  Representatives. 
(Obsolete.)    AprU89,  1802 170 

Otfjfri^  Frateetion  extended  to  the  Arte  of  JOetigning  hietorical  and  other  PrUUt,  An  act 
supplementary  to  an  act  entitled  "  An  act  for  the  encouragement  of  learning,  by 
securing  the  copies  of  maps,  charts,  and  books,  to  the  authors  and  proprietors  of 
such  copies  during  the  time  therein  mentioned;"  and  extending  the  benefits  thereof 
to  the  arts  of  designing,  engraving,  and  etching  historical  and  other  prints.  (Re- 
pealed.)    April  89, 1802 171 

of  Oficera  employed  in  the  CoUection  of  Duties.  An  act  to  amend  '*An  act  to 
establish  the  compensations  of  the  officers  employed  in  the  collection  of  the  du- 
ties on  imports  and  tonnage,  and  for  other  purposes."  (Obsolete.)  April  80, 
1808. 172 

o^  Foreign  Coim,    An  act  to  suspend  in  part  the  act  entitled  **  An  act  regulating 
foreign  coins,  and  for  other  purposes."    (Obsolete.)    April  80, 1802 178 

Trmdimg  Bmuee  with  the  Jndiane,  An  act  to  revive  and  continue  in  force  an  act  entitled  **  An 
act  for  establishing  trading  houses  with  the  Indian  tribes."  (Expired.)  April  80, 
1802 178 

2V  Mnhahitantt  tf  Ohio  atUkorUed  to  form  a  Conttitntion  aeul  State  Government,  and  AdmMon  of 
Ohio  into  the  tMm,  An  act  to  enable  the  people  of  the  eastern  division  of  the  terri- 
tory northwest  of  the  river  Ohio,  to  form  a  constitution  and  state  government,  and 
for  the  admission  of  such  state  into  the  Union,  on  an  equal  footing  with  the  origi- 
nal States,  and  for  other  purposes.    April  80, 1802 173 

Bemrd  of  Commiuiontre  in  the  CUy  of  Waehington  aboUehed,    An  act  to  abolish  the  board  of 

commissioners  in  the  city  of  Washington,  and  for  other  purposes.    May  1, 1802. . .  176 

J^ffnpriationfor  the  Support  of  the  Navy,  An  act  making  an  appropriation  for  the  support 
of  the  navy  of  the  United  States,  for  the  year  one  thousand  eight  hundred  and  two. 
(Obsolete.)    May  1, 1802 178 

JtfAl  ef  Preemption  to  Purduuere  of  Land  from  John  Clevet  Symmee,  An  act  to  extend  and 
eontinne  in  force  the  provisions  of  an  act  entitled  *'  An  act  giving  a  right  of  pre- 
emption to  certain  persons  who  have  contracted  with  John  Cleves  Symmes,  or  his 
associates,  for  lands  lying  between  the  Miami  rivers,  in  the  territory  northwest  of 
the  Ohio,  and  for  other  purposes."    May  1, 1802 179 

Didritit  eetubHeked.  CoUection  of  Dutieot  ^  An  act  to  provide  for  the  establishment  of 
certain  districts,  and  therein  to  amend  an  act  entitled  "An  act  to  regulate  the  collec- 
tion of  duties  on  imports  and  tonnage ;"  and  for  other  purposes.  (Obsolete.)  May 
1,1808 181 

J^pt epnaHone  for  the  MiUtary  Eetaldiehment,  An  act  making  appropriations  for  the  military 
establishment  of  the  United  States,  in  the  year  one  thousand  eight  hundred  and 

(Obsolete.)    May  1, 1802. 183 

62 


zii  LIST  OF  THE  PUBLIC  ACTS  OP  CONGRESS. 

J%i  MUU  eonHmiid  at  PhUade^kia,  An  act  to  prolong  the  continuance  of  the  mint  at  Phi- 
ladelphia.   (Obsolete.)    March  3, 1808 MS 

PMftofM.  An  act  to  make  provision  for  persons  that  have  been  disabled  by  known  wounds 
received  in  the  actaal  service  of  the  United  States,  daring  the  revolationaiy  war. 
March  3, 1808 HS 

Tramtfar  oftht  DtOUt  of  Supervimir.  An  act  authorizing  the  transfer  of  the  daties  of  super- 
visor to  any  other  officer.    (Obsolete.)    March  8, 1803 M3 

JiMKaal  Syttnn  of  thi  Umied  Slatti.    An  act  in  addition  to  an  act  entitled  <*  An  act  to  amend 

the  judicial  system  of  the  United  States."    March  3, 1803 SM 


%aB  of  ti)e  <Sigl)ti)  Congress  of  ti)e  IHmttb  Stabs. 

STATUTE  I.— 1803, 1804. 

JMoriiy  givm  to  the  Pruideni  to  take  Pouttiion  of  thi  Ttrritory  of  LamMiana.  An  act  to  ena- 
ble the  President  of  the  United  States  to  take  possession  of  the  territories  ceded  by 
France  to  the  United  States,  by  the  treaty  concluded  at  Paris,  on  the  thirtieth  of 
April  last,  and  for  the  temporary  government  thereof.    Oct.  31, 1803 S46 

8to(k  to  be  created  to  carry  into  lEffetA  the  Treaty  vfith  the  French  Republic.  An  act  anthorizing 
the  creation  of  a  stocl^  to  the  amount  of  eleven  millions  two  hundred  and  fifty 
thousand  dollars,  for  the  purpose  of  carrying  into  efiect  the  convention  of  the  thir- 
tieth of  April,  one  thousand  eight  hundred  and  three,  between  the  United  States  of 
America  and  the  French  Republic,  and  making  provision  for  the  payment  of  the 
same.    (Obsolete.)    Nov.  10, 1803 S46 

Provieionfor  Claims  of  Cttizem  of  the  United  Stalee  on  the  GoDemtneut  of  France.  An  act  mak- 
ing provision  for  the  payment  of  claims  of  citizens  of  the  United  States  on  the  go- 
vernment of  France,  the  payment  of  which  has  been  assumed  by  the  United  States, 
by  virtue  of  the  convention  of  the  thirtieth  of  April,  one  thousand  eight  hundred  and 
three,  between  the  United  States  and  the  French  republic.  (Obsolete.)  Nov.  10, 1803.  S47 

Jppropriation  to  carry  into  Effect  the  Treaty  with  Great  Britain.  An  act  making  an  appropriation 
for  carrying  into  efiect  the  7th  article  of  the  treaty  of  amity,  commerce,  and  navigation, 
between  the  United  States  and  his  Britannic  majesty.    (Obsolete.)    Nov.  16,  1803.  348 

Drawback  of  JDutiee  on  Goods  exported  to  New  Orieane,  An  act  to  repeal  the  act  entitled*' An 
act  to  allow  a  drawback  of  duties  on  goods  exported  to  New  Orleans,  and  therein  to 
amend  the  act  entitled  'An  act  to  regulate  the  collection  of  duties  on  imports  and 
tonnage.'"    (Obsolete.)    Nov.  26, 1803 848 

Repeal  of  the  Act  to  establish  a  uniform  System  of  Bankruptcy.  An  act  to  repeal  an  act  entitled 
"An  act  to  establish  a  uniform  system  of  bankruptcy  throughout  the  United  States." 
Dec.  19,1803 848 

Jfypropriations  for  the  Navy.  An  act  making  appropriations  for  the  support  of  the  navy  of 
the  United  States,  during  the  year  one  thousand  eight  hundred  and  four.  Jan.  31, 
1804 848 

Appropriations  for  the  BGUtary  Establishment.  An  act  making  appropriations  for  the  support 
of  the  military  establishment  of  the  United  States,  in  the  year  one  thousand  eight 
hundred  and  four.     Feb.  10, 1804 848 

Salaries  of  certain  Ojficers  of  Government.    An  act  continuing  for  a  limited  time  the  salaries 

of  the  officers  of  government  therein  mentioned.    (Expired.)    Feb.  20,  1804 880 

Zaying  and  Collecting  Duties  on  Imports  and  Tonnage  within  the  Territory  ceded  to  the  XMUd 
States  by  the  Treaty  with  the  French  JtepubKr.  An  act  for  laying  and  collecting  duties 
on  imports  and  tonnage  within  the  territories  ceded  to  the  United  States  by  the  treaty 
of  the  thirtieth  of  April,  one  thousand  eight  hundred  and  three,  between  the  United 
States  and  the  French  republic,  and  for  other  purposes.    Feb.  24, 1804 851 

City  of  Washington.    An  act  supplementary  to  an  act  entitled  **  An  act  to  incorporate  the 

inhabitanU  of  the  city  or  Washington,  in  the  District  of  Columbia."    Feb.  24, 1804.  264 

Charter  of  Alexandria.    An  act  to  amend  the  charter  of  Alexandria.    Feb.  26, 1804 266 

Registering  and  Enrolling  Skips  or  Vessels  in  the  District  of  Orleans.  An  act  relating  to  the  re- 
cording, registering,  and  enrolling  of  ships  or  vessels  in  the  district  of  Orleans. 
Feb.  25,  1804 869 


LIST  OF  THE  PUBUC  ACTS  OP  CONGRESS.  xi 

An  act  in  addition  to  an  act  entitled  '*An  act  more  effectually  to  provide  for  the 
national  defence  by  establishing  a  uniform  militia  throughout  the  United  States." 
March  2,  1803 «07 

PauporU  to  8h^  and  Vmda  of  the  Unittd  Statti,  An  act  supplementary  to  the  act  entitled 
**  An  act  providing  passports  for  the  ships  and  vessels  of  the  United  States."  March 
«,1803 808 

J^ppnpnatiotu  for  the  Support  of  the  Naotf,  An  act  making  an  appropriation  for  the  support 
of  the  navy  of  the  United  States,  for  the  year  one  thousand  eight  hundred  and  three. 
March  2,  1803 208 

Beguttrmg  and  Recording  of  8h^$  and  Veauh.  An  act  in  addition  to  the  act  entitled  "  An  act 
concerning  the  registering  and  recording  of  ships  and  vessels  of  the  United  States," 
and  to  the  act  entitled  "  An  act  to  regulate  the  collection  of  duties  on  imports  and 
tonnage."    March  2,  1803 209 

jfpfnpriationt  for  the  Sttpport  of  Government,    An  act  making  appropriations  for  the  support 

of  government,  for  the  year  one  thousand  eight  hundred  and  three.    March  2, 1803.  210 

Jfilitia.  An  act  more  effectually  to  provide  for  the  organization  of  the  militia  of  the  Dis- 
trict of  Columbia.    March  3, 1803 216 

SefpUmeni  to  the  Jet  for  the  Jdmiteion  of  the  State  of  Ohio  into  the  Dnian,  An  act  in  addition 
to,  and  in  modification  of,  the  propositions  contained  in  the  act  entitled  "  An  act  to 
enable  the  people  of  the  eastern  division  of  the  territory  northwest  of  the  river  Ohio, 
to  form  a  constitution  and  state  government,  and  for  the  admission  of  such  state 
into  the  Union,  on  an  equal  footing  with  the  original  states,  and  for  other  purposes." 
March  3,  1803 22ft 

tuHramee  of  Buiidingef  ^c,  in  the  County  of  Jilexandria.  An  act  concerning  the  insurance  of 
buildings,  goods,  and  Aimiture,  in  the  county  of  Alexandria,  in  the  territoiy  of  Co- 
Inmbia.    March  3, 180a 227 

J^prepriationsfor  the  MUitary  EttabKehment,  An  act  making  appropriations  for  the  military 
establishment  of  the  United  States,  in  the  year  one  thousand  eight  hundred  and  three. 
March  8,  1803. 227 

Zig^-houee  at  the  Entrance  of  Penobicot  Bay.  An  act  for  erecting  a  light-house  at  the  en- 
trance of  Penobscot  Bay,  or  any  other  place  in  its  vicinity  that  may  be  deemed 
preferable  by  the  Secreury  of  the  Treasury.    March  3,  1803 228 

PurU  of  Beaufort  and  Pateamaquoddy^  Eatton  and  Tiverton,  ifc.  An  act  to  make  Beaufort 
and  Passamaquoddy  ports  of  entry  and  delivery ;  to  make  Easton  and  Tiverton 
ports  of  delivery;  and  to  authorize  the  establishment  of  a  new  collection  district  on 
LakeOntario.     March3, 1803 228 

Lmdaofthe  United  Statet  eouth  of  the  State  ofTenneme,  An  act  regulating  the  grants  of 
land,  and  providing  for  the  disposal  of  the  lands  of  the  United  States  south  of  the 
State  of  Tennessee.    March  3,  1803 229 

Sak  Sjpringe  on  the  Watert  of  the  Wabaah  River,    An  act  concerning  the  salt  springs  on  the 

waters  of  the  Wabash  river.    March  3, 1803 23fi 

€Siy  of  WoMhington,    An  act  concerning  the  city  of  Washington.    March  3, 1803 23ft 

Lamia  appropriated  for  MHUary  Service  and  for  the  Society  of  the  United  Brethren,  An  act  to 
revive  and  continue  in  force  an  act  in  addition  to  an  act  entitled  <*  An  act  in  addi- 
tion to  an  act  regulating  the  grants  of  land  appropriated  for  military  services  and 
for  the  Society  of  the  United  Brethren  for  propagating  the  gospel  among  the  heathen," 
and  for  other  purposes.    March  3,  1803 230 

iteohent  Debtors,  An  act  for  the  relief  of  insolvent  debtors  within  the  District  of  Colum- 
bia.   March  3, 1803 237 

JfilifM.    Jtraenah,    An  act  directing  a  detachment  from  the  militia  of  the  United  States, 

and  for  erecting  certain  arsenals.    (Repealed.)    March  3, 1803 241 

CmrtM  of  the  XMud  Statet  in  Kentucky  Dittrict,  An  act  to  alter  the  time  of  holding  the   Court 

of  the  United  States  in  Kentucky  district    March  2, 1803 242 

JftffMg  of  Congrete,    An  act  to  alter  the  time  for  the  next  meeting  of  Congress.    March  3, 

1808 242 

appropriated  for  the  Refugeeefrom  Canada  and  Nova  Scotia,  An  act  in  addition  to  the 
act  entitled  **  An  act  regulating  the  grants  of  land  appropriated  for  the  refugees  from 
the  British  provinces  of  Canada  and  Nova  Scotia."    March  3, 1803 242 


xhr  LIST  OP  THE  PUBUC  ACTS  OP  CONGRESS. 

Jhaia  on  Goodt,  Wara  and  Merehandue.     Ad  act  ftirther  to  protect  tbe  commerce  and 

seamen  of  the  United  States  against  the  Barbary  powers.    March  26, 1804 291 

Naiurahxatwn.  An  act  in  addition  to  an  act  entitled  **  An  act  to  establish  a  uniform  rule 
of  naturalization,  and  to  repeal  the  acts  heretofore  passed  on  that  subject''  March 
26,1804. 292 

Naoff  PetuioH  Fund.    An  act  in  relation  to  the  navy  Pension  Fand.    March  26, 1804 298 

Light-houui  and  Beaeont,  An  act  to  erect  a  light-honse  at  the  mouth  of  the  Mississippi  river, 
and  also  a  light-house  at  or  near  the  pitch  of  Cape  Lookout,  in  the  State  of  North 
Carolina,  and  a  beacon  at  the  north  point  of  Sandy  Hook.    March  26,  1804 294 

EkcHon  of  the  Pretident  and  Vut-President  of  the  Umied  8tate$.  An  act  supplementary  to  the 
act  entitled  "  An  act  relative  to  the  election  of  a  president  and  vice-president  of  the 
United  States,  and  declaring  the  officer  who  shall  act  as  president  in  case  of  va- 
cancies in  the  offices  both  of  president  and  vice-president"  March  26, 1804 29ft 

Con$uh  and  Viee<onnds.  An  act  to  repeal  a  part  of  the  act  entitled  *'  An  act  supplementary 
to  the  act  concerning  consuls  and  vice-consuls,  and  for  the  further  protection  of 
American  seamen."    March  27, 1804 296 

JUgittering  and  JUeording  of  8hip$  and  Vaseit.    An  act  to  amend  the  act  entitled  "An  act 

concerning  the  registering  and  recording  of  ships  and  vessels."    March  27, 1804. .  296 

Naval  Peace  EttahUthment.    An  act  supplementary  to  the  act  entitled  **  An  act  providing  for 

a  naval  peace  establishment,  and  for  other  purposes."    March  27,  1804. 297 

City  of  Waehington,    An  act  supplementary  to  the  act  entitled  "  An  act  concerning  the  city 

of  Washington."    March  27,  1804 297 

PubUe  BuUXngi  m  the  City  of  Waehingtonu^An  act  concerning  the  public  buildings  at  the 

city  of  Washington.    March  27, 1804. 298 

Jhlhenticatvm  of  Public  Adt,  Records,  and  Judicial  Proceedingi.  An  act  supplementary  to  the 
act  entitled  "  An  act  to  prescribe  the  mode  in  which  the  public  acts,  records,  and 
judicial  proceedings  in  each  state  shall  be  authenticated  so  as  to  take  effect  in 
every  other  state."    March  27, 1804 298 

Dirftef  on  certain  Jrticlee  imported,  and  Light  Money,  An  act  for  imposing  more  specific  duties 
on  the  importation  of  certain  articles;  and  also,  for  levying  and  collecting  light  mo- 
ney on  foreign  ships  or  vessels,  and  for  other  purposes.    March  27, 1804. 299 

SaJariee  of  Ogkert  and  Jppointment  of  a  Surveyor  of  Marblehead.  An  act  relative  to  the  com- 
pensations of  certain  officers  of  the  customs,  and  to  provide  for  appointing  a  sur- 
veyor in  the  district  therein  mentioned.    March  27, 1804 SOO 

JddiiumalJudgefbrtheMi$ei$tjqrpi  Territory,    An  act  for  the  appointment  of  an  additional 

judge  for  the  Mississippi  territory,  and  for  other  purposes.    March  27, 1804 301 

DiUribiaion  of  the  Lam  of  the  United  Statet,  An  act  to  provide  for  a  more  extensive  distri- 
bution of  the  Laws  of  the  United  States.    March  27, 1804 SOS 

PuhKe  Lande  touth  of  the  State  of  Tennettee,  An  act  supplementary  to  the  act  entitled  <*  An 
act  regulating  the  grants  of  land,  and  providing  for  the  disposal  of  the  lands  of  the 
United  States  south  of  the  State  of  Tennessee.'^    March  27, 1804 803 

RESOLUTION. 

To  instruct  the  joint  committee  of  inrolled  bills  to  wait  on  the  president  of  the  United 
States,  respecting  a  variance  between  an  engrossed  and  inrolled  bilL  March  27, 
1804 806 


STATUTE  IL— 1804, 1806. 

Jippropriatum  to  carry  into  Ef^edt  the  Treaty  with  Great  Britain,  An  act  making  a  further  ap- 
propriation for  carrying  into  effect  the  treaty  of  amity,  commerce,  and  navigation, 
between  his  Britannic  majesty  and  the  United  States  of  America.  (Obsolete.) 
Nov.  24,  1804 807 

Jppropriatione  for  the  Support  of  Government,  An  act  making  an  appropriation  to  supply  a 
deficiency  in  an  appropriation  for  the  support  of  government  during  the  present 
year,  and  making  a  partial  appropriation  for  the  same  object  during  the  year  one 
thousand  eight  hundred  and  five.    (Obsolete.)    Dec.  6, 1804 807 


UST  OP  THE  PUBLIC  ACTS  OP  CONQRESS.  xv 


tfeerUM.  Qgnti  of  tf«  LamrfHu  UmUd  Statu.    An  act  for  the  disposal  of  certain 
copies  of  the  laws  of  the  United  States.    (Obsolete.)    Jao.  2, 1806 808 


An  afit  coneenung  drawbacks  on  goods,  wares,  and  merchandise.    Jan.  6^  180S.  808 

;  J^rrHarydmMwtotmo  Gaoemmtnt$.    An  act  to  divide  the  Indiana  territoxy  into 
two  separate  governments.    (Obsolete.)    Jan.  11, 1806 809 

Cmatridge  a  Fort  afDOieery.  An  act  declaring  Cambridge,  in  the  State  of  Massachusetts,  to 

be  a  port  of  deliyeiy.    Jan.  11,1806 810 

CarjfonHon  of  Oeorgttown  authorizid  to  maJx  a  Cimteway.  An  act  authorizing  the  Corporation 
of  Georgetown  to  make  a  dam  or  causeway  ftom  Mason's  island  to  the  western 
shore  of  the  river  Potomac    Jan.  19, 1806 310 

J^fprvpnationgfor  tht  Support  of  the  Navy,  An  act  making  appropriations  for  the  support 
of  the  navj  of  the  United  States,  during  the  year  one  thousand  eight  hundred  and 
fire.     (Obsolete.)    Jan.86, 1806 810 


^  Co0qttaing  the  South  Wmg  of  the  Capitol,  tfc.  An  act  making  an  appropria- 
tion for  completing  the  south  wing  of  the  capitol,  at  the  city  of  Washington,  and 
for  other  purposes.    (Obsolete.)    Jan.  26, 1806 811 

of  LoHdMj  ifc  in  tSoiUh  Carotmafor  the  Direet  Tax.  An  act  to  provide  for  the  com- 
pleting the  valuation  of  lands  and  dwelling-houses,  and  the  enumeration  of  slaves 
in  South  Carolina,  and  for  other  purposes.    (Obsolete.)    Jan.  30, 1806 81 1 

the  PMie  Lande,  An  act  concerning  the  mode  of  survejring  the  public  lands  of 
the  United  States.    Feb.  11,  1806 813 

Treaty  wUk  Sjpam.    An  act  for  carrying  into  more  complete  effect  the  tenth  article  of  the 

treaty  of  friendship,  limits,  and  navigation  with  Spain.    (Obsolete.)    Feb.  14, 1806.  314 

Pottmaeier-General  to  make  a  etrtam  Contract,  An  act  authorizing  the  Postmaster-general  to 
niske  a  new  contract  for  carrying  the  mail  from  Fayetteviile,  in  North  Carolina,  to 
Charleston,  in  South  Carolina.    (Obsolete.)    Feb.  14, 1806 816 

Jppntpt  ioHomefor  the  JUiUUary  EttabKehment.  An  act  making  appropriations  for  the  sup- 
port of  the  military  establishment  of  the  United  States,  for  the  year  one  thousand 
eight  hundred  and  five.    (Obsolete.)    Feb.  14,  1806 816 

CaBwfiDw  o/Dutiet.  An  act  supplementary  to  the  act  entitled  <' An  act  to  regulate  the  col- 
lection of  duties  on  imports  and  tonnage."    Feb.  22, 1806 316 


I  of  Congreee  to  em  Jet  of  Maryland,  An  act  to  continue  in  force  "  An  act  declaring 
the  consent  of  Congress  to  an  act  of  the  State  of  Maryland,  passed  the  twenty- 
d^th  day  of  December,  one  thousand  seven  hundred  and  ninety-three,  for  the  ap- 
pointment of  a  health  officer."    March  1, 1806 316 

Dirtet  Taxee,  An  act  to  amend  the  act  entitled  "  An  act  further  to  amend  the  act  entitled 
'An  act  to  lay  and  collect  a  direct  tax  within  the  United  States.'"  March  1, 
1806 816 

J^fprepriatiomtfor  the  Support  of  Government,  An  act  making  appropriations  for  the  support 
of  government,  for  the  year  one  thousand  eight  hundred  and  five.  (Obsolete.) 
March  1,1806 816 

Ootemmemt  of  the  Territory  of  Orleans,    An  act  further  providing  for  the  government  of  the 

territory  of  Orleans.    (Obsolete.)    March  3,  1806 822 

LoMde  South  of  the  State  of  Tenneeaee.  An  act  further  to  amend  an  act  entitled  "  An  act  re- 
gulating the  grants  of  land;  and  providing  for  the  disposal  of  the  luids  of  ihe  United 
8tate8,south  of  the  State  of  Tennessee.^    Maroh  2, 1806 323 

Jifudimg  Land  Titlee  m  the  Territory  of  OrUane  and  Dietriet  of  Louisiana.  An  act  for  as- 
certaining and  adjusting  the  titles  and  claims  to  land,  within  Uie  territory  of  Orleans, 
and  the  district  of  Louisiana.    March  3, 1806 324 

JSStary  Land  Warrants.    An  act  to  authorize  the  Secretary  of  War  to  issue  military  land 

warrants,  and  for  other  purposes.    Maroh  2, 1806 829 

Goeemment  and  Regulation  of  Seamen  m  the  Merchantif  Service.    An  act  to  amend  the  act  en- 
titled "  An  act  for  the  government  and  regulation  of  seamen  in  the  merohants'  ser- 
■     "    Maroh  2,  1806 330 


J^propriation  far  building  Gun  boats.   An  act  to  appropriate  a  sum  of  money  for  the  purpose 

of  building  gun  boats.    Maroh  2, 1806 830 

Bridge  at  BrooHyn,  New  York.  An  act  to  authorize  the  erection  of  a  bridge  across  a  mill 
pond  and  marsh  in  the  navy  yard,  belonging  to  the  United  States,  in  the  town  of 
Brooklyn,  in  the  State  of  New  York.    Maroh2,1806 330 


xtr  LIST  OF  THE  PUBUC  ACTS  OP  C30NGRESS. 

DuHa  on  Good$,  Warek  and  Merchandue.     An  act  ftirther  to  protect  the  commerce  and 

seamen  of  the  United  States  against  the  Barbary  powers.    March  26, 1804 291 

NaiuralixaHim.  An  act  in  addition  to  an  act  entitled  <*  An  act  to  establish  a  uniform  rule 
of  naturalization,  and  to  repeal  the  acts  heretofore  passed  on  that  subject"  March 
26,1804 292 

Aooy  Petuion  Fund,    An  act  in  relation  to  the  navy  Pension  Pond.    March  26, 1804 298 

lAghi-houui  and  Beaeotu.  An  act  to  erect  a  light-hoose  at  the  mouth  of  the  Mississippi  river, 
and  also  a  light-house  at  or  near  the  pitch  of  Cape  Lookout,  in  the  State  of  North 
Carolina,  and  a  beacon  at  the  north  point  of  Sandy  Hook.    March  26, 1804 294 

Ekction  of  the  Prmdetd  and  Vtct-Pruident  ofthg  United  Statu.  An  act  supplementary  to  the 
act  entitled  **  An  act  relative  to  the  election  of  a  president  and  vice-president  of  the 
United  States,  and  declaring  the  officer  who  shall  act  as  president  in  case  of  va- 
cancies in  the  offices  both  of  president  and  vice-president.''  March  26, 1804 29ft 

CuntuU  and  Viee-conayU.  An  act  to  repeal  a  part  of  the  act  entitled  **  An  act  supplementary 
to  the  act  concerning  consuls  and  vice-consuls,  and  for  the  further  protection  of 
American  seamen."    March  27, 1804 296 

BtgitUring  and  Recording  of  8hip9  and  Ve$9da.    An  act  to  amend  the  act  entitled  ''An  act 

concerning  the  registering  and  recording  of  ships  and  vessels."    March  27, 1804. .  296 

Naval  Peace  EttahUehment.    An  act  supplementary  to  the  act  entitled  "  An  act  providing  for 

a  naval  peace  establishment,  and  for  other  purposes."    March  27, 1804 297 

City  of  Waehington,    An  act  supplementary  to  the  act  entitled  "  An  act  concerning  the  city 

of  Washington."    March  27,  1804 297 

PubUe  BuHSingi  m  the  City  of  Wdshington^^An  act  concerning  the  public  buildings  at  the 

city  of  Washington.    March  27,  1804 298 

Jhahentication  of  Public  Jicla,  Records,  and  Judicial  Proceedinge,  An  act  supplementary  to  the 
act  entitled  "  An  act  to  prescribe  the  mode  in  which  the  public  acts,  records,  and 
judicial  proceedings  in  each  state  shall  be  authenticated  so  as  to  take  effisct  in 
every  other  state."    March  27, 1804 298 

DuKef  on  certain  jSrticlee  imported,  and  light  Money.  An  act  for  imposing  more  specific  duties 
on  the  importation  of  certain  articles ;  and  also,  for  levying  and  collecting  light  mo- 
ney on  foreign  ships  or  vessels,  and  for  other  purposes.    March  27, 1804 299 

Salariee  of  C^fficert  and  Jppointment  of  a  Surveyor  of  Marblehead,  An  act  relative  to  the  com- 
pensations of  certain  officers  of  the  customs,  and  to  provide  for  appointing  a  sur- 
veyor in  the  district  therein  mentioned.    March  27, 1804 300 

jSddiiumalJudgefbrOuBGeriMt^lfpi  Territory.    An  act  for  the  appointment  of  an  additional 

judge  for  the  Mississippi  territory,  and  for  other  purposes.    March  27, 1804 801 

Dittribution  of  the  Lowe  of  the  United  States.  An  act  to  provide  for  a  more  extensive  distri- 
bution of  the  Laws  of  the  United  States.    March  27, 1804 302 


PMic  Lands  south  of  the  State  of  Tennessee.  An  act  supplementary  to  the  act  entitled  "  An 
act  regulating  the  grants  of  land,  and  providing  for  the  disposal  of  the  lands  of  the 
United  States  south  of  the  State  of  Tennessee."    March  27, 1804 


803 


RESOLUTION. 

To  instruct  the  joint  committee  of  inroUed  bills  to  wait  on  the  president  of  the  United 
States,  respecting  a  variance  between  an  engrossed  and  inroUed  bill.  March  27, 
1804 306 


STATUTE  n.— 1804, 1806. 

Appropriation  to  carry  into  Effect  the  JVeaty  with  Great  Britain,  An  act  making  a  further  ap« 
propriation  for  carrying  into  effect  the  treaty  of  amity,  commerce,  and  navigation, 
between  his  Britannic  majesty  and  the  United  States  of  America.  (Obsolete.) 
Nov.  24,  1804 307 

Appropriations  for  the  Support  of  Government.  An  act  making  an  appropriation  to  supply  a 
deficiency  in  an  appropriation  for  the  support  of  government  during  the  present 
year,  and  making  a  paitial  appropriation  for  the  same  object  during  the  year  one 
thousand  eight  hundred  and  five.    (Obsolete.)    Dec.  6, 1804 307 


UST  OP  THE  PUBLIC  ACTS  OP  CONGRESS.  xv 

Dufutd  of  etrUtm  Cbpuf  oftkt  Lmn  <f  tht  IhuUd  Statu,    Ad  act  tox  the  disposal  of  certain 

copies  of  the  laws  of  the  United  States.    (Obsolete.)    Jan.  %  1806 808 

Jhmthadtt.  An  act  concerning  drawbacks  on  goods,  wares,  and  merchandise.    Jan.  6, 180S.  808 

LidiamaTkniiorydindediiUo  two  Goonrmnenti.    An  act  to  divide  the  Indiana  territoxy  into 

two  separate  governments.    (Obsolete.)    Jan.  11, 1806 809 

Cambridge  a  Port  o/Ddkaery.  An  act  declaring  Cambridge,  in  the  State  of  Massachusetts,  to 

be  a  port  of  delivery.    Jan.  11,1806 810 

CarforaOim  of  Oeorgttown  avithorized  to  make  a  Caumoay.  An  act  authorizing  the  Corporation 
of  Georgetown  to  make  a  dam  or  causeway  from  Mason's  island  to  the  western 
shore  of  the  river  Potomac    Jan.  19, 1805 310 

Jjfpnpriatioiu  for  the  Support  of  the  Navy.  An  act  making  appropriations  for  the  support 
of  the  navy  of  the  United  States,  during  the  year  one  thousand  eight  hundred  and 
five.    (Obsolete.)    Jan.  85, 1806 810 

Jpprepnationfbr  CompUtmg  the  South  Wmg  of  the  Capitol,  tfc.  An  act  making  as  appropria- 
tion for  completing  the  south  wing  of  the  capitol,  at  the  city  of  Washington,  and 
for  other  purposes.    (Obsolete.)    Jan.  26, 1806 811 

Vahaation  tf  Lands,  9fc,  in  tSoath  CaroHnafor  the  Direet  Tax,  An  act  to  provide  for  the  com- 
pleting the  valuation  of  lands  and  dwelling-houses,  and  the  enumeration  of  slaves 
in  &k>uth  Carolina,  and  for  other  purposes.    (Obsolete.)    Jan.  80, 1806 81 1 

Smveying  the  PubUe  Lande,    An  act  concerning  the  mode  of  surveying  the  public  lands  of 

the  United  States.    Feb.  11,  1806 818 

Treaty  with  Sjpaifu    An  act  for  carrying  into  more  complete  effect  the  tenth  article  of  the 

treaty  of  friendship,  limita,  and  navigation  with  Spain.    (Obsolete.)    Feb.  14, 1806.  314 

Pottmaeter-^eneral  to  make  a  certain  Contract.  An  act  authorizing  the  Postmaster-general  to 
make  a  new  contract  for  carrying  the  mail  from  Fayetteviile,  in  North  Carolina,  to 
Charleston,  in  South  Carolina.    (Obsolete.)    Feb.  14, 1805 816 

j^pnpriatumifor  the  Mititary  EetabUAwtent.  An  act  making  appropriations  for  the  sup- 
port of  the  military  establishment  of  the  United  States,  for  the  year  one  thousand 
eight  hundred  and  five.    (Obsolete.)    Feb.  14, 1806 816 

CeOeetion  of  Duties.  An  act  supplementary  to  the  act  entitled  «  An  act  to  regulate  the  col- 
lection of  duties  on  importa  and  tonnage."    Feb.  28,  1805 316 

Content  of  Congress  to  an  Jet  of  Maryland.  An  act  to  continue  in  force  «  An  act  declaring 
the  consent  of  Congress  to  an  act  of  the  State  of  Maryland,  passed  the  twenty- 
eighUi  day  of  ]>ecember,  one  thousand  seven  hundred  and  ninety-three,  for  the  ap- 
pointment of  a  health  officer."    March  1, 1806 316 

Direet  Taxes.  An  act  to  amend  the  act  entitled  "An  act  further  to  amend  the  act  entitled 
<An  act  to  lay  and  collect  a  direct  tax  within  the  United  States.'"  March  1, 
1805 316 

appropriations  for  the  Si^fport  of  Oovemment.  An  act  making  appropriations  for  the  support 
of  government,  for  the  year  one  thousand  eight  hundred  and  five.  (Obsolete.) 
March  1,1805 816 

Chaermment  of  the  Territory  of  Orleans,    An  act  further  providing  for  the  government  of  the 

territory  of  Orleans.    (Obsolete.)    March  2,  1805 822 

Lands  South  of  the  State  of  Tennessee.  An  act  further  to  amend  an  act  entitled  **  An  act  re- 
gulating the  granta  of  land;  and  providing  for  the  disposal  of  the  lands  of  the  United 
8tates,south  of  the  State  of  Tennessee.^    March  2, 1806 328 

jUfuding  Land  Titles  in  the  Territory  of  Orleans  and  District  of  Louisiana.  An  act  for  as- 
certaining and  adjusting  the  titles  and  claims  to  land,  within  Uie  territory  of  Orleans, 
and  the  (Ustrict  of  Louisiana.    March  2, 1806 324 

Military  Land  Warrants.    An  act  to  authorize  the  Secretary  of  War  to  issue  military  land 

warranta,  and  for  other  purposes.    March  2, 1806 329 

Government  and  Regnlation  of  Seamen  in  the  Merehanti?  Service.  An  act  to  amend  the  act  en- 
titled **  An  act  for  the  government  and  regulation  of  seamen  in  the  merchanta'  ser- 
vice."   March  2, 1805 380 

Jjppnpriationfir  building  Gun  boats.   An  act  to  appropriate  a  sum  of  money  for  the  purpose 

of  building  gun  boats.    March  2,  1806 880 

Bridge  at  Brooklyn,  New  York.  An  act  to  authorize  the  erection  of  a  bridge  across  a  mill 
pond  and  marsh  in  the  navy  yard,  belonging  to  the  United  States,  in  the  town  of 
Brooklyn,  in  the  State  of  New  York.    March  2, 1806 330 


xvi  LIST  OF  THE  PUBUC  ACTS  OF  CONQRESS. 

G^mrmnmU  of  Hu  Dittrid  tif  LomMtana.    An  act  farther  jiroyiding  for  the  government  of  the 

district  of  Louisiana.    (Obsolete.)    March  8, 1806 881 

Charttf  of  Georgtttwm.    An  act  to  amend  the  charter  of  Georgetown.    March  8, 18(M^ 838 

Jipprepriatiomfor  earrymg  into  Effect  tkM  IVcoty  witk  ChretU  BrUain,  An  act  supplementary  to 
the  act  entitled  **  An  act  making  an  appropriation  for  carrying  into  effect  the  eon- 
yention  between  the  United  States  of  America  and  his  Britannic  majesty.  (Obso- 
lete.)    March  8, 1805 886 

JHUrieit  of  Oemmoet,  Btffabi  Crtdc,  Jfiamt  amd  Erie,  An  act  to  establish  the  districts  of 
Gennessee,  of  Baffaloe  Creek,  and  of  Miami ;  and  to  alter  the  port  of  entry  of  the 
districtof  Erie.    March 8, 1805 836 

Poet-road$,    An  act  farther  to  alter  and  establish  certain  post>roads,  and  for  other  purposes. 

March  8, 1805 887 

jSfpropriatiomfor  earrymg  wio  Effed  eertam  Indian  Treatiet^  and  for  Drade  and  Intertourm  with 
the  Indiane,  Aa  act  making  appropriations  for  canying  into  effect  certain  Indian 
treaties,  and  for  other  purposes  of  Indian  trade  and  intercoarse.    March  8, 1805. . .  388 

Juritdidian  guen  to  Territorial  ComU  timOar  to  that  of  the  Dittrid  Court  ofKmtudty,    An  act 

to  extend  jurisdiction  in  certain  cases  to  the  territorial  courts.    March  8, 1805...  888 

Jhaiet  on  Merehandim,  and  Light  Money  on  Foreign  Veeeele,  ^.  An  act  to  amend  an  act  en- 
tilled  ^  An  act  for  imposing  more  specific  duties  on  the  importation  of  certain 
articles,  and  also  for  leVying  and  collecting  light  money  on  foreign  ships  or  vessels, 
and  for  other  purposes."    (Obsolete.)    March  8, 1805 889 

Pretervation  of  Peace  in  tht  Porte  and  Harhomre  of  the  United  Statee*  An  act  for  the  more 
effectual  preservation  of  peace  in  the  ports  and  harbours  of  the  United  States,  and 
in  the  waters  under  their  jurisdiction.    March  8, 1805 889 

JUgtUation  of  thM  Clearance  of  armed  Merdiant  VeeeeU.  An  act  to  regulate  the  clearance  of  armed 

merchant  vessels.    (Obsolete.)    March  8, 1805. 848 

8ak  ofLandi  in  the  Indiana  Territory,  An  act  supplementary  to  the  act  entitled  <<  An  act 
making  provision  for  the  disposal  of  the  public  lands  in  the  Indiana  territory,  and 
for  other  purposes."    March  8, 1805. • 848 

PfiimoM.  An  act  in  addition  to  "An  act  to  make  provision  for  persons  that  have  been 
disabled  by  known  wounds  received  in  the  actual  service  of  the  United  Stales 
during  the  revolutionary  war."    March  8, 1805 845 

jiecommodation  of  the  Pretidont  of  ike  Umttd  Statt,  An  act  to  provide  for  the  accommoda- 
tion of  ttie  President  of  the  United  States.    (Obsolete.)    March  8, 1805 846 

REsoLunoirai 

1.  Expressive  of  the  sense  of  Congress  of  the  gallant  conduct  of  Captain  Stephen  Deca- 
tur, the  officers  and  crew  of  the  United  States  ketch  Intrepid,  in  attacking,  in  the  har- 
bour of  Tripoli,  and  destroying  a  Tripolitan  frigate  of  forty-four  guns.  Nov.  87, 1804.  846 

8.  Expressive  of  the  sense  of  Congress  of  the  gallant  conduct  of  Commodore  Edward  Pre- 

blCf  the  officers,  seamen,  and  marines  of  his  squadron.    March  3, 1805 846 


Act0  of  ti)e  Ninti)  tfongrt90  of  t^e  finiteb  0tatt0. 

STATUTE  I.— 1806, 1806. 

Appropriation  far  the  Nawd  Senriee.  An  act  makinff  an  additional  appropriation  for  the  naval 
service  during  the  year  one  thousand  eight  hundred  and  five.  (Obsolete.)  Dec.  11, 
1806 846 

Payment  of  Ctaime  of  dtixene  of  the  United  Statu  under  the  Treaty  with  the  French  RqmbUc  An 
act  supplementaryto  the**  act  making  provision  for  the  payment  of  claims  of  citi- 
sens  of  the  United  States  on  the  government  of  France,  the  pajrment  of  which  has 
been  assumed  by  the  United  States,  by  virtue  of  the  convention  of  the  thirtieth  day 
of  April,  one  thousand  eight  hundred  and  three,  between  the  United  States  and  the 
French  republic."  (Obsolete.)    Dee.81,1805 8a 


LIST  OF  THE  PUBLIC  ACTS  OF  CONGRESS.  anrii 

,     ** 

rwmimfir  th»  Nofcl  S^rvin.  An  aet  making  an  additional  appropnaUon  to  supply 
Ike  deficiency  in  the  appropriation  for  the  naval  seirice,  dnnng  the  year  one  thou- 
sand  eight  hundred  and  five.    (Obsolete.)  Jan.  StI,  1806 8i« 

nn-r-  M  Lmg  UUmd^  and  Boxlmry  made  a  Port  of  DeKwry.  An  act  to  provide  for 
ligbt^iouses  in  Long  Island  Sound ;  and  to  declare  Roxbury,  in  the  State  of  Massa- 

chnsetts,  to  be  a  port  of  delivery.    Jan.  22, 1806 **» 

„  of  Jbttertoaruwiih  Fonigfi  Natwu.  An  act  making  provision  for  deftuying  any 
ez^oidinary  expenses  attending  the  intercourse  between  the  United  States  and 

foreign  nations.    (Obsolete.)    Feb.  18, 1806 **■ 

prM..w..yw,-  thMStqtportofa  Library.    An  act  making  a  further  appropriation  for  the 

fuppoit  of  a  Ubrary.    (Obsolete.)    Feb.  21, 1806 «>0 

Zmia  grmdid  to  Ou  Frmtdi  InhMtanU  of  GaUwpolU.  An  act  to  repeal  in  part  the  fourth  sec- 
tion of  an  act  entitled  "  An  act  to  authorize  a  grant  of  lands  to  the  French  inhabi- 
tants of  Galliopolis,  and  for  other  purposes  therein  mentioned."    Feb.  21, 1806. ....  860 
.  oftkt  OMetrt  of  the  Gooemnmd  ofHu  Norikwettim  Tmiiory.    An  act  for  the  reUef  of 
the  governor,  secretary,  and  judges  of  the  late  territory  of  the  United  States,  north- 

west  of  the  river  Ohia    (Obsolete.)    Feb.  21,  1806 960 

,^^^  hderoomru  wUh  ctrtam  ParU  of  St.  Dommgo,  An  act  to  suspend  the  commereial 
inieicourse  between  the  United  States  and  certain  parts  of  the  island  of  Su  Do- 
mingo.   (Expired.)    Feb.28,1806 Wl 

aak  tfa  TraH  ofLamd  in  Ciaekmati,  Okio.    An  act  authorizing  the  sale  of  a  tract  of  land, 

in  the  town  of  Cincinnati,  and  state  of  Ohio.    Feb.28,1806 »o2 

am'mwor-Gtntral  ofLomnana,  ^    An  act  extending  the  powers  of  the  surveyor-general  to 

the  territory  of  Louisiana,  and  for  other  purposes.    (Obsolete.)    Feb.  28, 1806. ...  852 

Omifl  of  Comgrm  to  ait  Jet  of  PemuyhanUu  An  act  declaring  the  consent  of  Congress  to 
an  act  of  the  State  of  Pennsylvania,  entitled  ''An  act  to  empower  the  board  of 
waidens,  for  the  port  of  Philadelphia,  to  collect  a  certain  duty  on  tonnage,  for  the 
purposes  therein  mentioned.    (Obsolete.)    Feb.28,1806 858 

Ckmii  Ceart  m  North  Carolma,  An  act  for  altering  the  time  for  holding  the  Circuit  Court 
in  the  district  of  North  Carolina,  and  for  abolishing  the  July  term  of  the  Kentucky 
District  Court     Feb.28,1806 864 

Jmntdietwm  gwm  to  ctrtam  State  Comrti  m  Smtg  and  Proteeutioni  vnder  the  Common  Law.  An 
aet  to  extend  jurisdiction  in  certain  cases  to  state  judges  and  state  courts.  March 
8,1806. W* 

Tkt  Tomn  of  Jeruy  made  a  Port  of  JkUoery,  and  a  Light-houu  to  be  erected  on  Wood  Jdand  or 
FUtdm^t  Nedc  An  act  declaring  the  town  of  Jersey,  in  the  State  of  New  Jersey,  to 
be  a  port  of  delivery ;  and  for  erecting  a  light-house  on  Wood  Island,  or  Fletcher's 
Neck,  in  the  State  of  Massachusetts.    Mareh  8, 1806 855 

Jhe  3V«iffct  of  the  Pretbyterian  Congregation  of  Georgdown  ineorporated.  An  act  to  incorporate 

the  trustees  of  the  Presbjrterian  congregation  of  (Georgetown.    March  28, 1806. . . .  856 

of  Congreee  to  an  jSct  of  the  State  of  Sooth  Carolina  tm/xmng  a  Duty  on  Toimogc  An  act 
declaring  the  consent  of  Congress  to  an  act  of  the  State  of  South  Carolina,  passed 
on  the  twenty-first  day  of  December,  in  the  year  one  thousand  eight  hundred  and 
four,  so  for  as  the  same  relates  to  auUioriziug  the  city  council  of  Charleston  to  im- 
pose and  collect  a  duty  on  the  tonnage  of  vessels  from  foreign  ports.  (Expired.) 
kaxch  28,  1806 857 

Road.    An  act  to  regulate  the  laying  out  and  making  a  road  from  Cumber- 
Innd  in  the  State  of  Maryland,  to  the  State  of  Ohio.    Mareh  29, 1806 857 

Jul—  mndArtideefor  the  Gooemment  of  the  Jrmy.    An  act  for  establishing  rules  and  articles 

for  the  government  of  the  armies  of  the  United  States.    April  10, 1806 850 

Bomdo  ghen  by  Manhale.    An  act  relating  to  bonds  given  by  marshals.    April  10, 1806. . . .  872 

Farngn  Coine.    An  act  regulating  the  currency  of  foreign  coins  in  the  United  States. 

April  10, 1806 874 

of  the  Ofieereofthe  Senate  and  House  of  Bepreeentatwes,    An  act  to  regulate  and 

fix  the  compensations  of  the  officen  of  the  Senate  and  House  of  Representatives. 
(ObM>lete.)AprdlO,1806 875 

efthe  Coatt.  of  North  CanUna.  An  act  directing  the  Secretaiy  of  the  Treasury  to 
cause  the  coast  of  North  Carolina,  between  Cape  Hatteras  and  Cape  Fear,  to  be 

surveyed.    April  10,1806 875 

C 


xviii  U8T  OF  THE  PUBUC  ACTS  OF  CONGRESS. 

Petmotu.    An  act  to  provide  for  persons  who  were  disabled  by  known  wounds  received  ' 

in  the  revolationaiy  war.    April  10, 1800 370  ^ 

Lamd  Warrantt.    An  act  to  authorize  the  Secretary  of  War  to  issne  land  warrants,  and  for  ^ 

other  purposes.    (Obsolete.)    April  15, 1800 878 

Public  Lamdt  m  tht  StattafOUo  and  Indiana  Territory.  An  act  to  suspend  the  sale  of  cer- 
tain lands  in  the  State  of  Ohio  and  the  Indiana  territory.  (Obsolete.)  April  16, 1800  878 

PrahibiHon  of  tht  bnjportation  of  certain  Goodt  and  Merchandiu  from  the  Kingdom  of  Great  Britain,  ' 

4Fe»    An  act  to  prohibit  the  importation  of  certain  goods,  wares,  and  merchandise. 
April  18, 1800 879  i 

CUnmM  of  dtixeni  of  the  United  Statu  on  the  Government  of  France,     An  act  supplementary 

to  the  act  making  provision  for  the  payment  of  claims  of  citizens  of  the  United  ' 

States  on  the  government  of  France.    April  18, 1800 881 

JhUharizing  the  ieemng  ofgrantt  and  Perfect  Titla  to  certain  Landt  by  the  State  of  Tennetue.  An 
act  to  authorize  the  State  of  Tennessee  to  issue  grants  and  perfect  titles  to  certain 
lands  therein  described,  and  to  settle  the  claims  to  the  vacant  and  unappropriated 
lands  within  the  same.    April  18,1800 881 

«l  Deta^metU  of  the  MiUtia  of  the  United  Statet  to  be  organized,  armed,  and  equipped.    An  act 

authorizing  a  detachment  from  the  militia  of  the  United  States.    April  18, 1800. . .  888 

Jppropriationi  for  the  Support  of  Government.    An  act  making  appropriations  for  the  support 

of  government  for  the  year  one  thousand  eight  hundred  and  six.    April  18, 1800. . .  384 

Compeneation  of  Witnutet  on  the  Trial  of  the  Impeachment  of  Samuel  Chase.  An  act  making 
provision  for  the  compensation  of  witnesses  who  attended  the  trial  of  the  impeach- 
ment of  Samuel  Chase.    April  21,  1800 889 

KamU  Peace  EetabHthment.  An  act  in  addition  to  an  act  entitled  **  An  act  supplementary  to 
the  act  providing  for  a  naval  peace  establishment,  and  for  other  purposes."  April 
21.1800 890 

Ccurtt  of  the  United  Statu  in  the  Dietriet  of  CotunMa.  An  act  for  the  regulation  of  the  times 
of  holding  the  courts  of  the  District  of  Columbia,  and  for  other  purposes.  April  21, 
1800 390 

Dutiu  on  Merchandiae.  An  act  continuing  in  force  for  a  further  time  the  first  section  of 
the  act  entitled  "  An  act  further  to  protect  the  commerce  and  seamen  of  the  United 
States  against  the  Barbary  powers."    (Obsolete.)    April  21, 1800 391 

Titiu  to  land  in  the  Territory  of  Orleane  and  District  of  Louieiana.  An  act  supplementary  to 
an  act  entitled  "An  act  for  ascertaining  and  adjusting  the  titles  and  claims  to  land 
within  the  territory  of  Orleans  and  the  district  of  Louisiana."    April  21, 1800 391 

Land  in  the  Indiana  Territory  and  in  the  State  of  Ohio.    An  act  respecting  the  claims  to  land 

in  the  Indiana  territory  and  State  of  Ohia    April  21, 1800 896 

Compemation  of  Clerke.  Roade  from  Jthene,  in  Georgia,  to  New  Orleane,  An  act  to  regulate 
and  fix  the  compensation  of  clerka,  and  to  authorize  the  laying  out  certain  public 
roads;  and  for  other  purposes.    April  21, 1800 • 890 

Jpprqrriationa  for  the  Support  of  the  Navy.  An  act  making  appropriations  for  the  support  of 
the  navy  of  the  Unitedf  States,  during  the  year  one  thousand  eight  hundred  and  six. 
April  21,  1800 398 

Land  Titlu  in  Detroit,  ^.    An  act  to  provide  for  the  adjustment  of  titles  of  land  in  the  town 

of  Detroit  and  territory  of  Michigan,  and  for  other  purposes.    April  21,  1800 398 

Jppropriatum  for  completing  the  South  Wing  of  the  CapitoL  An  act  making  a  further  anpro- 
priation  towards  completing  the  south  wing  of  the  capitol,  at  the  city  of  Wash- 
ington.   AprU21, 1800 399 

CoUedion  of  Dutiu  on  Importe  and  Tonnage.  An  act  to  amend,  in  the  cases  therein  mentioned, 
the  "  Act  to  regulate  the  collection  of  duties  on  imports  and  tonnage."  April  31, 
1800 399 

Public  Land  South  of  the  State  of  Tenneteu.  An  act  in  addition  to  an  act  entitled  "  An  act 
regulating  the  grants  of  land  and  providing  for  the  disposal  of  the  lands  of  the 
United  States,  south  of  the  State  of  Tennessee."    April  21, 1800 400 

Forttfying  the  Porte  and  Harboure  of  the  United  Staten,  and  building  Gun  Boatt.  An  act  for  for- 
tifying the  ports  and  harbours  of  the  United  States,  and  for  building  gun  boats. 
AprU21, 1800 402 


LIST  OF  THE  PUBLIC  ACTS  OP  CONGRESS.  xix 

T^a£mg  HouMM  wUh  the  Indian  Tribet'    An  act  for  establishing  trading  houses  with  the 

iDdian  tribes.     April21,1806 409 

Cummferfdiing  ikg  Current  Cmnt  of  the  United  Statee.  An  act  for  the  punishment  of  couoter- 
feiting  the  current  coin  of  the  United  States,  and  for  other  purposes.  April  21, 
1806 404 

^mUie  DebL  An  act  to  repeal  so  much  of  any  act  or  acts  as  authorize  the  receipt  of  evi- 
dences of  the  pabUc  debt  in  payment  for  lands  of  the  United  States,  and  for 
other  purposes  relative  to  the  public  debt    (Obsolete.)    April  18, 1806 404 

t»  MaM$aehuutitf  Beaam  or  Pier  at  Bridgeport,  and  Buoye  m  Pamptieo  Sound,  An 
act  for  erecting  certain  light-houses  in  the  State  of  Massachusetts ;  for  building  a 
beacon  or  pier  at  Bridgeport,  in  the  State  of  Connecticut;  and  for  fixing  buoys  in 
Pamptieo  Sound,  in  the  State  of  North  Carolinat    April  21, 1806 400 

.  of  the  Act  for  the  Compeneation  of  Jwron,  ifc.  extended  to  the  Territorial  Courte,  An  act 
supplementary  to  the  act  entitled  **  An  act  to  extend  jurisdiction  in  certain  cases  to 
the  territorial  courts.**    April  18,  1806 407 


for  carrying  into  Effect  certain  Indian  Treatiee.    An  act  making  appropria- 
tions for  carrying  into  efiect  certain  Indian  Treaties.    (Obsolete.)    April  21,  1806.  407 

for  the  Support  of  the  Military  Ettabliehtnent,    An  act  making  appropriations 

lor  the  support  of  the  military  establishment  of  the  United  States,  for  the  year  one 
thousand  eight  hundred  and  six.    (Obsolete.)    April  18,  1806 408 

Peet^roadM,    An  act  further  to  alter  and  establish  certain  post-roads,  and  for  other  pur- 
poses.   (Obsolete.)    April  21,  1806 408 

RESOLUTION. 

AekuowlcdgmeDt  of  the  sense  of  Congress  of  the  services  of  the  Danish  Consul  at  Tri- 
poli.   April  10,1806 410 


STATUTE  n.— 1806, 1807. 

ef  the  Operation  of  the  In^portation  Act,  and  to  remit  the  PenaUiee  incurred  under  the 
w.    An  act  to  suspend  the  operation  of  an  act  entitled  **  An  act  to  prohibit  the 
importation  of  certain  goods,  wares,  and  merchandise,"  and  to  remit  the  penalties 
incurred  under  the  same."    (Obsolete.)    Dec  19, 1806 411 

for  the  Support  of  the  Navy.  An  act  making  appropriations  for  the  support 
of  the  navy  of  the  United  States,  during  the  year  one  thousand  eight  hundred  and 
seven.    (Obsolete.)    Jan.  7, 1807 411 

JjfprepriaiumMfor  the  Military  EMtabHehment.  An  act  making  appropriations  for  the  support 
of  the  militaiy  establishment  of  the  United  States,  for  the  year  one  thousand  eight 
hundred  and  seven.    (Obsolete.)    Jan.  10,  1807 412 

Ciradt  and  District  Courte  in  North  Carolina,  An  act  to  alter  the  time  of  holding  the  Cir- 
cuit and  District  Courts  in  the  district  of  North  Carolina.    Feb.  4, 1807 413 

of  the  Coaate  of  the  United  Statee,    An  act  to  provide  for  surveying  the  coasts  of  the 
United  States.    Feb.  10, 1807 413 

X^g&f-Aovwf,  4r&  in  Conneetieut,  MaMeaehutette,  Virginia,  and  South  Carolina,  An  act  authoriz- 
ing tl^  erection  of  certain  lightphouses,  and  the  fixing  of  stakes,  buoys,  and  beacons, 
at  certain  places  therein  named.    Feb.  10,  IS07. 414 

PmhUe  Debt.  Ad  act  supplementary  to  the  act  entitled  <*  An  act  making  provision  for  the 
redemption  of  the  whole  of  the  public  debt  of  the  United  States."  Feb.  11, 
1807 416 

Pomer  of  granting  Write  of  Injunction  extended  to  the  Judgee  of  the  District  Courts  of  the  Unittd 
States,  An  act  to  extend  the  power  of  granting  writs  of  injunctions  to  the  judges  of 
the  District  Courts  of  the  United  States.    Feb.  13, 1807. 418 

Certain  Shores  and  Waters  annexed  to  the  District  of  Mississippi,  and  a  Custom-house  to  be  built 
at  New  Orleans,  An  act  to  annex  certain  shores  and  waters  to  the  district  of  Mis- 
sissippi ;  and  to  authorize  the  building  a  custom-house  at  New  Orteans.  Feb.  13, 
1807. 418 


IX  UST  OP  THE  PUBLIC  ACTS  OF  CONGRESS. 

Tht  Pruidini  aahorixtd  to  aeeqft  thi  Stnrite  of  VoUmteer  C<n^    An  act  authorizing  the  Presi-  '^ 
dent  of  the  United  States  to  aecept  the  senriee  of  a  nnmkMr  of  yolunteer  companies, 
not  exceeding  thirty  thousand  men.    (Obsolete.)  Feh.  24, 1807 419 

Ciradt  and  Diairui  CovrU  m  Zmfwdfcy,  TtmuMug,  and  Ohio.  An  act  establishing  Circnit 
Conrts,  and  abridging  the  jurisdiction  of  the  District  Coarts  in  the  districts  of 
Kentucky,  Tennessee,  and  Ohio.    (Obsolete.)    Feb.  S4, 1807 420 

Coniim»aiionofth§SiupomumoftkeNon'initreot$ruj^^^  An  act  to  continue  in  force  for  a 
ihrther  time,  an  act  entitled  "  An  act  to  suspend  the  commercial  intercourse  between 
the  United  States  and  certain  parts  of  the  island  of  St.  Domingo."  (Expired.) 
Feb.  24^1807. 4AI 

JHtHd  ofCohtmbia,  An  act  fbrther  supplementary  to  the  act  entitled  ''An  act  concern- 
ing the  District  of  Columbia."    Feb.24,  1807. 422 

Cort^kaUi  ofnatonabU  CammofSiixun  to  be  giom  m  ttrtam  Cam.  An  act  respecting  seis- 
ures  made  under  the  authority  of  the  United  State*,  and  for  other  purposes.  Feb. 
24,1807. 422 

Framdi  on  the  Bank  of  the  IMted  Stattt.    An  act  to  punish  frauds  committed  on  the  Bank  of 

the  United Sutes.    (Obsolete.)    Feb.24,1807 422 

Firvmta  MiHtarff  Land  Warrante.  Lande/or  the  Uet  ofSdmU.  An  act  to  extend  the  time  for 
locating  Virginia  military  land  warrants,  for  returning  surveys  thereon  to  the  office 
of  the  SecretaiT  of  the  IX^partment  of  War ;  and  appropriating  lands  for  the  use  of 
schools,  in  the  Virginia  military  reservation,  in  lieu  of  those  heretofore  appropriated. 
March  2, 1807. .....: 424 

ImportaHon  of  SHaoee  prohibited  of ter  January  1, 1808.  An  act  to  prohibit  the  importation  of 
slaves  into  any  port  or  place  within  the  jurisdiction  of  the  United  States,  from  and 
after  the  first  day  of  January,  in  the  year  of  our  Lord  one  thousand  eight  hundred 
and  eight    March  2, 1807. 426 

Jdmmietratum  qf  Jnttiee  m  the  JHetrict  of  Columhia.  An  act  to  reduce  the  expenses  attend- 
ing the  administration  of  justice  in  the  Dyitrict  of  Columbia.    March  S,  1807 4M 

jSddUiondl  Conqtentation  to  the  Jndget  ofMtriet^^  Hdiana,  Midiigam,  and  Lomaiana  Tenitonee. 
An  act  allowing  an  additional  compensation  to  the  judges  of  the  Mississippi,  In- 
diana, Michigan,  and  Louisiana  territories.    (Obsolete.)    March  8, 1807. 481 

Jpprepriaihnefor  the  SknOh  Wing  of  the  CofiUd.   An  act  making  appropriations  for  finishing 

the  south  wing  of  the  capitol,  and  for  other  purposes.    (Obsolete.)    March  8, 1807.  482 

J^ipnpfiaHonM  far  the  Support  of  Oovemment.  An  act  making  appropriations  for  the  support 
of  government  during  the  year  one  thousand  eight  hundred  and  seven.  (Obsolete.) 
March  8, 1807 482 

Rq^ofDnHei  on  Salt,  JhUiee  on  JfcrcAamiut,  ^c.  An  act  repealing  the  acts  laying  duties 
on  salt,  and  continuing  in  force,  for  a  ftirther  time,  the  first  section  of  Uie  act  en- 
titled "  An  act  farther  to  protect  the  commerce  and  seamen  of  the  United  States 
against  the  Barbaiy  powers."    (Expired.)    March  8, 1807 428 

F&gmta  MUUary  Land  Warrante.    An  act  authorizing  patents  to  issue  for  lands  located  and 

surveyed  by  virtue  of 'certain  Virginia  resolution  warrants.    March  8, 1807 487 

liwrff  m  the  Terriiory  oflHekigon.    An  act  regulating  the  grants  of  land  in  the  territory  of 

Michigan.    March  8, 1807 487 

J^PpraprioHons  for  earrying  into  Effect  a  T^^aty  vdih  the  ChiAaeawe.  EetahKthment  of  a  Land 
Office  in  the  JB^teiet^  Territory.  An  act  making  appropriations  for  carrying  into 
effect  a  treaty  between  the  United  States  and  the  Chickasaw  tribe  of  Indians ;  and 
to  establish  a  land  office  in  the  Mississippi  territory.    (Obsolete.)    March  8, 1807. .  440 

Laade  in  the  Teniioriet  of  OrUarn  and  Lomeiana.    An  act  respecting  claims  to  land  in  the 

territories  of  Orleans  and  Louisiana.    March  8, 1807. 440 

Jppropriaiioni  far  fortifying  the  Porte  and  Harboare  of  the  Umttd  Statee.  An  act  making  fur- 
ther appropriations  for  fortifying  the  ports  and  harbours  of  the  United  States.  (Obso- 
lete.)   MarchS,  1807 448 

MmphywmU  of  the  Land  and  NawU  Fercee  in  Caeee  of  JneunreitumM.  An  act  authorizing  the 
employment  of  the  land  and  naval  forces  of  the  United  States,  in  cases  of  insurrec- 
tions.   March  3, 1807 448 

JVSsMil  Peace  EttahKehment.  An  act  in  addition  to  an  act  entitled  <*  An  act  in  addition  to  an 
act  entitled  <  An  act  supplementary  to  the  act  providing  for  a  naval  peace  establish- 
ment, and  for  other  purpose^.' "    March  3,  1807 442 


LIST  OF  THE  PUBLIC  ACTS  OF  CONGRESS.  xxi 

fm 
etmrymg  arUKm  Inditm  Tnaiiet  mto  Effect.    An  act  making  appropriations 
lor  cmrrjin^  into  eiTeet  certain  treaties  with  the  Cherokee  and  Piankeshaw  tribes  of 
Indians.     (Obsolete.)    March  8, 1807 i48 

An  act  to  establish  certain  post-roads,  and  for  other  purposes.    (Repealed.) 
March  8^  1807 4i4 

IHa^fnwnl  0f  th*  Bamk  of  IhtrmL  An  act  disapproving  of  an  act  passed  by  the  governor 
and  judges  of  the  territory  of  Michigan,  entitled  "  An  act  concerning  the  Bank  of 
Detroit.-     March  8, 1807 444 


Strvien  oftkn  Qffietn  of  the  Oovermmnt  o/thg  Indiana  TerrUory.  An  act 
making  compensation  for  extra  services  to  the  governor,  judges,  and  secretary  of 
the  Indiana  terriloiy.  (Obsolete.)    March  8, 1807. 444 

im  sf  Skitinmnta  on  tkt  Lmtd$  of  thg  Uniud  Stata,  An  act  to  prevent  settlements  being 
made  on  lands  ceded  to  the  United  States,  until  authorized  by  law.  March  9, 
1807 445 

CImma  im  thM  DtMtria  of  Vmetnmt,  ^.    An  act  confirming  claims  to  land  in  the  district 
of  Yiacennes,  and  for  other  purposes.    March  8, 1807 448 

AiUic  Lmdk  An  act  making  provision  for  the  disposal  of  the  public  lands,  situated  be- 
tween the  United  States  militaiy  tract  and  the  Connecticut  reserve,  and  for  other  pur- 
poses.    (Obsolete.)    Mai«h8,1807 448 

BESOLUnON. 

1^  PabUsh  the  report  and  chart  of  the  survey  of  the  coast  of  North  Carolina.    March  8, 

1808 448 


QittB  of  tl)e  Centl)  (ian%xtBB  of  ti)t  Vimitb  Staltn. 

STATUTE  I 1807, 1808. 


for  tki  Support  of  tkt  Navy.    An  act  making  fhrther  appropriations  for  the 

support  of  the  navy  of  the  United  Sutes  during  the  year  one  thousand  eight  hun- 
dred and  seven.    (Obsolete.)    Nov.84, 1807 460 

iUamuml  CMnpcMMtfiM  to  thi  Stentarita  oftho  Mimoaippiy  Indiana,  Lomtiana,  and  Midagan 
T^rriiona,  An  act  allowing  an  additional  compensation  to  the  secretaries  of  the 
Mississippi,  Indiana,  Louisiana,  and  Michigan  territories.    Dec  6, 1807 460 

DiiMdt  ofBiddgfinrd  a$id  PepperMonmgK    An  act  to  change  the  name  of  the  district  of  Bid- 

dobcd  and  Pepperelborough,  in  Massachusetts,  to  that  of  Saco.    Dec  16,  1807.  • . .  461 


ioHonftr  am  additional  Number  of  Onn  Boati,    An  act  to  appropriate  money  for  the 
providing  of  an  additional  number  of  gun  boats.    (Obsolete.)    Dec.  18, 1807 461 

la  Embargo  laid  on  S^pi  and  Festtb  m  the  Porto  and  Harboura  of  the  United  Statea.  An  act 
laying  an  embargo  on  all  ships  and  vessels  in  the  ports  and  harbours  of  the  United 
States.    (Bepealed.)    Dec8S,1807 461 

/(■njHwfiwi  oftka  Porta  and  Harbonra  of  tha  VmUd  Statea.  An  act  supplementary  to  an  act 
entided  "  An  act  for  forti^g  the  ports  and  harbours  of  the  United  States,  and  for 
hnilding  gun  boats."    (Obsolete.)     Jan.8,1808 463 

ft|gl«iiiit  tathaJa  faycRf  am  Embargo,  An  act  supplementary  to  the  act  entitled  «  An  act 
laying  an  embargo  on  all  ships  and  vessels  in  the  ports  and  harbours  of  the  United 
States."    (Repealed.)    Jan.  0, 1808 468 

JIgAr  of  Stdfrag^  extanded  in  tha  Maaiaa^  Territory.    An  act  extending  the  right  of  suffrage 

in  the  Mississippi  territory,  and  for  other  purposes.    (Obsolete.)    Jan.  0, 1808. ...  466 

OrmHa  of  Land  South  of  tha  State  of  Tanneaaea.  An  act  supplemental  to  an  act  entitled  «  An 
act  regulating  the  grants  of  land,  and  providing  for  the  disposal  of  the  lands  of  the 
United  States,  soum  of  the  State  of  Tennessee."    Jan.  10, 1808 466 

DiiCMt  am  Marhandim.  An  act  to  revive  and  continue  in  force  for  a  further  time  the  first 
section  of  the  act  entitled  **  An  act  farther  to  protect  the  commerce  and  seamen  of 

the  United  States  against  the  Barbery  powers.^    (Obsolete.)    Jan.  10, 1808. 466 

VoL.n.~(4)  c2 


UST  OF  THE  PUBUC  ACTS  OF  C0NQRE8S. 

MxpemtM  of  the  Jmptaehmint  of  Samuel  Choie,    An  act  to  provide  for  the  pajrment  of  certain 

expenses  incurred  in  the  impeachment  of  Samuel  Chase.  (Obsolete.)  Jan.  SI,  1808.  466 

SaUariu  of  the  t^ffiun  of  Gwtmment,  An  act  to  continue  in  force  for  a  limited  time  an  act 
entitled  **  An  act  continuing  for  a  limited  time  the  salaries  of  the  officers  of  govern- 
ment therein  mentioned."    (Obsolete.)    Jan.  87, 1808 456 

Bfidgt  over  the  Hwer  Potomac,    An  act  authorizing  the  erection  of  a  bridge  over  the  riVer 

Potomac,  within  the  District  of  Columbia.    Feb.6, 1808. 467 

IdgJU-hoMt  OH  Point  Judith.    An  act  to  erect  a  light-house  on  Point  Judith,  in  the  State  of 

Rhodelsland.    Feb.  10, 1808 403 

JffpnpriatvmM  for  the  Support  of  Government,  An  act  making  appropriations  for  the  support 
of  government  during  the  year  one  thousand  eight  hundred  and  eight  (Obsolete.) 
Feb.  10, 1808 46S 

JlppropriatumM  for  the  Support  of  the  Navy,  An  act  making  appropriations  for  the  support 
of  the  navy  of  the  United  States  during  the  year  one  thousand  eight  hundred  and 
eight    (Obsolete.)     Feb.  10, 1808 466 

Didriet  of  Cohtmhia,    An  act  to  revive  and  continue  certain  causes  and  proceedings  in  the 

District  Court  of  the  District  of  Columbia.    (Obsolete.)    Feb.  10, 1808 467 

Jpprepriatume  for  carrying  into  Effect  certain  Indian  Treatiee,    An  act  making  appropriations 

for  carrying  into  effect  certain  Indian  treaties.    (Obsolete.)    Feb.  19, 1808 467 

Expenaee  of  the  In^^eiry  into  the  Conduct  of  John  Smith,  a  Senator  from  the  State  of  Ohio,  An 
act  to  provide  for  the  payment  of  certain  expenses  incurred  in  the  inquiry  into  the 
conduct  of  John  Smith,  a  Senator  from  the  State  of  Ohio.  (Obsolete.)  Feb.  19, 1808.  408 

Mditional  Con^jtensation  to  the  Marthab  of  North  Carolina  and  New  Jereey,  An  act  making 
additional  compensation  to  the  marshals  for  the  districts  of  North  Carolina  and 
New  Jersey.    Feb.  26, 1808. 468 

Extenaiimof  the  Right  of  Suffrage  in  the  Indiana  Territory,     An  act  extending  the  right  of 

sufirage  in  the  Indiana  territory.    (Obsolete.)    Feb.  36, 1808 469 

B»ppUment  to  the  New  Importation  Ad,  An  act  supplementary  to  the  act  entitled  "  An  act 
to  prohibit  the  importation  of  certain  goods,  wares,  and  merchandise."  (Obso- 
lete.)   Feb.S7, 1808 469 

Py/tiie  Lande,    An  act  making  further  provisions  for  the  disposal  of  the  secUons  of  land 

heretofore  reserved  for  the  future  disposition  of  Congress.    Feb.  39, 1808 470 

Jppropriatiam  for  the  MiUtary  EetabUehment,  An  act  making  appropriations  lor  the  support 
of  the  military  establishment  of  the  United  States,  for  the  year  one  thousand  eight 
hundred  and  eight    (Obsolete.)    March  3, 1808 470 

hnportation  of  Copper,  Saltpetre,  and  A^pAscr  fru  of  Duty.    An  act  to  alloir  the  importation 

of  old  copper,  saltpetre,  and  sulphur  free  of  duty.    March  4, 1808 471 

Judieial  Syatem  of  the  United  Staiee,    An  act  in  further  addition  to  an  act  entitled  "An  act  to 

amend  the  judicial  system  of  the  United  Sutes."    March  9, 1808 471 

Terme  of  Credit  on  Revenue  Bonds  extended.  An  act  for  extending  the  terms  of  credit  on  re- 
venue bonds  in  certain  cases,  and  for  other  purposes.    (Obsolete.)    March  10, 1808.  471 

Pwrthau  of  Jrme,  Saltpetre,  aetd  Su^hur,    An  act  for  procuring  an  additional  number  of  arms, 

and  for  the  purchase  of  saltpetre  and  sulphur.    (Obsolete.)    March  11, 1808 478 

Embargo,  An  act  in  addition  to  the  act  entitled  "  An  act  supplementary  to  the  act  entitled 
*  An  act  laying  an  embargo  on  all  ships  and  vessels  in  the  ports  and  harbours  of 
the  United  States.'"    (Repealed.)    March  13, 1808 478 

Dutiet  remitted  on  a  Monument  in  Memory  of  the  OgScere  of  the  Navy  who  fell  during  the  Attack  on 
Tripoli,  An  act  remitting  the  duties  pajrable  on  the  importation  of  a  monument  to 
be  erected  in  memory  of  the  officers  of  the  United  States  navy,  who  fell  during  the 
attack  made  on  the  city  of  Tripoli,  in  the  year  one  thousand  eight  hundred  and  four. 
(Obsolete.)    March  13,1808 ^ 476 

Ught'houae  on  Sapelo^  Beaeone,  and  Buoys  near  Danen,  Ipstoiek,  Plymouth,  TStekamuek,  and 
Great  Egg  Harbour.  An  act  for  erecting  a  light-house  on  the  south  point  of  the 
island  of  Sapelo,  and  for  placing  buoys  and  beacons  in  the  shoals  of  the  inlet  lead- 
ing to  the  town  of  Darien,  and  near  the  entrance  of  Ipswich  harbour,  near  Plymouth 
harbour,befbre  the  harbour  of  Nantucket,  and  on  the  island  of  Tuekanuek,  at  or  near 
the  entrance  of  Connecticut  river,  and  near  the  entrance  of  Great  Egg  Harbour  river. 
March  17,1808...: 476 


UST  OF  THE  PUBUC  ACTS  OF  CONGRESS.  xxiii 

MSHm^  Lamd  Warramii,    An  act  extending  the  time  for  issuing  and  locating  military  land 

warrants.    (Obsolete.)    March  SI,  1808. 477 

CinmU  amd  Dutrid  Courts  m  KetUmdey,  TmncfaM,  tmd  OkuK  An  act  to  amend  the  act  en- 
titled **  An  act  establishing  Circoit  Conrts,  and  abridging  the  jarisdiction  of  the  Dis- 
trict Coorts  of  the  districts  of  Kentucky,  Tennessee,  and  Ohio."    March  33, 1808.  477 

tSUim  9f  tkt  Umtid  Statn,    An  act  aathorizing  a  detachment  from  the  militia  of  the  United 

States.    (Expired.)    March  80,  1808 478 


I  ojtki  UmUd  SiatiM.    An  act  concerning  the  sale  of  the  lands  of  the  United  States, 
and  for  other  purposes.    March  31, 1808 479 

JfiaC    An  act  Airther  to  prolong  the  continuance  of  the  mint  at  Philadelphia.    (Expired.) 

April  1,1808 481 

Salr  ofPmblie  Arms,    An  act  authorizing  the  sale  of  public  arms.    April  3, 1808 481 

JUdiiiomai  HUiiwry  Font.    An  act  to  raise  for  a  limited  time  an  additional  military  force. 

(Obsolete.)    April  13,  1808. 481 

2V— winioii  oftertam  DocmunU/ra  of  Pottage.    An  act  to  authorize  the  transportation  of 

certain  documents,  by  mail,  me  of  postage.    (Obsolete.)    April  18, 1808 488 

Prtttroaiiom of  Pfet  m  tkt  Portt  and  Hofhomnoftht  Dmied  StaUt^  tfc  An  act  to  continue  in 
force,  for  a  further  time,  an  act  entitled  «  An  act  for  the  more  effectual  presenratioa 
of  peace  in  the  ports  and  harbours  of  the  United  States,  and  in  the  waters  under 
their  jurisdiction.^    (Expired.)    April  19, 1808. 484 


\  of  Congnit  to  Jeta  of  Marylatid  and  Qtorgia.  An  act  to  revive  and  continue  in  force 
"An  act  declaring  the  assent  of  Congress  to  certain  acts  of  the  States  of  Maryland 
and  Georgia."    (Expired.)    April  30, 1808 484 

FmUk  Comimett,    An  act  concerning  public  contracts.    April  31, 1808 484 

aWiyftf  Cbn^ny  m  tkt  ComUy  of  Jkxamdria.    An  act  for  the  establishment  of  a  turnpike 

company,  in  the  county  of  Alexandria,  in  the  District  of  Columbia.    April  81, 1808.  486 

Jwriadittum  to  8taU  Judgtt  m  ctrtam  Cattt^  tfc  An  act  to  continue  in  force  an  act  entitled 
*■  An  act  to  extend  jurisdiction  in  certain  cases  to  state  judges  and  state  courts,  and 
lor  other  purposes.^    April  31, 1808. 489 

JbUktriiy  to  tkt  Prtddtmt  to  nupend  tkt  Embargo,  An  act  to  authorize  the  President  of  the 
United  States,  under  certain  conditions,  to  suspend  the  operation  of  the  act  laying 
an  embargo  on  all  ships  and  vessels  in  the  ports  and  harbours  of  the  United  States, 
and  the  several  acts  supplementary  thereto.    (Repealed.)    April  33, 1808 490 

J  of  Congntt.  An  act  to  alter  the  time  for  the  next  meeting  of  Congress.  (Obsolete.) 
AprUS3, 1808 490 

J  and  Eqwnpingtkt  MiUiia.  An  act  making  provision  for  arming  and  equipping  the 
whole  body  of  the  militia  of  the  United  States.    April  33, 1808 490 

IWiiwili  m  (Soorgia  and  Okio.    An  act  to  establish  certain  post-roads  in  the  States  of 

Georgia  and  Ohio.    (Obsolete.)    April  33, 1808. 491 

,%piHPiiiififlii  for  tkt  Exptnttt  of  tkt  Vahuaion  ofHomttt  Landt^  and  tkt  Enumtration  of  SUntt 
wUkim  tkt  Umttd  StaUt.  An  act  making  an  appropriation  to  supply  a  deficiency  in  an 
appropriation  for  the  support  of  government  during  the  present  year,  and  making 
an  appropriation  for  defraying  the  expenses  incident  to  the  valuation  of  houses  and 
lands,  and  the  enumeration  of  slaves  within  the  United  States.  (Obsolete.)  April  38, 
1808. 491 

T^wamnt     An  act  concerning  invalid  pensioners.    April36,1808 491 

Jbdkarity  to  tkt  Prtmdtni  to  tx^angt  artam  Landt,  for  other  Landt  mart  omtahUJor  Fort^ka^ 
tion.  An  act  to  authorize  and  empower  the  President  of  the  United  States  to  ex- 
change certain  lands,  for  other  lands  more  suitable  for  fortification.  April  36, 
1808 496 

JfffopriMiiantJor  an  addMonal  Hittory  Force  An  act  making  appropriations  for  the  sup- 
port of  an  additional  military  force,  for  the  year  one  thousand  eight  hiudred  and 
eight    (Obsolete.)    April  36, 1808 497 

Parti  of  Plfmemtkt  m  Ntrtk  CanOna,  8t.  Maq^t,  and  jiagatta.  An  act  to  make  Plymouth,  in 
North  Carolina,  a  port  of  entry;  to  change  the  name  of  the  district  of  Naiyemoy 
to  that  of  St  Macy's,  and  to  make  Augusta,  in  the  district  of  Maine,  a  port  of  da- 
lively.    April  36»  1808. ^..... 497 


xxiT  U8T  OF  THE  PUBUC  ACTS  OF  CONGRESS, 

^i 
BUb  draum  by  Jckn  Jmutrong,  WmUtr  to  France,    An  act  aothorizing  the  Secretary  of  the 
Treasory  to  pay  to  the  comptroller  of  the  treasunr,  in  trost,  ti^e  amount  of  certain 
hills  drawn  hy  John  Armstrong,  Minister  from  the  United  States  to  the  Coart  of  France, 
on  [the]  treasnry  of  the  United  States.    (Ohsolete.)    April  26, 1808 M8 

j^fpnpriatumi  for  compicftng  thi  PMic  BmUHngi,  An  act  to  make  good  a  deficit  in  the  ap- 
propriation of  eighteen  hnodred  and  seven,  for  completing  the  pnhlic  buildings,  and 
for  other  purposes.    April  26, 1808. 499 

Embargo,  An  act  in  addition  to  the  act  entitled  <<  An  act  laying  an  embargo  on  all  ships 
and  vessels  in  the  ports  and  harbours  of  the  United  States,"  and  the  several  acts 
supplementary  thereto,  and  for  other  purposes.    (Repealed.)    April  26, 1808 499 

Zamit  in  tht  Ttrritory  of  Mehigan,    An  act  supplemental  to  •*  An  act  regulating  the  grants 

of  land  in  the  territory  of  Michigan.'*    April  26, 1608 60S 

RESOLUTION. 

To  authorise  th«  disposition  of  certain  charts  of  the  coast  of  North  Carolina.    March  €, 

1808 604 


STATUTE  n.^lS06, 1809. 

Jffssogt  of  th€  PrttidmU  of  tht  Uniitd  Statu  to  ftc  tranamitttdfrte  of  Pottagi,  An  act  to  autho- 
rise the  transportation  of  a  certain  message  of  the  President  of  the  United  States, 
and  documents  accompanying  the  same.    (Obsolete.)    Nov.  18, 1808 606 

RfMiMM  (Sittin,  An  act  authorising  the  President  of  the  United  States  to  employ  an  ad- 
ditional number  of  revenue  cutters.    Jan.  6, 1809. ,,,  606 

PapimU  ofartain  Ptntimu  at  thi  Seat  of  Gavertmtnt,  An  act  authorizing  the  payment  of 
certain  pensions  by  the  Secretary  of  War  at  the  seat  of  government  (Obsolete.) 
Jan.  7, 1809 606 

Embargo,  An  act  to  enforce  and  make  more  effectual  an  act  entitled  "  An  act  lajring  an 
embargo  on  all  ships  and  vessels  in  the  ports  and  harbours  of  the  United  States,'' and 
the  several  acts  supplementary  thereto.    (Repealed.)    Jan.  9, 1809 606 

DutioM  an  MerchandUe.  An  act  to  revive  and  oontinae  in  force,  for  a  further  time,  the  first 
section  of  the  act  entitled  ''  An  act  fhrther  to  protect  the  commerce  and  seamen  of 
the  United  Sutes  against  the  Barbaiy  powers/'    (Obsolete.)    Jan.  10, 1809 611 

Ctty  ^  Waakim^tan,    An  act  authorising  the  proprietors  of  squares  and  lots  in  the  city  of 

Washington  to  have  the  same  subdivided  and  admitted  to  record.    Jan.  12, 1809.  • .  611 

Credit  on  Revenae  Bands,  An  act  supplemental  to  an  act  entitled  "  An  act  for  extending  the 
terms  of  credit  on  revenue  bonds  in  certain  cases,  and  for  other  purposes."  (Ob- 
solete.)   Jan.  12,1809 619 

MtmHng  of  Congren.  An  act  to  alter  the  time  for  the  next  meeting  of  Congress.  (Obso- 
lete.)   Jan.  30, 1809 614 

MdUional  NawU  Force,    An  act  authorizing  the  employment  of  an  additional  naval  force. 

(Obsolete.)  Jan.  81, 1809 614 

I%e  Jfidiana  Territory  dimded  into  two  Gaoemmente,    An  act  for  dividing  the  Indiana  territory 

into  two  separate  governments.    (Obsolete.)   Feb.  8, 1809 614 

{HrenU  and  Dietriet  Comrte  of  Kentucky ^  TVinmiif,  and  Ohio,  An  act  supplementary  to  the 
act  entitled  *'An  act  to  amend  the  act  entitled  <An  act  establishing  Circuit  Courts, 


and  abridging  the  jurisdiction  of  the  District  Courts  of  the  districts  of  Kentucky, 
Tennessee, and  Ohio.'"    (Obsolete.)    Feb.4, 1809 


616 


Fartifiea^ona  on  the  Seehtoeut.  Extending  the  Canal  of  Carondttet,  An  act  making  appropria- 
tions to  complete  the  fortifications  commenced  for  the  security  of  the  seaport 
towns  and  harbours  of  the  United  States,  and  to  defray  the  expenses  of  deepening 
and  extending  to  the  river  Mississippi,  the  canal  of  Carondelet.  (Obsolete.)  Feb. 
10,1809 616 


of  Kaakatkia,    An  act  to  revive  and  continue,  for  a  further  time,  the  authority 
of  the  commissioners  of  Kaskaslda.    (Expired.)    Feb.  1 6, 1809. 617 

Cantd  in  the  City  of  Waakington,    An  act  to  incorporate  a  company  for  opening  the  canal 

in  the  City  of  Washington.    Feb.  16, 1809 617 


U8T  OF  THE  PUBUC  ACTS  OF  CONGRESS.  szr 

'  tkt  Aypoft  of  Oovtrnmeitt.  An  act  makiDg  appropriations  for  the  sopport 
of  gcnremment  during  the  year  one  thousand  eight  hondred  and  nine.  (Obso- 
kle.)     Feb.  17, 1809 680 

ffatfirmge  m  thi  Indiana  Tfrrttory,  fyc    An  act  extending  the  right  of  suffrage  in  the 
fadmna  territoiy,  and  for  other  purposes.    (Obsolete.)    Feb.  %7,  1809. 636 

^  Primhgi  to  Tkomao  Jtfftnon,    An  act  freeing  from  postage  all  letters  and  packets 
to  Thomas  Jefferson.    (Obsolete.)    Feb.28,1809 680 

LmA  im  iki  USanot^  Ttrritory  ehwud  nndtr  Spamah  QranU.  An  act  for  the  disposal  of 
certain  tracts  of  land  in  the  Mississippi  territory  claimed  under  Spanish  grants,  re- 
ported by  the  land  commissioners  as  ante-dated,  and  to  confirm  the  claims  of  Abraham 
SUis  and  Daniel  Harregal.    Feb.  88, 1809 680 

Mmkwmm  mnd  Wgandott  htdianM,    An  act  for  the  relief  of  certain  Alibama  and  Wyandott 

Indians.    Feb.  88, 1809 687 

CwMniiif  InUreomu  with  Gnat  Britain  and  Franco  inUrdieted,  An  act  to  interdict  the  com- 
mercial intercourse  between  the  United  States  and  Great  Britain  and  France,  and 
their  dependencies ;  and  for  other  purposes.    (Expired.)    March  1, 1809 688 

JkBommaodmtion  of  tht  Houtohoid  of  tho  Prttidtnt  of  tht  United  Statu*  An  act  making  provision 
for  the  further  accommodation  of  the  household  of  the  President  of  the  United 
States.     (Obsolete.)    March  8, 1809 683 

Tkmfir  Paymtndfbr  PMic  Lands  extendtd.    An  act  to  extend  the  time  for  making  payment 

for  the  public  lands  of  the  United  States.    (Obsolete.)    March  8, 1809 688 

JmdkUL  Sgatmn  of  tho  UniUdStatto,     Ap  act  further  to  amend  the  judicial  system  of  the 

United  States.    March  8, 1809 684 

W^Unkmomt  and  JUgulaHon  of  tht  Treaoury,  War,  and  Navy  Doparimonto.  An  act  further  to 
amend  the  several  acts  for  the  establishment  and  regulation  of  the  Treasury,  War, 
and  Navy  Departments.    March  8, 1809 635 

Jffrof^iaHano  for  eomplttmg  tht  CapiteL  An  act  making  a  further  appropriation  towards 
completing  the  two  wings  of  the  capitol  at  the  city  of  Washington,  and  for  other 
purposes.    (Obsolete.)    March  8, 1809 637 

CVrfir  of  Gtorgitown,    An  act  supplementary  to  the  act  entitled  "  An  act  to  amend  the 

charter  of  Georgetown."    March  8, 1809 637 

JWyflUi  Mood  from  MaamCt  Cauatway  to  JUxandria  amthorized.  An  act  to  authorize  the 
making  of  a  turnpike  road  from  Mason's  Causeway  to  Alexandria.  March  3, 
1809 639 


tf  tht  Marmt  Corpt,    An  act  authoring  an  augmentation  of  the  marine  corps. 
]Iarch3, 1809 644 

Trading Bonott  with  tht  Indiana.  An  act  supplemental  to  the  act  entitled  "An  act  for  esta- 
blishing trading  houses  with  the  Indian  tribes.*'    (Obsolete.)    March  3, 1809 644 

Jlppr^H&tioma  for  tht  Military  EataiHahmtnt.  An  act  making  appropriations  for  the  support 
of  the  military  establishment,  and  of  the  navy  of  the  United  States,  for  the  year  one 
thousand  eight  hundred  and  nine.    (Obsolete.)    March  3, 1809 646 


^2Ut0  of  tt|t  €ln)entl)  tfongrtes  of  tl)t  Kntttb  States. 

STATUTE  I.— 1809. 

Fanign  Vaaoda  aOowed  totakton  Board  Cargota  ofDomtatie  or  Foreign  Product  during  tht  Non- 
uUtreowrwt  with  Ortat  Briiain  and  France.  An  act  respecting  the  ships  or  vessels 
owned  by  citizens  or  subjects  of  foreign  nations  with  which  commercial  intercourse 
ispermitted.    (Obsolete.)    May  30, 1809 647 

Faat^kationa  of  tht  Porta  and  Harhomra  of  tht  VnUtd  Stata.  An  act  making  further  appro- 
priations to  complete  the  fortifications  commenced  for  the  security  of  the  ports  and 
narbonrs  of  the  united  States,  and  to  erect  such  fortifications  as  may  be  necessary 
tor  the  proteetion  of  the  northern  and  western  frontiers  of  the  United  States.  (Ob- 
solete.)    June  14, 1809 647 


xxvi  UST  OP  THE  PUBUC  ACTS  OF  CONGRESS. 

Jgtni  fir  the  Land-qgUt  ai  Kaakaakia,  tmd  Cmnptmatiom  of  ihi  ComrnMoiun  and  CUrk,  An 
act  aothorizing  the  appointment  of  an  agent  for  the  land-office  at  Kaskaakia,  and 
allowing  compensation  to  the  commissioners  and  clerk.  (Obsolete.)  June  16, 1600.  648 

Jpprcpriatiom  fir  carrying  into  Effect  thi  Tnaty  with  tht  Ctuduuaw  Indian$,  and  to  eatahUih  a 
Zand-offict  in  tkt  MsMt^ppi  Territory,  An  act  supplementary  to  an  act  entitled  «  An 
act  making  appropriations  for  carrying  into  effect  a  treaty  between  the  United  States 
and  the  Chickasaw  tribe  of  Indians ;  and  to  establish  a  land-office  in  the  Mississippi 
territory."    (Obsolete.)    Jane  16, 1809 648 

Jtmnt  of  Congreti  to  an  Jet  of  South  CaroHma,  An  act  to  continue  in  force  <*  An  act  declar- 
mg  the  assent  of  Congress  to  a  certain  act  of  the  State  of  South  Carolina,"  passed 
the  tweuty-iirst  of  December,  one  thousand  eight  hundred  and  four.  (Expired.) 
June  16,  1800 640 

Fixing  thi  next  Meeting  of  Congreee.  An  act  to  fix  the  time  for  the  next  meeting  of  Con- 
gress.   June  84,  1800 649 

JZMitMioii  ofPenaUiu  and  Forfeituree  inatrred  by  bri$tging  Stava  from  St.  Ikmingo,  by  Pereone 
forcibly  expelled  from  thence.  An  act  for  the  remission  of  certain  penalties  and  fo^ 
feitures,  and  for  other  purposes.    June  28, 1800 649 

Commtrcial  Jnteroonru  with  Great  Britain  and  France,  An  act  to  amend  and  continue  in  force 
certain  parts  of  the  act  entitled  «  An  act  to  interdict  the  commercial  intercourse  be- 
tween the  United  States  and  Great  Britain  and  France,  and  their  dependencies,  and 
for  other  purposes."    (Repealed.)    June  28, 1800 660 

PMie  Debt,  An  act  supplementary  to  the  act  entitled  ''An  act  making  further  provision 
for  the  support  of  public  credit,  and  for  the  redemption  of  the  public  debt*'  June 
28,  1800 ; 661 

49prvpriation  tofimh  andfwmuh  the  Senate  Chamber^  4rc.  An  act  making  an  appropriation 
to  finish  and  ftimish  the  Senate  chamber,  and  for  other  purposes.  (Obso- 
lete.)   June  28, 1800 662 

Ricrmting  Service  tutpended.    An  act  to  suspend  for  a  limited  time  the  recruiting  service. 

(Obsolete.)   June  28, 1800 662 

Franking  Prvoiiege  to  Thomae  Jeffereon,    An  act  freeing  from  postage  all  letters  and  packets 

from  Thomas  Jefferson.    (Obsolete.)    June  28, 1800 662 

Contingent  Expeneea  of  the  Senate  and  Houee  of  Repreaentativee,  An  act  making  appropriations 
for  defraying  the  expense  of  stationery,  printing,  and  all  other  contingent  expensei 
of  the  Senate  and  House  of  Representatives,  during  the  present  session  of  Con- 
gress.   (Obsolete.)    June  28,  1800 662 

jiUowancei  paid  to  Ownere  and  Crewe  ofFieking  VeeuU,  An  act  authorizing  the  accounting 
officers  of  the  Treasury  Department  to  give  credit  to  certain  collectors  of  the  customs 
for  allowances  paid  by  them  to  the  owners  and  crews  of  fishing  vessels.  June  28, 
1800 662 

Naval  EttabHeknMnt,    An  act  concerning  the  naval  establishment    (Obsolete.)    June  28, 

1800 668 


STATUTE  U.— 1809, 1810. 

Traneporiation  of  certain  Docwmente  free  of  Pottage,    An  act  to  authorize  the  transportation  of 

certain  documents  free  of  postage.    (Obsolete.)    DecO,  1800 664 

Extention  of  the  Right  of  Silage  in  the  htdiana  Territory,  An  act  supplemental  to  an  act 
entitled  **  An  act  extending  the  right  of  suffrage  in  the  Indiana  territory,  and  for 
other  purposes."    Dec  16, 1800 664 

Military  Land  Warranti.    An  act  extending  the  time  for  issuing  and  locating  military  land 

warrants.    (Obsolete.)    Dec  19,  1800 666 

Dutiu  on  Merchandiee,  An  act  to  revive  and  continue  in  force,  for  a  Airther  time,  the  first 
section  of  the  act  entitled  "An  act  further  to  protect  the  commerce  and  seamen  of 
the  United  States  against  the  Barbary  powers."    (Obsolete.)    Jan.  12, 1810 666 

Cumberland  Road.  An  act  in  addition  to  the  "Act  to  regulate  the  laying  out  and  making 
a  it>ad  from  Ciunberland,  in  the  State  of  Maryland,  to  the  State  of  Ohio."  Feb.  14 
i8io 0M 


U8T  OF  THE  PUBUC  ACTS  OF  CONGRESS.  wtni 

PfMk  LamdB.  Ad  act  to  prescribe  the  mode  in  which  application  shall  be  made  for  the 
parchase  of  land  at  the  several  land-offices,  and  for  the  relief  of  Joab  Garret. 
(Obsolete.)    Feb.  24, 1810 666 

B^tgttsjrom  Canada  amd  Nova  ScoHa,  An  act  further  to  provide  for  the  refugees  from 
the  British  provinces  of  Canada  and  Nova  Scotia,  and  for  other  purposes.  Feb.  S4, 
1810 566 

Jppnpriaiiotu  for  th*  Support  of  Government  m  1810.  An  act  making  appropriations  for  the 
•npport  of  government  during  the  year  one  thousand  eight  hundred  and  ten.  (Ob- 
solete.)   Feb.  S6, 1810 567 

j^pfnprialioHt  for  the  Support  of  the  Navy  in  1810.  An  act  making  appropriations  for  the 
support  of  the  navy  of  the  United  States,  for  the  year  one  thousand  efght  hundf^ed 
and  ten.    (Obsolete.)    March  8,  1810 563 

JppropriatUme  for  the  Support  of  the  MilUary  Ettaf>Hihmewt  in  1810.  An  act  making  appro- 
priations for  the  support  of  the  mi&tary  establishment  of  the  United  States,  for  the 
year  one  thousand  eight  hundred  and  ten.    (Obsolete.)    March  3, 1810 668 

JdHtiomal  Judge  in  the  BBenseippi  Territory,  and  Right  of  Storage  there.  An  act  for  the  ap- 
pointment of  an  additional  judge,  and  extending  the  right  of  suffrage  to  the  citizens 
of  Madison  county,  in  the  Mississippi  territory.    (Obsolete.)    March  3, 1810. 563 

Third  Ceneua  of  the  InheUntants  of  the  United  Statee,    An  act  providing  for  the  third  Census  or 

enumeration  of  the  Inhabitants  of  the  United  States.    (Obsolete.)    March  36, 1810.  564 

Digtrid  Court  in  Ohio,    An  act  for  altering  the  time  for  holding  the  District  Court  in  Ohio. 

March  36, 1810. 568 

Sea  Ldteru    An  act  to  prevent  the  issuing  of  sea  letters  except  to  certain  vessels.    March 

36,  1810 668 

Terptio  or  Subwuxrine  £zp2onoii.    An  act  making  an  appropriation  for  the  purpose  of  trying 

the  practical  use  of  the  torpedo  or  submarine  explosion.  (Obsolete.)  March  80, 1810.  660 

PMk  Road  in  the  Dietriet  of  Columbia,    An  act  to  make  public  a  road  in  Washington 

county,  in  the  District  of  Columbia.    March  30, 1810 569 

Thkd  Centue  of  the  Inhabitante  of  the  United  States.  An  act  to  alter  and  amend  an  act  en- 
titled "An  act  providing  for  the  third  census  or  enumeration  of  the  inhabitants  of 
the  United  States,"  passed  the  twenty-sixth  day  of  March,  one  thousand  eight  hun- 
dred and  ten.    April  13,  1810 ..< 570 

Tunpike  Roade  in  the  Dietriet  of  Columbia,     An  act  to  incorporate  a  company  for  making 

certain  turnpike  roads  in  the  District  of  Columbia.    April  30,  1810 670 

Tun^iiee  Company  in  the  County  of  JUxandria,  Dietriet  of  Columbia,  An  act  to  amend  an 
•et  entitled  «  An  act  for  the  establishment  of  a  turnpike  company  in  the  county  of 
Alexandria,  in  the  District  of  Columbia."    April  35, 1810« 677 

Drawbadt  on  Goodefrom  Newport  to  Botton  and  Boeton  to  Newport,  An  act  to  allow  the  bene- 
fit of  drawback  on  merchandise  transported  by  land  conveyance  from  Newport  to 
Boston,  and  from  Boston  to  Newport,  in  like  manner  as  if  the  same  were  trans- 
ported coastwise.    April  35, 1810 678 

Poet  Roads,    An  act  to  establish  post  roads.    (Repealed.)    April  38, 1810 570 

Furgima  Mihtary  Land  Warrants,  An  act  to  extend  the  time  for  locating  Virginia  military 
land  warrants,  and  for  returning  the  surveys  thereon  to  the  Secretary  of  U^e  Depart- 
mentofWar.    (Obsolete.)    March  16, 1810 % 580 

Printietg  and  distributing  the  Laws  relating  to  the  PubUe  Lands,    An  act  providing  for  the 
printing  and  distributing  of  such  laws  of  the  United  States  as  respect  the  public 
nds.    (Obsolete.)    April  37, 1810 589 


prio 
kod 


of  the  General  Post-offiee  and  the  Patent-office,  An  act  providing  for  the  better 
accommodation  of  the  General  Post-office  and  Patent-office,  and  for  other  purposes. 
April  38,  1810 569 

W(  ofeertain  Lands  in  the  Indiana  Territory,    An  act  providing  for  the  sale  of  certain  lands 

in  the  Indiana  territory,  and  for  other  purposes.    April  80, 1810 500 

Edending  the  Titne  of  making  Payment  for  the  Public  Lands  m  certain  Cases,    An  act  to  ex- 
tend the  time  for  making  payment  for  the  public  lands  of  the  United  States  in  certain 

(Obsolete.)    April  30,  1810 501 


Po^l<fut,    An  act  regulating  the  post-office  establishment.    (Repealed.)    April  80, 1810. .  693 


xxYiii  UST  OP  THE  PUBUC  ACTS  OF  CONGRESS. 

T%ird  CmuuB  ofthi  MabUantM  ofiht  Vmttd  StaUi,  Ao  act  fbrther  to  alter  and  amend  **An 
act  providing  for  the  third  census  or  enameration  of  the  inhabitants  of  the  United 
States."    (Obsolete.)    May  1,1810 606 

Cmnmereial  InUrcourm  wUh  Ortai  Britain  and  Framee.  An  act  concerning  the  commercial 
interconrse  between  the  United  States  and  Great  Britain  and  France,  and  their  de- 
pendencies, and  for  other  purposes.    May  1, 1810 606 

Cotfflrmation  of  thi  Dteinom  of  thi  Commutwnert  m  Favomr  of  CZouiuMite  to  PMie  Lands  m 
Katha&ku  An  act  confirming  the  decisions  of  the  commissioners  in  favour  of  the 
claimants  of  land  in  the  district  of  Kaskaskia.    (Obsolete.)    May  1, 1810 607 

J^propriaiiontfir  eompUtmg  tht  Capilol,  tfc.  An  act  making  further  appropriations  for  com- 
pleting the  capitol,  and  for  other  purposes.    (Obsolete.)    May  1, 1810 607 

JtppropriatumM  for  emrryimg  into  Effect  certotn  Indian  TWo/ut.    An  act  making  appropria- 

tions  for  carrying  into  effect  certain  Indian  treaties.    (Obsolete.)    May  1, 1810. . . .  607 

CoHiptnaatinn  to  PubUe  Mimiters  and  Conndi  on  tJu  Coaat  ofBarbary,  tfc.  An  act  fixing  the  com- 
pensation of  public  ministers,  and  of  consuls  residing  on  the  coast  of  Barbary,  and 
for  other  purposes.    May  1, 1810 606 

Jhdharixing  a  Loan,  An  act  authorizing  a  loan  of  money,  for  a  sum  not  exceeding  the 
amount  of  the  principal  of  the  public-  debt,  reimbursable  during  the  year  one  thou- 
sand eight  hundred  and  ten.    (Obsolete.)    May  1, 1810 610 

Xif  AtAoMM,  Aocon,  Buoya,  {re.  An  act  to  erect  a  lighthouse  at  the  entrance  of  Scituate  har- 
bour, a  stone  column  on  a  spit  of  sand  at  the  entrance  into  Boston  harbour,  and  a 
beacon  on  Beach  Point,  near  Plymouth  harbour,  in  the  State  of  Massachusetu ;  a 
light  at  the  entrance  of  Bayou  St  John  into  Lake  Ponchartrain,  and  two  lights  on 
Lake  Erie,  and  finr  beacons  and  buoys  near  the  entrance  of  Beverly  harbour. 
May  1,1810 611 

Liirwry,    An  act  in  addition  to  an  act  entitled  "  An  act  eoneeming  the  library  for  the  use 

of  both  houses  of  Congress."    May  1, 1810 61S 

RESOLUTIONS. 

1.  Ceniore  of  the  conduct  of  F.  J.  Jackson,  minister  plenipotentiary  firom  Great  Britain. .  616 
S.  Proposing  an  amendment  to  the  Constitution  of  the  United  States 616 

STATUTE  m.— 1810,  1811. 

IVamaportatian  of  certain  DoeummtM  free  of  Pottagt,    An  act  to  authorize  the  transportation 

of  certain  documents  free  of  postage.    (Obsolete.)    Dec  17, 1810 614 

Jppropriationfbr  the  BtUefand  Protection  ofdietreemd  jiwurican  Seamen,  An  act  making  an 
additional  appropriation  to  supply  a  deficiency  in  the  appropriation  for  the  relief 
and  protection  of  distressed  American  seamen,  during  the  year  one  thousand  eight 
hundred  and  ten.    (Obsolete.)    Jan.  7, 1811 614 

Jkttitt  on  Merdmmdm.  An  act  to  continue  in  force,  for  a  ftirther  time,  the  first  section  of 
the  act  entitled  **  An  act  further  to  protect  the  commerce  and  seamen  of  the  United 
States  against  the  Barbary  powers.^    (Expired.)    Jan.  7, 1811 614 

Cuwytmofum  of  the  AeaiUanIt  Pottnuuter-GtntraL  An  act  to  fix  the  compensation  of  the  ad- 
ditional assistant  postmaster-general.    Jan.  17, 1811 616 

Jidjue^tmmt  of  the  eadLervar  Line  of  the  PubHc  Land  at  Wett  Paint,  An  act  to  authorize  the  Se- 
cretary at  War  to  ascertain  and  settle,  by  the  appointment  of  commissioners,  the 
exterior  line  of  the  public  land  at  West  Point,  with  the  adjoining  proprietor.  (Ob- 
solete.)   Jan.22, 1811 616 

j^ppropritttionefir  the  MUitiuy  EetabKehment  for  1811.  An  act  making  appropriations  for  the 
support  of  the  military  establishment  of  the  United  States,  for  the  year  one  thou- 
sand eight  hundred  and  eleven.    (Obsolete.)    Feb.  6, 1811 616 

Jppropriationefor  the  Support  of  the  Aovy  frr  1811.  An  act  making  appropriations  for  the 
support  of  the  navy  of  the  United  States  for  the  year  one  thousand  eight  hundred 
and  eleven.    (Obsolete.)    Feb.  67, 1811 616 

Ceenpeneaiion  to  the  Coniul^  John  Eugene  Leitenedorfer,  fir  Serviete  in  the  War  with  Tr^^  An 
act  making  compensation  to  John  Eugene  Leitensdorfer,  for  services  rendered  the 
United  States  in  the  war  with  Tripoli.    (Obsolete.)    Feb.  18, 181 1 617 


LIST  OF  TH£  PUBLIC  ACTS  OF  OONORE8S.  taix 

Ltmd  Chhm  mmd  8ak  of  PubKe  Lands  in  the  TerritorieB  of  Orleam  and  Lomsiana.  An  act  pro* 
Tiding  for  the  final  adjastment  of  claims  to  lands,  and  for  the  sale  of  the  poblie 
laoda  in  the  territories  of  Orleans  and  Louisiana.    (Repealed.)     Feb.  1ft,  1811 617 

Bamk  of  Mtxandria,    An  aet  concerning  the  Bank  of  Alexandria.  (Expired.)   Feb.  10, 1811.  0S1 

Bmmk  of  Wukingtmu    An  act  to  incorporate  the  Bank  of  Washington.   (Expired.)   Feb.  16, 

1811 * 6S6 

Wanmnf  Bmmk  of  JUxttndria.    An  act  to  incorporate  the  subscribers  to  the  Farmera*  Bank 

of  Alexandria.    Feb.  10, 1811 639 

Bmmk  of  Potomac     An  act  to  incorporate  the  Bank  of  Potomac    Feb.  16, 1811 683 

UmmBamkofGeorgtiown»    An  act  to  incorporate  the  Union  Bank  of  Georgetown.    Feb. 

18,1811 686 

Ditlribmtim  ofnuh  Lawoofth*  United  Statu  a»  respict  the  PubUe  Lands,  An  act  making  a 
further  distribution  of  such  laws  of  the  United  States  as  respect  the  public  lands. 
Feb.  18,1811 641 

The  People  of  the  Ttrrilory  of  Orleant  amtkoriud  to  firm  a  State  Oooemmeni,  and  admitted  into  the 
Union.  An  act  to  enable  the  people  of  tne  territory  of  Orleans  to  form  a  constitu- 
tion and  state  goTernment,  and  for  the  admission  of  such  state  into  the  Union  on  an 
equal  footing  with  the  original  states,  and  for  other  purposes.    Feb.  30,  1811 641 

Jfpeopriationo  for  the  Support  of  Gooernmtnt  for  181 1.  An  act  making  appropriations  for  the 
aupport  of  government  for  the  year  one  thousand  eight  hundred  and  eleven.  (Ob^ 
solete.)    Feb.  80, 1811 643 

Georg^iomn  and  Potomac  Bridge  Company.    An  act  to  enable  the  Georgetown  and  Potomac 

Bridge  Company  to  levy  money  for  the  object  of  its  incorporation.     Feb.  82, 1811.  648 

Sale  of  Land  in  the  State  of  Tenneteee^  and  in  the  Indiana  Territory.  An  act  providing  for  the 
sale  of  a  tract  of  land  lying  in  the  State  of  Tennessee,  and  a  tract  in  the  Indiana 
territory.    (Obsolete.)    Feb.  8ft,  1811 648 

Lrnndffieee  at  Naahvitte  and  Canton,  and  Sale  of  Public  Lands  east  of  Pearl  River.    An  act 

?roviding  for  (he  removal  of  the  land-office  established  at  Nashville,  in  the  State  of 
'ennessee,  and  Canton  in  the  State  of  Ohio ;  and  to  authorize  the  register  and  re- 
ceiver of  public  moneys  to  superintend  the  public  sales  of  land  in  the  district  east 
of  Peaririver.    (Obsolete.)    Feb.8ft,  1811 649 

Nawjf  Bofyitais.    An  act  establishing  navy  hospitals.    Feb.  26, 181 1 6ft0 

GMfMlff  and  Vice-consuls^  and  Protection  of  Amtrican  Seamen.  An  act  in  addition  to  the  act  en- 
titled "  An  aet  supplementary  to  the  act  concerning  consuls  and  vice^onsuls,*'  and 
for  the  further  protection  of  American  seamen.    Feb.  28,  1811 6ftl 

Commercial  Interamrse  with  Great  Britain  and  France.  An  act  supplementary  to  the  act  en- 
titled "  An  act  concerning  the  commercial  intercourse  between  the  United  States 
and  Great  Briuin  and  France,  and  their  dependencies,  and  for  other  purposes.'* 
(Repealed.)    March  8, 1811 6ftl 

Trading  Houses  with  the  Indian  Tribes.  An  act  for  establishing  trading  houses  with  the  In- 
dian tribes.    (Repealed.)    March  3, 1811 6AS 

CoBeetion  DistricU  of  Mwmphreymagog,  Oswegatchie,  and  While  Mountains.  An  act  to  establish 
the  districts  of  Mumphreymagog,  of  Oswegatchie,  and  of  the  White  Mountains. 
March  3,  1811 6ft5 

Pmklie  Loans.    An  act  authorizing  a  loan  of  money  for  a  sum  not  exceeding  five  millions 

of  dollars.    (Obsolete.)    March  2,  1811 6ft6 

CoBeetion  Districts  of  New  Jersey,  Lewistown,  Cape  St.  Uncent,  Miami,  and  Mississippi.  An  act 
lo  annex  a  part  of  the  State  of  New  Jersey  to  the  collection  district  of  New  York; 
to  remove  the  office  of  collector  of  Niagara  to  Lewistown  ;  to  make  Cape  St.  Vin- 
cent, in  the  district  of  8acket*s  Harbour,  a  port  of  delivery ;  and  out  of  the  districts 
of  Miami  and  Mississippi  to  make  two  new  districts,  to  be  called  the  districts  of 
Sandasky  and  Teche,  and  for  other  purposes.    March  3, 181 1 667 

T%vd  Census  of  the  Inhahilants  of  the  United  States.  An  act  to  extend  the  time  for  completing 
the  third  census  or  enumeration  of  the  inhabitants  of  the  United  States.  (Obsolete.) 
March  3, 1811 668 

Ooeusnt  of  Congress  to  an  act  of  the  State  of  Georgia,  relative  to  Fees  of  ffarb&ur  and  Health  OgU 
cers  at  Saoannah  and  St.  Mary's.  An  act  declaring  the  consent  of  Congress  to  au  aet 
of  the  State  of  Georgia,  passed  the  twelfth  of  December,  one  thousand  eight  hun- 
dred and  four,  "establishing  the  fees  of  the  harbour  master  and  health  officer  of  the 

ports  of  Savannah  and  St.  Mary's."    MarchS,  1811 668 

Vol.  II.— (5)  n 


XXX  LIST  OP  THE  PUBUC  ACTS  OP  CONGRESa 

Light4umM  on  Boon  Island,  Puoy*  off  Cape  Fear  Eivir,  Beacon  at  New  InUt,  Buoys  at  EJgarfomn, 
Cobmm  on  Cape  Elizabeth,  tearons  and  Buoys  at  Beverly  Harbour,  An  act  to  erect  a 
liffht-^ioase  on  Boon  island  in  the  State  of  Massachusetts,  to  place  buoys  off  Cape 
Fear  river,  and  to  erect  a  beacon  at  New  Inlet,  in  the  State  of  North  Carolina,  and 
to  place  buoys  at  the  entrance  of  the  harbour  of  Edgartown,  and  to  erect  a  column 
of  stone  on  Cape  Elizabeth,  and  to  complete  the  beacons  and  baoys  at  the  entrance 
of  Beverly  harbour,  in  the  8tate  of  Massachusetts.    March  2,  181 1 669 

Bight  of  Suffrage  extended  tn  the  Indiana  Territory,  fyc.    An  act  to  extend  the  right  of  suffrage 

in  the  Indiana  territory,  and  for  other  purposes.    (Obsolete.)    March  3,  1811 659 

Salaria  of  the  Judges  of  the  Circuit  Court  of  the  District  of  Columbia,  An  act  to  increase  the 
salaries  of  the  judges  of  the  Circuit  Court  of  the  District  of  Columbia.  March  3, 
1811 660 

Jppropriations  to  carry  Indian  Treatia  into  Effect.  An  act  making  appropriations  for  carry- 
ing into  effect  a  treaty  between  the  United  States  and  the  Great  and  Little  Osage 
Nations  of  Indians,  concluded  at  Fon  Clarke,  on  the  tenth  day  of  November,  one 
thousand  eight  hundred  and  eight,  and  for  other  purposes.  (Obsolete.)  March  3, 
1811 660 

Jppropriations  for  Fortifications,  An  act  making  further  appropriations  to  complete  the 
fortifications  commenced  for  the  security  of  the  ports  and  harbours  of  the  United 
States.    (Obsolete.)    March  3,  1811 661 

Compensation  to  Persons  who  have  taken  an  jiccount  of  the  Manufacturing  Establishments  in  the 
United  States,  An  act  for  allowing  a  reasonable  compensation  to  the  persons  who 
have  taken  an  account  of  the  several  manufacturing  establishments  and  manufac- 
tures within  the  United  States.    March  8,  1811 661 

Cumberland  Road.  An  act  in  addition  to  the  act  to  regulate  the  laying  out  and  making  a 
road  from  Cumberland,  in  the  State  of  Maryland,  to  the  State  of  Ohio.  (Obsolete.) 
March  3,  1811 6<n 

Adjustment  of  Claims  to  Lands,  and  Sale  of  Lands  in  the  Territories  of  Orleans  and  Louisiana, 
An  act  providing  for  the  final  adjustment  of  claims  to  lands,  and  for  the  sale  of  the 
public  lands  in  the  territories  of  Orleans  and  Louisiana,  and  to  repeal  the  act  passed 
for  the  same  purpose  and  approved  February  sixteenth,  one  thousand  eight  hundred 
and  eleven.    March  3, 1811. 66^ 


;3lct8  of  ti)e  (tnitiftl)  €on%xtBB  of  tl)e  Umttb  UtaltB. 

STATUTE  L— 1811, 1812. 

Transportation  of  certain  Documents  free  of  Pottage.    An  act  to  authorize  the  transportation 

of  certain  documents  free  of  postage.    (Obsolete.)    Nov.  18,  1811 667 

Dittriet  Court  in  the  District  of  Maine.    An  act  to  alter  the  time  of  holding  one  of  the  terms 

of  the  District  Court  in  the  district  of  Maine.    Nov.  28,  181 1 667 

Appropriation  for  the  Support  of  a  Library.    An  act  making  a  further  appropriation  for  the 

support  of  a  library.    (Obsolete.)    Dec.  6,  1811 667 

Land-offices  in  the  Territory  of  Orleans.    An  act  extending  the  time  for  opening  the  several 

land-offices  established  in  the  territory  of  Orleans.    (Obsolete.)    Dec.  12,  1811.. ..  668 

Public  Lands  held  by  Bight  of  Pre-emption.  An  act  allowing  further  time  for  completing  the 
payments  on  certain  lands  held  by  right  of  pre-emption,  in  the  Mississippi  territory. 
(Obsolete.)     Dec.  12,1811 668 

Boads  in  Ohio.  An  act  to  authorize  the  surveying  and  marking  of  certain  roads  in  the  State 
of  Ohio,  as  contemplated  by  the  treaty  of  Brownstown,  in  the  territory  of  Michigan. 
(Obsolete.)    Dec.  12,  1811 668 

jSpportionment  of  Representatives  in  Congress  under  the  Third  Census.  An  act  fur  the  apportion- 
ment of  Representatives  among  the  several  states,  according  to  the  third  enumera- 
tion.    (Obsolete.)     Dec  21,  1811 669 

Military  Establishment,    An  act  for  completing  the  existing  military  establishment.    (Ob« 

solele.)    Dec.  24,  1811 669 

Companies  of  Rangers  to  be  raised.  An  act  authorizing  the  President  of  the  United  States  to 
raise  certain  companies  of  rangers  for  the  protection  of  the  frontier  of  the  United 
States.    (Obsolete)    Jan.  2,  1812 670 


LIST  OP  THE  PUBLIC  ACTS  OP  CONGRESS.  xxxi 

Fwbik  Road  in  Ike  State  of  Ohio,  An  act  to  aathorize  the  laying  out  and  opening  a  public 
road  from  the  line  established  by  the  treaty  of  OrenvUle,  to  the  North  Bend  in  the 
Suteof  Ohio.    (Obsolete.)    Jan.  8,  1813 070 

Jiiiliamal  JfiKlary  Force.    An  act  to  raise  an  additional  military  force.    Jan.  11»  1812 071 

PmbUe  Lands,  Sale  of  Landi  wkirh  thall  revert  to  the  United  Sfatee  for  Failure  in  PaymerU.  An 
act  directing  the  terms  on  which  lands  sold  at  public  sale,  and  that  revert  for  failure 
in  payment,  shall  again  be  sold.    Jan.  14»  1812 074 

Orinanee  and  Ordnance  Stores,  ^c.  An  act  authorizing  the  purchase  of  ordnance  and  ordnance 
stores,  camp  equipage,  and  other  quartermaster's  stores  and  small  arms.  (Obso- 
lete.)   Jan.  14,  1812 874 

Dittria  ComU  for  the  Distritt  of  North  Carolina,    An  act  to  alter  the  time  of  holding  the 

District  Courts  of  the  United  States  for  the  North  Carolina  district.    Jan.  23,  1812.  676 

JhtHtM  on  Merchandise,  An  act  to  continue  in  force,  for  a  further  time,  the  first  section  of 
the  act  entitled  "An  act  further  to  protect  the  commerce  and  seamen  of  the  United 
States  against  the  Barbary  powers.'^    (Expired.)    Jan.  3 1 , 1 8 1 2 676 

JXtbrict  Conrts  in  the  District  of  Connecticut,    An  act  to  alter  the  times  of  holding  the  District 

Courts  within  and  for  the  district  of  Connecticut    Feb.  6,  1812 670 

VeHmUer  WtUary  Carps,    An  act  authorizing  the  President  of  the  United  States  to  accept 

and  organize  certain  volunteer  military  corps.     (Obsolete.)    Feb.  6,  1812. 670 

AiMc  Lands  in  the  District  of  Kaskaskia,  An  act  for  the  revision  of  former  confirmations, 
and  for  confirming  certain  claims  to  land  in  the  district  of  Kaskaskia.  (Obsolete.) 
Feb.  20,  1812 677 

MmUod  Rangers,  An  act  making  an  appropriation  for  the  expenses  incident  to  the  six 
companies  of  mounted  rangers,  during  the  year  one  thousand  eight  hundred  and 
twelve.    (Obsolete.)     Feb.  20,  1812 678 

Land  reseroedfor  Jefferson  College  in  the  Jliissisgippi  Territory,  An  act  authorizing  the  Secre- 
tary of  the  Treasury  to  locate  the  lands  reserved  for  the  use  of  Jefiferson  College  in 
the  Mississippi  territory.    (Obsolete.)    Feb.  20, 1812 670 

J^UawitM  and  BaU  in  Cvril  Cases.    An  act  for  the  more  convenient  taking  of  afiidavits  and 

bail  in  civil  causes  depending  in  the  courts  of  the  United  States.    Feb.  20,  1812. . .  670 

J^^prspriations  for  the  MiKtary  Establishment,  An  act  making  appropriations  for  the  support 
of  the  military  establishment  of  the  United  States,  for  the  year  one  thousand  eight 
hundred  and  twelve.     (Obsolete.)    Feb.  21,  1812 682 

Idtftfwiial  MilUary  Force,    An  act  making  appropriations  for  the  support  of  an  additional 

military  force.    (Obsolete.)    Feb.  21,  1812 683 

FaUie  Lands,  Land  District  in  the  Illinois  Territory,  An  act  to  establish  a  land  district  in 
the  Illinois  territory,  east  of  the  district  of  Kaskaskia,  and  to  attach  certain  public 
lands  to  the  district  of  Jefiersonville.    Feb.  21, 1812 684 

Jppropriationsfor  the  Support  of  the  Navy.  An  act  making  appropriations  for  the  support  of 
the  navy  of  the  United  States,  for  the  year  one  thousand  eight  hundred  and  twelve. 
(Obsolete.)    Feb.  24,  1812 684 

MSl^onal  MKiary  Force,  An  act  supplementary  to  "  An  act  to  raise,  for  a  limited  time, 
an  additional  military  force,"  passed  on  the  twelfth  day  of  April,  one  thousand  eight 
hundred  and  eight    (Obsolete.)    Feb.  24,  1812 686 

lions  for  the  Support  of  Gooemntent  for  1812.  An  act  making  appropriations  for  the 
support  of  government  for  the  year  one  thousand  eight  hundred  and  twelve.  (Ob- 
solete.)   Feb.  26,  1812 686 

Jbdherily  to  purchase  the  Patent  Right  of  Winslow  Lewis  for  a  method  of  lighting  Light-houus, 
An  act  to  authorize  the  Secretary  of  the  Treasury,  under  the  direction  of  the  Presi- 
dent of  the  United  States,  to  purchase  of  Winslow  Lewis  his  patent  right  to  the  new 
and  improved  method  of  lighting  light-houses,  and  for  other  purposes.  March  2, 
1812 601 


of  the  General  Post-cffice  and  the  Patent-c^fice,  An  act  supplementary  to  ''An 
•et  providing  for  the  accommodation  of  the  General  Post-office  and  Patent-office,  and 
for  other  purposes."    (Obsolete.)    March?,  1812 601 

Mdiefoftks  Board  of  Commissioners  toest  of  Pearl  Rioer,    An  act  for  the  relief  of  the  board 

of  commissioners  west  of  Pearl  river.     (Obsolete.)    March  10,  1812 602 

D^enes  of  the  Maritime  Frontier,     An  act  making  a  further  appropriation  for  the  defence 

of  our  maritime  frontier.    (Obsolete.)    March  10, 1812 603 


LIST  OF  THB  PUBLIC  ACTS  OF  O.ONGRS88. 

Am 
JR$guiiriing  of  Claim  to  Land  m  tkt  Wtiiern  XHitriei  pftk$  Territory  of  OrUant,    Ad  act  givbg 
Carthcr  tim^  for  registering  claims  to  land  in  the  western  oistrict  of  the  territory  of 
Orleans.    March  10,  18U , , 693 

Ck€wU  Contra  at  KnoxvilU  in  Tmawf*  An  act  to  alter  the  time  of  holding  the  Circa  it  Courts 
of  the  United  States  at  Knoxville,  in  the  district  of  East  Tennessee,  in  the  Bute  of 
Tenneesee.    March  10, 1812 ; 693 

MaroUiitg  aad  LietHimg  of  SUamboati,    An  act  respecting  the  enrolling  ind  licensing  of 

steamboats.    March  12,1812 , 694 

Loan  ofEUom  MHHomM  of  JkMan,  An  act  authorising  a  loan  for  a  sum  not  exceeding  eleven 

millions  of  dollars.    (Obsolete,)    March  14,  1812 694 

MOtmal  MiKlary  Force.    An  act  supplementary  to  **  An  act  to  raise  an  additional  military 

force."    March  17,1812 696 

Btpet^  of  the  Tenth  Section  of  the  Jet  to  incorporate  the  Bank  of  the  United  Statu,  reUUmg  to  Loane 
te  the  United  Stata.  An  act  repealing  the  tenth  section  of  the  act  to  incorporate  the 
snbscribers  to  the  Bank  of  the  United  States.    (Obsolete.)    March  19, 1812. 696 

Ciremi  Conrtt  i»  the  Fvrtt  Dittriet.    An  act  to  alter  the  times  of  holding  the  Circuit  Courts 

of  the  first  district     March  26,  1812 696 

ji  Qnartemuuter^B  Department  eetabhahed,  ^c.    An  act  to  establish  a  quartermaster's  depart- 

ment,  and  for  other  purposes.    March  28,  1812 696 

Naval  M&takH^hment.    An  act  concerning  the  naval  establishment    March  80, 1812 699 

Qrant  of  the  Uee  of  a  Lot  in  New  OrUane  to  the  Corporation  of  the  City,  An  act  granting  to 
the  corporation  of  the  city  of  New  Orleans  the  use  and  possession  of  a  lot  in  the 
said  city.    April  9,  1812 , 700 

Jn  Embargo  laid  on  aU  Shipe  and  VesteU  in  the  Ports  and  Harbonrt  of  the  United  Statee,  An  act 
laying  an  embargo  on  all  ships  and  vessels  in  the  ports  and  harbours  of  the  United 
States  for  a  limited  time.    (Expired.)    April  4, 1812. 700 

JdmiMtion  of  Lomtiana  into  the  Union.  An  act  for  the  admission  of  the  State  of  Louisiana 
into  the  Union,  and  to  extend  the  laws  of  the  United  Slates  to  the  said  state.  April 
8,1812. »....  701 

Jdditional  Military  Force.  An  act  in  addition  to  the  act  entitled  "  An  act  to  raise  an  addi- 
tional military  force,"  passed  January  the  eleventh,  one  thousand  eight  hundred  and 
twelve.    April  8, 1812 704 

Pmtiont,    An  act  for  the  relief  of  the  officers  and  soldiers  who  served  in  the  late  campaign 

on  the  Wabash.    April  10,1812. 704 

Jl  Detachment  of  the  Militia  authorized.    An  act  to  authorize  a  detachment  from  the  militia 

of  the  United  States.    April  10,1812 706 

Escort  of  Specie^  Goode,  Waree^  and  Merchandiee  prohibited.  An  act  to  prohibit  the  exporta- 
tion of  specie,  goods,  wares,  and  merchandise  for  a  limited  time.    April  14, 1812. .  707 

Lmnts  of  the  State  of  Lomtiana  enlarged.    An  act  to  enlarge  the  limits  of  the  State  of  lK)ui- 

siana.    April  14, 1812 708 

HegitteriBg  of  Land  Claims  in  the  Eastern  District  of  the  Territory  of  Orleans.  An  act  giv- 
ing further  time  for  registering  claims  to  land  in  the  eastern  district  of  the  territory 
of  Orleans.    April  14. 1812 709 

Corps  ofJrtifietrs.    An  act  iot  the  organization  of  a  corps  of  artificers.    (Obsolete.) 

April  23,  V812..., 710 

PMic  Lands  in  the  District  of  Detroit,  fyc.  An  act  to  authorize  the  granting  of  patents  for 
land  according  to  the  surveys  that  have  been  made ;  and  to  grant  Donation  Rights 
to  oeruin  claimants  of  land  in  the  district  of  Detroit  and  for  other  purposes.  April 
23,  1812. 710 

Claims  to  Land  by  the  Refugees  from  the  British  Prooinees  of  Canada  and  Nova  Scotia.  An  act 
making  provision  for  certain  persons  claiming  lands  under  the  several  acts  for  the 
relief  of  the  refugees  from  the  British  provinces  of  Canada  and  Nova  Scotia.  April 
23,1812 712 

fnrduuers  of  PubHc  Lands  northwest  of  the  River  Ohio  allowed  furth^  Time  to  complete  their  Pay- 
ments.  An  act  giving  further  time  to  the  purchasers  of  public  lands,  northwest  of 
the  river  Ohio,  to  complete  their  payments.    April  28,  1812 712 

Salaries  of  the  Officers  of  Government.  An  act  to  continue  in  force,  for  a  limited  time,  an  act 
entitled  "  An  act  continuing  for  a  limited  time  the  salaries  of  the  ofiicers  of  govern- 
mtnt  therein  mentioned.*'    April24,l8l2 713 


LIST  OF  THE  PUBUC  ACTS  OF  CONGRESS.  xadn 

PMk  £— ih  tn  LomMmma  wd  ^tki  WMtimfpi  €mi  JdandofNew  OrUoiu.  An  act  for  aseer- 
laiiiiii^i  the  titles  and  claims  to  lands  in  that  part  of  Looisiana  which  lies  east 
of  the  river  Mississippi  and  island  of  New  Orleans.    (Obsolete.)    April  35, 18 IS..  718 


of  a  GcMTol  Lcind-otift.    An  act  for  the  establishment  of  a  general  land-office 

in  the  Department  of  the  Treasury.    April  26, 181S 716 

An  act  to  rtvive  and  eontinae  in  foree  «'An  act  to  proride  for  persons  who 
were  disabled  by  known  wonnds  received  in  the  rerolntionary  war,"  and  for  other 
purposes.    April  S6, 1813. 718 

AaUmixmg  tkt  Dipmrtmn  afSkipt  mmd  VmeU  fimm  tht  Porta  mid  Harhomn  of  the  UmUd  SiaUt, 
m  €trtmm  Cmtta.  An  act  anthorixing  the  departure  of  ships  and  vessels  from  the 
ports  and  harboors  of  the  United  Stales,  in  certain  cases.  (Obsolete.)  April  37, 1818.  710 

Jbi  ttHiiianal  J^dgt  to  U  opf^omied  in  thg  Diatriet  of  Nno  York*  An  act  authorizing  the  ap- 
pointment of  an  additional  jndge  of  the  District  Court,  for  the  district  of  New  Tork. 
April  39,  1813 718 

CorfB  hf  EmgUmra,    An  act  making  Anrther  provision  lor   the  corps  of  engineers:    April 

39,1813. 730 

Aini*ifiif  of  tks  Ckawior  of  the  City  of  Waahrngtom*    An  act  fbrther  to  amend  the  charter  of 

the  ciqr  of  Washington.    May  4, 1813 731 

Jm  Ad  ofiki  Xcgiflsftm  ofUainfkmd^  rdatim  to  two  LatUriea^  to  ba  torriad  into  affad.  An  act  to 
carry  into  effect  an  act  of  the  Legislature  of  the  State  of  Maryland.  (Obsolete.) 
May  8, 1813 738 

JiSitary  Homily  Lamd,  An  act  to  provide  for  designating,  surveying,  and  granting  the  mi- 
litary bounty  lands.    May  6, 1813 > 738 

Itg  Cmmtbariand  Road.  An  act  in  addition  to  the  ''Act  to  regulate  the  laying  out  and  mak- 
ing a  road  from  Cumberland,  in  the  State  of  Maryland,  to  the  State  of  Ohio."  (Ob- 
solete.)   Mays,  1813 790 

Rdirfoftka  COixana  of  Vanaamala.  An  act  for  the  relief  of  the  citizens  of  Yeneznela.  (Ob- 
solete.)   May  8, 1813 780 

Poa^-fomda,    An  act  to  alter  and  establish  certain  post-roads.    May  11,1818. 780 

MapJaHom  of  tha  Ordnatua,    An  act  for  the  better  regulation  of  the  ordnance.    May  14, 

1813 783 

Emiargimg  tha  Bomtdariaa  of  the  Miaaiaaqipi  Tarriiory.    An  act  to  enlarge  the  boundaries  of 

the  Mississippi  territory.    May  14, 1813^ 784 

Jgfivfiimtiona  for  tka  Saipport  of  tha  Qooammant  in  1 8 13.  An  act  making  additional  appropria- 
tions for  the  support  of  government  for  the  year  one  thousand  eight  hundred  and 
twelve.    (Obsolete.)    May  16»  1818 734 

jtwiffoftha  OmiadStotaa.    An  aet  making  further  provision  for  the  army  of  the  United 

States.    (Obsolete.)    May  18, 1813 785 

Joarpormtiam  of  tka  Baaik  of  Jlaxandriau  An  act  to  incorporate  a  bank  in  the  town  of  Alex- 
andria, by  the  name  and  style  of  the  Mechanics'  Bank  of  Alexandria.  (Expired.) 
May  18,1813 735 

Tka  Praatdant  of  tha  Umitad  Stataa  to  aaeartain  amd  daaignala  tha  Botmdariaa  of  tha  Stata  of  Ohio, 
wMdk  daoida  tha  Stata  from  the  Territoriea  of  Indiana  and  Miehigan.  An  act  to  authorize 
the  President  of  the  United  States  to  ascertain  and  designate  certain  boundaries. 
May  30,  1813 741 

Eig^  of  Smffragi  axtandad  in  tha  IRinoia  Tarritory.    An  act  to  extend  the  right  of  suffrage  in 

the  Illinois  territory,  and  for  other  purposes.    (Obsolete)    May  80, 1813. 741 

Qmartarmaatar^a  Departmani.  An  act  to  amend  an  act  entitled  **  An  act  to  establish  a  quar- 
termaster's department,  and  for  other  purposes."    May  33, 18 18. 743 

ji  A^plament  to  tha  Ad  far  tha  Admiaaum  of  Lomaiana  Uuo  tha  Union,  An  act  supplemenmry 
to  an  act  entitled  "An  act  for  the  admission  of  the  State  of  Louisiana  into  the  Union, 
and  to  extend  the  laws  of  the  United  States  to  the  said  State.**    May  83, 1813 748 

Oowermwumt  of  tha  Torritory  ofMiasouri.  An  act  providing  for  the  government  of  the  ter- 
ritory of  MiMouri.    (ObM>lete.)    June  4, 1812 743 

DraaaimekM  on  Ooodo,  WaraSy  and  Mwrehandiae,  An  act  to  extend  tfa*  time  for  exporting, 
with  privilege  of  drawback,  goods,  wares,  and  merchandise,  entitled  thereto  by  law. 
(Obsolete.)    June  10, 1813 748 

IKmsmh  of  tka  Indiana  Tarritory  into  two  separata  Govammanto.  An  act  supplemental  to 
an  aet  entitled  "  An  act  for  dividing  the  Indiana  territosy  into  two  separate  govem- 

"    (Obsolete.)    June  10, 1812 748 

d2 


xxjriv  LIST  OP  THE  PUBLIC  ACTS  OP  CONGRESS. 

Claum  to  Land  in  thi  Territory  of  MUaowri,     An  act  making  farther  proYision  for  settling 

the  claims  to  land  in  the  territory  of  Missouri.     Jcme  13, 1813 • 748 

RnnMon  of  forfeUed  JUeognisaneeM  in  the  Diiiriet  of  CoUimb^  An  act  authorizing  the  re- 
mission of  forfeited  recognisances  within  the  District  of  Columbia.    June  17,  1812.  763 

Ca$uUfrom  thi  Potomac  around  tht  Dam  or  Causeway  from  Maeon'e  Ittand.  An  act  authorizing 
the  cutting  and  making  a  canal  from  the  river  Potomac  around  the  west  end  of  the 
dam  or  causeway  from  Mason's  Island,  and  for  other  purposes.    June  17, 1812. . . .  762 

Dedaration  of  War  betufeen  the  United  Statu  and  Great  Britain.  An  act  declaring  war  between 
the  united  kingdom  of  Great  Britain  and  Ireland  and  the  dependencies  thereof, 
and  the  United  States  of  America  and  their  territories.    (Obsolete.)    June  18, 1812  766 

Jmendment  of  the  Law  in  the  Dittrid  of  Columbia  relative  to  Prondstory  Notes,  Insolvent  Debtors^ 
Real  Kstates  subjected  to  Debts,  Process,  4rc.  An  act  to  amend  the  laws  within  the  Dis- 
trict of  Columbia.    June  24,  1812 766 

jSuthorizing  the  Issuing  of  Letters  of  Marque,  Prizes,  and  Prize  Goods.    An  act  concerning 

letters  of  marque,  prizes,  and  prize  goods.    (Obsolete.)    June  26, 1812 769 

jfhny  of  the  United  States,    An  act  for  the  more  perfect  organization  of  the  army  of  the 

United  States.    (Obsolete.)    June  26,1812 764 

Western  Boundary  of  the  Tract  reserved  for  MUitary  Bounty  Land  to  the  OgScers  and  Soldiers  of 
the  Virginia  Line.  An  act  to  ascertain  the  western  boundary  of  the  tract  reserved 
for  satisfying  the  military  bounties  allowed  to  the  officers  and  soldiers  of  the  Vir- 
ginia line  on  continental  establishment    June  26, 1812. 764 

Confirming  Claims  to  Lands  in  the  Missistippi  Territory  founded  on  Warrants  from  the  British 
and  Spanish  Governments.  An  act  confirming  claims  to  lands  in  the  Mississippi  terri- 
tory, founded  on  warrants  of  survey  granted  by  the  British  or  Spanish  government. 
June  30,  1812. 765 

Treasury  Notes.    An  act  to  authorize  the  issuing  of  treasury  notes.    (Obsolete.)    June  30, 

1812 766 

jSdditumal  Duties  on  all  Goods,  Wares,  and  Merchandise  imported  finom  foreign  Ports.  An  act  for 
imposing  additional  duties  upon  all  goods,  wares,  and  merchandise  imported  from 
any  foreign  port  or  place,  and  for  other  purposes.    (Obsolete.)    July  1,  1812 768 

Organization  of  the  MiUtia.  An  act  supplementary  to  an  act  entitled  "  An  act  more  efiec- 
tually  to  provide  for  the  organization  of  Uie  militia  of  the  District  of  Columbia.*' 
July  1,1812 769 

Transfer  of  the  Stock  created  by  the  Act  of  Jfovemher  10, 1803.  An  act  to  faciliUte  the  transfer 
of  the  stock  created  under  an  act  passed  on  the  tenth  of  November,  one  thousand 
eight  hundred  and  three.    (Obsolete.)    July  1, 1812 771 

Levy  Court  oftheCounty  of  IVdshinfftonin  the  District  of  Columbia.  An  act  conferring  certain 
powers  on  the  Levy  Court  for  the  county  of  Washington,  in  the  District  of  Colum- 
bia.   July  1,1812 771 

Public  Lands  in  the  State  of  Louisiana,    An  act  giving  validity  to  the  sale  of  certain  tracts  of 

Cblic  lands  sold  in  the  western  district  of  the  territory  of  Orleans,  now  State  of 
uisiana.    July  1, 1812 774 

Con^ames  of  Rangers  to  be  raised.  An  act  supplementary  to  **  An  act  authorizing  the  Presi- 
dent of  the  United  States  to  raise  certain  companies  of  rangers  for  the  protection 
of  the  frontier  of  the  United  States."     (Obsolete.)     July  1,  1812 774 

City  of  Washington,  Lease  of  any  Part  of  the  Reservations  by  the  President.  An  act  authorizing 
the  President  of  the  United  States  to  lease,  for  a  term  of  years,  any  part  of  the  re- 
servations of  public  ground  in  the  city  of  Washington.     July  6, 1812 776 

Capitol  at  Washington.  An  act  making  an  appropriation  for  the  purpose  of  discharging  all 
the  outstanding  claims  for  the  construction  and  repair  or  the  capitol  and  the  Presi- 
dent's house;  for  the  compensation  of  the  late  surveyor  of  the  public  buildings,  and 
for  furniture  for  the  different  apartments  of  the  capitol,  and  for  other  purposes. 
July  5, 1812 776 

Grants  of  Land  in  the  Territory  of  MissitsippL  An  act  confirming  grants  to  lands  in  the  Mis- 
sissippi territory  derived  from  the  British  government  of  West  Florida,  not  subse- 
quently regranted  by  the  government  of  Spain  or  of  the  United  States.  July  6, 
1812 776 

Vessels  of  the  United  States  to  be  admitted  to  entry  from  hidia  in  certain  Cases.  An  act  to  admit 
the  entry  of  Vessels  of  the  United  States  on  certain  conditions.  (Obsolete.)  July 
6^1812. 776 


LIST  OF  THE  PUBLIC  ACTS  OF  CONGRESS.  xxxv 

X^cHcc  of  tk€  Maritime  FrontUr.  An  act  making  a  farther  appropriation  for  the  defence  of 
the  marilime  frontier  and  for  the  support  of  the  Navy  of  the  United  SUtei.  July  6, 
1812 776 

ff  BSOb  drawn  by  Jokn  Jrmttrong  on  tht  Treanary  of  the  United  Statet,  nupended.  An 
set  authorizing  the  Secretary  of  the  Treasury  to  suspend  the  payment  of  certain 
bills  drawn  by  John  Armstrong,  late  minister  of  the  United  States  at  the  Court  of 
France,  upon  the  Treasury  of  the  United  States.    July  6,  1813 TH 

to  the  Pruident  pro  tempore  of  the  Senate,  An  act  to  compensate  for  his  services 
the  President  pro  tempore  of  the  Senate,  acting  as  such  when  the  office  of  Vic^ 
President  of  the  United  States  shall  be  vacant    July  6, 1812 777 

8efi  Keeping  and  jSccommodation  of  Prisoners  of  War,  An  act  for  the  safe  keeping  and  ac- 
commodation of  prisoners  of  war.    Jaly  6,  1812 777 

Jhnericmn  Vtaede  prohibited  trading  with  the  Enemies  of  the  United  Statet,  Ati  act  to  prohibit 
American  vessels  from  proceeding  to,  or  trading  with,  the  enemies  of  the  United 
States,  and  for  other  purposes.    July  6, 1812. 778 

JRen  Enemies.    An  act  supplementary  to  the  act  entitled  "  An  act  respecting  alien  enemies." 

July  6,  1812 781 

,^propriatvm  for  the  Military  EstabUshmeni  and  for  the  Indian  Department  in  the  Tear  1812.  An 
act  making  additional  appropriations  n>r  the  military  establishment  and  for  the  In- 
dian department  for  the  year  one  thousand  eight  hundred  and  twelve.    July  6, 1813.  781 

IfcdMg  of  Congress.    An  act  fixing  the  time  fi>r  the  next  meeting  of  Congress.    July  6, 

1813 781 

Pay  of  the  Army  of  the  United  States.    An  act  respecting  the  pay  of  the  army  of  the  United 

States.    July  6, 1812 782 

PabSe  Lands  m  Ohio.  An  act  supplementary  to  the  act  entitled  ''An  act  giving  further  time 
to  purchasers  of  public  lands  northwest  of  the  river  Ohio,  to  complete  their  pay- 
ments."   July  6, 1812. 783 

PMie  Debt,    An  act  authorizing  a  subscription  for  the  old  sir  per  cent  and  deferred 

stocks,  and  providing  for  an  exchange  of  the  same.    July  6,  1813 788 

not  txeetding  Eleven  MUlions  of  Dollars.  An  act  supplementaiy  to  the  act  entitled  ''An 
act  authorizing  a  loan  for  a  sum  not  exceeding  eleven  millions  of  dollars."  July  6, 
1813 784 

jtmytftke  United  States.    An  act  making  further  provision  for  the  army  of  the  United 

States,  and  for  other  purposes.    July  6,  1812 784 

jtmyofthe  United  States.  An  act  supplementary  to  the  act  entitled  "An  act  authorizing 
the  President  of  the  United  States  to  accept  and  organize  certain  volunteer  military 
corps."    July  6,  1812. 786 

RESOLUTIONS. 

1.  Onnting  permission  to  the  Judges  of  the  Supreme  Court  of  the  United  States  to  use 

the  books  in  the  library  of  Congress.    March2,  1812 786 

1  On  the  subject  of  arts  and  manufactures.    March  19,  1813 786 

3.  Requesting  the  State  of  Georgia  to  assent  to  the  formation  of  two  states  of  the  Missis- 

sippi territory.     June  17, 1812 786 

4.  Requesting  the  President  of  the  United  States  to  recommend  a  day  of  public  humilia- 

tion and  prayer. 786 

STATUTE  n.— 1812, 1813. 

Transmission  of  certain  Dorumentsfree  of  Postage.    An  act  to  authorize  the  transportation  of 

certain  documents  free  of  postage.    Nov.  12, 1812 787 

CssHmutnre  of  the  Mint  at  Philadelphia,    An  act  further  to  prolong  the  continuance  of  the 

mint  at  Philadelphia.    Dec.  2, 1812 787 

of  the  United  Slates.  An  act  making  an  appropriation  to  defray  expenses  incurred, 
or  to  be  incurred,  under  an  act  entitled  "  An  act  to  authorize  a  detachment  from  the 
militia  of  the  United  States ;"  and  the  act  entitled  "  An  act  for  calling  forth  the 
militia  to  execute  the  laws  of  the  Union,  suppress  insurrections,  and  repel  invasions, 
and  to  repeal  the  act  now  in  force  for  those  purposes,  passed  the  twenty-eighth  day 
of  February,  one  thousand  seven  hundred  and  ninety-five."  (Obsolete.) Doc.  15,18lt  737 


ixsW  UST  OF  THE  PUBLIC  ACTS  OF  CONGRESS. 

Jnertam  of  tht  Pay  of  tha  noti  eommunomd  officen^  JfunrioM,  Pnoaieo,  and  Uhun  of  tht  jtrmff,  fre* 
An  actincreanngthe  pay  of  the  Don-commissioned  officers,  mnsicians,  prirates,  and 
others  of  the  army,  and  for  other  purposes.    Dec  18, 181) 788 

jyidria  and  Ttrriionai  Jndgu  of  the  VmUd  Siata,    An  act  eoneemtng  the  district  and  terri- 

torial  judges  of  the  United  Sutes.    Dec  18, 181S 788 

Mnenatt  of  tht  Navy  ofikt  Vniied  SiaUt.    An  act  to  increase  the  navy  of  the  United  States. 

Jan.  S,  1813 789 

Stmmkm  ofFint$  and  Forftiiwm  m  eertaim  Caata  if  Goods  tkippodjrom  Qraai  Briiaku  An 
act  directing  the  Secretary  of  the  Treasury  to  remit  fines,  forfeitures,  and  penalties, 
in  certain  cases.    Jan.  8, 1813 789 

Wui  Point.  An  act  approving  the  report  of  the  commissioners  appointed  by  the  Secretary 
at  War,  to  ascertain  and  settle  the  exterior  line  of  the  public  land  at  West  Point,  in 
the  State  of  New  York.    Jan.  6,  1813* 790 

Poot'Touia  to  be  totabliahtd  by  tht  Pnndent  of  tha  Vniiad  Slataa  m  ttrtam  Caaaa.  An  act  autho- 
rizing the  President  of  the  United  States  to  establish  post-routes  in  certain  cases. 
(Obsolete)    Jan.  H,  1813 4 790 

Naoy  Penaiona.    An  act  providing  navy  pensions  in  certain  cases.    (Obsolete.)    Jan.  80, 

1813 790 

Partial  jSppropriaHona,  An  act  making  certain  partial  appropriations  for  the  year  one  thou- 
sand eight  hundred  and  thirteen.    (Obsolete.)    Jan.  80, 1813 79 1 

Jrwty  of  tha  Uniiad  Stataa.    An  act  supplementary  to  the  act  entitled  "  An  act  for  the  more 

perfect  organization  of  the  army  of  the  United  States."    (Obsolete.)   Jan.  80, 1813.  791 

Lattara  ofMarqua  and  RtpriaaL    An  act  in  addition  to  the  act  concerning  letters  of  marque, 

prizes,  and  prize  goods.    (Obsolete.)    Jan.  87,  1813 798 

JdmiaaUm  ofjimariean  VeaaeUfirom  Britiah  Porta,  An  act  authorizing  the  admission,  under 
certain  circumstances,  of  vessels  owned  by  citizens  of  the  United  States  of  America, 
with  their  cargoes,  from  British  ports  beyond  the  Cape  of  Good  Hope.  (Obsolete.) 
Jan. 87,  1913 794 

Jrmy  of  tha  United  Slataa.  An  act  in  addition  to  the  act  entitled  *'  An  act  to  raise  an  addi- 
tional military  force,"  and  for  other  purposes.    (Obsolete.)    Jan.  89, 1813 794 

IiKlUia.  An  act  supplementary  to  an  act  entitled  **  An  act  to  provide  for  calling  forth  the 
militia  to  execute  the  laws,  suppress  insurrections,  and  repel  invasions,"  and  to  re- 
peal the  act  now  in  force  for  those  purposes,  and  to  increase  the  pay  of  volunteer 
and  militia  coips.    (Obsolete.)    Fek8,1813L <....  797 

PabUe  Landa  in  tha  JlUnoia  Tarritory,    An  act  giving  the  right  of  pre-emption  ill  die  pur^ 

chase  of  lands  to  certain  settlers  in  the  Illinois  territory.    Feb.  6,  1819. 797 

JLoan  ofSixtaan  MilHona  ofDoUara.  An  act  authorizing  a  loan  for  a  sum  not  exceeding  six- 
teen millions  of  dollars.    (Obsolete.)    Feb.  8, 1813.... 798 

Panaiona  to  Paraona  on  Board  priaaia  armed  8hq>a.    An  act  regulating  pensions  to  persons  on 

board  private  armed  ships.    Feb.  18, 1813 799 

Zand  Claima  in  Vineannaa,    An  act  confirming  certain  claims  to  lands  in  the  district  of  Vin- 

cennes.    Feb.  13,1813. 800 

Army  of  tha  United  Stataa,    An  act  making  provision  for  an  additional  number  of  general 

officers.    (Obsolete.)     Feb.  84,  1813 801 

JHaamry  Notaa,    An  act  authorizing  the  issuing  of  treasury  notes  for  the  service  of  the 

year  one  thousand  eight  hundred  and  thirteen.    (Obsolete.)    Feb.  86, 1813 801 

JhUy  on  Iron  Wire.  An  act  to  impose  a  doty  on  the  importation  of  iron  wire.  (Obso- 
lete)   Feb.85,  1813 804 

Jrwty  of  tha  Unitad  Statea;  Remgara.  An  act  to  raise  ten  additional  companies  of  rangers. 

(Obsolete.)    Feb.  86, 1813. 804 

Miating  of  Conrreaa.  An  act  to  alter  the  time  for  the  next  meeting  of  Congress.  (Obso- 
lete.)   Feb.  87,  1813. 804 

Jtomtfiofli  ifFotfntvraa  on  Oooda  importadfrom  Graat  Britain.  An  act  directing  the  Secretary 
of  me  Treasury  to  remit  certain  fines,  penalties,  and  forfeitures,  therein  mentioned. 
(Obsolete.)    Feb.  87, 1813 804 

TTie  MaU  may  ha  carried  in  &aamhoata.    An  act  in  addition  to  an  act  regulating  the  post-office 

establishment.    (Obsolete.)    Feb.  87, 1813 806 


UST  OP  THE  PUBUC  ACTS  OP  CONGRESS.  xxxvii 

QtSan  in  thi  Tmitona  of  thi  Umiied  Siatet.  An  act  anthoriziDg  the  appointment 
of  additional  officers  in  the  respective  territories  of  the  United  States.  (Obsolete.) 
FeUST,  1813. 806 

Fa^-fumda  m  Xovinana.    An  act  to  establish  certain  post-roads  in  the  State  of  Louisiana. 

(Obsolete.)    Feb.  87, 1813 806 

FSuoMtfaMk    An  act  to  encourage  vaccination.    (Repealed.)    Feb.  27, 18  IS 806 

to  lamdi  in  tlu  Twitoriu  of  OrUam  and  Louiaiantu  An  act  giving  farther  time  for 
registering  claims  to  lands  in  the  eastern  and  western  districts  of  the  territory  of 
Orleans,  now  State  of  Louisiana.    (Expired.)    Feb.  27,  1 813 807 

IWiiyifcr  Road  to  GmrgtUnm  in  the  Diitrict  of  Cobmbia.  An  act  to  aathorize  and  empower 
the  president  and  mansgers  of  the  Washington  Turnpike  Company  of  the  State  of 
Maiyland,  when  organized,  to  extend  and  maJre  their  turnpike  road  to  or  from  George- 
town, in  the  District  of  Columbia,  through  the  said  district  to  the  line  thereof.  Feb. 
27,1813. 808 

Dmtia,  An  act  to  continue  in  force,  for  a  limited  time,  the  first  section  of  the  act  entitled 
"  An  act  further  to  protect  the  commerce  and  seamen  of  the  United  States  against 
the  Barbary  powers."    (Expired.)    Feb.27, 1813 809 

Snmmm  on  Board  thi  pnbHe  and  private  amud  VauU  of  tkg  Unittd  Stain,  An  act  for  the  regu- 
lation of  seamen  on  board  the  public  and  private  vessels  of  the  United  States. 
March  3,  1813* 809 

PtMk  LmntdM.    Fwriker  time  given  to  PvrcKattru    An  act  giving  further  time  to  purchasers 

of  public  lands  to  complete  their  payments.    (Expired.)    March  3, 1813 811 

r — ^T  m  JKisaoHfi.  An  act  allowing  farther  time  for  delivering  the  evidence  in  support  of 
claims  to  land  in  the  territory  of  Missouri,  and  for  regulating  the  donation  grants 
therein.    (Expired.)    March  3, 1813 812 

Dutrief  Comrt  m  New  York.    An  act  to  alter  the  times  of  holding  the  District  Court  in  the 

respective  districts  of  New  York  and  Massachusetts.    (Obsolete.)    March  3,  1813.  816 

of  armed  Ve$kU  of  War  of  iht  Enemy,    An  act  to  encourage  the  destruction  of 

the  armed  vessels  of  war  of  the  enemy.    (Obsolete.)    March  8, 1813 816 

of  the  Army  and  JceonntabUity  of  the  Pertone  employed.  An  act  the  better  to  provide 
for  the  supplies  of  the  army  of  the  United  States,  and  for  the  accountability  of  per- 
sons entrusted  with  the  same.     March  3, 1813 816 

Cert^kmteo  ^Regiairy,    An  act  to  authorize  the  Secretary  of  the  Treasury  to  provide  new 

certificates  of  registry.    (Obsolete.)    March  3, 1813 818 

„  to  ike  Offieert  and  Crew  of  the  ConetituHon,  and  Watp,  An  act  rewarding  the  officers 
and  crew  of  the  frigate  Constitution  and  the  officers  and  crew  of  the  Wasp.  (Ob- 
solete.)   March8,1813w 818 

Jbwe§  of  the  United  States,  Organixation  of  the  General  Staff,  An  act  for  the  better  organiza- 
tion of  the  general  staff  of  the  army  of  the  United  Sutes.  (Obsolete.)  March  3, 
1813 819 

jjemnf  ef  Cengrese  to  Acta  of  Georgia,  An  act  to  revive  and  continue  In  force  <*  An  act  de- 
claring the  consent  of  Congress  to  an  act  of  the  State  of  Georgia,  passed  the  twelfth 
day  of  December,  one  thousand  eight  hundred  and  four,  establishing  the  fees  of  the 
harbour  master  and  health  officer  of  the  ports  of  Savannah  and  St.  Mary's."  (Ex- 
pired.)   March  8, 1813 820 

ifovv  of  the  United  Statee,  An  act  supplementary  to  the  act  for  increasing  the  navy.  (Ob- 
solete.)   March  3, 1813. 821 

Appropriation*  for  the  Navy.  An  act  making  appropriations  for  the  support  of  the  navy  of 
the  United  States,  for  the  year  one  thousand  eight  hundred  and  thirteen.  (Obsolete.) 
March  3,  1813 821 

Appropriation  for  the  Capital    An  act  making  an  appropriation  for  alterations  and  repairs  in 

the  capitol.    (Obsolete.)    March  3, 1813 822 

Appropriaiumi  for  the  Military  EetabUehmeni,  and  for  Vohmteere,  An  act  making  appropria- 
tions for  the  support  of  the  military  establishment,  and  of  the  volunteer  militia  in 
the  actual  service  of  the  United  States,  for  the  year  one  thousand  eight  hundred 
and  thirteen.    (Obsolete.)    March  3, 1813. 822 

.  flppi oprialione  for  the  Support  of  the  Government  in  1813.  An  act  making  appropriation  for 
the  support  of  government  for  the  year  one  thousand  eight  hundred  and  thirteen. 

(Obsolete.)     March  3, 1813 823 

Vol.  U.— 1  A 


xxxviii  LIST  OP  THE  PUBUC  ACTS  OF  CONGRESS. 

JHttrict  Court  ofMavnt,    An  act  altering  the  time  for  holding  the  District  Court  in  the  dis- 
trict of  Maine.    March  3, 1818. 830 

RtlaVuHvm  avthorized.    An  act  resting  in  the  President  of  the  United  States  the  power  of 

retaliation.    (Obsolete.)    March  8, 1818 8S9 

RESOLUTIONS. 

1.  Relative  to  the  brilliant  achievements  of  Captains  Hull,  Decatar,  Jones,  and  Lieutenant 

Elliott    Jan.  89,  1818 880 

2.  Requesting  the  President  of  the  United  States  to  cause  to  be  prepared  and  laid  before 

Congress  a  system  of  military  discipline.    March  8, 1818 880 

8.  Requesting  the  President  of  the  United  States  to  present  medals  to  Captain  William 

Bainbridge,  and  the  officers  of  the  frigate  Constitution.    March  8, 1818 831 


THE 


LAWS  OF  THE  UNITED  STATES. 


ACTS  OF  THE  SIXTH  CONGRESS 


UNITED   STATES, 

Passed  at  the  Jirst  session,  which  was  begun  and  held  at  the  City  of 
Phladelphiaj  in  the  State  of  Pennsylvania,  on  Monday,  the  second  day 
ef  December,  1799,  and  ended  on  the  fourteenth  day  of  May,  1800. 

John  Adams,  President;  Thomas  Jefferson,  Vice  President  of  the 
United  States,  and  President  of  the  Senate;  Samuel  Livermore, 
President  of  the  Senate  pro  tempore,  on  the  24th  of  December,  1799 ; 
Uriah  Tract,  President  of  the  Senate  pro  tempore,  on  the  14th  of 
Maj,  1800  ;  Theodore  Sedgwick,  Speaker  of  the  House  of  Repre- 
sentatiyes. 


STATUl'E  I. 

CRAFTBa  L— ^fi  Jlet  far  reviving  and  continuing  iuiis  and  proceedings  in  the 
dreuit  Court  for  the  District  tf  Pennsylvania. 

Section  1.  JBeit  enacted  by  the  Senate  and  House  of  Representatives 
of  the  United  States  of  America  in  Congress  assembled.  That  all  suits, 
process  and  proceedings,  of  what  nature  or  kind  soever,  which  were 
pending  in  the  Circuit  Court  of  the  United  States,  for  the  district  of 
Pennsylrania,  at  the  time  appointed  by  law  for  holding  a  session  thereof 
in  October,  one  thousand  seven  hundred  and  ninety-nine,  and  which 
were  discontinued  by  failure  to  hold  the  said  court,  shall  be,  and  they 
are  hereby  rerired  and  continued,  and  the  same  proceedings  may  and 
shall  be  had  in  the  same  court,  in  all  suits  and  process  aforesaid,  and  in 
all  things  relating  to  the  same,  as  by  law  might  have  been  had  in  the 
same  court,  had  it  been  regularly  holden,  at  the  time  aforesaid. 

Sec  2.  And  be  it  further  enacted,  That  aU  writs  and  other  process, 
which  may  have  been,  and  which  shall  be  issued,  by  the  clerk  of  the 
said  court,  bearing  teste  of  April  session  or  October  session,  one  thou- 
sand seven  hundred  and  ninety-nine,  shall  be  held  and  deemed  of  the 
same  validity  and  effect,  as  if  the  same  court  had  been  regularly  held  on 
the  deventh  day  of  October,  one  thousand  seven  hundred  and  ninety- 
nme. 

Sec.  3.  And  be  it  further  enacted,  That  it  shall  be  lawful  for  the 
judge  of  the  district  court  of  the  district  of  Pennsylvania,  to  direct  the 
derk  of  the  said  circuit  court  to  issue  such  process,  for  the  purpose  of 
causing  jurors  to  be  summoned  to  attend  at  the  session  of  the  said  cir- 
cuit court,  on  the  eleventh  day  of  April  next,  as  hath  heretofore  been 
issued  for  the  like  purposes,  returnable  to  any  preceding  session  thereof; 
and  the  persons  so  summoned  shall,  in  case  of  non-attendance,  be  liable 
to  the  same  penalties  as  if  such  process  had  been  issued  in  the  ordinary 
course  of  proceeding. 

ArpRovED,  I>ecember  24,  1799. 

3 


Dec.  24, 1799. 

[Obsolete] 
Proceeding  4 
which  were  di«- 
continaedbvtho 
fkilare  to  hold 
October  Bessiou 
1799,  revived. 


Teste  ofwrita 


Jarors  may  be 
■ommoned  for 
next  April  term. 


Penalties  for 
non-attendance* 


SIXTH  CONGRESS.    Sesb.  I.  Cii.  2,  3,  4.    1800. 


Statute  I. 
Jan.  2,  1800. 

[OlMoIete.] 


1799,  ch.  43, 
sec.  17. 

1796,  ch.  4. 


Chap.  IT. — JUn  Ad  extending  ihe  privilege  ff  franking  to  William  Henry  Har' 
rieon^  the  delegate  from  the  territory  tf  the  United  Statee^  northweai  of  the  Ohiot 
and  making  provinon  for  hie  eompeneation. 

Section  I,  Beit  enacted  by  the  Senate  and  House  of  Rjmresentatives 
rf  the  United  States  of  America  in  Congress  assembled,  That  William 
Henry  Harrison,  the  delegate  to  Congress  from  the  territory  of  the 
United  States  northwest  of  the  river  Ohio,  be  entitled  to  the  privilege  of 
sending  and  receiving  letters  free  of  postage,  on  the  same  terms,  and 
under  the  same  restrictions,  as  are  provided  for  the  members  of  the 
Senate  and  of  the  House  of  Representatives  of  the  United  States,  by 
the  act,  intituled  "An  act  to  establish  the  postoffice  and  post  roads 
within  the  United  States." 

Sec.  2.  And  be  it  further  enacted,  That  the  said  William  Henry  Har- 
rison shall  receive  for  his  travelling  expenses  and  attendance  in  Congress, 
the  same  compensation  as  is  or  may  be  allowed  by  law,  to  the  members 
of  the  House  of  Representatives  of  the  United  States,  to  be  certified 
and  paid  in  like  manner. 

Approved,  January  2,  1800. 


Statute  I. 

Jan.  2,  1800. 

[Obsolete.] 
Act  of  July 
9,  1798. 

CommiuioB- 
era  may  var]r  the 
iralaationi  in 
aabdivisions  of 
aasessmeot  dis- 
tricts. 


Tbey  may  di- 
rect the  Yaria- 
tioBstobemode 
out    by   their 
clerk,  &c. 


CBAF.lW.-'-JlnJiet supplementary  to  the  aef,  intituled  ^^An  act  to 
valuation  of  Lands  and  Dwelling-houses,  and  the  enumeration  ef 
the  United  Staies.*\a) 


provideforthe 
Slaves^  within 


Section  1.  Be  if  enacted  by  the  Senate  and  House  of  Representatives 
of  the  United  States  of  America  in  Congress  assembled,  That  the  com- 
missioners appointed  under  the  act  to  which  this  is  a  supplement,  shall 
have  power,  on  consideration  and  examination  of  the  lists,  returns,  valu- 
ations and  abstracts  rendered  by  the  assessors,  to  revise,  adjust  and  var^ 
the  valuations  of  lands  and  dwelling-houses  in  each  and  every  subdivi- 
sion of  the  several  assessment  districts,  by  adding  thereto,  or  deducting 
therefrom,  such  a  rate  per  centum  as  shall  appear  to  be  just  and  reason- 
able :  Provided,  that  the  relative  valuations  of  the  different  lots  or  tracts 
of  land,  or  dwelling-houses  in  the  same  subdivision,  shall  not  be 
changed  or  affected. 

Sec.  2.  And  be  it  further  enacted.  That  the  said  commissioners  may 
direct  the  additions  or  deductions  as  aforesaid,  to  be  made  out  and  com- 
pleted by  the  several  principal  assessors,  or  if  they  shall  deem  it  more 
advisable,  by  their  clerk  and  such  assistants  as  they  shall  find  neces- 
sary, and  appoint  for  that  purpose :  Provided,  that  the  compensation  to 
be  made  to  the  said  assistants  shall  not  exceed  the  pay  allowed  to  the 
assistant  assessors,  by  the  act  to  which  this  is  a  supplement 

Approved,  January  2,  1800. 


Statutb  L 

Jan.  6, 1800.  Chap.  lY.^An  Act  for  the  reUrf  ef  persons  imprisoned  for  DAt.{b) 

Priaonera  en-  SECTION  \,  Be  it  enacted  by  the  Senate  and  House  of  Raoreseniatives 
titled  to  the  Hm-  of  f^  United  States  of  America  in  Congress  assembled.  That  persons 
per»on8**coii."  imprisoned  on  process  issuing  from  any  court  of  the  United  States,  aa 
fined  under  well  at  the  suit  of  the  United  States  as  at  the  suit  of  any  person  or  per- 
procesa  from  g^ns  in  civil  actions,  shall  be  entitled  to  like  privileges  of  the  yards  or 
atate  courts.  limits  of  the  respective  gaols,  as  persons  confined  in  like  cases  on  pro- 
cess from  the  courts  of  the  respective  states,  are  entitled  to,  and  under 
the  like  regulations  and  restrictions. 

(d)  Act  of  July  9,  1798,  chap.  70. 

0)  Act  of  May  38, 1796,  chap.  38;  act  of  June  6,  1798,  chap.  49;  act  of  January  7, 18S4,  chap.  3. 


SIXTH  CONGRESS.    Sess.  I.  Cii.  4.     1800. 


Ssc.  2.  And  be  ii  Jurther  enacted,  That  any  person  imprisoned  on 
process  of  execution  issuing  from  any  court  of  the  United  States  in  civil 
sdioiis*  except  at  the  suit  of  the  United  States,  may  have  the  oath  or 
affinnaiion  hereinafter  expressed,  administered  to  him  bj  the  judge  of 
the  district  court  of  the  United  States,  within  whose  jurisdiction  the 
debtor  may  be  confined;  and  in  case  there  shall  be  no  district  judge 
residing  within  twenty  miles  of  the  gaol  wherein  such  debtor  may  be 
ooafinedy  such  oath  or  affirmation  may  be  administered  by  any  two  per- 
sons wlio  may  be  commissioned  for  that  purpose  by  the  district  judge: 
The  creditor,  his  agent  or  attorney,  if  either  live  within  one  hundred 
miles  of  the  place  of  imprisonment,  or  within  the  district  in  which  the 
judgment  was  rendered,  having  had  at  least  thirty  days  previous  notice 
by  a  citation  served  on  him,  issued  by  the  district  judge,  to  appear  at 
the  time  and  place  therein  mentioned,  if  he  see  fit  to  show  cause  whv 
the  said  oath  or  affirmation  should  not  be  so  administered :  At  which 
time  and  place,  if  no  sufficient  cause,  in  the  opinion  of  the  judge,  (or 
the  commissioners  appointed  as  aforesaid)  be  shown,  or  doth  from  ex- 
amination appear  to  the  contrary,  he  or  they  may,  at  the  request  of  the 
dd>tor,  proceed  to  administer  to  him  the  following  oath  or  affirmation, 
as  the  case  may  be,  viz.  <<  You  solemnly  (swear  or  affirm) 

that  you  have  no  estate,  real  or  personal,  in  possession,  reversion  or  re- 
mainder, to  the  amount  or  value  of  thirty  dollars,  other  than  necessary 
wearing  apparel;  and  that  you  have  not,  directly  or  indirectly,  given, 
sold,  leased,  or  otherwise  conveyed  to,  or  intrusted  any  person  or  per- 
sons with  all  or  any  part  of  the  estate,  real  or  personal,  whereof  you 
have  been  the  lawful  owner  or  possessor,  with  any  intent  to  secure  the 
same,  or  to  receive  or  expect  any  profit  or  advantage  therefrom,  or  to 
defraud  yoor  creditors,  or  have  caused  or  suffered  to  be  done  any  thing 
eise  whatsoever,  whereby  any  of  your  creditors  may  be  defrauded." 
Which  oath  or  affirmation  being  administered,  the  judge  or  commis- 
sioQers  shall  certify  the  same  under  his  or  their  hands  to  the  prison- 
keeper,  and  the  debtor  shall  be  discharged  fi'om  his  imprisonment  on 
soch  judgment,  and  shall  not  be  liable  to  be  imprisoned  again  for  the 
said  debt,  but  the  judgment  shall  remain  good  and  sufficient  in  law,  and 
may  be  satisfied  out  of  any  estate  which  may  then,  or  at  any  time  after- 
wards, belong  to  the  debtor.  And  the  judge  or  commissioners,  in  addi- 
tion to  the  certificate  by  them  made  and  delivered  to  the  prison-keeper, 
shall  make  return  of  their  doings  to  the  district  court,  with  the  commis- 
sion, in  cases  where  a  commission  hath  been  issued,  to  be  kept  upon 
the  files  and  record  of  the  same  court  And  the  said  judge,  or  com- 
missioners,  may  send  for  books  and  papers,  and  have  the  same  authority 
as  a  court  of  record,  to  compel  the  appearance  of  witnesses,  and  admin- 
ister to  them,  as  wcdl  as  to  the  debtor,  the  oaths  or  affirmations  neces- 
sary for  the  inquiry  into,  and  discovery  of  the  true  state  of  the  debtor's 
property,  transactions  and  affairs. 

Sbc.  3.  And  he  it  jurther  enacted.  That  when  the  examination  and 
proceedinffs  aforesaid,  in  the  opinion  of  the  said  judge  or  commissioners, 
cannot  be  bad  with  safety  or  convenience  in  the  prison  wherein  the  debtor 
is  confined,  it  shall  be  lawful  for  him  or  them,  by  warrant  under  his  or 
their  hand  and  seals,  to  order  the  marshal  or  prison-keeper,  to  remove 
the  debtor  to  such  other  place  convenient  and  near  to  the  prison  as  he 
or  they  may  see  fit;  and  to  remand  the  debtor  to  the  same  prison,  if 
upon  examination  or  cause  shown  by  the  creditor,  it  shall  appear  that 
the  debtor  ought  not  to  be  admitted  to  take  the  above  recited  oath  or 
affirmation,  or  that  he  is  holden  for  any  other  cause. 

Sec.  4.  And  he  it  Jurther  enacted.  That  if  any  person  shall  falsely 
take  any  oath  or  affirmation,  authorized  by  this  act,  such  person  shall 
be  deemed  guilty  of  perjury,  and  upon  conviction  thereof,  shall  suffer 
the  pains  and  penalties  m  that  case  provided.    And  in  case  any  false 

a2 


Pritonen  in 
ezeeution  mty 
have  an  oath  of 
insolYencT  ad- 
ministerea  to 
them  bj  the 
Diftrict  Judge, 


or  by 
Btonere. 


If  no  caiue  ia 
■hown   to  the 
contrary, 


on  making  oath 
or  affirmation. 


they  ihall  be 
discharged. 


Proceedings 
to  be   filed    in 
district  court. 


Powers  of  the 
jndc[e  and  com- 
missioners,  to 
send  for  books 
and  papers. 


Debtor  may 
be  remored  to 
facilitate   pro. 
ceedings,    and 
may  be  remand. 
ed. 


Penalty  on 
taking    a  fklse 
oath  or  affirma- 
tion.' 

1790,    ch.  9, 
joc.  18. 


SIXTH  CONGRESS.    Sess.  I.  Ch.  5.     1800. 


1798,  ch.  49, 
ICC.  2. 


Thirty  dayi 
aAer  judgment, 
debtor  impris- 
oned may  take 
the  benefit  of 
this  act,  al. 
though  no  exe- 
cution is  sued 
oat. 


Statute  I. 


oath  or  affirmation  be  so  taken  by  the  debtor,  the  court,  upon  the  mo- 
tion of  the  creditor,  shall  recommit  the  debtor  to  the  prison  from  whence 
he  was  liberated,  there  to  be  detained  for  the  said  debt,  in  the  same 
manner  as  if  such  oath  or  affirmation  had  not  been  taken. 

Sec.  5.  And  be  itjurther  enacted^  That  any  person  imprisoned  upon 
process  issuing  from  any  court  of  the  United  States,  except  at  the  suit 
of  the  United  States,  in  any  civil  action,  against  whom  judgment  has 
been  or  shall  be  recovered,  shall  be  entitled  to  the  privileges  and  relief 
provided  by  this  act,  after  the  expiration  of  thirty  days  from  the  time 
such  judgment  has  been  or  shall  be  recovered,  though  the  creditor  should 
not,  within  that  time,  sue  out  his  execution,  and  charge  the  debtee 
therewith. 

Approved,  January  6, 1800. 


Jan.  17,  1800. 

[Expired.] 
Penalty  on  cor- 
respondence 
with  the  In- 
dians,   to   pro- 
duce  infraction 
of  treaties,  or 
disturb  the 

Eeace  of  the 
rnited  States. 

Penalty  on  the 
bearers  of  such 
correspond- 
ence. 


Crap.    V.-^n  Ad  for  the  preservation  (fpeau  with  the  Indian  tri6eM.(d) 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Representatives 
of  the  United  States  of  America  in  Congress  assembled,  That  if  any  citi- 
zen or  other  person  residing  within  the  United  States,  or  the  territory 
thereof,  shall  send  any  talk,  speech,  message  or  letter  to  any  Indian  na- 
tion, tribe,  or  chief,  with  an  intent  to  produce  a  contravention  or  infrac- 
tion of  any  treaty  or  other  law  of  the  United  States,  or  to  disturb  the 
peace  and  tranquillity  of  the  United  States,  he  shall  forfeit  a  sum  not 
exceeding  two  thousand  dollars,  and  be  imprisoned  not  exceeding  two 
years. 

Sec.  2.  And  be  it  further  enacted^  That  if  any  citizen  or  other  person 
shall  carry  or  deliver  any  such  talk,  speech,  message  or  letter,  to  or 
from  any  Indian  nation,  tribe,  or  chief,  from  or  to  any  person  or  persons 
whatsoever,  residing  within  the  United  States;  or  from  or  to  any  sub- 
ject, citizen  or  agent  of  any  foreign  power  or  state,  knowing  the  con- 
tents thereof,  he  shall  forfeit  a  sum  not  exceeding  one  thousand  dollars, 
and  be  imprisoned  not  exceeding  twelve  months. 

Sec.  3.  And  he  it  enacted,  That  if  any  citizen  or  other  person,  resid- 
ing or  being  among  the  Indians,  or  elsewhere,  within  the  territory  of 
the  United  States,  shall  carry  on  a  correspondence,  by  letter  or  other- 
wise, with  any  foreign  nation  or  power,  with  an  intent  to  induce  such 
foreign  nation  or  power  to  excite  any  Indian  nation,  tribe,  or  chief,  to 
war  against  the  United  States,  or  to  the  violation  of  any  existing  treaty; 
or  in  case  any  citizen  or  other  person  shall  alienate,  or  attempt  to  alien- 
ate the  confidence  of  the  Indians  from  the  government  of  the  United 
States,  or  from  any  such  person  or  persons  as  are,  or  may  be  employed 
and  entrusted  by  the  President  of  the  United  States,  as  a  commissioner 
or  commissioners,  agent  or  agents,  or  in  any  capacity  whatever,  for  fa- 
cilitating or  preserving  a  friendly  intercourse  with  the  Indians,  or  for 
managing  the  concerns  of  the  United  States  with  them,  he  shall  forfeit 
a  sum  not  exceeding  one  thousand  dollars,  and  be  imprisoned  not  exceed- 
ing twelve  months. 

Sec.  4.  And  be  it  further  enacted,  That  the  provisions  of  the  act, 
intituled  '<An  act  to  regulate  trade  and  intercourse  with  the  Indian 
tribes,  and  to  preserve  peace  on  the  frontiers,"  passed  the  third  day  of 
March,  one  thousand  seven  hundred  and  ninety-nine,  be,  and  the  same 
are  hereby  extended  to  carry  into  effect  this  act,  and  for  the  trial  and 
punishment  of  offences  against  it,  in  the  same  manner  as  if  they  were 
herein  specially  recited. 

Sec.  5.  And  be  it  further  enacted,  That  this  act  shall  contmue  and 

(a)  Act  of  Maitsh  3,  1799,  chap.  46,  sec.  106 ;  act  of  March  30, 1803,  ctap.  13 ;  act  of  April  S9, 1816  ; 
act  of  March  3,  1817,  chap.  43 ;  act  of  May  6,  1822,  chap.  58. 


Penalty  on  cer- 
tain  corres- 
pondence   with 
a  foreign  pow- 
er, in  relation  to 
the    Indians — 
and  on  attempt- 
ing to  alienate 
their  confi- 
dence. 


Certain  pro- 
visions of  a  for- 
mer act  applied 
to  this. 

Vol.  i.  743. 


Limitation. 


SIXTH  CONGRESS.    Sess.  1.  Cii.  6, 8, 9, 10.     1800. 


be  in  force  until  the  third  day  of  March,  in  the  year  one  thousand  eight 
hondred  and  two,  and  no  longer. 
Apfroted,  January  17, 1800. 


Chap.  VI*— %Ai  Jirt  torneal  part  rfanaei^  intituled  *^An  act  to  pnmde  for  miti* 
gating  or  remUiing  IheforfeUura^  penaltia  and  diaabiKtieif  accruing  %n  certain 
emaea  tkerein  meniSned^  and  to  eonUnue  inforu  the  rendue  of  the  Mme."(a) 

Be  ii  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled^  That  the  fourth  section  of  an 
act  intituled  "An  act  to  provide  for  mitigating  or  remitting  the  forfeits 
ores,  penalties  and  disabilities,  accruing  in  certain  cases  therein  men- 
tioned," passed  on  the  third  day  of  March,  one  thousand  seven  hundred 
and  ninety-seven,  shall  be,  and  the  same  is  hereby  repealed,  and  the  resi- 
due of  the  said  act  shall  be,  and  the  same  is  hereby  continued  in  full 
Ibrce  without  limitation  of  time. 

Approted,  February  11,  1800. 


Chap.  YIIL — JnJeigimng  further  time  to  the  hoMere  rf  BRUtary  Warrantee  to 
register f  and  locate  the  same* 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  Secretary  of  the 
TVeaauiy  shall,  for  the  space  of  fourteen  days  after  the  expiration  of  the 
nine  months  heretofore  allowed  for  that  purpose,  by  the  act,  intituled 
"An  act  regulating  the  grants  of  land,  appropriated  for  military  services, 
and  far  the  society  of  the  United  Brethren  for  propagating  the  Gospel 
among  the  Heathen,"  register  warrants  for  military  services  in  the  form 
and  manner  as  is  prescribed  by  the  said  recited  act ;  and  the  priority  of 
location  of  said  warrants,  and  the  warrants  registered  under  the  said 
recited  act  shall  be  determined  by  lot,  immediately  after  the  expiration 
of  the  said  fourteen  days,  and  a  day  for  the  location  shall  be  fixed  by  the 
Secretary  of  the  Treasury,  in  a  public  notice  given  in  one  of  the  gazettes 
of  the  city  of  Philadelphia. 

Approved,  February  11, 1800. 


Chap. 


IX.— N^n  Jid  to  suspend  in  part,  an  act,  intituled  ^^An  ad  to  augment  the 
Army  ef  ihe  United  States  i  and  for  other  purposes.*^ 

Be  ii  enacted  by  the  Senate  and  House  of  Representatives  of  the 
VnOed  States  of  America  in  Congress  assembled,  That  all  farther  enlist- 
ments under  the  second  section  of  an  act,  intituled  "An  act  to  augment 
the  army  of  the  United  States,  and  for  other  purposes,"  shall  be  sus- 
pended until  the  further  order  of  Congress,  unless  in  the  recess  of  Con- 
gress, and  during  the  continuance  of  the  existing  differences  between 
the  United  States  and  the  French  Republic,  war  shall  break  out  between 
the  United  States  and  the  French  Republic,  or  imminent  dan|^er  of  in- 
vasion of  their  territory  by  the  said  Republic,  shall,  in  the  opinion  of  the 
President  of  the  United  States,  be  discovered  to  exist 

Approted,  February  20, 1800. 


Chap« 


X«— mAh  Aet  further  to  atupend  the  commercial  iniereouru  between  the 
UmtedSUdes  and  France,  and  the  dependencies  therecf.(b) 

SmenoH  1.  Be  it  enacted  &y  the  Senate  and  House  of  Representatives 
of  the  United  States  of  America  m  Congress  assembled.  That  all  com- 


Statute  L 
Feb.  11, 1800. 

Vol.  i.  606. 


Statute  I. 
Feb.  11, 1800. 

[Obsolete.] 
1796,  ch.  46. 


Statute  I. 
Feb.  20,  1800. 

[ObMlete.] 
Vol.  i.  604. 


Statute  I. 
Feb.  27,  1800. 

[Expired.] 


^  Aet  of  March  3, 1797,  chap.  13. 


(5)  Act  of  February  9, 1799,  chap.  2. 


8 


SIXTH  CONGRESS.    Sess.  I.  Cu.  10.     1800. 


Intercoane 
mupended. 


On  clearing 
other  than  cer- 
tain foreign  vea- 
■ela  for  a  for- 
eign  Toyage,  ae- 
caritj  to  be 
given. 


Maater  of  a 
▼eeael  going  to 
a  French    port 
and  unlading, 
bj  compulaion, 
may   receive 
payment  in 
money  or  bul- 
lion, kc. 


mercial  intercourse  between  any  person  or  persons  resident  within  tlie 
United  States  or  under  their  protection,  and  any  person  or  persons  resi- 
dent within  the  territories  of  the  French  Republic,  or  any  of  the 
dependencies  thereof,  shall  be,  and  from  and  after  the  second  day  of 
March  next,  is  hereby  prohibited  and  farther  suspended,  excepting  only 
in  the  cases  hereinafter  provided.  And  any  ship  or  vessel,  owned,  hired, 
or  employed  wholly  or  in  part  by  any  person  or  persons  resident  within 
the  United  States,  or  any  citizen  or  citizens  thereof  resident  elsewhere, 
and  sailing  therefrom  after  that  day,  which  contrary  to  the  intent  here- 
of, shall  be  voluntarily  carried,  or  ^all  be  destined  or  permitted  to  pro- 
ceed, or  shall  be  sold,  bartered,  entrusted  or  transferred,  for  the  purpose 
that  she  may  proceed,  whether  directly  or  from  any  intermediate  port 
or  place,  to  any  port  or  place  within  the  territories  of  that  Republic,  or 
any  of  the  dependencies  thereof;  or  shall  be  engaged  in  any  traffic  or 
commerce,  by  or  for  any  person  resident  within  the  territories  of  that 
Republic,  or  within  any  of  the  dependencies  thereof;  and  also  any  cargo 
which  shall  be  found  on  board  of  such  ship  or  vessel,  when  detected  and 
interrupted  in  such  unlawful  purpose,  or  at  her  return  from  such  voyage 
to  the  United  States,  shall  be  wholly  forfeited,  and  may  be  seized  and 
condemned  in  any  court  of  the  United  States,  having  competent 
jurisdictiop. 

Sec.  2.  And  be  it  further  enacted,  That  excepting  for  foreign  ships 
or  vessels  owned,  hired,  and  employed  by  persons  permanently  residing 
in  Europe,  and  commanded  and  wholly  navigated  by  foreigners,  no 
clearance  for* a  foreign  voyage  shall  be  granted  to  any  ship  or  vessel 
whatever,  until  the  owner  or  the  employer  for  the  voyage,  or  if  not  resi- 
dent within  the  district  where  the  clearance  shall  be  required,  his  factor 
or  agent,  with  the  master  and  one  or  more  sufficient  surety  or  sureties, 
to  the  satisfaction  of  the  collector  of  the  district,  shall  give  bond  to  the 
United  States;  such  owner,  employer,  or  factor,  with  the  master,  in  a 
sum  equal  to  the  value  of  the  vessel,  and  of  one  third  of  her  cargo ; 
and  such  surety  or  sureties  in  a  like  sum,  when  it  shall  not  exceed  ten 
thousand  dollars ;  and  if  it  shall  exceed,  then  in  that  sum,  with  condi- 
tion that  the  ship  or  vessel  for  which  a  clearance  shall  be  required,  is 
actually  destined,  and  shall  proceed  to  some  port  or  place  without  the 
limits  or  jurisdiction  of  the  French  Republic,  or  any  of  the  dependen- 
cies thereof,  and  during  the  intended  voyage  shall  not  be  voluntarily 
carried,  or  permitted  to  proceed  or  sold,  entrusted  or  transferred,  with 
the  purpose  that  she  may  proceed  whether  directly,  or  from  any  inter- 
mediate port  or  place,  to  any  port  or  place  within  the  territories  of  that 
Republic,  or  any  of  the  dependencies  thereof;  and  shall  not,  at  any  such 
port  or  place,  voluntarily  deliver  or  unlade  any  part  of  such  cargo ;  and 
if  compelled  by  distress  of  weather,  or  taken  by  force  into  any  such 
port  or  place,  will  not  there  receive  on  board  of  such  ship  or  vessel, 
any  goods,  produce,  or  merchandise,  other  than  necessary  sea  stores; 
and  generally,  that  such  ship  or  vessel  shall  not  be  employed  in  any 
traffic  or  commerce,  with  or  for  any  person  resident  within  the  terri- 
tory of  the  French  Republic,  or  any  of  the  dependencies  thereof. 

Sec.  3.  Provided,  and  he  it  further  enacted.  That  when  any  ship  or 
vessel  which  shall  obtain  a  clearance  for  a  foreign  voyage,  after  a  bond 
shall  be  given  as  aforesaid,  shall  be  compelled  by  distress  of  weather,  or 
other  casualty  endangering  the  safety  of  such  ship  or  vessel,  or  of  the 
mariners  on  board  the  same,  or  shall  be  taken  by  any  armed  vessel,  or 
other  superior  force,  into  any  port  or  place  within  the  territories  of  the 
French  Republic,  or  any  of  tne  dependencies  thereof,  and  shall  there 
necessarily  unlade  and  deliver,  or  shall  be  deprived  of  any  cargo  then  on 
board,  then,  and  in  such  case,  the  master  or  other  person  havmg  charge 
of  such  ship  or  vessel,  may  receive  compensation  or  payment  in  bills  of 
exchange,  or  in  money  or  bullion,  for  such  cargo,  but  not  otherwise, 


SIXTH  CONGRESS.     Sess.  I.  Cii.  10.     1800. 


ind  shall  not  be  understood  thereby  to  contravene  this  law,  or  to  incur 
a  forfeiture  of  the  said  bond. 

Sec.  4.  And  he  U  Jvrther  enacted.  That  no  ship  or  vessel  coming 
from  any  port  or  place  within  the  territories  of  the  French  Republic,  or 
any  of  the  dependencies  thereof,  whether  with  or  without  a  cargo,  or 
fitHD  any  other  port  or  place,  with  a  cargo  on  board  obtained  for,  or 
laden  on  board  of  such  vessel  at  any  port  or  place  within  the  said  terri- 
tories or  dependencies,  which  shall  arrive  within  the  limits  of  the  United 
States  after  the  said  second  day  of  March  next,  shall  be  admitted  to  an 
entry  wiUi  the  collector  of  any  district ;  and  each  and  every  such  ship  or 
vessel  which  shall  arrive  as  aforesaid,  having  on  board  any  goods,  wares 
or  merchandise,  destined  to  be  delivered  within  the  United  States,  con- 
trary to  the  intent  of  this  act,  or  which  shall  have  otherwise  contravened 
the  same,  together  with  the  cargo  which  shall  be  found  on  board,  shall 
be  forfeited,  and  may  be  seiz^  and  condemned  in  any  court  of  the 
United  States  having  competent  jurisdiction:  Provided,  that  nothing 
herein  contained  shaO  be  construed  to  prohibit  the  entry  of  any  vessd 
having  a  passport  granted  under  the  authority  of  the  French  Republic, 
and  solely  employed  for  purposes  of  political  or  national  intercourse 
with  the  government  of  the  United  States,  and  not  in  any  commercial 
intercourse,  and  which  shall  be  received,  and  permitted  by  the  President 
of  the  United  States  to  remain  within  the  same :  And  provided  also, 
that  until  the  first  day  of  August  next,  and  no  longer,  any  ship  or  ves- 
sel, wholly  owned  or  employed  by  a  foreigner,  other  than  any  person 
resident  in  France,  or  in  any  of  the  dependencies  of  the  French  Re- 
public, and  which  coming  therefrom  shall  be  destined  to  the  United 
States,  and  shall  arrive  within  the  same,  not  having  otherwise  contra- 
vened this  act,  shall  be  required  and  permitted  to  depart  therefrom,  and 
in  case  she  shall  accordingly  depart,  without  any  unreasonable  delay, 
and  without  delivery,  or  attempting  to  deliver,  any  cargo  or  lading  with- 
in the  United  States,  such  ship  or  vessel,  or  any  cargo  which  may  be  on 
board  the  same,  shall  not  be  liable  to  the  forfeiture  aforesaid. 

Sbc.  5.  And  he  it  jvrther  enacted,  That  if  any  ship  or  vessel,  coming 
from  any  port  or  place  within  the  territories  of  the  French  Republic, 
or  any  of  the  dqpendencies  thereof,  or  with  any  cargo  there  obtained 
on  bcMrd,  but  not  destined  to  any  port  or  place  within  the  United  States, 
shall  be  compeDed  by  distress  of  weather,  or  other  necessity,  to  put  into 
any  port  or  [dace  within  the  limits  of  the  United  States,  such  ship  or 
vessel  shall  be  there  hospitably  received  in  the  manner  prescribed  by 
the  act,  intituled  "An  act  to  regulate  the  collection  of  duties  on  imports 
and  tonnage;"  and  shall  be  permitted  to  make  such  repairs,  and  to 
obtain  such  supplies  as  shall  be  necessary  to  enable  her  to  proceed  ac- 
cording to  her  destination ;  and  such  repairs  and  supplies  being  obtained, 
shall  be  thereafter  required  and  permitted  to  depart.  But  if  such  ship 
or  vessel  shall  not  conform  to  the  regulations  prescribed  by  the  act  last 
mentioned,  or  shaU  unlade  any  part  of  her  cargo,  or  shall  take  on  board 
any  carjpo  or  supplies  whatever,  without  the  permit  of  the  collector  of 
the  district  previously  obtained  therefor,  or  shall  refuse,  or  unreasonably 
delay  to  depart  from  and  out  of  the  United  States,  after  having  received 
a  written  notice  to  depart,  which  such  collector  may,  and  shall  give,  as 
soon  as  such  ship  or  vessel  shall  be  (it  for  sea ;  or  having  departed  shall 
return  to  the  United  Sutes,  not  being  compelled  thereto  by  further  dis- 
tress or  necessity,  in  each  and  every  such  case,  such  ship  or  vessel  and 
her  cargo  shall  be  forfeited  and  may  he  seized,  and  condemned  in  any 
court  of  the  United  States  having  competent  jurisdiction. 

Sbc.  6.  And  he  ii  Jurther  enacted,  That  at  any  time  after  the  passing 
of  this  act,  it  shall  be  lawftd  for  the  President  of  the  United  States,  bv 
his  order  to  remit  and  discontinue  for  the  time  being,  whenever  he  shall 
deem  it  expedient,  and  for  the  interest  of  the  United  States,  all  or  any 

Vol..  II.— 2 


Forfeiture  of 
▼eaiel  ud  car- 
go coming  from 
a  French  port, 
or  fVom  an  in- 
termediate port, 
&c. 


Exceptiona. 


Treatment  of 
▼Mtelt  coming 
from  a  French 
port  or  with  a 
cargo   therein 
obtained,  and 
puttinff  in 
througn  atrcM 
of  weather,  &c. 

Vol.  i.  627. 


The  Preaident 
may  remit  the 
prohibition  of 
intercourse  and 
renew  it  again. 


10 


How  Hiipa- 
niola  shall  be 
considered  un- 
der this  act. 


President  may 
instmct  the  pub- 
lic armed  ships 
to  stop  vessels 
contravening 
this  act. 


Penalties  may 
be    mitigated, 
Blc, 


Vol.  i.  606. 
Distribution  of 
penalties. 


Vol.  i.  716. 


Vol.  i.  697. 

President  may 
grant   permis- 
sion to  enter  and 
clear  in  certain 
cases. 


Former  act 
continued  in 
part. 

Vol.  i.  613. 


Limitation  of 
this  act. 


SIXTH  CONGRESS.     Sess.  I.  Cii.  10.     1800. 

of  the  restraints  and  prohibitions  imposed  by  this  act,  in  respect  to  the 
territories  of  the  French  Republic,  or  to  any  island,  port  or  place  be- 
longing to  the  said  Republic,  with  which  in  his  opinion  a  commercial 
intercourse  may  be  safely  renewed ;  and  also  it  shall  be  lawful  for  the 
President  of  the  United  States,  whenever  he  shall  afterwards  deem  it 
expedient,  to  revoke  such  order,  and  hereby  to  re-establish  such  restraints 
and  prohibitions.  And  the  President  of  the  United  States  shall  be,  and 
he  is  hereby  authorized,  to  make  proclamation  thereof  accordingly. 

Sec.  7.  And  be  it  further  enacted.  That  the  whole  of  the  island  of 
Hispaniola  shall  for  the  purposes  of  this  act  be  considered  as  a  depen- 
dency of  the  French  Republic :  Provided,  that  nothing  herein  contained 
shall  be  deemed  to  repeal  or  anuul  in  any  part,  the  order  or  proclama- 
tion of  the  President  of  the  United  States,  heretofore  issued  for  per- 
mitting commercial  intercourse  with  certain  ports  of  that  island. 

Sec.  8.  And  be  it  further  enacted,  That  it  shall  be  lawful  for  the 
President  of  the  United  States,  to  give  instructions  to  the  public  armed 
vessels  of  the  United  States,  to  stop  and  examine  any  ship  or  vessel  of 
the  United  States  on  the  high  sea,  which  there  may  be  reason  to  suspect 
to  be  engaged  in  any  traffic  or  commerce  contrary  to  this  act,  and  if 
upon  examination,  it  shall  appear  that  such  ship  or  vessel  is  bound  or 
sailing  to,  or  from  any  port  or  place,  contrary  to  the  true  intent  and 
meaning  of  this  act,  it  shall  be  the  duty  of  the  commander  of  such 
public  armed  vessel,  to  seize  every  ship  or  vessel  engaged  in  such  illicit 
commerce,  and  send  the  same  to  the  nearest  convenient  port  of  the 
United  States,  to  be  there  prosecuted  in  due  course  of  law,  and  held 
liable  to  the  penalties  and  forfeitures  provided  by  this  act. 

Sec.  9.  And  be  it  further  enacted.  That  all  penalties  and  forfeitures 
incurred  by  force  of  this  act,  shall,  and  may  be  examined,  mitigated 
and  remitted  in  like  manner,  and  under  the  like  conditions,  regulations 
and  restrictions,  as  are  prescribed,  authorized  and  directed  by  the  act, 
intituled  "An  act  to  provide  for  mitigating,  or  remitting,  the  forfeitures, 
penalties  and  disabilities  accruing  in  certain  cases  therein  mentioned ;" 
and  all  penalties  and  forfeitures,  which  may  be  recovered  in  pursuance 
of  this  act  in  consequence  of  any  seizure  made  by  the  commander  of 
any  public  armed  vessel  of  the  United  States,  shall  be  distributed  accord- 
ing to  the  rules  prescribed  by  the  act,  intituled  ''An  act  for  the  govern- 
ment of  the  navy  of  the  United  States ;"  and  all  other  penalties  arising 
under  this  act,  and  which  may  be  recovered,  shall  be  distributed  and 
accounted  for  in  the  manner  prescribed  by  the  act,  intituled  "An  act 
to  regulate  the  collection  of  duties  on  imports  and  tonnage." 

Sec.  10.  And  be  it  further  enacted,  That  nothing  contained  in  this 
act  shall  extend  to  any  ship  or  vessel  to  which  the  President  of  the 
United  States  shall  grant  a  permission  to  enter  and  clear ;  provided  such 
ship  or  vessel  shall  be  solely  employed,  pursuant  to  such  permission,  for 
purposes  of  national  intercourse ;  and  shall  not  be  permitted  to  proceed 
with,  or  to  bring  to  the  United  States  any  cargo  or  lading  whatever 
other  than  necessary  sea-stores. 

Sec.  U.  And  be  it  further  enacted.  That  the  act,  intituled  "An 
act  further  to  suspend  Uie  commercial  intercourse  between  the  United 
States  and  France,  and  the  dependencies  thereof,"  shall  be,  and  is  here- 
by continued  and  shall  be  taken  to  be  in  force  in  respect  to  all  offences, 
which  shall  have  been  committed  against  the  same,  before  the  expira- 
tion thereof;  and  to  the  intent  that  aU  seizures,  forfeitures  and  penalties 
arising  upon  such  offences,  may  be  had,  sued  for,  prosecuted  and  reco- 
vered, any  limitation  of  the  said  act  to  the  contrary  hereof  notwith- 
standing. 

Sec.  12.  And  be  it  further  enacted,  That  this  act  shall  be  and  remain 
in  force  until  the  third  day  of  March,  one  thousand  eight  hundred  and 
one :     Providrd,  hfnrrrrr,  the  expiration  thereof  shall  not  prevent  oi 


SIXTH  CONGRESS.    Sess.  I.  Cu.  12.    1800. 


11 


defeat  any  seizure,  or  prosecution  for  a  forfeiture  incurred  under  this 
act,  and  during  the  continuance  thereof. 
Approved,  February  27,  1800. 


Chap.  XIl.— ^n  Act  providing  for  the  geamd  Census  or  enumeration  of  the  In* 
habiianU  rf  the  United  Staies.{a) 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Representatives 
of  the  United  States  of  America  in  Congress  assembled,  That  the  mar- 
shals of  the  several  districts  of  the  United  States  and  the  secretaries  of 
the  territory  of  the  United  States  northwest  of  the  rjvcr  Ohio,  and  of 
the  Mississippi  territory,  respectively,  shaU  be,  and  they  are  hereby 
authorized  and  required,  under  the  direction  of  the  Secretary  of  State, 
and  according  to  such  instructions  as  he  shall  give  pursuant  to  this  act, 
to  cause  the  number  of  the  inhabitants  within  their  respective  districts 
and  territories  to  be  taken ;  omitting  in  such  enumeration,  Indians  not 
taxed,  and  distinguishing  free  persons,  including  those  bound  to  service 
for  a  terra  of  years  from  all  others ;  distinguishing  also  the  sexes  and  co- 
lours of  free  persons  and  the  free  males  under  ten  years  of  age;  those  of 
ten  years  and  under  sixteen ;  those  of  sixteen  and  under  twenty-six;  those 
of  twenty-six  and  under  forty-five;  those  of  forty-five  and  upwards:  and 
distinguishing  free  females  under  ten  years  of  age ;  those  of  ten  years 
and  under  sixteen ;  those  of  sixteen  and  under  twenty-six ;  those  of 
twenty-six  and  under  forty-five;  those  of  forty-five  and  upwards:  for 
effecting  which  purpose,  the  marshals  and  secretaries  aforesaid  shall  have 
power  to  appoint  as  many  assistants  within  their  respective  districts  and 
territories,  as  aforesaid,  as  to  them  shall  appear  necessary ;  assigning  to 
each  assistant  a  certain  division  of  his  district  or  territory,  which  divi- 
sioo  shall  consist  of  one  or  more  counties,  cities,  towns,  townships,  hun- 
dreds or  parishes,  or  of  a  territory  plainly  and  distinctly  bounded  by 
water-courses,  mountains  or  public  roads.  The  marshals  or  secretaries, 
as  the  case  may  be,  and  their  assistants,  shall,  respectively,  take  an  oath 
or  affirmation,  before  some  judge  or  justice  of  the  peace,  resident  within 
their  req>ective  districts  or  territories,  previous  to  their  entering  on  the 
discharge  of  the  duties  by  this  act  required.  The  oath  or  affirmation  of 
the  marshal  or  secretary  shall  be, — "  I,  A.  B.,  marshal  of  the  district  of 
(or  secretary  of  the  territory  of  as  the 

case  may  be),  do  solemnly  swear  or  affirm,  that  I  will  well  and  truly 
cause  to  be  made,  a  just  and  perfect  enumeration  and  description  of  all 
persons  resident  within  my  district  or  territory,  and  return  Uie  same  to 
the  Secretary  of  State,  agreeablv  to  the  directions  of  an  act  of  Congress, 
iotitttled  '  an  act  providing  for  the  enumeration  of  the  inhabitants  of  the 
United  States,'  according  to  the  best  of  my  ability.''  The  oath  or  affir- 
mation of  an  assistant  shul  be, — "  I,  A.  B.,  do  solemnly  swear,  (or  affirm) 
that  I  will  make  a  just  and  perfect  enumeration  and  description  of  all 
persons  resident  within  the  division  assigned  to  me  by  the  marshal  of  the 
district  of  (or  the  secretary  of  the  territory  of 

as  the  case  may  be),  and  make  due  return  thereof  to  the  said  marshal, 
or  secretary,  a^eeably  to  the  directions  of  an  act  of  Congress,  intituled 
'  an  act  providmg  for  the  enumeration  of  the  inhabitants  of  the  United 
States,'  according  to  the  best  of  my  abilities."  The  enumeration  shall 
commence  on  the  first  Monday  of  August  next,  and  shall  close  within 
nine  calendar  months  thereafter.  The  several  assistants  shall,  within 
the  said  nine  months,  transmit  to  the  marshal  or  secretaries,  by  whom 
they  shall  be  respectively  appointed,  accurate  returns  of  all  persons,  ex- 
eepi  Indians  not  taxed,  within  their  respective  divisions ;  which  returns 
shall  be  made  in  a  schedule,  distinguishing  in  each  county,  parish,  town- 


Statute  I. 
Feb.  38, 1800. 

[Obsolete.] 
Manhala  of 
the  districts  and 
secretaries  of 
the  territories  to 
ctase  an  enu- 
meration to  be 
taken. 


Indians  not 
tszed  not  to  be 
enumerated. 


They  may  ap- 
point assistants. 


Oath   to   be 
taken  bj  the 
marshals,  secre- 
taries and  their 
assistants 


1800,  ch.  23. 


Cosmience- 
ment  and  close 
oftheenamera- 
tion. 

Assistants  to 
make  returns. 


(tf)  See  note  to  act  of  March  1,  1790,  chap.  22,  Vol.  i.  101. 


12 


SIXTH  COiNGKESS.     Sess.  I.  Ch.  12.     1800. 


Fom 
tttru. 


of  ro-  ship,  town  or  city,  the  several  families,  by  the  names  of  their  master, 
mistress,  steward,  overseer  or  other  principal  person  therein,  in  the  man- 
ner following;  that  is  to  say :  the  number  of  persons  within  my  division, 
consisting  of  appears  in  a  schedule  hereto  annexed,  sub- 

scribed by  me  this  day  of  A.  B.,  assistant 

to  the  marshal  of  or  to  the  secretary  of 

SchBttule  cf  the  whoU  number  qf  pertotu  vHthin  the  divition  allotted  to  A.  B. 


^1 

m 

If 


r!8 
si's 


1-8  "^ 


Hi 


III 

is 


I 


I 

St 

1^ 


1-9  J 

•  a  1 
t^'S  8 


I 


ll 


1 
HI 


1^ 


I 


Penalty  on  it* 
Bisunti  making 
no  return,  or  a 
falte  one. 

Marthila  and 
■ecretariea    to 
file  their  assitt- 
anta*  retama 
with  the  elerka 
of  certain 
courts,  and 
make  aggregate 
retuna   to   the 
Secretary  of 
SUte. 


Certain  jodgea 
to  give  tnia  act 
in  cnarge  to  the 
grand  Juriea. 


to 


Compenaation 


Sec.  2.  And  be  it  fiarther  enacted,  That  every  assistant,  failing  to 
make  a  proper  return,  or  making  a  false  return  of  the  enumeration  to 
the  marshal  or  the  secretary  (as  the  case  may  be)  within  the  time  by 
this  act  limited,  shall  forfeit  the  sum  of  two  hundred  dollars. 

Sec.  3.  And  be  it  Jvrther  enacted.  That  the  marshal  and  secretaries 
shall  file  the  several  returns  aforesaid,  with  the  clerks  of  their  respective 
district  or  superior  courts  (as  the  case  may  be)  who  are  hereby  directed 
to  receive  and  carefully  preserve  the  same :  and  the  marshals,  or  secre- 
taries, respectively,  shall,  on  or  before  the  first  day  of  September,  one 
thousand  eight  hundred  and  one,  transmit  to  the  Secretary  of  State,  the 
aggregate  amount  of  each  description  of  persons  within  their  respective 
districts  or  territories.  And  every  marshal  or  secretary  failing  to  file 
the  returns  of  his  assistants  or  any  of  them,  with  the  clerks  of  their 
respective  courts  as  aforesaid,  or  failing  to  return  the  aggregate  amount 
of  each  description  of  persons  in  their  respective  districts  or  territories, 
as  the  same  shall  appear  from  said  returns,  to  the  Secretary  of  State, 
within  the  time  limited  by  this  act,  shall,  for  every  such  offence,  forfeit 
the  sum  of  eight  hundred  dollars ;  all  which  forfeitures  shall  be  recover- 
able in  the  courts  of  the  districts  or  territories  where  the  offences  shall 
be  committed,  or  in  the  circuit  courts  to  be  held  within  the  same,  by 
action  of  debt,  information  or  indictment ;  the  one  half  thereof  to  the 
use  of  the  United  States,  and  the  other  half  to  the  informer ;  but  where 
the  prosecution  shall  be  first  instituted  on  behalf  of  the  United  States, 
the  whole  shall  accrue  to  their  use.  And  for  the  more  effectual  disco- 
very of  offences,  the  judges  of  the  several  district  courts  in  the  several 
districts,  and  of  the  supreme  courts,  in  the  territories  of  the  United 
States,  as  aforesaid,  at  tneir  next  sessions,  to  be  held  after  the  expira- 
tion of  the  time  allowed  for  making  the  returns  of  the  enumeration 
hereby  directed,  to  the  Secretary  of  State,  shall  give  this  act  in  charge 
to  the  grand  juries,  in  their  respective  courts,  and  shall  cause  the  returns 
of  the  several  assistants  to  be  laid  before  them  for  their  inspection. 

Sec.  4.  And  be  it  Jvrther  enacted.  That  every  assistant  shall  receive 
at  the  rate  of  one  dollar,  for  every  hundred  persons  by  him  returned, 
where  such  persons  reside  in  the  country,  and  where  such  persons  reside 
in  a  city  or  town,  containing  more  than  three  thousand  persons,  such 


SIXTH  CONGRESS.    S£88. 1.  Cii.  IZ.    1800. 


13 


taustant  shall  receive  at  the  rate  of  one  dollar  for  every  three  hundred 
ptfBonSy  bat  where,  from  the  dispersed  situation  of  the  inhabitants  in 
some  divisions^  one  dollar  for  every  one  hundred  persons  shall  be  insuffi- 
cient,  the  marshals  or  secretaries,  with  the  approbation  of  the  judges 
of  their  req>ective  districts  or  territories,  may  make  such  further  allow- 
ance to  the  assistants  in  such  divisions,  as  shall  be  deemed  an  adequate 
CfMnpensation :  Provided,  the  same  does  not  exceed  one  dollar  for  every 
fifty  persons  by  them  returned.  The  several  marshals  and  secretaries 
shall  receive  as  follows :  The  marshal  of  the  district  of  Maine,  two  hun- 
dred dollars ;  the  marshal  of  the  district  of  New  Hampshire,  two  hun- 
dred dollars ;  the  marshal  of  the  district  of  Massachusetts,  three  hundred 
dollars;  the  marshal  of  the  district  of  Rhode  Island,  one  hundred  and  fifty 
dollars;  the  marshal  of  the  district  of  Connecticut,  two  hundred  dollars; 
the  marshal  of  the  district  of  Vermont,  two  hundred  dollars ;  the  marshal 
of  the  district  of  New  York,  three  hundred  dollars;  the  marshal  of  the 
district  of  New  Jersey,  two  hundred  dollars ;  the  marshal  of  the  district 
of  Pennsylvania,  three  hundred  dollars ;  the  marshal  of  the  district  of 
Delaware,  one  hundred  dollars;  the  marshalof  the  district  of  Maryland, 
three  hundred  dollars ;  the  marshal  of  the  district  of  Virginia,  five  hun- 
dred dollars;  the  marshal  of  the  district  of  Kentucky,  two  hundred  and 
fifty  dollars ;  the  marshal  of  the  district  of  North  Carolina,  three  hun- 
dred and  fifty  dollars;  the  marshal  of  the  district  of  South  Carolina, 
three  hundred  dollars ;  the  marshal  of  the  district  of  Georgia,  two  hun- 
dred and  fifty  dollars ;  the  marshal  of  the  district  of  Tennessee,  two 
hundred  dollars;  the  secretary  of  the  territory  of  the  United  States 
northwest  of  the  Ohio,  two  hundred  doUars ;  the  secretary  of  the  Missis- 
sippi territory,  one  hundred  dollars. 

Sec.  5.  And  be  it  Jvrther  enacted,  That  every  person  whose  usual 
place  of  abode  shall  be  in  any  family  on  the  aforesaid  first  Monday  in 
August  next,  shall  be  returned  as  of  such  family,  and  the  name  of  every 
person,  who  shall  be  an  inhabitant  of  any  district  or  territory,  but  with- 
out a  settled  place  of  residence,  shall  be  inserted  in  the  column  of  the 
aforesaid  schedule,  which  is  allotted  for  the  h^ads  of  families  in  that 
division  where  he  or  she  shall  be,  on  the  said  first  Monday  in  August 
next,  and  every  person  occasionally  absent  at  the  time  of  the  enumera- 
tion, as  belonging  to  that  place  in  which  he  or  she  usually  resides  in  the 
United  States. 

Sec.  6.  And  be  it  further  enacted,  That  each  and  every  fi-ee  person, 
more  than  sixteen  years  of  age,  whether  heads  of  families  or  not,  belong- 
ing to  any  family  within  any  division,  district  or  territory  made  or  estab- 
lished within  the  United  States,  shall  be,  and  hereby  is  obliged  to  ren- 
der to  such  assistant  of  the  division,  a  true  account,  if  required,  to  the 
best  of  his  or  her  knowledge,  of  all  and  every  person  belonging  to  such 
family  respectively,  according  to  the  several  descriptions  aforesaid,  on 
pain  of  forfeiting  twenty  doHars,  to  be  sued  for  and  recovered  by  such 
assistant,  the  one  half  for  his  own  use  and  the  other  half  to  the  use  of 
the  United  States. 

Sec.  7.  And  be  it  further  enacted,  That  each  assistant  shall,  previous 
to  making  his  returns  to  the  marshal  or  secretary  (as  the  case  may  be) 
cause  a  correct  copy,  signed  by  himself,  of  the  schedule  containinff  the 
number  of  inhabitants  within  his  division,  to  be  set  up  at  two  of  the 
most  public  places  within  the  same,  there  to  remain  for  the  inspection 
of  aU  concerned,  for  each  of  which  copies  the  said  assistant  shall  be  en- 
titled to  receive  two  dollars ;  provided,  proof  of  the  schedule  having  been 
80  set  up  and  suffered  to  remain,  shall  be  transmitted  to  the  marshal  or 
secretary  (as  the  case  may  be)  with  the  return  of  the  number  of  the  per- 
sons, and  in  case  any  assistant  shall  fail  to  make  such  proof  to  the  mar- 
shal or  secretary,  as  aforesaid,  he  shall  forfeit  the  compensation  by  this 
act  allowed  him. 

B 


Compenaation 
to  the  manhila. 


HowtraoBient 
pereoDB  and  ab- 
■enteea  are  to 
be  retained. 


Free  pertona 
above  nzteen 
^eara  old  to  give 
information  to 
the  aasiatants. 


AMiitanti  to 
pott   up   their 
■chedulet  ofthe 
nnmber  of  in- 
habitanta,  Ik. 


14 


SIXTH  CONGRESS.     Suss.  I.  Cu.  13.     1800. 


Secretary  of 
State  to  give  in- 
■tractiont   for 
cairying  this  act 
into  effect,  kc. 


Statute  I. 
March  1,1800. 


Points  of  in- 
tersection of  the 
lines  actually 
run  are  to  be 
considered  as 
the  comers  of 
townships. 

Vol.  i.  490. 


Boundaries  oP 
quarter  town- 
snips,  where 
they  are  sUted 
to  contain  four 
thousand  acres. 


Boundaries  of 

auarter  town- 
iiips,  where 
they  are  stated 
to  contain  more 
or  less  than  four 
thousand  acres. 

Method  of  run- 
ning lines. 


Locations  may 
be  made  on  the 
general  tract  by 
the  holders  of 
warrants  for 
military  ser- 
vices. 


Sec.  8.  And  be  it  Jwrther  enacted,  That  the  Secretary  of  State  shall 
be,  and  hereby  is  authorized  and  required  to  transmit  to  the  marshals  of 
the  several  states  and  to  the  secretaries  aforesaid,  regulations  and  instruc- 
tions pursuant  to  this  act,  for  carrying  the  same  into  effect,  and  also  the 
forms  contained  therein  of  schedule  to  be  returned,  and  proper  inter- 
rogatories to  be  administered  by  the  several  persons  who  shall  be  em- 
ployed therein. 

Approved,  February  28, 1800. 


Chap.  XIII.^-w9»  Jet  in  addition  to  an  act  intituled  ^^Jtn  act  regulating  the  grants 
of  land  appropriated  for  Military  aerviees^,  and  for  the  Society  of  the  united 
urethren  for  propagating  the  Gospel  atnong  the  Heathen,^* {a) 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Representatives 
of  the  United  States  of  America  in  Congress  assembled.  That  the  respec- 
tive points  of  intersection  of  the  lines  actually  run,  as  the  boundaries  of 
the  several  tov^nships  surveyed  by  virtue  of  the  act  intituled  '<An  act 
regulating  the  grants  of  land  appropriated  for  military  services  and  for 
the  society  of  the  United  Brethren  for  propagating  the  Gospel  among 
the  Heathen,"  accordingly  as  the  said  lines  have  been  marked  and  as- 
certained at  the  time  when  the  same  were  run,  notwithstanding  the  same 
are  not  in  conformity  to  the  act  aforesaid,  or  shall  not  appear  to  corre- 
spond with  the  plat  of  the  survey  which  has  been  returned  by  the  Sur* 
veyor  General,  shall  be  considered,  and  they  are  hereby  declared  to  be 
the  corners  of  the  said  townships :  That  in  regard  to  every  such  town- 
ship as  by  the  plat  and  survey  returned  by  the  Surveyor  General  is  stated 
to  contain  four  thousand  acres  in  each  quarter  thereof,  the  points  on 
each  of  the  boundary  lines  of  such  township,  which  are  at  an  equal  dis- 
tance from  those  two  corners  of  the  same  township,- which  stand  on  the 
same  boundary  line,  shall  be  considered  and  they  are  hereby  declared 
to  be  corners  of  the  respective  quarters  of  such  township ;  that  the  other 
boundary  lines  of  the  said  quarter  townships  shall  be  straight  lines  run 
from  each  of  the  last  mentioned  corners  of  quarter  townships  to  the 
corner  of  quarter  townships  on  the  opposite  boundary  line  of  the  same 
township ;  and  that  in  regard  to  every  such  township  as  by  the  said  re- 
turn is  stated  to  contain  in  any  of  the  quarters  thereof  more  or  less  than 
the  quantity  of  four  thousand  acres,  the  corners  marked  in  the  boundary 
lines  of  such  township  to  designate  the  quarters  thereof,  shall  be  consid- 
ered and  they  are  hereby  declared  to  be  the  corners  of  the  quarter  town- 
ships thereof,  although  the  same  may  be  found  at  unequal  distances  from 
the  respective  corners  of  such  townships :  And  such  townships  shall  be 
divided  by  running  lines  through  the  same  from  the  corners  of  the  quar- 
ter townships  actually  marked,  whether  the  interior  lines  thus  extended 
shall  be  parallel  to  the  exterior  lines  of  the  said  township  or  not ;  and 
that  each  of  the  said  quarter  townships  thus  bounded,  shall,  in  every  pro- 
ceeding to  be  had  under  the  above-mentioned  or  this  act,  be  considered 
as  containing  the  exact  quantity  expressed  in  the  plat  and  survey  thereof 
returned  by  the  Surveyor  General. 

Sec.  2.  And  be  it  further  enacted.  That  it  shall  be  lawful  for  the  pro- 
prietors or  holders  of  warrants  for  military  services,  which  have  been,  or 
shall  be  registered  at  the  treasury  in  pursuance  of  the  act  intituled  "An 
act  regulating  the  grants  of  land  appropriated  for  military  services,  and 
for  the  Society  of  the  United  Brethren,  for  propagating  the  Gospel  among 
the  Heathen,"  during  the  time,  in  the  manner,  and  according  to  the 
rights  of  priority,  which  may  be  acquired  in  pursuance  of  said  act,  to 
locate  the  quantities  of  land  mentioned  in  the  warrants  by  them  respec- 
tively registered,  as  aforesaid,  on  any  quarter  township  or  fractional  part 


(d\  Act  of  Jane  1,  1796,  chap.  46;  act  of  Maich  2, 1799,  chap.  39;  act  of  April  26, 1802,  chap.  30. 


SIX!  H  COiNGRESS.     Sess.  I.  Cii.  13.     1800. 


15 


of  «  quarter  township,  in  the  general  tract  mentioned  and  described  in 
nid  act :  Promded  ahoays,  that  the  fractional  quarter  townships  upon 
the  river  Sciota,  and  those  upon  the  river  Muskingum  adjoining  the 
grant  made  to  Ebenezer  Zane,  or  the  towns  Salem,  Gnadenhutten  or 
Shoenbrun,  or  the  Indian  boundary  line,  shall  in  every  case  be  accepted 
and  taken  in  full  satisfaction  for  four  thousand  acres. 

Sec.  3.  And  be  it  Jurther  enacted^  That  whenever  locations  shall  be 
made  on  any  quarter  township,  which,  according  to  the  actual  survey 
and  plat  thereof,  returned  by  the  Surveyor  General,  is  stated  to  contain 
leas  than  the  quantity  of  four  thousand  acres,  except  in  the  case  of  frac- 
tions provided  for  in  the  preceding  section,  it  shall  be  lawful  for  the 
Secretary  of  the  Treasury  to  issue,  or  cause  to  be  issued,  certificates, 
ezpreasing  the  number  of  acres  remaining  unsatisfied  of  any  registry  of 
warrants  for  the  quantity  of  four  thousand  acres,  made  in  pursuance  of 
the  act  before  recited,  which  certificates  shall  have  the  same  validity  and 
eflect,  and  be  liable  to  be  barred  in  like  manner  as  warrants  granted  for 
mifitarj  aenrices,  but  no  certificate  shall  be  granted,  nor  any  claim 
allowed  for  leas  than  fifty  acres,  nor  for  the  navigable  water  contained 
within  the  limits  of  any  quarter  township  or  fractional  quarter  township. 
Sec.  4.  And  be  it  further  enacted^  That  whenever  a  location  shall 
be  made  on  any  quarter  township,  which,  according  to  the  actual  sur- 
vej  and  plat  thereof,  returned  by  the  Surveyor  General,  is  stated  to 
exceed  the  quantity  of  four  thousand  acres,  no  patent  shall  be  issued  in 
porsaamce  thereof,  until  the  person  making  such  location,  shall  deposit 
at  the  treasury,  warrants  for  military  services  or  certificates  issued  by 
virtue  of  the  preceding  section,  equal  to  the  excess  above  four  thousand 
acres,  contained  in  such  quarter  township,  or  shall  pay  into  the  treasury 
of  the  United  States  two  dollars  per  acre,  in  the  certificates  of  the  six 
per  cent,  liinded  debt  of  the  United  States,  or  money,  for  each  acre  of 
the  excess  above  four  thousand  acres  as  aforesaid. 

Sec.  5.  And  be  it  Jiarther  enacted,  That  afler  the  priority  of  location 
shall  have  been  determined,  and  afler  the  proprietors  or  holders  of  war- 
rants for  military  services  shall  have  designated  the  tracts  by  them  respec- 
tivdy  dected ;  it  shall  be  the  duty  of  the  Secretary  of  the  Treasury  to 
designate  by  lot,  in  the  presence  of  the  Secretary  of  War,  fifty  quarter 
townships,  of  the  lands  remaining  unlocated,  which  quarter  townships, 
together  with  the  fractional  parts  of  townships  remaining  unlocated, 
ahaD  be  reserved  for  satisfying  warrants  granted  to  individuals  for  their 
military  services,  in  the  manner  hereafter  provided. 

Sec.  6.  And  be  it  Jurther  enacted,  That  the  land  in  each  of  the 
quarter  townships  designated  as  aforesaid,  and  in  such  of  the  firactional 
parts  of  quarter  townships,  as  may  then  remain  unlocated,  shall  be  di- 
^dedbythe  Secretary  of  the  Treasury,  upon  the  respective  plats  thereof, 
as  returned  by  the  Surveyor  General,  into  as  many  lots,  of  one  hundred 
acres  each,  as  shall  be  equal,  as  nearly  as  may  be,  to  the  quantity  such 
quarter  township  or  fraction  is  stated  to  contain ;  each  of  which  lots  shall 
be  included,  where  practicable,  between  parallel  lines,  one  hundred  and 
Bxty  perches  in  length,  and  one  hundred  perches  in  width,  and  shall  be 
deagnated  by  progressive  numbers  upon  the  plat,  or  survey  of  every 
such  quarter  township  and  fraction  respectively. 

Sec.  7.  And  be  it  Jurther  enacted.  That  from  and  afler  the  sixteenth 
day  of  March  next,  it  shall  be  lawful  for  the  hdder  of  any  warrant 
granted  for  military  services,  to  locate,  at  any  time  before  the  first  day 
of  January,  one  thousand  eight  hundred  and  two,  the  number  of  hun- 
dred acres  expressed  in  such  warrant,  on  any  lot  or  lots,  from  time  to 
time,  remaining  unlocated  within  the  tracts  reserved  as  aforesaid,  and 
upon  surrendering  such  warrant  to  the  treasury,  the  holder  thereof 
shall  be  entided  to  receive  a  patent  in  the  manner,  and  upon  the  condi- 
tions heretofore  prescribed  by  law ;  which  patent  shall  in  every  case 


Certain  frac- 
tional   quarter 
townshipa  to  bo 
taken  ror   four 
tbouiand  acres. 

Vol.  i.  491. 

When  loca. 
tiona  are  made 
on  quarter 
township! 
stated   to    con- 
tain    less    than 
four  thousand 
acres,  the  Sec- 
retary of  Trea- 
sury shall  cause 
certificates  to  be 
issued  for  the 
deficiency. 


What  is  to  be 
done  when  they 
are   made    on 
quarter  town- 
ships  stated  to 
contain  more 
than  four  thou- 
sand acres. 


Land  at  two 
dollars  per  acre. 

Reservations 
for  satisfying 
warrants  grant- 
ed to  individu- 
als for  their  scr- 
vices. 


Reservations 
to  bo  divided 
into  lots  of  one 
hundred  acres. 


Manner  in 
which  they  shall 
be  surveyed. 


Holders  of 
such  warrants 
may  make  loca- 
tions on   those 
lots,    and    re- 
ceive patents  to 
their  own    use 
only,  afler  16th 
March,  1800, 
and  before  Jan. 
1st,  1802. 

Post  155. 


15 


SIXTH  CONGRESS.    Sesu.  I.  Cii.  14.     1800. 


VoL  i.  464. 
Vol.  i.  491. 


Upon 
der  of  wurrant 
■hall  roceivo 
potent. 


Whore  loco- 


the   Mrao 
tact,  priority 
to  bo  aetonnin* 
od  by  loL 

Poblie  notioo 
to  bo  giTon  of 
the  roeenrmtiono 
by  the  Soere- 
Ury  of  the 
Trotniry. 

The  plat  re- 
tained by  the 
Sorfoyor    Gon* 
onl  to  bo  eon- 
closiTo   aa   to 
quantity. 


express  the  range,  township,  quarter  township  or  (/action,  and  number  of 
the  lot  located  as  aforesaid.  But  no  location  shall  be  allowed,  nor  shall 
any  patent  be  issued  for  any  lot  or  lots  of  one  hundred  acres,  except  in 
the  name  of  the  person  originally  entitled  to  such  warrant,  or  the  heir 
or  heirs  of  the  person  so  entitled ;  nor  shall  any  land,  so  located  and 
patented,  to  a  person  originaUy  entitled  to  such  warrant,  be  considered 
as  in  trust  for  any  purchaser,  or  be  subject  to  any  contract  made  before 
the  date  of  such  patent,  and  the  title  to  lands  acquired,  in  consequence 
of  patents  issued  as  aforesaid,  shaU  and  may  be  alienated  in  pursuance 
of  the  laws,  which  have  been,  or  shall  be  passed  in  the  territory  of  the 
United  States,  northwest  of  the  river  Ohio,  for  regulating  the  transfer 
of  real  property,  and  not  otherwise. 

Sbc.  8.  And  be  it  Juriher  enacted.  That  in  all  cases  after  the  six- 
teenth of  March  next,  where  more  than  one  application  is  made  for  the 
same  tract,  at  the  same  time,  under  this  act,  or  under  the  act  to  which  this 
is  in  addition,  the  Secretary  of  the  Treasury  shall  determine  the  priority 
of  location  by  lot 

Sbc.  9.  And  be  it  further  enacted.  That  it  shaU  be  the  duty  of  the 
Secretary  of  the  Treasury  to  advertise  the  tracts  which  may  be  reserved 
for  location,  in  lots  of  one  hundred  acres,  in  one  newspaper  in  each  of 
the  states,  and  in  the  territory  aforesaid,  for  and  during  the  term  of 
three  months. 

Sbc.  10.  And  be  U  Jurtker  enacted,  That  the  actual  plat  and  survey, 
returned  by  the  Surveyor  General,  of  quarter  townships  and  fractional 
parts  of  quarter  towndiips,  contained  in  the  tract  mentioned  and  de- 
scribed in  the  act  to  which  this  is  a  supplement,  shall  be  considered  as 
final  and  conclusive,  so  far  as  relates  to  the  quantity  of  land  supposed  to 
be  contained  in  the  qutirter  townships,  and  fractions,  so  that  no  claim 
shall  hereafter  be  set  up  against  the  United  States,  by  any  proprietor,  or 
holder  of  warrants  for  military  services,  on  account  of  any  deficiency  in 
the  quantity  of  land  contained  in  the  quarter  township  or  firactional  part 
of  a  quarter  township,  which  shall  have  been  located  by  such  proprietor 
or  hdder,  nor  shall  any  daim  be  hereafter  set  up  by  Uie  United  States, 
against  such  proprietor  or  holder,  on  account  of  any  excess  In  the  quan- 
tity of  land  contained  therein. 

Appbovbd,  March  I,  1800. 


Statutx  I.  

Maieh  3, 1800.  Crap.  XIV.— m^h  Jiet  pnmdit^  for  Salvage  in  eoief  of  JieetqUure.{a) 

Sbction  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre$entaHf)es 
of  the  United  States  of  America  in  Congress  assembled.  That  when  any 

(o)  Salvage  on  reeaptore.  Salvage  ia  a  compensation  (or  actual  aenriceo  rendered  in  eamg  the  propeny 
chaiged  wiSi  it ;  and  it  ia  demandMle  of  right  for  vohoIs  taved  from  the  enemy,  or  from  piratea.  There 
moat  bo  meritonona  aerrices,  and  the  taking  mott  be  lawful.  Talbot  v.  Seaman,  1  Cranch,  1 ;  1  Cond. 
Rop.8S9. 

On  the  recapture  of  a  veaiel  by  a.  neutral  venel,  no  claim  for  aaltage  can  ariae,  for  the  recapture  waa 
a  hostile  act,  not  justified  by  the  sitnafion  of  the  nation  to  which  the  recapturing  ▼easel  belongs,  in  rela. 
tion  to  that  fhnn  the  possession  of  which  the  recoptored  vessel  was  taken.  The  degree  of  service  ren- 
dered in  such  a  case,  is  precisely  the  same  as  if  it  had  been  rendered  by  a  belligerent;  yet  the  rights 
accruing  from  the  recapture  are  different,  because  no  right  can  accrae  frem  an  act  which  waa  unlawful. 

American  property  recaptured  was  restored  on  payment  of  salvage;  the  libel  having  prajr^  the  con 
demnation  aa  priie,  and  no  aalvage  having  been  claimed.    Tlie  question  of  salvage  ia  incident  to  the 
question  of  prue.    The  Adeline,  9  Cranch,  244 ;  3  Cond.  Rep.  897. 

In  order  to  entitle  to  aalvage,  as  upon  a  recapture  or  rescue,  the  property  most  have  been  in  possession 
of  the  enemy,  either  actual  or  coustrnctive.    The  Ann  Green,  1  Gallia.  C.  C.  R.  874. 

Salvage  is  not  due  for  "  rescuing  a  vessel  of  a  neutral  out  of  the  hands  of  a  belligerent,  who  has 
taken  possession  for  a  supposed  violation  of  a  treaty  or  the  law  of  nations."  The  Antelope,  Bee's  D.  C. 
R.833. 

An  American  vessel  waa  captured  by  an  enemy,  and  after  condemnation  and  aale  to  an  enemy,  was 
recaptured  by  an  American  pnvaSeer.  This  original  owner  claimed  the  veasel,  offering  to  allow  aalvage. 
Held :  that  it  waa  not  a  ease  for  salvage,  under  the  act  of  March  8, 1800,  or  the  act  of  June  86, 1818. 
The  property  had  become  completely  divested  by  the  capture  and  condemnation.  The  Star,  3  Whest. 
W;  4  Cond.  Rep.  \9H. 


SIXTH  CONGRESS.    Sess.  I.  Ch.  14.     1800. 


17 


other  than  a  vessel  of  war  or  privateer,  or  when  any  goods  which 

hoeafter  be  taken  as  prize  by  any  vessel,  acting  under  authority 

from  the  government  of  the  United  States,  shall  appear  to  have  before 
belonged  to  any  person  or  persons,  resident  within  or  under  the  protec- 
tion of  the  United  States,  and  to  have  been  taken  by  an  enemy  of  the 
United  States,  or  under  authority,  or  pretence  of  authority,  from  any 
prinee,  goTemment  or  state,  against  which  the  United  States  have  autho- 
rized, or  shall  authorize,  defence  or  reprisals,  such  vessel  or  goods  not 
having  been  condemned  as  prize  by  competent  authority  before  the  re- 
captore  thereof,  the  same  shall  be  restored  to  the  former  owner  or  owners 
thereof,  he  or  they  paying  for  and  in  lieu  of  salvage,  if  retaken  by  a 
piddic  vessel  of  the  United  States,  one  eighth  part,  and  if  retaken  by  a 
private  veasel  of  the  United  States,  one  sixth  part,  of  the  true  value  of 
the  TeflBel  or  goods  so  to  be  restored,  allowing  and  excepting  all  imposts 
and  poblic  duties  to  which  the  same  may  be  liable.  And  if  the  vessel  so 
retaken  shall  appear  to  have  been  set  forth  and  armed  as  a  vessel  of  war, 
before  soch  capture  or  afterwards,  and  before  the  retaking  thereof  as 
afareaaid,  the  former  owner  or  owners,  on  the  restoration  thereof^  shall 
be  adjudged  to  pay  for  and  in  lieu  of  salvage,  one  moiety  of  the  true 
value  of  such  vessel  of  war,  or  privateer. 

Sec  2.  And  he  it  further  enacted,  That  when  any  vessel  or  goods, 
which  diall  hereafter  be  taken  as  prize,  by  any  vessel  acting  under  autho- 
rity from  the  government  of  the  United  States,  shall  appear  to  have  be- 
Ibte  belon^red  to  the  United  States  and  to  have  been  taken  by  an  enemy 
of  the  United  States,  or  under  authority,  or  pretence  of  authority  from 
any  prince,  government  or  state,  against  which  the  United  States  have 
authorized,  or  shall  authorize,  defence  or  reprisals,  such  public  vessel 
not  having  been  condemned  as  prize  by  competent  authority  before  the 
recapture  thereof,  the  same  shall  be  restored  to  the  United  States.  And 
for  and  in  lieu  of  salvage,  there  shall  be  paid  from  the  treasury  of  the 
United  States,  pursuant  to  the  final  decree  which  shall  be  made  in  such 
case  by  any  court  of  the  United  States,  having  competent  jurisdiction 
thereof,  to  the  parties  who  shall  be  thereby  entitled  to  receive  the  same, 
for  the  recapture  as  aforesaid,  of  an  unarmed  vessel,  or  any  goods 
therein,  one  sixth  part  of  the  true  value  thereof,  when  made  by  a  private 
vessel  of  the  United  States,  and  one  twelfth  part  of  such  value  when  the 
recapture  shall  be  made  by  a  public  armed  vessel  of  the  United  States; 
and  for  the  recapture  as  aforesaid  of  a  public  armed  vessel,  or  any  goods 
therein,  one  moiety  of  the  true  value  thereof,  when  made  by  a  private 
vessel  of  the  United  States,  and  one  fourth  part  of  such  value,  when 
soch  recapture  shall  be  made  by  a  public  armed  vessel  of  the  United 
States. 

Sac.  3.  And  he  it  Jurther  enacted,  That  when  any  vessel  or  goods 
which  shall  be  taken  as  prize,  as  aforesaid,  shall  appear  to  have  before 
belonged  to  any  person  or  persons  permanently  resident  within  the  ter- 
ritory, and  under  the  protection  of  any  foreign  prince,  government  or 
state,  in  amity  with  the  United  States,  and  to  have  been  taken  by  an 
enemy  of  the  United  States,  or  by  authority  or  pretence  of  authority 
from  any  prince,  government  or  state,  against  which  the  United  States 
have  authorized,  or  shall  authorize,  defence  or  reprisals,  then  such  ves- 
sel or  goods  shall  be  adjudged  to  be  restored  to  the  former  owner  or 
owners  thereof,  he  or  they  paying  for  and  in  lieu  of  salvage,  such  pro- 
portion of  the  true  value  of  the  vessel  or  goods  so  to  be  restored,  as  by 
the  law  or  usage  of  such  prince,  government  or  state,  within  whose  ter- 
ritory such  former  owner  or  owners  shall  be  so  resident,  shall  be  required 
on  the  restoration  of  any  vessel  or  goods  of  a  citizen  of  the  United 
States,  under  like  circomstances  of  recapture,  made  by  the  authority  of 
sQch  foreign  prince,  government  or  state;  and  where  no  such  law  or 
usage  shall  be  known,  the  same  salvage  shall  be  allowed  as  is  provided 
Voi.n-3  b2 


Salvage  on  re- 
captured pro- 
perty claimed 
by  reiidentfl  of 
the  U.  Sutea, 
and  claimed  be- 
fore condem- 
nation. 


One  moiety  to 
be  paid  in  lieu 
ofnlvage. 

Compenaation 
for  reeaptared 


property  d 
ed  by  the  Uni- 
ted Statea. 


Salvage  on  re 
captured  jpro- 
pertT  claimed 
oy  alien  frienda. 


18 


SIXTH  CONGRESS.    Sess.  I.  Cii.  15, 16.     1800. 


Diitribution 
of  lalTage. 

Act  of  March 
S,1799,cb.24, 
■ec.  97.  Act  of 
April  23,  1800, 
c1l33. 


Eepeal  of  for- 
mer  utwi. 


Statute  I. 
March  17, 1800. 


[Expired.] 
Act  of  April 
20, 1808,  ch.  47. 
Act  of  April  16, 
1814,  ch.  60. 
Act  of  April  20, 
1822,  ch.  29. 


by  the  first  section  of  this  act:  Provided,  that  no  such  vessel  or  goods 
shall  be  adjudged  to  be  restored  to  such  former  owner  or  owners,  in  any 
case  where  the  same  shall  have  been,  before  the  recapture  thereof,  con- 
demned as  prize  by  competent  authority,  nor  in  any  case  where  by  the 
law  or  usage  of  the  prince,  government,  or  state,  within  whose  territory 
such  former  owner  or  owners  shall  be  resident  as  aforesaid,  the  vessel  or 
goods  of  a  citizen  of  the  United  States,  under  like  circumstances  of  re- 
capture, would  not  be  restored  to  such  citizen  of  the  United  States : 
Provided  idso,  that  nothing  herein  shall  be  construed  to  contravene  or 
alter  the  terms  of  restoration  in  cases  of  recapture,  which  are  or  shall 
be  agreed  on  in  any  treaty  between  the  United  States,  and  any  foreign 
prince,  government  or  state. 

Sec.  4.  And  be  if  fitriher  enacted,  That  all  sums  of  money  which 
may  be  paid  for  salvage,  as  aforesaid,  when  accruing  to  any  public  armed 
vessel,  shall  be  divid^  to  and  among  the  commanders,  officers  and  crew 
thereof,  in  such  proportions  as  are  or  may  be  provided  by  law,  respecimg 
the  distribution  of  prize  money :  and  when  accruing  to  any  private  armed 
vessel,  shall  be  distributed  to  and  among  the  owners  and  company  con- 
cerned in  such  recapture,  according  to  their  agreements,  if  any  such 
there  be ;  and  in  case  there  be  no  such  agreement,  then  to  and  among 
such  persons,  and  in  such  proportions,  as  the  court  having  jurisdiction 
thereof  shall  appoint. 

Sec.  5.  Aiid  be  it  Jurther  enacted.  That  such  parts  of  any  acts  of 
Congress  of  the  United  States,  as  respect  the  salvage  to  be  allowed  in 
cases  of  recapture,  shall  be,  and  are  hereby  repealed,  except  as  to  cases 
of  recapture  made  before  the  passing  of  this  act. 

Approved,  March  3, 1800. 


Chap.  XV.-i— jfn  Jet  declaring  the  auent  cf  Omgren  to  certain  acts  if  the  Slate* 
of  Maryland  and  Georgia, 

Section  1.  Be  it  enacted  by  the  Senate  and  Home  of  Rm'esentatives 
of  the  United  States  of  Amerirxi  in  Congress  assembled.  That  the  con- 
sent of  Congress  be,  and  hereby  is  granted  to  the  operation  of  an  act 
of  the  General  Assembly  of  the  state  of  Maryland,  passed  on  the  twenty- 
sixth  day  of  December,  one  thousand  seven  hundred  and  ninety-one, 
entitled  ''An  act  empowering  the  wardens  of  the  port  of  Baltimore  to 
levy  and  collect  the  duty  therein  mentioned,"  and  also  to  so  much  of 
an  act  of  the  state  of  Georgia,  passed  February  the  tenth,  one  thousand 
seven  hundred  and  eighty-seven,  entitled  "Aji  act  for  regulating  the 
trade,  laying  duties  on  all  goods,  wares,  liquors,  merchandise  and 
negroes  imported  into  this  state ;  and  also  an  impost  on  the  tonnage 
of  shipping,  and  for  other  purposes  therein  mentioned,"  as  authorizes 
a  duty  of  three  pence  per  ton  on  all  shipping  entering  the  port  of 
Savannah,  to  be  set  apart  as  a  fund  for  clearing  the  river  Savannah. 

Sec.  2.  And  be  it  further  enacted,  That  this  act  shall  be,  and  continue 
in  force  until  the  third  day  of  March,  one  thousand  eight  hundred  and 
eight,  and  no  longer. 

Approved,  March  17,  1800. 


STATirXX  I. 
March  19, 1800. 

[Obsolete.] 
Act  of  March 
3,  1797,  ch.  27. 
Act  of  Feb.  13, 
1801,  ch.  4. 
ActofBfarch  3, 
1801,  ch.  32. 


Chap.  XVI.. 


•wf  n  Jet  to  alter  the  times  of  holding  the  District  Court  in  North 
Carolina, 


Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Representatives 
of  the  United  States  of  America  in  Congress  assembled,  That  the  ses- 
sions of  the  district  court  for  the  district  of  North  Carolina,  shall  here- 
after be  holden  on  the  first  Monday  in  February,  May,  August  and  No- 
vember annually. 

Src.  2.  And  be  it  further  enacted.  That  all  process  which  shall 


SIXTH  CONGRESS.    Sess.  I.  Ch.  18, 19.     1800.  19 

have  been  iaBued,  and  all  recognizances  returnable,  and  all  suits  and 
other  proceeding,  which  have  ^n  continued  to  the  said  district  court 
on  the  first  Monday  in  April  next,  shall  be  returned  and  held  continued 
to  the  said  court  on  the  first  Monday  of  May  next 
Afpboyed,  March  19, 1800. 


Statute  I. 


Chap.  XYin.««tffi  Act  to  extend  the  privilege  tf  franking  Utters  and  paehagee     April  3, 1800. 
to  Martha  WaMngton,  

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
United  Slates  of  America  in  Congress  assembled,  That  all  letters  and 
packages  to  and  fi'om  Martha  Washington,  relict  of  the  late  General 
George  Washington,  shall  be  received  and  conveyed  by  post  free  of 
postage,  for  and  during  her  life. 

Approved,  April  3,  1800. 


Statute  I. 


Chap.  XlX,^JnJieito  estabUth  an  uniform  System  rf  Barikniptey  throughout     April  4  1800 
the  United  States,{a)  t-^ 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Representatives  Act  o?Dec.  i^, 
rf  the  United  Slates  of  America  in  Ckmgress  assembled.  That  from    1803,  ch.  6. 

(«)  Deeistems  o»  the  Bankrupt  Law  qf  tht  United  States. — ^The  holder  of  a  prominory  note,  dnwn 
before,  but  traniferred  after  a  commiMioii  of  bankmptcj  had  issued  against  the  drawer,  is  entitled  to 
nove  hie  debt  under  the  commiasion,  and  to  receire  a  dividend.    Humphreys  v.  Blight's  Ajsignees,  4 

Ib  the  ease  of  negotiable  paper,  the  assignee  tahee  it,  discharged  of  all  the  equity  as  between  the 
etigiaal  parties,  of  which  he  haa  no  notice.  Bat  whereTer  the  assignee  has  notice  of  snch  equity,  either 
poeitiTely  or  constmctively,  he  takes  the  assignment  at  his  peril.  A  commission  of  bankruptcy  is  legal 
■otioe  that  wherever  mutual  debts  subsisted  between  the  bankrupt  and  his  creditors,  the  right  of  set-off 
attaches.  When  the  negotiable  paper  was  assigned  after  the  commission  of  bankruptcy,  the  party  takes 
it,  sabiect  to  any  set-off  as  between  the  drawer  and  payee.    Ihid, 

Unaer  the  bankrupt  law  of  the  United  States,  a  joint  debt  may  be  set-off  against  the  separate  claim 
of  the  aasignee  of  one  of  the  partners ;  but  sui^h  set-off  could  not  have  been  made  st  law,  independent 
of  tlMB  bankrupt  law.    Tucker  v.  Oxley,  6  Cranch,  34 ;  2  Cond.  Rep.  182. 

A  jotat  debt  may  be  proved  nnder  a  separate  commission,  and  a  full  dividend  received ;  it  is  equity 
alone  which  can  restrain  the  joint  creditor  from  receiving  his  full  dividend  until  the  joint  effects  are  ex- 
hauted.    Ibid. 

Wherever  the  terms  in  which  a  power  is  granted  by  the  constitution  to  Congress,  or  wherever  the  nature 
of  the  power  itself,  requires  tiiat  it  shall  be  exclusively  exercised  by  Congress,  the  subject  is  completely 
taken  away  from  state  legislatures,  as  if  they  had  been  forbidden  to  act  upon  it.  The  power  granted  to 
Coagrees  of  establishing  uniform  laws  on  the  subject  of  bankruptcy,  is  not  of  this  description.  Sturges 
•L  Crofwadnahield,  4  Wheat  122 ;  4  Cond.  Rep.  409. 

In  the  distribution  of  a  banknipt's  effects  in  this  country,  the  United  States  are  entitled  to  a  prefer- 
ence, although  the  debt  was  contracted  by  a  foreigner  in  a  foreign  country ;  and  although  the  United 
fltatee  had  proved  their  debt  under  the  commission  of  bankruptcy,  and  had  voted  for  an  assignee.  Har- 
rison V.  Starry  et  al.,  6  Cranch,  289 ;  2  Cond.  Rep.  200. 

A  conveyance  on  the  eve  of  bankruptcy,  to  give  a  preference  to  a  particular  class  of  creditors,  is  a 
fraad  an  the  bankrupt  law  and  void.    Ibid. 

Saeh  aasignment  may  be  valid  to  secure  money  actually  advanced  on  the  credit  of  it,  and  subsequent 
to  ils  date-    Ibid. 

Under  a  eeparate  commission  of  bankruptcy,  against  one  partner  only,  his  private  property,  and  his 
interest  in  the  funds  of  the  company  passes.    Ibtd. 

Tlw  right  to  compensation  from  Spain,  held  under  an  abandonment  made  to  underwriters,  and  accepted 
by  theai,  for  damages  and  injuries,  which  were  to  be  satisfied  under  the  treaty,  by  the  United  States ; 
passed  to  the  aasignees  of  the  bankrupt,  who  held  such  rights  by  the  provisions  of  the  bankrupt  law  of 
te  United  States,  passed  April  4,  1800.    Comegvs  et  al.  o.  Vasse,  I  Peters,  193. 

The  circuit  courts  of  the  United  States  have  jurisdiction  of  matters  arising  under  the  bankrupt  law  of 
Ike  United  States,  as  they  have  of  any  other  subject,  where  the  constitution  and  laws  of  the  United  States 
give  jurisdiction ;  but  the  district  courts  have  not  the  same  jurisdiction  in  cases  of  bankruptcy,  as  the 
chaaeaUor  of  England  has.    Lucas  et  aL  v.  Morris  et  si.,  1  Paine's  C.  C.  R.  396. 

The  district  courts  of  the  United  States  have  not,  like  the  chancellor  in  England,  excluaive  jurisdiction 
aver  the  entire  execution  of  the  bankrupt  law.  They  cannot  remove  assignees,  nor  compel  them  to 
acftowat.    Ibid. 

Upon  the  death  of  an  assignee  under  the  bankrupt  law  of  the  United  States,  the  risht  of  action  for  a 
debt  dae  to  the  bankrupt,  vested  in  the  executor  of  the  assignee.    Richards  et  al.  Assignees,  Ike.  a.  Ma. 


lyiaad  Ins.  Co.,  8  Cranch,  84;  3  Cond.  Rep.  46. 
Wbeia  the  original  ground  of  i 


'  action  is  rounded  on  contract,  but  the  immediate  eause  arises  ex  delicto, 
I  the  claim  islbr  dunages,  unliquidated  by  any  express  sgreement,  or  such  o  the  law  will  not  imply 
an  sffecmeat  to  pay ;  the  certificate  of  bankruptcy  is  no  bar ;  because  such  claim  could  not  have  been 
pTOvad  under  the  commission.    Dnsar  v.  Murgatroyd,  1  Wash.  C.  C.  R.  13. 


20  SIXTH  CONGRESS.    Sess.  I.  Ch.  19.     1800. 

WJ«  may  be   and  after  the  first  day  of  Jone  next,  if  any  merchant,  or  other  person, 
atMnkrnpt.         residing  within  the  United  States,  actually  using  the  trade  of  merchan- 
dise, by  buying  and  selling  in  gross,  or  by  retail,  or  dealing  in  exchange, 
or  as  a  banker,  broker,  factor,  underwriter,  or  marine  insurer,  sliaU, 

Bat  if  the  agreement  were  to  pay  a  particular  ■am,  on  fkilare  to  perform  the  contract;  or  if  the  case 
waa  fach  that  the  plaintiff  haa  hit  election  to  brins  either  treipaaa  or  caae  for  money  had  and  receired, 
and  walTes  the  former  by  bringing  the  latter;'  the  damages  become  a  debt,  which  the  law  implies  a  pro- 
mite  to  pay,  and  the  certificate  le  a  bar.    Ihid. 

In  an  action  brought  against  the  owner  of  a  Tessel  for  damages  for  an  injary  sustained  on  board  a  ship 
by  the  neglect  of  the  maater,  a  certificate  of  bankraptcy  cannot  be  pleaded  in  bar.    Ibid. 

One  guilty  of  penury  in  proceedings  under  the  bankrupt  law,  cannot  be  prosecuted  for  the  offence, 
after  the  repeal  of  the  law.    United  States  o.  Paaamore,  4  Dall.  372. 

A  deed  executed  beforo  the  lat  of  June.  1800,  although  acknowledged  after,  is  not  within  the  Ist 
section  of  the  bankrupt  act  of  AprU  4th,  1800,  chap.  19.  Wood  v.  Owings,  1  Cranch,  239;  1  Cond. 
Rep.  302. 

A  certificated  bankrupt  or  insolvent,  discharged  from  the  particular  contract,  need  not  be  made  a  party 
to  the  bill  on  the  contract.    Van  Reimsdyke  v.  Kane's  Ex'r,  1  Gall.  C.  C.  R.  371. 

The  power  given  to  Congress  to  pass  uniform  laws,  relative  to  bankruptcy,  is  exclusive  of  such  power 
in  the  state  governments ;  and  this,  whether  the  former  has  thought  proper  to  exercise  it  or  not.  Golden 
».  Prince,  3  Wash.  C.  C.  R.  313. 

A  discharge  from  a  debt  under  the  bankrupt  laws  of  the  place  of  contract,  is  good  in  evetY  other  placo 
where  pleaded,  aa  an  extinguishment  of  the  debt.  But  a  like  discharge  where  Uie  contract  is  not  made, 
has  no  effect.    Le  Roy  v.  Crowninshicld,  2  Mason's  C.  C.  R.  161. 

A  debtor  concealing  himself  from,  and  being  denied  to  his  creditors,  does  not  constitute  an  act  of 
bankruptcy  under  the  laws  of  tlie  United  States ;  unless  the  service  of  process  is  thereby  prevented. 
Barnes  et  al.  v.  BiUington,  1  Wash.  C.  C.  R.  29. 

If  the  debtor  order  himself  to  be  denied  to  creditors  and  others,  and  is  in  consequence  thereof  denied 
to  an  officer,  who  comes  to  serve  a  process,  it  is  an  act  of  bankruptcy  ;  provided  the  officer  comes  to 
serve  the  process,  and  not  on  otlter  business :  and  the  denial  has  taken  place  within  six  months  of  the 
issuing  of  the  commission.    Ibid. 

Givmg  a  bond,  with  warrant  to  confeas  judgment  to  one  creditor,  upon  the  eve  and  in  contemplation 
of  bankruptcy,  doea  not  conatitute  a  bankruptcy ;  unleas  the  judgment  entered  on  the  bond,  and  the 
isauiuff  of  the  execution  was  at  the  inatance  or  by  the  procurement  of  the  debtor.  Such  a  bond  would 
be  a  fraud  on  the  general  croditora.    IMd, 

Whore  two  of  three  aaaigneea  of  a  bankrupt  enter  into  an  agreement  in  the  abaence  of  the  third,  the 
contract  ia  not  binding  on  the  absent  aaaignee ;  unleaa  he  had  previoualy  given  authority  to  make  it,  or 
aubstantially  recognize  and  acknowledge  it.  Aliter,  among  partners.  Blight  v.  Aahley  et  al.,  1  Peters' 
C.  C.  R.  16. 

The  agreement  of  the  assignees  of  a  bankrupt,  to  give  a  preference  to  a  psjticular  creditor,  is  not 
valid,  without  the  assent  of  the  commissioners,  and  a  certain  portion  of  the  creditors.    Ihid. 

Denial  to  an  officer,  whereby  he  is  prevented  serving  process,  must  be  really  adversary,  and  not  by 
concert  between  the  creditor  and  the  debtor,  to  bring  about  an  act  of  bankruptcy.    Ibid. 

No  debt  but  such  as  is  due  and  owing  at  the  time  of  the  bankruptcy,  can  be  proved  under  the  com- 
mission ;  and,  consequently,  an  endorser  or  acceptor  of  a  bill  of  exchange,  drawn  by  the  bankrupt,  who 
has  not  paid  it  before  the  bankruptcy,  cannot  prove  the  debt  Marks  et  al.  Assignees  o.  Barker  et  al.,  1 
Wash.  C.  C.  R.  178. 

The  acceptor  or  endorser  of  a  bill  of  exchange,  who  pays  the  bill  after  the  bankruptcy  of  the  drawer, 
may  offset  tne  aame  againat  the  bankrupt'a  aaaigneea ;  but  he  muat  ahow  the  debt  to  be  a  aubaiattng  one 
in  nim,  at  the  time  the  action  waa  brought,  for  thia  ia  a  case  of  mutual  credit,  given  before  the  bank- 
ruptcy, although  the  money  waa  not  paid  until  after.    Ibid. 

The  diatrict  courta  of  the  United  Statea  have  not  power,  in  bankrupt  caaea,  to  remove  aaaigneea,  or 
compel  them  to  account.    Lucaa  v.  Morria,  Paine'a  C.  C  R.  396. 

Tne  holder  of  the  negotiable  paper,  payable  "  without  defalcation,"  under  the  lawa  of  Pennaylvania. 
aaaigned  after  a  commiaaion  of  bankruptcy  haa  iasued,  ma^  come  in  under  the  commission ;  allowing  all 
Just  offsets  existing  at  the  time  of  the  bankruptcy,  and  which  would  have  been  admitted  if  Uie  assignment 
had  not  been  made.    Humphreys  v.  Blisht's  Assignees,  1  Wash.  C.  C.  R.  44. 

The  purchaser  of  a  negotiable  note,  who  becomes  so  after  a  commission  of  bankruptcy  has  issued,  may 
prove  under  the  commiaaion ;  and  he  holda  the  note,  aubiect  to  all  legal  offsets.    Ibid. 

The  65th  aection  of  the  bankrupt  law  of  the  United  Statea,  paaaed  the  2d  of  March,  1799,  does  not 
repeal  the  provisions  of  the  laws  of  the  United  States,  which  give  to  the  surety  who  pays  bonds  for 
duties,  a  preference  over  other  creditors.    Mott  v.  The  Assignees  of  Maris,  2  Wash.  C.  C.  R.  196. 

The  provisions  of  the  bankrupt  law  except  fW>m  its  general  operation,  not  only  the  preference  of  the 
United  States,  but  also  the  right  of  preference  for  satisfaction  of  debts  due  to  the  tlnited  Sutes.    Ibid. 

P.  paid  a  sum  of  money  to  Uie  United  States,  o  surety  of  S.,  in  a  bond  for  dutiea.  S.  became  inaol- 
vent,  and  aaaigned  hia  effecta  to  Baker,  who  received  four  thouaand  dollara  under  the  aaaignment,  mixed 
the  aame  with  hia  own  funda,  and  afterwarda  became  bankrupt,  and  the  defendants  were  appointed  his 
assignees ;  but  no  effects,  known  to  be  part  of  the  estate  of  8.,  came  into  their  hands.  The  plaintiff 
claimed  to  have  a  preference  and  priority  over  the  genera]  creditors  of  Baker.  By  the  Court^AIthough  the 
United  Statea  might,  under  the  66th  aection  of  the  law  to  reffulate  the  collection  of  dutiea,  be  entitled  to 
claim  of  the  defendanta  to  the  amount  which  came  into  the  iianda  of  B.,  aa  the  aaaigneea  of  8.,  the  pro- 
viaiona  of  the  law  do  not  extend  to  the  aurety  who  haa  paid  the  bond,  the  aame  righta  and  privilegea. 
Pollock  V.  Pratt  It  Harvey,  2  Waah.  C.  C  R.  490. 

A.  H.  deviaed  an  eatate  to  C.  8.,  for  life ;  and  after  the  death  of  C.  8.,  he  directed  that  the  eatate  ahould 
be  aold,  and  divided  among  the  grandchildren  of  the  teatator,  who  ahould  be  living  at  the  death  of  C.  8. 
B.  married  one  of  the  grandchildren,  and,  before  the  death  of  C.  8.,  B.  became  bankrupt  B.  and  wife, 
after  the  deceaiie  of  C.  5^.,  sold  the  property  claimed  under  the  will  of  A.  H„  and  the  plaintiff  claimed 


SIXTH  CONGRESS.    Sess.  I.  Ch.  19.     1800. 


21 


with  intent  anlawfoDy  to  delay  or  defraud  his  or  her  creditors,  depart  What  iliaU  be 
fifomthe  stale  in  which  such  person  usually  resides,  or  remain  absent  ^pt^.^^^*^*^' 
therefrom^  or  conceal  him  or  herself  therein,  or  keep  his  or  her  house, 
io  that  he  or  she  cannot  be  taken,  or  served  with  process,  or  wiUingly 
or  frandnlentlj  procure  him  or  herself  to  be  arrested,  or  his  or  her  lands, 
goods,  money  or  chattels  to  be  attached,  sequestered,  or  taken  in  execu- 
tioD,  or  shall  secretly  convey  his  or  her  goods  out  of  his  or  her  house, 
or  conceal  them  to  prevent  their  being  ti&en  in  execution,  or  make,  or 
ease  to  be  made,  any  fraudulent  conveyance  of  his  or  her  lands,  or 
ekattde,  or  make  or  admit  any  false  or  fraudulent  security,  or  evidence 
of  debt,  or  being  arrested  for  debt,  or  having  surrendered  him  or  herself 
in  discharge  of  bail,  shall  remain  in  prison  two  months,  or  more,  or 
escape  therefrom,  or  whose  lands  or  effects  being  attached  by  process 
issaing  oat  of,  or  returnable  to,  any  court  of  common  law,  shall  not, 
within  two  months  after  written  notice  thereof,  enter  special  bail  and 
dissolve  the  same,  or  in  districts  in  which  attachments  are  not  dissolved 
by  the  entry  of  special  bail,  being  arrested  for  debt  after  his  or  her  lands 
and  eflfects,  or  any  part  thereof,  have  been  attached  for  a  debt  or  debts 
amoonting  to  one  thousand  dollars  or  upwards,  shall  not,  upon  notice  of 
such  attachment,  give  sufficient  security  for  the  payment  of  what  may 
be  recovered  in  the  suit  in  which  he  or  she  shall  be  arrested,  at  or 
before  the  return  day  of  the  same,  to  be  approved  by  the  judge  of  the 
district,  or  some  judge  of  the  court  out  of  which  the  process  issued 
upon  which  he  is  arrested,  or  to  which  the  same  shall  be  returnable, 
every  such  person  shall  be  deemed  and  adjudged  a  bankrupt :  Provided, 
that  no  person  shall  be  liable  to  a  commission  of  bankruptcy,  if  the  peti- 
tion be  not  preferred,  in  manner  herein  after  directed,  within  six  months 
after  the  act  of  bankruptcy  committed. 

Sec.  2.  And  he  U  Jurther  enacted.  That  the  judge  of  the  district 
oonrt  of  the  United  States,  for  the  district  where  the  debtor  resides,  or 
uaoally  rended  at  the  time  of  committing  the  act  of  bankruptcy,  upon 
petition,  in  writing,  against  such  person  or  persons  being  bankrupt,  to 
biffl  to  be  exhibited  by  any  one  creditor,  or  by  a  greater  number,  being 
partners,  whose  single  debt  shall  amount  to  one  Uiousand  dollars,  or  by 
two  creditors,  whose  debts  shall  amount  to  one  thousand  five  hundred 
doflara,  or  by  more  than  two  creditors,  whose  debts  shall  amount  to  two 
tboQsand  dollars,  shall  have  power,  by  commission  under  his  hand  and 
aeal,  to  appoint  such  good  and  substantial  persons,  being  citizens  of  the 
United  States,  and  resident  in  such  district,  as  such  judge  shall  deem 
proper,  not  exceeding  three,  to  be  commissioners  of  the  said  bankrupt, 
and  in  case  of  vacancy  or  refusal  to  act,  to  appoint  others  from  time  to 
time,  as  occasion  may  require  :(a)  Provided  aboays,  that  before  any 

nder  this  conTeyance.  By  the  Coart — ^The  decitioni  of  tho  English  cottits,  abunduitlj  proTC  that  a 
poMflNlity,  whether  belongiAff  to  the  hnsband  or  the  wife,  would  not  pass  to  the  assiffnees  of  the  hosband, 
01  kb  becoming  bankrupt,  if  it  were  not  for  the  strong  language  of  the  statutes  or  bankruptcy.  Krum- 
bur  V.  But,  2  Wash.  C.  a  R.  40e. 

The  possibility  Sold  bj  B.j  under  the  will  of  A.  H.,  formed  no  part  of  his  esUte  to  which  he  was  enti- 
ued  in  law  or  equity,  of  which  the  commissioners  could  take  possession  under  the  6th  section  of  the 
Bukrapt  Imw  of  the  United  Stetes ;  and,  therefore,  they  could  not  transfer  it  to  the  assignees  of  the  bahk- 
npt,  snder  the  provisions  of  the  6th  section.    lUd. 

.  Tbs  proTimons  of  the  English  bankrupt  laws,  and  those  of  the  bankrupt  law  of  the  United  SUtes,  differ 
n  relation  to  the  contingent  interests  or  the  bankrupt ;  and  it  is  clear,  that  by  the  most  liberal  construe- 
<»■  of  the  law,  the  interest  of  the  husband  in  the  estate  of  his  wife,  under  the  will  of  A.  H..  did 
Vtti  to  the  assignees.    Ibtd. 


Proceedings 
to  obtain  a  com- 
mission of  bank- 
ruptcy. 


TIm  proTiaions  of  the  13th  section  of  the  bankrupt  law  of  the  United  Sutes,  do  not  affect  this  question ; 
uwjp  do  not  require  an  assignment  of  contingent  interests,  but  relate  to  their  disclosure  by  the  bankrupt. 


*^M»tC.C.  R.79. 

(4  B^  the  14th  section  of  the  act  of  April  89,  1802,  entitled,  «  An  act  to  amend  the  Judicial  system  of 
««  Usited  Sutes,*'  the  commissions  in  bankruptcy  issued  by  the  district  judge  were  to  be  directed  to 
C*Mnl  coonniflsioners  appointed  by  the  Preaident  of  the  United  States  in  esch  ditttrict. 


22 


SIXTH  CONGRESS.    Sess.  I.  Ch.  19.     1800. 


CommiMion- 
en  to  take  an 
oath,  and  the 
mode  of  declar- 
ing the  party  a 
bankrupt. 


commission  Bhall  issae,  the  creditor  or  creditors  petitioning  shall  make 
affidavit  or  solemn  affirmation  before  the  said  judge,  of  the  truth  of  his, 
her,  or  their  debts,  and  give  bond,  to  be  taken  by  the  said  judge,  in  the 
name,  and  for  the  benefit  of  the  said  party  so  charged  as  a  bankrupt^ 
and  in  such  penalty,  and  with  such  surety  as  he  shall  require,  to  be  con- 
ditioned for  the  proving  of  his,  her,  or  their  debts,  as  well  before  the 
commissioners  as  upon  a  trial  at  law,  in  case  the  due  issuing  forth  of 
the  said  commission  shall  be  contested,  and  also  for  proving  the  party  a 
bankrupt,  and  to  proceed  on  such  commission,  in  the  manner  herein 
prescribed.  And  if  such  debt  shall  not  be  reaUy  due,  or  after  such  com- 
mission taken  out  it  cannot  be  proved  that  the  party  was  a  bankrupt, 
then  the  said  judge  shall,  upon  the  petition  of  the  party  aggrieved,  in 
case  there  be  occasion,  deliver  such  bond  to  the  said  party,  who  may  sue 
thereon,  and  recover  such  damages,  under  the  penalty  of  the  same,  as, 
upon  trial  at  law,  he  shall  make  appear  he  has  sustained,  by  reason  of 
any  breach  of  the  condition  thereof. 

Sec.  3.  And  be  ii  further  enacted,  That  before  the  commissioners 
shall  be  capable  of  actmg,  they  shall  respectively  take  and  subscribe  the 
foUowing  oath  or  affirmation,  which  shall  be  administered  by  the  judge 
issuing  the  commission,  or  by  any  of  the  judges  of  the  supreme  court 
of  the  United  States,  or  any  judge,  justice,  or  chancellor  of  any  state 
court,  and  filed  in  the  office  of  the  clerk  of  the  district  court:  <<  I,  A.  B., 
do  swear,  or  affirm,  that  I  will  faithfully,  impartially,  and  honestly,  ac- 
cording to  the  best  of  my  skill  and  knowledge,  execute  the  several 
powers  and  trusts  reposed  in  mc,  as  a  commissioner  in  a  commission  of 
bankruptcy  against  and  that  without  favour  or  affection, 

prejudice  or  malice."  And  the  commissioners,  who  shall  be  sworn  as 
aforesaid,  shall  proceed,  as  soon  as  may  be,  to  execute  the  same ;  and 
upon  due  examination,  and  sufficient  cause  appearing  against  the  party 
charged,  shall  and  may  declare  him  or  her  to  be  a  bankrupt :  Provided, 
that  before  such  examination  be  had,  reasonable  notice  thereof,  in  wri- 
ting, shall  be  delivered  to  the  person  charged  as  a  bankrupt ;  or  if  he, 
or  she,  be  not  found  at  his  or  her  usual  place  of  abode,  to  some  person 
of  the  family  above  the  age  of  twelve  years,  or  if  no  such  person  appear, 
shall  be  fixed  at  the  firont  or  other  public  door  of  the  house,  in  which  he 
or  she  usually  resides,  and  thereupon  it  shall  be  in  the  power  of  such 
person,  so  charged  as  aforesaid,  to  demand  before,  or  at  the  time  ap- 
pointed for  such  examination,  that  a  jury  be  empanneled  to  inquire  into 
the  fact  or  facts,  alleged,  as  the  causes  for  issuing  the  commission,  and 
on  such  demand  being  made,  the  inquiry  shall  \^  had  before  the  judge 
granting  the  commission,  at  such  time  as  he  may  direct,  and  in  that 
case,  such  person  shaU  not  be  declared  bankrupt,  unless,  by  the  verdict 
of  the  jury,  he  or  she  shall  be  found  to  be  within  the  description  of  this 
act,  and  shaU  be  convicted  of  some  one  of  the  acts  described  in  the 
first  section  of  this  act :  Provided  also,  that  any  commission  which  shall 
be  taken  out  as  aforesaid,  and  which  shall  not  be  proceeded  in  as 
aforesaid,  within  thirty  days  thereafter,  may  be  superseded  by  the  said 
judge,  who  shall  have  granted  the  same,  upon  the  application  of  the 
party  thereby  charged  as  a  bankrupt,  or  of  any  creditor  of  such  per- 
son, unless  the  delay  shall  have  been  unavoidable,  or  upon  a  just  oc- 


casion. 


Commission- 


era  mav  cs 
the  bankropt  to 
be  arrested. 


Sec.  4.  And  he  it  further  enacted.  That  the  commissioners  so  to  be 
appointed,  shall  have  power  forthwith,  after  they  have  declared  such 
person  a  bankrupt,  to  cause  to  be  apprehended,  by  warrant  under  their 
hands  and  seals,  the  body  of  such  bankrupt,  wheresoever  to  be  found, 
within  the  United  States :  Provided,  they  shall  think,  that  there  is  rea- 
son to  apprehend  that  the  safd  bankrupt  intends  to  abscond  or  conceal 
him  or  herself,  and  in  case  it  be  necessary,  in  order  to  take  the  body  of 
the  said  bankrupt,  shall  have  power  to  cause  the  doors  of  the  dwelling- 


SIXTH  CX)NGR£SS.     Sess.  I.  Gh.  19.     1800. 


23 


i  of  sach  bankrupt  to  be  broken,  or  the  doors  of  any  other  house 
m  which  he  or  she  shall  be  found. 

Sac.  5.  And  be  it  further  enacted^  That  it  shall  be  the  duty  of  the 
commiflBioDers  so  to  be  appointed,  forthwith,  after  they  have  declared 
sDch  perscm  a  bankrupt,  and  they  shall  have  power  to  take  into  their 
poBseasioa,  aU  the  estat^  real  and  personal,  of  every  nature  and  descrip- 
tion to  which  the  said  bankrupt  may  be  entitled,  either  in  law  or  equity, 
in  any  manner  whatsoever,  and  cause  the  same  to  be  inventoried  and 
ippnused  to  the  best  value,  (his  or  her  necessary  wearing  apparel,  and 
the  necessary  wearing  apparel  of  the  wife  and  children,  and  necessary 
beds  and  bedding  of  such  bankrupt  only  excepted)  and  dso  to  take  into 
tbar  possession,  and  secure,  all  deeds  and  books  of  account,  papers  and. 
writings  belonging  to  such  bankrupt ;  and  shall  cause  the  same  to  be 
safely  kept,  until  assignees  shall  be  chosen  or  appointed,  in  manner 
bereafter  provided. 

Sbc.  6.  And  be  it  further  enacted,  That  the  said  commissioners  shall 
forthwith,  after  they  have  declared  such  person  a  bankrupt,  cause  due 
and  sufficient  public  notice  thereof  to  be  given,  and  in  such  notice  shall 
appoint  some  convenient  time  and  place  for  the  creditors  to  meet,  in 
Older  to  choose  an  assignee  or  assignees  of  the  said  bankrupt's  estate 
and  effects ; — at  which  meeting  the  said  commissioners  shall  admit  the 
creditors  of  such  bankrupt  to  prove  their  debts ; — and  where  any  credit- 
or shall  reside  at  a  distance  from  the  place  of  such  meeting,  shall  allow 
the  debt  of  such  creditor  to  be  proved  by  oath  or  affirmation,  made 
before  some  competent  authority,  and  duly  certified,  and  shall  permit 
aoy  person  duly  authorized  by  letter  of  attorney  from  such  creditor,  due 
proof  <^  the  execution  of  such  letter  of  attorney  being  first  made,  to  vote 
in  the  choice  of  an  assignee  or  assignees  of  such  bankrupt's  estate  and 
eftcts,  in  the  place  and  stead  of  such  creditor :  and  the  said  commis- 
sioners shall  assign,  transfer  or  deliver  over,  all  and  singular  the  said 
bankrupt's  estate  and  effiects,  aforesaid,  with  a]l  muniments  and  evi- 
dences thereof,  to  such  person  or  persons  as  the  major  part,  in  vdue,  of 
such  creditors,  according  to  the  several  debts  then  proved,  shall  choose 
19  aforesaid :  Provided  ahoays,  that  in  such  choice,  no  vote  shall  be 
gitea  by,  or  in  behalf  of  any  creditor  whose  debt  shall  not  amount  to 
two  hundred  doUars. 

Sec.  7.  Praoided  always,  and  be  it  Jwrther  enacted,  That  it  shall  be 
lawful  for  the  said  commissioners,  as  often  as  they  shall  see  cause,  for 
tbe  better  preserving  and  securing  the  bankrupt's  estate,  before  assignees 
diall  be  chosen  as  aforesaid,  immediately  to  appoint  one  or  more  assignee 
or  assignees  of  the  estate  and  effects  aforesaid,  or  any  part  thereof; 
which  assignee  or  assignees  aforesaid,  or  any  of  them,  may  be  removed 
at  tbe  meeting  of  the  creditors,  so  to  be  appointed  as  aforesaid,  for  the 
choice  of  assignees,  if  such  creditors,  entitled  to  vote  as  aforesaid,  or 
tbe  major  part,  in  value,  of  them,  shall  think  fit ;  and  such  assignee  or 
ttignees  as  diall  be  so  removed,  shall  deliver  up  all  the  estate  and 
cSras  of  such  bankrupt,  which  shall  have  come  to  his  or  their  hands  or 
posaession,  unto  such  other  assignee  or  assignees  as  shall  be  chosen  by 
tbe  creditors  as  aforesaid ;  and  all  such  estate  and  effects  shall  be,  to  all 
intents  and  purposes,  as  effectually  and  legally  vested  in  such  new  as- 
signee or  assignees,  as  if  the  first  assignment  had  been  made  to  him  or 
uem,  by  the  said  commissioners ;  and  if  such  first  assignee  or  assignees 
sball  refuse  or  neglect,  for  the  space  of  ten  days  next  after  notice,  in 
writing,  from  such  new  assignee  or  assignees  of  their  appointment,  (a) 
tt  aforesaid,  to  deliver  over  as  aforesaid,  all  the  estate  and  effects  as 
aforesaid,  every  such  assignee  or  assignees  shall,  respectively,  forfeit  a 
nun  not  exceeding  five  thousand  dollars,  for  the  use  of  the  creditors, 
and  shall  moreover  be  liable  for  the  prqierty  so  detained. 

Sac.  8.  And  be  U  Jwrther  enacted.  That  at  any  time,  previous  to  the 


They   ahall 
take  into  their 
poMeMion  the 
Danknipt's  pro- 
perty,   book! 
andpkpera. 


Notice  of  the 
bankruptcy,  ap- 
pointment of  aa- 
Biffneei,  proof 
of  debta,  and 
asnffnment  of 
the  bankmpt'a 
eitate. 


(a)  Apportiionmini  in  the  original. 


24 


SIXTH  CONGRESS.    Sess.  I.  Cn.  19.     1800. 


Croditoramay 
remove  the  ti- 
■igneet   and 
eboeee  othen. 


SaiU  not 
•bated   by   tbe 
remoTal  of  aa- 
aigneea. 


General  effect 
of  the  aaain. 
ment   b^    Oe 
commiaaionen. 


Itahallbaran 
taU. 


Commiaaion- 
en may  tender 
perfoimanee  of 
the  conditiona 
on  which  the 
bankrapt*a  pro- 
pertyia  pledged. 


closing  of  the  accounts  of  the  said  assignee  or  assignees  so  chosen  as 
aforesaid,  it  shaU  be  lawful  for  such  creditors  of  the  bankrupt,  as  are 
hereby  authorized  to  vote  in  the  choice  of  assi^rnees,  or  the  major  part 
of  them,  in  value,  at  a  regular  meeting  of  the  said  creditors,  to  be  called 
for  that  purpose,  by  the  said  commissioners,  or  by  one  fourth,  in  value, 
of  such  creditors,  to  remove  all  or  any  of  the  assignees  chosen  as  afore- 
said, and  to  choose  one  or  more  in  his  or  their  place  and  stead :  and 
such  assignee  or  assignees  as  shall  be  so  removed,  shall  deliver  up  all 
the  estate  and  effects  of  such  bankrupt,  which  shall  have  come  into  his 
or  their  hands  or  possession,  unto  such  new  assignee  or  assignees  as 
shall  be  chosen  by  the  creditors,  at  such  meeting ;  and  all  such  estate 
and  effects  shaU  be,  to  all  intents  and  purposes,  as  effectually  and  legally 
vested  in  such  new  assignee  or  assignees,  as  if  the  first  assignment  had 
been  made  to  him  or  them,  by  the  said  commissioners :  and  if  such 
former  assignee  or  assi^ees  shdl  refuse  or  neglect,  for  the  space  of  ten 
days  next  after  notice,  m  writing,  from  such  new  assignee  or  assiffnees, 
of  their  appointment,  as  aforesaid,  to  deliver  over,  as  aforesaid,  all  the 
estate  and  effects  aforesaid,  every  such  former  assignee  or  assignees, 
shall,  respectively,  forfeit  a  sum  not  exceeding  five  thousand  dollars,  for 
the  use  of  the  creditors,  and  shall  moreover  be  liable  for  the  property  so 
detained. 

Sec.  9.  And  he  it  Jvrther  enacted^  That  whenever  a  new  assignee 
or  assignees  shall  be  chosen  as  aforesaid,  no  suit  at  law  or  in  equity  shall 
be  thereby  abated ;  but  it  shall  and  may  be  lawful  for  the  court  in  which 
any  suit  may  depend,  upon  the  suggestion  of  a  removal  of  a  former 
assignee  or  assignees,  and  of  the  appointment  of  a  new  assignee  or  as- 
signees, to  allow  the  name  of  such  new  assignee  or  assi^ees,  to  be  substi- 
tuted in  place  of  the  name  or  names  of  the  former  assignee  or  assignees, 
and  thereupon  the  suit  shall  be  prosecuted  in  the  name  or  names  of  the 
new  assignee  or  assignees,  in  the  same  manner  as  if  he  or  they  had 
originally  commenced  the  suit  in  his  or  their  own  names. 

Sec.  10.  And  he  it  further  enacted.  That  the  assignment  or  assign- 
ments  of  the  commissioners  of  the  bankrupt's  estate  and  effects  as  afor^ 
said,  made  as  aforesaid,  shall  be  good  at  law  or  in  equity,  against  the 
bankrupt;  and  all  persons  claiming  by,  from,  or  under  such  t>ankrupt, 
by  any  act  done  at  the  time,  or  afier  he  shall  have  committed  the  act  of 
bankruptcy,  upon  which  the  commission  issued :  Pranded  ahoays,  that 
in  case  of  a  hona  fide  purchase  made  before  the  issuing  of  the  commis- 
sion from  or  under  such  bankrupt,  for  a  valuable  consideration,  by  any 
person  having  no  knowledge,  information,  or  notice  of  any  act  of  bank- 
ruptcy committed,  such  purchase  shaU  not  be  invalidated  or  impeached. 

Sec.  11.  And  he  it  jvrther  Enacted,  That  the  said  commissioners  shall 
have  power,  by  deed  or  deeds,  under  their  hands  and  seals,  to  assign 
and  convey  to  the  assignee  or  assignees,  to  be  appointed  or  chosen  as 
aforesaid,  any  lands,  tenements,  or  hereditaments,  which  such  bankrupt 
shall  be  seised  of,  or  entitled  to,  in  fee  tail,  at  law,  or  in  equity,  in 
possession,  remainder,  or  reversion,  for  the  benefit  of  the  creditors ;  and 
all  such  deeds,  being  duly  executed  and  recorded  according  to  the  laws 
of  the  state  within  which  such  lands,  tenements,  or  hereditaments  may 
be  situate,  shaU  be  good  and  effectual  against  all  persons  whom  the  said 
bankrupt,  by  common  recovery,  or  other  means,  might  or  could  bar  of 
any  estate,  right,  title,  or  possibility  of  or  in  the  said  lands,  tenements, 
or  hereditaments. 

Sec.  12.  And  he  it  Jurther  enacted.  That  if  any  bankrupt  shall  have 
conveyed  or  assured  any  lands,  goods  or  estate,  unto  any  person,  upon 
condition  or  power  of  redemption,  by  payment  of  money  or  otherwise,  it 
shall  be  lawful  for  the  commissioners,  or  for  any  person  by  them  duly 
authorized  for  that  purpose,  by  writing,  under  their  hands  and  seals,  to 
make  tender  of  money  or  other  performance  according  to  the  nature  of 


SIXTH  CONGRESS.     Sebs.  I.  Cii.  19.     1800. 

such  condition,  ad  fully  as  the  bankrupt  might  have  done;  and  the  com- 
misioaers,  after  such  performance  or  tender,  shall  have  power  to  assign 
rach  lands,  goods  and  estate,  for  the  benefit  of  the  creditors,  as  fully 
and  eflfectually  as  any  other  part  of  the  estate  of  such  bankrupt. 

Sec.  13.  And  he  itjurther  enacted^  That  the  commissioners  aforesaid 
shall  have  power  to  assign,  for  the  use  aforesaid,  all  the  debts  due  to 
tach  bankrupt,  or  to  any  other  person  for  his  or  her  use  or  benefit; 
which  assignment  shall  vest  the  property  and  right  thereof  in  the  as- 
signee or  assiffnees  of  such  bankrupt,  as  fully  as  if  the  bond,  judgment, 
contract,  or  daim,  had  originally  belonged  or  been  made  to  the  said 
assignees;  and  after  the  said  assignment,  neither  the  said  bankrupt,  nor 
any  perscm  acting  as  trustee  for  him  or  her,  shall  have  power  to  recover 
or  discharge  the  same,  nor  shall  the  same  be  attached  as  the  debt  of  the 
said  bankrupt;  but  the  assignee  or  assignees  aforesaid  shall  have  such 
remedy  to  recover  the  same,  in  his  or  their  own  name  or  names,  as  such 
bankrupt  might  or  could  have  had,  if  no  commission  of  bankruptcy  had 
issued.  And  when  any  action  in  the  name  of  such  bankrupt  shall  have 
been  commenced,  and  shall  be  pending  for  the  recovery  of  any  debt  or 
eftcta  of  such  bankrupt,  which  shall  be  assigned,  or  shall,  or  might  be- 
come vested  in  the  assignee  or  assignees  of  such  bankrupt  as  aforesaid, 
then  soch  assignee  or  assignees  may  claim  to  be,  and  shall  be  thereupon 
admitted  to  prosecute  such  action  in  his  or  their  name,  for  the  use  and 
benefit  of  the  creditors  of  such  bankrupt;  and  the  same  judgment  shall 
be  rendered  in  such  action,  and  all  attachments  or  other  security  taken 
therein,  shall  be  in  like  manner  holden  and  liable,  as  if  the  said  action 
had  been  originally  commenced  in  the  name  of  such  assignee  or  as- 
signees, after  the  original  plaintiff  therein  had  become  a  bankrupt  as 
aforesaid:  Provided,  that  where  a  debtor  shall  have,  bona  fide,  paid  his 
debt  to  any  bankrupt,  without  notice  that  such  person  was  bankrupt,  he 
or  she  shall  not  be  liable  to  pay  the  same  to  the  assignee  or  assignees. 

Sec.  14.  And  he  it  Jurther  enacted.  That  if  complaint  shall  be  made 
or  information  given  to  the  commissioners,  or  if  they  shall  have  good 
reason  to  believe  or  su^cct,  that  any  of  the  property,  goods,  chattels,  or 
debts,  of  the  bankrupt,  are  in  the  possession  of  any  other  person,  or  that 
any  person  is  indebted  to,  or  for  the  use  of  the  bankrupt,  then  the  said 
oommissioners  shall  have  power  to  summon,  or  to  cause  to  be  sum- 
moned, by  their  attorney  or  other  person  duly  authorized  by  them,  all 
such  persons  before  them,  or  the  judge  of  the  district  where  such  person 
shall  reside,  by  such  process,  or  other  means,  as  they  shall  think  con- 
venient, and  upon  their  appearance,  toexamine  them  by  parole  or  by  inter- 
rogatories, in  writing,  on  oath,  or  affirmation,  which  oath  or  affirmation 
they  are  hereby  empowered  to  administer,  respecting  the  knowledge  of 
all  such  property,  goods,  chattels,  and  debts;  and  if  such  person  shall 
refuse  to  be  sworn  or  affirmed,  and  to  make  answer  to  such  questions  or 
interrogatcNries  as  shall  be  administered,  and  to  subscribe  the  said  an- 
tvers,  or  upon  examination  shall  not  declare  the  whole  truth,  touching 
the  subject  matter  of  such  examination,  then  it  shall  be  lawful  for  the 
commissioners,  or  judge,  to  commit  such  person  to  prison,  there  to  be 
detained  until  they  shall  submit  themselves  to  be  examined  in  manner 
aforenid,  and  they  shall,  moreover,  forfeit  double  the  value  of  all  the 
property,  goods,  chattels,  and  debts,  by  them  concealed. 

Sec.  15.  And  be  it  further  enacted,  That  if  any  of  the  aforesaid 
persons  shall,  after  legal  summons  to  appear  before  the  commissioners 
or  judge,  to  be  examined,  refuse  to  attend,  or  shall  not  attend  at  the 
time  appointed,  having  no  such  impediment  as  shall  be  allowed  of  by 
the  commissioners  or  judge,  it  shall  be  lawful  for  the  said  commissioners 
or  judge  to  direct  their  warrants  to  such  person  or  persons  as  by  them 
shall  be  thought  proper,  to  apprehend  such  persons  as  shall  refuse  to  ap- 
pear, and  to  bringthem  before  the  commissioners  or  judge,  to  be  examined. 

Vol.  it— 4  C 


35 


Effect  of  the 
■Mignment  of 
debts,  and  mode 
of  recovery. 


Mode  of  difl. 
covering  con- 
ceded  property 
or  debts. 


Mode  of  com- 
pelling the  at- 
tendance of  wit- 


'Mi 


SIXTH  CONGRESS.    Sess.  I.  Cn.  19.    1800. 


Their  com- 
pensation. 

Panithment  of 
peijaryindtab- 
ornation  there- 
of. 


Penalty  on 
making  a  fraud- 
ulent  claim. 


Commisiion- 
era  may  assign 
property  frand- 
ttlently  conroy- 
cd  away. 


Duty  of  the 
bankrupt  to  sur- 
render himself 
and  be   exa- 
mined, fcc. 


and  upon  their  refusal  to  come,  to  commit  them  to  prison,  until  they  shall 
submit  themselves  to  be  examined,  according  to  the  directions  of  this  act : 
Provided,  that  such  witnesses  as  shall  be  so  sent  for,  shall  be  allowed  such 
compensation  as  the  commissioners  or  judge  shall  think  fit,  to  be  rateably 
borne  by  the  creditors ;  and  if  any  person,  other  than  the  bankrupt,  either 
by  subornation  of  others,  or  by  his  or  her  own  act,  shall  wilfully  or  cor- 
ruptly commit  perjury  on  such  examination,  to  be  taken  before  the  com- 
missioners as  aforesaid,  the  party  so  offending,  and  all  persons  who  shall 
procure  any  person  to  commit  such  perjury,  shall,  on  conviction  thereof, 
be  fined,  not  exceeding  four  thousand  dollars,  and  imprisoned,  not  ex- 
ceeding two  years,  and  moreover  shall,  in  either  case,  be  rendered  inca- 
pable of  being  a  witness  in  any  court  of  record. 

Sec.  16.  And  be  it  further  enacted,  That  if  any  person  or  persons 
shall  fraudulently,  or  collusively  claim  any  debts,  or  claim  or  detain  any 
real  or  personal  estate  of  the  bankrupt,  every  such  person  shall  forfeit 
double  the  value  thereof,  to  and  for  the  use  of  the  creditors. 

Sec.  17.  And  be  it  farther  enacted.  That  if  any  person,  prior  to  his 
or  her  becoming  a  bankrupt,  shall  convey  to  any  of  his  or  her  children, 
or  other  persons,  any  lands  or  goods,  or  transfer  his  or  [herl  debts  or 
demands  into  other  persons'  names,  with  intent  to  defraud  nis  or  her 
creditors,  the  commissioners  shall  have  power  to  assign  the  same,  in  as 
effectual  a  manner  as  if  the  bankrupt  had  been  actually  seised  or  pos- 
sessed thereof. 

Sec.  18.  And  be  it  farther  enacted.  That  if  any  person  or  persons 
who  shall  become  bankrupt  within  the  intent  and  meaning  of  this  act, 
and  against  whom  a  commission  of  bankruptcy  shall  be  duly  issued, 
upon  which  commission  such  person  or  persons  shall  be  declared  bank- 
rupt, shall  not,  within  forty-two  days  afler  notice  thereof,  in  writing,  to 
be  left  at  the  usual  place  of  abode  of  such  person  or  persons,  or  personal 
notice  in  case  such  person  or  persons  be  then  in  prison,  and  notice  given 
in  some  gazette,  that  such  commission  hath  been  issued,  and  of  the  time 
and  place  of  meeting  of  the  commissioners,  surrender  him  or  herself  to 
the  said  commissioners,  and  sign  or  subscribe  such  surrender,  and  sub- 
mit to  be  examined,  from  time  to  time,  upon  oath  or  solemn  affirmation, 
by  and  before  such  commissioners,  and  in  all  things  conform  to  the  pro- 
visions of  this  act,  and  also  upon  such  his  or  her  examination,  fully  and 
truly  disclose  and  discover  all  his  or  her  effects  and  estate,  real  and  per- 
sonal, and  how  and  in  what  manner,  to  whom  and  upon  what  consider- 
ation, and  at  what  time  or  times  he  or  she  hath  dispoised  of,  assigned  or 
transferred,  any  of  his  or  her  goods,  wares,  or  merchandise,  monies,  or 
other  effects  and  estate,  and  of  all  books,  papers  and  writings  relating 
thereunto,  of  which  he  or  she  was  possessed,  or  in  or  to  which  he  or  she 
was  any  ways  interested  or  entitled,  or  which  any  person  or  persons  shall 
then  have,  or  shall  have  had  in  trust  for  him  or  her,  or  for  his  or  her  use, 
at  any  time  before  or  afler  the  issuing  of  the  said  commission,  or  whereby 
such  bankrupt,  or  his  or  her  family  then  hath,  or  may  have  or  expect  any 
profit,  possibility  of  profit,  benefit  or  advantage  whatsoever,  except  only 
such  part  of  his  or  her  estate  and  effects  as  shall  have  been  really  and 
bftna  jide  before  sold  and  disposed  of,  in  the  way  of  his  or  her  trade  and 
dealings,  and  except  such  sums  of  money  as  shall  have  been  laid  out  in 
the  ordinary  expenses  of  his  or  her  family,  and  also  upon  such  examina- 
tion, execute  in  due  form  of  law,  such  conveyance,  assurance,  and  assign- 
ment of  his  or  her  estate,  whatsoever  and  wheresoever,  as  shall  be 
devised  and  directed  by  the  commissioners,  to  vest  the  same  in  the 
assignees,  their  heirs,  executors,  administrators,  and  assigns  for  ever,  in 
trust,  for  the  use  of  all  and  every  the  creditors  of  such  bankrupt,  who 
shall  come  in  and  prove  their  debts  under  the  commission ;  and  deliver 
up  unto  the  commissioners,  all  such  part  of  his  or  her  the  said  bankrupt's 
goods,  wares,  merchandises,  money,  effects  and  estate,  and  all  books. 


SIXTH  CONGRESS.     Sess.  I.  Ch.  19.     1800. 


a7 


papers^  and  writings  relating  thereunto,  as  at  the  time  of  such  examination 
shall  be  in  his  or  her  possession,  custody  or  power,  his  or  her  necessary 
wearing  apparel,  and  the  necessary  wearing  apparel  of  the  wife  and  chil- 
dren, and  necessary  beds  and  bedding,  of  such  bankrupt  only  excepted, 
then  he  or  she  the  said  bankrupt,  upon  the  conviction  of  any  wilful  default, 
or  omission  in  any  of  the  matters  or  things  aforesaid,  shall  be  adjudged  a 
fraodulent  bankrupt,  and  shall  suffer  imprisonment  for  a  term  not  less  than 
twelve  months,  nor  exceeding  ten  years,  and  shall  not,  at  any  time  afler, 
be  entitled  to  the  benefits  of  this  act :  Provided  abeaifs,  that  in  case  any 
bankrupt  shall  be  in  prison  or  custody  at  the  time  of  issuing  such  commis- 
sion, and  is  willing  to  surrender  and  submit  to  be  examined,  according  to 
the  directions  of  this  act,  and  can  be  brought  before  the  said  commission- 
ers and  creditors  for  that  purpose,  the  expense  thereof  shall  be  paid  out 
of  the  said  bankrupt's  effects,  and  in  case  such  bankrupt  is  in  execution,  or 
cannot  be  brought  before  the  commissioners,  that  then  the  said  commis* 
sioneis,  cmt  some  one  of  them  shall,  from  time  to  time,  attend  the  said 
bankrupt  in  prison  or  custody,  and  take  his  or  her  discovery  as  in  other 
cases,  and  the  assignees,  or  one  of  them,  or  some  person  appointed  by 
them,  shaD  attend  such  bankrupt  in  prison  or  custody,  and  produce  his 
or  her  books,  papers  and  writings,  in  order  to  enable  him  or  her  to 
prqmre  his  or  her  discovery ;  a  copy  whereof  the  said  assignees  shall 
qiply  for,  and  the  said  banlorupt  shall  deliver  to  them  or  their  order, 
within  a  reasonable  time  after  the  same  shall  have  been  required. 

Ssc.  19.  And  be  it  further  enacted.  That  the  said  commissioners  shall 
appoint,  within  the  said  forty-two  days,  so  limited  as  aforesaid,  for  the 
bankrupt  to  surrender  and  conform  as  aforesaid,  not  less  than  three  seve- 
ral meetings  for  the  purposes  aforesaid,  the  third  of  which  meetings  dhall 
be  on  the  kst  of  the  said  forty-two  days:  Provided  aboays,  that  the  judge 
of  the  district  within  which  such  commission  issues,  shall  have  power  to 
enlarge  the  time  so  limited  as  aforesaid,  for  the  purposes  aforesaid,  as  he 
ahaD  think  fit,  not  exceeding  fifty  days,  to  be  computed  from  the  end  of 
the  said  forty-two  days,  so  as  such  order  for  enlarging  the  time  be  made 
at  least  six  days  before  the  expiration  of  said  term. 

Sec.  20.  And  be  it  fitrther  enacted.  That  it  shall  be  lawful  for  the 
commissioners,  or  any  other  person  or  officers,  by  them  to  be  appointed, 
by  their  warrant,  under  their  hands  and  seals,  to  break  open  in  the  day 
time  the  honses,  chambers,  shops,  warehouses,  doors,  trunks,  or  chests, 
of  the  bankrupt,  where  any  of  his  or  her  goods  or  estate,  deeds,  books 
of  acoonnt,  or  writings,  shall  be,  and  to  take  possession  of  the  ffoods, 
money,  and  other  estate,  deeds,  books  of  account  or  writings  of  such 
bankrupt 

Sbc.  21.  And  be  it  further  enacted.  That  if  the  bankrupt  shall  refuse 
to  be  examined,  or  to  answer  fully,  or  to  subscribe  his  or  her  examina- 
tion as  aforesaid,  it  shall  be  lawful  for  the  commissioners  to  commit  the 
ofiender  to  close  imprisonment,  until  he  or  she  shall  conform  him  or 
herself;  and  if  the  said  bankrupt  shall  submit  to  be  examined,  and  upon 
his  or  her  examination,  it  shall  appear  that  he  or  she  hath  committed 
wilfo]  or  cormpt  perjury,  he  or  she  may  be  indicted  therefor,  and  being 
thereof  convicted,  shall  suffer  imprisonment  for  a  term  not  less  than  two 
years,  nor  exceeding  ten  years. 

Sbc.  22.  And  be  it  fitrther  enacted.  That  every  bankrupt,  having 
surrendered,  shall,  at  all  seasonable  times  before  the  expiration  of  the 
said  forty-two  days,  as  aforesaid,  or  of  such  further  time  as  shall  be 
aDowed  to  finish  his  or  her  examination,  be  at  liberty  to  inspect  his  or 
her  books  and  writings,  in  the  presence  of  some  person  to  be  appointed 
by  the  commissioners,  and  to  bring  with  him  or  her,  for  his  or  her  as- 
sistance,  such  persons  as  he  or  she  shall  think  fit,  not  exceeding  two  at 
one  time,  and  to  make  extracts  and  copies  to  enable  him  or  her  to 
make  a  full  discovery  of  his  or  her  effects ;  and  the  said  bankrupt  shall 


Mode  of  eza- 
mination  whon 
the  bankrapt  is 
in  prison. 


inff  to 
pointed 
tfaetenn 


Dajfof  meet, 
be  ep- 
within 
tenn  limited 
for  the  fniren- 
der,  ke. 

The  term  may 
be  enlarged. 


Hooiea,doora, 
Ite.  of  the  bank- 
rapt  may  be 
broken  open. 


Bankrapt  may 
be  committed 
for  refiual  to  be 
examined,  kc. 


Punishment 
of  his  peijurj. 


To  have  ac- 
COM   to   hia 
booka  and  writ* 
inga. 


98 


SIXTH  CONGRESS.    Sess.  1.  Ch.  19.     1800. 


To  be  free 
IVom  arrest  in 
coming  to  tar. 
render,  Ike. 


Penalty  on 
concealing  a 
iMakrapt. 


Bankrupt*! 
wife  may  be  ex- 
amiaed. 


CauM  of  com  • 
mitment  to  be 
expreaied  in  the 
comminioners' 
warrant. 


Boonty  for 
diacoTeriog 
bankrupt's  ei. 
Ute. 

Penalty  on 
trustees    con- 
cealing bis  pro- 
perty. 


Goods  of  which 
the  bankrupt  is 
the    reputed 
owner,  may  be 
assigned. 


penalty  on  the 
person  suing  out 
a  commission, 
receiving  an  un. 
due  satisfaction 
fW>m  the  bank- 
rupt. Proceed, 
ings  thereon. 


be  free  from  arrests,  in  coining  to  surrender,  and  after  having  surren- 
dered to  the  said  commissioners,  for  the  said  forty-two  days,  or  such 
farther  time  as  shall  be  allowed  for  the  finishing  his  or  her  eitamination; 
and  in  case  such  bankrupt  shall  be  arrested  for  debt,  or  taken  on  any 
escape  warrant  or  execution,  coming  to  surrender,  or  after  his  surren- 
der within  the  time  before  mentioned,  then  on  producing  such  summons 
or  notice  under  the  hand  of  the  commissioners,  and  giving  the  officer  a 
copy  thereof,  he  or  she  shall  be  discharged;  and  in  case  any  officer  shall 
afterwards  detain  such  bankrupt,  such  officer  shall  forfeit  to  such  bank- 
rupt for  his  or  her  own  use,  ten  dollars  for  every  day  he  shall  detain  the 
bankrupt. 

Sec.  23.  And  be  it  further  enacted^  That  every  person  who  shall 
knowingly  or  wilfully  receive  or  keep  concealed  any  bankrupt,  so  as 
aforesaid  summoned  to  appear,  or  who  shall  assist  such  bankrupt  in 
concealing  him  or  herself,  or  in  absconding,  shall  suffer  such  imprison- 
ment, not  exceeding  twelve  months,  or  pay  such  fine  to  the  United 
States,  not  exceeding  one  thousand  dollars,  as  upon  conviction  thereof 
shall  be  adjudged. 

Sec.  24.  And  be  it  further  enacted.  That  the  said  commissioners  shall 
have  power  to  examine,  upon  oath  or  affirmation,  the  wife  of  any  person 
lawfully  declared  a  bankrupt,  for  the  discovery  of  such  part  of  his  estate 
as  may  be  concealed  or  disposed  of  by  such  wife,  or  by  any  other  per- 
son; and  the  said  wife  shall  incur  such  penalties  for  not  appearing 
before  the  said  commissioners,  or  refusing  to  be  sworn  or  affirmed,  or 
examined,  and  to  subscribe  her  examination,  or  for  not  disclosing  the 
truth,  as  by  this  act  is  provided  against  any  other  person  in  like  cases. 

Sec.  25.  And  be  it  further  enacted,  That  in  case  any  person  shall 
be  committed  by  the  commissioners  for  refusing  to  answer,  or  for  not 
fully  answering  any  question,  or  for  any  other  cause,  the  commis- 
sioners shall,  in  their  warrant,  specify  such  question  or  other  cause  of 
commitment. 

Sec.  26.  Anrl  be  it  further  enacted,  Thui  if  after  the  bankrupt  shall 
have  finished  his  or  her  final  examination,  any  other  person  or  persons 
shall  voluntarily  make  discovery  of  any  part  of  such  bankrupt's  estate, 
before  unknown  to  the  commissioners,  such  person  or  persons  shall  be 
entitled  to  five  per  cent,  out  of  the  effects  so  discovered,  and  such  fur- 
ther reward  as  the  commissioners  shall  think  proper ;  and  any  trustee 
having  notice  of  the  bankruptcy,  wilfully  concealing  the  estate  of  any 
bankrupt,  for  the  space  of  ten  days  after  the  bankrupt  shi^l  have  fin- 
ished his  final  examination,  as  aforesaid,  shall  forfeit  double  the  value  of 
the  estate  so  concealed,  for  the  benefit  of  the  creditors. 

Sec.  27.  And  be  it  further  enacted.  That  if  any  person  shall  become 
bankrupt,  and  at  such  time,  by  consent  of  the  owner,  have  in  his  or  her 
possession  and  disposition,  any  goods  whereof  he  or  she  shall  be  reputed 
owner,  and  take  upon  him  or  herself,  the  sale,  alteration,  or  disposition 
thereof,  as  owner,  the  commissioners  shall  have  power  to  assign  the 
same,  for  the  benefit  of  the  creditors,  as  fully  as  any  other  part  of  the 
estate  of  the  bankrupt. 

Sec  28.  And  be  it  further  enacted.  That  if  any  bankrupt,  after  the 
issuing  any  commission  against  him  or  her,  pay  to  the  person  who  sued 
out  the  same,  or  give  or  deliver  to  such  person,  goods  or  any  other  satis- 
faction or  security  for  his  or  her  debt,  whereby  such  person  shall  pri- 
vately have  and  receive  a  greater  proportion  of  his  or  her  debt  than  the 
other  creditors,  such  preference  shall  be  a  new  act  of  bankruptcy,  and 
on  good  proof  thereof,  such  commission  shall  and  may  be  superseded, 
and  it  shall  and  may  be  lawftil  for  either  of  the  judges,  having  authority 
to  grant  the  commission  as  aforesaid,  to  award  any  creditor  petitioning 
another  commission,  and  such  person,  so  taking  such  undue  satisfaction 
as  aforesaid,  shall  forfeit  and  lose,  as  well  his  or  her  whole  debts,  as  the 


SIXTH  CONGRESS.    Sess.  I.  Ch.  19.     1800. 


Mode  oPmtk. 
iiiffthefiifft  di* 
Tidend. 


whale  he  or  she  shall  have  taken  and  received,  and  shall  pay  back,  or 
ddiver  up  the  same,  or  the  full  value  thereof,  to  the  assignee  or  assignees 
who  shall  be  appointed  or  chosen  under  such  commission,  in  manner 
aforesaid,  in  trust  for,  and  to  be  divided  amon^  the  other  creditors  of 
the  said  buikrupt,  in  proportion  to  their  respective  debts. 

Sbc.  529.  And  be  it  further  enacted^  That  every  person  who  shall  be  Notice  of  a 
chosen  assignee  of  the  estate  and  effects  of  a  bankrupt,  shall,  at  some  dividend. 
time  after  the  expiration  of  four' months,  and  within  twelve  months  from 
the  time  of  issuing  the  commission,  cause  at  least  thirty  days  public 
notice  to  be  given,  of  the  time  and  place  the  commissioners  and  as- 
signees intend  to  meet,  to  make  a  dividend  or  distribution  of  the  bank- 
rupt's estate  and  effects ;  at  which  time  the  creditors  who  have  not  before 
prored  their  debts,  shaD  be  at  liberty  to  prove  the  same ;  and  upon  every 
sQch  meeting,  the  assignee  or  assignees  shall  produce  to  the  commis- 
aoners  and  creditors  then  present,  fair  and  just  accounts  of  all  his  or 
their  receipts  and  payments,  touching  the  bankrupt's  estate  and  effects, 
and  of  what  shall  remain  outstanding,  and  the  particulars  thereof,  and 
diaD,  if  the  creditors  then  present,  or  a  major  part  of  them,  reauire  the 
same,  be  examined  upon  oath  or  solemn  affirmation,  before  tne  same 
oommissioners,  touching  the  truth  of  such  accounts;  and  in  such 
accoimtSy  the  said  assignee  or  assignees  shall  be  allowed  and  retain  aU 
sach  sum  and  sums  of  money,  as  they  shall  have  paid  or  expended  in 
suing  oat  and  prosecuting  the  commission,  and  all  other  just  allowances 
on  account  of,  or  by  reason  or  means  of  their  being  assignee  or  as- 
signees; and  the  said  commissioners  shall  order  such  part  of  the  nett 
produce  of  the  said  bankrupt's  estate,  as  by  such  accounts  or  otherwise 
shall  appear  to  be  in  the  hands  of  the  said  assignees,  as  they  shall  think 
fit,  u>  be  forthwith  divided  among  such  of  the  bankrupt's  creditors  as 
have  duly  proved  their  debts  under  such  commission,  in  proportion  to 
their  several  and  re^>ective  debts ;  and  the  commissioners  shall  make 
such  their  order  for  a  dividend  in  writing,  under  their  hands,  and  shall 
caose  one  part  of  such  order  to  be  filed  amongst  the  proceedings  under 
the  said  commission,  and  shall  deliver  unto  each  of  the  assignees  under 
such  commission,  a  duplicate  of  such  their  order,  which  order  of  distri- 
bution shall  contain  an  account  of  the  time  and  place  of  making  such 
order,  and  the  sum  total  or  quantum  of  all  the  debts  proved  under  the 
commission,  and  the  sum  total  of  the  money  remaining  in  the  hands  of 
the  assignee  or  assignees  to  be  divided,  and  how  many  per  cent,  in  par- 
ticular is  there  ordered  to  be  paid  to  every  creditor  of  his  debt ;  and  the 
said  assignee  or  assignees  in  pursuance  of  such  order,  and  without  any 
deed  or  deeds  of  distribution,  to  be  made  for  the  purpose,  shall  forthwith 
make  such  dividend  and  distribution  accordingly,  and  shall  take  receipts 
in  a  book  to  be  kept  for  the  purpose,  from  each  creditor,  for  the  part  or 
share  of  such  dividend  or  distribution,  which  he  or  they  shall  make,  and 
pay  to  each  creditor  respectively ;  and  such  order  and  receipt  shall  be  a 
fall  and  effectual  discharge  to  such  assignee  for  so  much  as  he  shall 
fairly  pay,  pursuant  to  such  order  as  aforesaid. 

Sec.  90.  And  be  it  further  enacted,  That  within  eighteen  months 
next  after  the  issuing  of  the  commission,  the  assignee  or  assignees  shall 
make  a  second  dividend  of  the  bankrupt's  estate  and  effects,  m  case  the 
same  were  not  wholly  divided  upon  the  first  dividend,  and  shall  cause 
due  public  notice  to  be  given  of  the  time  and  place  the  said  commis- 
sioners intend  to  meet,  to  make  a  second  distribution  of  the  bankrupt's 
estate  and  effects,  and  for  the  creditors  who  shall  not  before  have  proved 
their  debts,  to  come  in  and  prove  the  same ;  and  at  such  meeting,  the 
said  assignees  shall  produce,  on  oath  or  solemn  affirmation  as  aforesaid, 
their  accounts  of  the  bankrupt's  estate  and  effects,  and  what,  upon  the 
balance  thereof  shall  appear  to  be  in  their  hands,  shall  by  like  order  of 
the  eommisiioners,  be  forthwith  divided  amongst  such  of  the  bankrupt's 


Second  and 
rabaeonent  di- 
Tidenof. 


30 


SIXTH  CONGRESS.     Sess.  1.  Cii.  19.     1800. 


Bankrupt't  es. 
tate  to  be  pro. 
portionaJiy  di- 
vided  without 
regard   to  cre- 
ditors* tecurity. 


Assignee! 
shall  keep  books 
of  account  open 
to  the  creditors' 
inspection. 


Bankrupt 
bound  to  attend 
the  assignees 
when  required. 


Allowance  to 
the    bankrupt 
out  of  his  estate. 


He  shall  be 
discharged  (rom 
all  debts  which 
night  be  proTsd 
under  the  com- 
mission. 


creditors  as  shall  have  made  due  proof  of  their  debts,  in  proportion  to 
their  several  and  respective  debts ;  which  second  dividend  shaJI  be  final, 
unless  any  suit  at  law,  or  equity,  be  dependinjjf,  or  any  part  of  the  estate 
standing  out,  that  could  not  have  b^en  disposed  of,  or  that  the  major 
part  of  the  creditors  shall  not  have  agreed  to  be  sold  or  disposed  of,  or 
unless  some  other  or  future  estate  or  effects  of  the  bankrupt  shall  after- 
wards come  to,  or  rest  in  the  said  assignees,  in  which  cases  the  said 
assignees  shall,  as  soon  as  may  be,  convert  such  future  or  other  estate 
and  effects  into  money,  and  shall,  within  two  months  after  the  same  be 
converted  into  money,  by  like  order  of  the  commissioners,  divide  the 
same  among  such  bankrupt's  creditors  as  shall  have  made  due  proof  of 
their  debt  under  such  commission. 

Sec.  31.  And  be  itjurther  enacted^  That  in  the  distribution  of  the 
bankrupt's  effects,  there  shall  be  paid  to  every  of  the  creditors  a  portion- 
rate,  according  to  the  amount  of  their  respective  debts,  so  that  every 
creditor  having  security  for  his  debt  by  judgment,  statute,  recognizance, 
or  specialty,  or  having  an  attachment  under  any  of  the  laws  of  the 
individual  states,  or  of  the  United  States,  on  the  estate  of  such  bank- 
rupt, {Provided,  there  be  no  execution  executed  upon  any  of  the  real 
or  personal  estate  of  such  bankrupt,  before  the  time  he  or  she  became 
bankrupts)  shall  not  be  relieved  upon  any  such  judgment,  statute,  recogni- 
zance, specialty,  or  attachment,  for  more  than  a  rateable  part  of  his 
debt,  with  the  other  creditors  of  the  bankrupt. 

Sec.  32.  And  he  it  further  enacted,  That  the  assignees  shall  keep 
one  or  more  distinct  book  or  books  of  account,  wherein  he  or  they  shall 
duly  enter  all  sums  of  money  or  effects,  which  he  or  they  shall  have  re- 
ceived, or  got  into  his  or  their  possession,  of  the  said  bankrupt's  estate, 
to  which  books  of  account,  every  creditor  who  shall  have  proved  his  or 
her  debt,  shall,  at  all  reasonable  times,  have  free  resort,  and  inspect  the 
same  as  often  as  he  or  she  shall  think  fit. 

Sec.  33.  And  be  it  further  enacted.  That  every  bankrupt,  not  being 
in  prison  or  custody,  shall,  at  all  times  after  his  surrender,  be  bound  to 
attend  the  assignees,  upon  every  reasonable  notice,  in  writing,  for  that 
purpose,  given  or  left  at  the  usual  place  of  his  or  her  abode,  in  order  to 
assist  in  making  out  the  accounts  of  the  said  bankrupt's  estate  and  effects, 
and  to  attend  any  court  of  record,  to  be  examined  touching  the  same, 
or  such  other  business,  as  the  said  assignees  shall  judge  necessary,  for 
which  he  shall  receive  three  dollars  per  day. 

Sec.  34.  And  he  it  further  enacted.  That  all  and  every  person  and 
persons  who  shall  become  bankrupt  as  aforesaid,  and  who  shall,  within 
the  time  limited  by  this  act,  surrender  him  or  herself  to  the  commis- 
sioners, and  in  all  things  conform  as  in  and  by  this  act  is  directed,  shall 
be  allowed  five  per  cent,  upon  the  nett  produce  of  all  the  estate  that 
shall  be  recovered  in  and  received,  which  shall  be  paid  unto  him  or  her 
by  the  assignee  or  assignees,  in  case  the  nett  produce  of  such  estate, 
after  such  allowance  made,  shall  be  sufficient  to  pay  the  creditors  of 
said  bankrupt,  who  shall  have  proved  their  debts  under  such  commission, 
the  amount  of  fifty  per  cent,  on  their  said  debts,  respectively,  and  so  as 
the  said  five  per  cent,  shall  not  exceed,  in  the  whole,  the  sum  of  five 
hundred  doUars ;  and  in  case  the  nett  produce  of  the  said  estate  shall, 
over  and  above  the  allowance  hereafter  mentioned,  be  sufficient  to  pay 
the  said  creditors  seventy-five  per  cent,  on  the  amount  of  their  said  debts, 
respectively,  that  then  the  said  bankrupt  shall  be  allowed  ten  per  cent, 
on  the  amount  of  such  nett  produce,  to  be  paid  as  aforesaid,  so  as  such 
ten  per  cent,  shall  not,  in  the  whole,  exceed  the  sum  of  eight  hundred 
dollars;  and  every  such  bankrupt  shall  be  discharged  from  all  debts  by 
him  or  her  due  or  owing,  at  the  time  he  or  she  became  bankrupt,  and 
all  which  were  or  might  have  been  proved  under  the  said  commission  : 
lind  in  case  any  such  bankrupt  shall  afterwards  be  arrested,  prosecutea 


SIXTH  CONGRESS.     Seas.  I.  Ch.  19.     1800. 


31 


or  impleaded,  for  or  on  account  of  any  of  the  said  debts,  such  bankrupt 
naj  appear  without  bail,  and  may  plead  the  general  issue,  and  give  this 
ad,  and  the  special  matter  in  evidence.  And  the  certificate  of  such 
bankrupt's  conforming,  and  the  allowance  thereof,  according  to  the  direc- 
tions of  this  act,  shall  be,  and  shall  be  allowed  to  be,  sufficient  evidence, 
frima  fadt^  of  the  party's  being  a  bankrupt  within  the  meaning  of  this 
act,  and  of  the  commission  and  other  proceedings  precedent  to  the 
obuining  rach  certificate,  and  a  verdict  shall  thereupon  pass  for  the 
defendant,  unless  the  plaintiff  in  such  action  can  prove  the  said  certifi- 
cate was  obtained  unfairly,  and  by  fraud,  or  unless  he  can  make  appear 
any  concealment  of  estate  or  effects,  by  such  bankrupt  to  the  value  of 
one  hundred  dollars.  Provided,  That  no  such  discharge  of  a  bankrupt, 
shall  release  or  discharge  any  person  who  was  a  partner  with  such  bank- 
rupt, at  the  time  he  or  she  became  bankrupt,  or  who  was  then  jointly 
held  or  bound  with  such  bankrupt  for  the  same  debt  or  debts  from  which 
such  bankrupt  was  discharged  as  aforesaid. 

Sec.  35.  Provided  always,  and  be  it  further  enacted,  That  if  the  nett 
proceeds  of  the  bankrupt's  estate,  so  to  be  discovered,  recovered  and 
received,  shall  not  amount  to  so  much  as  will  pay  all  and  every  of  the 
creditors  of  the  said  bankrupt,  who  shall  have  proved  their  debts  under 
the  said  commission,  the  amount  of  fifly  per  cent,  on  their  debts  respec* 
tivelj,  after  all  charges  first  deducted,  that  then,  and  in  such  case,  the 
bankrupt  shall  not  be  allowed  five  per  centum  on  such  estate  as  shall 
be  recovered  in,  but  shall  have  and  be  paid  by  the  assignees  so  much 
money  as  the  commissioners  shall  think  fit  to  allow,  not  more  than  three 
hondred  dollars,  nor  exceeding  three  per  centum  on  the  nett  proceeds 
of  the  said  bankrupt's  estate. 

Sbc.  96.  Provided  also,  and  be  it  further  enacted.  That  no  person 
becoming  a  bankrupt  according  to  the  intent  and  provisions  of  this  act, 
riiaO  be  entitled  to  a  certificate  of  discharge,  or  to  any  of  the  benefits  of 
the  act,  unless  the  commissioners  shall  certify  under  their  hands,  to  the 
judge  of  the  district  within  which  such  commission  issues,  that  such 
bankrupt  hath  made  a  full  discovery  of  his  or  her  estate  and  effects,  and 
in  aO  things  conformed  him  or  herself  to  the  directions  of  this  act,  and 
that  there  doth  not  appear  to  them  any  reason  to  doubt  of  the  truth  of 
sDch  discovery,  or  that  the  same  was  not  a  full  discovery  of  the  said 
bankrupt's  estate  and  effects;  or  unless  the  said  judge  should  be  of 
opinion  that  the  said  certificate  was  unreasonably  denied  by  the  com- 
missioners ;  and  unless  two  thirds,  in  number  and  in  value,  of  the  cre- 
ditors of  the  bankrupt,  who  shall  be  creditors  for  not  less  than  fifty  dol- 
lars respectively,  and  who  shall  have  duly  proved  their  debts  under  the 
said  commission,  shall  sign  such  certificate  to  the  judge,  and  testify 
their  consent  to  the  allowance  of  a  certificate  of  discharge,  in  pursu- 
ance of  this  act ;  which  signing  and  consent  shall  be  also  certified  by 
the  commissioners;  but  the  said  commissioners  shall  not  certify  the 
same  till  they  have  proof  by  affidavit  or  affirmation,  in  writing,  of  such 
creditors,  or  of  the  persons  respectively  authorized  for  that  purpose, 
signing  the  said  certificate ;  which  affidavit  or  affirmation,  together  with 
iht  letter  or  power  of  attorney  to  sign,  shall  be  laid  before  the  judge  of 
the  district  within  which  such  commission  issues,  in  order  for  the  Slow- 
ing the  certificate  of  discharge,  and  the  said  certificate  shall  not  be 
al&wed  unless  the  bankrupt  make  oath  or  affirmation  in  writing,  that 
the  certificate  of  the  commissioners,  and  consent  of  the  creditors  there- 
unto were  obtained  fairly  and  without  fraud ;  and  any  of  the  creditors 
of  the  said  bankrupt  are  allowed  to  be  heard,  if  they  shall  think  fit,  before 
the  req>ective  persons  aforesaid,  against  the  making  or  allowing  of  such 
certificates  by  the  commissioners  or  jud^e. 

Sec.  87.  And  he  it  further  enacted,  That  if  any  creditor,  or  pretended 
creditor,  of  any  bankrupt,  shall  exhibit  to  the  commiraioners  any  ficti- 


If  the  bank- 
rupt'B  estate 
does  not  pay 
half  his  debts, 
what  allowance 
he  shall  have. 


A  oartificato 
of  discharge 
may  be  necas* 
■ary,   and  how 
it  is  to  be  ob- 
tained. 


For  what  mis- 
conduct of  the 


32 


SIXTH  CX)NGRESS.    Sbss.  I.  Cii.  19.     1800. 


baiiknipty  ho 
■haU  loM  his 
light  to  a  certi- 
ficmta,  fcc. 


Buikrupt,  if 
airetted,  maT 
bo  diachaigad 
OB  an  baoeaa 


Penona  whose 
debtaaradneat 
a   fliture   daj 
may  prove  thorn. 


of 

eertaia  booda, 
and  the  aaaored 
ia  a  poUcj  of 
insttFanoe  mav 
claim  under  the 


kc. 


Proeeediogs 
on  habeas  cor- 
pos,  brought  bj 
a  person  com- 
mitted by  the 


Penaltjoathe 
gaoler  suffering 
snch  person  to 
go  at  large. 


Prisoner  to  be 
piodnoed  by  the 
gaoler  on  de- 
raand  of  a  cre- 
ditor. 


tious  or  false  debt,  or  demand,  with  intent  to  defraud  the  real  creditors 
of  such  bankrupt,  and  the  bankrupt  shall  refuse  to  make  discovery  there- 
of, and  suffer  the  fair  creditors  to  be  imposed  upon,  he  shall  lose  all  title 
to  the  allowance  upon  the  amount  of  his  effects,  and  to  a  certificate  of 
discharge  as  aforesaid,  nor  shall  he  be  entitled  to  the  said  allowance  or 
certificate,  if  he  has  lost,  at  any  one  time  fifty  dollars,  or  in  the  whole 
thrte  hundred  dollars,  after  the  passing  of  this  act,  and  within  twelve 
months  before  he  became  a  bankrupt,  by  any  manner  of  gaming  or  wa- 
gering whatever. 

Sec.  38.  And  be  it  further  enacted,  That  if  any  bankrupt,  who  shall 
have  obtained  his  certificate,  shall  be  taken  in  execution  or  detained  in 
prison,  on  account  of  any  debts  owing  before  he  became  a  bankrupt,  by 
reason  that  judgment  was  obtained  before  such  certificate  was  allowed, 
it  shall  be  lawful  for  any  of  the  judges  of  the  court  wherein  judgment 
was  so  obtained,  or  for  any  court,  judge^  or  justice,  within  the  district  in 
which  such  bankrupt  shall  be  detained,  having  powers  to  award  or  allow 
the  writ  of  habeas  corpus,  on  such  bankrupt  producing  his  certificate  so 
as  aforesaid  allowed,  to  order  any  sheriff  or  gaoler  who  shall  have  such 
bankrupt  in  custody,  to  discharge  such  bankrupt  without  fee  or  charge, 
first  giving  reasonable  notice  to  the  plaintiff,  or  his  attorney,  of  the  mo- 
tion for  such  discharge. 

Sec.  39.  And  be  it  further  enacted.  That  every  person  who  shall  have 
bonajide  ffiven  credit  to  or  taken  securities,  payable  at  future  days,  from 
persons  who  are  or  shall  become  bankrupts,  not  due  at  the  time  of  such 
persons  becoming  bankrupt,  shall  be  admitted  to  prove  their  debts  and 
contracts,  as  if  they  were  payable  presently,  and  shall  have  a  dividend  in 
proportion  to  the  other  creditors,  discounting,  where  no  interest  is  pay- 
able, at  the  rate  of  so  much  per  centum  per  annum,  as  is  equal  to  the 
lawful  interest  of  the  state  where  the  debt  was  payable ;  and  the  obligee 
of  any  bottomry  or  respondentia  bond,  and  the  assured  in  any  policy  of 
insurance,  shall  be  admitted  to  claim,  and  afler  the  contingency  or  loss, 
to  prove  the  debt  thereon,  in  like  manner  as  if  the  same  had  happened 
before  issuing  the  commission ;  and  the  bankrupt  shall  be  discharged 
firom  such  securities,  as  if  such  money  had  been  due  and  payable  before 
the  time  of  his  or  her  becoming  bankrupt ;  and  such  creditors  may  peti- 
tion for  a  commission,  or  join  in  petitioning. 

Sec.  40.  And  be  it  further  enacted,  That  in  case  any  person,  com- 
mitted by  the  commissioners'  warrant,  shall  obtain  a  habeas  corpus,  in 
order  to  be  discharged^  and  there  shall  appear  any  insufliciency  in  the 
form  of  the  warrant,  it  shall  be  lawful  for  the  court  or  judge  before  whom 
such  party  shall  be  brought  by  habeas  corpus,  by  rule  or  warrant,  to  com- 
mit such  persons  to  the  same  prison,  there  to  remain  until  he  shall  con- 
form as  aforesaid,  unless  it  shall  be  made  to  appear  that  he  had  fully 
answered  all  lawful  questions  put  to  him  by  the  commissioners ;  or  in 
case  such  person  was  committed  for  not  signing  his  examination,  unless 
it  shall  appear  that  the  party  had  good  reason  for  refusing  to  sign  the 
same,  or  that  the  commissioners  had  exceeded  their  authority  in  making 
such  commitment ;  and  in  case  the  gaoler  to  whom  such  person  shall  be 
committed,  shall  wilfulTy  or  negligently  suffer  such  person  to  escape,  or 
go  without  the  doors  or  walls  of  the  prison,  such  gaoler  shall,  for  such 
offence,  being  convicted  thereof,  forfeit  a  sum  not  exceeding  three  thou- 
sand dollars  K)r  the  use  of  the  creditors. 

Sec.  41.  And  be  it  further  enacted.  That  the  gaoler  shall,  upon  the 
request  of  any  creditor,  having  proved  his  debt,  and  showing  a  certifi- 
cate thereof,  under  the  hands  of  the  commissioners,  which  the  commis- 
sioners shall  give  without  fee  or  reward,  produce  the  person  so  com- 
mitted ;  and  in  case  such  gaoler  shall  refuse  to  show  such  person  to  such 
creditor,  requesting  the  same,  such  person  shall  be  considered  as  having 
escaped,  and  the  gaoler  or  sheriff  so  refusing,  shall  be  liable  as  for  a  wil- 
ful escape. 


SIXTH  CX)NGR£SS.    Scbs.  J.  Ch.  19.     1800. 


as 


Sbc  4SL  And  he  it  further  enacted.  That  where  it  shall  appear  to  the 
■aid  oommiasioDers  that  there  hath  been  mutual  credit  given  by  the  bank- 
mpt,  and  any  other  person,  or  mutual  debts  between  them  at  any  time 
bdbre  sach  person  became  bankrupt,  the  assignee  or  assignees  of  the 
estate  ahaU  state  the  account  between  them,  and  one  debt  may  be  set  off 
againai  the  other,  and  what  shall  appear  to  be  due  on  either  side  on  the 
balance  of  sach  account  after  such  set  off,  and  no  more,  shall  be  claimed 
or  paid  on  either  side  req[>ectiTely. 

Sbc.  43.  And  be  it  further  enacted.  That  it  shall  and  may  be  lawful 
to  and  lor  the  assignee  or  assignees  of  any  bankrupt's  estate  and  effects, 
under  the  direction  of  the  commissioners,  and  by  and  with  the  consent 
of  the  major  part  in  value  of  such  of  the  said  bankrupt's  creditors,  as 
shall  have  duly  proved  their  debts  under  the  commission,  and  shall  be 
present  at  any  meeting  of  the  said  creditors,  to  be  held  in  pursuance  of 
due  and  public  notice  for  that  purpose  given,  to  submit  any  difference 
or  diapate  for,  on  account  of,  or  by  reason  or  means  of,  any  matter, 
canae,  or  thing  whatsoever,  relating  to  such  bankrupt,  or  to  his  or  her 
estate  or  effects,  to  the  final  end  and  determination  of  arbitrators  to  be 
^losen  by  the  said  commissioners,  and  the  major  part  in  value  of  such 
creditors  as  shall  be  present  at  such  meeting  as  aforesaid,  and  the  party 
or  parties  with  whom  they  shall  have  such  difference  or  dispute,  and  to 
perform  the  award  of  such  arbitrators,  or  otherwise  to  compound  and 
agree  the  matter  in  difference  and  dispute  as  aforesaid,  in  such  manner 
aa  the  said  assignee  or  assignees  under  the  direction  and  with  the  con- 
sent aforesaid,  shall  think  fit  and  can  agree ;  and  the  same  shall  be  bind- 
ing on  the  several  creditors  of  the  said  bankrupt,  and  the  said  assignee 
or  assignees  are  hereby  indemnified  for  what  they  shall  fairly  do,  accord- 
ing to  the  directions  aforesaid. 

Sec.  44.  And  he  it  further  enacted.  That  the  assignees  shall  be,  and 
hereby  are  vested  with  full  power  to  dispose  of  all  the  bankrupt's  estate, 
real  and  personal,  at  public  auction  or  vendue,  without  being  subject  to 
any  tax,  duty,  imposition,  or  restriction,  any  law  to  the  contrary  notp 
withstanding. 

Sec.  45.  And  he  it  further  enacted.  That  if  after  any  commission  of 
bankruptcy,  sued  forth,  the  bankrupt  happen  to  die  before  the  commis- 
sioners shall  have  distributed  the  effects,  or  any  part  thereof,  the  com- 
missioners shall,  nevertheless,  proceed  to  execute  the  commission,  as 
fully  as  they  might  have  done  if  the  party  were  living. 

Sec.  46.  Am  he  it  further  enacted,  That  where  any  commission  of 
bankruptcy  shall  be  delivered  to  the  commissioners,  therein  named,  to 
be  executed,  it  shall  and  may  be  lawful  for  them  before  they  take  the 
oath  or  affirmation  of  qualification,  to  demand  and  take  from  the  creditor 
or  creditors  prosecuting  such  commission,  a  bond  with  one  good  security, 
if  required,  in  the  penalty  of  one  thousand  dollars,  conditioned  for  the 
payment  of  the  costs,  charges,  and  expenses,  which  shall  arise  and  accrue 
upon  the  prosecution  of  the  said  commission :  Provided  always,  that 
the  expenses,  so  as  aforesaid  to  be  secured  and  paid  by  the  petitioning 
'  creditor  or  creditors,  shall  be  repaid  to  him  or  them  by  the  commission- 
ers or  assignees,  out  of  the  first  monies  arising  from  the  bankrupt's 
estate  or  eflfects,  if  so  much  be  received  therefVom. 

Sbc  47.  And  he  ii  further  enacted.  That  the  district  judges,  in  each 
district  respectively,  shall  fix  a  rate  of  allowance  to  be  made  to  the 
commissioners  of  bankruptcy,  as  compensation  of  services  to  be  ren- 
dered under  the  commission,  and  it  shall  be  lawful  for  any  creditor,  by 
petition  to  the  district  judge,  to  except  to  any  charge  contained  in  the 
account  of  the  commissioners :  and  the  said  judge,  afler  hearing  the 
commissioners,  may  in  a  summary  way  decide  upon  the  validity  of  such 
excq>tion. 
Sec.  48.  Ai^  he  it  further  marked,  That  all  penalties  given  by  this 
Vol.  n. — 5 


OffMtl  to 

aUowed. 


Mmaj 
with  cbnient  of 
thecommiMioB. 
•ra,fcc.  Bfreeto 
a  reference  or 
cofflpromtM. 


Baakropt't  es- 
tate mtv  oe  dito 
poied  or  at  pub- 
lic aoction, 
withoul  paying 
doty,  fcc. 

What  i8  to  be 
done   if  the 
bankrupt  die, 
pending  the 
proceeding!. 


CommiMion- 
en  may  demand 
Mcurity  for  the 
expenses  of  the 
commission. 


District  judge 
to  fii  the  com- 
pensation to  the 
commissioners. 


34 


SIXTH  CONGRESS.    Sfiiw.  I.  Ch.  10.     1800. 


PenaJtiM  how 
recovered  and 
appropriated. 

Creneral  iuae 
and    doable 
cotte  provided 
for  defendants 
who  acted  un. 
der  the  commie. 


Property  com- 
ing to  the  bank- 
rupt, before  he 
obtains  a  certi- 
ficate, to  be 
vested  in  the 
commissioners. 


Proceedings 
of  the  commis. 
sioners  to  be 
filed  in  the  of- 
fice  of  the  clerk 
of  the  district, 
fcc. 


Creditors  maj 
attend  the  exa- 
minations of  the 
bankrupt  and 
the  sllowance 
of  the  certifi- 
cate. 


Trial  by  Jory 
may  be  bad  in 
relation  to  cer* 
tainlkcts. 


Allowance  to 
tii4  bankmpt, 
pendinff  the 
proceedings. 


Creditors  may 
direct    where 


act  for  the  benefit  of  the  creditors,  shall  be  reco?ered  by  the  assignee  or 
assignees  by  action  of  debt,  and  the  money  so  recovered,  the  charges  of 
suit  being  deducted,  shall  be  distributed  towards  payment  of  the  creditors. 
Sec.  49.  And  be  it  further  enacted^  That  if  any  action  shall  be 
brought  against  any  commissioner,  or  assignee,  or  other  person,  having 
authority  under  the  commission,  for  any  Uiing  done  or  performed  by 
force  of  this  act,  the  defendant  may  plead  the  general  issue,  and  give 
this  act  and  the  special  matter  in  evidence ;  and  in  case  of  a  nonsuit, 
discontinuance,  or  verdict  or  judgment  for  him,  he  shall  recover  double 
costs. 

Sec.  50.  And  he  it  further  enacted,  That  if  any  estate  real  or  per- 
sonal shall  descend,  revert  to,  or  become  vested  in  any  person,  after  he 
or  she  shall  be  declared  a  bankrupt,  and  before  he  or  she  shall  obtain  a 
certificate,  signed  by  the  judge  as  aforesaid,  all  such  estate  shall,  by 
virtue  of  this  act,  be  vested  in  the  said  commissioners,  and  shall  be  by 
them  assi^ed  and  conveyed  to  the  assignee  or  assignees  in  fee  simple, 
or  othenvise,  in  like  manner  as  above  directed,  with  the  estate  of  the 
said  bankrupt,  at  the  time  of  the  bankruptcy,  and  the  proceeds  thereof 
shall  be  divided  among  the  creditors. 

Sec.  51.  And  be  it  fitrther  enacted,  That  the  said  commissioners 
shall,  once  in  every  year,  carefully  file,  in  the  clerk's  office  of  the 
district  court,  all  the  proceedings  had  in  every  case  before  them,  and 
which  shall  have  been  finished,  including  the  commissions,  examinations, 
dividends,  entries,  and  other  determinations  of  the  said  commissioners, 
in  which  office,  the  final  certificate  of  the  said  bankrupt  may  also  be 
recorded ;  all  which  proceedings  shall  remain  of  record  in  the  said 
office,  and  certified  copies  thereof  shall  be  admitted  as  evidence  in  all 
courts,  in  like  manner  asthe  copies  of  the  proceedings  of  the  said  district 
court  are  admitted  in  other  cases. 

Sec.  52.  And  be  it  further  enacted,  That  it  shall  and  may  be' lawful 
for  any  creditor  of  such  bankrupt,  to  attend  all  or  any  of  the  examina- 
tions of  said  bankrupt,  and  the  allowance  of  the  final  certificate,  if  he 
shall  think  proper,  and  then  and  there  to  propose  interrogatories,  to  be 
put  by  the  judge  or  commissioners  to  the  said  bankrupt  and  others,  and 
also  to  produce  and  examine  witnesses  and  documents  before  such  judge 
or  commissioners,  relative  to  the  subject  matter  before  them.  And  in 
case  either  the  bankrupt  or  creditor  shall  think  him  or  herself  aggrieved 
by  the  determination  of  the  said  judge  or  commissioners,  relative  to 
any  material  fact,  in  the  commencement  or  progress  of  the  said  proceed- 
ings, or  in  the  allowance  of  the  certificate  aforesaid,  it  shall  and  may  be 
lawful  for  either  party  to  petition  the  said  judge,  setting  forth  such  facts 
and  the  determination  thereon,  with  the  complaint  of  the  party,  and  a 
prayer  for  trial  by  a  jury  to  determine  the  same,  and  the  said  judge 
shall,  in  his  discretion,  make  order  thereon,  and  award  a  ventre ybctas  to 
the  marshal  of  the  district,  returnable  within  fifteen  days  before  him,  for 
the  trial  of  the  facts  mentioned  in  the  said  petition,  notice  whereof  shall 
be  given  to  the  commissioners  and  creditors  concerned  in  the  same ;  at 
which  time  the  said  trial  shall  be  had,  unless,  on  good  cause  shown,  the 
jndse  shall  give  farther  time,  and  judgment  being  entered  on  the  verdict 
of  the  jury,  shall  be  final,  on  the  said  facts,  and  the  judge  or  commis- 
sioners shdl  proceed  agreeably  thereto. 

Sec.  53.  And  be  it  further  enacted,  That  the  commissioners  before 
the  appointment  of  assignees,  and  the  assignees  after  such  appointment, 
may,  from  time  to  time,  make  such  allowance  out  of  the  bankrupt's 
estate  until  he  shall  have  obtained  his  final  discharge,  as  in  their  opinion 
may  be  requisite  for  the  necessary  support  of  the  said  bankrupt  and  his 
family. 

Sec.  54.  And  b'e  it  further  enacted,  That  it  shall  be  lawful  for  the 
major  part  in  value  of  the  creditors,  before  they,  proceed  to  the  choice 


SIXTH  CONQRfiSS.    Sess.  1.  Ch.  19.     1800. 


as 


of  aMgneesy  to  direct  in  .what  manner,  with  whom,  and  where  the 
monies  arising  by,  and  to  be  received  from  time  to  time  out  of  the  bank- 
rupt's estate,  shall  be  lodged,  until  the  same  shall  be  divided  among  the 
creditors,  as  herein  provided ;  to  which  direction  every  such  assignee 
and  assignees  shall  conform  as  often  as  three  hundred  dollars  shafi  be 
received. 

Sbc.  55.  And  be  it  Jwriher  enacted.  That  every  matter  and  thing  by 
this  act,  required  to  be  done  by  the  commissioners  of  any  bankrupt, 
•haD  be  valid  to  aO  intents  and  purposes,  if  performed  by  a  majority  of 
tbenL 

Sbc.  56.  And  be  it  Jwriher  enacted.  That  in  all  cases  where  the  as- 
signees  shall  prosecute  any  debtor  of  the  bankrupt  for  any  debt,  duty  or 
dmand,  the  commission,  or  a  certified  copy  thereof,  and  the  assignment 
of  the  commissioners  of  the  bankrupt's  estate,  shall  be  condusive  evi- 
dence of  the  issuing  the  commission,  and  of  the  person  named  therein, 
being  a  trader  and  bankrupt,  at  the  time  mentioned  therein. 

Sbc.  57.  And  be  it  Jurther  enacted,  That  every  person  obtaining  a 
discharge  from  his  debts,  by  certificate  as  aforesaid,  granted  under  a 
commisBion  of  bankruptcy,  shall  not,  on  any  future  commission,  be  en- 
titled to  any  other  certificate  than  a  discharge  of  his  person  only ;  unless 
the  nett  proceeds  of  the  estate  and  effects  of  such  person  so  becoming 
bankrupt  a  second  time,  shall  be  sufficient  to  pay  seventy-five  per  cent 
to  his  or  her  creditors  on  the  amount  of  their  debts  respectively. 

Sbc.  58.  And  be  it  Jurther  enacted,  That  any  creditor  of  a  person, 
against  whom  a  commission  of  bankruptcy  shall  have  been  sued  forth, 
and  who  shall  lay  his  claim  before  the  commissioners  appointed  in  pur- 
raanee  of  this  act,  may  at  the  same  time  declare  his  unwillingness  to 
mbmit  the  same  to  the  judgment  of  the  said  commissioners,  and  his 
wish  that  a  jury  may  be  impannded  to  decide  thereon :  And  in  like 
manner  the  assignee  or  assignees  of  such  bankrupt  may  object  to  the 
consideration  of  any  particdar  claim  by  the  commissioners,  and  require 
that  the  same  should  be  referred  to  a  jury.  In  either  case,  such  objection 
and  request  shall  be  entered  on  the  books  of  the  commissioners,  and 
thereupon  an  issue  shall  be  made  up  between  the  parties,  and  a  jury 
BhaU  be  impannded,  as  in  other  cases,  to  try  the  same  in  the  circuit 
cooit  for  the  district  in  which  such  bankrupt  has  usually  resided.  The 
verdict  of  such  jury  shdl  be  subject  to  the  control  of  the  court,  as  in 
suits  originally  instituted  in  the  said  court,  and  when  rendered,  if  not 
set  aside  by  the  court,  shdl  be  certified  to  the  commissioners,  and  shall 
ascertain  the  amount  of  any  such  claim,  and  such  creditor  or  creditors 
ihaO  be  considered  in  dl  respects  as  having  proved  their  debts  under 
the  commission. 

Sbc  59.  And  be  it  Jurther  enacted.  That  the  lands  and  effects  of  any 
person  becoming  bankrupt  may  be  sold  on  such  credit,  and  on  such  se- 
curity, as  a  major  part  in  vdue  of  the  creditors  may  direct:  Provided, 
nothing  herein  contained  shall  be  allowed  so  to  operate,  as  to  retard  the 
granting  the  bankrupt's  certificate. 

Sbc.  go.  And  be  U  further  enacted.  That  if  any  person  becoming 
bankrupt,  shall  be  in  prison,  it  shall  be  lawful  for  any  creditor  or  credi- 
tors, at  whose  suit  he  or  she  shall  be  in  execution,  to  discharge  him  or 
her  from  costody,  or  if  such  creditor  or  creditors  shdl  refuse  to  do  so, 
the  prisoner  may  petition  the  commissioners,  to  liberate  him  or  her,  and 
thereupon,  if,  in  the  opinion  of  the  commissioners,  the  conduct  of  such 
bankrupt  shaD  have  been  fair,  so  as  to  entitle  him  or  her  in  their  opi- 
nion, to  a  certificate,  when  by  law  such  certificate  might  be  given,  it 
diall  be  lawfiil  for  them  to  direct  the  discharge  of  such  prisoner,  and  to 
enter  the  same  in  their  books,  which  being  notified  to  the  keeper  of  the 
gad  in  which  such  prisoner  may  he  confined,  shall  be  a  sufficient  autho- 
rity ibr  his  or  her  discharge:  Provided,  that  in  either  case,  such  dis- 


the  money  ihaU 
be  deposited. 


Majoritf  of 
the  commie- 
tionen  may  act. 


The  commis- 
■ion  shall  be 
eTidenoe  of  the 
party  being    a 
Danknipt,  £c. 


Effect  of  a  dif. 
charge  onder  a 


Claimaofore- 
diton  may  be 
tried  by  Jury. 


Bankrapt'B 
estate  may  be 
sold  on  credit. 


Creditors  or 
commissioners 
may  release  the 
bankrupt  from 
prison,  and  the 
former  may  is- 
sue a  new  exe- 
cution   if  he 
does  not  obtain 
a  discharge. 


36 


SIXTH  CONGRESS.    Sess.  I.  Ch.  21, 23.     1800. 


How  far  this 
tet  shall  affect 
the   iDtolTent 
lawe  of  the 


Saviiif  of  the 
righto  of  the  U. 
Statea  and  of 
each  itate  as  to 
their  debta. 


SaTiag  of  ei- 


Limitatioa  of 
this  act. 


Statotb  I« 
April  5,  1800. 

Repealed  br 
Act  of  Not.  86, 
1808,  ch.  6. 


charge  shall  be  no  bar  to  another  execution,  if  a  certificate  ahalJ  be 
refused  to  such  bankrupt :  And  provided  also,  that  it  shall  be  no  bar  to 
a  subsequent  imprisonment  of  such  bankrupt  by  order  of  the  commis- 
sioners, in  conformity  with  the  provisions  of  this  act 

Sec.  61.  And  be  it  Jurther  enacted,  That  this  act  shall  not  repeal  or 
annul,  or  be  construed  to  repeal  or  annul  the  laws  of  any  state  now  in 
force,  or  which  may  be  hereafter  enacted,  for  the  relief  of  insolvent 
debtors,  except  so  far  as  the  same  may  respect  persons,  who  are,  or  may 
be  clearly  within  the  purview  of  this  act,  and  whose  debts  shall  amount 
in  the  cases  specified  in  the  second  section  thereof  to  the  sums  therein 
mentioned.  And  if  any  person  within  the  purview  of  this  act,  shall  be 
imprisoned  for  the  space  of  three  months,  for  any  debt,  or  upon  any  con- 
tract, unless  the  creditors  of  such  prisoner  shall  proceed  to  prosecute  a 
commission  of  bankruptcy  against  him  or  her,  agreeably  to  the  pioTi- 
sions  of  this  act,  such  debtor  may  and  shall  be  entitled  to  relief,  under 
any  such  laws  for  the  relief  of  insolvent  debtors,  this  act  notwithstanding. 

Sec.  62.  And  be  it  Jurther  enacted,  That  nothing  contained  in  this 
law  shall,  in  any  manner,  effect  the  right  of  preference  to  prior  satisfac- 
tion of  debts  due  to  the  United  States  as  secured  or  provided  by  any 
law  heretofore  passed,  nor  shall  be  construed  to  lessen  or  impair  any 
right  to,  or  security  for,  money  due  to  the  United  States  or  to  any  of 
them. 

Sec.  63.  And  be  it  further  enacted,  That  nothing  contained  in  this 
act,  shall  be  taken,  or  construed  to  invalidate,  or  impair  any  lien  existing 
at  the  date  of  this  act,  upon  the  lands  or  chattels  of  any  person  who  may 
have  become  a  bankrupt 

Sec.  64.  And  be  it  further  enacted.  That  this  act  shall  continue  in 
force  during  the  term  of  five  years,  and  from  thence  to  the  end  of  the 
next  session  of  Congress  thereafter,  and  no  longer:  Provided,  that  the 
expiration  of  this  act  shall  not  prevent  the  complete  execution  of  any 
commission  which  may  have  been  previously  thereto  issued. 

Approved,  April  4,  1800. 


Vol.  i.  697. 

Statittb  I. 
April  13, 1800. 

[Obtolete.] 
Act  of  Feb. 

16,  179S,  ch.  6. 

Act  of  Jnne  19, 

1818,  ch.  S. 
CoatiBaatioii 

of  the  act  for 


Chap.  XXI.— ^n  Jet  to  allow  a  drawback  cf  duiit*  on  gomb  exported  1o  New 
OrUam,  and  therein  to  amend  the  act  intituled  ^Jhi  act  to  regulate  the  coUeetion 
ofdutiee  on  importM  and  tonnage.** 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
United  Stales  of  America  in  Congress  assembled.  That  any  goods,  wares 
or  merchandise,  which  shall  be  exported  from  the  United  States,  after 
the  tenth  day  of  April  current,  in  the  manner  prescribed  by  law,  to  the 
port  of  New  Orleans,  on  the  river  Mississippi,  shall  be  deemed  and 
taken  to  be  entitled  to  such  drawbacks  of  duties  as  would  be  allowable 
thereon,  when  exported  to  any  other  foreign  port  or  place,  any  thing  in 
the  act  intituled  "  An  act  to  regulate  the  collection  of  duties  on  imports 
and  tonnage,"  to  the  contrary  hereof  notwithstanding. 

Approved,  April  5,  1800. 


Chap.  XXII. — JnJcl  to  continue  inforu  **Jln  act  concerning  eertainjisheriig  tf 
the  United  States^  and  for  the  regulation  and  government  of  theJlJermen  mm 
ployed  therein^**  and  fir  other  purpocet  a$  therein  mentioned. 


Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Rmreseniaiives 
of  the  United  States  of  America  in  Congress  assembled.  That  the  act 
intituled  '<An  act  concerning  certain  fisheries  of  the  United  States,  and 
for  the  regulation  and  government  of  the  fishermen  employed  therein,** 
shall  be  in  force,  and  is  hereby  continued  for  the  term  or  ten  yean,  from 
the  third  day  of  March,  one  thousand  eight  hundred,  and  until  the  md 


3iXTH  CONGRESS.    Scss.  I.  Cu.  23, 35.     1800. 


37 


ef  the  seonon  of  GongresB  next  ensuing  the  expiration  of  that  term,  any 
thing  in  the  ninth  section  of  the  said  act  to  the  contrary  hereof  notwitb- 
standing. 

Bbc.  2.  And  be  ii  Jurther  enacted.  That  the  additional  allowances      ContiaoaUoa 
which  were  by  the  sixth  section  of  the  act,  intituled,  "An  act  for  raising   of  certain  aUow. 
a  fivther  sum  of  money  for  the  protection  of  the  frontiers,  and  for  other   ^|^i^   *^^ 
purposes  therein  mentioned,"  and  by  the  second  section  of  the  act,  inti^      Vol.  i.  S60. 
taled,  "An  act  laying  an  additional  duty  on  salt,  and  for  other  purposes,"      ^^'  ^  'S'* 
respectively  granted  to  ships  or  vessels  employed  in  the  bank  and  other 
cod  fisheries,  shaJl  be  continued  to  the  ships  and  vessels,  respectively, 
which  shall  be  so  employed,  in  the  terms  and  according  to  the  intent  of 
the  said  first  mentioned  act,  for  and  during  the  further  continuance 
thereof,  as  aforesaid :     Provided,  that  the  said  allowances  shall  not  be 
aoderstood  to  be  continued  for  a  longer  time  than  the  correspondent 
duties  respectively,  for  which  the  said  additional  allowances  were  granted^ 
shall  be  payable. 

Afprotsd,  April  12,  1800. 


BtatutbI. 


Chap.  XXllL^Jln  Act  to  alter  tktform  tf  certain  oaths  and  affirmations  directed  April  13, 1800. 
to  be  taken  by  the  act  intituted  "*5n  act  providing  for  the  second  census  or  enU'  ^— ^— — 
mermtion  tf  the  inhabitanU  if  the  United  States?'  [Obmlete.] 

Be  a  enacted  by  the  Senate  and  House  of  Representatives  of  the  S8, 1800,ch.is! 
Umud  States  of  America  in  Congress  assembled,  That  so  much  of  the 
first  section  of  the  act  passed  during  the  present  session  of  Congress, 
intituled  "An  act  providing  for  the  second  census  or  enumeration  of  the 
inhabitants  of  the  United  States,"  as  relates  to  the  form  of  the  oaths  or 
affirmations  thereby  directed  to  be  taken  by  the  marshals,  secretaries, 
and  assistants  therein  mentioned  respectively,  shall  be,  and  hereby  is 
repealed,  and  that  the  said  oaths  or  affirmations  shall  be  in  the  following 
form;  that  is  to  say :  the  marshals  and  secretaries'  oath  or  affirmation  in 
the  form  following:    "I,  A.  B.  marshal  of  the  district  of  (or  the 

secretary  of  the  territory  of  as  the  case  may  be)  do  solemnly  swear 

or  affirm,  that  I  will  well  and  truly  cause  to  be  made  a  just  and  perfect 
enumeration  and  description  of  the  persons  resident  within  my  district 
(or  within  the  territory  of  as  the  case  may  be)  and  will  return 

the  same  to  the  Secretary  of  State  agreeably  to  the  directions  of  an  act 
of  Congress,  intituled  'An  act  providing  for  the  second  census  or  enume- 
ration of  the  inhabitants  of  the  United  States,'  according  to  the  best  of 
my  ability."  And  the  assistants'  oath  or  affirmation  in  the  form  following: 
I,  A.  B.  do  solemnly  swear  (or  affirm)  that  I  will  make  a  just  and  per- 
fect enumeration  and  description  of  all  persons  resident  within  the  divi- 
sion assigned  to  me  by  the  marshal  of  the  district  of  (or  the 
secretary  of  the  territory  of  as  the  case  may  be)  and  make 
doe  retnm  thereof  to  the  said  marshal  (or  secretary)  agreeably  to  the 
directions  of  an  act  of  Congress,  intituled  "An  act  providing  for  the 
second  census  or  enumeration  of  the  inhabitants  of  the  United  States," 
according  to  the  best  of  my  ability. 

Appboved,  April  12,  1800. 


'  Statutb  I. 

CiAP.  XXV. — mIo  jict  to  extend  the  privilege  of  obtaining  patents  for  usrfut  die-  April  17, 1800. 

esveries  and  inventions,  to  certain  persons  therein  mentiorid,  and  to  enlarge  and  — — — — — 
iejine  the  penalties  for  violaiing  the  rights  cf  palentees,{a)  rRenoaled  1 

SBcnoN  1.  Be  it  enacted  by  the  Senate  and  House  of  Representatives  nriM^two  "^ 

rfibe  Dmted  States  of  America  in  Congress  assembled.  That  all  and  jean  within  the 

«  8m  act  of  February  31,  1793,  chap.  11. 

D 


88 


SIXTH  CONGRESS.     Sess.  I.  Ch.  26.     1800. 


United  States 
entitled  to  the 
benefit  of  the 
former  act. 

Act  of  Feb. 
SI,  1793,  ch.  11. 


Oath  to  be 
taken    by  such 
resident,    that 
the  invention  or 
discoTery    hath 
not  been  used. 


The  le^  rep- 
resentatives of 
a  deceased  in- 
▼entor  may  ob- 
tain  a  patent 


Damages  for 
breach  of  pa- 
tent right. 


To  be  reco- 
vered by  action 
on  the  case  in 
the  circuit 
court. 

Repeal  of  part 
of  tne  former 
act. 

Act  of  Feb. 
81, 1793, ch. 11. 


Statute  I. 


singular  the  rights  and  privileges  given,  intended  or  provided  to  citizens 
of  the  United  States,  respecting  patents  for  new  inventions,  discoveries, 
and  improvements,  by  the  act,  intituled  "An  act  to  promote  the  progress 
of  useful  arts,  and  to  repeal  the  act  heretofore  made  for  that  purpose," 
shall  be,  and  hereby  are  extended  and  given  to  all  aliens  who  at  the  time 
of  petitioning  in  the  manner  prescribed  by  the  said  act,  shall  have  resided 
for  two  years  within  the  United  States,  which  privileges  shall  be  obtained, 
used,  and  enjoyed,  by  such  persons,  in  as  full  and  ample  manner,  and 
under  the  same  conditions,  limitations  and  restrictions,  as  by  the  said 
act  is  provided  and  directed  in  the  case  of  citizens  of  the  United  States. 
Provided  always^  That  every  person  petitioning  for  a  patent  for  any  in- 
vention, art  or  discovery,  pursuant  to  this  act,  shall  make  oath  or  affirmap 
tion  before  some  person  duly  authorized  to  administer  oaths  before  such 
patent  shall  be  granted,  that  such  invention,  art  or  discovery  hath  not, 
to  the  best  of  his  or  her  knowledge  or  belief,  been  known  or  used  either 
in  this  or  any  foreign  country ;  and  that  every  patent  which  shall  be 
obtained  pursuant  to  this  act,  Tor  any  invention,  art  or  discovery,  which 
it  shall  afterwards  appear  had  been  known  or  used  previous  to  such 
application  for  a  patent,  shall  be  utterly  void. 

Sec.  2.  And  be  it  further  enacted^  That  where  any  person  hath 
made,  or  shall  have  made,  any  new  invention,  discovery  or  improvement, 
on  account  of  which  a  patent  might,  by  virtue  of  this  or  the  above- 
mentioned  act,  be  granted  to  such  person,  and  shall  die  before  any  patent 
shall  be  granted  therefor,  the  right  of  applying  for  and  obtaining  such 
patent,  shall  devolve  on  the  legal  representatives  of  such  person  in  trust 
for  the  heirs  at  law  of  the  deceased,  in  case  he  shall  have  died  intestate; 
but  if  otherwise,  then  in  trust  for  his  devisees,  in  as  full  and  ample 
manner,  and  under  the  same  conditions,  limitations  and  restrictions,  as 
the  same  was  held  or  might  have  been  claimed  or  enjoyed  by  such  person, 
in  his  or  her  lifetime ;  and  when  application  for  a  patent  shall  be  made 
by  such  legal  representatives,  the  oath  or  affirmation,  provided  in  the 
third  section  of  the  before- mentioned  act,  shall  be  so  varied  as  to  be 
applicable  to  them. 

Sec.  3.  And  be  it  further  enacted,  That  where  any  patent  shall  be, 
or  shall  have  been  granted  pursuant  to  this  or  the  above-mentioned  act, 
and  any  person  without  the  consent  of  the  patentee,  his  or  her  executors, 
administrators  or  assigns  first  obtained  in  writing,  shall  make,  devise, 
use,  or  sell  the  thing  whereof  the  exclusive  right  is  secured  to  the  said 
patentee  by  such  patent,  such  person  so  offending,  shall  forfeit  and  pay 
to  the  said  patentee,  his  executors,  administrators  or  assigns,  a  sum 
equal  to  three  times  the  actual  damage  sustained  by  such  patentee,  his 
executors,  administrators,  or  assigns,  from  or  by  reason  of  such  offence, 
which  sum  shall  and  may  be  recovered,  by  action  on  the  case  founded 
on  this  and  the  above-mentioned  act,  in  the  circuit  court  of  the  United 
States,  having  jurisdiction  thereof. 

Sec.  4.  And  be  it  further  enacted,  That  the  fiflh  section  of  the  above- 
mentioned  act,  intituled  "  An  act  to  promote  the  progress  of  useful 
arts,  and  to  repeal  the  act  heretofore  made  for  that  purpose,"  shall  be, 
and  hereby  is  repealed. 

Approved,  April  17,  1800. 


April  ai,  1800.     Chap.  XXVI. 


[Repealed.] 
Act  of  March 
16,l808,ch.9. 


'Jin  Act  h  fix  Ike  eontpenaation  of  Ihe  Paymaater-Oeneral^  and 
jBsiitant  to  the  Mjutani'General. 


Section  1.  Be  it  enacted  by  the  Senate  and  House  of  RepresentO' 
tives  of  the  United  States  of  America  in  Congress  assembled,  That  the 
paymaster-general  of  the  army  of  the  United  Sutes  shall  receive  one 
hundred  and  twenty  dollars  per  month,  with  the  rations  and  forage  of  a 
major,  in  full  compensation  for  his  services  and  travelling  expenses,  to 


SIXTH  CONGRESS.    Sbss.  I.  Ch.  27,  28,  29,  30.     1800. 


30 


be  oompated  from  the  commencement  of  the  time  of  his  actual  residence 
at  the  seat  of  government,  any  thing  in  the  <<Act  for  the  better  organiz- 
ing of  the  troops  of  the  United  States,  and  for  other  purposes,"  to  the 
contrary  tiotwiUistanding. 

Sbc.  2.  And  he  ii  jwrther  enaciedy  That  the  pay  of  the  assistant  of 
the  adjatant-general,  in  addition  to  his  pay  and  other  emoluments  in  the 
line  of  the  army,  shall  be  forty  dollars  per  month,  which  shall  be  in  full 
compensation  for  his  extra  services  and  travelling  expenses,  to  be  com- 
puted from  the  time  of  his  entering  upon  actual  service. 

Approted,  April  22,  1800. 


Chap.  XX  VII. —^n  Jei  io  continue  in  force  the  act  intituled  *^Jn  act  to  authorize 
the  d^enee  of  the  merchant  veaaeb  of  the  Umied  States  againtt  French  depredo' 


Statutb  I. 
April  38, 1800. 


tionMm 


[Obfolete.] 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives  of  the     june  25, 179S, 
United  States  of  America  in  Congress  asseoAled,  That  the  act  passed   ch.  60. 
on  the  twenty-fifth  day  of  June,  one  thousand  seven  hundred  and  ninety- 
eight,  intituled  "An  act  to  authorize  the  defence  of  the  merchant  vessels 
of  the  United  States  against  French  depredations,"  excepting  such  parts 
of  the  said  act  as  relate  to  salvage  in  cases  of  recapture,  shall  continue 
and  be  in  force  for  and  during  the  term  of  one  year,  and  from  thence  to 
the  end  of  the  next  session  of  Congress  thereafter,  and  no  longer. 
Approved,  April  22,  1800. 


Statute  I. 


Crap.  XXVIII.— wfn  ^et  to  continue  in  foree^for  a  limited  time^  an  act  intituled  April  88, 1800. 

*' Jn  act  to  prescribe  the  mode  tf  taking  evidence  in  cases  tff  contested  elections  — ^— ^— 
for  members  of  the  House  of  lupresentativa  of  the  United  States^  and  to  compel 
the  attendance  of  witnesses,^* 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  Act  of  Jan. 
Umted  States  of  America  in  Congress  assembled^  That  an  act  passed  on  «3, 1798,  ch.  8. 
the  twenty-third  day  of  January,  one  thousand  seven  hundred  and 
ninety-eight,  intituled  <<An  act  to  prescribe  the  mode  of  Uking  evidence 
in  cases  of  contested  elections  for  members  of  the  House  of  Representa- 
tives of  the  United  States,  and  to  compel  the  attendance  of  witnesses," 
shall  be  and  continue  in  force  for  the  term  of  four  years,  and  no  longer. 

Approved,  April  22,  1800. 


Statute  I. 


Chap.  XXIX. — Jn  Act  fixing  iherank  and  pay  rjf  the  commanding  ^ffiur  of  the     April  88, 1800. 
Corps  tf  Marines,  (a)  • 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled^  That  a  lieutenantp 
colonel  commandant  shall  be  appointed  to  command  the  corps  of  marines, 
and  shall  be  entitled  to  the  same  pay  and  emoluments  as  a  lieutenant- 
colonel  in  the  army  of  the  United  States ;  any  thing  in  the  act  for  the 
establishing  and  organizing  a  marine  corps  to  the  contrary  notwithstand- 
ing ;  and  Uiat  the  office  of  major  of  the  said  corps  shall  thereafter  be 
atmlished. 

Approved,  April  22,  1800. 


Lieatenant- 
Colonel  to  bo 
appointed. 

Act  of  Jul?  11, 
1798,  ch.  78. 
Act  of  March  3, 
1817,  ch.  65. 

Office  of  Ma. 
jorofthecorpa 
abolished. 


Statutv  I. 


Cbap.  XXX«— ^n  Jet  supplementary  io  the  Jet  io  regulate  trade  and  intercourse    April  88, 1800. 

wUh  the  Indian  Tribes^  and  io  preserve  peau  on  the  Frontiers,  

Act  of  March 
Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United  30, 1803,  ch.  18. 
States  of  America  in  Congress  assembled^  Thui  from  and  after  the  pass- 
Co)  Act  of  Joly  11,  1798,  chap.  78;  act  of  March  3.  1?^17.  chip.  65. 


40 


SIXTH  CONGRESS.    Sfiss.  I.  Cii.  81.     ISOO. 


MiUtaiy  offl- 
een,who  maj 
■freat  an^  ooe 
in  the  Lidita 
territory  for  Tio- 
lating  the  lawe 
for  ue  protec- 
tioii  of  tne  In- 
dian territorjyto 
take  the  person 
before  a  magia- 
trate. 

.Act  of  March 
S,1799,ch.46. 


ing  of  this  act,  it  shall  be  lawful  for  any  military  officer,  who  may  ha?e 
charge  or  custody  of  any  person  or  persons,  who  may  have  been,  or  shall 
be  apprehended  in  the  Indian  country,  over  and  beyond  the  boundary 
line  between  the  United  States  and  the  said  Indian  tribes,  in  violation 
of  any  of  the  provisions  or  regulations  of  the  act,  intituled  "An  act  to 
regulate  trade  and  intercourse  with  the  Indian  tribes,  and  to  preserve 
peace  on  the  frontiers,"  to  conduct  him  or  them  to  some  one  of  the 
justices  of  the  inferior  or  county  court  of  any  county  nearest  to  the  place 
of  his  arrest,  who,  if  the  offence  is  bailable,  is  hereby  authorized  to  Uke 
proper  bail,  if  offered,  in  like  manner  as  the  judge  of  the  superior  court 
of  any  state  is  authorized  to  do,  in  and  by  the  act  above  recited ;  unless 
such  person,  holden  in  custody  as  aforesaid,  shall  be  charged  upon  oath 
with  murder,  or  any  other  offence  punishable  with  death,  in  which  case 
such  justice  of  any  inferior  or  county  court  shall  not  have  authority  to 
take  bail  for  such  person. 
Approved,  April  22,  1800. 


feATun  I. 


April  28, 1800. 

Repealed  by 
Act  of  AprU  6, 
1809,  ch.  19. 
Soperintendent 
of  atampa  to  be 
appointed. 
Hia  duty. 


1801,  ch.  20. 


Hia  office  to 
be  held  at  the 
ieat  of  goTem- 


Hia  allowance. 


Privilege  of 
llmnking. 

Allowance  of 
clerka. 


He  ahall  give 
bond* 


Certain  powera 
of  the  raperri- 


Chap.  XXXI. — Jin  Ael  to  e»tabHah  a  general  Stamp  Office. 

Skction  1.  Be  it  enacUd  hy  the  Senate  and  House  of  Representatives 
of  the  United  States  of  America  in  Congress  assembled.  That  there  shall 
be  appointed  an  officer  to  be  denominated  superintendent  of  stamps, 
whose  duty  it  shall  be  to  superintend  the  stamping  and  marking  of  all 
vellum,  parchment,  and  paper ;  to  distribute  the  same  among  the  officers 
who  are,  or  shaU  be  authorized  to  secure  and  collect  the  duties  there- 
upon, and  to  keep  fair  and  true  records  and  accounts  of  his  proceedings ; 
which  said  officer,  so  to  be  appointed,  shall  be  subject  to  the  superintend* 
ence,  control,  and  direction  of  the  treasury  department,  according  to 
the  respective  authorities  and  duties  of  the  officers  thereof;  and  shall, 
for  the  better  execution  of  the  duties  and  trusts  in  him  reposed,  observe 
and  execute  such  directions  as  he  shall,  from  time  to  time,  receive  from 
said  department. 

Sec.  2.  And  be  it  fvriher  enacted.  That  the  said  superintendent  shall 
hold  his  office  at  the  seat  of  the  government  of  the  United  States,  and 
shall  be  allowed  as  a  compensation  for  his  services  the  sum  of  two  thou* 
sand  dollars  annually,  to  be  paid  quarter-yearly  at  the  treasury  of  the 
United  States;  and  shall  also  be  allowed  the  necessary  expenses  of 
office  rent,  fuel,  printing  and  packing,  and  of  procuring  books  and 
stationery  for  the  use  of  his  office,  and  that  all  letters  and  packages  to 
and  from  him  shall  be  free  of  postage. 

Sec.  3.  And  be  it  further  enactm.  That  the  said  superintendent  shall, 
with  the  approbation  of  the  principal  officer  of  the  treasury  department, 
employ  such  number  of  clerks  and  other  assistants  in  his  office  as  shall 
be  found  necessary ;  and  shall  apportion  and  vary  the  compensation  to 
each,  in  such  manner  as  the  services  rendered  by  each  shall  in  his  judg- 
ment reauire :  Provided,  that  the  whole  amount  of  the  compensations 
to  said  Clerks  and  assistants  shall  not  exceed  two  thousand  five  hundred 
dollars  annually. 

Sec.  4.  And  be  it  further  enacted.  That  the  said  superintendent  shall, 
within  three  months  afler  entering  upon  his  office,  give  bond  with 
sureties  for  the  true  and  faithful  execution  thereof,  and  for  the  settlement 
of  his  accounts  at  the  periods  which  shall  be  prescribed  by  the  proper 
officers  at  the  treasury  department,  in  the  sum  of  ten  thousand  dollars, 
which  bond  shall  be  approved  by  the  comptroller  of  the  treasury,  and 
kept  in  his  office  to  be  by  him  put  in  suit  for  the  benefit  of  the  United 
States,  upon  any  breach  of  the  conditions  thereof. 

Sec.  5.  And  be  it  further  enacted.  That  from  and  afler  the  estab- 
lishment of  the  office  aforesaid  nt  the  seat  of  government,  and  af\er  six 


SIXTH  CONGRESS.     Seas.  I.  Cii.  31.     1800. 


41 


moDths'  Docice  of  the  new  stamps  hereby  directed  to  be  prepared  and 
ianed ;  which  notice  shall  be  given  by  the  Secretary  of  the  Treasury,  ih 
the  manner  directed  by  the  tenth  section  of  the  act,  intituled  <'An  act 
laying  duties  on  stamped  vellum,  parchment,  and  paper,"  so  much  of 
the  act  or  acts  heretofore  passed,  as  empower  and  require  the  supervi- 
aon  of  the  revenue  to  stamp  or  mark  any  vellum,  parchment,  or  paper, 
shall  cease  and  determine. 

Sbc.  6.  And  he  it  Jwriher  enacted^  That  if  any  deed,  instrument,  or 
writing  whatever,  charged  by  law  with  the  payment  of  duty,  shall  have 
been,  or  shall  he  written  or  printed,  by  any  person  or  persons  whomso- 
ever, upon  vellum,  parchment,  or  paper  not  stamped  or  marked  accord- 
ing to  law,  or  upon  vellum,  parchment,  or  paper,  stamped  or  marked  at 
a  lower  rate  of  duty  than  is  by  law  required  for  such  deed,  instrument, 
or  writing;  then  and  in  every  such  case,  it  shall  be  lawful  for  the  person 
or  persons  holding  such  deed,  instrument,  or  writing,  within  twelve 
calendar  months  alter  the  time  of  giving  notice  as  aforesaid,  or  within 
■X  calendar  months  after  the  execution  of  such  deed,  instrument,  or 
writing,  to  pay  to  the  collector  of  the  revenue  within  whose  collection 
district  aach  person  or  persons  shall  reside,  the  duty  chargeable  by  law 
on  soch  deed,  instrument,  or  writing,  together  with  ten  dollars  in  addi- 
tion to  such  duty,  which  duty  and  additional  sum  of  ten  dollars,  such 
collector  is  hereby  authorized  and  required  to  receive,  and  without  fee 
or  reward  to  endorse  a  receipt  therefor  under  his  hand  and  seal,  upon 
some  part  of  such  deed,  instrument  or  writing,  which  deed,  instrument 
or  writing  so  endorsed,  it  shall  then  be  lawful  for  such  person  or  per- 
sons to  piroduce  to  the  surveyor  of  the  revenue  within  whose  assessment 
district  such  person  or  persons  shall  reside,  which  surveyor  thereupon 
shaD  certify  under  his  hand  and  seal,  and  upon  some  part  of  the  said 
deed,  instrument  or  writing,  that  the  same  so  endorsed  as  aforesaid  has 
been  produced  to  him,  and  that  the  said  endorsement  is  in  his  belief 
genuine ;  after  which  said  endorsement  and  certificate,  and  not  other- 
wise, such  deed,  instrument  or  writing,  shall  be  to  all  intents  and  pur- 
poses as  valid  and  available,  as  if  the  same  had  been  or  were  stamped, 
eoanterstamped,  or  marked  as  by  law  required,  any  thing  in  any  act  to 
the  contrary  notwithstanding. 

Sbc.  7.  And  be  it  further  enacted.  That  every  collector  of  the  revenue 
shaO  keep  a  separate  account  of  all  monies  by  him  received  in  manner 
last  aforesaid,  and  shall  at  such  times  as  the  Secretary  of  the  Treasury 
shaD  direct,  transmit  the  said  account  together  with  such  monies,  and  a 
memorandum  of  all  receipts  by  him  endorsed  in  manner  aforesaid,  to 
the  supervisor  of  the  district,  or  the  inspector  of  the  survey,  as  the  case 
may  be ;  and  that  every  surveyor  of  the  revenue  shall,  at  such  time  as 
the  Secretary  of  the  Treasury  shall  direct,  transmit  to  the  said  supervisor 
or  in^>ector,  as  the  case  may  be,  a  true  copy  of  all  certificates  given  by 
him  as  aforesaid,  and  of  the  receipts  respectively  certified,  and  thereupon 
such  surveyor  shall  be  entitled  to  receive  from  the  supervisor  or  inspector 
fifty  cents  for  every  such  certificate  by  him  signed  as  aforesaid. 

Sec.  8.  And  he  it  further  enacted,  That  if  any  person,  with  intent  to 
defraud  the  United  States  of  any  sum  of  monies  directed  to  be  paid  by 
this  act,  or  of  any  of  the  duties  or  duty  laid  by  the  act,  intituled  <'An 
act  laying  duties  on  stamped  vellum,  parchment,  and  paper,"  shall  coun- 
terfeit or  forge,  or  cause  or  procure  to  be  counterfeited  or  forged,  any  of 
the  certificates,  receipts  or  endorsements,  provided  for  and  directed  by 
the  sixth  section  of  this  act,  or  shall  utter,  pass  away,  vend  or  offer  in 
evidence,  in  any  court  of  justice,  any  such  forged  or  counterfeit  receipt, 
certificate  or  endorsement,  knowing  the  same  to  be  forged  or  counter- 
fieit,  theo  every  such  person  so  oflfending,  and  being  thereof  convicted  in 
due  form  of  law,  shall  be  adjudged  guilty  of  a  misdemeanor,  and  shaU 

Voi^  n.— 6  D  2 


ton   to  ceaM 
after  six  months 
notice,  fcc. 

Vol.  1. 627. 


BCtnnerofle- 
galiiing  an  in- 
•tniment  not 
■tamped  or  im- 
properly ataap- 
ed. 


Datf   of  the 
Collectora  and 
Snrreyonoftha 
revenne  herein. 


Penalty  on 
forging  or  utter- 
ing receipti  or 
certificates  di. 
rected   bj  the 
sixth  section. 
Vol.  i.  6S7. 


4St 


SIXTH  CONGRESS.    Sem.  I.  Cii.  32.     1800. 


Mode  ofpro- 
enrinff  stamps 
to  theolank  vel- 
lom,  fcc.  of  in- 
diTidoaJt. 


VeUimi,  fcc. 
to  be  comter- 
■tamped. 


Pentltj  on 
foiging  ettiDpt, 
Iec. 


be  subject  to  be  fined  in  any  sam  not  exceeding  one  tliousand  dollars, 
and  to  be  imprisoned  for  any  term  not  exceeding  seven  years. 

Sec-  9.  And  for  the  convenience  of  those  persons  who  may  be  in- 
clined to  have  their  own  vellum,  parchment,  and  paper  stamped  or 
marked.  Be  it  further  enacted,  that  when  any  person  or  persons  shall 
deposit  any  vellum,  parchment,  or  paper,  at  the  office  of  any  supervisor, 
accompanying  the  same  with  a  list,  which  shall  specify  the  number  and 
denomination  of  the  stamps  or  marks  which  are  to  be  thereto  affixed,  it 
shall  be  the  duty  of  the  said  supervisor  to  transmit  the  same  to  the  stamp- 
office  at  the  seat  of  government,  where  such  paper,  parchment  and  vel- 
lum shall  be  properly  marked  or  stamped,  and  forthwith  sent  back  to  the 
said  supervisor,  who  shall  thereupon  collect  the  duties  and  deliver  the 
vellum,  parchment,  and  paper,  pursuant  to  the  order  of  the  person  from 
whom  it  was  received. 

Sec.  10.  And  be  it  fiarther  enacted.  That  all  vellum,  parchment,  and 
paper,  to  be  stamped  or  marked  at  the  said  office,  shall,  before  it  is  de- 
livered for  sale,  use,  or  distribution,  be  carried  from  the  said  office  to 
the  office  of  the  commissioner  of  the  revenue,  and  be  there  counter- 
stamped  or  marked,  under  the  direction  of  the  said  commissioner,  and 
in  such  manner  as  the  Secretary  of  the  Treasury  shall  devise  and  direct ; 
and  after  being  so  counterstamped  or  marked,  shall  be  returned  to  the 
office  of  the  superintendent  of  stamps,  to  be  by  him  distributed  accord- 
ing to  the  true  intent  and  meaning  of  this  act,  of  all  which  vellum, 
parchment,  and  paper,  so  sent  to  be  counterstamped  or  marked,  and  so 
returned  to  the  office  of  the  superintendent  aforesaid,  an  account  shall 
be  kept  by  the  commissioner  of  the  revenue,  and  from  time  to  time  re- 
turned to  the  proper  officers  of  the  treasury  department. 

Sec.  11.  And  be  it  further  enacted,  That  if  any  person  or  persons, 
with  intent  to  defraud  the  United  States  of  any  of  the  duties  or  duty  laid 
by  the  act,  entitled  ''Ah  act  laying  duties  on  stamped  vellum,  parch- 
ment and  paper,"  or  by  any  act  or  acts  for  amending  the  same,  shall 
counterfeit  or  forge,  or  shall  cause  or  procure  to  be  counterfeited  or 
forged,  or  shall  knowingly  or  wilfuUy  aid  or  assist  in  counterfeiting  or 
forgine  any  stamp,  counterstamp,  or  mark,  which  shall  be  provided  or 
made  m  pursuance  of  this  act,  or  shall  counterfeit  or  resemble,  or  shall 
knowingly  and  wilfully  aid  or  assist  in  counterfeiting  or  resembling,  or 
shall  cause  to  be  counterfeited  or  resembled,  the  impression  of  any  such 
stamp,  counterstamp  or  mark,  upon  any  vellum,  parchment,  or  paper,  or 
shall  knowingly  or  wilfully  utter,  vend,  or  sell,  or  offer  in  evidence  in 
any  court  of  justice  any  vellum,  parchment,  or  paper,  with  such  counter- 
feit mark  or  impression  thereon,  or  shall  privately  or  fraudulently  use 
any  stamp,  counterstamp  or  mark  directed  or  allowed  to  be  used  by  this 
act,  then  every  such  person  so  offending,  and  being  thereof  convicted  in 
due  form  of  law,  shall  be  adjudged  guilty  of  a  misdemeanor,  and  be  sub- 
ject to  be  fined  in  any  sum  not  exceeding  one  thousand  dollars,  and 
imprisoned  for  any  time  not  exceeding  seven  years. 

Approved,  April  23,  1800. 


Statdtb  I. 
April  tS,  1800. 

[Obwlete.] 
Diacontinnuice 
of  certain  post 
roada. 


Act  of  Maj 

1,  1810. 


Chap.  XXXIL— .^n  Ad  to  alter  and  to  eUabUdh  sundry  Post  Eoadf, 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Representct^ 
tives  of  the  United  States  of  America  in  Congress  assembled.  That  the 
following  post  roads  be  discontinued,  viz : — ^From  Washington  to  Peters- 
burg, in  Georgia ;  from  Augusta,  by  Robinson's,  at  the  White  Ponds, 
and  Gillet's  Mills,  to  Coosawhatchie ;  from  Charlotte,  by  Lincolnton,  to 
Statesville,  North  Carolina ;  from  Chester  Courthouse  to  Spartan  Courtr 
house;  from  Fayetteville,  by  Lumberton,  to  Cheraw  Courthouse ;  from 
Moffat's  store  to  Danville ;  from  Culpepper  Courthouse  to  Orange  Court- 


SIXTH  CONGRESS.     Sess.  I.  Ch.  d2.     1800.  48 

,  firom  Leesburg  to  Faaqaier  Courthouse ;  from  Tappaliannock,  DiKontiouaiiM 
hj  Richmond  Courthouse,  and  Westmoreland  Courthouse,  to  Kinsale ;  J^J^*^**"  ^^^^ 
from  Prince  Edward  Courthouse  to  Lynchburg ;  from  Easton,  by  New 
Market,  to  Vienna ;  from  Allensfresh,  by  Hoe's  ferry,  to  Port  Conway; 
from  Bladensburg  to  Upper  Marlborough ;  from  Harrisburg,  by  Peters- 
burg, Millerstown,  Thompsontown,  Mifflintown,  Lewistown,  Hunting- 
don, Alexandria,  Center  Furnace,  Bellefont,  Milesburg,  Aaronsburg, 
Mifflimi>arg,  Lewisburg,  Northumberland  and  Sunbury,  to  Harrisburg; 
from  Easton  to  Sussex  Courthouse ;  from  New  Brunswick  to  New  Ger- 
mantown ;  from  Washington,  in  Pennsylfani^  to  Wheeling,  in  Virginia ; 
from  Old  Fort  Schuyler,  by  Cincinnatus,  to  Oxford ;  from  Vergennes 
to  Basonharbor,  to  Plattsburg;  from  Rome  to  Rotterdam ;  from  Boston, 
by  Taunton,  to  New  Bedford;  from  Camden,  by  Lancaster,  South 
Carolina,  Charlotte,  North  Carolina,  and  Lincolnton,  to  StatesviUe, 
North  Carolina ;  from  Fayetteville,  to  Pittsburg,  in  Chatham  county ; 
from  Halifax  Courthouse,  Virginia,  by  Danville,  to  Caswell  Courthouse ; 
from  Liberty^  hy  Rocky  Mount,  to  Martinville ;  from  Louisburg,  by  Nash 
Conrthoose,  to  Tarborouffh ;  from  Newbem,  by  Beaufort  and  Swans- 
borough,  to  Newbem;  from  Rutherfordton,  to  Spartanburg;  from 
Springfield,  Massachusetts,  to  Northampton ;  from  Standish,  in  Maine, 
by  Flintstown,  and  Fryberg,  to  Conway,  Tamworth  and  Sandwich,  in 
New  Hampshire ;  from  Suffolk,  by  South  Quay,  to  Murfreesborough ; 
from  Wilmington,  North  Carolina,  to  Georgetown,  South  Carolina; 
from  Petersburg,  by  Sussex  Courthouse,,  and  Southampton  Courthouse, 
to  South  Quay. 

Sec.  2.  And  U  iijurther  enaeUd,  That  the  following  be  established    ^^^P^*^ 
as  post  roads,  viz.  •itaWtoiitd. 

Ik  Georgia. — ^From  Augusta  to  Petersburg,  by  Lincoln  Courthouse ; 
from  Franklin  Courthouse  to  Jackson  Courthouse;  from  Georgetown  to 
Warrenton;  from  Louisville  to  Saundersville ;  from  Washmgton  to 
Ogelthorpe  Courthouse. 

In  Snttk  Carolina, — ^From  Augusta,  Georgia,  by  the  Three  Runs, 
to  Coosawhatchie ;  the  poet  road  from  Edgefield  Courthouse,  to  Augusta, 
shall  pass  through  Campbeltown ;  from  Georgetown,  by  Willtown,  Greei^ 
ville,  and  Chatham,  to  Richmond  Courthouse,  North  Carolina ;  from 
Statesborg,  by  Salem  Courthouse,  and  Ringstree,  to  Willtown ;  from 
Columbia  to  Clarendon  Courthouse ;  from  Chester  Courthouse,  by  York 
Conrthoase,  Pinckneyville,  and  Union  Courthouse,  to  Spartanburg. 

In  North  CaroUna. — From  Washington  to  Bath,  and  from  thence  by 
Woodstock,  to  Hyde  Courthouse;  from  FayettevUIe,  by  M'Fall's,  and 
Winfield's,  to  Cheraw  Courthouse,  South  Carolina ;  from  Fayetteville, 
by  Lumberton  and  Barefield's  mill,  to  Willtown,  South  Carolina ;  from 
Lamberton,  by  Elizabethtown,  to  the  house  of  John  Anders,  or  William 
H.  Beaty,  on  South  River;  from  Fayetteville  to  Wilmington;  from 
Chariotte,  by  Lincolnton,  and  Morganton,  Buncomb  CourUiouse,  the 
Warm  Springs,  and  thence  to  Greenville,  in  Tennessee ;  the  post  road 
from  Salem  to  Salisbury,  shall  pass  through  Lexington ;  the  post  road 
from  Raleigh  to  Newbem,  shall  pass  through  the  county  of  Davie ;  the 
post  road  from  Moore  Courthouse  to  Salisbury,  to  pass  by  the  new  or 
oU  Courthouse  of  Randolph,  as  may  be  found  most  eligible;  from  Rock- 
ford  to  Grayson  Courthouse,  Virginia. 

In  Tennessee. — ^From  Knoxville  to  Marysville ;  from  Sullivan  Court- 
hoDse,  by  Hawkins  Courthouse,  and  Orr's  tavern,  to  Knoxville ;  from 
Nuhville,  by  Robertson  Courthouse,  and  Montgomery  Courthouse,  to 
Pahnyra;  from  Nashville  to  Natchez,  in  the  Mississippi  territory;  the 
post  road  which  now  passes  from  Abington,  in  Virginia,  to  Knoxville, 
in  Tennessee,  shall  hereafter  pass  by  Sullivan  Courthouse,  Jonesborough, 
Qreeoville,  Cheek- •  cross  roads,  and  Jeffisrson  Courthouse. 

£i  Kaituekif, — ^From  Frankfort,  by  Versailles,  and  Richmond,  to 


44  SIXTH  CONGRESS.     Sess.  I.  Cii.  32.     180(1. 

Newmt  rotdi  Orr's  tavern,  Tennessee ;  from  Danville,  by  Standford,  to  Lancabter ; 
MUbudied.  ^jjj  Frankfort,  by  Clark  Courthouse,  Montgomery  Courthouse,  and 
Fleming  Courthouse,  to  Washington ;  from  Frankfort,  by  Scott  Court- 
house, Harrison  Courthouse,  Pendleton  Courthouse,  and  Campbell  Court- 
house, to  Cincinnati,  North  Western  Territory;  from  Frankfort,  by 
Shelbysville,  Bardstown,  Hardin  Courthouse,  and  Logan  Courthouse,  to 
Robinson  Courthouse,  in  Tennessee ;  the  post  road  from  Washington, 
to  Cincinnati,  shall  pass  by  Bracken  Courthouse ;  the  post  road  from 
Beardstown,  to  Louisville,  shall  pass  through  Shepherdsville ;  from  Logan 
Courthouse,  by  Christian  Courthouse,  Livingston  Courthouse,  Hender- 
son Courthouse,  to  Muhlenberg  Courthouse ;  and  from  Logan  Court- 
house, by  Warren  Courthouse,  and  Barren  Courthouse,  to  Green  Court- 
house. 

In  the  North  Western  Territory. — From  Washington,  Kentucky,  by 
Manchester,  in  North  Western  Territory,  to  Chilicothe;  from  Louis- 
ville, Kentucky,  to  Yiiicennes ;  from  Zanes,  on  the  Muskingum,  to 
Marietta. 

In  Virginia. — From  Culpepper  Courthouse,  by  Madison  Courthouse, 
to  Orange  Courthouse;  from  Fredericksburg,  by  Spotsylvania  Court- 
house, and  Louisa  Courthouse,  to  Columbia ;  from  Fredericksburg,  by 
King  George  Courthouse,  Mattoxbridge,  Leedstown,  Westmoreland 
Courthouse  on  Templeman's  cross  roads,  Richmond  Courthouse,  and 
Farnham,  to  Kinsale ;  from  Fredericksburg,  by  Rogers'  mills,  Chiles' 
store,  Chesterfield,  Oxford,  and  Crew's  store, to  Goochland  Courthouse; 
from  King  and  Queen  Courthouse,  to  Shackleford's  store ;  from  Glou- 
cester Courthouse,  to  Matthews  Courthouse;  from  Moorefields,  by  Frank- 
lin, to  Bath  Courthouse;  from  Richmond,  by  Coles'  in  Chesterfield  county, 
Janetoebridge,  Amelia  Courthouse,  Pridesville,  and  Ligontown,  to  James- 
town ;  from  Petersburg,  l^y  Amelia  Courthouse,  Nottaway  Courthouse, 
Bibb's  ferry  on  Staunton  river,  to  Halifax  Courthouse ;  from  Alexandria, 
by  Centerville,  Middleburg,  Paris,  and  Millwood,  to  Winchester ;  from 
Cartersville,  by  New  Canton,  Buckingham  Courthouse,  and  Bent  Creek, 
to  Lynchburg ;  from  Rcniney,  by  Springfield  and  Frankfort,  to  Cumber- 
land, in  Maryland ;  from  Centerville,  by  the  Red  House,  to  Fauquier 
Courthouse ;  from  Washington,  Pennsylvania,  by  Charlestown  or  Brooke 
Courthouse,  in  Virginia,  to  Wheeling;  the  post  road  from  Alexandria  to 
Leesburg,  shall  pass  through  Matildaville ;  and  the  post  road  from  Lee»- 
burff,  to  Shepherdstown,  shall  pass  through  Charlestown,  in  the  county 
of  Berkeley ;  the  post  road  from  Sweetspring,  to  Greenbrier  Courthouse, 
shall  pass  by  Monroe  Courthouse ;  from  Greenbrier  Courthouse  to  Kan- 
haway  Courthouse ;  from  Lexington,  direct  to  Cabellsburg;  from  Meck- 
lenburg Courthouse,  the  mail  shall  return  by  Christian's  store,  at  Coze's, 
to  Lunenburg  Courthouse,  and  Edmond's  store,  to  Gholson's. 

In  Maryland, — From  Baltimore,  by  Reisterstown,  Westminster, 
Taneytown  and  Emmitsburg,  to  Fairfield,  Pennsylvania;  from  Balti- 
more, by  Libertytown,  to  Fredericktown ;  and  from  Fredericktown,  by 
Harper's  Ferry,  to  Charlestown,  in  Berkeley  county,  Virginia;  from 
Port  Tobacco,  by  the  Top  of  the  Hill,  to  Nanjemoy ;  from  Leonardo 
town,  by  the  Great  Mill  to  the  Ridge;  from  Washington,  to  Upper 
Marlborough ;  from  Washington,  by  Queen  Ann,  to  Annapolis ;  uom 
Easton,  by  Cambridge  and  New  Market,  to  Vienna ;  from  Easton,  by 
Hillsborough,  Denton  and  Greensborough,  to  Whitelysburgh. 

In  Pennsyhania, — From  Lancaster,  by  Elizabethtown  and  Middle- 
town,  to  Harrisburg,  Sunbury,  and  Northumberland;  from  Lancaster, 
to  New  Holland;  from  Harrisburg,  by  Clark's  ferry,  Millerstown, 
Thompsontown,  Mifflintown,  Lewistown,  and  Huntington,  to  Alexan- 
dria; from  Lewistown,  by  Mifflintown,  Aaronsburg,  Milesharg,  and 
Bellefont,  to  Centre  Furnace;  from  Lewistown, by  Muncey,  and  MQton, 
to  Williamsport;  from  Northumberland,  to  Berwick,  and  thence  by 


SIXTH  CONGRESS.     Se8s.  I   Ch.  33.     ISDO. 


45 


GtUwaaaee,  to  Northumberland ;  from  Wilkesbarre,  bj  Wyalusinff,  to 
Athena;  from  UnioD,  to  New  Geneva;  from  Pittsburg,  by  Franklin, 
Meadsville,  and  Le  Beuf,  to  Presqu'isle;  from  Washington  to  Waynesburg. 

Im,  New  York, — From  Hudson,  by  Katskiil,  Harpersfield,  Ouliout, 
Unadilla,  and  Union,  to  Athens,  Pennsylvania ;  from  Athens,  Pennsyl- 
vania, by  Newtown,  Painted  Post,  and  Bath,  to  Canandarqua;  from 
Utica,  by  New  Hartford,  Hamilton  and  Sherboume,  to.  Oiford ;  from 
Cooperetown,  on  the  State  road,  to  Scipio ;  from  Vergennes,  Vermont, 
by  Charlotte,  Vermont,  and  Peru,  to  Plattsburg. 

In  New  Jersey. — From  Easton,  Pennsylvania,  by  Bdvidere,  and 
JohnwNibarg,  to  Newtown ;  from  New  Brunswick,  by  Somerset  Court- 
house, and  Pluckemin,  to  New  Gormantown;  from  Trenton,  by  Bor- 
dentown,  Slabtown,  Mount  Holly,  Moorestown,  and  Haddenfield,  to 
Philadelphia. 

Jk  dnneeticui. — ^From  Fairfield,  by  Trumbull,  Huntington,  New- 
town, and  Brookfield,  to  New  Milford. 

Im  Massaekusetts. — From  Boston,  by  Bridffewater,  and  Taunton,  to 
New  Bedford;  from  New  Bedford,  by  Rochester,  and  Wareharo,  to 
Sandwich;  from  Hanover,  by  Scituate,  Marshfield,  and  Duxbury,  to 
Kingston ;  from  Truro  to  Provincetown ;  from  Billerica,  by  Patucket 
bridge,  to  Dracut,  and  Hovey's  tavern,  to  Pelham,  and  Nottingham, 
West,  in  New  Hampshire ;  from  Concord,  by  Groton,  New  Ipswich, 
and  Jaffiray,  to  Marlborough,  New  Hampshire. 

/jft  Vermani, — From  Westminster,  by  Bellows  Falls,  through  Rock- 
ingham, Chester,  and  Cavendish,  to  Rutland ;  from  Newbury,  to  Dan- 
ville; from  Burlington,  through  St.  Albans,  to  Hyegate. 

Im  New  Hampshire, — From  Exeter,  by  Nottingham,  to  Concord ;  from 
Salisbury,  through  Grafton,  to  Hanover. 

Ik  Maine. — ^From  Portland,  by  Windham,  Waterford,  Buckfield,  and 
Turner,  to  Portland ;  from  Bucktown,  to  Edenton. 

Sbc.  3.  And  be  it  further  enacted,  That  nothing  contained  in  this  act 
shall  be  construed  so  as  to  affect  any  existing  contracts  for  carrying  the 
mail. 

AppaovED,  April  23,  1800. 


NswpMti 
MttbUuMd. 


Statutb  I. 


t^BAP.  XXXUh-^-^nJUt/or  the  better gimernmetUof  the irafytftheUmtedSM        April 28, 1800. 

Skction  1.  Be  it  enacted  by  the  Senate  and  House  of  Representatives 
of  the  United  States  of  America  in  Congress  assemblea,  That  from  and 
aAer  the  first  day  of  June  next,  the  following  rules  and  regulations  be 
adopted  and  put  in  force,  for  the  government  of  the  navy  of  the  United 
States. 

Art.  I.  The  commanders  of  all  ships  and  vessels  of  war  belonging  to 
the  navy,  are  strictly  enjoined  and  required  to  show  in  themselves  a 
good  example  of  virtue,  honour,  patriotism  and  subordination ;  and  be 
vigilant  in  inspecting  the  conduct  of  all  such  as  are  placed  under 
their  command ;  and  to  guard  agsinst,  and  suppress,  all  dissolute  and 
immoral  practices,  and  to  correct  all  such  as  are  guilty  of  them,  accord- 
ing  to  the  usage  of  the  sea  service. 

Art  n.  The  commanders  of  all  ships  and  vessels  in  the  navy,  having 
chaplains  on  board,  shall  take  care  that  divine  service  be  performed  in 
a  solemn,  orderly,  and  reverent  manner  twice  a  day,  and  a  sermon 
preached  on'  Sunday,  unless  bad  weather,  or  other  extraordinary  acci- 
dents prevent  it ;  and  that  they  cause  all,  or  as  many  of  the  ship's  com- 
pany as  can  be  spared  from  duty,  to  attend  at  every  performance  of  the 
worship  of  Almighty  God. 

Art  III.  Any  officer,  or  other  person  in  the  navy,  who  shall  be 
gothj  of  oppression,  cruelty,  fraud,  profane  swearing,  drunkenness,  or 


Ralei  and 
regalationi  for 
the  aoTemment 
of  the  navy. 

April  83,  ISOO, 
ch.  88. 

Esoniplary 
condact  incum- 
bent  on  com- 
manden. 


Divfais  Mrvioe 
and  proaching. 


Panithmentof 
eortain  loaada- 


46 


SIXTH  CONGRESS.     Sess.  I.  Ch.  33.     1800. 


PenaltiM  on 
the  breach  of 
daty  in  reipect 
of  attack  and 
batUe. 


Diiobedience 
in  time  of  bat- 
Ue. 


Detertingdatj. 


Pnniihment  of 
cowardice,  fro. 


Papera  to  be 
traniniitled  re- 
ipecting  cap- 
tares  to  the  dis- 
trict iadge  of  the 
district  to  which 
the  prise  is  or- 
dered. 

List  of  officers, 
Ike. 


Penalty  on  pil- 
laging  a  pnse, 
or  maltreating 
the  persons  on 
board  the 


Protection  of 
persons  taken 
on  board  of 
prises. 

Intercourse 
with  enemies 
and  rebelsi  (br- 


an  J  other  scandalous  conduct,  tending  to  the  destruction  of  good 
morals,  shall,  if  an  officer,  be  cashiered,  or  suffer  such  other  punishment 
as  a  court  martial  shall  adjudge ;  if  a  private,  shall  be  put  in  irons,  or 
flogged,  at  the  discretion  of  the  captain,  not  exceeding  twelve  lashes ; 
bat  if  the  offence  require  severer  punishment,  he  shall  be  tried  bj  a 
court  martial,  and  suffer  such  punishment  as  said  court  shall  inflict. 

Art.  IV.  Every  commander  or  other  officer  who  shall,  upon  signal 
for  battle,  or  on  the  probability  of  an  engagement,  neglect  to  clear  his 
ship  for  action,  or  shall  not  use  his  utmost  exertions  to  bring  his  ship  to 
battle,  or  shall  fail  to  encourage,  in  his  own  person,  his  inferior  officers 
and  men  to  fight  courageously,  such  oflehder  shall  suffer  death,  or  such 
other  punishment  as  a  court  martial  shall  adjudge ;  or  any  officer  neglect- 
ing, on  sight  of  any  vessel  or  vessels  of  an  enemy,  to  clear  his  ship  for 
action,  shall  suffer  such  punishment  as  a  court  martial  shall  adjudge; 
and  if  any  person  in  the  navy  shall  treacherously  yield,  or  pusillani- 
mously  cry  for  quarters,  he  shall  suffer  death,  on  conviction  thereof,  by 
a  general  court  martial. 

Art  V.  Every  officer  or  private  who  shall  ngt  properly  observe  the 
orders  of  his  commanding  officer,  or  shall  not  use  his  utmost  exertions 
to  carry  them  into  execution,  when  ordered  to  prepare  for,  join  in,  or 
when  actually  engaged  in  battle ;  or  shall  at  such  time,  basely  desert  his 
duty  or  station,  either  then,  or  while  in  sight  of  an  enemy,  or  shall 
induce  others  to  do  so,  every  person  so  offending  shall,  on  convic- 
tion thereof  by  a  general  court  martial,  suffer  death  or  such  other  pun- 
ishment as  the  said  court  shall  adjudge. 

Art.  VI.  Every  officer  or  private  who  shall  through  cowardice,  ne- 
ffligence,  or  disaffection  in  time  of  action,  withdraw  from,  or  keep  out  of 
battle,  or  shall  not  do  his  utmost  to  take  or  destroy  every  vessel  which 
it  is  his  duty  to  encounter,  or  shall  not  do  his  utmost  endeavour  to  afford 
relief  to  ships  belonging  to  the  United  States,  every  such  offender  shaU, 
on  conviction  thereof  by  a  general  court  martial,  suffer  death,  or  such 
other  punishment  as  the  said  court  shall  adjudge. 

Art  VII.  The  commanding  officer  of  every  ship  or  vessel  in  the  navy, 
who  shall  capture,  or  seize  upon  any  vessel  as  a  prize,  shall  carefully 
preserve  all  the  papers  and  writings  found  on  board,  and  transmit  the 
whole  of  the  originals  unmutilated  to  the  judge  of  the  district  to  which 
such  prize  is  ordered  to  proceed,  and  shall  transmit  to  the  navy  de- 
partment, and  to  the  agent  appointed  to  pay  the  prize  money,  complete 
lists  of  the  officers  and  men  entitled  to  a  share  of  the  capture,  inserting 
therein  the  quality  of  every  person  rating,  on  pain  of  forfeiting  his 
whole  share  of  the  prize  money  resulting  from  such  capture,  and  sufier- 
ing  such  further  punishment  as  a  court  martial  shall  adjudge. 

Art.  VIII.  No  person  in  the  navy  shall  take  out  of  a  prize,  or  vessel 
seized  as  prize,  any  money,  plate,  goods,  or  any  part  of  her  rigging, 
unless  it  be  for  the  better  preservation  thereof,  or  absolutely  necessary 
for  the  use  of  any  of  the  vessels  of  the  United  States,  before  the  same 
shall  be  adjudged  lawful  prize  by  a  competent  court ;  but  the  whole, 
without  fraud,  concealment,  or  embezzlement,  shall  be  brought  in,  and 
judfirment  passed  thereon,  upon  pain  that  every  person  offending  herein 
shall  forfeit  his  share  of  the  capture,  and  suffer  such  further  punishment 
as  a  court  martial,  or  the  court  of  admiralty  in  which  the  prize  is 
adjudged,  shall  impose. 

Art.  IX.  No  person  in  the  navy  shall  strip  of  their  clothes,  or  pillage, 
or  in  any  manner  maltreat  persons  taken  on  board  a  prize,  on  pain  of 
such  punishment  as  a  court  martial  shaU  adjudge. 

Art  X.  No  person  in  the  navy  shall  give,  hold,  or  entertain  any 
intercourse  or  intelligence  to  or  with  any  enemy  or  rebel,  without  leave 
from  the  President  of  the  United  States,  the  Secretary  of  the  Navy,  the 
commander  in  chief  of  the  fleet,  or  the  commander  of  a  squadron ;  or 


SIXTH  CONGRESS.    Se88.  L  Ch.  33.     1800. 


47 


I  of  a  vessel  acting  singly  from  his  commanding  officer,  on  pain 
of  death,  or  such  other  punishment  as  a  court  martial  shaU  adjudge. 

Art.  XI.  If  any  letter  or  message  from  an  enemy  or  rebel,  be  conveyed 
to  any  officer  or  private  of  the  navy,  and  he  shall  not,  within  twelve 
boursy  make  the  same  known,  having  opportunity  so  to  do,  to  his  supe- 
rior or  commanding  officer ;  or  if  any  officer  commanding  a  ship  or 
vessel,  being  acquainted  therewith,  shall  not,  with  all  convenient  speed, 
reveal  the  same  to  the  commander  in  chief  of  the  fleet,  commander  of  a 
squadron,  or  other  proper  officer  whose  duty  it  may  be  to  take  cogni- 
sance thereof,  every  such  offender  shall  suffer  death,  or  such  other 
panishment  as  a  court  martial  shall  adjudge. 

Art.  Xn.  Spies,  and  all  persons  who  shall  come  or  be  found  in  the  ca- 
pacity ofspies,  or  who  shall  bring  or  deliver  any  seducing  letter  or  message 
from  an  enemy  or  rebel,  or  endeavour  to  corrupt  any  person  in  the  navy 
to  betray  his  trust,  shall  suffer  death,  or  such  other  punishment  as  a 
court  martial  shall  adjudge. 

Art  XIII.  If  any  person  in  the  navy  shall  make  or  attempt  to  make 
any  mutinous  assembly,  he  shall  on  conviction  thereof  by  a  court  martial, 
Bufier  death ;  and  if  any  person  as  aforesaid  shall  utter  any  seditious  or 
matinous  words,  or  shall  conceal  or  connive  at  any  mutinous  or  seditious 
practices,  or  shall  treat  with  contempt  his  superior,  being  in  the  execu- 
tion of  his  office ;  or  being  witness  to  any  mutiny  or  sedition,  shall  not 
do  bis  otmost  to  suppress  it,  he  shall  be  punished  at  the  discretion  of  a 
court  martial. 

Art  XIV.  No  officer  or  private  in  the  navy  shall  disobey  the  lawful 
orders  of  his  superior  officer,  or  strike  him,  or  draw,  or  offer  to  draw, 
or  raise  any  weapon  against  him,  while  in  the  execution  of  the  duties 
of  bis  office,  on  pain  of  death,  or  such  other  punishment  as  a  court 
martial  shall  inflict. 

Art  XV.  No  person  in  the  navy  shall  quarrel  with  any  other  person  in 
the  navy,  nor  use  provoking  or  reproachful  words,  gestures,  or  menaces, 
oo  pain  of  such  punishment  as  a  court  martial  shall  adjudge. 

Art  XVI.  If  any  person  in  the  navy  shall  desert  to  an  enemy  or 
rd>el,  he  shall  suffer  death. 

Art  XVII.  If  any  person  in  the  navy  shall  desert,  or  shall  entice 
others  to  desert,  he  shall  suffer  death,  or  such  other  punishment  as  a 
court  martial  shall  adjudge ;  and  if  any  officer  or  other  person  belong- 
ing to  the  navy,  shall  receive  or  entertain  any  deserter  from  any  other 
vcskI  of  the  navy,  knowing  him  to  be  such,  and  shall  not,  with  all 
eonTenient  speed,  give  notice  of  such  deserter  to  the  commander  of  the 
vessel  to  which  he  belongs,  or  to  the  commander  in  chief,  or  to  the 
commander  of  the  squadron,  he  shall  on  conviction  thereof,  be  cashiered, 
or  be  punished  at  the  discretion  of  a  court  martial.  All  offences  com- 
mitted by  persons  belonging  to  the  navy  while  on  shore,  shall  be  punished 
hi  the  same  manner  as  if  they  had  been  committed  at  sea. 

Art  XVIIL  If  any  person  in  the  navy  shall  knowingly  make  or  sign, 
or  shaO  aid,  abet,  direct,  or  procure  the  making  or  signing  of  any  false 
muster,  or  shall  execute,  or  attempt,  or  countenance  any  fraud  against 
the  United  States,  he  shall,  on  conviction,  be  cashiered  and  rendered  for 
ever  incapable  of  any  future  employment  in  the  service  of  the  United 
States,  and  shall  forfeit  all  the  pay  and  subsistence  due  him,  and  suffer 
such  other  punishment  as  a  court  martial  shall  inflict 

Art  XIX.  If  any  officer,  or  other  person  in  the  navy,  shall,  through 
inteatioo,(a)  negligence,  or  any  other  fault,  suffer  any  vessel  of  the 
navj  to  be  stranded,  or  run  upon  rocks  or  shoals,  or  hazarded,  he  shall 
goffer  sQch  punishment  as  a  court  martial  shall  adjudge. 

Art  XX.  If  any  person  in  the  navy  shall  sleep  upon  his  watch,  or 
negligently  perform  the  duty  assigned  him,  or  leave  his  station  before 
regularly  relieved,  he  shall  suffer  death,  or  such  punishment  as  a  court 


Mefsag6  from 
an  enem^  to  bo 
communicatod. 


Mutiny 
■edition. 


Attempt  at 
mutiny. 


Diiobedience 
of  orden  and 
asianlt  of  a  su- 
perior ( 


QuatTtUng. 


Deiertion. 


Offencea  com- 
mitted  on  ihoxe. 


Frauds  arainst 
the  United 
SUtes. 


Improper  navi- 
gation of  Tea. 
■eli. 


Negligei 
tbeperfon 
of  duty,  kc, 


(a)  So  in  originid.    Perhaps  tnattetUion  is  meant. 


48 


SIXTH  CONGRESS.    Sbss.  I.  Cii.  33.     1800. 


Mulder. 


DntiM  in  rala- 

tiOll  to  COBTOJ. 


Penalty  on  re- 
eeiving    mer- 
chuidife  on 
boerd. 


Waete,  embes- 
slement,  fro.  of 
pablie  property. 


Burning    of 
pttUie  property. 


Theft. 


Offeneei 
againit  people 
on  ikore. 

Detection  and 
lion  of 


Muter  rollf 
and  ahip's 
booka. 


martial  shall  adjudge ;  or,  if  the  offender  he  a  private,  he  may,  at  the 
discretion  of  the  captain,  be  put  in  irons,  or  flogged  not  exceeding 
twelve  lashes. 

Art.  XXI.  The  crime  of  murder,  when  committed  by  any  officer,  sea- 
man, or  marine,  belon|[ing  to  any  public  ship  or  vessel  of  the  United 
States,  without  the  territorial  jurisdiction  of  the  same,  may  be  punished 
with  death  by  the  sentence  of  a  court  martial. 

Art.  XXII.  The  officers  and  privates  of  every  ship  or  vessel,  appointed 
as  convoy  to  merchant  or  other  vessels,  shall  diligently  and  faithfully  di»- 
charge  the  duties  of  their  appointment,  nor  shall  they  demand  or  exact 
any  compensation  for  their  services,  nor  maltreat  any  of  the  officers  or 
crews  of  such  merchant  or  other  vessels,  on  pain  of  making  such  repara- 
tion as  a  court  of  admiralty  may  award,  and  of  suffering  such  further 
punishment  as  a  court  martial  shall  adjudge. 

Art  XXIII.'  If  any  commander  or  other  officer  shall  receive  or  per- 
mit to  be  received,  on  board  his  vessel,  any  ffoods  or  merchandise,  other 
than  for  the  sole  use  of  his  vessel,  except  gdd,  silver,  or  jewels,  and  ex- 
cept the  goods  or  merchandise  of  vessels  which  may  be  in  distress,  or 
shipwrecked,  or  in  imminent  danger  of  being  shipwrecked,  in  order  to 
preserve  them  for  their  owner,  without  orders  from  the  President  of  the 
United  States  or  the  navy  department,  he  shall,  on  conviction  thereof, 
be  cashiered,  and  be  incapacitated  forever  afterwards,  for  any  place  cr 
office  in  the  navy. 

Art  XXIV.  If  any  person  in  the  navy  shall  waste,  embezzle,  or  fraudu- 
lently buy,  sell,  or  receive  any  ammunition,  provisions,  or  other  public 
stores ;  or  if  any  officer  or  other  person  shaU,  knowingly,  permit  through 
design,  negligence,  or  inattention,  any  such  waste,  embezzlement,  sale 
or  receipt,  every  such  person  shall  forfeit  all  the  pay  and  subsistence 
then  due  him,  and  suffer  such  further  punishment  as  a  court  martial  shall 
direct 

Art.  XXV.  If  any  person  in  the  navy  shall  unlawfully  set  fire  to  or 
burn  any  kind  of  public  property,  not  then  in  the  possession  of  an  ene- 
my, pirate,  or  rebd,  he  shall  suffer  death :  And  if  any  person  shall,  in 
any  other  manner,  destroy  such  property,  or  shall  not  use  his  best  exer- 
tions to  prevent  the  destruction  thereof  by  others,  he  shall  be  punished 
at  the  discretion  of  a  court  martial. 

Art  XXVI.  Any  theft  not  exceeding  twenty  dollars  may  be  punished 
at  the  discretion  of  the  captain,  and  am>ve  that  sum,  as  a  court  martial 
shall  direct. 

Art  XXVII.  If  any  person  in  the  navy  shall,  when  on  shore,  plunder, 
abuse,  or  maltreat  any  inhabitant,  or  injure  his  property  in  any  way,  he 
shall  suffer  such  punishment  as  a  court  martial  shall  adjudge. 

Art.  XXVIII.  Every  person  in  the  navy  shall  use  his  utmost  exertions 
to  detect,  apprehend,  and  bring  to  punishment  all  offenders,  and  shall  at 
all  times,  aid  and  assist  all  persons  appointed  for  this  purpose,  on  pain 
of  such  punishment  as  a  court  martial  shall  adjudge. 

Art.  XXIX.  Each  commanding  officer  shall,  whenever  a  seamen  en- 
ters on  board,  cause  an  accurate  entry  to  be  made  in  the  ship's  books, 
of  his  name,  time,  and  term  of  his  service ;  and  before  sailing  transmit 
to  the  Secretary  of  the  Navy,  a  complete  list  or  muster  roll  of  the  officers 
and  men  under  his  command,  with  the  date  of  their  entering,  time  and 
terms  of  their  service  annexed ;  and  shall  cause  similar  lists  to  be  made 
out  on  the  first  day  of  every  second  month,  to  be  transmitted  to  the  Sec- 
retary of.the  Navy,  as  opportunities  shall  occur ;  accounting  in  such  lists 
or  muster  rolls,  for  any  casualties  which  may  have  taken  place  since  the 
last  list  or  muster  roll.  He  shall  cause  to  be  accurately  minuted  on  the 
ship's  books,  the  names  of,  and  times  at  which  any  death  or  desertion 
may  occur ;  and  in  case  of  death,  shall  take  care  that  the  purser  secure 
all  the  property  of  the  deceased  for  the  benefit  of  his  legal  representative 


SIXTH  CONGRESS.    Sess.  T.  Cii,  33.     1800. 


49 


or  rapreaenUtWes.  lie  shall  cause  frequent  inspections  to  be  made  into 
the  condition  of  the  provisions,  and  use  every  precaution  for  its  preser- 
vation. He  ahaU,  whenever  he  orders  officers  and  men  to  take  charge 
of  a  prize,  and  proceed  to  the  United  States,  and  whenever  officers  or 
men  are  sent  from  his  ship  from  whatever  cause,  take  care  that  each  man 
be  famished  with  a  complete  statement  of  his  account,  specifying  the 
dale  of  his  enlistment,  and  the  period  and  terms  of  his  service ;  which 
account  shall  be  signed  by  the  commanding  officer  and  purser.  He 
flbafl  cause  the  rules  for  the  government  of  the  navy  to  be  hung  op  in 
some  public  part  of  the  ship,  and  read  once  a  month  to  his  ship  s  com- 
pany. He  shall  cause  a  convenient  place  to  be  set  apart  for  sick  or  dis- 
abled men,  to  which  he  shall  have  them  removed,  with  their  hammocks 
and  bedding,  when  the  surgeon  shall  so  advise,  and  shall  direct  that 
some  of  the  crew  attend  them  and  keep  the  place  clean ;  and  if  neces- 
sary, shall  direct  that  cradles,  and  buckets  with  covers,  be  made  for  their 
nae :  And  when  his  crew  is  finally  paid  off,  he  shall  attend  in  person, 
or  appoint  a  proper  officer,  to  see  that  justice  be  done  to  the  men,  and 
to  the  United  States,  in  the  settlement  of  the  accounts.  Any  command- 
ing officer,  offending  herein,  shall  be  punished  at  the  discretion  of  a 
eoort  martial. 

Art.  XXX.  No  commanding  officer  shall,  of  his  own  authority,  di»- 
charge  a  commissioned  or  warrant  officer,  nor  strike,  nor  punish  him 
otherwise  than  by  suspension  or  confinement,  nor  shall  he,  of  his  own 
aothoritj,  inflict  a  punishment  on  any  private  beyond  twelve  lashes  with 
a  cato^ine-tails,  nor  shall  he  suffer  any  wired,  or  other  than  a  plain 
catrof^ne-iails,  to  be  used  on  board  his  ship ;  nor  shall  any  officer  who 
may  command  by  accident,  or  in  the  absence  of  the  commanding  officer 
(except  such  commander  be  absent  for  a  time  by  leave)  order  or  inflict 
any  other  punishment  than  confinement,  for  which  he  shall  account  on  the 
return  of  such  absent  commanding  officer.  Nor  shall  any  commanding 
officer  receive  on  board  any  petty  officers  \)r  men  turned  over  from  any 
other  vessel  to  him,  unless  each  of  such  officers  and  men  produce  to  him 
an  account  signed  by  the  captain  and  purser  of  the  ve»el  from  which 
they  came,  specifying  the  date  of  such  officer's  or  man's  entry,  the  period 
and  terms  of  service,  the  sums  paid  and  the  balance  due  him,  and  the 
quality  in  which  he  was  rated  on  board  such  ship.  Nor  shaU  any  com- 
manding officer,  having  received  any  petty  officer  or  man  as  aforesaid, 
rate  him  in  a  lower  or  worse  station  than  that  in  which  he  formerly 
served.  Any  commanding  officer  offending  herein,  shall  be  punished  at 
the  discretion  of  a  court  martial. 

Art  XXXI.  Any  master  at  arms,  or  other  person  of  whom  the  duty 
of  master  at  arms  is  required,  who  shall  refuse  to  receive  such  prisoners 
as  ahaJl  be  committed  to  his  charge,  or  having  received  them,  shall  suffer 
them  to  escape,  or  dismiss  them  without  orders  from  proper  authority, 
shall  soffisr  in  such  prisoners'  stead,  or  be  punished  otherwise  at  the  dia- 
cretion  of  a  court  martial. 

An.  XXXII.  All  crimes  committed  by  persons  belonging  to  the  navy, 
which  are  not  specified  in  the  foregoing  articles,  shall  be  punished  ac- 
cording to  the  laws  and  customs  in  such  cases  at  sea. 

Art  XXXIII.  All  officers,  not  holding  commissions  or  warrants,  or 
who  are  not  entitled  to  them,  except  such  as  are  temporarily  appointed 
to  the  duties  of  a  commissioned  or  warrant  officer,  are  deemed  petty 
officera. 

Art  XXXIV.  Any  person  entitled  to  wages  or  prize  money,  may 
have  the  same  paid  to  his  assignee,  provided  the  assignment  be  attested 
by  the  captain  and  purser;  and  in  case  of  the  assignment  of  wages,  the 
power  shaU  specify  the  precise  time  they  commence.  But  the  com- 
mander of  every  vessel  is  required  to  discourage  his  crew  from  selling 
any  part  of  their  wages  or  prize  monev,  and  never  to  attest  any  power 

Vol.  n.— 7  E 


InipectioB  of 
proviiioiif. 

Officer!  ud 
men  detached 
from  the  ship  to 
be    Aimiihed 
with  certain 
■tatementa. 


Rulea  to  be 
bang  up   and 
read. 

Treatment  of 
the  aiek. 


Paying  off. 


Treatment  of 
infbrior 


Maiteratarma. 


Crimea  not 


Who  are  pet- 
ty officeis. 


Aaaignment 
of  wagea  and 
prise  money. 


50 


SIXTH  CONGRESS.    Sess.  I.  Cii.  33.     1800. 


Appointment 
ofntTal  general 
eonrtf  martial. 


Oath  of  mem- 
ben  of  general 
courta  martial. 


Oath   of   the 
Jadge  advocate. 


Giving  of  tes- 
timonj. 


Kifaibition  of 
chaigea. 


of  attorney,  until  he  is  satisfied  that  the  same  is  not  granted  in  consider- 
ation of  money  given  for  the  purchase  of  wages  or  prize  money. 

Naval  General  Courts  Martial, 

Art.  XXXV.  General  courts  martial  may  be  convened  as  oflen  as  the 
President  of  the  United  States,  the  Secretary  of  the  Navy,  or  the  com- 
mander in  chief  of  the  fleet,  or  commander  of  a  squadron,  while  acting 
out  of  the  United  States,  shall  deem  it  necessary :  Provided,  that  no 
general  court  martial  shall  consist  of  more  than  thirteen,  nor  less  than 
five  members,  and  as  many  officers  shall  be  summoned  on  every  such 
court  as  can  be  convened  without  injury  to  the  service,  so  as  not  to  ex- 
ceed thirteen,  and  the  senior  officer  shall  always  preside,  the  others  rank- 
ing agreeably  to  the  date  of  their  commissions;  and  in  no  case,  where 
it  can  be  avoided  without  injury  to  the  service,  shall  more  than  one  half 
the  members,  exclusive  of  the  president,  be  junior  to  the  officer  to  be 
tried. 

Art.  XXXVI.  Each  member  of  the  court,  before  proceeding  to  trial, 
shall  take  the  following  oath  or  affirmation,  which  the  judge  advocate 
or  person  officiating  as  such,  is  hereby  authorized  to  administer. 

"  I,  A,  B.  do  swear  (or  affirm)  that  I  will  truly  try,  without  prejudice 
or  partiality,  the  case  now  depending,  according  to  the  evidence  which 
shall  come  before  the  court,  the  rules  for  the  government  of  the  navy, 
and  my  own  conscience;  and  that  I  will  not  by  any  means  divulge  or 
disclose  the  sentence  of  the  court,  until  it  shall  have  been  approved  by 
the  proper  authority,  nor  will  I  at  any  time  divulge  or  disclose  the  vote 
or  opinion  of  any  particular  member  of  the  court,  unless  required  so  to 
do  before  a  court  of  justice  in  due  course  of  law." 

This  oath  or  affirmation  being  duly  administered,  ihe  president  is 
authorized  and  required  to  administer  the  following  oath  or  affirmation 
to  the  judge  advocate,  or  person  officiating  as  such. 

"I,  A,  %.  do  swear  (or  affirm)  that  I  will  keep  a  true  record  of  the 
evidence  given  to  and  the  proceedings  of  this  court;  nor  will  I  divulge 
or  by  any  means  disclose  the  sentence  of  the  court  until  it  shall  have 
been  approved  by  the  proper  authority;  nor  will  I  at  any  time  divulge  or 
disclose  the  vote  or  opinion  of  any  particular  member  of  the  court,  unless 
required  so  to  do  before  a  court  of  justice  in  due  course  of  law." 

Art  XXXVII.  All  testimony  given  to  a  general  court  martial  shall 
be  on  oath  or  affirmation,  which  the  president  of  the  court  is  hereby 
authorized  to  administer,  and  if  any  person  shall  refuse  to  give  his  evi- 
dence as  aforesaid,  or  shall  prevaricate,  or  shall  behave  with  contempt  to 
the  court,  it  shall  and  may  be  lawful  for  the  court  to  imprison  such 
ofiender  at  their  discretion ;  provided  that  the  imprisonment  in  no  case 
shall  exceed  two  months:  and  every  person  who  shall  commit  wilful  per- 
jury on  examination  on  oath  or  sdffirmation  before  such  court,  or  who 
shall  corruptly  procure,  or  suborn  any  person  to  commit  such  wilful  per- 
jury, shall  and  may  be  prosecuted  by  indictment  or  information  in  any 
court  of  justice  of  the  United  States,  and  shall  suffisr  such  penalties  as 
are  authorized  by  the  laws  of  the  United  States  in  case  of  perjury  or 
the  subornation  thereof  And  in  every  prosecution  for  perjury  or  the 
subornation  thereof  under  this  act,  it  shall  be  sufficient  to  set  forth  the 
offisnce  charged  on  the  defendant,  without  setting  forth  the  authority  by 
which  the  court  was  held,  or  the  particular  matters  brought  or  intended 
to  be  brought  before  the  said  court 

Art  XXXVIII.  All  charges,  on  which  an  application  for  a  general 
court  martial  is  founded,  shall  be  exhibited  in  writing  to  the  proper 
officer,  and  the  person  demanding  the  court  shall  take  care  that  the  per- 
son accused  be  furnished  with  a  true  copy  of  the  charges,  with  the  spe- 
cifications, at  the  time  he  is  put  under  arrest,  nor  shall  any  other  charge 
or  charges,  than  those  so  exhibited,  be  urged  against  the  person  to  be 


SIXTH  CONGRESS.    Sess.  I.  Cii.  33.     1800. 


51 


tried  before  the  court,  unless  it  appear  to  the  court  that  intelligence  of 
such  charge  had  not  reached  the  person  demanding  the  court,  when  the 
pencm  so  to  be  tried  was  put  under  arrest,  or  that  some  witness  material 
to  the  support  of  such  charge,  who  was  at  that  time  absent,  can  be  pro- 
duced ;  in  which  case,  reasonable  time  shaU  be  given  to  the  person  to 
be  tried  to  make  his  defence  against  such  new  charge.  Every  officer  so 
arrested  is  to  deliver  up  his  sword  to  his  commanding  officer,  and  to 
eoofine  himself  to  the  limits  assigned  him,  under  pain  of  dismission  from 
serrice. 

Art.  XX'XIX.  When  the  proceedings  of  any  general  court  martial 
shaD  have  commenced,  they  shall  not  be  suspended  or  delayed  on  ac- 
count of  the  absence  of  any  of  the  members,  provided  live  or  more  be 
assembled;  but  the  court  is  enjoined  to  sit  from  day  to  day,  Sundays 
excepted,  until  sentence  be  given :  and  no  member  of  said  court  shall, 
after  the  proceedings  are  begun,  absent  himself  therefrom,  unless  in  case 
of  sickness  or  orders  to  go  on  duty  from  a  superior  officer,  on  pain  of 
being  cashiered. 

An.  XL.  Whenever  a  court  martial  shall  sentence  any  officer  to  be 
suspended,  the  court  shall  have  power  to  suspend  his  pay  and  emolu- 
ments for  the  whole,  or  any  part  of  the  time  of  his  suspension. 

Art.  XLI.  All  sentences  of  courts  martial,  which  shall  extend  to  the 
h3Bs  of  life,  shall  require  the  concurrence  of  two  thirds  of  the  members 
present ;  and  no  such  sentence  shall  be  carried  into  execution,  until 
confirmed  by  the  President  of  the  United  States ;  or  if  the  trial  take 
place  out  of  the  United  States,  until  it  be  confirm^  by  the  commander 
of  the  fleet  or  squadron :  all  other  sentences  may  be  determined  by  a 
majority  of  votes,  and  carried  into  execution  on  confirmation  of  the 
commander  of  the  fleet,  or  officer  ordering  the  court,  except  such  as  go 
to  the  dismission  of  a  commissioned  or  warrant  officer,  which  are  first  to 
be  approved  by  the  President  of  the  United  States. 

A  court  martial  shall  not,  for  any  one  offence  not  capital,  inflict  a 
ponishment  beyond  one  hundred  lashes. 

Art.  XLII.  The  President  of  the  United  States,  or  when  the  trial 
takes  place  out  of  the  United  States,  the  commander  of  the  fleet  or 
squadron,  shall  possess  full  power  to  pardon  any  offence  committed 
against  these  articles,  after  conviction,  or  to  mitigate  the  punishment 
decreed  by  a  court  martial. 

Sec.  S.  Art.  I.  And  be  it  further  enacted,  That  courts  of  inquiry 
may  be  ordered  by  the  President  of  the  United  States,  the  Secretary  of 
the  Navy,  or  the  commander  of  a  fleet  or  squadron,  provided  such  court 
shall  not  consist  of  more  than  three  members  who  shall  be  commissioned 
officers,  and  a  judge  advocate,  or  person  to  do  duty  as  such ;  and  such 
courts  diall  have  power  to  summon  witnesses,  administer  oaths,  and 
punish  contempt  in  the  same  manner  as  courts  martial.  But  such  court 
shall  merely  state  facts,  and  not  give  their  opinion,  unless  expressly  re- 
quired so  to  do  in  the  order  for  convening ;  and  the  party,  whose  conduct 
riiall  be  the  subject  of  inquiry,  shall  have  permission  to  cross  examine 
all  the  witnesses. 

Art  n.  The  proceedings  of  courts  of  inquiry  shall  be  authenticated 
by  the  signature  of  the  president  of  the  court  and  judge  advocate,  and 
shaD,  in  all  cases  not  capital,  or  extending  to  the  dismission  of  a  com- 
misBioned  or  warrant  officer,  be  evidence  before  a  court  martial,  provided 
oral  testimony  cannot  be  obtained. 

Art  in.  The  judge  advocate,  or  person  officiating  as  such,  shall  ad- 
minister to  the  members  the  following  oath  or  affirmation : 

''Ton  do  swear,  (or  affirm)  well  and  truly  to  examine  and  inouire 
according  to  the  evidence,  into  the  matter  now  before  you,  without 
partiality  or  prejudice." 


Treatment  of 
an  arretted  oA- 
cer. 


Continaanee  of 
general  conrta 
martial. 


Order  of  a iia- 
peniion. 

Howaenteneee 
are  to  be  given 
and  confiimd. 


Pardon  and 
miti^tion  of 
pumshmenta. 


Courta  of  in- 
qoiry  may  be 
ordered. 


Proceedin|i 
how  authenti- 
cated. 


Oatha  of  the 
membera  and 
judge  advocate. 


52 


SIXTH  CONGRESS.    Sess.  I.  Ch.  33.     1800. 


IncMeoflon 
of  the  ▼euel. 
the  command  of 
the  officers  shall 
ramain  in  force. 


Pay  of  cap- 
tiTM  to  con- 
tinne. 


To  whom  the 
proceeds   of 
prises  shall  ac- 
crue. 


Distribution  of 
prise  money. 


After  which,  the  president  shall  administer  to  the  judge  advocate,  or 
person  officiating  as  such,  the  following  oath  or  affirmation  : 

"  You  do  swear  (or  affirm)  truly  to  record  the  proceedings  of  this 
court,  and  the  evidence  to  be  given  in  the  case  in  hearing." 

Sec.  3.  And  be  it  further  enacted^  That  in  all  cases,  where  the  crews 
of  the  ships  or  vessels  of  the  United  States  shall  be  separated  from  their 
vessels,  by  the  latter  being  wrecked,  lost  or  destroyed,  all  the  command, 
power,  and  authority,  given  to  the  officers  of  such  ships  or  vessels,  shall 
remain  and  be  in  full  force  as  effectually  as  if  such  ship  or  vessel  were 
not  so  wrecked,  lost,  or  destroyed,  until  such  ship's  company  be  regu- 
larly discharged  from,  or  ordered  again  into  the  service,  or  until  a  court 
martial  shall  be  held  to  inquire  into  the  loss  of  such  ship  or  vessel ; 
and  if  by  the  sentence  of  such  court,  or  other  satisfactory  evidence,  it 
shall  appear  that  all  or  any  of  the  officers  and  men  of  such  ship's  com* 
pany  did  their  utmost  to  preserve  her,  and  after  the  loss  thereof  behaved 
themselves  agreeably  to  the  discipline  of  the  navy,  then  the  pay  and  emol- 
uments of  such  officers  and  men,  or  such  of  them  as  shall  have  done 
their  duty  as  aforesaid,  shall  go  on  until  their  discharge  or  death ;  and 
every  officer  or  private  who  shall,  after  the  loss  of  such  vessel,  act  con- 
trary to  the  discipline  of  the  navy,  shall  be  punished  at  the  discretion  of 
a  court  martial,  in  the  same  manner  as  if  such  vessel  had  not  been  so  lost. 

Sec.  4.  And  he  it  further  enacted^  That  all  the  pay  and  emoluments 
of  such  officers  and  men,  of  any  of  the  ships  or  vessels  of  the  United 
States  taken  by  an  enemy,  who  shall  appear  by  the  sentence  of  a  court 
martial,  or  otherwise,  to  have  done  their  utmost  to  preserve  and  defend 
their  ship  or  vessel,  and,  after  the  taking  thereof,  have  behaved  them- 
selves obediently  to  their  superiors,  agreeably  to  the  discipline  of  the 
navy,  shall  go  on  and  be  paid  them  until  their  death,  exchange,  or 
discharge. 

Sec.  5.  And  he  it  fwther  enacted,  That  the  proceeds  of  all  ships  and 
vessels,  and  the  goods  taken  on  board  of  them,  which  shall  be  adjudged 
good  prize,  shall,  when  of  equal  or  superior  force  to  the  vessel  or  ves- 
sels making  the  capture,  be  the  sole  property  of  the  captors;  and  when 
of  inferior  force,  shall  be  divided  equally  between  the  United  States  and 
the  officers  and  men  making  the  capture. 

Sec.  6.  And  he  it  [furtlur"]  enacted.  That  the  prize  money,  belonging 
to  the  officers  and  men,  shall  be  distributed  in  the  following  manner : 

I.  To  the  commanding  officers  of  fleets,  squadrons,  or  single  ships, 
three  twentieths,  of  which  the  commanding  officer  of  the  fleet  or  squad- 
ron shall  have  one  twentieth,  if  the  prize  be  taken  by  a  ship  or  vessel 
acting  under  his  command,  and  the  commander  of  single  ships,  two 
twentieths ;  but  where  the  prize  is  taken  by  a  ship  acting  independently 
of  such  superior  officer,  the  three  twentieths  shall  belong  to  her  com- 
mander. 

II.  To  sea  lieutenants,  captains  of  marines,  and  sailing  masters,  two 
twentieths ;  but  where  there  is  a  captain,  without  a  lieutenant  of  ma- 
rines, these  officers  shall  be  entitled  to  two  twentieths  and  one  third  of 
a  twentieth,  which  third,  in  such  case,  shall  be  deducted  from  the  share 
of  the  officers  mentioned  in  article  No.  III.  of  this  section. 

III.  To  chaplains,  lieutenants  of  marines,  surgeons,  pursers,  boat- 
swains, gunners,  carpenters,  and  master's  mates,  two  twentieths. 

IV.  To  midshipmen,  surgeon's  mates,  captain's  clerks,  schoolmasters, 
boatswain's  mates,  gunner's  mates,  carpenter's  mates,  ship's  stewards, 
sail-makers,  masters  at  arms,  armorers,  cockswains,  and  coopers,  three 
twentieths  and  an  half. 

V.  To  gunner's  yeomen,  boatswain's  yeomen,  quartermasters,  quarter- 
gunners,  sail-maker's  mates,  sergeants  and  corporals  of  marines,  drum- 
mers, ftfers  and  extra  petty  officers,  two  twentieths  and  an  half. 


SIXTH  CONGRESS.    Si»8. 1.  Ch.  34.     1800. 


53 


YL  To  seamen,  ordinary  seamen,  marines,  and  all  other  persons 
doing  doty  on  board,  seven  twentieths. 

YU-  Whenever  one  or  more  public  ships  or  vessels  are  in  sight  at  the 
time  any  erne  or  more  ships  are  taking  a  prize  or  prizes,  they  shall  all 
diare  equally  in  the  prize  or  prizes,  according  to  the  number  of  men 
and  gnns  on  board  each  ship  in  sight. 

No  commander  of  a  fleet  or  squadron  shall  be  entitled  to  receive  any 
share  of  prizes  taken  by  vessels  not  under  his  immediate  command ; 
nor  oi  such  prizes  as  may  have  been  taken  by  ships  or  vessels  intended 
to  be  placed  under  his  command,  before  they  have  acted  under  his  im- 
mediate orders ;  nor  shall  a  commander  of  a  fleet  or  squadron,  leaving 
the  station  where  he  had  the  command,  have  any  share  in  the  prizes 
taken  by  ships  left  on  such  station,  after  he  has  gone  out  of  the  limits 
of  his  said  command. 

Sac.  7.  And  be  it  further  enacted.  That  a  bounty  shall  be  paid  by 
the  United  States,  of  twenty  dollars  for  each  person  on  board  any  ship 
of  an  enemy  at  the  commencement  of  an  engagement,  which  shall  be 
sank  or  destroyed  by  any  ship  or  vessel  belonging  to  the  United  States 
of  equal  or  inferior  force,  the  same  to  be  divided  among  the  officers 
and  crew  in  the  same  manner  as  prize  money. 

Sac.  8.  And  be  it  Jurther  enacted,  That  every  officer,  seaman,  or  ma- 
rine, disabled  in  the  line  of  his  duty,  shall  be  entitled  to  receive  for  life, 
or  daring  his  disability,  a  pension  from  the  United  States  according  to 
the  nature  and  degree  of  his  disability,  not  exceeding  one  half  his 
monthly  pay. 

Sac.  9.  And  be  it  [Jurtherl  enacted,  That  all  money  accruing,  or 
which  has  already  accrued  to  the  United  States  from  the  sale  of  prizes, 
fllian  be  and  remain  forever  a  fund  for  the  payment  of  pensions  and 
half  pay,  should  the  same  be  hereafter  granted,  to  the  officers  and  sea- 
men who  may  be  entitled  to  receive  the  same;  and  if  the  said  fund  shall 
be  insufficient  for  the  purpose,  the  public  faith  is  hereby  pledged  to 
make  up  the  deficiency ;  but  if  it  should  be  more  than  sufficient,  the 
8or|dus  shall  be  applied  to  the  making  of  further  provision  for  the  com- 
fort of  the  disabled  officers,  seamen,  and  marines,  and  for  such  as, 
thoogh  not  disabled,  may  merit  by  their  bravery,  or  long  and  faithful 
services,  the  gratitude  of  their  country. 

Sec.  10.  And  be  it  further  enacted.  That  the  said  fund  shall  be 
under  the  management  and  direction  of  the  Secretary  of  the  Navy,  the 
Secretary  of  the  Treasury,  and  the  Secretary  of  War,  for  the  time  being, 
who  are  hereby  authorized  to  receive  any  sums  to  which  the  Unit^ 
Stales  may  be  entitled  from  the  sale  of  prizes,  and  employ  and  invest 
the  same,  and  the  interest  arising  therefrom,  in  any  manner  which  a 
majority  of  them  may  deem  most  advantageous.  And  it  shall  be  the 
doty  of  the  said  commissioners  to  lay  before  Congress,  annually,  in  the 
first  week  of  their  session,  a  minute  statement  of  their  proceedings  rela- 
tive to  the  management  of  said  fund. 

Sec.  1 1.  And  be  it  further  enacted.  That  the  act  passed  the  second 
day  of  March,  in  the  year  one  thousand  seven  hundred  and  ninety-nine, 
intituled  "An  act  for  the  government  of  the  navy  of  the  United  States," 
from  and  after  the  first  day  of  June  next,  shall  be,  and  hereby  is 
repealed. 
Afproyed,  April  23, 1800. 


Bounty  given 
in  ceit&in  catat. 


Pensions  to 
penona  din- 
bled  in  the  Mr- 
▼iee. 


Appropriation 
of  the  part  of 


captu: 


e  pi 
irea 


pro- 


perty belonginf 
to  the  United 
SUtet. 


Management 
ofthe  navy  fund. 


Chap.  XXXIV.--^n  Jid  retpeding  the  Mint,(a) 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Representatives 
rf  the  United  States  of  America  in  Congress  assembled.  That  a  sum 


Repeal  of  the 
former  act. 

1799,  ch.  M. 


Statutb  I. 
April  U,  1800. 


(^  See  an  act  to  esUbliih  the  mint,  fcc,  April  13,  1792,  chap.  16,  and  the  note,  Vol.  i.  946. 


64 


SIXTH  CONGRESS.    Skss.  I.  Cii.  33,  36.     1800. 


Appropriatioii 
for  Um  porcbate 
of  copper. 

ActofMayS, 
1793,  eh.  39. 


Part  of  bullion 
depoaited,  to  be 
retaiBod  for  the 
expenae  of  re- 
fining. 

Vol.  i.  440. 


Statute  I. 


equal  to  the  amount  of  the  cents  and  half  cents,  which  shall  have  been 
coined  at  the  mint,  and  delivered  to  the  treasurer  of  the  United  States, 
subsequent  to  the  third  day  of  March,  in  the  year  one  thousand  seven 
hundred  and  ninety-nine,  shall  be,  and  the  same  is  hereby  appropriated 
for  the  purchase  of  copper  for  the  further  coinage  of  cents  and  half 
cents ;  and  that  a  sum  equal  to  the  amount  of  cents  and  half  cents, 
which  shall  be  hereafter  coined  at  the  mint,  and  delivered  to  the  trea- 
surer qf  the  United  States  in  any  one  year,  shall  be,  and  the  same  is 
hereby  appropriated  for  the  annual  purchase  of  copper  for  the  coinage 
of  cents  and  half  cents,  which  sums  shall  be  payable  out  of  any  monies 
in  the  treasury  not  otherwise  appropriated. 

Sec.  2.  And  be  it  further  enacted,  That  there  shall  be  retained  from 
every  deposit  in  the  mint,  of  gold  or  silver  bullion  below  the  standard  of 
the  United  States,  such  sum  as  shall  be  equivalent  to  the  expense  incur- 
red in  refining  the  same,  and  an  accurate  account  of  such  expense  on 
every  such  deposit  shall  be  kept,  and  of  the  sums  retained  on  account 
of  the  same,  which  shall  be  accounted  for  by  the  treasurer  of  the  mint, 
with  the  treasury  of  the  United  States. 

Approved,  April  24,  1800. 


April  34, 1800.     Chap.  XXXV. — Jn  Jet  to  continue  in  force  the  act  in  addition  to  the  act  for  the 
~  puniBhment  tf  certain  crimes  against  the  Untied  States, 


[Obaolete.] 

Act  of  Jane 

6, 1794,  cb.  50. 


Act  of  March 
3,  1797,  ch.  6. 


Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled,  That  an  act  passed  on 
the  fiilh  day  of  June,  one  thousand  seven  hundred  and  ninety-four,  inti- 
tuled, «  An  act  in  addition  to  the  act  for  the  punishment  of  certain 
crimes  against  the  United  States,"  and  which  by  the  tenth  section  there- 
of was  limited  to  continue  in  force  for  and  during  the  term  of  two  years 
from  passing  the  same,  and  from  thence  to  the  end  of  the  next  session 
of  Congress  thereafler,  and  no  longer;  and  which  said  act  was,  by  an 
act  passed  on  the  second  day  of  March,  one  thousand  seven  hundred 
and  ninety-seven,  intituled  «  An  act  to  continue  in  force  for  a  limited 
time,  the  act  in  addition  to  the  act  for  the  punishment  of  certain  crimes 
against  the  United  States,"  further  continued  in  force  for  two  years  from 
the  said  second  day  of  March,  one  thousand  seven  hundred  and  ninety- 
seven,  and  from  thence  to  the  end  of  the  next  session  of  Congress  there- 
after, shall  continue  and  be  in  force  without  limitation  of  time,  any  thing 
in  any  act  to  the  contrary  notwithstanding. 

Approved,  April  24,  1800. 


Statvtb  I. 


April  34, 1800. 
tpbaolete.] 


Vol.  i.  436. 


Chap.  XXXVL— yfn  Act  to  rapeal  the  act  laying  Duties  on  mills  and  implemtnis 
empli/yeain  the  manufaeture  rf  Snuffs 

Be  it  enacted  by  the  Senate  and  House  of  Represeniatives  of  the 
United  States  of  America  in  Congress  assembled,  That  so  much  of  the 
act,  intituled  "An  act  to  alter  and  amend  the  act,  intituled  'An  act  lay- 
ing certain  duties  upon  snuff  and  refined  sugar,'  "  passed  on  the  third 
day  of  March,  one  thousand  seven  hundred  and  ninety-five,  as  imposes 
a  duty  upon  mills  and  implements  employed  in  the  manufacture  of  snuff, 
or  allows  a  drawback  upon  the  exportation  of  snuff  manufactured  within 
the  United  States,  shall  be,  and  the  same  hereby  is  repealed. 

Approved,  April  24,  1800. 


SIXTH  CONGRESS.    Sb8».  I.  Ch.  37.     1800. 


65 


ClAP.  XXX  VII. — J9n  Auto  make  fitrtker  prooition  for  the  removal  and  aecommo* 
datum  of  the' Government  ofihe  United  Stales, 

Section  1.  Be  it  enacted  hy  the  Senate  and  House  of  Representatives 
ef  tke  United  States  of  America  in  Congress  assembled,  That  the  Pre- 
adent  of  the  United  Stated  shall  be,  and  hereby  is  authorized  and  em- 
powered, to  direct  the  various  offices  belonging  to  the  several  executive 
departments  of  the  United  States,  to  be  removed  to  the  city  of  Washing- 
ton, at  any  time  that  he  shall  judge  proper,  after  the  adjournment  of  the 
present  session  of  Congress,  and  before  the  time  heretofore  appointed  by 
iiw  for  sach  removal. 

Sec.  2.  And  be  it  further  enacted,  That  for  the  purpose  of  providing 
furnitare  for  the  house  erected  in  the  city  of  Washington,  for  the  accom- 
modation of  the  President  of  the  United  States,  a  sum  not  exceeding 
fifteen  thousand  dollars  be  expended,  under  the  direction  of  the  heads 
of  the  several  departments  of  state,  of  the  treasury,  of  war,  and  of  the 
nivy. 

Sec.  3.  And  be  it  further  enacted,  That  for  the  suitable  accommodft- 
tion  of  Congress  at  the  city  of  Washington,  the  secretaries  of  the  four 
executive  departments,  or  any  three  of  them,  shall  be,  and  hereby  are 
authorized  and  directed  to  cause  suitable  furniture  to  be  forthwith  pro- 
vided ibr  the  apartments,  which  are  to  be  occupied  in  the  capitol  at  the 
nid  city,  by  the  two  houses  respectively,  and  for  the  offices  and  commit- 
tee rooms  of  each ;  and  to  cause  the  said  apartments,  offices  and  commit- 
tee rooms  to  be  furnished  in  a  suitable  manner,  so  as  to  be  ready  for  the 
reception  of  Congress  on  the  day  fixed  by  law  for  the  removal  of  the  go- 
vernment to  the  said  city ;  and  that  for  defraying  the  expenses  incident 
to  the  furnishing  of  the  said  apartments,  offices,  and  committee  rooms, 
and  to  the  removal  of  the  books,  papers,  and  records  belonging  to  the 
said  offices  respectively,  there  shall  be,  and  hereby  is  appropriated  a  sum 
not  exceeding  nine  thousand  doUars. 

Sec.  4.  And  be  it  further  enacted.  That  for  the  greater  convenience 
of  the  members  of  both  houses  of  Congress  in  attending  their  duty  in 
the  said  city  of  Washington,  and  the  greater  facility  of  communication 
between  the  various  departments  and  offices  of  the  government,  there 
shall  be  made  foot-ways  in  the  said  city  in  suitable  places  and  directions ; 
and  that  the  said  foot-ways  shall  be  made  by  the  commissioners  of  the 
nid  city,  under  the  direction  of  the  secretaries  of  the  four  executive 
departments  of  the  United  States,  who,  or  any  three  of  whom,  shall  forth- 
with take  order  therefor,  and  in  such  manner,  at  such  places,  and  in 
such  directions  as  they  or  any  three  of  them  shall  judge  most  proper  for 
the  purposes  aforesaid,  and  shall  appoint ;  and  that  if  the  said  secretaries, 
or  any  three  of  them,  shall  find  on  examination,  that  there  is  not  in  the 
hands  of  the  said  commissioners  a  sum  sufficient  for  making  the  said 
ibot-ways,  over  and  above  what  may  have  been  destined  by  the  said  com- 
miaaoners,  or  may,  in  the  opinion  of  the  said  secretaries,  or  any  three 
of  them,  be  necessary  for  the  accomplishment  of  other  objects  neces- 
sary for  the  accommodation  of  the  government,  or  its  removal  as  afore- 
said, then  the  said  secretaries,  or  any  three  of  them,  shall  be,  and  hereby 
are  authorized  and  required  to  draw  out  of  the  treasury  of  the  United 
States,  and  apply  to  the  purpose  of  making  the  said  foot-ways,  any  sum 
which  may  be  necessary  therefor,  not  exceeding  ten  thousand  dollars: 
which  sum  is  hereby  appropriated  for  the  said  purpose.  And  all  the 
kits  in  the  city  of  Washington,  now  vested  in  the  said  commissioners, 
or  in  trustees  in  any  manner  for  the  use  of  the  United  States,  and  now 
remaining  unsold,  excepting  those  set  apart  for  public  purposes,  shall 
be,  and  are  hereby  declared  and  made  chargeable  with  the  repayment 
of  the  said  sum  of  ten  thousand  dollars,  which  shall  be  advanced  in 
pursuance  of  this  act,  and  the  interest  accruing  thereon. 


Statute  I. 
AprUS4,1800. 

[Obsolete.] 
President  majr 
direct   the    re- 
moval of  the  of. 
fices,  &c. 


Act  of  Jalv 
16,1790,ch.l». 

Providing  of 
(Vimiture  for  the 
President's 
honse. 


and  fbrthe  eapU 
tol. 


Footways  to 
be  made. 


66 


SIXTH  CONGRESS.    Sf.ss.  I.  Cii.  :18.     1800. 


Purchftfe  of 
booki  for  tho 
me  of  CongreM. 


PoitlM. 

Appropriatiou 
Imw  to  be  ptid. 


Statutb  I. 
April  8S,  1800. 


The  Pratident 
may  inae  let- 
ter! patent  re- 
leasing the  right 
of  the  United 
SUtea  to  the 
■oiloftbeWeat- 
era  Reaerre. 


Sec.  5.  And  be  it  Jurther  enacted,  Tliat  for  the  purchase  of  such 
books  as  may  be  necessary  for  the  use  of  Congress  at  the  said  city  of 
Washington^  and  for  fitting  up  a  suitable  apartment  for  containing  them 
and  for  placing  them  therein,  the  sum  of  five  thousand  dollars  shall  be,  and 
hereby  is  appropriated ;  and  that  the  said  purchase  shall  be  made  by  the 
Secretary  of  the  Senate  and  the  Clerk  of  the  House  of  Representatives, 
pursuant  to  such  directions  aff  shall  be  given,  and  such  catalogue  as  shall 
be  furnished  by  a  joint  committee  of  both  houses  of  Congress  to  be 
appointed  for  that  purpose ;  and  that  the  said  books  shall  be  placed  in 
one  suitable  apartment  in  the  capitol  in  the  said  city,  for  the  use  of  both 
houses  of  Congress  and  the  members  thereof,  according  to  such  regula- 
tions as  the  committee  aforesaid  shall  devise  and  establish. 

Sec.  6.  And  be  it  jwrther  enacted.  That  the  several  appropriations 
aforesaid  shall  be  paid  out  of  any  monies  in  the  treasury  of  the  United 
States  not  otherwise  appropriated. 

Approved,  AprU  24,  1800. 


Provided  Con- 
necticnt  ahall 
cede  to  the 
United  SUtea 
eerUin  western 
landa; 


Chap.  XXXVni.— .^n  Jict  to  authorize,  the  President  rf  the  United  Statee  to 
accept,  for  the  United  Statet,  a  eestion  of  juriedietion  tf  the  territory  west  of 
Penney  hfania,  commonly  called  the  fVeetern  Beeerve  tf  Connecticut, 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  President  of  the 
United  States  be,  and  he  hereby  is  authorized  to  execute  and  deliver 
letters  patent  in  the  name  and  behalf  of  the  United  States,  to  the 
governor  of  the  state  of  Connecticut  for  the  time  being,  for  the  use  and 
benefit  of  the  persons  holding  and  claiming  under  the  state  of  Connec- 
ticut, their  heirs  and  assigns  for  ever,  whereby  all  the  right,  title,  interest 
and  estate  of  the  United  States,  to  the  soil  of  that  tract  of  land  lying 
west  of  the  west  line  of  Pennsylvania,  as  claimed  by  the  state  of  Penn- 
sylvania, and  as  the  same  has  been  actually  settled,  ascertained  and  run 
in  conformity  to  an  agreement  between  the  said  state  of  Pennsylvania 
and  the  state  of  Virginia,  and  extending  flrom  said  line  westward  one 
hundred  and  twenty  statute  miles  in  length,  and  in  breadth  throughout 
the  said  limits  in  length  from  the  completion  of  the  forty-first  degree  of 
north  latitude,  until  it  comes  to  forty-two  degrees  and  two  minutes  north 
latitude,  including  all  that  territory  commonly  called  the  Western  Re- 
serve of  Connecticut,  and  which  was  excepted  by  said  state  of  Connec- 
ticut out  of  the  cession  by  the  said  state  heretofore  made  to  th^  United 
States,  and  accepted  by  a  resolution  of  Congress  of  the  fourteenth  of 
September,  one  thousand  seven  hundred  and  eighty-six,  shall  be  released 
and  conveyed  as  aforesaid  to  the  said  governor  of  Connecticut,  and  his 
successors  in  said  ofiice,  for  ever,  for  the  purpiose  of  quieting  the  grantees 
and  purchasers  under  said  state  of  Connecticut,  and  confirming  their 
titles  to  the  soil  of  the  said  tract  of  land. 

Provided  however.  That  such  letters  patent  shall  not  be  executed  and 
delivered,  unless  the  state  of  Connecticut  shall,  within  eight  months  from 
passing  this  act,  by  a  legislative  act,  renounce  for  ever,  for  the  use  and 
benefit  of  the  United  States,  and  of  the  several  individual  states  who  may 
be  therein  concerned  respectively,  and  of  all  those  deriving  claims  or 
titles  firom  them  or  any  of  them,  all  territorial  and  jurisdictional  claims 
whatever,  under  any  grant,  charter  or  charters  whatever,  to  the  soil  and 
jurisdiction  of  any  and  all  lands  whatever  lying  westward,  northwest- 
ward, and  southwestward  of  those  comities  in  the  state  of  Connecticut, 
which  are  bounded  westwardly  by  the  eastern  line  of  the  state  of  New 
York,  as  ascertained  by  agreement  between  Connecticut  and  New  York, 
in  the  year  one  thousand  seven  hundred  and  thirty-three,  excepting  only 
from  such  renunciation  the  claim  of  said  state  of  Connecticut,  and  of 
those  claiming  from  or  under  the  said  state,  to  the  soil  of  said  tract  of 


SIXTH  CONGRESS.    Sess.  I.  Ch.  39.     1800. 


67 


land  herein  described  under  the  name  of  the  Western  Reserve  of  Con- 
necticut. 

And  provided  abo,  that  the  said  state  of  Connecticut  shall,  within  the 
said  eight  months  from  and  after  passing  this  act,  bj  the  agent  or  agents 
of  paid  state  duly  authorized  by  the  legislature  thereof,  execute  and 
ddiver  to  the  acceptance  of  the  President  of  the  United  States,  a  deed 
expressly  releasing  to  the  United  States  the  jurisdictional  claim  of  the 
said  state  of  Connecticut,  to  the  said  tract  of  land  herein  described 
under  the  name  of  the  Western  Reserve  of  Connecticut,  and  shall 
deposit  an  exemplification  of  said  act  of  renunciation,  under  the  seal  of 
the  said  state  of  Connecticut,  together  with  said  deed  releasing  said 
jurisdiction,  in  the  office  of  the  department  of  state  of  the  United  States, 
which  deed  of  cession  when  so  deposited  shall  vest  the  jurisdiction  of 
said  territory  in  the  United  States :  Provided,  that  neither  this  act,  nor  any 
thing  contained  therein,  shall  be  construed  so  as  in  any  manner  to  draw 
into  question  the  conclusive  settlement  of  the  dispute  between  Pennsyl- 
vania and  Connecticut,  by  the  decree  of  the  federal  court  at  Trenton, 
nor  to  impair  the  right  of  Pennsylvania  or  any  other  state,  or  of  any 
person  or  persons  claiming  under  that  or  any  other  state,  in  any  existing 
dispute  concerning  the  right,  either  of  soil  or  of  jurisdiction,  with  the 
state  of  Connecticut,  or  with  any  person  or  persons  claiming  under  the 
stale  of  Connecticut :  And  provided  also,  that  nothing  herein  contained 
shall  be  construed  in  any  manner  to  pledge  the  United  States  for  the 
extinguishment  of  the  Indian  title  to  the  said  lands,  or  further  than 
merely  to  pass  the  title  of  the  United  States  thereto. 

Approved,  April  08,  1800. 


«nd  eiecnte  a 
deed  relin<^uif h- 
ing  her  jarudic- 
tional  claim  to 
the  Weitern 
Reserve. 


Saviiig  certain 
comtnictione. 


Statutb  I. 


Cnhr.XXXlX^^^^n  Ad  to  provide  for  rebuilding  the  lAghihouu  ai  New  Loth     April  S9, 1800. 

dim  i  fur  the  aumport  cfa  LighihouBs  at  Ciark't  Point ;  for  the  erection  and  eup-    

pari  ^a  IAgldhou»e  ai  Wigwam  Point,  and  for  other  purposea. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Representatives  Lighthouse  st 
of  the  United  ^aies  of  America  in  Congress  assembled,  That  under  the  New  London, 
direction  of  the  Secretary  of  the  Treasury,  there  shall  be  purchased  for 
the  use  of  the  United  States,  so  much  land  contiguous  to  their  territory, 
now  occupied  for  the  lighthouse  at  New  London,  as  shall  be  sufficient 
for  vaults  and  any  other  purpose,  necessary  for  the  better  support  of  the 
said  lighthouse :  Provided,  that  the  legislature  of  the  state  of  Connec- 
ticut shall  cede  to  the  United  States  the  jurisdiction  of  such  additional 
territory. 

Sec.  2.  And  be  it  further  enacted.  That  the  Secretary  of  the  Trea- 
sury shall  be,  and  he  is  hereby  authorized,  at  his  discretion,  to  procure 
a  new  lantern  with  suitable  distinctions,  and  to  cause  convenient  vaults 
to  be  erected,  and  the  said  lighthouse  at  New  London  to  be  rebuilt. 

Sec.  3.  And  be  it  further  enacted.  That  the  lighthouse  lately  erected 
at  Clark's  Point,  so  called,  at  the  entrance  of  Accushnet  river,  within  the 
town  of  New  Bedford,  in  the  state  of  Massachusetts,  shall  and  may  be 
supported  at  the  expense  of  the  United  States :  And  the  Secretary  of 
the  Treasury  shall  and  may  appoint  a  keeper  thereof,  and  take  further 
order  respecting  the  same  as  in  other  cases :  Provided,  that  the  property 
and  jurisdiction  of  the  said  lighthouse,  and  sufficient  territory  for  the 
accommodation  thereof,  shall  be  fully  ceded  and  legally  vested  in  the 
United  Sutes. 

Sec.  4.  And  be  it  further  enacted.  That  under  the  direction  of  the 
Secretary  of  the  Treasury,  there  shall  be  provided  and  maintained  at 
the  expense  of  the  United  States,  not  exceeding  six  buoys  to  be  placed 
within  Buzzard's  Bay,  upon  the  most  dangerous  ledges  there,  in  such 
manner  as  the  safety  of  navigation  in  that  bay  requires. 


Lighthouse  at 
Clark's  Point. 


Baoys  to  he 

B laced    within 
iuztard's  Baj. 


S8 


SIXTH  CONGRESS.     Sess.  I.  Ch.  40,  41.     1800. 


Land   to  b« 


It  gnnt 

iu.su 


Um  U.  SUtef . 


LighthooMto  Sec.  5.  And  be  it  further  enacted,  That  the  Secretary  of  the  Trea- 
Wi  ''^^'^L  ^*^^y  ^^^^  ^'  ^^^  ^^  ^^  hereby  aathorized  and  directed  to  cause  a  suffi- 
igwam  oin  ^.^^^  lighthouse  to  be  erected  on  Wigwam  Point,  so  called,  within  the 
town  of  Gloucester,  in  the  state  of  Massachusetts,  where  it  will  best 
serve  the  purpose  of  discovering  the  entrance  of  Anesquam  harbor, 
and  to  appoint  a  keeper,  and  otherwise  to  provide  for  the  support  of 
such  lighthouse  at  the  expense  of  the  United  States:  Provided,  that 
sufficient  land  for  the  accommodation  of  such  lighthouse,  together  with 
the  jurisdiction  thereof,  shall  be  duly  and  legally  granted  to  and  vested 
in  the  United  States. 

Appropriationi.  Sec.  6.  And  he  it  fitrther  enacted.  That  there  shall  be  and  hereby  are 
appropriated  for  providing  the  said  buoys,  a  sum  not  exceeding  three 
hundred  doUars,  and  for  the  erection  of  the  said  lighthouse  at  Wigwam 
Point,  a  sum  not  exceeding  two  thousand  dollars,  to  be  paid  out  of  any 
monies  which  may  be  in  the  treasury  of  the  United  States  not  other- 
wise appropriated. 

Approved,  April  29, 1800. 


Statute  I. 
May  8,  1800. 

[Eipired.] 
Act  of  April 
29,180S,ch.S6. 
Compeniation 
to  the    officer! 
of  the    Senate 
■ad  Hofue  of 
Repretenta- 
tivet. 
Vol.  I.  448. 


Seiyeant-at. 
anna  and  door- 
keepcn. 


Cbap.  XL. — ^n  Jict  9upplemeniary  to  the  Uiwz  now  in  foru^  fixing  Hie  Qtmpen- 
Batumi  of  the  (Jpctn  ef  the  Senate  and  Hotue  of  Repreaentativesm 

Section  1.  Be  it  enacted  hy  the  Senate  and  House  of  Representatives 
of  the  United  States  of  America  in  Congress  assembled.  That  from  and 
after  the  thirty-first  day  of  December,  one  thousand  seven  hundred  and 
ninety-nine,  the  officers  of  the  Senate  and  House  of  Representatives, 
herein  after  mentioned,  shall  be,  and  hereby  are  entitled  to  receive,  in 
addition  to  their  compensations  as  now  fixed  by  law,  the  following  sums, 
that  is  to  say :  The  Secretary  of  the  Senate,  and  Clerk  of  the  House  of 
Representatives,  two  hundred  and  fifty  dollars  each,  in  addition  to  their 
salaries  as  at  present  established  by  law ;  and  each  of  their  principal 
and  engrossing  clerks,  in  addition  to  their  per  diem  allowance  as  estab- 
lished by  law,  two  hundred  dollars  per  annum. 

Sec.  2.  And  be  it  further  enacted,  That  the  sergeant^at-arms  of  the 
Senate,  who  also  performs  the  duty  of  doorkeeper,  the  serfireantrat^arros 
of  the  House  of  Representatives,  and  the  doorkeeper  of  the  House  of 
Representatives,  shall  be  and  hereby  are  entitled  to  receive  five  hundred 
dollars  per  annum  each,  and  two  dollars  a  day  during  the  session ;  and 
the  assistant  doorkeepers  of  the  Senate  and  House  of  Representatives 
four  hundred  and  fifty  dollars  per  annum  each,  and  two  dollars  per  day 
during  the  session,  in  lieu  of  the  compensations  heretofore  established 
by  law,  which  compensations  shall  commence  from  the  commencement 
of  the  present  session. 

Sec.  3.  And  be  it  further  enacted.  That  this  act  shall  continue  in 
force  for  and  during  tne  term  of  two  years  and  no  longer. 

Approved,  May  2,  ISiOO. 


Statute  I. 

May  7, 1800. 

Act  of  Feb.  87. 
1800,  eh.  19. 

Bonndary  and 
name   of  the 
new  territory. 


Cbap.  XLI.— %/9n  act  to  divide  the  territory  of  the  United  States  northwest  tf  tkk  • 
Ohio^  into  two  8qfarateg09emmenii,(a) 

Section  1.  Beit  enacted  by  the  Senate  and  House  of  Representatives 
of  the  United  States  of  America  in  Congress  assembled,  That  from  and 
after  the  fourth  day  of  July  next,  all  that  part  of  the  territory  of  the 
United  States  northwest  of  the  Ohio  river,  which  lies  to  the  westward 
of  a  line  beginning  at  the  Ohio,  opposite  to  the  mouth  of  Kentucky 
river,  and  running  thence  to  Fort  Recovery,  and  thence  north  until  it 
shall  intersect  the  territorial  line  between  the  United  States  and  Canada, 


(a)   \ct  of  Mar  1»  1802,  chap.  44;  act  of  April  30,  1803,  chap.  40. 


SIXTH  CONGRESS.    Sess.  I.  Cu.  41.     1800. 


59 


diall,  for  the  purposes  of  temporary  government^  constitute  a  separate 
teiritoiy,  and  be  called  the  Indiana  Territory. 

Sec.  2.  And  be  ii  further  enacted^  That  there  shall  be  established 
within  the  said  territory  a  government  in  all  respects  similar  to  that  pro- 
vided by  the  ordinance  of  Congress,  passed  on  the  thirteenth  day  of 
Jdy  one  thousand  seven  hundred  and  eighty-seven,  for  the  government 
of  the  territory  of  the  United  States  northwest  of  the  river  Ohio ;  and 
the  inhabitants  thereof  shall  be  entitled  to,  and  enjoy  all  and  singular 
the  ri|^t8,  privileges  and  advantages  granted  and  secured  to  the  people 
by  the  said  ordinance. 

Sec  3.  And  be  it  further  enacted,  That  the  officers  for  the  said  terri- 
tory, who  by  virtue  of  this  act  shall  be  appointed  by  the  President  of 
the  United  States,  by  and  with  the  advice  and  consent  of  the  Senate, 
shall  respectively  exercise  the  same  powers,  perform  the  same  duties, 
and  receive  for  their  services  the  same  compensations  as  by  the  ordi- 
nance aforesaid  and  the  laws  of  the  United  States,  have  been  provided 
and  established  for  similar  officers  in  the  territory  of  the  United  States 
northwest  of  the  river  Ohio.  And  the  duties  and  emoluments  of  su- 
perintendent of  Indian  affiiirs  shall  be  united  with  those  of  governor : 
Prmrided,  that  the  President  of  the  United  States  shall  have  fuU  power, 
in  the  recess  of  Congress,  to  appoint  and  commission  all  officers  herein 
tnthorized ;  and  their  commissions  shall  continue  in  force  until  the  end 
of  the  ne3Et  session  of  Congress. 

Sac.  4.  And  be  it  further  enacted,  That  so  much  of  the  ordinance 
for  the  government  of  the  territory  of  the  United  States  northwest  of 
the  Ohio  river,  as  relates  to  the  organization  of  a  general  assembly 
therein,  and  prescribes  the  powers  thereof,  shall  be  in  force  and  operate 
in  the  Indiana  territory,  whenever  satisfactory  evidence  shall  be  given  to 
the  governor  thereof,  that  such  is  the  wish  of  a  majority  of  the  freehold- 
ers, notwithstanding  there  may  not  be  therein  five  thousand  free  male 
inhabitants  of  the  age  of  twenty-one  years  and  upwards :  Provided,  that 
until  there  shall  be  five  thousand  free  male  inhabitants  of  twenty-one 
jears  and  upwards  in  said  territory,  the  whole  number  of  representar 
tives  to  the  general  assembly  shall  not  be  less  than  seven,  nor  more 
than  nine,  to  be  apportioned  by  the  governor  to  the  several  counties  in 
the  said  territory,  agreeably  to  the  number  of  free  males  of  the  age  of 
twenty-one  years  and  upwards  which  they  may  respectively  contain. 

Sec.  5.  And  be  it  fwrther  enacted.  That  nothing  in  this  act  contained 
shall  be  construed  so  as  in  any  manner  to  affect  the  government  now  in 
force  in  the  territory  of  the  United  States  northwest  of  the  Ohio  river, 
fiirther  than  to  prohibit  the  exercise  thereof  within  the  Indiana  territory, 
from  and  after  the  aforesaid  fourth  day  of  July  next :  Provided,  that 
whenever  that  part  of  the  territory  of  the  United  States  which  lies  to  the 
eastward  of  a  line  beginning  at  the  mouth  of  the  Great  Miami  river,  and 
running  thence  due  north  to  the  territorial  line  between  the  United  States 
and  Canada,  shall  be  erected  into  an  independent  state,  and  admitted 
into  the  Union  on  an  equal  footing  with  the  original  states,  thenceforth 
said  line  shall  become  and  remain  permanently  the  boundary  line  between 
BQch  state  and  the  Indiana  territory ;  any  thing  in  this  act  contained  to 
the  contrary  notwithstanding. 

Sec.  6,  And  be  it  further  enacted.  That  until  it  shall  be  otherwise 
ordered  by  the  legislatures  of  the  said  territories  respectively,  Chilicothe, 
on  Scioto  river,  shall  be  the  seat  of  the  government  of  the  territory  of 
the  United  States  northwest  of  the  Ohio  river ;  and  that  Saint  Vin- 
cennes,  on  the  Wabash  river,  shall  be  the  seat  of  the  government  for 
the  Indiana  territory. 

Appboved,  May  7,  1800. 


Form  of  gov- 
ernment and 
pririlegeiofthe 
inhabitants. 


Vol.  1. 51. 


Powen,  datiee, 
and  compensa- 
tion of  the  ofB- 


Commissions 
majbeiasnedia 
the  recess. 


OrganisatioB 
of  a  general  as- 
aemblj. 


ConstmctioB 
of  this    act 
with  respect  to 
the  gOTomment 
of  the  new  ter- 
ritory. 

Eventual 
chanse    of  the 
boondarj. 


Seata  of  the 
two  govern- 
ments. 


60 


SIXTH  CONGRESS.    Sess.  1.  Cu.  42,  43.     1800. 


Statuts  I. 

May  7,  1800. 

[Obfolete.] 
Prendent  an. 
thorixed  to  bor- 
row $3,600,000. 

Vol.  i.  IM. 


Appropriation 
for  the  payment 
of  interest,  and 
eztingoithment 
of  the  principal. 


Appropriation 
of  ttMoroceedi 
of  the  loan. 


Chap.  XLII.— ^n  Act  to  enable  the  Pruident  of  tke  United  StaUe  to  borrow 
money  for  the  public  unices 

Section  1.  Beit  enacted  by  the  Senate  and  Home  of  Representatives 
of  the  United  States  of  America  in  Congress  assembled,  That  the  Pre- 
sident of  the  United  States  shall  be,  and  hereby  is  authorized  to  borrow 
on  behalf  of  the  United  States,  from  the  Bank  of  the  United  States,  which 
is  hereby  authorized  to  ]end  the  same,  or  from  any  other  body  or  bodies 
politic  or  corporate,  or  from  any  person  or  persons,  and  upon  such  terms 
and  conditions,  as  he  shall  judge  most  advantageous  for  the  United  States, 
a  sum  not  exceeding  three  millions  five  hundred  thousand  dollars,  in 
addition  to  the  monies  to  be  received  into  the  treasury  of  the  United 
States  from  taxes,  for  making  up  any  deficiency  in  any  appropriation 
heretofore  made  by  law,  or  to  be  made  during  the  present  session  of 
Congress,  and  defraying  the  expenses  which  may  be  incurred  by  calling 
into  actual  service  any  part  of  the  militia  of  the  United  States,  or  by 
raising,  equipping  and  calling  into  actual  service  any  regular  troops  or 
volunteers,  pursuant  to  authorities  vested,  or  to  be  vested  in  the  Presi- 
dent of  the  United  States  by  law :  Providedy  that  no  engagement  nor 
contract  shall  be  entered  into,  which  shall  preclude  the  United  States 
from  reimbursing  any  sum  or  sums  borrowed,  at  any  time  after  the  expi- 
ration of  fifteen  years  from  the  date  of  such  loan. 

Sec.  2.  And  be  it  further  enaeied,  That  so  much  as  may  be  neces- 
sary of  the  surplus  of  the  duties  on  imports  and  tonnage,  beyond  the  per- 
manent appropriations  heretofore  charged  upon  them  by  law,  shall  be 
and  hereby  is  pledged  and  appropriated  for  paying  the  interest  of  all 
such  monies  as  may  be  borrowed  pursuant  to  this  act,  according  to  the 
terms  and  conditions  on  which  the  loan  or  loans  respectively  may  be 
effected ;  and  also  for  paying  and  discharging  the  principal  sum  or  sums 
of  any  such  loan  or  loans,  according  to  the  terms  and  conditions  to  be 
fixed  as  aforesaid.  And  the  faith  of  the  United  States  shall  be,  and 
hereby  is  pledged  to  establish  sufiicient  permanent  revenues  for  making 
up  any  deficiency,  that  may  hereailer  appear  in  the  provisions  for  pay- 
ing the  said  interest  and  principal  sums,  or  any  of  them,  in  manner 
aforesaid. 

Sec.  3.  And  be  it  further  enacted,  That  the  sums,  to  be  borrowed 
pursuant  to  this  act,  shall  be  paid  into  the  treasury  of  the  United  States, 
and  there  separately  accounted  for;  and  that  the  same  shall  be,  and 
hereby  are  appropriated  in  the  manner  following : 

First,  to  make  up  any  deficiency  in  any  appropriation  heretofore  made 
by  law,  or  to  be  made  during  the  present  session  of  Congress:  and,  se- 
condly, to  defray  the  expenses  which  may  be  incurred  before  the  end  of 
the  next  session  of  Congress,  by  calling  into  actual  service  any  part  of 
the  militia  of  the  United  Sutes,  or  by  raising,  equipping  and  calling 
into  actual  service  any  regular  troops  or  volunteers,  pursuant  to  autho- 
rities vested  or  to  be  vest^  in  the  President  of  the  United  States  by  law. 

Approved,  May  7,  1800. 


Statute  I. 


May  7,  1800. 

[Obsolete.] 
The  Act  of 
July  8,   1797, 
ch.  16,  continu- 
ed for  ten  yean. 

Repealed 
March  8, 1807. 


Ch  4P.  XLIII. — Jn  Jet  to  continue  in  force  **Jin  aet  laying  an  additional  duty  on 
Salt  imported  into  the  United  Staiee,  and  for  other  purpo»e»y 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled,  That  an  act  passed  on 
the  eighth  day  of  July,  one  thousand  seven  hundred  and  ninety-seven, 
intituled  "An  act  laying  an  additional  duty  on  salt  imported  into  the 
United  States,  and  for  other  purposes,"  shall  be,  and  the  same  is  hereby 
continued  in  force  for  and  during  the  term  of  ten  years  firom  the  third 


SIXTH  CONGRESS.    Sess.  1.  Ch.  45,  46.     1800. 


61 


daj  of  March,  one  thousand  eight  hundred,  and  from  thence  to  the  end 
of  the  next  session  of  Congress  thereafter  and  no  longer. 
AFrmoTBJ>,  May  7, 1800. 


Cbap.  XLV.-^n  Jet  to  authorize  the  sale  and  eonvetfanee  if  landa^  in  certain 
»  by  the  Mankak  tf  the  United  Statee^  and  to  eoffhrm  former  eake. 


Sbction  1.  Be  it  enacted  by  the  Senate  and  House  of  Representatives 
ef  the  United  States  of  America  in  Congress  assembled,  That  where  the 
United  States  shall  have  obtained  judgment  in  civil  actions,  brought  in 
those  states  wherein  by  the  laws  and  practice  of  such  states  lands  or 
other  real  estate  belonging  to  the  debtor  are  delivered  to  the  creditor  in 
satisfaction  of  such  judgment,  and  shall  have  received  seisin  and  posses- 
sion of  lands  so  delivered,  it  shall  be  lawful  for  the  marshal  of  the  district 
wherein  sach  lands  or  other  real  estate  are  situated,  under  the  directions 
of  the  Secretary  of  the  Treasury,  to  expose  the  same  to  sale  at  public 
auction,  and  to  execute  a  grant  thereof  to  the  highest  bidder,  on  re-, 
ceiving  payment  of  the  full  purchase  money ;  which  grant,  so  made,  shall 
vest  in  sach  purchaser  all  the  right,  estate,  and  interest  of  the  United 
States  in  and  to  such  lands,  or  other  real  estate. 

Sbc.  2.  And  be  it  further  enacted,  That  the  sales  heretofore  made  by 
collectors  of  certain  districts  of  the  United  States,  of  lands  or  other  red 
estate  delivered  as  aforesaid  to  the  United  States,  shall  be,  and  they  are 
hereby  confirmed:  Provided,  that  this  confirmation  shall  not  extend  to 
any  sale,  nnless  the  condition  of  such  sale  has  been  complied  with  by 
the  purchaser. 

Sec.  3.  And  be  it  further  enacted,  That  whenever  a  marshal  shall  sell 
any  lands,  tenements,  or  hereditaments,  by  virtue  of  process  from  a  court 
of  the  United  States,  and  shall  die,  or  be  removed  from  ofiice,  or  the 
terra  of  his  commission  expire,  before  a  deed  shall  be  executed  for  the 
same  by  him  to  the  purchaser;  in  every  such  case  the  purchaser  or 
plaintiflT,  at  whose  suit  the  sale  was  made,  may  apply  to  the  court  from 
which  the  process  issued,  and  set  forth  the  case,  assigning  the  reason 
why  the  title  was  not  perfected  by  the  marshal  who  sold  the  same;  and 
thereupon  the  court  may  order  the  marshal  for  the  time  being  to  perfect 
the  title,  and  execute  a  deed  to  the  purchaser,  he  paying  the  purchase 
mooej  and  costs  remaining  unpaid;  and  where  a  marshal  shall  take  in 
execution  any  lands,  tenements,  or  hereditaments,  and  shall  die,  or  be 
removed  from  office,  or  the  term  of  his  commission  expire  before  sale, 
or  other  final  disposition  made  of  the  same;  in  every  such  case,  the  like 
process  shall  issue  to  the  succeeding  marshal,  and  the  same  proceedings 
shall  be  had,  as  if  such  former  marshal  had  not  died  or  been  removed, 
or  the  term  of  his  commission  had  not  expired :  and  the  provisions  in  this 
section  contained  shall  be,  and  they  are  hereby  extended  to  all  the  cases 
respectively  which  may  have  happened  before  the  passing  of  this  act. 

Approved,  May  7, 1800. 


SriLTUTB  I. 
May  7,  1800. 


Manhali  may 
■ell  the  intereft 
inland!  deliver- 
ed to  the  Uni. 
ted  SUtet  in 
■atit&ction  of 
jadgments,  in 


where  landa  are 
■o  delivered. 


Such  nJef  by 
the  collecton, 
in  former  caaes^ 
confirmed. 

Proviso. 


Pmceedinn  to 
conclude  Uke 
Bale  of  lands  in 
caae  of  the  va- 
cancy of  the  of- 
fice of  marahal. 


Sncceaiors  of 
marahala   may 
complete  aalet. 


Chap.  XLVI.— wtfn  Jet  for  the  regulation  of  public  JrunaU  and  Magazine*. 

Sscnoiff  1.  Be  it  enacted  by  the  Senate  and  House  of  Representatives 
of  the  United  States  of  America  in  Congress  assembled.  That  the  several 
officers  who  now  are,  or  hereafter  may  be  employed  in  the  armories  of 
the  United  States,  shall  be  entitled  to,  and  shall  receive  the  following 
compensations,  in  addition  to  their  pay  as  established  by  law,  to  wit :  A 
superintendent  of  such  armory  three  rations  per  day,  or  an  equivalent 
in  money ;  and  a  master  armorer  two  rations  per  day,  or  an  equivalent 
in  money. 

Sbc.  2.  And  be  it  further  enaeted,Thzi  if  any  person  shall  procure,  or 

F 


Statots  I. 
May  7, 1800. 

Rations  to  the 
soperintendenta 
and  master  ar« 
morers. 


Vol.  i.  368. 


G8 


SIXTH  CONGRESS.    Sess.  I.  Ch.  47.     1800. 


Pmalty  on  ra* 
tieiiig  awajy 
emplojiog,  fcc 
workmen  wider 
•ngif  emeotf  to 
the  public 


Penalty  on 
workmen  being 
gQiltyofeertnin 
mijcondoct* 


Exemption 
firom    milittrj 
■ervice,andMr- 
▼iee  M  jarort. 


STiLTUTS  I. 


entice  any  artificer  or  workman,  retained  or  employed  in  any  arsenal  or 
armory  of  the  United  States,  to  depart  from  the  same  during  the  con- 
tinuance of  his  engagement,  or  aroid  or  break  his  contract  with  the 
United  States,  or  who  after  due  notice  of  the  engagement  of  any  such 
workman  or  armorer,  in  any  arsenal  or  armory,  shaU  during  the  continu- 
ance of  such  engagement,  retain,  hire,  or  in  any  wise  employ,  harbor, 
or  conceal  such  artificer  or  workman,  the  person  so  ofiending  shaU,  upon 
conviction,  be  fined  at  the  discretion  of  the  court  not  exceeding  fifty 
dollars,  or  be  imprisoned  for  any  term  not  exceeding  three  months. 

Sec.  3.  And  be  it  farther  enacted,  That  if  any  artificer  or  workman 
hired,  retained,  or  employed  in  any  public  arsenal  or  armory,  shall,  wan- 
tonly and  carelessly,  break,  impair,  or  destroy  any  implements,  tools,  or 
utensils,  or  any  stock,  or  materials  for  making  guns,  the  property  of  the 
United  States ;  or  shall  wilfully  and  obstinately  refuse  to  perform  the 
services  lawfully  assigned  to  him,  pursuant  to  his  contract,  every  such 
person  shall  forfeit  a  sum  not  exceeding  twenty  dollars  for  every  such  act 
of  disobedience  or  breach  of  contract,  to  be  recovered  in  any  court 
having  competent  jurisdiction  thereof. 

Sec.  4.  And  he  it  farther  enacted,  That  all  artificers  and  workmen, 
who  are  or  shall  be  employed  in  the  said  armories,  shall  be,  and  they 
are  hereby  exempted,  during  their  time  of  service,  from  all  military  ser- 
vice, and  service  as  jurors  in  any  court 

Approved,  May  7, 1800. 


May  7,  1800.     Chap. 


XLVII. — An  Act  making 
for  the  year  one 


^or  (hetupport  of  Oovemment 
eight  hundred* 


[Obaolete.] 
Specific  ap- 
propriations. 


Section  1.  Be  it  enacted  hy  the  Senate  and  House  of  Representatives 
of  the  United  States  of  America  in  Congress  assembled,  That  for  the 
expenditure  of  the  civil  list,  including  the  contingent  expenses  of  the 
several  departments  and  officers ;  for  the  compensation  of  clerks  in  the 
several  loan  offices,  and  for  books  and  stationery  for  the  same ;  for  the 
payment  of  annuities  and  grants;  for  the  support  of  the  mint  establish- 
ment ;  for  the  expenses  of  intercourse  with  foreign  nations ;  for  the  sup- 
port of  lighthouses,  beacons,  buoys,  and  public  piers,  and  for  satisfying 
certain  miscellaneous  claims  and  expenses ;  the  following  sums  be,  and 
are  hereby  appropriated,  that  is  to  say : 

For  the  compensation  granted  by  law  to  the  President  and  Vice  Pre- 
sident of  the  United  States,  thirty  thousand  dollars. 

For  the  like  compensations  granted  to  the  members  of  the  Senate 
and  House  of  Representatives,  their  officers  and  attendants,  estimated 
for  a  session  of  six  months  continuance,  one  hundred  and  ninety  thou- 
sand one  hundred  and  seventy-five  dollars. 

For  the  expense  of  firewood,  stationery,  printing,  and  all  other  con- 
tingent expenses  of  the  two  Houses  of  Congress,  including  the  sum 
stipulated  to  be  paid  in  pursuance  of  a  resolution  of  March  second,  one 
thousand  seven  hundred  and  ninety-nine,  for  supplying  both  Houses 
with  the  journals  of  Congress,  twenty-one  thousand  six  hundred  and 
sixty-four  dollars  and  forty  cents. 

For  the  compensations  granted  by  law  to  the  chief  justice,  associate 
judges,  district  judges,  and  attorney-general,  forty-five  thousand  five 
hundred  dollars. 

For  the  compensations  granted  by  law  to  the  district  attomies,  and 
for  defraying  the  expense  of  clerks  of  courts,  jurors  and  witnesses,  in 
aid  of  the  fund  arising  from  fines,  forfeitures,  and  penalties ;  and  like- 
wise for  defraying  the  expenses  of  prosecution  for  offences  against  the 
United  States,  and  for  safe  keeping  of  prisoners,  thirty-three  thousand 
four  hunted  dollars. 


SIXTH  CONGRESS.    Sess.  I.  Ch.  47.     1800.  68 

For  compensation  to  the  Secretary  of  the  Treasury,  clerks  and  per-       Sptdfie  ap. 
sons  employed  in  his  office,  eleven  thousand  one  hundred  and  eighty-  propriationi. 
nine  dollars  and  eighty-one  cents. 

For  expenses  of  stationery,  printing,  translating  of  foreign  languages, 
aDowance  to  persons  employed  in  receiving  and  transmitting  passports 
and  sea-letters  in  the  office  of  the  Secretary  of  the  Treasury,  eight 
hundred  doHars. 

For  compensation  to  the  Comptroller  of  the  Treasury,  clerks  and 
persons  employed  in  his  office,  twelve  thousand  nine  hundred  and  seven- 
teen dollars  and  eight  cents. 

For  expense  of  stationery,  printing,  and  all  other  contingent  expenses 
in  the  Comptroller's  office,  eight  hundred  dollars. 

For  compensation  to  the  Auditor  of  the  Treasury,  clerks  and  persons 
employed  in  his  office,  twelve  thousand  one  hundred  and  sixty  dollars 
and  ninety-three  cents. 

For  expense  of  stationery,  printing,  and  all  other  contingent  expenses 
in  the  c^ce  of  the  Auditor,  seven  hundred  and  fifly  dollars. 

For  compensation  to  the  Treasurer,  clerks  and  persons  employed  in 
bis  office,  five  thousand  nine  hundred  and  seventeen  dollars  and  forty- 
five  cents. 

For  expenses  of  firewood,  stationery,  printing,  rent,  and  all  other 
ocmtingencies  in  the  Treasurer's  office,  six  hundred  dollars. 

For  compensation  to  the  Commissioner  of  the  Revenue,  clerks  and 
persons  employed  in  his  office,  six  thousand  one  hundred  and  ninety- 
three  dollars  and  six  cents. 

For  expense  of  stationery,  printing,  and  all  other  contingent  expenses 
in  the  office  of  the  Commissioner  of  the  Revenue,  four  hundred  dollars. 

For  compensation  to  the  Register  of  the  Treasury,  clerks  and  persons 
employed  in  his  office,  sixteen  thousand  three  hundred  and  forty-two 
doOars  and  one  cent 

For  expense  of  stationery,  printing,  and  all  other  contingent  expenses 
in  the  Register's  office,  (including  books  for  the  public  stocks  and  for 
the  arrangement  of  the  marine  papers,)  two  thousand  eight  hundred 
dollars. 

For  compensation  to  the  Purveyor  of  public  supplies,  clerks  and  per- 
sons employed  in  his  office,  two  thousand  eight  hundred  and  fifty  dollars. 

For  firewood,  stationery,  office  and  store  rent  for  the  Purveyor,  nine 
hundred  and  sixteen  dollars. 

For  compensation  to  the  Secretary  of  the  Commissioners  of  the 
Sinking  Fund,  two  hundred  and  fifty  dollars. 

For  the  payment  of  rent  for  the  several  houses  employed  in  the 
Treasury  department,  (except  the  Treasurer's  office)  two  thousand 
seven  hundred  and  thirty  dollars  and  sixty-six  cents. 

For  the  expense  of  firewood  and  candles  in  the  several  offices  of  the 
Treasury  department,  (except  the  Treasurer's  office)  three  thousand  five 
hundred  dollars. 

For  defraying  the  expense  incident  to  the  stating  and  printing  the 
pablic  accounts  for  the  year  one  thousand  eight  hundred,  (including  an 
increase  of  two  hundred  dollars  in  consequence  of  an  extension  of  the 
revenue  and  expenditures)  one  thousand  two  hundred  dollars. 

For  defraying  the  expense  incident  to  the  removal  of  the  books  and 
records  of  the  Treasury  department  from  Philadelphia  to  Trenton, 
daring  part  of  the  summer  of  the  year  one  thousand  seven  hundred  and 
ninety-nine,  including  the  extra  expenses  of  the  several  officers,  clerks 
and  messengers  in  each  office,  five  thousand  dollars. 

For  compensation  to  the  several  loan  officers,  thirteen  thousand  two 
hundred  and  fifty  dollars. 

For  the  expense  incident  to  the  removal  of  the  loan  office  of  Penn- 
tylvania  from  Philadelphia,  during  part  of  the  summer  of  the  year  one 


64  SIXTH  CONGRESS.    Sess.  I.  Cu.  47.     1800. 

SpeeUle  ap-  thousand  seven  hundred  and  ninety-nine,  including  the  extra  expenses 
ptopriationf.        ^f  ^^  clerks,  in  the  said  office,  three  hundred  and  six  dollars. 

For  compensation  to  the  clerks  to  the  Commissioners  of  Loans,  and 
an  allowance  to  certain  loan  officers  in  lieu  of  clerk  hire,  and  to  de- 
fray the  authorized  expenses  of  the  several  loan  offices,  fifteen  thou- 
sand dollars. 

For  compensation  to  the  Secretary  of  State,  clerks  and  persons  em- 
ployed in  that  department,  eleven  thousand  three  hundred  dollars. 

For  the  incidental  and  contingent  expenses  in  the  said  department, 
thirteen  thousand  dollars. 

For  the  expenses  incident  to  the  removal  of  the  Department  of  State 
from  Philadelphia  to  Trenton,  during  part  of  the  summer  of  the  year 
one  thousand  seven  hundred  and  ninety-nine,  including  the  extra  ex- 
penses of  the  Secretary  for  the  department,  the  clerks  and  messengers 
therein,  five  hundred  and  eight  dollars  and  sixty  cents. 

For  compensation  to  the  following  officers  of  the  Mint : 

The  director,  two  thousand  dollars. 

The  treasurer,  one  thousand  two  hundred  dollars. 

The  assayer,  one  thousand  five  hundred  dollars. 

The  chief  coiner,  one  thousand  five  hundred  dollars. 

The  melter  and  refiner,  one  thousand  five  hundred  dollars. 

The  engraver,  one  thousand  two  hundred  dollars. 

One  clerk  at  seven  hundred  dollars,  and  two  at  five  hundred  dollars 
each,  one  thousand  seven  hundred  dollars. 

For  the  wages  of  persons  employed  at  the  different  branches  of 
melting,  refining,  coining,  carpenters,  millwrights,  and  smiths'  work, 
includmg  the  sum  of  eight  hundred  dollars  per  annum  allowed  to  an 
assistant  coiner  and  die  forger,  who  also  oversees  the  execution  of  the 
iron  work,  seven  thousand  dollars. 

For  the  purchase  of  ironmongery,  lead,  wood,  coals,  stationery,  office 
furniture,  and  for  all  other  contingencies  of  the  establishment  of  the 
mint,  six  thousand  three  hundred  dollars. 

For  compensation  to  the  Secretary  at  War,  clerks  and  persons  em- 
ployed ill  his  office,  eleven  thousand  one  hundred  and  ninety  dollars. 

For  expenses  of  firewood,  stationery,  printing,  rent,  and  other  contin- 
gent expenses  in  the  office  of  the  Secretary  at  War,  two  thousand  dollars. 

For  compensation  to  the  accountant  of  the  War  department,  clerks 
and  persons  employed  in  his  office,  ten  thousand  eight  hundred  and  fifly 
dollars. 

For  contingent  expenses  in  the  office  of  the  accountant  of  the  War 
department,  one  thousand  dollars. 

For  the  expense  incident  to  the  removal  of  the  War  department  from 
Philadelphia  to  Trenton,  during  part  of  the  summer  of  the  year  one 
thousand  seven  hundred  and  ninety-nine,  including  the  extra  expenses 
of  the  Secretary  for  the  department,  the  accountant,  the  Paymaster-Gene- 
ral, the  Quartermaster-General,  the  keeper  of  military  stores,  clerks  and 
messengers  in  each  office,  four  thousand  four  hundred  and  twenty-six 
dollars  and  fifty-six  cents. 

For  compensation  to  the  Secretary  of  the  Navy,  clerks  and  persons 
employed  in  his  office,  including  deficiencies  in  former  appropriations 
for  clerk  hire,  nine  thousand  one  hundred  and  fifly-two  dollars  and 
twenty-five  cents. 

For  the  expense  of  firewood,  stationery,  printing,  rent,  and  other  con- 
tingencies in  the  office  of  the  Secretary  of  the  Navy,  three  thousand  three 
hundred  dollars. 

For  compensation  to  the  accountant  of  the  Navy,  clerks  and  persons 
employed  in  his  office,  nine  thousand  two  hundred  and  fifty  dollars. 

For  contingent  expenses  in  the  office  of  the  accountant  of  the  Navy, 
seven  hundred  and  filly  dollars. 


SIXTH  CONGRESS.    Skm.  I.  Ch.  47.    1800.  65 

For  expense  of  removing  the  department  of  the  Navy  from  Philadel-       Sptdlle  ap. 
phia  to  Trenton,  during  part  of  the  summer  of  the  year  one  thousand  propriitioni. 
teren  hundred  and  ninety-nine,  including  the  extra  expenses  of  the  Sec- 
retary for  the  department,  the  accountant,  clerks  and  messengers  in 
each  office,  one  thousand  two  hundred  and  fifty-four  dollars  and  fifty- 
nine  cents. 

For  compensation  to  the  Surveyor-General,  two  thousand  dollars. 

For  compensation  to  the  assistant  surveyors,  chain  carriers,  axe  men 
and  other  persons  employed,  stationery  and  other  contingent  expenses 
in  the  Surveyor-General's  department,  (in  addition  to  former  appropria- 
tioDs)  two  thousand  dollars. 

For  compensation  to  the  governor,  judges,  and  secretary  of  the  terri- 
toiy  northwest  of  the  river  Ohio,  five  thousand  one  hundred  and  fifty 
doltara. 

For  expenses  of  stationery,  printing  patents  for  land,  ofiice  rent,  and 
other  contingent  eiqpenses  in  the  said  territory,  three  hundred  and  fifty 
dollars. 

For  compensation  to  the  governor,  judges,  and  secretary  of  the  Mis- 
sissippi territory,  five  thousand  one  hundred  and  fifty  dollars. 

For  expenses  of  stationery,  office  rent,  and  other  contingent  expenses 
in  the  said  territory,  three  hundred  and  fifty  dollars. 

For  compensation  to  the  Postmaster-General,  Assistant  Postmaster- 
General,  clerks,  and  persons  employed  in  the  Postmaster-General's  office, 
nine  thousand  three  hundred  dollars. 

For  expense  of  firewood,  staUonery,  printing,  rent,  and  other  contin- 
gent expenses  in  the  office  of  the  Postmaster-General,  and  for  the  expense 
incident  to  the  removal  of  the  general  postroffice  from  Philadelphia  to 
Trenton  during  part  of  the  summer  of  the  year  one  thousand  seven  hun- 
dred and  ninety-nine,  including  the  extra  expenses  of  the  Postmaster- 
General,  his  assistant,  and  clerks ;  with  expenses  incurred  by  the  post- 
master at  Philadelphia,  by  a  removal  of  his  office  to  a  more  healthy  part 
of  the  city,  and  of  his  increased  expenses  in  attending  to  the  duties  of 
his  office  in  the  years  one  thousand  seven  hundred  and  ninety-three, 
one  thousand  seven  hundred  and  ninety-seven,  one  thousand  seven  hun- 
dred and  ninety-eight,  and  one  thousand  seven  hundred  and  ninety-nine, 
four  thousand  and  eighty-one  doUars  and  forty-nine  cents. 

For  the  discharge  of  such  miscellaneous  demands  against  the  United 
States  on  account  of  the  civil  department,  not  otherwise  provided  for,  as 
shall  have  been  admitted  in  a  due  course  of  settlement  at  the  treasury, 
and  which  are  of  a  nature  according  to  the  usage  thereof  to  require  pay- 
ment in  ^>ecie,  two  thousand  doUars. 

For  the  payment  of  sundry  pensions  granted  by  the  late  government, 
nine  hundred  fifty-three  dollars  and  thirty-three  cents. 

For  the  maintenance  and  support  of  lighthouses,  beacons,  buoys,  and 
pnblic  piers,  and  stakeage  of  channels,  bars,  and  shoals,  and  for  occa- 
siooal  improvement  in  the  construction  of  lanterns  and  lamps,  and  ma- 
terials used  therein,  and  to  make  good  deficiencies  in  former  appropria- 
tions occasioned  by  the  increased  number  of  lighthouses,  thirty-nine 
thousand  three  hundred  and  ninety-two  dollars  and  three  cents. 

For  rq>airing  Charleston  lighthouse,  five  thousand  nine  hundred  and 
fifty  dollars. 

For  erecting  a  lighthouse  on  Old  Point  Comfort  (in  addition  to  former 
qipropriations^  one  thousand  five  hundred  dollars. 

For  rebuilding,  altering,  and  improving  the  lighthouse  at  New  Lon- 
don, fifteen  thousand  seven  hundred  dollars. 

For  the  payment  of  contracts  entered  into  for  building  of  a  lighthouse 
on  Cape  Hatteras,  and  a  beacon  on  Shell  Castle  island,  (the  balance  of 
iormer  i4>propriations  being  carried  to  the  credit  of  the  surplus  fund) 
thir^'-five  thousand  six  hundred  and  ninetv-eight  dollars. 

You  n.— 9  F  2 


CG 


SIXTH  CONGRESS.    Sess.  I.  Cii.  48.    1800. 


Specific    ap 
propriationfl. 


Vol.  1.663. 


Vol.  i.  623. 


For  the  payment  of  balances  which  may  be  foand  due  to  individuals, 
in  consequence  of  settlements  at  the  treasury,  pursuant  to  the  act  of 
Congress  passed  on  the  twelfth  day  of  June,  one  thousand  seven  hundred 
and  ninety-eight,  intituled  <'An  act  respecting  loan-office  and  final  set- 
tlement certificates,"  d&c.  twenty-five  thousand  dollars. 

For  defi-aying  the  expenses  of  printing,  with  devices,  the  subscription 
certificates,  and  issuing  the  same  to  the  subscribers  to  the  loan  of  five 
millions  of  dollars,  cost  of  paper;  also,  the  incidental  expenses  of. said 
loan  in  its  operation  at  the  Bank  of  the  United  States ;  and  likewise  for 
printing  certificates  of  the  eight  per  cent,  stock  for  the  treasury,  and  the 
several  loan  offices,  including  the  cost  of  paper,  and  other  incidental 
expenses  of  funding  this  stock,  five  thousand  dollars. 

For  the  discharge  of  such  misceUaneous  demands  against  the  United 
States,  not  otherwise  provided  for,  as  shall  have  been  admitted  in  a  due 
course  of  settlement  at  the  treasury,  and  which  are  of  a  nature  accord- 
ing to  the  usage  thereof,  to  require  payment  in  specie,  four  thousand 
ddlars. 

For  the  expenses  of  intercourse  with  foreign  nations  during  the  pre- 
sent year,  in  addition  to  the  sum  of  forty  thousand  dollars  appropriated 
by  law  for  that  purpose,  the  sum  of  fifty-two  thousand  dollars. 

For  further  expenses  in  carrying  into  effect  the  sixth  article  of  the 
treaty  of  amity,  commerce  and  navigation  between  the  United  States 
and  Great  Britain,  including  the  expenses  authorized  by  the  act  inti- 
tuled, "  An  act  directing  the  appointment  of  agents  in  relation  to  the 
sixth  article  of  the  treaty  of  amity,  commerce  and  navigation  between 
the  United  States  and  Great  Britain,"  fifty-two  thousand  five  hundred 
and  fifty-six  dollars. 

For  the  salaries  of  the  commissioners  under  the  seventh  article  of  the 
said  treaty,  including  the  contingent  expenses,  sixteen  thousand  four 
hundred  and  forty-four  dollars. 

For  the  salaries,  clerk  hire,  office  rent,  and  other  contingencies  of 
the  two  agents  residing  in  England  on  business  relative  to  the  said 
seventh  article,  nine  thousand  dollars. 

For  further  expenses  in  carrying  into  effect  the  treaty  of  amity,  navi- 
gation, and  limits,  between  the  United  States  and  Spain,  twenty  thou- 
sand dollars. 

For  the  difference  between  the  cost  of  the  stipulated  articles  in  the 
annuity  to  the  1>ey  and  Regency  of  Algiers,  and  the  permanent  appro- 
priation therefor,  fifty-six  thousand  doUars. 

For  defraying  the  expenses  incident  to  the  valuation  of  lands  and 
houses,  and  enumeration  of  slaves,  within  the  United  States,  as  directed 
by  the  act  of  July  the  ninth,  one  thousand  seven  hundred  and  ninety- 
eight,  in  addition  to  the  sum  appropriated  by  that  act,  two  hundred  and 
fifteen  thousand  dollars. 
How  theae  ap.  Sec.  2.  And  be  it  Jwrther  enacted,  That  the  several  appropriations 
herein  before  made  shall  be  paid  and  discharged  out  of  the  fund  of  six 
hundred  thousand  dollars  reserved  by  the  act  "  making  provision  for  the 
debt  of  the  United  States,"  and  out  of  any  money  which  may  be  in  the 
treasury  not  otherwise  appropriated. 

Approved,  May  7, 1800. 


propriationa 
ahall  be  paid. 

Vol.  i.  138. 


Stattttb  I. 


May  10,  1800. 
[OlMolete.] 


propriatiooa. 


Chap.  XLVIII.-— ^n  Jet  making  appropriaiumM  for  the  Militarv  EeUEbUthmeni 
cfthe  United  Staiee,  in  the  year  one  thouiand  eight  hundred. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Representatives 
of  the  United  States  of  America  in  Congress  assembled,  That  for  defray- 
ing the  expenses  of  the  military  establishment  of  the  United  States,  for 
the  year  one  thousand  eight  hundred,  the  pay  and  subsistence  of  the 


SIXTH  CONGRESS.    Ssss.  I.  Cu.  48.     1800.  07 

dffieen  and  men,  bounties  and  premiums,  the  clothing,  hospital,  ord-  Spaciilo  «p- 
aance,  quartennaster'B  and  Indian  departments,  the  defensive  protection  P^P^^tioni. 
of  the  frontiers,  the  contingent  expenses  of  the  war  department,  for  the 
frbricatioo  of  cannon  and  arms,  and  purchase  of  ammunition,  and  for 
the  payment  of  military  pensions,  the  sum  of  three  millions,  forty-two 
thousand  five  hundred  and  seventy-six  dollars  and  thirty-five  cents  be, 
■nd  is  hereby  appropriated,  that  is  to  say : 

For  the  pay  of  the  army  of  the  United  States,  one  million  eighteen 
thousand  nx  hundred  and  twenty  doUars. 

For  the  subsistence  of  the  army,  seven  hundred  and  eighty-seven 
thousand  seven  hundred  and  eighty-six  dollars  and  thirty-five  cents. 

For  forage,  the  sum  of  thirty-six  thousand  six  hundred  and  seventy- 
two  dollars. 

For  horses  to  replace  those  which  may  die,  or  become  unfit  for  ser- 
vice, the  sum  of  five  thousand  dollars. 

For  clothing,  the  sum  of  two  hundred  and  fifty-seven  thousand  nine 
hundred  and  £fty-five  dollars. 

For  bounties  and  premiums,  the  sum  of  fourteen  thousand  dollars. 

For  the  hospital  department,  the  sum  of  fifty-one  thousand  dollars. 

For  the  ordnance  department,  the  sum  of  one  hundred  and  thirteen 
thousand  &ye  hundred  and  twenty-two  doUars. 

For  the  quartermaster's  department,  the  sum  of  five  hundred  and 
twenty-eight  thousand  and  sixty-five  dollars. 

For  paying  annuities  to  the  following  nations  of  Indians,  in  pursuh 
ance  of  treaties:  To  the  Six  Nations,  Cherokees,  Chickasaws  and  Creeks, 
the  sum  of  fifteen  thousand  dollars. 

For  promoting  civilization  among  the  Indian  tribes,  and  pay  of  tem- 
porary agents,  the  sum  of  fifteen  thousand  doUars. 

For  expense  attending  the  running  of  the  line  of  demarkation  be- 
tween the  Indian  territory  of  the  United  States,  including  the  pay  of 
commissioners,  surveyors  and  assistants,  the  sum  of  four  thousand 
dollars. 

For  the  defensive  protection  of  the  frontiers  of  the  United  States, 
including  the  erection  and  repairs  of  forts  and  fortifications,  the  sum  of 
sixty  thousand  dollars. 

For  loss  of  stores,  allowances  to  officers  on  being  ordered  to  distant 
commands,  and  for  q>ecial  purposes;  advertising  and  apprehending  de- 
ierters,  printing,  purchasing  maps,  and  other  contingencies,  the  sum  of 
forty  thousand  dollars. 

For  the  annual  allowance  to  the  invalids  of  the  United  States,  for 
their  pensions  from  the  fifth  of  March  one  thousand  eight  hundred,  to 
the  fourth  of  March  one  thousand  eight  hundred  and  one,  the  sum  of 
ninety-three  thousand  dollars. 

Sec.  %  And  be  it  further  enacted^  That  for  the  fabrication  of  can- 
non and  arms,  and  the  purchase  of  ammunition  for  the  army  and  navy, 
and  for  the  militia  of  the  United  States,  in  addition  to  the  sums  unex-  1793^  ^.  38. 
pended  of  the  appropriations  made  by  the  acts  of  Congress  of  the 
ibnrth  of  May  and  first  of  July  seventeen  hundred  and  ninety-eight,  ^'^9  ch.  66. 
the  sum  of  two  hundred  and  sixty  thousand  doUars  shaU  be,  and  hereby 
is  appropriated. 

81c.  3.  And  he  it  further  enacted^  That  the  foregoing  appropria-        ^^ISLt:*''^^ 
tions  shall  be  paid  out  of  any  monies  in  the  treasury  of  the  United  SCujSoMid.' 
States  not  otherwise  appropriated. 

ArrsoTBD,  May  10,  1800. 


« 


SIXTH  CONGRESS.    Sess.  I.  Cb.  49.    1800. 


Statutb  !• 
May  10,  1800. 

Act  of  March 
S,  1799,  eh.  38. 
DiatrietofKen- 
nebonk. 


Certain  Tea- 
■ela  may  unlade 
at  Edgecomb 
and  Newcastle. 


Lyme  annex- 
ed to  New  Lon- 
don. 


Alteration  of 
the  diitriet  of 
Bermuda  Hun- 
dred and  City 
Point 


New  diatrict 


March  3, 1799, 
ch.3S,iec.  11. 

Maaifeaii  to 
be  delivered  to 
the  collector  of 
Norfolk,  bTTes. 
tela  boona  np 


Jamea 


riter. 


Chap.  XLIX.— ^n  Jet  to  etiabUih  ike  diitrid  tfKenndnmk^  and  to  annex  Lvme 
to  New  London  f  and  to  alter  the  dUtriet  (f  Bermuda  Hundred  and  City  Point  t 
and  therein  to  amend  the  act  intituled  ^^An  act  to  regulate  the  eolleetion  of  dutiee 
on  importe  and  ionnageJ*^ 

Section  I,  Beit  enacted  hy  the  Senate  and  House  of  Representatives 
of  the  United  States  of  America  in  Congress  assembled,  That  from  aod 
after  the  thirtieth  day  of  June  next,  the  towns  of  Wells  and  Arunde),  in 
the  state  of  Massachusetts,  and  all  the  shores  and  waters  thereof,  shall 
be  a  district,  to  be  called  the  district  of  Kennebunk,  of  which  the  port 
of  Kennebunk  shall  be  the  sole  port  of  entry ;  and  the  ports  of  Wells  and 
Cape  Porpoise  shall  be  ports  of  delivery  only,  and  a  collector  for  the 
district  shall  be  appointed  to  reside  at  Kennebunk. 

Sec.  2.  And  be  it  further  enacted.  That  ships  and  vessels  owned  in 
whole  or  in  part  in  the  towns  of  Edgecomb  and  Newcastle,  in  the  district 
of  Maine,  having  entered  in  due  form  of  law  at  the  port  of  Wiscaaset, 
and  taken  on  board  an  officer,  shall  be  permitted  to  unlade  in  the  parts 
of  the  said  towns  which  adjoin  Sheepcut  river. 

Sec.  3.  And  he  it  further  enacted,  That  from  and  after  the  thirtieth 
day  of  June  next,  the  town  of  Lyme,  in  the  state  of  Connecticut,  and 
the  shores  and  waters  thereof,  shall  be  annexed  as  a  port  of  delivery 
only  to  the  district  of  New  London,  and  all  vessels  bound  to  or  from  the 
said  port  of  Lyme,  shall  first  come  to,  enter,  and  clear  at  the  said  port 
of  New  London:  Provided  however,  that  the  surveyor  appointed  to 
reside  at  Saybrook  shall  be  authorized  to  visit  and  inspect  diips  or  ves- 
sels arriving  at  said  port  of  Lyme,  and  generally 'to  perform  the  duties 
of  a  surveyor,  as  may  be  requisite  within  said  port. 

Sec  4.  And  he  it  further  enacted.  That  from  and  after  the  thirtieth 
day  of  June  next,  the  district  of  Bermuda  Hundred  and  City  Point  as 
at  present  constituted,  in  the  state  of  Virginia,  shall  be  called  the  district 
of  Petersburg,  to  comprehend  Petersburg,  City  Point,  and  all  the  waters, 
shores,  bays,  harbors,  and  inlets  of  James  river,  from  Hood's  and  the 
junction  of  Chicahoming  to  the  junction  of  the  James  and  Appamattox 
rivers,  and  from  thence  to  the  highest  tide-water  of  Appamattox,  and 
also  the  Chicahoming  to  its  highest  tide-water  mark ;  and  the  port  for 
the  said  district  shall  extend  from  Petersburg  to  City  Point  And  an- 
other district  shall  be  formed  to  be  called  the  district  of  Richmond,  to 
comprehend  Richmond,  and  Manchester,  and  Bermuda  Hundred,  and 
all  the  waters,  shores,  bays,  harbors,  and  inlets  of  James  river  from  Ber- 
muda Hundred,  including  the  harbor  thereof,  to  the  highest  tide-water 
of  James  river ;  and  the  port  shall  extend  from  Richmond  and  Manches- 
ter to  Bermuda  Hundred.  The  office  of  collector  for  the  district  of 
Petersburg  shall  be  kept  in  the  town  of  Petersburg ;  and  a  collector 
shall  be  appointed  for  the  Richmond  district,  whose  office  shall  be  kept 
in  the  city  of  Richmond ;  and  the  surveyors  within  those  two  districts 
shall  continue  to  reside  at  the  places  at  present  established  by  law. 

Sec.  5.  And  be  it  further  enacted.  That  the  master  of  any  ship  or 
vessel,  bound  to  any  district  of  James  river  above  Sewal's  Point,  shaO, 
before  he  pass  by  the  said  Point,  and  immediately  after  his  arrival  either 
at  the  same  or  at  Hampton  Road,  deposit  with  die  collector  of  the  port 
of  Norfolk  and  Portsmouth,  or  of  Hampton,  a  true  manifest  of  the  cargo 
on  board  such  ship  or  vessel ;  and  the  said  collector  shall,  after  register- 
ing the  manifest,  transmit  the  same  duly  certified  to  have  been  so  depo* 
sited,  to  the  officer  with  whom  the  entries  are  to  be  made :  and  the  said 
collector  may,  whenever  he  shall  judge  it  to  be  necessary  for  the  security 
of  the  revenue,  put  an  inspector  of  the  customs  on  board  any  such  ship 
or  vessel,  to  accompany  the  same  until  her  arrival  at  the  first  port  of 
entry  or  delivery,  in  the  district,  to  which  such  ship  or  vessel  may  be 
destined.    And  if  the  master  or  commander  of  any  such  ship  or  Tessel 


SIXTH  CONQRESS.    Sess.  I.  Ch.  50.    1800. 


eo 


dun  Defect  or  omit  to  deposit  a  manifest  in  manner  as  aforesaid,  or  shall 
rduie  to  receive  an  inq;>ector  of  the  customs  on  board,  as  the  case  shall 
nqnire,  he  shall  foifeit  and  pay  five  hundred  doUars,  to  be  recovered 
with  costs  of  suit,  one  half  for  the  use  of  the  officer  with  whom  such 
manifest  ought  to  have  been  deposited,  and  the  other  half  to  the  use  of 
the  collector  of  the  district  to  which  the  said  ship  or  vessel  may  be 


Sm.  d.  And  be  iijurther  enacted,  That  such  part  and  so  much  of  the 
act,  intituled  ''An  act  to  regulate  the  collection  of  duties  on  imports  and 
lonnage,"  as  comes  within  the  purview  of  this  act,  being  contrary  hereto, 
ihali  be  and  hereby  is  repealed. 

Appkovbd,  May  10, 1800. 


Ch4F.  L. — ^fi  Jei  mtppUmtfUal  to  the  act  inlituUd  **Jn  ad  for  an  amicable  eei' 
tkmetU  €f  UmiU  tm/A  the  SUxUcf  Oeor^at  and  authorixtng  the  eetabHehment 
tf  a  Gaoemmeni  in  the  Mienetqipi  territory .^^ 

Sbction  1.  Be  it  enacted  by  the  Senate  and  House  of  Representatives 
rf  the  Umted  States  of  America  in  Congress  assembled^  That  so  much 
oi  the  ordinance  of  Congress  of  the  thirteenth  of  July,  one  thousand 
Kven  hundred  and  eighty-seven,  and  of  the  act  of  Congress  of  the 
■erenth  of  August,  one  thousand  seven  hundred  and  eighty-nine,  pro- 
viding for  the  government  of  the  territory  of  the  United  States  northwest 
of  the  river  Ohio,  as  relates  to  the  organization  of  a  general  assembly 
therein,  and  prescribes  the  powers  thereof,  shall  forthwith  operate,  and 
be  in  force  in  the  Mississippi  territory :  Provided,  that  until  the  number 
of  free  male  inhabitants  of  full  age,  in  the  said  territory,  shall  amount  to 
fife  thousand,  there  shall  not  be  returned  to  the  general  assembly  more 
than  nine  representatives. 

Sec.  2.  And  be  it  further  enacted.  That  until  the  number  of  free  male 
inhabitants  of  full  age  in  the  Mississippi  territory  shall  amount  to  five 
thousand,  the  county  of  Adams  shall  be  entitled  to  choose  four  represen- 
tatives to  the  general  assembly,  the  county  of  Pickering  four,  and  the 
Tensaw  and  Tombigbee  settlements,  one. 

Sec.  3.  And  be  it  further  enacted.  That  the  first  election,  for  repre* 
lentatif  es  to  the  general  assembly,  shall  be  on  the  fourth  Monday  in  July 
next,  and  that  all  subsequent  elections  shall  be  regulated  by  the  legi»- 
lature. 

Sec.  4.  And  be  it  further  enacted.  That  it  shall  be  the  duty  of  the  go- 
vernor of  the  Mississippi  territory,  to  cause  the  said  election  to  be  holden 
on  the  day  aforesaid,  at  the  most  convenient  place  in  the  counties  and 
settlements  aforesaid,  and  to  nominate  a  proper  officer  or  officers  to  pre- 
side at  and  conduct  the  same,  and  to  return  to  him  Uie  names  of  the 
perKms  who  may  have  been  duly  elected. 

Sec.  5.  And  be  it  further  enacted.  That  the  representatives  shall  be 
eonrened  by  the  governor  at  the  town  of  Natchez,  on  the  fourth  Mon- 
day in  September  next 

Sec.  6.  And  be  it  further  enacted.  That  so  soon  as  the  number  of 
free  male  inhabitants  of  fuU  age  shall  amount  to,  or  exceed  five  thou- 
sand, the  number  of  representatives  to  the  general  assembly  shall  be  do- 
termined,  and  the  apportionment  made  in  the  way  prescribed  in  the 
ordinance. 

Sec.  7.  And  be  it  further  enacted.  That  nothing  in  this  act  shall  in 
any  respect  impair  the  right  of  the  state  of  Georgia  to  the  jurisdiction, 
or  of  the  said  state,  or  of  any  person  or  persons  to  the  soil  of  the  said 
territory,  but  the  rights  arid  claims  of  the  said  state,  and  all  persons  in- 
terested, are  hereby  declared  to  be  as  firm  and  available  as  if  this  act 
bad  never  been  made. 


Rmtlofpait 
of  tM  formar 
•ct. 

Vol.  tear. 


Statutb  Z. 

May  10, 1800. 

Vol.  i.  649. 

Organismtion 
of  a  general  as- 
tembly  in    the 
MiMiaaippi  ter* 
ritory. 


Repreflenta- 
tiret  to  the  ffen- 
era!  aaaembly. 


Firit  election. 


Election  to  be 
holden  at  the 
moit  conveni- 
ent place. 


AHemblr  to 
at   Nat- 


ches. 

Nomber  of 
RepreientatiTea 
after  eenana. 
1806,  eh.  9. 


Saving  of  the 
righta  of  Geor- 
gia,  and  of  aU 
penona. 

Vol.  i.  649. 


70 


SIXTH  CONGRESS.    Sess.  I.  Ch.  51.     1800. 


Time  of  meet- 
ing of  the  Rene, 
nl  aMembly. 


Adjournmont 
thereof. 


The  commie- 
■ionera  of  the 
United  Sutee 
may  finally  set- 
tle with  Georgia 
by  compromise. 

April  7, 1798, 
ch.  28. 


They  may  in- 
quire  into  the 
claima  of  indi- 
▼idaals. 


ProTiioei. 


Statute  I. 
May  10,  1800. 

Act  of  Feb. 
28, 1803, ch. 10. 
Act  of  March  3y 
1807,  ch.  22. 
Penalty  on  citi- 
tens  having  an 
interest  in  tos- 
sels  employed 
in  the  sUto 
trade. 


Penalty  on  citi- 
zens seiTing  in 
sQchTessels.   ^ 


Sec.  8.  And  he  U  further  enacted^  That  the  general  asuembly  shall 
meet  at  least  once  in  every  year,  and  such  meeting  shall  be  on  the  first 
Monday  of  December,  unless  they  shall  by  law  appoint  a  different  day : 
Provided^  that  the  governor  shall  have  power  on  extraordinary  occasions 
to  convene  the  general  assembly. 

Sec.  9.  And  he  it  further  enacted,  That  neither  house  during  the  ses- 
sion of  the  general  assembly  shall,  without  the  consent  of  the  other,  ad- 
journ for  more  than  three  days,  nor  to  any  other  place  than  that  in 
which  the  two  houses  shall  be  sitting. 

Sec.  10.  And  he  it  further  enacted,  That  it  shall  be  lawful  for  the 
commissioners  appointed,  or  who  may  hereafter  be  appointed  on  the  part 
of  the  United  States,  in  pursuance  of  the  act,  intituled  "An  act  for  an 
amicable  settlement  of  limits  with  the  state  of  Georgia;  and  authorizing 
the  establishment  of  a  government  in  the  Mississippi  territory,"  or  any 
two  of  them,  finally  to  settle  by  compromise  with  the  commissioners, 
which  have  been  or  may  be  appointed  by  the  state  of  Georgia,  any  claims 
mentioned  in  said  act,  and  to  receive  in  behalf  of  the  United  States  a 
cession  of  any  lands  therein  mentioned,  or  of  the  jurisdiction  thereof,  on 
such  terms  as  to  them  shall  appear  reasonable :  and  also,  that  the  said 
commissioners  on  the  part  of  the  United  States,  or  any  two  of  them,  be 
authorized  to  inquire  into  the  claims  which  are  or  shall  be  made  by 
settlers  or  any  other  persons  whatsoever,  to  any  part  of  the  aforesaid 
lands,  and  to  receive  from  such  settlers  and  claimants  any  propositions 
of  compromise  which  may  be  made  by  them,  and  lay  a  full  statement  of 
the  claims  and  the  propositions  which  may  be  made  to  them  by  the  set-- 
tlers  or  claimants  to  any  part  of  the  said  lands,  together  with  their  opi- 
nion thereon,  before  Congress,  for  their  decision  thereon,  as  soon  as  may 
be :  Provided,  that  the  settlement  shall  be  made  and  completed  before 
the  fourth  day  of  March,  one  thousand  eight  hundred  and  three:  And 
provided  also,  that  the  said  commissioners  shall  not  contract  for  the  pay- 
ment of  any  money  from  the  treasury  of  the  United  States  to  the  state 
of  Georgia,  other  than  the  proceeds  of  the  same  lands. 

Approved,  May  10,  ISOO. 


Chap.  LI. — Jin  Jet  in  addiiion  to  the  ad  intituled  ".in  act  to  prohibit  the  carry' 
ing  on  the  Slave  Trade  from  the  United  States  to  any  foreign  place  or  eoun- 
try:\a) 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled,  That  it  shaU  be  un- 
lawful for  any  citizen  of  the  United  States,  or  other  person  residing 
within  the  United  States,  directly  or  indirectly  to  hold  or  have  any  ri|[ht 
or  property  in  any  vessel  employed  or  made  use  of  in  the  transportation 
or  carrying  of  slaves  from  one  foreign  country  or  place  to  another,  and 
any  right  or  property,  belonging  as  aforesaid,  shall  be  forfeited,  and  may 
be  libdled  and  condemned  for  the  use  of  the  person  who  shall  sue  for  the 
same ;  and  such  person,  transgressing  the  prohibition  aforesaid,  shall 
also  forfeit  and  pay  a  sum  of  money  equal  to  double  the  value  of  the  right 
or  property  in  such  vessel,  which  he  held  as  aforesaid ;  and  shall  iQso 
forfeit  a  sum  of  money  equal  to  double  the  value  of  the  interest  which 
he  may  have  had  in  the  slaves,  which  at  any  time  may  have  been  trans- 
ported or  carried  in  such  vessel,  after  the  passing  of  this  act,  and  against 
the  form  thereof. 

Sec.  2.  And  he  it  further  enacted,  That  it  shall  be  unlawful  for 
any  citizen  of  the  United  States  or  oUier  person  residing  therein,  to 
serve  on  board  any  vessel  of  the  United  States  employed  or  made  use  of 
in  the  transportation  or  carrying  of  slaves  from  one  foreign  country 
or  place  to  another ;  and  any  such  citizen  or  other  person,  voluntarily 

(a)  See  act  of  March  23,  1794,  chap.  11,  and  notes.  Vol.  i.  347. 


SIXTH  CONGRESS.    Sess.  I.  Ch.  S3.    1800. 


71 


lemiig  as  aforesaid,  shall  be  liable  to  be  indicted  therefor,  and  on  con- 
fiction  thereof  shall  be  liable  to  a  fine  not  exceeding  two  thousand  dollars, 
ud  be  imprisoned  not  exceeding  two  years. 

Sec.  3.  And  be  it  further  enacted.  That  if  any  citizen  of  the  United 
States  shall  voluntarily  serve  on  board  of  any  foreign  ship  or  vessel,  which 
shall  hereafter  be  employed  in  the  slave  trade,  he  shall,  on  conviction 
thereof,  be  liable  to  and  suffer  the  like  forfeitures,  pains,  disabilities  and 
penalties  as  he  would  have  incurred,  had  such  ship  or  vessel  been  owned 
or  employed,  in  whole  or  in  part,  by  any  person  or  persons  residing 
within  the  United  States. 

Sec.  4.  And  be  it  farther  enacted,  That  it  shall  be  lawful  for  any  of 
the  commissioned  vessels  of  the  United  States,  to  seize  and  take  any 
fessels  employed  in  carrying  on  trade,  business  or  traffic,  contrary  to  the 
true  intent  and  meaning  of  this  or  the  said  act  to  which  this  is  in  addi- 
tion; and  soch  vessel,  together  with  her  tackle,  apparel  and  guns,  and 
the  goods  or  effects,  other  than  slaves,  which  shall  be  found  on  board, 
!iiall  be  forfeited,  and  may  be  proceeded  against  in  any  of  the  district 
or  circuit  courts,  and  shall  be  condemned  for  the  use  of  the  officers  and 
crew  of  the  vessel  making  the  seizure,  and  be  divided  in  the  proportion 
directed  in  the  case  of  prize :  and  all  persons  interested  in  such  vessel, 
or  in  the  enterprise  or  voyage  in  which  such  vessel  shall  be  employed  at 
the  time  of  such  capture,  shall  be  precluded  from  all  right  or  claim  to  the 
daves  found  on  board  such  vessel  as  aforesaid,  and  from  all  damages  or 
retribution  on  account  thereof:  and  it  shall  moreover  be  the  duty  of  the 
commanders  of  such  commissioned  vessels,  to  apprehend  and  take  into 
coslody  every  person  found  on  board  of  such  ve»el  so  seized  and  taken, 
being  of  the  officers  or  crew  thereof,  and  him  or  them  convey  as  soon 
u  conveniently  may  be,  to  the  civil  authority  of  the  United  States  in 
tome  one  of  the  districts  thereof,  to  be  proceeded  against  in  due  course 
of  law. 

Sec.  5.  And  be  itfiarther  enacted.  That  the  district  and  circuit  courts 
of  the  United  States  shall  have  cognizance  of  all  acts  and  offences 
against  the  prohibitions  herein  contained. 

Sec.  6.  Provided  nevertheless,  and  be  it  further  enacted.  That  nothing 
in  this  act  contained  shall  be  construed  to  authorize  the  bringing  into 
either  of  the  United  States,  any  person  or  persons,  the  importation  of 
whom  is,  by  the  existing  laws  of  such  state,  prohibited. 

Sec  7.  And  be  it  farther  enacted.  That  the  forfeitures  which  shall 
hereafter  be  incurred  under  this,  or  the  said  act  to  which  this  is  in  addi- 
tion, not  otherwise  disposed  of,  shall  accrue  and  be  one  moiety  thereof 
to  the  use  of  the  informer,  and  the  other  moiety  to  the  use  of  the  United 
States,  except  where  the  prosecution  shall  be  first  instituted  on  behalf  of 
the  United  States,  in  which  case  the  whole  shall  be  to  their  use. 

Appboted,  May  10,  1800. 


Commisiioned 
▼efMlt  authori- 
led  to  seise  ves- 
■eli  contraven- 
ing this  or  the 
former  act. 


District   and 
cirenit  court  to 
have  inrisdic. 
tion  or  offences. 
Constmction 
of  the  act 


DistribnUon  of 
penalties. 


Statute  I. 


Chap.  LIU.— %4n  Jd  to  provide  for  equalizing  the  wduaiions  of  unsealed  lands>     May  10, 1800. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Representatives 
rf  the  United  States  of  America  in  Congress  assembled.  That  the  com- 
missioners appointed  under  the  act,  intituled  *'  An  act  to  provide  for 
the  Talaation  of  lands  and  dwelling-houses  and  the  enumeration  of  slaves 
within  the  United  States,"  in  those  states  the  valuations  and  enumera- 
tions, whereof  are  not  yet  closed  and  returned  to  the  treasury  department, 
than  be,  and  hereby  are  authorized  and  empowered  on  examination 
and  consideration,  at  some  general  meeting  to  be  convened  pursuant  to 
law,  of  the  lists,  returns,  vduations  and  aostracts  rendered  to  them  by 
the  assessors  wiUiin  their  respective  states,  to  revise  the  valuations  of 
unseated  lands  in  each  and  every  assessment  district  of  their  respective 


[Obsolete.] 
Act  of  July  9, 
1798,  ch.  70. 
Commiuioners 
nnder  the  Act 
of  July  9,  1798, 
ch.  70,  to  adjust 
the  Taluation  of 
unseated  lands. 


79 


SIXTH  CONGRESS.    Srss.  I.  Ch.  54.    1809. 


CoiDmiMioDeri 
may  direct  de- 
dnraoni. 


Compeiitatioii. 


Btatutb  I. 
Mty  10,  1800. 

Act  of  March 
S,1799,ch.23. 

Allowance  to 
certain  collect- 


Commiitiona 
to  certain  col- 
leeton. 


BtateSy  and  in  each  and  every  subdiviaion  of  such  districts  respectively, 
and  to  vary  and  adjust  the  said  valuations  by  adding  thereto,  or  deduct- 
ing therefrom  suph  rate  per  centum  as  to  them  shall  appear  just  and 
reasonable  :  Provided  ahoays,  that  the  relative  valuations  of  different 
tracts  of  unseated  land  in  the  same  subdivision  shall  not  be  changed 
or  affected. 

Sec.  2.  And  be  it  Juriher  enacted^  That  the  said  commissioners  may 
direct  the  deductions  and  additions  aforesaid  to  be  made  out  and  com- 
pleted  by  the  principal  assessors  of  the  aforesaid  assessment  districts 
respectively,  or,  if  they  shall  deem  it  more  proper,  by  their  own  derk, 
and  by  such  assistants  as  they  shall  find  necessary  and  appoint  for  that 
purpose:  Provided  always,  that  the  compensation  to  be  made  to  the 
said  assistants  shall  not  exceed  the  pay  allowed  to  the  assistant  i 
by  the  act  aforesaid. 

Approved,  May  10, 1800. 


Certain   col- 
leetort   to   de- 

dt  bonda    in 
k  for  coK 

lection. 


Chap.  LI V.— wtfn  Jd  nmlemerUary  to  an  aei^  intituled  **  Jtn  Aei  to  eatMinh 
the  eompentaiion  efthe  tffieen  employed  in  the  eoUedion  of  the  dutiee  on  impoet 
and  tonnage.^* (a) 

Section  I,  Beit  enacted  by  the  Senate  and  House  of  Representatives 
of  the  United  States  of  America  in  Congress  assembled.  That  from  and 
after  the  thirtieth  day  of  June  next,  there  shaU  be  allowed  and  paid 
annually,  to  and  for  the  use  of  the  several  collectors  and  surveyors 
appointed,  and  to  be  appointed  pursuant  to  law,  and  employed  in  the 
collection  of  the  duties  of  imports  and  tonnage,  in  the  districts  herein 
after  mentioned,  in  addition  to  their  fees  and  emoluments  otherwise 
allowed  by  law,  the  sums  following  respectively,  that  is  to  say : — To  the 
collectors  of  Passamaquody,  Waldoborough,  and  St.  Mary's,  two  hun- 
dred and  fifty  dollars  each ;  to  the  collectors  of  Machias,  Great  Egg 
Harbor,  Little  Egg  Harbor,  Perth  Amboy,  Bridgetown,  Sunbury,  and 
Georsetown  in  Maryland,  one  hundred  dollars  each ;  and  to  the  collect- 
ors of  Sagg  Harbor,  Brunswick,  in  Georgia,  and  Dumfries,  fifty  dollars 
each;  to  the  surveyor  of  Bermuda  Hundred,  one  hundred  and  fifty 
dollars;  and  to  the  surveyors  of  Newport,  Providence,  Port  Royal, 
Alexandria,  and  Saybrook,  one  hundred  doUars  each. 

Sec.  2.  And  be  it  jvrther  enacted.  That  in  lieu  of  the  commissions 
heretofore  allowed  by  law,  there  shall,  from  and  after  the  thirtieth  day 
of  June  next,  be  allowed  to  the  collectors  for  the  districts  of  Alexandria, 
Petersburg,  and  Richmond  respectively,  two  and  an  half  per  centum, 
on  all  monies  which  shall  be  coUected  and  received  by  them ;  to  the 
coUector  for  the  district  of  Boston  and  Charlestown,  and  to  the  collect- 
ors of  Baltimore  and  Philadelphia,  three  eighths  of  one  per  centum;  to 
the  collectors  of  Charleston,  South  Carolina,  Salem  and  Norfolk  and 
Portsmouth,  three  quarters  of  one  per  centum;  to  the  collector  of 
the  district  of  Portland,  one  per  centum,  for  and  on  account  of  the  du- 
ties arising  on  goods,  wares  and  merchandise  imported  into  the  United 
States,  and  on  the  tonnage  of  ships  and  vessels. 

Sec.  3.  And  be  it  further  enacted.  That  it  shall  be  the  duty  of  the 
collectors  of  the  several  districts  of  Philadelphia,  New  York,  Boston, 
Baltimore,  Norfolk  and  Charleston,  and  they  are  hereby  respectively 
directed  to  deposit  for  collection  in  the  Bank  of  the  United  States,  or  at 
an  office  of  discount  and  deposit  of  the  said  bank,  all  the  bonds  taken, 
or  to  be  taken  by  them,  for  duties  by  virtue  of  any  law  of  the  United 
States ;  but  on  all  money  collected  by  the  said  banks  the  commissions 
aforesaid  are  to  be  allowed  the  said  collectors  in  like  manner  as  if 
received  by  them. 

Approved,  May  10, 1800. 

(0)  Act  of  March  2,  1799,  chap.  23. 


SIXTH  CONGRESS.    Sxas.  I.  Ch.  55.     1800. 


73 


STA.TUTB  I. 

May  10,  ISOO. 

Act  of  May  18, 
1796,  ch.  29. 
ActofAprillS, 
1818,  ch.  70. 
Act   of  Mtrch 
SO,  1820,  ch.  26. 
Four  land  of- 
fices eatabllshcd 
under  the  di- 
rection of  Regis- 
ters. 


1808,  eh.  30. 


Chjlp.  LV.— Jfi  Jki  U  amendthe  aet  inHtukd^^Jtn  ad  providing  for  the  tale  rf 
ike  lande  if  tiU  UmUd  Statee^  in  tJke  territory  fufrthweet  of  the  0^^  above 
the  wtmsth  if  Keniueky  Hver:\a) 

SBcnoN  A.  Beit  enacted  hy  the  Senate  and  House  of  Representatives 
pf  the  United  States  of  America  in  Congress  assembled,  That  for  the 
disposal  of  the  lands  of  the  United  States,  directed  to  be  sold  by  the 
•ct,  intitaled  "An  act  providing  for  the  sale  of  the  lands  of  the  United 
States^  in  the  territory  northwest  of  the  Ohio,  and  above  the  mouth  of 
Kentucky  river,"  there  shall  be  four  land  offices  established  in  the  said 
territory :  one  at  Cincinnati,  for  lands  below  the  Little  Miami,  which 
have  not  heretofore  been  granted ;  one  at  Chilicothe,  for  lands  east  of 
the  Scioto,  south  of  the  lands  appropriated  for  satisfying  military  boun- 
ties to  the  late  army  of  the  United  States,  and  west  of  the  fifteenth 
range  of  townships;  one  at  Marietta,  for  the  lands  east  of  the  sixteenth 
range  of  townships,  south  of  the  before  mentioned  military  lands,  and 
south  of  a  line  drawn  due  west  from  the  northwest  corner  of  the  first 
township  of  the  second  range,  to  the  said  military  lands;  and  one  at 
SteubenviOe,  for  the  lands  north  of  the  last  mentioned  line,  and  east  or 
iMKth  of  the  said  military  lands.  Each  of  the  said  offices  shall  be  under 
the  direction  of  an  officer,  to  be  called  "  The  Register  of  the  Land 
Office,"  who  shall  be  appointed  by  the  President  of  the  United  States, 
by  and  with  the  advice  and  consent  of  the  Senate,  and  shall  give  bond 
to  the  United  States,  with  approved  security,  in  the  sum  of  ten  thou- 
sand dollars,  for  the  faithful  discharge  of  the  duties  of  his  office ;  and 
sbaD  reside  at  the  place  where  the  land  office  is  directed  to  be  kept. 

Sec.  %  And  be  it  further  enacted.  That  it  shall  be  the  duty  of  the 
sorveyor-general,  and  he  is  hereby  expressly  enjoined,  to  prepare  and 
transmit  to  the  registers  of  the  several  land  offices,  before  the  days  herein 
appointed  for  commencing  sales,  general  plats  of  the  lands  hereby  directed 
to  be  sold  at  the  said  offices  respectively,  and  also  to  forward  copies  of 
each  of  the  said  plats  to  the  Secretary  of  the  Treasury. 

Sec.  3.  And  be  it  further  enacted,  That  the  surveyor-general  shall 
cause  the  townships  west  of  the  Muskingum,  which  by  the  above-men- 
tioned act  are  directed  to  be  sold  in  quarter  townships,  to  be  subdivided 
into  half  sections  of  three  hundred  and  twenty  acres  each,  as  nearly  as 
may  be,  by  running  parallel  lines  through  the  same  from  east  to  west, 
and  from  south  to  north,  at  the  distance  of  one  mile  from  each  other, 
and  marking  comers,  at  the  distance  of  each  half  mile  on  the  lines  run- 
ning from  east  to  west,  and  at  the  distance  of  each  mile  on  those  run- 
ning from  south  to  north,  and  making  the  marks,  notes  and  descriptions, 
prescribed  to  surveyors  by  the  above-mentioned  act :  And  the  interior 
lines  of  townships  intersected  by  the  Muskingum,  and  of  all  the  town- 
ships lying  east  of  that  river,  which  have  not  been  heretofore  actually 
snbdirided  into  sections,  shall  also  be  run  and  marked  in  the  manner 
prescribed  by  the  said  act,  for  running  and  marking  the  interior  lines 
of  townships  directed  to  be  sold  in  sections  of  six  hundred  and  forty 
acres  each.  And  in  all  cases  where  the  exterior  lines  of  the  townships, 
thus  to  be  subdivided  into  sections  or  half  sections,  shall  exceed  or  shall 
not  extend  six  miles,  the  excess  or  deficiency  shall  be  specially  noted, 
and  added  to  or  deducted  from  the  western  and  northern  ranges  of  sec- 
tions or  half  sections  in  such  township,  according  as  the  error  may  be 
in  running  the  lines  from  east  to  west,  or  from  south  to  north ;  the  sec- 
tions and  half  sections  bounded  on  the  northern  and  western  lines  of 
such  townships  shall  be  sold  as  containing  only  the  quantity  expressed 
in  the  returns  and  plats  respectively,  and  all  others  as  containing  the 

(^  Act  of  May  18.  1806,  chap.  99;  act  of  April  18,  1818,  chap.  70 ;  act  of  March  S,  1819,  chap.  1% ; 
met  of  March  30, 18S0,  chap.  2^;  act  of  April  34,  1830,  chap.  49 ;  act  of  March  %,  1881,  chap.  11 ;  aet 
of  March  1, 18S3,  chap.  38 ;  act  of  Mav  SO,  1826,  chap.  138. 

Vol.  Tl  — 10  G 


Snnreyor.GoB- 
erml  to  tranamit 
certain  plata. 


He  ahall  eanae 
certain  lines  to 
be    mn   and 
marked. 


74 


SIXTH  CONGRESS.    Sem.  I.  Ch.  55.     1800. 


CerUia  lands 
to  be  fold. 


Limitation  of 
the  price,  and 
mode  of  pur. 
chaae  and  pay- 
ment. 


1797,  ch.  14. 

Fees   to   be 
paid. 


One  foQith  ot 
the    purchapc 
money   to  be 
paid. 


complete  legal  quantity.  And  the  President  oT  the  United  States  shall 
fix  the  compensation  of  the  deputy  surveyors,  chain  carriers,  and  axe- 
men :  Provided,  the  whole  expense  of  surveying  and  marking  the  lines, 
shall  not  exceed  three  dollars  for  every  mile  that  shall  be  actually  run, 
surveyed  and  marked. 

Sec.  4.  And  be  it  Jvrther  enacted.  That  the  lands  thus  subdivided 
(excluding  the  sections  reserved  by  the  above-mentioned  act)  shall  be 
offered  for  sale  in  sections  and  half  sections,  subdivided  as  before  directed 
at  the  following  places  and  times,  that  is  to  say :  Those  below  the  Little 
Miami  shall  be  offered  at  public  vendue,  in  the  town  of  Cincinnati,  on 
the«  first  Monday  of  April  one  thousand  eight  hundred  and  one,  under 
the  direction  of  the  register  of  the  land  office  there  established,  and  of 
either  the  governor  or  secretary  of  the  northwestern  territory.  The 
lands  east  of  Scioto,  south  of  the  military  lands,  and  west  of  the  fifteenth 
range  of  townships,  shall  be  offered  in  like  manner  for  sale  at  Chilicothe, 
on  Uie  first  Monday  of  May,  one  thousand  eight  hundred  and  one,  under 
the  direction  of  the  register  of  the  land  office  there  established,  and  of 
either  the  governor  or  secretary  of  the  said  territory.  The  lands  east 
of  the  sixteenth  range  of  townships,  south  of  the  military  lands  and  west 
of  the  Muskingum,  including  all  the  townships  intersected  by  that  river, 
shall  be  offered  for  sale  in  like  manner  at  Marietta,  on  the  last  Monday 
of  May,  one  thousand  eight  hundred  and  one,  under  the  direction  of  the 
governor  or  secretary,  or  surveyor-general  of  the  said  territory.  The 
sales  shall  remain  open  at  each  place  for  three  weeks,  and  no  longer. 
The  superintendents  shall  observe  the  rules  and  regulations  of  the  above- 
mentioned  act,  in  classing  and  selling  fractional  with  entire  sections, 
and  in  keeping  and  transmitting  accounts  of  the  sales.  All  lands,  remain- 
ing unsold,  at  the  closing  of  either  of  the  public  sales,  may  be  disposed 
of  at  private  sale  by  the  registers  of  these  respective  land  offices,  in  the 
manner  herein  after  prescribed ;  and  the  register  of  the  land  office  at 
Steubenville,  after  the  first  day  of  July  next,  may  proceed  to  sell,  at 
private  sale,  the  lands  situate  within  the  district  assigned  to  his  direction 
as  herein  before  described,  disposing  of  the  same  in  sections,  and  class- 
ing fractional  with  entire  sections,  according  to  the  provisions  and  regu 
lations  of  the  above-mentioned  act  and  of  this  act :  And  the  register 
of  the  land  office  at  Marietta,  after  the  said  first  day  of  July  next,  may 
proceed  to  sell  at  private  sale,  any  of  the  lands  within  the  district  as- 
signed to  his  direction  as  aforesaid,  which  are  east  of  the  river  Muskin- 
gum, excluding  the  townships  intersected  by  that  river,  disposing  of  the 
same  in  sections,  and  classing  fractional  with  entire  sections  as  aforesaid. 

Sec.  5.  And  he  it  further  enacted,  That  no  lands  shaU  be  sold  by 
virtue  of  this  act,  at  either  public  or  private  sale,  for  less  than  two  dol- 
lars per  acre,  and  payment  may  be  made  for  the  same  by  all  purchasers, 
either  in  specie,  or  in  evidences  of  the  public  debt  of  the  United  States, 
at  the  rates  prescribed  by  the  act,  intituled,  "  An  act  to  authorize  the 
receipt  of  evidences  of  the  public  debt  in  payment  for  the  lands  of  the 
United  States;"  and  shall  be  made  in  the  following  manner,  and  under 
the  following  conditions,  to  wit: 

1.  At  the  time  of  purchase,  every  purchaser  shall,  exclusively  of  the 
fees  hereafter  mentioned,  pay  six  dollars  for  every  section,  and  three 
dollars  for  every  half  section,  he  may  have  purchased,  for  surveying 
expenses,  and  deposit  one  twentieth  part  of  tne  amount  of  purchase 
money,  to  be  forfeited,  if  within  forty  days  one  fourth  part  of  the  pur- 
chase money,  including  the  said  twentieth  part,  is  not  paid. 

2.  One  fourth  part  of  the  purchase  money  shall  be  paid  within  forty 
days  after  the  day  of  sale  a»  aforesaid ;  another  fourth  part  shall  be  paid 
within  two  years ;  another  fourth  part  within  three  years ;  and  another 
fourth  part  within  four  years  after  the  day  of  sale. 

3.  Interest,  at  the  rate  of  six  per  cent,  a  year  from  the  day  of  sale 


SIXTH  CONGRESS.    Sxss.  I.  Ch.  55.    1800. 


75 


■ban  be  charged  upon  each  of  the  three  last  payments,  payable  as  they 
respectively  become  due. 

4.  A  discoant  at  the  rate  of  eight  per  cent  a  year,  shall  be  allowed 
OD  any  of  the  three  last  payments,  which  shall  be  paid  before  the  same 
aihaU  become  due,  reckoning  this  discount  always  upon  the  sum,  which 
woald  have  been  demandaUe  by  the  United  States,  on  the  day  appointed 
for  such  payment 

5.  If  the  first  payment  of  one  fourth  part  of  the  purchase  money 
diall  not  be  made  within  forty  days  after  the  sale,  the  deposit,  payment 
and  fees,  paid  and  made  by  the  purchaser,  shall  be  forfeited,  and  the 
lands  shall  and  may,  from  and  after  the  day,  when  the  payment  of  one 
fourth  part  of  the  purchase  money  should  have  been  made,  be  disposed 
c»f  at  private  sale,  on  the  same  terms  and  conditions,  and  in  the  same 
manner  as  the  other  lands  directed  by  this  act  to  be  dispos^  of  at  pri-- 
Tate  sale :  Provided,  that  the  lands  which  shall  have  been  sold  at  public 
sale,  and  which  shall,  on  account  of  such  failure  of  payment,  revert  to 
the  United  States,  shall  not  be  sold  at  private  sale,  far  a  price  less  than 
the  price  that  shall  have  been  offered  for  the  same  at  public  sale. 

6.  If  any  tract  shall  not  be  completely  paid  for  within  one  year  after 
the  date  of  the  last  payment,  the  tract  shall  be  advertised  for  sale  by 
the  register  of  the  land  office  within  whose  district  it  may  lie,  in  at  least 
five  of  the  most  public  places  in  the  said  district,  for  at  least  thirty  days 
before  the  time  of  sale.  And  he  shall  sell  the  same  at  public  vendue, 
daring  the  sitting  of  the  court  of  quarter  sessions  of  the  county  in 
which  the  land  office  is  kept,  for  a  price  not  less  than  the  whole  arrears 
dne  thereon,  with  the  expenses  of  sale ;  the  surplus,  if  any,  shall  be  r^ 
tamed  to  the  original  purchaser,  or  to  his  legal  representative ;  but  if 
the  sam  due,  with  interest,  be  not  bidden  and  paid,  then  the  land  shall 
revert  to  the  United  States.  All  monies  paid  therefor  shall  be  forfeited, 
and  the  register  of  the  land  office  may  proceed  to  dispose  of  the  same 
lo  any  purchaser,  as  in  case  of  other  lands  at  private  sale. 

Sec.  6.  And  be  it  further  enacted,  That  all  and  every  the  payments, 
to  be  made  by  virtue  of  the  preceding  section,  shall  be  made  either  to 
the  treasurer  of  the  United  States,  or  to  such  person  or  officer  as  shall 
be  appointed  by  the  President  of  the  United  States,  with  the  advice  and 
consent  of  the  Senate,  receiver  of  public  monies  for  lands  of  the  United 
States,  at  each  of  the  places  respectively  where  the  public  and  private 
sales  ofthe  said  lands  are  to  be  made;  and  the  said  receiver  of  public 
monies  shall,  before  he  enters  upon  the  duties  of  his  office,  give  bond 
with  approved  security,  in  the  sum  of  ten  thousand  doUars,  for  the  faith- 
fol  discharge  of  his  trust ;  and  it  shall  be  the  duty  of  the  said  treasurer 
and  receiver  of  public  monies  to  give  receipts  for  the  monies  by  them 
received,  to  the  persons  respectively  paying  the  same ;  to  transmit  within 
thirty  days  in  case  of  public  sale,  and  quarterly,  in  case  of  private  sale, 
an  account  of  all  the  public  monies  by  them  received,  specifying  the 
amount  received  fi'om  each  person,  and  distinguishing  the  sums  received 
for  sanreying  expenses,  and  those  received  for  purchase  money,  to  the 
Secretary  of  the  Treasury,  and  to  the  registers  of  the  land  office,  as  the 
case  may  be.  The  said  receivers  of  public  monies  shall,  within  three 
months  after  receiving  the  same,  transmit  the  monies  by  them  received 
to  the  treasurer  of  the  United  States;  and  the  receivers  of  public  monies 
for  the  said  sales,  and  also  the  receivers  of  public  monies  for  the  sales 
which  have  taken  place  at  Pittsburg  under  the  act,  intituled  ''An  act 
providing  for  the  sale  of  the  lands  of  the  United  States  in  the  territory 
northwest  of  the  Ohio,  and  above  the  mouth  of  Kentucky  river/'  shall 
receive  one  per  cent  on  the  money  received,  as  a  compensation  for 
clerk  hire,  receiving,  safe-  keeping,  and  transmitting  it  to  the  treasury 
cf  ^e  United  Sutes. 

Sic.  7.  And  he  it  fiwther  eMcted,  That  it  shall  btf  the  duty  of  the 


Grade  of  par- 
chaae. 

A  diflcount  al- 
lowed for  paj. 
ment    befbre 
dae. 


If  one  fonrth 
part  it  not  paid 
the  land  may  be 
Bold  at  private 
■ale. 


If  a  tract  is 
not  paid  for  in 
one  year,  to  be 
retold. 


Act  of  April 
15, 1806. 


Paymentt  to 
be  made  to  the 
Treaturer  or  re- 
eeivert  of  pub- 
lic moniet. 

Duty  of  re- 
ceivera  of  public 
noniet. 


Act  of  May 

18,  1796. 


Their  oompea- 
aation. 


76  SIXTH  CONGRESS.    Sna.  I.  Ch.  55.    1800. 

Doty  of  the  registers  of  the  land  offices  respectively,  to  receive  and  enter  on  books 
r^S^'^  ^^^  ^^^^  ^^^  ^^^^  purpose  only,  and  on  which  no  blank  leaves  or  space  shaU 
u  o  CM.  Y^  1^^  between  the  diflferent  entries,  the  applications  of  any  person  or 
persons  who  may  apply  for  the  purchase  of  any  section  or  half  section, 
and  who  shall  pay  him  the  fee  hereafter  mentioned,  and  produce  a  re- 
ceipt from  the  treasurer  of  the  United  States,  or  from  the  receiver  of 
public  monies  appointed  for  that  purpose,  for  three  dollars  for  each  half 
section  such  person  or  persons  may  apply  for,  and  for  at  least  one 
twentieth  part  of  the  purchase  money,  stating  carefully  in  each  entry  the 
date  of  the  application,  the  date  of  the  receipt  to  him  produced,  the 
amount  of  monies  specified  in  the  said  receipt,  and  the  number  of  the 
section  or  half  section,  township  and  ranse  applied  for.  If  two  or  more 
persons  shall  apply  at  the  same  time  for  the  same  tract,  the  register  shall 
immediately  determine  by  lot,  in  presence  of  the  parties,  which  of  them 
shall  have  preference.  He  shall  file  the  receipt  for  monies  produced  by 
the  party,  and  give  him  a  copy  of  his  entry,  and  if  requir^,  a  copy  of 
the  description  of  the  tract,  and  a  copy  of  the  plat  of  the  same,  or  either 
of  them ;  and  it  shall  be  his  duty  to  inform  the  party  applying  for  any 
one  tract,  whether  the  same  has  already  been  entered,  purchased,  or 
paid  for,  and  at  his  request  to  give  him  a  copy  of  the  entry  or  entries 
concerning  the  same.  He  shall,  three  months  after  the  date  of  each 
application,  if  the  party  shall  not  have,  within  that  time,  produced  to 
him  a  receipt  of  the  payment  of  one  fourth  part  of  the  purchase  money, 
including  the  twentieth  part  above  mentioned,  enter  under  its  proper 
date,  in  the  said  book  of  entries,  that  the  payment  has  not  been  made, 
and  that  the  land  has  reverted  to  the  United  States,  and  he  shall  make 
a  note  of  the  same  in  the  mar^n  of  the  book  opposite  to  the  original 
entry.  And  if  the  party  shall,  either  at  the  time  of  making  the  original 
entry,  or  at  any  time  within  three  months  thereafter,  produce  a  receipt 
to  him,  for  the  fourth  part  of  the  purchase  money,  including  the  twentieth 
part  aforesaid,  he  shall  file  the  receipt,  make  an  entry  of  the  same,  under 
its  proper  date,  in  the  said  book  of  entries,  make  a  note  of  the  same  in 
the  margin  of  the  book,  opposite  to  the  original  entry,  and  give  to  the 
party  a  certificate,  describing  the  land  sold,  the  sum  paid  on  account, 
the  balance  remaining  due,  the  time  and  times  when  such  balance  shall 
become  due,  and  that  if  it  shall  be  duly  discharged,  the  purchaser  or  his 
assignee  or  other  legal  representative,  shall  be  entitled  to  a  patent  for  the 
said  lands;  he  shall  also,  upon  any  subsequent  payment  being  made,  and 
a  receipt  from  the  receiver  being  produced  to  him,  file  the  original  receipt, 

Sive  a  receipt  for  the  same  to  the  party,  and  enter  the  same  to  the  credit  of 
le  party,  in  a  book  kept  for  that  purpose,  in  which  he  shall  open  an 
account  in  the  name  of  each  purchaser,  for  each  section  or  half  section 
that  may  be  sold  either  at  public  or  private  sale,  and  in  which  he  shall 
charge  the  party  for  the  whole  purchase  money,  and  give  him  credit  for 
all  his  payments ;  making  the  proper  charges  and  allowances  for  interest 
or  discount,  as  the  case  may  be,  according  to  the  provisions  of  the 
fourth  section  of  this  act ;  and  upon  the  payment  being  completed  and 
the  account  finally  settled,  he  shall  give  a  certificate  of  the  same  to  the 
Pitcnu  to  bo  party ;  and  on  producing  to  the  Secretary  of  the  Treasury,  the  same 
iMQcd.  gQ3]  certificate,  the  President  of  the  United  States  is  hereby  authorized 

to  grant  a  patent  for  the  lands  to  the  said  purchaser,  his  heirs  or  assigns; 
and  all  patents  shall  be  countersigned  by  the  Secretary  of  State,  and 
recorded  in  his  office. 
Rentten  to       Sbc.  8.  Andheiijiirther  enacted^  That  the  registers  of  the  land  offices 
note  t^^  tilM  respectively,  shall  also  note  on  the  book  of  surveys,  or  original  plat  trans- 
▼eyt,  fte.        '   mitted  to  them,  every  tract  which  may  be  sold,  by  insertms  the  letter  A 
on  the  day  when  the  same  is  applied  for,  and  the  letter  P  on  the  day 
when  a  receipt  for  one  fourth  part  of  the  purchase  money  is  produced  to 
them,  and  by  crossing  the  said  letter  A  on  the  day  when  the  land  shall 


SIXTH  CONGRESS.    Sess.  I.  Gh.  55.     1800. 


T7 


rerert  to  the  United  States,  on  failure  of  the  payment  of  one  fourth  part 
of  the  purchase  money  within  three  months  after  the  date  of  application. 
And  the  said  book  of  survevs  or  original  plat  shall  be  open  at  all  times, 
in  preaeace  of  the  register,  for  the  inspection  of  any  individual,  applying 
for  the  same  and  paying  the  proper  fee. 

Sbc.  0.  And  be  it  further  enacted,  That  it  shall  be  the  duty  of  the 
registers  of  the  land  oAces  to  transmit  quarterly  to  the  Secretary  of  the 
Treasury,  and  to  the  sunreyor^eneral,  an  account  of  the  several  tracts 
applied  for,  of  the  several  tracts  for  which  the  payment  of  one  fourth  part 
of  the  purchase  money  has  been  made,  of  the  several  tracts  which  have 
reverted  to  the  United  States  on  failure  of  the  said  payment;  and  also 
ID  account  of  all  the  payments  of  monies  by  them  entered,  according  to 
the  receipts  produced  to  them,  specifying  the  sums  of  money,  the  names 
of  the  persons  paying  the  same,  the  names  of  the  officers  who  have  re- 
ceived the  same,  and  the  tracts  for  which  the  same  have  been  paid. 

Sec.  10.  And  he  U  further  enacted.  That  the  registers  aforesaid  shall 
be  precluded  from  entering  on  their  books  any  application  for  lands  in 
their  own  name,  and  in  the  name  of  any  other  person  in  trust  for  them ; 
and  if  any  register  shall  wish  to  purchase  any  tract  of  land,  he  may  do 
it  by  application  in  writing  to  the  surveyor-general,  who  shall  enter  the 
same  on  books  kept  for  that  purpose  by  him,  who  shall  proceed  in  re- 
spect to  such  applications,  and  to  any  payments  made  for  the  same,  in 
the  same  manner  which  the  registers  by  this  act  are  directed  to  follow, 
in  respect  to  applications  made  to  them  for  lands  by  other  persons.  The 
registers  shall,  nevertheless,  note  on  the  book  of  surveys,  or  original  plat, 
the  applications  and  payments  thus  by  them  made,  and  their  right  to  the 
pre-emption  of  any  tract  shall  bear  date  from  the  day,  when  their  appli- 
cation for  the  same  shall  have  been  entered  by  the  surveyor-general  in 
his  own  book.  And  if  any  person  applying  for  any  tract  shall,  notwith- 
standing he  shall  have  received  information  from  the  register,  that  the 
same  has  already  been  applied  for  by  the  said  register,  or  by  any  other 
person,  insist  to  make  the  application,  it  shall  be  the  duty  of  the  register 
to  enter  the  same,  noting  in  the  margin  that  the  same  tract  is  already 
purchased,  but  upon  application  of  the  party  made  in  writing,  and  which 
he  shall  file,  he  may  and  shall  at  any  future  time  enter  under  its  proper 
date,  that  the  party  withdraws  his  former  application,  and  applies  In  lieu 
thereof  for  any  other  tract:  Provided  always,  that  the  party  shall  never 
be  allowed  thus  to  withdraw  his  former  application,  and  to  apply  in  lieu 
thereof  for  another  tract,  except  when  the  tract  described  in  his  former 
application  shall  have  been  applied  for  previous  to  the  date  of  that  his 
former  application. 

Sec.  11.  And  be  it  Jurther  enacted,  That  the  Secretary  of  the  Trea- 
sury shall  and  may  prescribe  such  further  regulations,  in  the  manner  of 
keeping  books  and  accounts,  by  the  several  officers  in  this  act  mentioned, 
as  to  him  may  ap|)ear  necessary  and  proper,  in  order  fully  to  carry  into 
effect  the  provisions  of  this  act. 

Sec.  12.  And  be  it  further  enacted.  That  the  registers  of  the  land 
offices,  respectively,  shall  be  entitled  to  receive  from  the  treasury  of  the 
United  States,  one  half  per  cent,  on  all  the  monies  expressed  in  the 
feeeipts  by  them  filed  and  entered,  and  of  which  they  shall  have  trans- 
mitted an  account  to  the  Secretary  of  the  Treasury,  as  directed  by  this 
act;  and  they  shall  further  be  entitled  to  receive,  for  their  own  use,  from 
the  respective  parties,  the  following  fees  for  services  rendered,  that  is  to 
say;  for  every  oripnal  application  for  land,  and  a  copy  of  the  same,  for 
a  section  three  dollars,  for  a  half  section  two  dollars ;  for  every  certifi- 
cate stating  that  thefirst  fourth  part  of  thepurchase  money  is  paid,  twenty- 
fire  cents;  for  every  subsequent  receipt  for  monies  paid,  twenty-five 
cenii ;  for  the  final  settlement  of  account  and  giving  the  final  certificate 
of  the  same,  one  dollar ;  for  every  copy,  either  of  an  application  or  of 


Regiittra  to 
mike   ceitain 
qotrtofly  ra. 
tonni. 


Modeof  mak- 
ing  parchaiM 
by  ragitten . 


Secretarj  of 
the    Treaiurjr 
maj  praicribe 
forther    regula- 
tions. 

AlloMrance  to 
the  Registers. 


78 


SIXTH  CONGRESS.    Sess.  I.  Ch.  66.    180a 


Allowance  to 
raperintendenti 
ofpnbUc  aalei. 


1796,  ch.  29. 

Patent  fees. 

1804,  ch.  35. 

Leases  of  the 
reservations 
may  be  given  by 
the    Surveyor 
General. 


Pre.eniption 
right  given  to 
builders  of 
mills. 


Repeal  or  part 
of  the  former 
act. 

1796,  ch.  89. 


the  description  of  any  section  or  half  section,  or  of  the  plat  of  the  same, 
or  of  any  entry  made  on  their  books,  or  of  any  certificate  heretofore 
given  by  them,  twenty-five  cents  for  each;  and  for  any  genera]  inspec- 
tion of  the  book  of  surveys,  or  general  plat,  made  in  their  presence, 
twenty-five  cents. 

Sec.  13.  And  be  it  further  enacted,  That  the  superintendents  of  the 
public  sales,  to  be  made  by  virtue  of  this  act,  and  the  superintendents 
of  the  sales  which  have  taken  place  by  virtue  of  the  act,  intituled  "An 
act  providing  for  the  sale  of  the  lands  of  the  United  States  in  the  terri- 
tory northwest  of  the  river  Ohio,  and  above  the  mouth  of  Kentucky 
river,"  shall  receive  five  dollars  a  day  for  every  day  whilst  engaged  in 
that  business ;  and  the  accounting  ofiicers  of  the  treasury  are  hereby 
authorized  to  allow  a  reasonable  compensation  for  books,  stationery  and 
clerk  hire,  in  settling  the  accounts  of  the  said  superintendents. 

Sec.  14.  And  he  it  further  enacted,  That  the  fee  to  be  paid  for  each 
patent  for  half  a  section  shall  be  four  dollars,  and  for  every  section  five 
dollars,  to  be  accounted  for  by  the  receiver  of  the  same. 

Sec.  15.  And  be  it  further  enacted.  That  the  lands  of  the  United 
States  reserved  for' future  disposition,  may  be  let  upon  leases  by  the  sur- 
veyor-general, in  sections  or  half  sections,  for  terms  not  exceeding  seven 
years,  on  condition  of  making  such  improvements  as  he  shall  deem  rea- 
sonable. 

Sec.  16.  And  he  it  further  enacted.  That  each  person  who,  before  the 
passing  of  this  act,  shall  have  erected,  or  begun  to  erect,  a  grist-mill  or 
saw-mUl  upon  any  of  the  lands  herein  directed  to  be  sold,  shall  be  en- 
titled to  the  pre-emption  of  the  section  including  such  mill,  at  the  rate 
of  two  dollars  per  acre :  Provided,  the  person  or  his  heirs,  claiming  such 
right  of  pre-emption,  shall  produce  to  the  register  of  the  land  ofiice  satis- 
factory evidence  that  he  or  they  are  entitled  thereto,  and  shall  be  sub- 
ject to  and  comply  with  the  regulations  and  provisions  by  this  act  pre- 
scribed for  other  purchasers. 

Sec.  17.  And  he  it  further  enacted,  That  so  much  of  the  act,  pro- 
viding for  the  sale  of  the  lands  of  the  United  States  in  the  territory 
northwest  of  the  river  Ohio,  and  above  the  mouth  of  Kentucky  river, 
as  comes  within  the  purview  of  this  act,  be,  and  the  same  is  hereby 
repealed. 

Approved,  May  10,  1800. 


Statute  I. 

May  10,  1800. 

Repealed  by 
Act  of  May  1, 
1810,  ch.  44. 

Salaries  of 
public 
ters. 


Chap.  LVI.^-jfn  Act  to  OMcertain  the  eompen$al%on  cf  pubUe  MiniMter$»{d) 

Section  1.  JBe  it  enacted  hy  the  Senate  and  House  of  Representatvues 
of  the  United  States  of  America  in  Congress  assembled,  That  exclusive 
of  an  outfit  which  shall  in  no  case  exceed  the  amount  of  one  year's  full 
salary  to  any  minister  plenipotentiary  or  charg6  des  affaires,  to  whom 
the  same  may  be  allowed,  the  President  of  the  United  States  shall  not 
allow  to  any  minister  plenipotentiary  a  greater  sum  than  at  the  rate  of 
nine  thousand  dollars  per  annum,  as  a  compensation  for  all  his  personal 
services  and  expenses :  nor  a  greater  sum  for  the  same  than  four  thou- 
sand five  hundred  dollars  per  annum  to  a  charg6  des  affaires :  nor  a 
greater  sum  for  the  same  than  one  thousand  three  hundred  and  fifty 
dollars  per  annum  to  the  secretary  of  any  minister  plenipotentiary. 

Sec  2.  And  he  it  further  enacted.  That  where  any  sum  or  sums  of 
money  shall  be  drawn  from  the  treasury,  under  any  law  making  appro- 
priation for  the  contingent  expenses  of  intercourse  between  the  United 
States  and  foreign  nations,  the  President  shall  be,  and  he  hereby  is 
authorized  to  cause  the  same  to  be  duly  settled,  annually,  with  th«  ao- 

(d)  See  an  act  finng  the  compensation  of  pablte  ministers  and  eontfols,  residing  on  the  eoaat  of  Barbarf, 
and  for  other  porposes,  May  1, 1810,  chap.  44. 


Settlement  of 
accounts. 


SIXTH  (X)NGR£SS.    Sess.  I.  Gh.  57,  58.     1800. 


79 


oounling  officers  of  the  treasury  ia  manner  foUowing,  that  is  to  say : 
by  cauaing  the  same  to  be  accoanted  for  specially  in  alJ  instances 
wherein  the  expenditure  thereof  may  in  his  judgment  be  made  public, 
and  by  making  a  certificate  of  the  amount  of  such  expenditures  as  he 
may  tidnk  it  advisable  not  to  specify,  and  every  such  certificate  shall  be 
deoned  a  sufficient  voucher  for  the  sum  or  sums  therein  expressed  to 
have  been  expended. 

Approved,  May  10,  1800. 


Cbap.  LVn. — An  Jci  to  make  appropnaiiorufttr  the  Naoy  (ffht  Ohited  Staia^ 
during  ikt  year  one  ifunuand  eight  hundred. 

Section  I,  Be  it  enacted  hy  the  Senate  and  House  of  Representatives 
of  the  United  States  of  America  in  Congress  assembled,  That  for  de- 
fraying the  expenses  of  the  navy  of  the  United  States,  during  the  year 
one  thousand  eight  hundred,  there  shall  be,  and  hereby  is  appropriated 
the  som  of  two  millions,  four  hundred  and  eighty-two  thousand  nine 
hundred  and  fifly-three  dollars  and  ninety-nine  cents,  that  is  to  say :  for 
the  pay  of  the  officers  of  the  navy  of  the  United  States,  the  sum  of 
three  hundred  and  ninety-one  thousand  five  hundred  and  ninety-six  dol- 
lars ;  for  the  subsistence  of  the  officers  of  the  navy,  the  sum  of  seventy 
thousand,  seven  hundred  and  twenty-two  dollars  and  forty  cents ;  for 
the  pay  of  the  seamen,  the  sum  of  eight  hundred  and  eighteen  thousand 
three  hundred  and  forty  dollars;  for  provisions,  the  sum  of  six  hun- 
dred and  three  thousand,  six  hundred  and  forty-two  dollars  and  sixty- 
aeren  cents;  for  contingent  expenses,  including  the  waste  of  military 
stores,  the  expense  of  the  navy  store  at  Philadelphia,  comprising  store- 
keeper's salary,  clerk  hire,  store  rent,  labourers,  porterage  and  freight, 
and  fiH*  making  good  deficiencies  in  former  appropriations,  and  for 
similar  expenses  at  Boston,  Newport,  Baltimore,  Norfolk,  New  York, 
and  other  porta,  the  sum  of  three  hundred  and  ninety-three  thousand 
sx  hundred  dollars;  for  the  expense  of  hospitals,  medicines  and  hos- 
pital stores,  the  sum  of  thirty-two  thousand  six  hundred  and  forty-seven 
dollars  and  twenty  cents ;  for  the  support  of  the  revenue  cutters  while 
employed  in  the  navy  service,  the  sum  of  ten  thousand  dollars ;  for  the 
pay  of  the  officers,  non-commissioned  officers  and  privates  of  the  ma- 
rine corps,  the  sum  of  ninety-four  thousand,  seven  hundred  and  thirty- 
fimr  doUars ;  for  subsistence  of  the  officers  of  the  said  corps,  the  sum 
of  eig^  thousand  and  eighteen  dollars  and  sixty  cents ;  for  clothing  for 
the  said  corps,  the  sum  of  thirty-three  thousand  five  hundred  and  thirty 
dollars,  and  seventy-four  cents ;  for  military  stores  for  the  said  corps, 
the  sum  of  twelve  thousand  two  hundred  and  seventy-seven  dollars  and 
eighty-eight  cents ;  for  the  contingent  expenses  of  the  said  corps,  includ- 
ing camp  equipage,  quartermasters,  barrack-masters,  and  hospital  stores, 
and  bounties  and  premiums,  the  sum  of  thirteen  thousand  eight  hundred 
and  forty-four  dollars. 

Sec.  2.  And  be  it  farther  enacted,  That  the  aforesaid  appropriations 
shall  be  paid  out  of  any  monies  in  the  treasury  of  the  United  States, 
not  otherwise  appropriated. 

Approved,  May  10, 1800. 


Statvtx  I. 

May  10,  1800. 

[Obsolete.] 
Appropriatiooi. 


Statute  I. 


Cbap.  LYIII.— ^n  Jki  mmkmeniary  to  the  act  eniitUd    "Jn  aei  to  eftabUsh  m^j  iq  isoo 

the  neasury  Department.^'*  {a)  — - — '- 1 

Be  it  enacted  by  the  SenaU  and  House  of  Rgaresentativei  of  the  Doty  of  the 

Vmted  l^ates  of  Aaneriea  in  Congress  assembled.  That  it  shaU  be  the  Secreury  of  the 


(0)  Act  of  Seplember  2,  1780,  chap.  18. 


80 


SIXTH  CX>NQRESS.    Sesb.  I.  Ch.  69,  60.     1800. 


TrMiuM  to  Uy  daty  of  the  Secretary  of  the  Treasury  to  digest,  prepare  and  lay  before 
MtimAtM  oTSe  ^"if^®**  *^  ^^®  commencement  of  every  session,  a  report  on  the  saU 
reTonue.  j^ct  of  finance,  containing  estimates  of  the  public  revenoe  and  public 

expenditures,  and  plans  for  improving  or  increasing  the  revenues,  from 
time  to  time,  for  the  purpose  of  giving  information  to  Congress  in 
adopting  modes  of  raising  Uie  money  requisite  to  meet  the  public  expen- 
ditures. 

Appbovsd,  May  10,  1800. 


Statutb  L 

May  13,  1800. 

[OlMolet^.] 
ProTiaion  for 
ntisfying  rofo- 
latioa  warranta 
for  Virginia  mil- 
itary landa. 


1807,  eh.  81. 

ProTiao. 


In  caan  of 

•vietion,  war- 
nnta    may    bo 
withdrawn   and 
located   olao- 
whore. 


Statutb  I. 

May  13,  1800. 

[Repealed.] 
Landa  and 
dwelling  houses 
omitted  in  the 
Itata,  may  be 
entered  by  the 
enrveyors  of  the 
revenue. 

1801,  eh.  33, 
aec.  3. 


Chap.  LIX.— iln  Ad  to  ouikorize  ike  ianting  eerUtin  PaUnU. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Representatives 
of  the  United  States  of  America  in  Congress  assembled.  That  it  shall  be 
lawful,  and  the  proper  officer  is  hereby  authorized  to  issue  patents  on 
surveys,  which  have  been,  or  may  be  made  within  the  territory  reserved 
by  the  state  of  Virginia,  northwest  of  the  river  Ohio,  and  being  part  of 
her  cession  to  Congress,  on  warrants  for  military  services,  issued  in  pur- 
suance of  any  reBoTution  of  the  legislature  of  that  state,  previous  to  the 
passing  of  this  act,  in  favour  of  persons  who  had  served  in  the  Virginia 
line  on  the  continental  establishment:  Provided,  that- the  whole  quantity 
of  land  for  which  patents  shall  issue  by  virtue  of  this  act,  shall  not 
exceed  sixty  thousand  acres ;  and  that  the  surveys  aforesaid  shall  be 
completed  and  deposited  in  the  office  of  the  Secretary  of  War,  on  or 
before  the  first  day  of  December,  one  thousand  eight  hundred  and  three : 
And  provided  aiso,  that  this  act  shall  not  give  any  force  or  validity  to 
the  entries,  locations  or  surveys,  heretofore  made  in  pursuance  of  these 
warrants,  so  far  as  such  entries,  locations,  or  surveys,  interfere  in  any 
manner  with  those  of  persons  claiming  the  same  lands  under  entries, 
locations,  or  surveys,  heretofore  made  in  pursuance  of  warrants,  granted 
by  the  state  of  Virginia  to  the  officers  and  soldiers  in  the  line  of  that 
Btate  on  continental  establishment 

Sec.  2.  And  be  it  further  enacted.  That  in  every  case  of  interferinff 
claims  under  militaiy  warranto,  to  lands  within  the  territory  so  reserved 
by  the  state  of  Virginia,  when  either  party  to  such  claims  shall  lose,  or 
be  evicted  from  the  land,  every  such  party  shall  have  a  right,  and  hereby 
is  authorized  to  withdraw  his,  her  or  their  warrant,  respectively,  to  the 
amount  of  snch  loss  or  eviction,  and  to  enter,  survey,  and  patent  the 
same,  on  any  vacant  land  within  the  bounds  aforesaid,  and  in  the  same 
manner  as  other  warranto  may  be  entered,  surveyed  and  patented. 

Approved,  May  13,  1800. 


Chap.  hX^^An  Jd  to  enfarge  Me  powert  9f  8ufveyor§  ef  fhe  Revenue. 

Section  1.  Be  it  enacted  6y  the  Senate  and  House  of  Representatives 
of  the  United  States  of  America  in  Congress  assembled.  That  when- 
ever it  shall  appear  to  the  surveyor  of  the  revenue,  appointed  or  to  be 
appointed  in  any  assessment  district  within  the  United  States^  under 
the  act  intituled  "  An  act  to  provide  for  the  valuation  of  lands  and 
dweUing4iouse8,  and  the  enumeration  of  slaves  within  the  United 
Sutes,"  that  any  tract  of  land  or  dwelling-house,  situated  within  his 
said  district,  and  directed  by  the  said  act  to  be  included  in  the  listo 
thereby  required  to  be  rendered  and  kept,  hath  been  omitted  in  the  said 
lists,  then  and  in  every  such  case  it  shall  be  the  duty  of  such  surveyor, 
and  he  hereby  is  authorized  and  required  to  inform  himself  of  the  value 
of  such  tract  of  land  or  dwelling-house,  by  entry,  view,  or  other  lawful 
ways  and  means,  and  to  make  a  list  and  valuation  thereof,  in  the  form 
and  manner  prescribed  in  and  by  the  said  act,  and  to  enter  and  record 
the  said  listo  and  valuation  with  and  among  the  lists  and  valuations  by 


SIXTH  CONGRESS.    Sess.  I.  Gb.  60.     1800. 


81 


him  to  be  kept  and  recorded  pomuant  to  the  said  act ;  and  to  charge 
tlie  amoant  of  the  said  valuation  to  the  person  or  persons  to  whom  the 
same  ooffht  to  be  charged,  pursuant  to  the  said  act  and  to  the  act,  inti- 
tuled "  An  act  to  lay  and  collect  a  direct  tax  within  the  United  States ;" 
ind  that  where  anj  assessor,  no  list  having  been  rendered,  shall  have 
estimated  any  tract  of  unseated  land,  to  contain  a  greater  number  of 
acres  than  the  said  tract  shall  by  the  patent  or  survey  of  the  same  actu- 
aDy  appear  to  contain,  it  shall  appear  to  the  surveyor  of  the  assessment 
district  in  which  the  said  land  shall  be  situate,  by  the  production  of  the 
said  patent  or  survey  thereof,  that  there  has  been  a  mistake  in  estimat- 
ing the  said  number  of  acres,  it  shall  be  lawfhl  for  such  surveyor  to 
credit  the  proprietor  or  proprietors  thereof  with  the  number  of  acres 
»  overcharged:  Protncfe^, that  the  said  credit  shall  not  operate  to  lessen 
the  sum  directed  to  be  collected  by  virtue  of  the  present  law  to  lay  and 
collect  a  direct  tax :  And  provided  aho,  that  no  credit  shall  be  valid 
mitil  the  same  shaO  have  been  approved  by  the  inspector  of  the  survey, 
or  the  supervisor  of  the  district,  if  comprehending  but  one  survey  of 
inspection;  and  if  any  error  has  happened,  by  charging  any  person 
with  being  the  proprietor  of  any  tract  or  parcel  of  unseated  land,  who 
was  na(t  Sie  owner  thereof  on  the  first  day  of  October  one  thousand 
seven  hundred  and  ninety-eight,  or  by  assessing  to  any  person  any  tract 
or  parcel  of  unseated  land  more  than  once  as  proprietor  thereof,  it  shall 
be  lawful  in  aU  or  any  of  these  cases,  for  the  surveyor  of  the  district  in 
which  the  said  error  shall  have  happened,  to  correct  the  same  by  giving 
the  person  so  charged  such  credit  in  his  account  respecting  the  said 
land  as  may  be  just  and  equitable. 

Sbc.  2.  And  be  it  JurAer  enacted,  That  for  the  services  aforesaid, 
the  surveyors  of  the  revenue  shall  respectively  be  entitled  to,  and  *dceive 
from  the  United  States^  the  following  compensations,  that  is  to  say :  For 
every  tract  of  land  or  dwelling-house,  valued  and  recorded  as  aforesaid 
without  entry  and  view,  seventy-five  cents ;  for  every  tract  of  land  cmt 
dwelling-house  so  valued  and  recorded  with  entry  and  view,  two  dollars; 
for  every  mile  of  necessary  travel  in  ffoing  to  make  such  entry  and  view 
and  returning,  five  cents ;  and  that  the  accounts  for  the  said  compensfr- 
tioDs  shaU  be  presented  to  the  supervisors  of  the  districts  respectively, 
and  if  allowed  by  them,  shall  be  paid  by  them  and  credited  to  their 
accounts  respectively,  in  the  settlement  thereof  with  the  treasury  de- 
partment. 

Sbc.  3.  And  be  it  Jwiker  enacted,  That  whenever  any  person  shall 
have  been  charged,  pursuant  to  the  above-mentioned  acts  or  either  of 
them,  or  to  this  act,  with  the  amount  of  the  valuation  of  any  tract  of 
land  or  dweUing-honse ;  and  such  person,  or  his  or  her  legal  representa- 
tives or  assigns,  shall  afterwards  in  due  course  of  law  have  been  ejected 
from  such  land  or  dwelling-house,  or  have  had  a  decision  against  him, 
her  or  them,  upon  the  title  thereof,  then,  and  in  every  such  case,  it  shall 
be  the  duty  of  the  surveyor  of  the  revenue  within  whose  assessment  dis- 
trict the  said  land  or  dwelling-house  shall  be  situated ;  and  he  is  hereby 
authorized  and  required,  on  the  application  of  such  person,  or  of  his  or 
her  legal  rq)resentatives  or  assigns,  as  the  case  may  be,  and  on  the  pay- 
ment or  tender  by  them,  or  any  of  them,  of  the  suite  of  one  dollar  for 
every  such  tract  of  land  or  dwelling-house,  which  sum  the  said  surveyor 
is  hereby  authorized  to  demand  and  receive  in  such  case,  to  cancel  the 
valoation  on  such  land  or  dwelling-house,  so  far  as  respects  the  persons 
io  Mippljing,  and  to  discharge  him  or  her  therefirom. 

Approved,  May  13, 1800. 

Voun— II 


Unseated  landt 
eattmated  to 
contain  too 
large  a  quantity, 
may  be  exone- 
rated. 

1798,  cb.  to. 


Error  in  cbarg- 
ing   a   pereon 
woo  is  not  tbe 
owner;   or  in 
ebarging   the 
owner   more 
tban  once. 


Allowance  to 
the  ranreyoreof 
the  revenue. 


In  case  of 
legal  ejectment, 
the  penon 
charged  maybe 
exonerated* 


82 


SIXTH  CONGRESS.  Sbss.  I.  Ch.  61,  02,  63,  64.    1800. 


Statute  I. 
May  13,  ISOO. 

Act  of  Sept. 
24,  n89,ch.  &, 

Mode  of  se- 
lecting jurors. 


Statute  I. 
May  13, 1800. 

[Obsolete.] 
Appropriation 
for  eipenses  of 
treaties  wfth  the 
Indians. 


Statute  I. 
May  13,  1800. 

[Obsolete.] 
Accoants  of 
militia    who 
served  against 
the  Indians    in 
1794,  to  be  set. 
Ued. 


Statute  I. 

May  13,  1800. 

[Obsolete.] 
Act  of  April 

14, 1802,  ch.  26. 
A  sum  to  be 

retained  on 

drawbacks. 


Chap.  LXI.— ^n  Jet  to  amend  an  act  iniitukd^^Jn  act  to  estabUah  the  Juduiai 
Courti  if  the  UnUed  Statety 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled^  That  jurors  to  serve 
in  the  courts  of  the  United  States  shall  be  designated  by  lot,  or  other- 
wise, in  each  state  or  district  respectively,  according  to  the  mode  of 
forming  juries  to  serve  in  the  highest  courts  of  law  therein  now  prac- 
tised ;  so  far  as  the  same  shall  render  such  designation  practicable  by 
the  courts  and  marshals  of  the  United  States. 

Approved,  May  13, 1800. 


Chap.  LXU.— ^n  Jet  to  i^ppropriaie  a  eerUnn  sum  if  money  to  drfray  the  ex- 
pense  tf  holding  a  treaty  or  treaties  with  the  Indians, 

Section  1.  lie  it  enacted  by  the  Senate  and  House  of  Representatives 
of  the  United  States  of  America  in  Congress  assembled,  That  a  sum  not 
exceeding  fifteen  thousand  dollars  be  appropriated,  to  defray  the  expense 
of  such  treaty  or  treaties,  as  the  President  of  the  United  States  shall 
deem  it  expedient  to  hold  with  the  Indians  south  of  the  river  Ohio : 
Provided,  nothing  in  this  act  contained  shall  be  construed  to  admit  an 
obligation  on  the  part  of  the  United  States  to  extinguish,  for  the  benefit 
of  any  state  or  individual  citizen,  Indian  claims  to  any  lands  lying  within 
the  limits  of  the  United  States ;  and  that  the  compensation  to  be  allowed 
to  any  of  the  commissioners,  who  may  be  appointed  for  negotiating  such 
treaty  or  treaties,  shall  not  exceed,  exclusive  of  travelling  expenses,  the 
rate  of  eight  dollars  per  day  during  the  time  of  actual  service  of  such 
commissioner. 

Sec.  2.  And  be  it  Jurther  enacted.  That  the  sum  aforesaid  shall  be 
paid  out  of  any  monies  in  the  treasury  of  the  United  States  not  other- 
wise appropriated. 

Approved,  May  13,  1800. 


Crap.  LXIIl.^d^fi  Jd  directing  the  payment  tfa  detachment  if  the  militia  un- 
der  the  command  tf  Major  nomas  Johnson^  in  the  year  one  thousand  seven 
hundred  and  ninetyfour. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  proper  accounting 
ofiicers  of  the  treasury  be,  and  they  are  hereby  authorized,  to  settle  the 
accounts  of  the  militia,  who  served  on  an  expedition  commanded  by 
Major  Thomas  Johnson  against  the  Indians,  in  the  year  one  thousand 
seven  hundred  and  ninety-four,  and  that  the  same  be  paid  oat  of  any 
monies  in  the  treasury  not  otherwise  appropriated. 

Approved,  May  13, 1800. 


Chap.  LXIV.— «ffn  Jet  to  retain  a  further  sum  on  drawbacks^  for  the  expenses 
incident  to  the  edlovoanee  and  payment  thereof,  and  in  Heu  (f  starry  duties  on 
debentures. 

Section  I.  Beit  enacted  by  the  Senate  and  House  of  Representatives 
of  the  United  States  of  America  in  Congress  assembled.  That  from  and 
after  the  thirtieth  day  of  June  next,  two  and  one  half  per  centum  on  the 
amount  of  all  drawbacks,  aUowed  or  to  be  allowed  by  law,  upon  and  for 
the  re-exportation  from  the  United  States  of  goods,  wares,  or  merchan- 
dises imported  thereinto,  shall  be  retained  for  the  use  of  the  United 
States,  by  the  collectors  paying  such  drawbacks  respectively;  and  in  ad- 
dition to  the  sum  of  one  and  one  quarter  per  centum  heretofore  directed 
by  law  to  be  so  retained. 


SIXTH  CONGRESS.    Sess.  I.  Ch.  65.     1800. 


83 


Sbc.  2.  And  he  it  further  enacted.  That  in  case  of  the  re-exportation 
from  the  United  States  of  goods,  wares,  and  merchandises,  imported 
thereinto  in  foreign  ships  or  vessels,  no  part  of  the  additional  duty  im- 
posed bjr  law  on  such  goods,  wares,  and  merchandises,  on  account  of 
their  importation  in  such  ships  or  vessels,  shall  be  allowed  to  be  draw- 
back; but  that  the  whole  of  the  said  additional  duty  shall  be  retained  in 
manner  aforesaid,  in  addition  to  the  rate  per  centum  by  this  and  former 
acts  directed  to  be  retained. 

Afproted,  May  13, 1800. 


No  drawbacks 
allowed  on 
goodf  imported 
in   foreign  vea- 
sela. 


Chaf.  LX.  V.~^  At  to  authorize  certain  exoendituree^  and  to  make  certain  appro* 
priationa  for  the  year  one  thouaand  eight  hundred* 

Section  I.  Be  it  enacted  hy  the  Senate  and  House  of  Representatives 
efthe  United  States  of  America  in  Congress  assembled,  That  the  secre- 
tary of  the  Senate,  and  the  clerk  of  the  House  of  Representatives,  re- 
spectively, shall  have  allowed  to  them,  in  the  settlement  of  their  accounts 
with  the  treasury  department,  the  expenses  by  them  respectively  incur- 
red, poTBoant  to  the  directions  of  the  joint  committee  of  Che  two  houses, 
in  the  various  measures  adopted  by  the  said  committee  for  doing  honour 
to  the  memory  of  George  Washington,  late  President  of  the  United 
States;  and  that  a  sum  not  exceeding  three  thousand  two  hundred  dol- 
lars shall  be  and  hereby  is  appropriated  for  defraying  the  said  expenses. 

Skc.  2.  And  be  it  further  enacted,  That  the  President  of  the  United 
States  shall  be,  and  hereby  is  authorized  and  empowered  to  cause  to 
be  given,  daring  the  present  year,  to  the  Choctaw  nation  of  Indians, 
such  presents,  not  exceeding  the  value  of  two  thousand  dollars,  as  he 
shall  judge  most  suitable ;  and  that  the  sum  of  two  thousand  dollars 
shall  be  and  hereby  is  appropriated  for  that  purpose. 

Sbc.  3.  And  be  it  further  enacted.  That  the  President  of  the  United 
States  shall  be,  and  hereby  is  authorized  and  empowered  to  cause  to  be 
expended  a  sum  not  exceeding  five  thousand  dollars,  for  the  reimburse- 
ment of  such  reasonable  advances  of  money  as  have  heretofore  been,  or 
before  the  first  day  of  September  next  may  be  made  by  consuls  of  the 
United  States,  in  making  and  supporting  the  claims  of  American  citizens 
for  captured  property,  before  the  tribunals  of  foreign  countries;  and  that 
the  sum  of  five  thousand  dollars  shall  be  and  hereby  is  appropriated  for 
that  purpose. 

Sec.  4.  And  be  it  further  enacted.  That  the  sum  of  forty-four  thou- 
sand dollars  shall  be,  and  hereby  is  appropriated  for  defi-aying  the  ex- 
pense that  has  been,  or  during  the  present  year  may  be  incurred  by  the 
payment  of  costs,  in  prize  causes  before  the  court  of  admiralty  and  court 
of  appeals  in  England. 

Sec.  5.  And  he  it  further  enacted,  That  for  defraying  the  expense 
incident  to  the  visits  of  Indians  to  the  seat  of  government,  the  sum  of 
seven  thousand  five  hundred  dollars  shall  be  and  hereby  is  appropriated. 

Sec.  6.  And  be  it  further  enacted.  That  for  defraying,  during  the 
present  year,  the  additional  compensations  granted  in  the  present  session 
to  the  secretary  of  the  Senate,  and  clerk  of  the  House  of  Representa- 
tives, and  to  the  clerks  in  their  respective  offices,  the  sum  of  one  thou- 
sand five  hundred  dollars  shall  be  and  hereby  is  appropriated. 

Sec.  7.  And  be  it  further  enacted.  That  for  defraying  the  expenses 
incident,  during  the  present  year,  to  the  establishment  of  the  general 
stamp  office,  including  the  salary  of  the  superintendent  of  stamps,  clerk 
hire,  office  rent,  and  ^1  contingent  expenses,  the  sum  of  four  thousand 
doDars  shall  be  and  hereby  is  appropriated. 

Sbc.  8.  And  he  it  fitrther  enacted.  That  for  defraying,  daring  the 
present  year,  the  expense  incident  to  the  establishment  of  the  govern- 


Statutb  L 
May  13,  1800. 

[Obsolete.] 
Allowance  to 
the  Secretai7  of 
the  Senate  and 
Clerk    of  the 
House. 


Pretenta  to 
the  Choctow  In- 
dians. 


Reimburse- 
ment for  ad- 
vances for 
claims  to  cap- 
tured property. 


Various    ap- 
propriations. 


Ante,  page  58. 


Ante,  page  68. 


84 


SIXTH  CX>NGRESS.    Sua.  I.  Cp.  66.    1800. 


Variouf  ap. 
propiiationt. 


men!  of  the  Indiana  territory,  including  the  salary  of  the  ffoyemor, 
judffes  and  secretary,  and  all  contingent  expenses,  the  sum  of  four  thou- 
sand dollars  shall  be  and  hereby  is  appropriated. 

Sec.  9.  And  be  it  fitrthcr  enacted,  That  for  defraying  the  expense 
incident  to  the  exploring  of  copper  mines  on  (^ake  Superior,  the  sum  of 
one  thousand  five  hundred  dollars  shall  be  and  hereby  is  appropriated. 

Sec.  10.  And  be  it  further  enacted,  That  there  be  appropriated  for 
the  present  year,  the  sum  of  one  hundred  thousand  dollars,  to  be  applied 
to  the  fortification  of  the  ports  and  harbors  of  the  United  States,  in  aid 
of  the  sums  heretofore  appropriated  for  that  purpose  and  remaining  un- 
expended. 

Sec  11.  And  be  itfitrther  enacted,  That  the  aforesaid  appropriations 
shall  be  paid  out  of  any  money  in  the  treasury  of  the  United  States  not 
otherwise  appropriated. 

Approted,  May  13,  1800 


Statute  I. 


May  13,  1800.  Chap.  LXVI.— ^n  Jd  to  lay  additional  duties  on  certain  article$  imported. 


[Obsolete.] 

Act  of  April  27, 
1816,  ch.  107. 

Additional  da- 
tiet  on  sugar, 
molasses  and 
soch  articles  as 
have  paid  ten 
per  cent. 


Duties  on  wines. 


Additional  du« 
on  such  arti- 
M  imported  in 
foreign  Tessels. 


% 


How  tho  du- 
ties are  to  bo 
collected. 


Additional 
drawback  on  su. 


Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Representatives 
of  the  United  States  of  America  in  Congress  assembled.  That  from  and 
after  the  thirtieth  day  of  June  next,  the  following  duties,  in  addition  to 
those  now  in  force,  and  payable  on  the  several  artides  herein  after 
enumerated,  shall  be  laid,  levied,  and  collected  upon  those  articles  re- 
spectively, at  their  importation  into  the  United  States  from  any  foreign 
port  or  place,  that  is  to  say ;  upon  all  brown  sugar,  one  half  cent  per 
pound ;  upon  all  sugar  candy,  two  cents  and  one  half  per  pound;  upon 
all  molasses,  one  cent  per  gallon ;  and  upon  all  goods,  wares  and  mer- 
chandises now  paying  a  duty  of  ten  per  centum  ad  valorem,  two  and 
one  half  per  centum  ad  valorem. 

Sec.  2.  And  he  it  further  enacted.  That  fi-om  and  after  the  thirtieth 
day  of  June  next,  the  duties  now  imposed  and  payable  on  wines,  im- 
ported into  the  United  States  from  any  foreign  port  or  place,  shall  cease 
and  be  abolished ;  and  that  in  lieu  thereof  the  following  duties  sliall 
thenceforth  be  laid,  levied,  and  collected,  upon  all  wines  so  imported 
in  casks,  bottles,  or  other  vessels,  that  is  to  say :  upon  all  Malmsey, 
Madeira,  and  London  particular  Madeira  wine,  fifty-eiffht  cents  per 
gallon ;  upon  all  other  Madeira  wine,  fifty  cents  per  gallon ;  upon  all 
Burgundy,  Champaign,  Rhenish,  and  Tokay  wine,  forty-five  cents  per 
gallon ;  upon  aU  Sherry  wine,  forty  cents  per  gallon ;  upon  all  Saint 
Lucar  wine,  forty  cents  per  eallon  ;  upon  all  claret  and  other  wines  not 
enumerated,  when  imported  in  bottles  or  cases,  thirty-five  cents  per 
gallon ;  upon  all  Lisbon,  Oporto,  and  other  Portugal  wines,  thirty  cents 
per  gallon ;  upon  all  Tenerifie,  Fayall,  Malaga,  Saint  George  and  other 
Western  Island  wine,  twenty-eight  cents  per  gallon ;  and  upon  all  other 
wines  when  imported  otherwise  than  in  bottles  or  cases,  twenty-three 
cents  per  gallon. 

Sec.  3.  And  be  it  fitrther  enacted,ThtA  an  addition  often  per  centum 
shall  be  made  to  the  several  rates  of  duties  above  specified  and  imposed, 
in  respect  to  all  such  goods,  wares,  and  merchandises  as  aforesaid,  as 
shall,  after  the  said  thirtieth  day  of  June,  be  imported  in  ships  or  vessels 
not  of  the  United  States. 

Sec  4.  And  be  it  further  enacted.  That  the  duties  laid  by  this  act 
shall  be  levied  and  collected  in  the  same  manner,  and  under  the  same 
regulations  and  allowances  as  to  drawbacks,  mode  of  security,  and  time 
of  payment  respectively,  with  the  several  duties  now  in  force  on  the 
respective  articles  herein  before  enumerated. 

Sec  5.  And  be  it  further  enacted.  That  on  account  of  the  additional 
duties  laid  on  brown  sugar  and  molasses  by  this  act,  the  following  sums 


SIXTH  CONGRESS.    Sesb.  I.  Ch.  67,  68,  69.     1800. 


85 


mpectivelj  abaU,  from  and  after  the  thirty-first  day  of  December  next, 
be  added  to  the  drawbacks  now  allowed  by  law,  oir  sn^ar  refined  within 
the  United  States  and  exported  therefrom,  and  on  spirits  distilled  from 
mnlsnnrn  within  the  UnitCMl  States  and  exported  therefrom,  that  is  to  say : 
On  aD  sugar  so  refined  and  exported,  one  cent  per  pound ;  and  on  all 
ipixits  ao  distilled  and  exported,  one  cent  per  gallon ;  which  additional 
drawbacks  shall  be  allowed  and  paid  according  to  the  regulations  now 
cstabliahed  by  law,  respecting  the  present  drawbacks  allowed  on  the  said 
artidea 

Sbc  6.  And  he  it  fitriker  enacted,  That  the  proceeds  of  the  duties, 
laid  by  this  act,  shall  be  solely  appropriated  and  applied  for  the  discharge 
of  the  interest  and  principal  of  the  debts  of  the  United  States,  heretofore 
oontncted,  or  to  be  contracted  during  the  present  year. 

Appbovbd,  May  13, 1800. 


gar  refined,  and 
■piritt   distilled 
irom  molaMea 
in   the    United 
Sutes. 


Repealed  April 
6,1802. 


Appropriation 
of  the  proceeds 
of  these  duties 


Statute  I. 

May  13,  1800. 

[Obsolete.] 
Congress  to 


Cbap.  LJLYiL— ^  M  appoifiiing  the  Ume^  and  directing  the  place  of  the  next 
meeting  cf  Congreaa* 

Be  U  enacted  by  the  Senate  and  House  of  Rmresentatives  of  the       conmss  to 
United  States  of  America  in  Congress  assembled,  That  the  session  of   !l^^  ^  ^^'f 
Congress  next  ensuing  the  present  shall  be  held  at  the  city  of  Washing-   igoo/^  ^^    ^^' 
too,  ID  the  District  of  Columbia,  and  said  session  shall  commence  on  the 
thiid  Monday  of  November,  one  thousand  eight  hundred. 

Approtbd,  May  13, 1800. 


— —  Statute  I. 

CaiP.  LXVIII«— uftoiA6<  to  make  prooisum  relative  to  rations  for  Indians^  and    May  13,  1800. 
to  their  visits  to  the  seat  tf  Government.  

SscTKHf  1.  Beit  enacted  by  the  Senate  and  House  of  Representatives 
of  the  United  States  of  America  in  Congress  assembUd,  That  the  Pre- 
adent  of  the  United  States  shall  be,  and  hereby  is  authorized  and  em- 
powered to  cause  such  rations  as  he  shall  judge  proper,  and  as  can  be 
q»red  from  the  army  provisions  without  injury  to  the  service,  to  be  issued 
under  such  regulations  as  he  shall  think  fit  to  estabUsh,  to  Indians  who 
may  visit  the  military  posts  of  the  United  States  cm  the  frontiers,  or 
within  their  respective  nations. 

Sbc.  2.  And  be  it  further  enacted.  That  the  President  of  the  United 
States  shall  be,  and  hereby  is  fiirther  authorized  and  empowered  to  cause 
to  be  defrayed,  on  the  part  of  the  United  States,  the  reasonable  expenses 
of  such  Indians  as  may  from  time  to  time  visit  the  seat  of  government 
thereof,  fi)r  their  journeys  to,  stay  at,  and  return  from  the  same ;  and 
also  to  cause  to  be  given  to  such  Indians,  during  their  stay  as  afcHresaid, 
such  presents  as  he  shall  judge  necessary. 

Sbc.  3.  And  he  it  further  enacted.  That  a  separate  account  of  all 
rations  issued,  and  expenses  defrayed  as  aforesaid,  and  of  the  expendi- 
tnres,  oceamoned  by  such  presents  as  are  aforesaid,  shall  be  kept  at  the 
department  of  war. 

AmovKD,  May  13, 1800. 


ProTisions  to 
be  issaed  to  the 
Indians    who 
Tisit   military 
posts. 


Eipenses  of 
Indians  who  vi- 
sit the  seat  of 
government  of 
the  U.  States  to 
be  paid. 


Cbap.  IJSSX^^'^ndctsappkmeidarytoihead  to  suspend  part  of  an  aetf  intituled 
**An  ad  to  augment  the  JUrmy  of  the  United  States^  and  for  other  purposes  " 

Sbction  1.  Beit  enacted  by  the  Senate  and  House  of  Representatives 
of  the  United  States  of  America  in  Congress  assembled.  That  it  shall 
be  lawful  for  the  President  of  the  United  States  to  suspend  any  fur- 
ther military  appointments,  under  the  act  to  augment  the  army  of 
the  United  States,  and  for  other  purposes;  and  under  the  ninth  section 
of  the  act  for  the  better  organizing  of  the  troops  of  the  United  States, 

H 


Statute  J. 

May  14,  1800. 

[Obsolete.] 
Act  of  March 
16,  1802,  ch.  9. 
Further  sp- 

Kintmenta  may 
suspended. 

1798,  ch.  70. 
17?9,  ch.  Mi. 


86 


SIXTH  CONGRESS.    Sess.  1.  Cu.  70.    Resolutions.     1800. 


Officers  and 
men  may  be  dis- 
charged. 


Exceptions. 


Three  months 
extra  pay  allow- 
ed. 


and  for  other  purposes ;  according  to  bis  discretion,  having  reference 
to  economy  and  the  good  of  the  service. 

Sec.  2.  And  be  it  further  enacted,  That  the  President  of  the  United 
States  shall  be,  and  hereby  is  authorized  and  empowered  to  discharge, 
on  or  before  the  fifteenth  day  of  June  next,  all  such  officers,  non-com- 
missioned officers  and  privates,  as  have  heretofore  been  appointed,  com- 
missioned, or  raised,  upder  and  by  virtue  of  the  said  acts,  or  either  of 
them,  except  the  engineers,  inspector  of  artillery,  and  inspector  of  for- 
tifications. Provid&d  always,  that  nothinff  in  this  act  contained  shall 
be  construed  to  authorize  any  reduction  of  the  first  four  regiments  of 
infantry,  the  two  regiments  of  artillerists  and  engineers,  the  two  troops 
of  light  dragoons,  or  of  the  general  and  other  staff,  authorized  by  the 
several  laws  for  the  establishing  and  organizing  of  the  aforesaid  corps. 

Sec.  3.  And  be  it  further  enacted.  That  to  each  officer,  non-commis- 
sioned ofiicer  ^nd  private,  who  shall  be  discharged  fi'om  service  by  virtue 
of  this  act,  there  shall  be  allowed  and  paid,  in  addition  to  the  pay  and 
allowances  to  which  they  are  now  entitled  by  law,  a  sum  of  money  equal 
to  three  months  pay  of  such  ofiicer,  non-commissioned  ofiicer  and  private 
respectively. 

Approved,  May  14, 1800. 


Statute  I. 

May  14,  1800. 

[Obsolete.] 
Act  of  March 
3,  1801,  ch.  21. 
The  Mint  to 
remain  in  Phila- 
delphia. 


Chap.  LXX.— ^in  Jet  sunplemeniary  to  the  act  egtabUthing  the  MirU^  and  regu- 
lattng  the  eoin»  cf  the  Untied  States. 

Be  it  enacted  by  the  Senate  and  House  of  Rm-esentatives  of  the 
United  States  of  America  in  Congress  assembled,  That  until  the  fourth 
day  of  March  one  thousand  eight  hundred  and  one,  the  mint  shall 
remain  in  the  city  of  Philadelphia,  and  be  carried  on  as  heretofore  under 
the  laws  now  in  force ;  any  law  to  the  contrary  notwithstanding. 

Approved,  May  14,  1800. 


Dec.  24,  1799. 

Relative  to  the 
death  of  General 
Washington. 


RESOLUTIONS. 

I.  Resolved  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  a  marble  monument  be 
erected  by  the  United  States,  in  the  Capitol,  at  the  city  of  Washington, 
and  that  the  family  of  General  Washington  be  requested  to  permit  his 
body  to  be  deposited  under  it ;  and  that  the  monument  be  so  designed 
as  to<Joramemorate  the  great  events  of  his  military  and  political  life. 

And  be  it  further  resolved,  Th^i  there  be  a  funeral  procession  from 
Congress  Hall  to  the  German  Lutheran  Church,  in  honour  of  the  memory 
of  General  George  Washington,  on  Thursday  the  twenty-sixth  instant, 
and  that  an  oration  be  prepared  at  the  request  of  Congress,  to  be  deliv- 
ered before  both  houses  on  that  day ;  and  that  the  President  of  the 
Senate,  and  Speaker  of  the  House  of  Representatives,  be  desired  to  re- 
quest one  of  the  members  of  Congress  to  prepare  and  deliver  the  same. 

And  be  it  further  resolved.  That  it  be  recommended  to  the  people  of 
the  United  States  to  wear  crape  on  the  left  arm  as  mourning,  for  thirty 

days. 

And  be  it  further  resolved.  That  the  President  of  the  United  States 
be  requested  to  direct  a  copy  of  these  resolutions  to  be  transmitted  to 
Mrs.  Washington,  assuring  her  of  the  profound  respect  CongrM  will 
ever  bear  to  her  person  and  character;  of  their  condolence  on  the  late 
afflicting  dispensation  of  Providence ;  and  intreating  her  assent  to  the 
interment  of  the  remains  of  General  George  Washington,  in  the  manner 
expressed  in  the  first  resolution.  ,^  .     •  « 

And  be  it  further  resolved,  That  the  President  of  the  United  States 


SIXIH  €X)NGR£SS.     Sess.  1.  Resolutions.     1800. 


87 


be  requested  to  issue  a  proclamation,  notifying  to  the  people  throughout 
tbe  United  States  the  recommendation  contained  in  the  third  resolution. 
Approved,  December  24,  1799. 


n.  Rbsolted  hy  the  Senate  and  House  of  Representatives  of  the  Uni" 
ted  States  of  America  in  Congress  assembled,  That  it  be  recommended  to 
tbe  people  of  the  United  Sutes  to  assemble  on  the  twenty-second  day 
of  February  next,  in  such  numbers  and  manner  as  may  be  convenient, 
pablidy  to  testify  their  grief  for  the  death  of  General  George  Washing- 
ton, by  suitable  eulogies,  orations  and  discourses,  or  by  public  prayers. 

And  it  is  further  resolved,  That  the  President  be  requested  to  issue 
a  proclamation  for  the  purpose  of  carrying  the  foregoing  resolution 
into  effect 

Approved,  January  6,  1800. 


m.  Resolved  &y  the  Senate  and  House  of  Representatives  of  the  Unx* 
ted  States  of  America  in  Congress  assembled,  That  the  Secretai7  of  State 
be,  and  he  is  hereby  authorized  and  directed  to  procure  and  transmit 
to  the  governor  of  the  state  of  North  Carolina,  a  number  of  the  copies 
of  tbe  laws  of  the  United  States,  equal  to  the  number  which  the  Secre- 
tary was  heretofore  authorized  to  transmit  to  the  governor  of  the  said 
stale  by  an  act,  intituled  '<  An  act  for  the  more  general  promulgation 
of  the  laws  of  the  United  States,"  to  be  deposited  and  distributed 
agreeably  to  the  provisions  of  the  said  act,  for  the  use  and  information 
of  the  citizens  of  the  United  States  within  the  said  state. 

Approved,  February  3,  1800. 


lY.  Resolved  by  the  Senate  and  House  of  Representatives  of  the  Uni- 
ted States  of  America  in  Congress  assembled,  That  the  President  of  the 
United  States  be  requested  to  present  to  Captain  Thomas  Truxton,  a 
golden  medal,  emblematical  of  the  late  action  between  the  United 
States  frigate  Constellation,  of  thirty-eight  guns,  and  the  French  ship 
of  war  La  Vengeance,  of  fifly-four ;  in  testimony  of  the  high  sense  en- 
tertained by  Congress  of  his  gallantry  and  good  conduct  in  the  above 
engajrement,  wherein  an  example  was  exhibited  by  the  captain,  officers, 
sailors,  and  marines,  honourable  to  the  American  name,  and  instructive 
to  its  rising  navy. 

And  it  is  further  resolved.  That  the  conduct  of  James  Jarvis,  a  mid- 
shipman in  said  frigate,  who  gloriously  preferred  certain  death  to  an 
abandonment  of  his  post,  is  deserving  of  the  highest  praise,  and  that  the 
loss  of  so  promising  an  officer  is  a  subject  of  national  regret 

Approved,  March  29,  1800. 


Jan.  6,  1800. 

Relatiye  to  the 
death  of  General 
Washington. 


Feb.  3, 1800. 

Laws  for  North 
Carolina. 


March  29,  1800. 

In  honour  of 
CipUin  Trux- 
ton, fcc. 


v.  Reaoluium  retpeding  the  Copper  Mines  on  the  south  tide  (f  Lake  Superior. 

ResoLTED  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America,  in  Congress  assembled,  That  the  President  of  the 
United  States  be  authorized  to  employ  an  agent,  who  shall  be  instructed 
to  collect  all  material  information  relative  to  the  copper  mines  on  the 
south  side  of  Lake  Superior,  and  to  ascertain  whether  the  Indian  title 
to  such  lands  as  might  be  required  for  the  use  of  the  United  States,  in 
case  they  should  deem  it  expedient  to  work  the  said  mines,  be  yet  sub- 
sisting, and  if  so,  the  terms  on  which  the  same  can  be  extinguished. 
And  that  the  said  agent  be  instructed  to  make  report  to  the  President 
in  sach  time,  as  the  information  he  may  collect  may  be  laid  before  Con- 
gress at  their  next  session. 

APPROVP.D,  April  16,  1800. 


April  16,  1800. 

Copper  mines 
on  Laae  Supe- 
rior. 


ACTS  OF  THE  SIXTH  CONGRESS 


UNITED   STATES, 

Poised  at  the  second  sesnan,  which  was  begun  and  held  at  the  CUy  of 
WashinffUm^  in  the  District  of  Cobtmbia,  on  Monday,  ^  seventeenth 
day  ofNovmber,  1800,  and  ended  on  the  third  day  of  March,  1801. 

John  Ai^amb,  President;  Thomas  Jefferson,  Vice  President  of  the 
United  States,  and  President  of  the  Senate;  James  Hillhouse, 
President  of  the  Senate  pro  tempore,  from  the  2d  of  March,  1801 ; 
Theodore  Sedgwick,  Speaker  of  the  House  of  Representatives. 

STATUl'E  n. 


Dec.  15, 1800. 

[Obtolett.] 
PriTilege  of 
fVanking  lettera 
to  the  delegate 
from  the  terri- 
tonr  northweet 
of  ue  lifer  Ohio. 


Vol.  i.  733. 


Delegate  to 
reeeiTO  lettera 
free  of  postage. 


Compenaatioa 
todel^^te  from 
the  territory. 


1796,  cb.  3. 


Statute  IT. 
Jan.  30,  1801. 


Lighthouee  to 
be  erected  on 
Cape  Poge. 


Chap.  I.— ^n  M  extending  the  privi^ 
the  Territory  tf  the  Vhiied  Staiee, 
profrition  for  lui  eompeneation* 


lege  (f  franking  UUere  to  the  Dek&aefrom 
northvfeMt-ef  the  river  Ohio  f  and  making 


Section  \.  Beit  enacted  by  the  Senate  and  House  of  Ranresentatives 
of  the  United  States  of  America  in  Congress  assembled.  That  the  pre- 
sent delegate  to  Congress  from  the  territory  of  the  United  States,  north- 
west of  the  river  Ohio,  and  every  future  delegate  from  the  said  territory, 
shall  be  entitled  to  the  privilege  of  sending  and  receiving  letters,  free 
of  postage,  on  the  same  terms,  and  under  the  same  restrictions,  as  are 
provided  for  the  members  of  the  Senate  and  of  the  House  of  Represen- 
tatives of  the  United  States,  by  the  act  intituled  "  An  act  to  establish 
the  post^ffice  of  the  United  Sutes." 

Sec.  2.  And  be  it  further  enacted,  That  the  present  delegate  from 
the  aforesaid  territory  be  authorized  to  receive,  free  of  postage,  under 
the  said  restrictions,  any  letters  directed  to  him,  and  which  shall  have 
arrived  at  the  seat  of  government,  prior  to  the  passage  of  this  act. 

Sec.  3.  And  be  it  fia^her  enacted,  That  the  said  delegate,  and  every 
future  delegate  from  the  territory  of  the  United  States,  northwest  of  the 
river  Ohio,  shall  receive  for  his  travelling  expenses  and  attendance  in 
Congress,  the  same  compensation  as  is,  or  may  be  allowed,  by  law,  to 
the  members  of  the  House  of  Representatives  of  the  United  States;  to 
be  certified  and  paid  in  the  same  manner. 

Approved,  December  15, 1800. 


'hthouee  on 


Chap.  III. — Jn  M  to  provide  for  the  erection  and  mpportof  a 
Qqte  Poge,  at  the  northeagterly  part  of  Martha's  Ftneyi 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Representa' 
Hoes  of  the  United  States  of  America  in  Congress  assembled.  That 
the  Secretary  of  the  Treasury  shall  be,  and  he  is  nereby  authorized  and 
directed  to  cause  a  sufficient  lighthouse  to  be  erected  on  Cape  Poge  (so 
called)  on  Martha's  Vineyard,  in  the  state  of  Massachusetts,  and  to 
appoint  a  keeper,  and  otherwise  to  provide  for  the  support  of  such  light- 
house at  the  expense  of  the  United  States:  Provided,  that  sufficient 
land  for  the  accommodation  of  such  lighthouse,  together  with  the  juris- 
diction thereof,  shaJl  be  duly  and  leguly  granted  to,  and  vested  in  the 
United  Siates. 


SIXTH  CONGRESS.    Sess.  II.  Ch.  4.     1801. 


Sic.  2.  And  be  iifia^ker  enacted,  That  there  shall  be,  and  herebj  b 
qtpropriated  for  the  erection  of  said  lighthouse  on  Gape  Poge,  a  sum 
not  exceeding  two  thousand  dollars,  to  be  paid  out  of  any  monies  which 
may  be  in  the  treasury  of  the  United  States,  not  otherwise  appropriated. 

Afpbotsd,  January  30,  1801. 


Chap.  I V.— ^n  Jid  to  provide  for  the  more  convenient  organizaiion  tf  the  Cburte 
if  the  United  Staiee. 

Sbction  I.  Be  it  enacted  hy  the  Senate  and  House  of  Rwresen- 
tatives  of  the  United  States  of  America  in  Congress  assemblea,  That 
from  and  after  the  next  session  of  the  Supreme  Court  of  the  United 
Stales,  the  said  court  shall  be  hdden  by  the  justices  thereof,  or  any  four 
of  them,  at  the  city  of  Washington,  and  shall  have  two  sessions  in  each 
and  every  year  thereafter,  to  commence  on  the  first  Monday  of  June  and 
December  respectively;  and  that  if  four  of  the  said  justices  shall  not 
attend  within  ten  days  after  the  times  hereby  appointed  for  the  com- 
mencement of  the  said  sessions  respectively,  the  said  court  shall  be  con- 
tinued over  till  the  next  stated  session  thereof:  Provided  always,  that 
any  one  or  more  of  the  said  justices,  attending  as  aforesaid,  shall  have 
power  to  make  all  necessary  orders  touching  any  suit,  action,  appeal, 
writ  of  error,  process,  pleadings,  or  proceeding,  returned  to  the  said 
court  or  depending  therein,  preparatory  to  the  hearing,  trial  or  deci- 
sion of  such  action,  suit,  appeal,  writ  of  error,  process,  pleadings  or 
proceedings. 

Sec  2.  And  be  it  further  enacted,  That  the  said  court  shall  have 
power,  and  is  hereby  authorized,  to  issue  writs  of  prohibition,  manda- 
mus, scire  facias,  habeas  corpus,  certiorari,  procedendo,  and  all  other 
writs  not  specially  provided  for  by  statute,  which  may  be  necessary  for 
the  exercise  of  its  jurisdiction,  and  agreeable  to  the  principles  and 
usages  of  law. 

Sec.  3.  And  be  it  further  enacted,  That  from  and  after  the  next  va- 
cancy that  shall  happen  in  the  said  court,  it  shall  consist  of  five  justices 
only;  that  b  to  say,  of  one  chief  justice,  and  four  associate  justices. 

Sec.  4.  And  be  it  further  enacted,  That  for  the  belter  establishment 
of  the  circuit  courts  of  the  United  States,  the  said  states  shall  be,  and 
hereby  are  divided  into  districts,  in  manner  following;  that  is  to  say, 
one  to  consist  of  that  part  of  the  state  of  Massachusetts,  which  is  called 
the  district  of  Maine,  and  to  be  called  the  district  of  Maine;  one  to 
consist  of  the  state  of  New  Hampshire,  and  to  be  called  the  district  of 
New  Hampshire ;  one  to  consist  of  the  remaining  part  of  the  state  of 
Massachusetts,  and  to  be  called  the  district  of  Massachusetts;  one  to 
consist  of  the  state  of  Rhode  Island  and  Providence  Plantations,  and  to 
be  called  the  district  of  Rhode  Island ;  one  to  consist  of  the  state  of 
Connecticut,  and  to  be  called  the  district  of  Connecticut ;  one  to  con- 
sist of  the  state  of  Vermont,  and  to  be  called  the  district  of  Vermont; 
one  to  consist  of  that  part  of  the  state  of  New  York  which  lies  north  of 
the  counties  of  Dutchess  and  Ulster,  and  to  be  called  the  district  of  Al- 
bany;  one  to  consist  of  the  remaining  part  of  the  state  of  New  York, 
and  to  be  called  the  district  of  New  York ;  one  to  consist  of  the  state 
of  New  Jersey,  and  to  be  called  the  district  of  Jersey ;  one  to  consist  of 
that  part  of  the  state  of  Pennsylvania  which  lies  east  of  the  river  Susque- 
hanna, and  the  northeast  branch  thereof,  to  the  line  betwixt  Northum- 
berland and  Luzerne  counties ;  thence  westwardly  along  said  line,  be- 
twixt Northumberland  and  Luzerne,  and  betwixt  Luzerne  and  Lycom- 
ing counties,  until  the  same  strikes  the  line  of  the  state  of  New  York, 
and  to  be  called  the  Eastern  district  of  Pennsylvania ;  one  to  consist  of 
the  remaining  part  of  the  state  of  Pennsylvania,  and  to  be  called  the 

Vlm.  11—12  H  2 


Appropriation. 


Statdtb  II. 

Feb.  13,  1801. 

Repealed  by 
Act  ofApril  39, 
180S,ch.31. 

Termf  of  the 
Supreme  Court. 

The  court  to 
be  holden  at  the 
city  of  Washing- 
ton, by  four  Jus- 
tices. 

To  adjourn  if 
four  justices  do 
not  attend. 

One  of  more 
of  the  justices 
attending  may 
make  rules  and 
orders  respect- 
ing courts,  fcc. 


Court  to  haye 
power  to  issue 
certain  writs. 


The  court  to 
consist  of  fivo 
iastices  after 
uie  neit  vacan. 

Division  of  the 
states  into  dis- 
tricts in  relation 
to  the  Circuit 
Courts. 
Maine. 
New  Hamp- 
shire. 


Rhode  Island. 

Connecticut 
Vermont. 
New  York. 


New  Jersey. 
Pennsylvania* 


90 


SIXTH  CONGRESS.     Sess.  II.  Ch.  4.     1801. 


Delaware. 

Marjland. 
Virginia. 

North  Carolina. 


Sooth  Carolina. 

Georgia. 
Tennessee. 


KentDckjr. 

Ohio. 

Waters  and 
mountains  to  be 
considered  as 
within  both  the 
adjoining    dis- 
tricts. 


Classification 
of  the  districts 
into  six  circuits. 


Three  judges 
to  be  appointed 
for  the  circuits, 
except  the  sixth 
circuit. 


Times  of  hold- 
ing the  circuit 
courts. 

Massachusetts. 


New  Hamp- 
shire. 


Maine. 


Connecticut. 
Vermont. 


Western  district  of  Pennsylvania ;  one  to  consist  of  the  state  of  Delaware, 
and  to  be  called  the  district  of  Delaware ;  one  to  consist  of  the  state  of 
Maryland,  and  to  be  called  the  district  of  Maryland ;  one  to  consist  of 
that  part  of  the  state  of  Virginia,  which  lies  to  the  eastward  of  a  line  to 
be  drawn  from  the  river  Potomac  at  Harper's  ferry,  along  the  Blue  Ridge, 
with  the  line  which  divides  the  counties  on  the  east  side  thereof  from 
those  on  the  west  side  thereof,  to  the  North  Carolina  line,  to  be  called  the 
Eastern  district  of  Virginia ;  one  to  consist  of  the  remaining  part  of  the 
said  state  of  Virginia,  to  be  called  the  Western  district  of  Virginia ;  one 
to  consist  of  the  state  of  North  Carolina,  and  to  be  called  the  district  of 
North  Carolina ;  one  to  consist  of  the  slate  of  South  Carolina,  and  to  be 
called  the  district  of  South  Carolina ;  one  to  consist  of  the  state  of 
Georgia,  and  to  be  called  the  district  of  Georgia;  one  to  consist  of  that 
part  of  the  state  of  Tennessee  which  lies  on  the  east  side  of  Cumberland 
mountain,  and  to  be  called  the  district  of  East  Tennessee ;  one  to  consist 
of  the  remaining  part  of  said  state,  and  to  be  called  the  district  of  West 
Tennessee;  one  to  consist  of  the  state  of  Kentucky,  and  to  be  called  the 
district  of  Kentucky ;  and  one  to  consist  of  the  territory  of  the  United 
States  northwest  of  the  Ohio,  and  the  Indiana  territory,  and  to  be  called 
the  district  of  Ohio. 

Sec.  5.  And  be  it  further  enacted,  That  where  any  two  adjoining 
districts  of  the  United  States  shall  be  divided  from  each  other,  in  whole 
or  in  part,  by  any  river,  bay,  water,  water-course  or  mountain,  the  whole 
width  of  such  river,  bay,  water,  water-course  or  mountain,  as  the  case 
may  be,  shall  be  taken  and  deemed,  to  all  intents  and  purposes,  to  be 
within  both  of  the  districts  so  to  be  divided  thereby. 

Sec  6.  And  be  it  further  enacted.  That  the  said  districts  shall  be 
classed  into  six  circuits  in  manner  following;  that  is  to  say:  The  first 
circuit  shall  consist  of  the  districts  of  Maine,  New  Hampshire,  Massa- 
chusetts, and  Rhode  Island ;  the  second,  of  the  districts  of  Connecticut, 
Vermont,  Albany  and  New  York ;  the  third,  of  the  districts  of  Jersey, 
the  Eastern  and  Western  districts  of  Pennsylvania,  and  Delaivare ;  the 
fourth,  of  the  districts  of  Maryland,  and  the  Eastern  and  Western  dis- 
tricts of  Virginia;  the  fiilh,  of  the  districts  of  North  Carolina,  South 
Carolina,  and  Georgia ;  and  the  sixth,  of  the  districts  of  East  Tennessee, 
West  Tennessee,  Kentucky,  and  Ohio. 

Sec  7.  And  be  itfitrther  enacted,  That  there  shall  be  in  each  of  the 
aforesaid  circuits,  except  the  sixth  circuit,  three  judges  of  the  United 
States,  to  be  called  circuit  judges,  one  of  whom  shall  be  commissioned 
aa  chief  judge ;  and  that  there  shall  be  a  circuit  court  of  the  United 
States,  in  and  for  each  of  the  aforesaid  circuits,  to  be  composed  of  the 
circuit  judges  within  the  five  first  circuits  respectively,  and  in  the  sixth 
circuit,  by  a  circuit  judge,  and  the  judges  of  the  district  courts  of  Ken- 
tucky and  Tennessee;  the  duty  of  all  of  whom  it  shall  be  to  attend,  but 
any  two  of  whom  shall  form  a  quorum ;  and  that  each  and  every  of  the 
said  circuit  courts  shall  hold  two  sessions  annually,  at  the  times  and  places 
following,  in  and  for  each  district  contained  within  their  several  circuits 
respectively ;  that  is  to  say,  the  circuit  court  of  the  first  circuit,  at  Pro- 
vidence on  the  eighth  day  of  May,  and  at  Newport  on  the  first  day  of 
November,  in  and  for  the  district  of  Rhode  Island ;  at  Boston,  in  and 
for  the  district  of  Massachusetts,  on  the  twenty-second,  day  of  May  and 
fifteenth  day  of  October;  at  Portsmouth  on  the  eighth  day  of  June,  and 
at  Exeter  on  the  twenty-ninth  day  of  September,  in  and  for  the  district 
of  New  Hampshire;  in  and  for  the  district  of  Maine,  at  Portland  on  the 
fifteenth  day  of  June,  and  at  Wiscasset  on  the  twenty-second  day  of 
September.  The  circuit  court  of  the  second  circuit,  at  New  Haven  on 
the  fifteenth  day  of  April,  and  at  Hartford,  on  the  twenty-fiflh  day  of 
September,  in  and  for  the  district  of  Connecticut;  at  Windsor  on  the 
fifth  day  of  May,  and  at  Rutland  on  the  fifteenth  day  of  October,  in  and 


SIXTH  CONGRESS.    Sess.  II.  Ch.  4.     1801. 


91 


hr  the  district  of  Vermont;  at  the  city  of  Albany,  in  and  for  the  di»- 
trict  of  Albany,  on  the  twentieth  day  of  May  and  twenty-fifth  day  of 
October ;  at  the  city  of  New  York,  in  and  for  the  district  of  New  York, 
OD  the  fifth  day  of  Jane  and  the  tenth  day  of  November.  The  circuit 
court  of  the  third  circuit,  at  Trenton,  in  and  for  the  district  of  Jersey, 
oo  the  second  days  of  May  and  October;  at  the  city  of  Philadelphia,  in 
aad  for  the  Eastern  district  of  Pennsylvania,  on  the  eleventh  day  of  May 
and  eleventh  day  of  October ;  at  Bedford,  in  and  for  the  Western  district 
c^  Pennsylvania,  on  the  twenty-fifth  day  of  June  and  twenty-fifth  day  of 
Novemb^;  and  at  Dover,  in  and  for  the  district  of  Delaware,  on  the 
third  day  of  June  and  twenty-seventh  day  of  October.  The  circuit  court 
of  the  fourth  circuit,  at  Baltimore,  in  and  for  the  district  of  Maryland, 
oo  the  twentieth  day  of  March  and  fifth  day  of  November;  at  Lexington 
in  Rockbridge  county,  in  and  for  the  Western  district  of  Virginia,  on 
the  fifth  day  of  April  and  twentieth  day  of  November ;  and  at  the  city 
of  Richmond,  in  and  for  the  Eastern  district  of  Virginia,  on  the  twenty- 
fifth  day  of  April,  and  fifth  day  of  December.  The  circuit  court  of  the 
fifth  circuit,  at  Raleigh,  in  and  for  the  district  of  North  Carolina,  on  the 
first  day  of  June  and  the  first  day  of  November;  at  Charleston  on  the 
sixth  day  of  May,  and  at  Columbia  on  the  thirtieth  day  of  November,  in 
and  for  the  district  of  South  Carolina ;  at  Savannah  on  the  tenth  day  of 
April,  and  at  Augusta  on  the  fifteenth  day  of  December,  in  and  for  the 
district  of  Georgia ;  and  the  circuit  court  of  the  sixth  circuit,  at  Knox- 
ville,  in  and  for  the  district  of  East  Tennessee,  on  the  twenty-fifth  day  of 
March  and  twenty-fifth  day  of  September ;  at  Nashville,  in  and  for  the 
district  of  West  Tennessee,  on  the  twentieth  day  of  April  and  twentieth 
day  of  October;  and  at  Bairdstown,  in  and  for  the  district  of  Kentucky, 
oo  the  fifteenth  day  of  May  and  fifteenth  day  of  November ;  and  at  Cin- 
cinnati in  and  for  the  district  of  Ohio,  on  the  tenth  day  of  June  and  on 
the  tenth  day  of  December;  and  so  on  the  several  days  and  at  the  several 
}daces  aforesaid,  in  each  and  every  year  afterwards:  Provided  abeays, 
that  when  any  of  the  said  days  shall  happen  on  Sunday,  then  the  said 
court  hereby  directed  to  be  holden  on  such  day,  shall  be  holden  on  the 
next  day  thereafter;  and  provided  also,  that  there  shall  be  appointed,  in 
the  sixth  circuit,  a  judge  of  the  United  States,  to  be  called  a  circuit 
judge,  who  together  with  the  district  judges  of  Tennessee  and  Kentucky, 
shall  hold  the  circuit  courts,  hereby  directed  to  be  holden,  within  the 
said  circuit;  and  that  whenever  the  office  of  district  judge,  in  the  dis- 
tricts of  Kentucky  and  Tennessee  respectively,  shall  become  vacant, 
such  vacancies  shall  respectively  be  supplied  by  the  appointment  of  two 
additional  circuit  judges,  in  the  said  circuit,  who,  together  with  the 
circuit  judge  first  aforesaid,  shall  compose  the  circuit  court  of  the  said 
circuit 

Sec.  8.  Pramded  ahtaySt  and  he  iifitrther  enacted,  That  the  said 
«rcuit  courts  hereby  established  shall  have  power,  and  hereby  are 
authorized,  to  hdd  special  sessions,  for  the  trial  of  criminal  causes,  at 
any  other  time  or  times  than  is  hereby  directed,  at  their  discretion. 

Sbc.  9.  Andpnmided  also,  and  be  it  further  enacted,  That  if  in  the 
opinion  of  any  judge  of  any  of  the  said  circuit  courts,  it  shall  be  danger- 
ous to  hold  the  next  stated  session  of  such  court,  for  any  district  within 
the  circuit  to  which  such  judge  shall  belong,  at  the  place  by  law  Appointed 
for  holding  the  same;  it  shall  be  lawful  for  such  judge  to  issue  lus  order, 
under  his  hand  and  seal,  to  the  marshal  of  such  court,  directing  him  to 
adjourn  the  said  session,  to  such  other  place  within  the  same  district  as 
the  said  judge  shall  deem  convenient ;  which  said  marshal  shall,  there- 
npoo,  adjourn  the  said  court  pursuant  to  such  order,  by  making,  in  one 
or  more  puUic  papers,  printed  within  the  said  district,  publication  of 
such  order  and  adjournment,  firom  the  time  when  he  shall  receive 
audi  order  to  the  time  appointed  by  law  for  eommencing  such  stated 


New  York  two 
districts. 


New  Jersejr. 
Pennsylrania. 

Delaware. 
Maryland. 
Virginia. 

North  Carolina. 

South  Carolina. 

Georgia. 

East  Tennes- 
see. 

West  Tennes- 
see. 

Kentucky. 

Ohio. 


Sixth  Cireolt 


The  circuit 
coorts  may  hold 
'sessions. 


A  judge  of  the 
circnit   court 
may   alter     the 
place    of  its 
meeting. 


02 


SIXTH  CONGRESS.    Sess.  II.  Ch.  4.    I80I. 


General  pow- 
en  of  the  cir- 
cuit conrta. 


Sobjects  of  the 
cogriixance  of 
the  circuit 
courts. 


Circuit  coorte 
and  judges  to 
haYecoffnizance 
nnder  the  banli* 
rupt  law. 


Certain  luita 
may  be  removed 
from  the  state 
courts. 


Manner  of  re- 
moval. 


session :  and  that  the  court  so  to  be  held,  according  to,  and  by  virtue  of 
such  adjournment,  shall  hare  the  same  powers  and  authorities,  and  shall 
proceed  in  the  same  manner,  as  if  the  same  had  been  held  at  the  place 
appointed  by  law  for  that  purpose. 

Sec  10.  And  be  itjwrther  enacted,  That  the  circuit  courts  shall  have, 
and  hereby  are  invested  with,  all  the  powers  heretofore  granted  by  law 
to  the  circuit  courts  of  the  United  States,  unless  where  otherwise  provided 
by  this  act. 

Sec.  11.  And  he  it  further  enacted.  That  the  said  circuit  courts  re- 
spectively shall  have  cognizance  of  all  crimes  and  offences  cognizable 
under  the  authority  of  the  United  States,  and  committed  within  their 
respective  districts,  or  upon  the  high  seas ;  and  also  of  all  cases  in  law 
or  equity,  arising  under  the  constitution  and  laws  of  the  United  States, 
and  treaties  made,  or  which  shall  be  made,  under  their  authority ;  and 
also  of  all  actions,  or  suits  of  a  civil  nature,  at  common  law,  or  in  equity, 
where  the  United  States  shall  be  plaintiffs  or  complainants ;  and  also  of 
all  seizures  on  land  or  water,  and  all  penalties  and  forfeitures,  made, 
arising  or  accruing  under  the  laws  of  the  United  States ;  which  cogni- 
zance of  aH  penalties  and  forfeitures,  shall  be  exclusively  of  the  state 
courts,  in  the  said  circuit  courts,  where  the  offence,  by  which  the  penalty 
or  forfeiture  is  incurred,  shall  have  been  committed  within  fifty  miles  of 
the  place  of  holding  the  said  courts ;  and  also  of  all  actions,  or  suits, 
matters  or  things  cognizable  by  the  judicial  authority  of  the  United 
States,  under  and  by  virtue  of  the  constitution  thereof,  where  the  matter 
in  dispute  shall  amount  to  four  hundred  dollars,  and  where  original 
jurisdiction  is  not  given  by  the  constitution  of  the  United  States  to  the 
supreme  court  thereof,  or  exclusive  jurisdiction  by  law  to  the  district 
courts  of  the  United  States:  Provided  ahoays,  that  in  all  cases  where 
the  title,  or  bounds  of  land  shall  come  into  question,  the  jurisdiction  of 
the  said  circuit  courts  shall  not  be  restrained,  by  reason  of  the  value  of 
the  land  in  dispute. 

Sec.  12.  And  be  it  fiirther  enacted,  That  the  said  circuit  courts  re- 
spectively shall  have  cognizance  concurrently  with  the  district  courts,  of 
all  cases  which  shall  arise,  within  their  respective  circuits,  under  the  act 
to  establish  an  uniform  system  of  bankruptcy  throughout  the  United 
States ;  and  that  each  circuit  judge,  within  his  respective  circuit,  shall  and 
may  perform  all  and  singular  the  duties  enjoined  by  the  said  act,  upon  a 
judge  of  a  district  court :  and  that  the  proceedings  under  a  commission 
of  bankruptcy,  which  shall  issue  from  a  circuit  judge,  shall  in  aU  respects 
be  conformable  to  the  proceeding  under  a  commission  of  bankruptcy, 
which  shall  issue  from  a  district  judge,  mutatis  mutandis. 

Sec.  13.  And  be  it  Jurther  enacted.  That  where  any  action  or  suit 
shall  be,  or  shall  have  been  commenced,  in  any  state  court  within  the 
United  States,  against  an  alien,  or  by  a  citizen  or  citizens  of  the  state 
in  which  such  suit  or  action  shall  be,  or  shall  have  been  commenced 
against  a  citizen  or  citizens  of  another  state,  and  the  matter  in  dispute, 
except  in  cases  where  the  title  or  bounds  of  land  shall  be  in  question, 
shall  exceed  the  sum  or  value  of  four  hundred  dollars,  exclusive  of  costs, 
and  the  defendant  or  defendants  in  such  suit  or  action  shall  be  personally 
served  with  the  original  process  therein,  or  shall  appear  thereto;  or 
where,  in  'any  suit  or  action,  so  commenced  or  to  be  commenced,  final 
judgment,  for  a  sum  exceeding  four  hundred  dollars,  exclusive  of  costs, 
shall  have  been  rendered  in  such  state  court,  against  such  defendant  or 
defendants,  without  return  of  personal  service  on  him,  her,  or  them,  of 
the  original  process  in  such  suit  or  action,  and  without  an  appearance 
thereto,  by  him,  her,  or  them,  and  a  writ  of  error,  or  writ  of  review, 
shall  be  brought  by  such  defendant  or  defendants,  in  such  state  court, 
to  reverse  the  said  judgment ;  or  where  any  suit  or  action  shall  have 
been,  or  shall  be  commenced  in  any  such  court,  against  any  person  or 


SIXTH  CONGRESS.    Sess.  II.  Cu.  4.     1801. 


03 


in  any  case  arising  under  the  constitution  or  laws  of  the  United 
States,  or  treaties  made  or  to  be  made  under  their  authority ;  then,  and 
ia  any  of  the  said  cases,  it  shall  be  lawful  for  the  defendant  or  defend- 
uits,  in  socb  sait  or  action,  at  the  time  of  entering  his,  her,  or  their  ap- 
pearance thereto,  and  for  the  plaintiff,  or  plaintif&  in  such  writ  of  error, 
or  writ  of  review,  at  the  time  when  such  writ  shall  be  returnable,  to  file 
in  soch  court  a  petition  for  the  removal  of  such  suit,  action,  writ  of 
error,  or  writ  of  review,  to  the  next  circuit  court  of  the  United  States, 
hereby  directed  to  be  holden  in  and  for  the  district  within  which  such 
itate  court  shall  be  holden,  and  to  offer  to  such  state  court  good  and 
rafficient  surety  for  entering,  in  such  circuit  court,  on  the  first  day  of  its 
next  ensuing  session,  true  copies  of  the  process  and  proceedings,  in 
ench  action,  suit,  writ  of  error,  or  writ  of  review,  and  also  for  his,  her, 
or  their  appearance  in  the  said  circuit  court,  at  the  period  aforesaid,  and 
then  and  there  entering  special  bail,  in  the  said  suit,  or  action,  if  special 
bail  was  originally  demandable,  and  demanded  therein ;  whereupon  it 
ibaU  be  the  duty  of  the  said  state  court  to  accept  the  said  security,  and 
to  stay  all  further  proceedings  in  such  suit,  action,  writ  of  error,  or  writ 
of  review,  and  to  discharge  any  bail  that  may  have  been  given  therein ; 
and  that  the  said  copies  being  filed  as  aforesaid  in  such  circuit  court,  and 
special  bail,  in  manner  aforesaid,  being  given  therein,  such  suit,  action, 
writ  of  error,  or  writ  of  review,  shall  be  therein  proceeded  on,  tried, 
beard  and  determined,  in  the  same  manner  as  if  there  originally  com- 
menced or  brought :  Provided  abeays,  that  any  attachment  of  the  goods 
or  estate  of  the  defendant,  by  the  original  process  in  such  suit  or  action, 
■hall  bold  the  goods  or  estate  so  attached,  to  answer  the  final  judgment 
in  the  said  circuit  court,  in  the  same  manner  as  by  the  laws  of  the  state 
they  would  have  been  holden,  to  answer  the  final  judgment,  had  it  been 
rendered  by  the  court  in  which  the  suit  or  action  was  commenced. 

Sbc.  14.  And  be  it  Jurther  enacted,  That  when  any  suit  or  action, 
commenced,  or  to  be  commenced,  in  any  state  court  within  the  United 
States,  between  citizens  of  the  same  state,  the  title  or  bounds  of  land 
dial!  come  into  question,  it  shall  be  lawful  for  either  party,  before 
trial,  to  state  to  the  said  court,  and  make  affidavit  if  thereby  required, 
that  he^  she,  or  they,  doth  or  do  claim  under,  and  at  the  hearing  or  trial 
diaD  rdy  upon  a  right  or  title  to  the  lands  in  dispute,  under  a  grant,  or 
grants,  from  a  state  other  than  that  wherein  such  suit  or  action  is, 
or  shall  be  pending;  and  to  produce  to  the  said  court  the  original 
grant,  or  grants,  so  claimed  under,  or  exemplifications  thereof,  except 
in  cases  where  the  loss  of  public  recin-ds  shall  put  it  out  of  his,  her  or 
their  power  so  to  do ;  and  to  move  that  the  adverse  party  do  inform  the 
raid  court,  forthwith,  whether  he,  she,  or  they,  doth  or  do  claim  the 
land  in  dispute,  under  a  grant  or  grants  from  the  state  wherein  such 
sait  or  action  is,  or  shall  be  pending ;  whereupon  the  said  adverse  party 
shaD  give  such  information,  or  otherwise  not  be  allowed  to  plead,  or 
give  in  evidence,  in  the  cause  any  such  grant;  and  that  if  it  shall 
appear  from  such  information,  that  the  said  adverse  party  doth  daim 
the  said  lands,  under  any  such  ffrant,  or  grants,  then  it  shall  be  lawful 
ibr  the  party  moving  for  such  information,  if  plaintiff  or  complainant  in 
the  said  suit  or  action,  to  remove  the  same,  by  motion,  to  the  next  cir- 
cuit court  of  the  United  States,  hereby  directed  to  be  holden  in  and 
ibr  the  district  within  which  such  state  court  shall  be  holden ;  and  if 
defendant  in  the  said  suit  or  action,  then  to  remove  the  same,  as  afore- 
said, in  the  same  manner,  and  under  the  like  regulations,  terms,  and 
conditions,  as  are  provided  in  and  by  the  preceding  section  of  this  act, 
in  the  cases  of  actions  thereby  directed  to  be  removed ;  and  that  the 
said  circuit  courts  respectively,  into  which  such  suit  or  action  shall  be 
removed,  pursuant  to  the  provisions  in  this  section  contained,  shall  pro* 
ceed  in,  try,  hear  and  determine  the  same,  in  like  manner  as  if  therein 


Certmin  toita 
may  be  removed 
from    Uie  state 
coarti. 


Proceedingf 
when  both  par- 
ties to  a  suit 
claim  under  the 
same  title  to 
lands  under  dif« 
ferent  states. 


M 


SIXTH  CONGRESS.    Sem.  U.  Ch.  4.     1801. 


Proviso  M  to 
pleading. 


One  judge  of 
the  circuit  coart 
may  hold  the 
court  for  five 
days  and  do  cer. 
tain  acts  there- 
in. 


Adjournment 
if  another  judge 
docs  not  attend. 


In  civil  suits 
no  arrest  shall 
be  made  in  one 
district  for  trial 
in  another,  and 
no  original  civil 

Iirocess  shall  be 
>rought  but 
against  inhabi- 
tants of  the  dis- 
trict  or  such  as 
are  found  there- 
in. 

Suits  founded 

on  assignments. 

Trial  by  jury. 


Writs  of  no- 
exeat  and  in- 
junctions. 


Removal  of 
prisoners  in  case 
of  danger. 


brought  by  original  process :  Provided  always,  that  neither  party,  so 
removing  any  suit  or  action,  shall  be  allowed,  on  the  trial  or  hearing 
thereof,  to  plead,  give  evidence  of,  or  rely  on,  any  other  title  than  that 
by  him,  her,  or  them,  so  stated  as  aforesaid,  as  the  ground  of  his,  her, 
or  their  claim. 

Sec.  15.  And  be  it  further  enacted,  ^hBi  any  one  judge  of  any  of 
the  said  circuit  courts  shall  be,  and  hereby  is,  authorized  and  eropovirered, 
to  hold  the  same  from  day  to  day,  not  exceeding  five  days,  to  impannel 
and  charge  the  grand  jury,  to  order  process  on  any  indictment  or  pre- 
sentment found  in  the  said  court ;  to  direct  subpoenas  for  witnesses  to 
attend  the  same,  and  the  requisite  process  on  the  non-attendance  of 
witnesses  or  jurors;  to  receive  any  presentment  or  indictment  from  the 
grand  jury;  to  take  recognizance  for  the  attendance  of  any  witness,  or 
foi  the  appearance  of  any  person,  presented  or  indicted ;  to  award  and 
issue  process,  and  order  commitment  for  contempts;  to  commit  any 
person  presented  or  indicted,  for  want  of  security  or  otherwise ;  to  order 
publication  of  testimony ;  to  issue  commissions  for  the  examination  of 
witnesses,  where  allowable  by  law;  to  grant  rules  and  orders  of  survey; 
to  take  order,  where  necessary,  relative  to  jurors,  to  serve  at  the  next 
stated  session  of  the  said  court ;  to  direct  the  examination  of  witnesses 
de  bene  esse,  where  allowed  by  law ;  to  make  rules  of  reference  by 
consent  of  parties ;  and  to  grant  continuances  on  the  motion  of  either 
party,  upon  such  terms  and  conditions,  as  shall  be  agreeable  to  practice 
and  the  usages  of  law ;  and  that  if  some  other  judge  of  the  said  court 
shall  not  attend  the  same  within  five  days  after  the  commencement 
thereof,  inclusive,  then  the  said  court  shall,  by  virtue  ^of  this  act,  be 
continued  over  to  the  next  stated  session  thereof;  in  which  case,  all  writs, 
process,  and  recognizances,  returned  and  returnable  to  the  said  court, 
and  all  actions,  suits,  process,  pleadings,  and  other  proceedings  of  what 
nature  or  kind  soever,  depending  before  the  said  court,  shall,  by  virtue 
of  this  act,  be  continued  to  the  next  stated  session  of  the  same. 

Sec.  16.  And  be  it  further  enacted,  That  no  person  shall  be  arrested 
in  one  of  the  said  distriots,  for  trial  in  another,  before  any  of  the  said 
circuit  courts  in  any  civil  action ;  and  that  no  civil  action  or  suit  shall 
be  brought  before  any  of  the  said  courts,  by  any  original  process,  against 
an  inhabitant  of  the  United  States,  in  any  other  district  than  that  where- 
of he  is  an  inhabitant,  or  in  which  he  shall  be  found  at  the  time  of  serv- 
ing the  writ ;  nor  shall  any  district  or  circuit  court  have  cognizance  of 
any  suit  to  recover  the  contents  of  any  promissory  note,  or  other  chose 
in  action,  in  favour  of  an  assignee,  unless  a  suit  might  have  been  pro- 
secuted in  such  court  to  recover  the  said  contents,  if  no  assignment  had 
been  made,  except  in  cases  of  foreign  bills  of  exchange. 

Sec.  17.  And  be  it  further  enacted.  That  the  trials  of  all  issues 
of  fact,  before  any  of  the  circuit  courts  hereby  established,  except  in 
cases  of  equity,  and  admiralty  and  maritime  jurisdiction,  shall  be  by  jury. 

Sec.  18.  And  he  it  further  enacted.  That  any  judge  of  any  of  the 
said  circuit  courts  shall  be,  and  hereby  is  authorized  and  empowered, 
in  all  cases  cognizable  by  the  circuit  court,  whereof  he  shall  be  a  judge, 
to  grant  writs  of  ne-exeat,  and  writs  of  injunction  to  stay  waste,  or  to 
stay  proceedings  at  law,  on  any  judgment  rendered  by  such  circuit 
court,  upon  the  like  terms  and  conditions  as  such  writs  may  be  now 
granted,  by  the  justices  of  the  Supreme  Court  of  the  United  States. 

Sec.  10.  And  be  it  further  enacted,  That  if  in  the  opinion  of  any 
circuit  judge,  of  the  circuit  within  which  such  district  may  be  situated, 
the  life  or  lives  of  any  person  or  persons,  confined  in  the  prison  of  such 
district,  under  or  by  virtue  of  any  law  of  the  United  States,  shall  be 
in  imminent  danger,  arising  from  the  place  of  such  confinement,  it 
sholl,  in  such  case,  be  lawful  for  such  judge,  and  he  is  hereby  autho- 
rized and  empowered,  to  direct  the  marshal  of  such  district  to  remove. 


SIXTH  CONGRLISS.     Sess.  II.  Ch.  4.     1801. 


95 


or  cause  to  be  removed,  the  person  or  persons  so  confined,  to  the  next 
adjacent  prison,  there  to  be  confined,  until  he,  she,  or  they,  may  safely 
be  removed  back,  to  the  place  of  his,  her,  or  their  first  confinement ; 
and  that  the  said  removals  shall  be  at  the  expense  of  the  United  States. 

Sec.  20.  And  be  it  Jurther  enacted,  That  all  actions,  suits,  process,  Continuance 
pleadings,  and  other  proceedings  of  what  nature  or  kind  soever,  de-  of  suiu  now  de- 
pending or  existing  in  any  of  the  present  circuit  courts  of  the  United  ^ult  courts!** 
States,  or  in  any  of  the  present  district  courts  of  the  United  States, 
acting  as  circuit  courts,  shall  be,  and  hereby  are,  continued  over  to  the 
circuit  courts  established  by  this  act,  in  manner  following,  that  is  to  say : 
a]]  such  as  shall,  on  the  fifteenth  day  of  June  next,  be  depending  and 
undetermined,  or  shall  then  have  been  commenced  and  made  returnable 
before  the  district  court  of  Maine,  acting  as  a  circuit  court,  to  the  next 
circuit  court  hereby  directed  to  be  holden  within  and  for  the  district 
of  Maine ;  all  such  as  shall  be  depending  and  undetermined  before  the 
circuit  court  for  the  district  of  New  Hampshire,  to  the  next  circuit 
court  hereby  directed  to  be  holden,  within  and  for  the  district  of  New 
Hampshire ;  all  such  as  shall  be  depending  and  undetermined  before 
the  circuit  court  for  the  district  of  Massachusetts,  to  the  next  circuit 
court  hereby  directed  to  be  holden,  within  and  for  the  district  of  Mas- 
sachusetts; all  such  as  shall  be  depending  and  undetermined  before 
the  circuit  court  of  the  district  of  Rhode  Island,  to  the  next  circuit 
court  hereby  directed  to  be  holden,  within  and  for  the  district  of  Rhode 
Island;  all  such  as  shall  be  depending  or  undetermined  before  the 
circuit  court  for  the  district  of  Connecticut,  to  the  next  circuit  court 
hereby  directed  to  be  holden,  within  and  for  the  district  of  Connec- 
ticut; all  such  as  shall  be  depending  and  undetermined  before  the 
circuit  court  for  the  district  of  Vermont,  to  the  next  circuit  court  here- 
by directed  to  be  holden,  within  and  for  the  district  of  Vermont ;  all 
such  as  shall  be  depending  and  undetermined  before  the  circuit  court 
for  the  district  of  New  York,  to  the  next  circuit  court  hereby  directed 
to  be  holden,  within  and  for  the  district  of  New  York ;  all  such  as  shall 
be  depending  and  undetermined  before  the  circuit  court  for  the  district 
of  New  Jersey,  to  the  next  circuit  court  hereby  directed  to  be  holden, 
within  and  for  the  district  of  Jersey;  all  such  as  shall  be  depending 
and  undetermined  before  the  circuit  court  for  the  district  of  Pennsyl- 
vania, to  the  next  circuit  court  hereby  directed  to  be  holden,  within  and 
ibr  the  eastern  district  of  Pennsylvania ;  all  such  as  shall  be  depending 
and  nhdetermined  before  the  circuit  court  for  the  district  of  Delaware, 
to  the  next  circuit  court  hereby  directed  to  be  holden,  within  and  for 
the  district  of  Delaware ;  all  such  as  shall  be  depending  and  undeter- 
mined before  the  circuit  court  for  the  district  of  Maryland,  to  the  next 
circuit  court  hereby  directed  to  be  holden,  within  and  for  the  district  of 
Maryland ;  all  such  as  shall  be  depending  and  undetermined  before  the 
circuit  court  for  the  district  of  Virginia,  to  the  next  circuit  court  here- 
by directed  to  be  holden,  within  and  for  the  eastern  district  of  Virginia; 
all  such  as  shall  be  depending  and  undetermined  before  the  circuit  court 
for  the  district  of  North  Carolinia,  to  the  next  circuit  court  hereby 
directed  to  be  holden,  within  and  for  the  district  of  North  Carolina ; 
all  such  as  shall  be  depending  and  undetermined  before  the  circuit  court 
for  the  district  of  South  Carolina,  to  the  next  circuit  court  hereby 
directed  to  be  holden,  within  and  for  the  district  of  South  Carolina ; 
all  such  as  shall  be  depending  and  undetermined  before  the  circuit 
court  for  the  district  of  Georgia,  to  the  next  circuit  court  hereby  directed 
to  be  hdden,  within  and  for  the  district  of  Georgia ;  all  such  as  shall 
be  depending  and  undetermined  before  the  district  court  of  Tennessee, 
acting  as  a  circuit  court,  to  the  next  circuit  court  hereby  directed  to  be 
holden,  within  and  for  the  district  of  East  Tennessee ;  all  such  as  shall 
be  depending  and  undetermined  before  the  district  court  of  Kentucky, 


Ubliahed. 


DA  SIXTH  CONGRESS.    Siu».  IJ.  Cu.  4.     J80L 

acting  as  a  circait  court,  to  the  next  circait  court  hereby  directed  to  be 
holden,  within  and  for  the  district  of  Kentucky ;  and  shall  there  be 
equally  regular  and  effectual,  and  shall  be  proceeded  in,  in  the  same 
manner  as  they  could  have  been,  if  this  act  had  not  been  made. 
Additional  din-  Sec.  21.  And  be  itfiirther  enacted,  That  for  the  better  dispatch  of  the 
IliSuK^?'*"  ""  Cosiness  of  district  courts  of  the  Unitedi  States,  in  the  districts  of  Jersey, 
Maryland,  Virginia,  and  North  Carolina,  additional  district  courts  shall 
be  established  therein,  in  manner  following,  that  is  to  say :  The  said 
district  of  Jersey  shall  be  divided  into  two  districts;  one  to  consist  of 
that  part  thereof,  which  is  called  East  New  Jersey,  and  to  be  called  the 
district  of  East  Jersey ;  a  district  court,  in  and  for  which,  shall  be  holden 
at  New  Brunswick,  by  the  district  judge  of  the  district  of  Jersey,  on  the 
fourth  Tuesday  in  May,  and  on  the  fourth  Tuesday  in  November,  in  each 
and  every  year ;  and  one  other,  to  consist  of  the  remaining  part  of  the 
said  district  of  Jersey,  and  to  be  called  the  district  of  West  Jersey,  a  dis- 
trict court,  in  and  for  which,  shall  be  holden  at  Burlington,  by  the  dis- 
trict judge  last  aforesaid,  on  the  fourth  Tuesday  in  February,  and  on  the 
fourth  Tuesday  in  August,  in  each  and  every  year.  And  a  new  district 
shall  be  established,  in  the  districts  of  Maryland  and  Virginia,  to  consist 
of  the  territory  of  Columbia,  of  all  that  part  of  the  district  of  Maryland, 
which  lies  west  and  southwest  of  the  river  Patuxent,  and  of  the  western 
branch  thereof,  and  south  of  the  line  which  divides  the  county  of  Mont- 
gomery in  the  last  mentioned  district,  from  the  county  of  Frederick,  and 
of  a  line  to  be  drawn  from  the  termination  of  the  last  mentioned  line,  a 
northeast  course  to  the  western  branch  of  the  Patuxent ;  and  of  all  that 
part  of  the  district  of  Virginia,  which  lies  north  of  the  river  Rappahan- 
nock, and  east  of  the  line  which  divides  the  counties  of  Fauquier  and 
Loudon,  in  the  last  mentioned  district  from  the  counties  of  Fairfax, 
Prince  William,  and  Stafford;  which  new  district  shall  be  called  the 
district  of  Potomac,  and  a  district  court  in  and  for  the  same,  shall  be 
holden  at  Alexandria,  by  the  district  judge  of  the  district  of  Maryland, 
on  the  first  Tuesday  in  April,  and  the  first  Tuesday  in  October,  in  each 
and  every  year.  And  there  shall  be  a  new  district  established  in  the 
district  of  Virginia,  to  be  called  the  district  of  Norfolk,  and  to  consist  of 
all  that  part  of  the  said  district  of  Virginia,  which  is  contained  within 
the  counties  of  Isle  of  Wight,  Nansemond,  Norfolk,  Princess  Anne, 
James  City,  New  Kent,  Warwick,  York,  Elizabeth  City,  Gloucester, 
Matthews,  Middlesex,  Accomac,  and  Northampton  ;  a  district  court,  in 
and  for  which  district  of  Norfolk,  shall  be  holden  at  Norfolk,  by  the  dis- 
trict judge  of  the  district  of  Virginia,  on  the  first  Tuesday  in  February, 
on  the  first  Tuesday  in  May,  on  the  first  Tuesday  in  August,  and  on  the 
first  Tuesday  in  November,  in  each  and  every  year.  And  the  district 
of  North  Carolina  shall  be  divided  into  three  districts;  one  to  consist  of 
all  that  part  thereof,  which  by  the  laws  of  the  state  of  North  Carolina, 
now  forms  the  districts  of  Edenton  and  Halifax ;  which  district  shall  be 
called  the  district  of  Albemarle,  and  a  district  court,  in  and  for  the  same, 
shall  be  holden  at  Edenton,  by  the  district  judge  of  the  district  of  North 
Cardina,  on  the  third  Tuesday  in  April,  on  the  third  Tuesday  in  August, 
and  on  the  third  Tuesday  in  December,  in  each  and  every  year ;  one 
other  to  be  called  the  district  of  Pamptico,  and  to  consist  of  all  that  part 
of  the  district  of  North  Carolina  aforesaid,  which  by  the  laws  of  the  said 
state  now  forms  the  district  of  Newborn  and  Hillsborough,  together  with 
all  that  part  of  the  district  of  Wilmington,  which  lies  to  the  northward 
and  eastward  of  the  river  called  New  River,  and  for  which  district  of 
Pamptico,  a  district  court  shall  be  holden  at  Newbera,  by  the  district 
judge  last  aforesaid,  on  the  first  Tuesday  in  April,  on  the  first  Tuesday 
in  August,  and  on  the  first  Tuesday  in  December;  in  each  and  every 
year.  And  one  other  to  consist  of  the  remaining  part  of  the  said  dis- 
trict of  North  Carolina,  and  to  be  called  the  district  of  Cape  Fear,  in  and 


SIXTH  CONGRESS.    Sess.  ll.  Gu.  4.    1801. 


m 


for  which  a  district  court  shall  be  holden  at  Wilmington,  by  the  district 
jodge  last  aforesaid,  on  the  last  Tuesday  in  March,  on  the  last  Tuesday 
in  July,  and  on  the  last  Tuesday  in  November,  in  each  and  every  year ; 
which  said  courts,  hereby  directed  to  be  holden,  shall  severally  and  re- 
ifiectively  have  and  exercise,  within  their  several  and  re^ective  districts, 
the  same  powers,  authority,  and.  jurisdiction,  in  all  cases  and  respects 
whatsoever,  which  are  rested  by  law  in  the  district  courts  of  the  United 
States. 

Ssc.  22.  And  he  it  Jurther  enacted.  That  there  shall  be  clerks  for 
each  of  the  said  courts  to  be  appointed  by  the  judge  thereof,  which  clerks 
shall  remde  and  keep  the  records  of  the  said  courts,  at  the  places  of  hold- 
ing the  courts,  whereto  they  re^ectively  shall  belong,  and  shall  perform 
the  same  duties,  and  be  entitled  to  and  receive  the  same  emoluments  and 
fees,  which  are  established  by  law,  for  the  clerks  of  the  district  courts  of 
the  United  States  respectively ;  and  that  the  marshals  and  attornies  of 
the  United  States,  for  the  districts,  which  are  hereby  divided,  or  within 
the  limits  of  which  new  districts  are  hereby  erected,  shall  continue  to  be 
marshals  and  attornies  for  the  courts  hereby  appointed  to  be  holden 
within  the  limits  of  their  present  districts  respectively,  and  shall  have, 
exercise,  and  perform,  within  the  jurisdictions  of  those  courts  respectively, 
all  the  powers  and  duties,  and  receive  all  the  fees  and  emoluments,  ap- 
pmnted  and  established  by  law,  for  the  marshals  and  attornies  of  the 
United  Sutes. 

Ssc.  23.  And  he  it  Jurther  enacted.  That  the  stated  sessions  of  the 
district  court  of  the  district  of  Maryland  shall  hereafter  be  holden  at 
Baltimore  only. 

Sec.  524.  Asid  he  it  further  enacted,  That  the  district  courts  of  the 
United  States,  in  and  for  the  districts  of  Tennessee  and  Kentucky,  shall 
be,  and  hereby  are,  abolished;  and  that  all  and  singular  the  powers, 
authority  and  jurisdiction  of  the  said  courts  respectively  shall  be  and 
hereby  are  vested  in,  and  shall  be  exercised  by  the  circuit  courts,  by  this 
act  directed  to  be  holden  in  and  for  the  districts  of  East  Tennessee, 
West  Tennessee  and  Kentucky,  re^ctively,  within  the  limits  of  their 
respectiTe  jurisdictions ;  and  that  the  circuit  judges  to  be  appointed  for 
the  sixth  circuit  aforesaid,  severally,  shall  be  invested  with,  possess  and 
exercise,  aU  and  singular  the  powers,  now  vested  by  law  in  the  district 
judges  of  the  United  States. 

Sec.  25.  And  he  it  Jurther  enacted,  That  in  case  of  the  inability  of 
the  district  judge  of  either  of  the  districts  of  the  United  States,  to  per- 
form the  duties  of  his  office,  and  satisfactory  evidence  thereof  being 
shown  to  the  circuit  court,  in  and  for  such  district,  it  shall  be  the  duty 
of  such  circuit  court,  from  time  to  time,  as  occasion  may  require,  to  di- 
rect one  of  the  judges  of  said  circuit  court,  to  perform  the  duties  of  such 
district  judge,  within  and  for  said  district,  for  and  during  the  period  the 
inability  of  the  district  judge  shall  continue.  And  it  shall  be  the  duty 
of  the  circuit  judge,  to  whom  the  duties  of  the  district  judge  shall 
be  assigned  in  manner  aforesaid,  and  he  is  hereby  authorized  to  per- 
form the  duties  of  said  district  judge,  during  the  continuance  of  his 
disability. 

Sec.  26.  And  he  it  further  enacted.  That  the  several  circuit  courts 
hereby  established  shall  have  power  to  appoint  clerks  for  their  respective 
courts;  that  b  to  say,  one  for  each  district  within  which  such  court  is  or 
shall  be  directed  by  law  to  be  holden ;  which  clerks  respectively  shall 
take  the  same  oath  or  affirmation,  and  give  the  like  bonds,  as  are  by  law 
required  to  be  taken  and  given  by  the  clerk  of  the  supreme  court  of  the 
United  States;  and  shall  be  entitled  to  demand  and  receive,  for  their 
services  respectively,  the  same  fees,  to  be  recovered  in  the  same  manner, 
as  have  heretofore  been  allowed  by  law,  for  the  like  services,  to  the 
clerks  of  the  circuit  and  district  courts  of  the  United  States. 

Voi.  11.^13  I 


Additional 
district  courts. 


Clerks  of  the 
district  conrts  to 
be  appointed. 


Marshals  and 
attornies  to  act 
in  the  subdivi- 
sions  of  their 
districts. 


District  court 
of  Maryland  to 
be  held  at  Bal- 
timore only. 

District  courts 
of  Tennessee 
and   Kentucky 
abolished. 


Judges  for  the 
siith  circuit  to 
have  the  powers 
of  district 
judges. 

Incaseof  ina. 
bility  of  the  dis- 
trict judge^    a 
circuit  judge 
may  act. 


Clerks  of  the 
circuit  courts  to 
be  appointed. 


96 


SIXTH  CONGRESS.    Sesm.  U.  Cr.  4.    1801. 


Former  cfrcait 
court!  abolUh- 
ed. 


Certain  courts 
constituted 
courts  of  record. 

Test,  signing 
and  return  of 
writs. 


Judges  of  the 
supreme    and 
circuit   courts 
may  grant  writs 
of  habeas  cor- 
pus. 


New  trials, 
rehearings  and 
practice. 


The  courts  or 
judges  empow- 
ered to  admin- 
ister oaths  gen. 
erally,  &c. 

Oath  of  a  cir- 
cuit  judge. 


Appeals  firom 
the  district 
courts,  to  the 
circuit  courts. 


Sec.  27.  And  be  it  fitrther  enacted,  That  the  circuit  coarts  of  the 
United  States,  heretofore  established,  shall  cease  and  be  abolished ;  and 
that  the  records  and  office  papers  of  every  kind,  belonging  to  those 
courts  rec^)ectivel7,  shall  be  safely  kept  by  the  clerks  thereof;  who  shall 
continue  in  all  respects  to  act  as  heretofore  in  the  business  of  the  said 
courts,  until  it  shaU  otherwise  be  ordered  by  the  courts  hereby  estab- 
lished. 

Sec.  28.  And  be  it  further  enacted.  That  the  supreme,  circuit  and 
district  courts  of  the  United  States,  shall  be,  and  hereby  are,  constituted 
courts  of  record. 

Sec.  29.  And  be  it  Jvrther  enacted.  That  all  writs  and  processes  what- 
soever, issuing  from  any  of  the  circuit  courts,  hereby  established,  shall, 
after  the  first  day  of  April  next,  bear  test  of  the  presiding  judge  of  such 
court ;  before  which  time  they  shall  bear  test  of  the  chief  justice  of  the 
United  States ;  all  which  said  writs  and  processes  shall  be  sifirned  by  the 
clerks  of  the  courts  respectively,  from  which  the  same  shall  issue,  and 
shall  be  made  returnable  to  the  next  stated  or  special  session  of  such 
court,  and  all  writs  and  processes  which  have  issued,  or  which  may  issue 
before  the  first  day  of  April  next,  returnable  to  the  circuit  courts  hereto- 
fore established,  or  to  any  district  court  acting  as  a  circuit  court,  shal 
be  returned  to  the  circuit  courts  hereby  established,  and  shall  be  there 
proceeded  in,  in  the  same  manner  as  they  could,  had  they  been  origin- 
ally returnable  to  the  circuit  courts  hereby  established. 

Sec  30.  And  be  it  fitrther  enacted,  That  every  justice  of  the  supreme 
court  of  the  United  States,  and  every  judge  of  any  circuit  or  district 
court  shall  be,  and  hereby  is  authorized  and  empowered,  to  grant  writs 
of  habeas  corpus,  for  the  purpose  of  inquiring  into  the  cause  of  commit- 
ment, and  thereupon  to  discharge  from  confinement,  on  bail  or  other- 
wise :  Provided  aJways,  that  no  writ  of  habeas  corpus,  to  be  granted 
under  this  act,  shall  extend  to  any  prisoner  or  prisoners  in  gad,  unless 
such  prisoner  or  prisoners  be  in  custody,  under  or  by  colour  of  the 
authority  of  the  United  States,  or  be  committed  for  trial  before  some 
court  of  the  same ;  or  be  necessary  to  be  brought  into  court  to  give 
testimony. 

Sec  31.  And  be  it  further  enacted.  That  the  several  courts  of  the 
United  States  shall  be,  and  hereby  are  authorized  and  empowered  to 
grant  new  trials  and  rehearings,  on  motion  and  cause  shown,  and  to 
make  and  establish  all  necessary  rules  and  regulations,  for  returning 
writs,  filing  pleas,  and  other  proceedings;  and  for  regulating  the  prac- 
tice and  enforcing  the  orderly  conduct  of  business,  in  the  said  courts 
respectively :  Provided  always,  that  the  said  rules  and  regulations  be 
not  repugnant  to  the  laws  of  the  United  States ;  and  that  ^1  the  courts 
of  the  United  States,  and  each  of  the  justices  and  judges  thereof,  shall 
be,  and  hereby  are,  authorized  and  empowered  to  administer  all  neces- 
sary oaths  and  affirmations,  and  to  bind  to  the  peace  or  good  behaviour, 
widi  surety  where  necessary,  in  all  cases,  arising  under  the  authority  of 
the  United  States. 

Sec  32.  And  be  it  further  enacted.  That  every  person  who  shall  be 
appointed  a  judge  of  any  circuit  court,  hereby  established,  shall,  before 
he  shall  begin  to  exercise  the  duties  of  his  said  office,  take  the  following 
oath  or  affirmation;  that  is  to  say:  '*!,  A.  B.  do  solemnly  swear"  (or 
affirm)  "that  I  will  administer  justice  without  respect  to  persons;  and 
wiU  do  equal  right  to  all  persons;  and  ¥rill,  in  all  things,  faithfully  and 
impartially  discharge  and  perform,  all  the  duties  incumbent  on  me  as  a 
judge  of  according  to  the  best  of  my  abilities  and  understand- 

ing, and  to  the  constitution  and  laws  of  the  United  States." 

Sec  33.  And  be  it  further  enacted.  That  from  all  final  judgments  or 
decrees,  in  any  of  the  district  courts  of  the  United  States,  an  appeal, 
where  the  matter  in  dispute,  exclusive  of  costs,  shall  exceed  the  sum  or 


SIXTH  CONGRESS.    Siess.  IL  Ch.  4.     1801. 


Tilne  of  fifty  doUars,  shall  be  allowed  to  the  circuit  court  next  to  be 
holden,  in  the  district  where  such  final  judgment  or  judgments,  decree 
or  decrees,  may  be  rendered;  and  the  circuit  court  or  courts  are  hereby 
antiiorized  and  required  to  receive,  hear  and  determine  such  appeal; 
and  that  from  all  final  judgments  or  decrees  in  any  circuit  court,  in  any 
cases  of  equity,  of  admirdty  and  maritime  jurisdiction,  and  of  prize  or 
no  prize,  an  appeal,  where  the  matter  in  dispute,  exclusive  of  costs,  shall 
exceed  the  sum  or  value  of  two  thousand  dollars,  shall  be  allowed  to  the 
supreme  court  of  the  United  States;  and  that  upon  such  appeal,  a  tran- 
script of  the  libd,  bill,  answer,  depositions,  and  all  other  proceedings  of 
what  kind  soever  in  the  cause,  shall  be  transmitted  to  the  said  supreme 
court;  and  that  no  new  evidence  shall  be  received  in  the  said  court,  on 
the  bearing  of  such  appeal;  and  that  such  appeals  shall  be  subject  to  the 
same  roles,  regulations  and  restrictions,  as  are  prescribed  by  law  in  case 
of  writs  of  error;  and  that  the  said  supreme  court  shall  be,  and  hereby 
is  aathorized  and  required,  to  receive,  hear  and  determine  such  appeals. 

Sec.  34.  And  be  it  Jurther  enacted^  That  all  final  judgments  in  civil 
aetioDS  at  common  law,  in  any  of  the  circuit  courts  hereby  established, 
whether  brought  by  original  process  in  such  court,  or  removed  thereto 
from  any  state  court,  and  all  final  judgments  in  any  of  the  district  courts 
of  the  United  States  may,  where  the  matter  in  dispute,  exclusive  of 
costs,  shall  exceed  the  sum  or  .value  of  two  thousand  dollars,  be  re- 
examined and  reversed  or  affirmed,  in  the  supreme  court  of  the  United 
States,  by  writ  of  error:  whereto  shall  be  annexed,  and  returned  there- 
with at  the  day  and  place  therein  mentioned,  an  auUienticated  transcript 
of  the  record  and  assignment  of  errors,  and  prayer  for  reversal,  and  also 
a  citation  to  the  adverse  party,  signed  by  a  judge  of  such  circuit  court, 
or  by  the  district  judge  as  the  case  may  be;  which  ciution  shall  be 
serred  on  the  adverse  party  personally,  or  by  leaving  a  true  copy  thereof 
at  his  or  their  usual  place  or  places  of  residence,  at  least  thirty  days  be- 
fore the  time  mentioned  in  such  writ  of  error,  for  the  return  thereof. 

Ssc.  35.  And  he  it  Jurther  enacted^  That  the  stipulation,  bond  or 
security,  taken  upon  any  writ  of  error  or  appeal  to  be  brought  or  allowed 
as  aforesaid,  shall  be  returned  by  the  judge  taking  the  same,  to  the  clerk 
or  register  of  the  court  where  the  judgment  or  decree  complained  of 
was  rendered,  to  be  by  him  annexed  to  the  transcript  of  the  record, 
berdjy  directed  to  be  sent  up  to  the  supreme  court  of  the  United  States. 

Sec.  36.  And  he  it  further  enacted,  That  there  shall  be  appointed,  in 
and  for  each  of  the  districts  established  by  this  act,  a  marahal,  whose 
duty  it  shall  be  to  attend  the  circuit  courts  of  the  United  States  hereby 
established,  when  sitting  within  such  district,  and  who  shall  have  and 
exercise,  within  such  district,  the  same  powers,  perform  the  same  duties, 
be  subject  to  the  same  penalties,  give  the  same  bond  with  sureties,  take 
the  same  oath,  be  entitled  to  and  receive  the  same  compensation  and 
emdoments,  and  in  all  respects  be  subject  to  the  same  regulations,  as 
are  now  prescribed  by  law,  in  respect  to  the  marshals  of  the  United 
States  heretofore  appointed :  Provided  aboays,  that  the  several  marshals 
of  the  United  States,  now  in  office,  shall,  during  the  periods  for  which 
they  were  respectively  appointed,  unless  sooner  removed  by  the  President 
of  the  United  States,  be  and  continue  marshals  for  the  several  districts 
hereby  established,  within  which  they  respectively  reside;  and  shall  per- 
form the  duties,  exercise  the  powers,  and  receive  the  emoluments,  hereby 
directed  to  be  performed,  exercised  and  received,  by  marshals  therein. 

Sec.  37.  And  he  it  further  enacted.  That  there  shall  be  appointed  for 
each  of  the  districts  hereby  established,  a  person  learned  in  the  law,  to 
act  as  attorney  for  the  United  States  within  such  district,  and  in  the 
circuit  and  district  courts  which  may  be  holden  therein ;  which  attorney 
shdl  take  an  oath  or  affirmation  for  the  faithful  performance  of  the  du- 
ties of  his  office,  and  shall  prosecute,  in  such  district,  all  delinquents  for 


and  flrom  thence 
to  the  Bnpreme 
court. 


Writa  of  error 
to  the  cirouit 
courts. 


Security^  taken 
apon  writa  of 
error  or  appeals 
to  be  sent  ap 
with  the  record. 


Marshals  to 
be  appointed. 


District  attor- 
nies  to  be  ap- 
pointed. 


100 


SIXTH  CONGRESS.    Sess.  U.  Ch.  5.    1801. 


Diftrict  atior- 
niei. 


Companntioii 
of  jnron  and 
witnewea. 


Recorda  of  the 
circuit  courta, 
when  to  be 
kept 


Soiton,  &c. 
how  far  priri. 
leged  from  ar- 
reat 


Salariea   of 
jadgea. 


crimes  and  offences  cognizable  under  the  authority  of  the  United  States, 
and  all  civil  actions  or  suits  in  which  the  United  States  shall  be  con- 
cerned, except  actions  or  suits  in  the  supreme  court  of  the  United  States; 
and  shall  be  entitled  to,  and  receive,  for  their  services  respectively,  such 
compensations,  emoluments  and  fees,  as  by  law  are  or  shall  be  allowed, 
to  the  district  attornies  of  the  United  States:  Provided  ahcays,  that  the 
district  attornies  of  the  United  States  now  in  office  shall,  severaUy  and 
respectively,  be  attornies  for  those  districts  hereby  established,  within 
which  they  reside,  until  removed  by  the  President  of  the  United  States; 
and  shall  perform  the  duties,  exercise  the  powers,  and  receive  the  emol- 
uments, hereby  directed  to  be  performed,  exercised  and  received,  by  the 
attorney  of  the  United  States  therein. 

Sec.  38.  And  be  itfitriher  enacted.  That  jurors  and  witnesses  attend- 
ing any  of  the  courts,  hereby  established,  shal)  be  entitled  to  and  receive 
the  same  compensations  respectively,  as  heretofore  have  been  allowed 
by  law  to  jurots  and  witnesses,  attending  the  circuit  and  district  courts 
of  the  United  States. 

Sec.  39.  And  be  it  further  enacted.  That  the  records  of  the  several 
circuit  courts,  hereby  established,  shall  hereafter  be  kept  at  the  respec- 
tive places  at  which  the  said  courts  are  hereby  directed  to  be  holden: 
Provided  aheays,  that  in  the  district  wherein  there  are  more  than  one 
place  directed  by  this  act  for  holding  said  circuit  courts,  the  records  of 
the  circuit  court  in  such  district  shul  hereafter  be  kept  in  either  of  such 
places,  as  the  said  court  in  such  dutrict  shall  direct. 

Sec.  40.  And  be  it  further  enacted.  That  the  privilege  from  arrest 
of  every  person  going  to,  attending  at,  or  returning  from,  any  court  of 
the  Unit^  States,  shall  be  computed  and  continue,  from  the  time  of  his 
or  her  departure  from  his  or  her  habitation,  until  his  or  her  return  there- 
to: Provided,  that  such  time  shall  not  exceed  one  day,  Sundays  ex- 
cluded, for  every  twenty  miles  of  the  distance,  which  such  person  must 
necessarily  travel  in  so  going  and  returning,  over  and  above  the  time  of 
attendance. 

Sec.  41.  And  be  it  further  enacted.  That  each  of  the  circuit  judges 
of  the  United  States,  to  be  appointed  by  virtue  of  this  act,  shall  be 
allowed  as  a  compensation  for  his  services,  an  annual  salary  of  two 
thousand  ddlars,  to  be  paid  quarter-yearly  at  the  treasury  of  the  United 
States ;  except  the  judges  of  the  sixth  circuit,  who  shall  be  allowed  the 
sum  of  fifteen  hundred  dollars  each,  to  be  paid  in  like  manner ;  and  that 
the  salaries  of  the  district  judges  of  Kentucky  and  Tennessee  shall  be, 
and  hereby  are,  severally  augmented  to  the  like  sum  of  fifteen  hundred 
dollars,  annually,  to  be  paid  m  like  manner. 

Approted,  February  13,  1801. 


Statdtb  II. 
Feb.  18,  1801. 


Survey    of 
landa  for  the 
refUgeea  from 
Canada,  &c.  to 
be  made. 


Chap.  V.— ^n  Ati  regulaiing  the  granU  tf  land  aporopnaUd  for  the  rrfugeee 
from  the  BritiMh  provinee$  (f  Canada  and  Nova  Seotia,(a) 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives of  the  United  States  of  America  in  Congress  assembfed,  That  the 
surveyor-general  be,  and  he  is  hereby  directed  to  cause  those  fractional 
townships  of  the  sixteenth,  seventeenth,  eighteenth,  nineteenth,  twen- 
tieth, twenty-first  and  twenty-second  ranges  of  townships,  which  join  the 
southern  boundary  line  of  the  military  lands,  to  be  subdivided  into  half 
sections,  containing  three  hundred  and  twenty  acres  each ;  and  to  return 
a  survey  and  description  of  the  same  to  the  Secretary  of  the  Treasuqr, 
on  or  before  the  first  Monday  of  December  next;  and  that  the  said 
lands  be,  and  they  are  hereby  set  apart  and  reserved  for  the  purpose  of 
satisfying  the  claims  of  persons  entitled  to  lands  under  the  act,  intituled 

W  Act  of  April  7,  1798,  chap.  S6;  act  of  March  S,  1803,  chap.  88 ;  act  of  April  M,  1816,  chap.  168. 


SIXTH  CONGRESS.    Sess.  II.  Ch.  6,  7.    1801. 


101 


''An  act  for  the  relief  of  the  refugees  from  the  British  profinces  of 
Canada  and  Nova  Scotia." 

Sac.  2.  And  be  it  Juriher  enacted,  That  the  Secretary  of  the  Trea^ 
sorj  ahall,  within  thirty  days  after  the  surrey  of  the  lands  shall  have 
been  returned  to  him  as  aforesaid,  proceed  to  determine,  by  lot  to  be 
drawn  in  the  presence  of  the  secretaries  of  state  and  of  war,  the  pri- 
ori^ of  location  of  the  persons  entitled  to  lands  as  aforesaid.  The 
persons,  thus  entitled,  shall  severally  make  their  locations  on  the  second 
Taeaday  of  January  next,  and  the  patents  for  the  lands  thus  located 
shall  be  granted  in  the  manner  directed  for  military  lands,  without 
requiring  any  fee  whatever. 

Skc.  3.  And  be  it  further  enacted,  That  the  following  persons,  claim- 
ing lands  under  the  above-mentioned  act,  shall  respectively  be  entitled 
to  the  fiJlowing  quantities  of  land;  that  b  to  say:  Martha  Walker, 
widowof  Thomas  Walker,  John  Edgar,  P.  Francis  Cazeau,  John  Allan, 
and  Seth  Harding,  respectively,  two  thousand  two  hundred  and  forty 
acres  each ;  Jonathan  Eddy,  Colonel  James  Livingston,  and  Parker 
Clark,  respectively,  one  thousand  two  hundred  and  eighty  acres  each ; 
and  the  heirs  of  John  Dodge,  one  thousand  two  hundred  and  eighty 
acres;  Thomas  Faulkner,  Edward  Faulkner,  David  Gay,  Martin  Brooks, 
Lieutenant-colonelBradford,  Noah  Miller,  Joshua  Lamb,  Atwood  Fales, 
John  Starr,  William  How,  Ebenezer  Gardner,  Lewis  F.  Delesdernier, 
John  McGown,  and  Jonas  C.  Minot,  respectively,  nine  hundred  and 
sixty  acres  each ;  and  the  heirs  of  Simeon  Chester,  nine  hundred  and 
sixty  acres ;  Jacob  Vander  Heyden,  John  Livingston,  James  Crawford, 
Isaac  Danks,  Major  B.  Von  Heer,  Benjamin  Thompson,  Joseph  Bindon, 
^loseph  Levittre,  Lieutenant  William  Maxwell,  John  D.  Mercier,  James 
Price,  Seth  Noble,  Martha  Bogart,  relict  of  Abraham  Bogart,  and  for- 
merly rdict  of  Daniel  Tucker,  and  John  Halsted,  respectively,  six  hun- 
dred and  forty  acres  each ;  David  Jenks,  Ambrose  Cole,  James  Cole, 
Adam  Johnson,  the  widow  and  heirs  of  Colonel  Jeremiah  Duggan, 
Daniel  Earl,  junior,  John  Paskell,  Edward  Chinn,  Joseph  Cone,  and 
John  Torreyre,  re^ectitely,  three  hundred  and  twenty  acres  each; 
Samuel  Fales,  one  hundred  and  sixty  acres;  which  several  tracts  of 
land  shaU,  except  the  last,  be  located  in  half  sections  by  the  respective 
claimants. 

Approved,  February  18,  1801. 


How  locationf 
•hall  be  mide. 


PateoUi  to  be 
granted. 


Qaaotitiea  of 
land  aasigned  to 
the    refngeea, 
nominallj. 


Statute  II. 

Cbap.  VI.— wfn  Jet  makinfi  the  Port  of  Biddeford  and  Pepperrelborough^  and     Feb.  18»  1801. 

ike  Port  rf  New  Bedford^  %n  Mueachuaetts,  parte  of  entry  for  ahips  or  veetele,    

anivifigfrom  the  Co^  of  Good  Hope^  and  from  piaeea  beyond  the  uane. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the      Biddeford  and 
United  States  of  America  in  Congress  assembUd,  That  the  port  of  Bid-   f®PPh"®^52^f 
delbrd  and  Pepperrelborough,  and  the  port  of  New  Bedford,  in  the  com-   ent?y.  ^^ 
monwealth  of  Massachnsetts,  be,  and  they  are  hereby  made,  ports  df       Vol.  i.  630. 
entry  for  ships  or  vessels  arriving  from  the  Cape  of  Good  Hope,  and  from 
places  beyond  the  same. 

Approved,  February  18, 1801. 


Chap.  VII. — Jin  Jet  to  ettabUeh  the  district  tf  Brietol^  and  to  annex  the  iowne 
iflSUery  and  Berwick  to  the  district  tf  Portamouth. 

Sbction  1.  Be  it  enacted  by  the  Senate  and  House  of  Representatives 
ef  ike  United  States  of  America  in  Congress  assembled.  That  from  and 
after  the  thirty-first  day  of  March  next,  the  towns  of  Bristol,  Warren  and 
Barrington,  in  the  state  of  Rhode  Island  and  Providence  Plantations, 
and  all  the  shores  and  waters  around  the  same,  within  the  following 


Statute  II. 
Feb.  25,  1801. 


Diftrict  of  Bris- 
tol established. 


102 


SIXTH  CONGRESS.    Sess.  II.  Ch.  9,  11.    1801. 


Collector  to 
redde  at  Bristol. 


1799,  ch.  S3, 
■ec.  3. 

Vessels  from 
or  bejond  the 
Cape  of  Good 
Hope  may  enter 
at  its  ports. 

Kittery  and 
Beiwick    an- 
nexed to  Ports- 
month. 


limits,  viz.  a  line  beginning  at  the  middle  of  the  bay,  between  Mount 
Hope  and  Common  Fence  Point,  running  southwesterly  through  the 
middle  of  Bristol  Ferry,  and  continuing  such  course  until  it  strikes  a 
point  of  equal  distance  from  Rhode  Island  to  Prudence  Island,  from 
thence  northwardly  on  a  straight  line  to  the  westernmost  part  of  Nahant 
Point,  and  from  thence  to  the  western  shore  of  Bullock's  Point,  shall  be 
a  district,  to  be  called  the  district  of  Bristol,  of  which  the  port  of  Bristd 
shall  be  the  sole  port  of  entry,  and  a  collector  for  said  district  shall  be 
appointed  to  reside  at  Bristol,  and  Warren  and  Barrington  shall  be  ports 
of  delivery  only,  and  a  surveyor  shall  be  appointed  to  reside  at  each  of 
the  ports  of  Bristol  and  Warren ;  and  the  surveyor  at  Warren  shall  also 
be  surveyor  for  the  port  of  Barrington. 

Sec.  2.  And  be  U  Jurfher  enacted,  That  said  port  of  Bristol  shall 
also  be  a  port  of  entry,  for  all  ships  or  vessels  arriving  from  the  C&pe  of 
Good  Hope,  or  places  beyond  the  same. 

Sec.  3.  And  be  it  further  enacted,  That  from  and  after  the  said 
thirty-first  day  of  March  next,  the  towns  of  Kittery  and  Berwick,  in  the 
state  of  Massachusetts,  shall  be  annexed  to  the  district  of  Portsmouth,  in 
New  Hampshire,  as  ports  of  delivery  only :  Provided,  that  nothing  herein 
contained  shall  be  construed  to  prevent  the  master  or  commander  of  any 
ship  or  vessel,  having  merchandise  on  board,  destined  for  either  of  the 
said  places,  from  making  entry  at  his  option,  with  the  collector  of  the 
district  of  York,  and  obtaining  permits  for  the  delivery  thereof  as  hereto- 
fore. 

Approved,  February  25,  1801. 


Statute  II. 

Feb.  26,  1801. 

Letters  to 
/ohn  Adams  to 
be  free  of  post- 
age. 
Act  of  March 

3,  1801,  ch.  36, 
sec.  3. 

Statute  II. 

Feb.  25,  1801. 

Repealed  by 
Act  or  April  6, 
1802,  ch.  19. 

Act   of  Not. 
6, 1794,  and  Act 
of  June  9, 1794, 
continued   in 
force  to  March 

4,  1801. 


1794,  ch.  66. 


Chap.  IX.— s«tfn  Act  freeing  from  postage  all  letters  and  paekeU   to  John 

Adama, 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled,  That  all  letters  and 
packets  to  John  Adams,  now  President  of  the  United  States,  after  the 
expiration  of  his  term  of  office  and  during  his  life,  shall  be  carried  by 
the  mail,  free  of  postage. 

Approved,  February  25,  1801. 


•«  Act  laying 
doCiei  upon  car- 


Chap.  XI. — Jin  Jet  to  continue  in  force  the  acts  laying  duties  on  licenses  for  selU 
ing  ufines,  and  foreign  distilled  spirits  by  retail,  and  so  much  of  the  ad  laying 
certain  duties  on  snt^  and  refinea  sugar  as  respects  a  duty  on  refined  sugar,  on 
property  sold  at  auction,  and  on  caniages  for  the  conveyance  cf  persons. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  an  act  passedf  on  the  fifth 
day  of  June,  in  the  year  one  thousand  seven  hundred  and  ninety-four, 
intituled  "An  act  laying  duties  on  licenses  for  selling  wines  and  foreign 
distilled  spirituous  liquors  by  retail ;"  and  that  so  much  of  an  act  passed 
on  the  fifUi  day  of  June,  in  the  year  one  thousand  seven  hundred  and 
ninety-four,  intituled  '<An  act  laying  certain  duties  upon  snuff  and 
refined  sugar,"  as  respects  a  duty  upon  refined  sugar,  and  that  an  act 
passed  on  the  ninth  day  of  June,  in  the  year  one  thousand  seven  hundred 
and  ninety-four,  intituled  <'An  act  laying  duties  on  property  sold  at  auc- 
tion," and  which  acts  were,  by  an  act,  passed  on  the  third  day  of  March, 
in  the  year  one  thousand  seven  hundred  and  ninety-five,  continued  in 
force  until  the  first  day  of  March,  in  the  year  one  thousand  eiffht  hun- 
dred and  one,  shall  be,  and  the  same  are  hereby  continued  in  force 
without  limitation  of  time ;  any  thing  in  any  former  act  to  the  contrary 
notwithstanding. 

Sec.  2.  Be  it  further  enacted.  That  so  much  of  the  thirteenth 
section  of  an  act,  passed  on  the  twenty-eighth  day  of  Hay  in  the  year 


SIXTH  CONGRESS.    Sess.  II.  Ch.  12, 13, 15.     1801. 


103 


one  thousand  seven  hundred  and  ninety-eix,  intituled  "An  act  laying  riages,*'  &c. 

daties  upon  carriages  for  the  conveyance  of  persons,  and  repealing  the  continu^  with- 

former  act  for  that  purpose,"  as  limits  the  duration  of  said  act,  shdl  be  ^"|yi^*^^  1795 

and  the  same  is  hereby  repealed,  and  said  act  is  hereby  continued  in  ch.  37. 
force,  without  limitation  of  time. 
Apfroted,  February  25,  1801. 


— ^  Statute  II. 

Chap.  XIL— .tfn  Act  declaring  the  eanaent  of  Congren  to  an  act  (f  the  $tate  cf     Feb.  87,  1801. 

Maryland,  paned  ike  twenty -eighth  day  rf  December,  one  thotuand  seven  Ann-    ; 

dred  and  ninety 4hru,  for  the  appointment  if  a  Health  Officer,  [Expired.] 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  consent  of  Congress 
be,  and  is  hereby  granted  and  declared,  to  the  operation  of  an  act  of 
the  General  Assembly  of  Maryland,  passed  the  twenty-eighth  day  of 
December,  one  thousand  seven  hundred  and  ninety-three,  intituled  "An 
ad  to  appoint  a  health  officer  for  the  port  of  Baltimore,  in  Baltimore 
eoontj,"  so  far  as  to  enable  the  state  aforesaid  to  collect  a  duty  of  one 
cent  per  ton,  on  all  vessels  coming  into  the  district  of  Baltimore  from  a 
fofeign  voyage,  for  the  purposes  in  said  act  intended. 

Sec.  2.  And  be  it  further  enacted.  That  this  act  shall  be  in  force  for 
three  years,  from  the  passing  thereof,  and  from  thence  to  the  end  of  the 
next  session  of  Congress  thereafter,  and  no  longer. 

Approved,  February  27,  1801. 


Continued  by 
Act  of  March  1, 
1805,  ch.  19. 


Chap.  XIII An  Ad  to  allow  the  tn 

diae,  to  and  from  Philadelphia  and  j 
andSauofroM, 


\  of  goods,  wares  and  merchant 
Uimore,  by  the  way  of  Appoquinimink 


Statute  II. 
Feb.  S7,  1801. 


3e  it  enacted  bv  the  Senate  and  House  of  Representatives  of  the     Goods  import. 
United  States  of  America  in  Congress  assembled.  That  any  goods,  wares  ^  "*^®  ^^' 
and  merchandise,  which  lawfully  might  be  transported  to  or  from  the  ddphir^may  be 
city  of  Philadelphia  and  Baltimore,  by  the  way  of  Elkton,  Bohemia  or  transported  by 
Frenchtown,  and  Port  Penn,  Appoquinimink,  New  Castle,  Christiana  '^^^^^jj!?^ 
Bridge,  Newport  or  Wilmington,  shall  and  may  lawfully  be  transported,  ^ren.       '^ 
to  and  from  the  city  of  Philadelphia  and  Baltimore,  by  the  way  of  Ap- 
poqoinimink  and  Sassafras  river,  and  shall  be  entitled  to  all  the  benefits      1799,  ch.  as. 
and  advantages,  and  shall  be  subject  to  all  the  provisions,  regulations, 
limitations  and  restrictions,  existing  in  the  case  of  goods,  wares  and 
merchandise,  transported  by  any  of  the  routes  before  mentioned. 

Approved,  February  27,  1801. 


Chap.  XV. — An  Act  eoneeming  the  District  tf  Cblumbia,(a) 
Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Representatives 


Statutk  IL 
Feb.  S7,  1801. 


_.  —  w    M-'      ~ -^  — s Lews  ofVir- 

of  the   United  States  of  America  in  Congress  assembled,    That  the   ginia  and  Mary- 

(tf)  District  of  Columbia.  The  acts  for  the  goTemment  and  adminiatration  of  jaatice  in  the  District  of 
Colvmbia,  are : 

1.  An  act  for  establishing  the  temporary  and  permanent  seat  of  the  gOTomment  of  the  United  States, 
Jolj  16, 1790,  chap.  28. 

S.  An  act  sapplemeatary  to  an  act  entitled,  "An  act  concerning  the  District  of  Columbia,**  March  3, 
1801,  chap.  S4. 

3.  An  act  concerning  the  District  of  Columbitt,  Febmary  37,  1801,  chap.  15. 

4.  An  act  additional  tc  an  act  amendatory  of  an  act  entitled,  «An  act  concerning  the  District  of  Co- 
lombia,** lAay  3,  1808,  chap.  53. 

5.  An  act  to  amend  the  judicial  system  of  the  United  States,  April  29, 1802,  chap.  31,  sec.  24. 

6.  An  act  for  the  relief  of  insolvent  debtors  within  the  District  of  Columbia,  March  3,  1803,  chap.  20. 

7.  An  act  to  extend  the  jurisdiction  of  justices  of  the  peace  in  the  recovery  of  debts,  in  the  District  of 
Colambia,  March  1,  1823,  chap.  23. 

8.  An  aet  respecting  the  adjournment  of  the  circuit  court  of  the  District  of  Columbia,  March  3,  1826. 


104  SIXTH  CONGRESS.    Sess.  II.  Ch.  15.    1801. 

land  continued   laws  of  the  State  of  Virginia,  as  they  now  exist,  shall  be  and  continue 
SftricT  "         ^  ^®«^  '^^  *^'  P«rt  ^^  ^«  District  of  Columbia,  which  was  ceded  by 
the  said  state  to  the  United  States,  and  by  them  accepted  for  the  perma- 
nent seat  of  government;  and  that  the  laws  of  the  state  of  Maryland, 

9.  An  act  altering  the  times  of  holding  the  circuit  coorta  in  the  District  of  Colombia,  May  SO,  1826, 
chap.  131.  * 

10.  An  act  to  eatablish  a  criminal  court  in  the  District  of  Columbia,  July  7,  1838,  chap.  192. 

11.  An  act  to  restrain  the  circulation  of  small  notes  as  a  currency  in  the  District  of  Columbia,  and  for 
other  purposes,  July  7,  1838,  chap.  212. 

12.  Resolution  directing  the  manner  in  which  certain  lawa  of  the  District  of  Colombia  shall  be  ezecoted, 
March  2,  1839. 

13.  An  act  for  granting  possessions,  enrolling  conTeyances  and  securing  the  estates  of  purchasers  within 
the  District  of  Colombia,  May  31,  1832,  chap.  112. 

14.  An  act  changing  the  times  of  holding  the  courts  in  the  District  of  Columbia,  May  31, 1832,  chap.  114. 
Act  of  February  30,  1839,  chap.  30. 

The  decisions  of  the  courts  of  the  United  States  upon  this  and  other  statutes  relating  to  the  District  of 
Columbia,  and  other  questions  arising  in  the  district,  have  been : 

The  act  of  Congress  of  27  February,  1801,  concerning  the  District  of  Columbia,  directs  that  writs  of 
error  shall  be  prosecuted  in  the  same  manner,  under  the  same  regulations,  and  die  same  proceedings 
shall  be  had  thereon,  as  is  or  shall  be  provided  in  case  of  writs  of  error  on  jodnnents,  or  appeals  opon 
orders  or  decrees,  rendered  in  the  circuit  conrts  of  the  United  States.  United  States  «.  Hooe  et  ah,  1 
Cranch,  318 ;  1  Cond.  Rep.  322. 

By  the  separation  of  the  District  of  Colombia  from  the  state  of  Maryland,  the  residents  in  that  part  of 
Mainland  which  became  a  part  of  the  district  ceased  to  be  citisens  of  the  state.  Reilly,  Appellant  e. 
Lamar  et  al.,  2  Cranch,  344:  1  Cond.  Rep.  419. 

A  citizen  of  the  District  of  Columbia,  could  not  be  discharged  by  the  insolrent  law  of  Maryland,  out 
of  the  district.    Ibid. 

A  citixen  of  the  District  of  Columbia,  cannot  maintain  an  action  in  the  circuit  court  of  the  United 
States,  out  of  the  district ;  he  not  being  a  citisen  of  a  stste  within  the  meaning  of  the  proTision  in  the 
law  of  the  United  States,  regulating  the  jurisdiction  of  the  courts  of  the  UnitMl  States.  Hepburn  and 
Dundas  o.  ElUeT,  2  Cranch,  446 ;  1  Cond.  Rep.  444. 

A  justice  of  the  peace,  in  the  District  of  Columbia,  is  an  oiBcer  of  the  government  of  the  United  States ; 
and  IS  exempt  from  militia  duty.    Wise  o.  Withers,  3  Cranch,  331 ;  1  Cond.  Rep.  652. 

Under  the  sixth  and  eighth  sections  of  the  act  of  assembly  of  Yiiginia,  of  the  22d  of  December,  1794, 
property  pledged  to  the  Mutual  Assurance  Society,  8fcc.  continues  liable  for  assessments,  on  account  of 
the  losses  insured  against,  in  the  hands  of  a  bona  fide  purchaser,  without  notice.  The  Mutual  Assurance 
Society  o.  Watts'  £x*rs,  1  Wheat.  279 ;  3  Cond.  Rep.  670. 

A  mere  change  of  sovereignty  produces  no  change  in  the  state  of  rights  existing  in  the  soil ;  and  the 
cession  of  the  &trict  of  Columbia  to  the  national  government  did  not  affect  the  lien  created  by  the  above 
act  on  real  property  situate  in  the  town  of  Alexandria ;  thouvh  the  oersonal  character  or  liability  of  a 
member  of  the  society  could  not  be  thereby  forced  on  a  purchaser  or  such  property.    Ibid. 

Congress  has  authority  to  impose  a  direct  tax  on  the  District  of  Columbia,  in  proportion  to  the  census 
directed  to  be  taken  by  the  constitution.    Loushboroo^h  «.  Blake,  6  Wheat.  317 ;  4  Cond.  Rep.  660. 

Congress,  when  lenalating  for  the  District  of  Colombia,  onder  the  fifth  section  of  the  first  article  of  the 
constitution,  is  still  ue  legislatore  of  the  Union,  and  its  acts  are  the  lawa  of  the  United  States.  Cohens 
V.  Virginia,  6  Wheat.  264 ;  6  Cond.  Rep.  90. 

An  act  of  the  legislature  of  Maryland,  passed  the  19th  of  December,  1791,  entitled  <*  An  act  concern- 
ing the  territonr  of  Colombia,  and  the  city  of  Washington,"  which,  by  the  6th  section,  provides  for  the 
hcMding  of  lan^  bv  <*  foreigners,*'  is  an  enabling  act ;  and  applies  to  those  only  who  coold  not  take  lands 
withoot  the  provisions  of  uat  law.  It  enables  a  «  foreigner"  to  take  in  the  same  manner  as  if  he  were 
a  citixen.    Spratt  v.  Spratt,  1  Peters,  349. 

A  foreigner  who  becomes  a  citixen,  is  no  longer  a  foreigner,  within  the  view  of  the  act.  Thos,  after 
porchase,  lands  vested  in  him  as  a  citixen ;  not  by  virtoe  of  the  act  of  the  legislatore  of  Maryland,  bot 
oecause  of  his  acquiring  the  rights  of  citixenship.    Ibid. 

Land  in  the  county  of  Washington,  and  District  of  Colombia,  purchased  by  a  foreigner,  before  natural, 
isation,  was  held  by  him  under  the  law  of  Maryland,  and  might  be  transnutted  to  the  relations  of  the 
purchasers,  who  were  foreigners :  and  the  capacity  so  to  transmit  those  lands,  is  given,  absolutely,  by 
this  act,  and  is  not  affected  by  his  becoming  a  citixen ;  but  passes  to  his  heirs  and  relations,  precisely  as 
if  he  had  remained  a  foreigner.    Ibid. 

The  supreme  court  of  ttie  United  States  has  jurisdiction  of  appeals  fVom  the  orphans'  court,  through 
the  circuit  court  for  the  county  of  Washington,  by  virtue  of  the  act  of  Congress  of  February  13,  1801 : 
and  by  the  act  of  Congress  sobseqoently  passed,  the  matter  in  dispote,  exclosive  of  costs,  most  exceed 
the  vsJue  of  one  thoosand  dollars,  in  order  to  entiUe  the  party  to  an  appeal.  NichoUs  et  al.  v.  Hodges* 
Ex'rs,  1  Peters,  666. 

The  statote  of  Elisabeth  is  in  force  in  the  District  of  Colombia.  Cathcart  et  al.  v.  Robinson,  6  Peters. 
264. 

The  levy  court  of  Washin^on  coonty  is  not  entiticd  to  one  half  of  all  the  fines,  penalties,  and  for- 
feitures imposed  by  the  circuit  court  in  cases  at  common  law,  and  onder  the  acts  of  Congress,  as  well  as 
the  acts  of  assembly  of  Maryland,  adopted  by  Congress  as  tiie  law  of  the  District  of  Colombia.  Levy 
Coort  of  Washington  v.  Ringgold,  6  Peters.  461. 

The  soprcme  coort  of  the  United  States  has  no  jorisdiction  of  canses  brooght  before  it,  upon  a  certifi. 
cate  of  division  of  opinion  of  the  jodges  of  the  circoit  coort  for  the  District  or  Colombia.  The  appellate 
jurisdiction,  in  respect  to  that  coort,  extends  only  to  its  final  jodgmenta  and  decrees.  Ross  v.  Triplett. 
S  Wheat.  600;  4  Cond.  Rep.  361. 

By  the  insolvent  law  of  Maryland,  of  Janoary  3, 1800,  the  chancellor  of  Maiyland  coold  not  discharge 
one  who  was  an  inhabitant  of  the  District  of  Colombia,  after  the  separation  from  Maryland,  unless  previous 


SIXTH  CONGRESS.    Sisss.  U.  Ch.  15.    1801.  105 

•s  they  now  exist,  sbaU  be  and  continue  in  force  in  that  part  of  the  said 
diatrict,  which  was  ceded  by  that  state  to  the  United  States,  and  by  them 
accepted  as  aforesaid. 

Skc.  %  iliM^ftet^yvitAerenoclec^  That  the  said  district  of  Columbia        It  ihalJ  b« 
diall  be  formed  into  two  counties;  one  county  shall  contain  all  that  part   formed  into  two 
of  said  district,  which  lies  on  the  east  side  of  the  river  Potomac,  to-  ^^^^^ 
gether  with  the  islands  therein,  and  shall  be  called  the  county  of  Wash-       Wathingtoa 
ingtoo  ;  the  other  county  shall  contain  all  that  part  of  said  district,  which  county. 
lies  OD  the  west  side  of  said  river,  and  shall  be  called  the  county  of        Alexandrim 
Alexandria ;  and  the  said  river  in  its  whole  course  through  said  district  ^^^^J- 
shall  be  taken  and  deemed  to  all  intents  and  purposes  to  be  within  both 
of  said  counties. 

Sbc.  ^  Be  it  further  enaeted,  That  there  shall  be  a  court  in  said      Cirenit  court 
district,  which  shall  be  called  the  circuit  court  of  the  district  of  Co-  estabUibedmit. 
lumbia;  and  the  said  court  and  the  judges  thereof  shall  have  all  the 
powers  by  law  rested  in  the  circuit  courts  and  the  judges  of  the  circuit 
Goarts  of  the  United  States.    Said  court  shall  consist  of  one  chief  judge      To  eoniiit  of 
and  two  assistant  judges  resident  within  said  district,  to  hold  their  re-   ®"^  chief  judge 
qpectire  offices  during  good  behaviour ;  any  two  of  whom  shall  constitute   ^^  jodge^'^'^ 
a  quorum;  and  each  of  the  said  judges  shall,  before  he  enter  on  his 
office,  take  the  oath  or  affirmation  provided  by  law  to  be  taken  by  the 

to  that  aepentioa  he  had  entitled  himself  to  a  diacharge  bj  performing  all  the  reqniiitea  of  the  act. 
tLmOlj  V.  Lamar  et  al.  2  Cranch,  344 ;  1  Cond.  Rep.  419. 

No  appeal  or  writ  of  error  Ilea,  in  a  criminal  caae,  from  the  judgment  of  the  circuit  court  of  the  Diatrict 
of  Colombia,  to  the  aupreme  court  of  the  United  Statea :  the  appellate  joriadiction  giren  bv  the  act  of 
Cooflreaa,  is  confined  to  cItU  caaea.    United  Sutel  v.  Moore,  3  Cranch,  i59;  1  Cond.  Rep.  480. 

There  ia,  in  the  Diatrict  of  Columbia,  no  diriaiou  of  powera  between  the  general  and  the  atate  goTom- 
menti.  Congreaa  haa  the  entire  control  over  the  diatrict,  for  every  pnrpoae  of  government :  and  it  ia 
reaaonable  to  auppoae  that,  in  organising  a  judicial  department  in  the  diatrict,  all  the  judicial  power, 
tteeeeaaiy  for  the  jrarpoae  of  government,  would  be  veated  in  the  courta  of  juatice.  KenaaU,Poatmaater 
General  v.  The  United  Sutea,  12  Petera,  624. 

The  circuit  court  of  the  United  Statea,  for  the  Diatrict  of  Columbia,  haa  a  right  to  award  a  roandamua 
to  the  poatinaater- general  of  the  United  Statea,  requiring  him  to  paaa  to  the  credit  of  certain  contractora 
tot  coBvejing  the  mail  of  the  United  Statea,  a  aum  found  to  be  due  to  them  bj  the  aolicitor  of  the  treaaury 
of  the  United  Statea,  the  aolicitor  acting  under  the  apecial  proviaiona  of  an  act  of  Congreaa.    IHd, 

There  can  be  no  doubt,  that,  in  the  atate  of  Maryland,  a  writ  of  mandamua  might  be  iaaued  to  an 
executive  officer,  commanding  him  to  perform  a  mimaterial  act,  required  of  him  by  the  lawa :  and  if  it 
would  lie  in  that  atate,  there  can  be  no  good  reaaon  why  it  ahould  not  lie  in  the  Diatrict  of  Columbia,  in 
aaalogoua  caaea.    /MdL 

The  powera  of  the  aupreme  court  of  the  United  Statea,  and  of  the  circuit  courta  of  the  United  Statea, 
to  iaane  writa  of  mandamua,  granted  bv  the  fourteenth  section  of  the  judiciary  act  of  17^,  ia  only  for  the 
pnpoae  of  bringing  the  caae  to  a  final  judgment  or  decree,  ao  that  it  may  be  reviewed.  The  mandamua 
does  not  direct  the  inferior  court  how  to  proceed,  but  only  that  it  muat  proceed,  according  to  ita  own 
judgment,  to  a  final  determination ;  otherwiae  it  cannot  be  reriewed  in  the  appellate  court  It  ia  different 
IB  the  circuit  court  of  the  Diatrict  of  Columbia,  under  the  adoption  of  tne  lawa  of  Maryland,  which 
included  the  common  law.    JMd. 

The  power  of  the  circuit  court  of  the  Diatrict  of  Columbia,  to  eierciae  the  juriadiction  to  iaaue  a  writ 
of  mandamua  to  a  public  officer,  to  do  an  act  required  of  him  by  law,  reaulta  from  the  third  aection  of 
the  act  of  Congreaa  of  February  27,  1804 ;  which  declarea  that  the  court  and  judgea  thereof  ahall  have 
all  the  powera  by  law  veated  in  the  circuit  courta  of  the  United  Sutea.  The  circuit  courta  referred  to, 
were  thoae  eatabliahed  by  the  act  of  February  13,  1801.  The  repeal  of  that  law,  fifteen  montha  after- 
waida,  and  after  that  law  had  gone  into  operation,  under  the  act  of  February  27,  1801,  could  not  in  any 


affect  that  law,  any  further  than  waa  provided  by  the  repealing  act.    Ibid. 

The  circuit  courta  of  the  United  Statea,  aitting  in  the  atatea  of  the  Union,  have  no  juriadiction  in  a  caae 
ia  which  a  citizen  of  the  Diatrict  of  Columbia  ia  plaintiff.  Weatcott'a  Leaaee  v.  Inhabitanta,  &c.  Petera' 
C.C.R.46. 

The  act  of  Congreaa  of  June,  1822,  authorizea  any  peraon  to  whom  admintatration  haa  been  granted  by 
the  atatea  of  the  United  Statea,  to  proaecute  claima  by  auita  in  the  Diatrict  of  Columbia,  in  the  aaroe  man- 
ner  aa  if  the  aame  had  been  granted  by  proper  authority,  in  the  Diatrict  of  Columbia,  to  anch  peraona. 
The  power  ia  limited  by  ita  terma  to  the  inatitntion  of  auita,  and  doea  not  authorize  auita  affainst  an  exe- 
cutor or  adminiatrator.  The  effect  of  thia  law  waa  to  make  all  debts  due  by  peraona  in  toe  Diatrict  of 
Columbia,  not  local  aaceta,  for  which  the  adminiatrator  waa  bound  to  account  in  the  courta  of  the  diatrict, 
but  general  aaaeta  which  he  had  full  authority  to  receive,  and  for  which  he  waa  bound  to  account  in  the 
courta  of  the  atate  from  which  he  derived  hia  lettera  of  administration.  Vaoghan  et  al.  v.  Northup  et  al., 
16  Petera'  Rep.  1. 

The  eonrta  of  the  United  Sutea  in.  the  Diatrict  of  Columbia,  have  a  like  juriadiction  upon  peraonal 
property,  with  the  courta  in  England,  and  in  the  atatea  of  the  Union ;  and  in  the  abaence  of  atatutory 
proviaiona,  in  the  trial  of  them  they  muat  apply  the  aame  common  law  principle  which  regulatea  the  mode 
of  bringinff  anch  actiona,  the  pleamnga  ana  the  proof.    M'Kenna  v.  Fiake,  17  Petera'  Rep.  246. 

Vol.  II.— 14 


106 


SIXTH  CONGRESS.    Sess.  n.  Ch.  16, 17, 18.     1801. 


within  the  distribt,  shall  be  tested  in  the  name  of  the  chief  judge  of  the 
district  of  Columbia. 
SaTiDB  of  the       Sec.  16.  And  he  it  firther  enacted,  That  nothing  in  this  act  con- 
rigrt^of  eorpo-   ^i^^q^^  g^^j  Jq  miy  ^\^  tJtsr,  impeach  or  impair  the  rights,  granted  by 
or  derived  from  the  acts  of  incorporation  of  Alexandria  and  Georgetown, 
or  of  any  other  body  corporate  or  politic,  within  the  said  district,  except 
so  far  as  relates  to  the  judicial  powers  of  the  ccHrporations  of  Georgetown 
and  Alexandria. 
Approved,  February  27, 1801. 


Statitte  II.  

March  3  1801.     Chap.  XVI.— «tfft  Jet  tupplemeniary  to  anaet^  intituled  **Jnaetto  diMtHm 

*- 1        territory  if  the  Umted  Statu  northtoeat  cf  the  OkiOf  into  two  eeparate  govern' 

[Ohtolete.]  mente.*^ 

1800,  ch.  4?  '       ^^  ^  enacted  by  the  Senate  and  Himse  of  R^esentaHves  of  the  Unittd 
Certain  ioita   States  of  America  in  Congress  assembled,  That  all  suits,  and  process 

reTiTed.  ^q^  proceedings,  which,  on  the  third  day  of  July,  one  thousand  eight 

hundred,  were  pending  in  any  court  of  either  of  the  counties,  which  by 
the  act  intituled  '<An  act  to  divide  the  territory  of  the  United  States 
northwest  of  the  Ohio,  into  two  separate  governments,"  has  been  in- 
cluded within  the  Indiana  territory ;  and  that  all  suits,  process  and  pro- 
ceedings, which,  on  the  aforesaid  third  day  of  July,  were  pending  in  the 
general  court  of  the  territory  of  the  United  States  northwest  of  the  Ohio, 
m  consequence  of  any  writ  of  removal  or  order  for  trial  at  bar,  had  been 
removed  from  either  of  the  counties  now  within  the  limits  of  the  Indiana 
territory  aforesaid,  shall  be  and  they  are  hereby  revived  and  continued ; 
and  the  same  proceedings,  before  the  rendering  of  final  judgment  and 
thereafter,  may  and  shall  be  had,  in  the  same  courts,  in  all  suits  and 
process  aforesaid,  and  in  all  things  concerning  the  same,  as  by  law  might 
have  been  had  in  case  the  said  territory  of  the  United  States  northwest 
of  the  Ohio  had  remained  undivided. 
Approved,  March  2^  1801. 


Statuts  n. 
March  3, 1801. 

[Repealed.] 
District   of 


Diitrict  of 
Palmjra. 

Section  16, 
Act  of  March  3, 
1799,  repealed. 


Statute  II. 

>garchg,1801. 

[ObMlete.] 


Chap.  XVII An  Jet  to  add  to  the  dietriet  of  Maesae^  on  the  Ohio,  and  to  die- 

continue  the  dialriet  cf  Pahnyra  in  the  elate  J  Tameeeee,  and  therein  to  amend 
the  aet,  intituled  ^^Jn  act  to  r^gtUate  the  tol&etion  ef  duties  on  impoirie  and  ton- 
nagey 

Be  it  enacted  by  the  Senate  and  House  of  RemresemtaHves  of  the 
United  States  of  America  in  Congress  assembled.  That  Uie  district  of 
Massac,  in  addition  to  the  territory  it  already  possesses,  shall  include  all 
waters,  shores,  and  inlets,  now  included  within  the  district  of  Palmyra, 
and  all  rivers,  waters,  shores  and  inlets,  lying  within  the  state  of  Ten- 
nessee. 

Sec.  2.  And  be  it  further  enacted,  That  from  and  after  the  thirtieth 
day  of  June  next,  so  much  of  the  ''Act  to  regulate  the  collection  of  du- 
ties on  imports  and  tonnage,"  as  establishes  the  district  of  Palmyra  in 
the  state  of  Tennessee,  shall  be  repealed,  except  as  to  the  recovery  and 
receipts  of  such  duties  on  goods,  wares  and  merchandise,  and  on  tl^  ton- 
nage of  ships  or  vessels,  as  shall  have  accrued,  and  as  to  the  recovery 
and  distribution  of  fines,  penalties  and  forfeitures,  which  shall  have  been 
incurred  before  and  on  the  said  day. 

Approved,  March  2,  1801. 


Chap.  XVlII-^^fi  Jet  making  appropriatione  for  the 
the  United  States,  for  the  year  one  thousand  eight 


ettablid^metU  cf 
and  one* 


Be  it  enacted  by  the  Senate  and  Hauu  of  Representatives  of  iks 
United  States  of  America  in  Congress  assembhd.  That  for  defraying  the 


SIXTH  CONGRESS.    Sssa.  II.  Ch.  19.     1801. 


109 


apoiaes  of  the  military  establishment  of  the  United  States,  for  the  year     ApproprUtioM 
one  thousand  eight  hundred  and  one,  the  pay  and  subsistence  of  the   '^^T^^J"^^"^ 
officers  and  men,  bounties  and  premiums,  the  clothing,  hospital,  ord-  ^^theindLi 
nance,  quartermaster's  and  Indian  departments,  the  defensive  protection   annuitiei. 
of  the  frontiers,  the  contingent  expenses  of  the  war  department,  for  the 
ftbiicaiion  of  cannon  and  arms,  and  purchase  of  ammunition,  and  for 
the  payment  of  military  pensions,  the  sum  of  two  millions,  ninety-three 
thousand  and  one  dollars,  be,  and  is  hereby  appropriated ;  that  is  to  say. 

For  the  pay  of  the  army  of  the  United  States,  four  hundred  and  eighty 
thousand  three  hundred  and  ninety-six  dollars. 

For  the  subsistence  of  the  army,  three  hundred  and  six  thousand  three 
hundred  and  ninety-five  dollars. 

For  forage,  the  sum  of  seven  thousand  six  hundred  and  eighty  dollars. 

For  horses  to  replace  those  which  may  die,  or  become  unfit  for  service, 
the  sum  of  five  thousand  dollars. 

For  clothing,  the  sum  of  one  hundred  and  forty-one  thousand  five 
hundred  and  thirty  dollars. 

For  bounties  and  premiums,  the  sum  of  forty-two  thousand  dollars. 

For  the  hoq;>ital  department,  the  sum  of  twenty  thousand  doUars. 

For  the  ordnance  department,  the  sum  of  one  hundred  thousand  dollars. 

For  the  quartermaster's  department,  the  sum  of  one  hundred  and 
sixty-five  thousand  dollars. 

For  paying  annuities  to  the  following  nations  of  Indians,  in  pursuance 
of  treaties:  to  the  Six  Nations,  Cherokees,  Chickasaws  and  Creeks,  the 
sum  of  fifteen  thousand  dollars;  and  for  presents  to  the  Choctaws,  two 
thousand  dollars. 

F<ff  defiraying  the  expense  of  the  transportation  of  annuities  to  the 
Indian  tribes,  ten  thousand  dollars. 

F<v  promoting  civilization  among  the  Indian  tribes,  and  pay  of  tem- 
porary agents,  and  rations  to  Indians  at  the  different  military  posts,  the 
sum  of  forty-five  thousand  dollars. 

For  the  defensive  protection  of  the  frontiers  of  the  United  Slates,  in- 
cluding the  erection  and  repairs  of  forts  and  fortifications,  the  sum  of 
thirty  thousand  dollars. 

For  loss  of  stores,  allowances  to  officers  on  being  ordered  to  distant 
commands,  and  for  special  purposes;  advertising  and  apprehending 
deserters,  printing,  purchasing  maps,  and  other  contingencies,  the  sum 
of  thirty  thousand  dollars. 

For  Uie  annual  allowance  to  the  invalids  of  the  United  States,  for  their 
pensions,  from  the  fifth  of  March,  one  thousand  eight  hundred  and  one, 
to  the  fourth  of  March,  one  thousand  eight  hundred  and  two,  the  sum 
of  ninety-three  thousand  dollars. 

For  the  fortification  of  ports  and  harbors  within  the  United  States,  the 
sum  of  two  hundred  thousand  dollars.  For  the  fabrication  of  cannon 
and  small  arms,  and  the  purchase  of  ammunition,  being  the  balance  of 
appropriations  unexpended  which  have  been  carried  to  the  surplus  fund, 
loor  hundred  thousand  doOars. 

Sec.  3.  And  be  it  fitrther  enacted.  That  the  foregoing  appropriations 
shall  be  paid  out  of  any  monies  in  the  treasury  of  the  United  States,  not 
otherwise  appropriated. 

Appmotbd,  March  2,  1801. 


Chap.  XIX«— ^  det  to  amend  the  act  intituled  **Jin  act  to  eitabUeh  a  general 

Stamp  Qffiee.^^ 

Be  it  enacted  fry  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled.  That  whenever  any 
person  or  persons  shall  pay  to  a  collector  of  the  revenue,  the  duty 

K 


Statutb  II. 

MtrehS,1801. 

[Repealed.] 
April  6, 1802, 

ch.  19. 
Mode  of  ob. 

taining  a  atamp 


106 


SIXTH  CONGRESS.    Sess.  II.  Ch.  16, 17, 18.     1801. 


righto  of 
ntiom. 


corpo- 


within  the  di8trii^t,  shall  be  tested  in  the  name  of  the  chief  judge  of  the 
district  of  Columbia. 

Sec.  16.  And  be  it  fiarther  enacted.  That  nothing  in  this  act  con- 
tained shall  in  any  wise  alter,  impeach  or  impair  the  rights,  granted  by 
or  derived  from  the  acts  of  incorporation  of  Alexandria  and  Georgetown, 
or  of  any  other  body  corporate  or  politic,  within  the  said  district,  except 
so  far  as  relates  to  the  judicial  powers  of  the  corporations  of  Georgetown 
and  Alexandria. 

Approved,  February  27, 1801. 


Statitte  II. 
March  3, 1801. 


Chap.  XVI.— «tfn  Jkt  tuppUmeniary  to  an  aet^  intiluled  **dCfi  ad  to  dimde  iks 
territory  cf  the  United  Statee  northwest  cf  the  Okio^  into  tvfo  teparate  govern^ 
[Obwlete.1  fiMirff.'^ 

1800,  ch.  4?  '       ^^  ^  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
Certain  guita   States  of  America  in  Congress  assembled,  That  all  suits,  and  process 

reTived.  ^^^^  proceedings,  which,  on  the  third  day  of  July,  one  thousand  eight 

hundred,  were  pending  in  any  court  of  either  of  the  counties,  which  by 
the  act  intituled  '*An  act  to  divide  the  territory  of  the  United  States 
northwest  of  the  Ohio,  into  two  separate  governments,"  has  been  in- 
cluded within  the  Indiana  territory ;  and  that  all  suits,  process  and  pro- 
ceedings, which,  on  the  aforesaid  third  day  of  July,  were  pending  in  the 
general  court  of  the  territory  of  the  United  States  northwest  of  the  Ohio, 
in  consequence  of  any  writ  of  removal  or  order  for  trial  at  bar,  had  been 
removed  from  either  of  the  counties  now  within  the  limits  of  the  Indiana 
territory  aforesaid,  shall  be  and  they  are  hereby  revived  and  continued ; 
and  the  same  proceedings,  before  the  rendering  of  final  judgment  and 
thereafter,  may  and  shall  be  had,  in  the  same  courts,  in  all  suits  and 
process  aforesaid,  and  in  all  things  concerning  the  same,  as  by  law  might 
have  been  had  in  case  the  said  territory  of  the  United  States  northwest 
of  the  Ohio  bad  remained  undivided. 
Approved,  March  2, 1801. 


Statuts  n. 
March  3, 1801. 

[Repealed.] 

District   of 
Massac. 


District  of 
Palmyra. 

Section  16, 
Act  of  March  3, 
1799,  repealed. 


Statute  II. 

March  g,  1801. 

[Ob«>lete.] 


Chap.  XVII.— ^n  Act  to  add  to  the  diOrid  (f  Mauae^  on  the  Ohio^  and  to  die^ 
eonUnue  the  didrid  cf  Pahnyra  in  the  etate  cf  TVrmenM,  and  therein  to  amend 
the  adn  intituled  ^*Jin  ad  to  reguhU  the  eolUdion  cf  dutiee  on  importe  and  ton' 
nage:^ 

Be  it  enacted  by  the  Senate  and  House  of  RepresewtaHves  of  the 
United  States  of  America  in  Congress  assembled,  That  the  district  of 
Massac,  in  addition  to  the  territory  it  already  possesses,  shall  include  all 
waters,  shores,  and  inlets,  now  included  within  the  district  of  Palmyra, 
and  all  rivers,  waters,  shores  and  inlets,  lying  within  the  state  of  Ten- 
nessee. 

Sec.  2.  And  be  it  further  enacted,  That  from  and  after  the  thirtieth 
day  of  June  next,  so  much  of  the  ''Act  to  regulate  the  collection  of  du« 
ties  on  imports  and  tonnage,"  as  establishes  the  district  of  Palmyra  in 
the  state  of  Tennessee,  shall  be  repealed,  except  as  to  the  recovery  and 
receipts  of  such  duties  on  goods,  wares  and  merchandise,  and  on  the  ton- 
nage of  ships  or  ressels,  as  shall  have  accrued,  and  as  to  the  recovery 
and  distribution  of  fines,  penalties  and  forfeitures,  which  shall  have  been 
incurred  before  and  on  the  said  day. 

Approved,  March  2,  1801. 


Chap.  XVIII. — JSln  Ad  making  appropriationM  for  the  BSUtarv  estabUehmtnt  cf 
ihe  United  Statee^for  the  year  one  thoutand  dght  hundred  and  one* 

Be  it  enacted  by  the  Senate  and  House  of  R^esentatives  of  the 
United  States  of  America  in  Congress  assembhd,  That  for  defraying  the 


SIXTH  CONGRESS.    Sssa.  II.  Ch.  19.     1801. 


109 


\  of  the  military  eBtablishment  of  the  United  States,  for  the  year 
one  thousand  eight  hundred  and  one,  the  pay  and  subsistence  of  the 
officers  and  men,  bounties  and  premiums,  the  clothing,  hospital,  ord- 
nance, quartermaster's  and  Indian  departments,  the  defensive  protection 
of  the  frontiers,  the  contingent  expenses  of  the  war  department,  for  the 
ftbrication  of  cannon  and  arms,  and  purchase  of  ammunition,  and  for 
the  payment  of  military  pensions,  the  sum  of  two  miUions,  ninety-three 
thousand  and  one  dollars,  be,  and  is  hereby  appropriated ;  that  is  to  say. 
For  the  pay  of  the  army  of  the  United  States,  four  hundred  and  eighty 
thousand  three  hundred  and  ninety-six  dollars. 

For  the  subsistence  of  the  army,  three  hundred  and  six  thousand  three 
hundred  and  ninety-five  dollars. 

For  forage,  the  sum  of  seven  thousand  six  hundred  and  eighty  dollars. 
For  horses  to  replace  those  which  may  die,  or  become  unfit  for  service, 
the  sum  of  five  thousand  dollars. 

For  clothing,  the  sum  of  one  hundred  and  forty-one  thousand  five 
hundred  and  thirty  dollars. 
For  bounties  and  premiums,  the  sum  of  forty-two  thousand  dollars. 
F<Hr  the  hospital  department,  the  sum  of  twenty  thousand  dollars. 
For  the  ordnance  dq;>artment,  the  sum  of  one  hundred  thousand  dollars. 
For  the  quartermaster's  department,  the  sum  of  one  hundred  and 
sixty-five  thousand  dollars. 

For  paying  annuities  to  the  following  nations  of  Indians,  in  pursuance 
of  treaties:  to  the  Six  Nations,  Cherokees,  Chickasaws  and  Creeks,  the 
sum  of  fifteen  thousand  dollars;  and  for  presents  to  the  Choctaws,  two 
thousand  doUais. 

For  defiraying  the  expense  of  the  transportation  of  annuities  to  the 
Indian  tribes,  ten  thousand  dollars. 

For  promoting  civilization  among  the  Indian  tribes,  and  pay  of  tem- 
porary agents,  and  rations  to  Indians  at  the  different  military  posts,  the 
sum  of  forty-five  thousand  dollars. 

For  the  defensive  protection  of  the  frontiers  of  the  United  Slates,  in- 
cluding the  erection  and  repairs  of  forts  and  fortifications,  the  sum  of 
thirty  thousand  dollars. 

For  loss  of  stores,  allowances  to  officers  on  being  ordered  to  distant 
oommands,  and  for  special  purposes;  advertising  and  apprehending 
deserters,  printing,  purchasing  maps,  and  other  contingencies,  the  sum 
of  thirty  thousand  dollars. 

For  the  annual  allowance  to  the  invalids  of  the  United  States,  for  their 
pensions,  from  the  fifth  of  March,  one  thousand  eight  hundred  and  one, 
to  the  fourth  of  March,  one  thousand  eight  hundred  and  two,  the  sum 
of  ninety-three  thousand  dollars. 

For  the  fortification  of  ports  and  harbors  within  the  United  States,  the 
sum  of  two  hundred  thousand  dollars.  For  the  fabrication  of  cannon 
and  small  arms,  and  the  purchase  of  ammunition,  being  the  balance  of 
appropriations  unexpended  which  have  been  carried  to  the  surplus  fund, 
four  hundred  thousiind  doUars. 

Sbc.  2.  And  be  it  further  enacted.  That  the  foregoing  appropriations 
shall  be  paid  out  of  any  monies  in  the  treasury  of  the  United  States,  not 
otherwise  ^propriated. 
Appmovbd,  March  2,  1801. 


ApproprUtioiii 
for  the  military 
establishment 
and  the  Indian 
annuities. 


Statute  II. 


Cbap.  XIX«— ^n  Jkt  to  amend  the  ad  intituled  **Jln  act  to  eetabUeh  a  general 

Stan^  Qffiee,^^ 


Be  it  enacted  6y  the  Senate  and  House  of  Representatives  of  the 

United  States  of  America  in  Congress  assembled.  That  whenever  any      

person  or  persons  shall  pay  to  a  collector  of  the  revenue,  the  duty   tainlng^a  ■ump 

K 


March  3, 1801. 

[Repealed.] 
April  6, 1802, 
ch.  19. 
Mode  of  ob. 


110 


SIXTH  CONGRESS.    Srss.  H.  Ch.  20.     1801. 


toiDinatrament 
not  Btampad. 


Act  of  April 
83,  1800,  ch.  31. 


Act  of  April 
33,  1800. 

Rep«alofpftit 
of  the  former 
act. 


Statute.  II. 
March  3, 1801. 

[Obsolete.] 

The  Prerident 
maj  caute  to  be 
■old  certain  of 
the  pablic  Tea- 
se] a. 


Six  of  the  fri- 
gatea  to  be  re- 
tained in  eon- 
■tant  aervice. 

Residue  of  the 
frigatea  laid  up. 


Component 
parta  of  a  ration 
after  the  reduc- 
tion of  theNavy. 


chargeable  by  law  on  a  deed,  instrument  or  writing,  on  which  the 
stamp  duty  chargeable  by  Jaw  shall  not  have  been  paid,  together  with 
the  further  sum  of  ten  dollars,  and  shall  obtain  the  endorsement  and 
receipt  of  such  collector,  upon  such  deed,  instrument  or  writing  there- 
for, agreeably  to  the  provisions  of  an  act,  intituled  "An  act  to  establish 
a  general  stamp  office,"  passed  on  the  twenty-third  day  of  April,  in  the 
year  one  thousand  eight  hundred,  it  shall  be  lawful  for  such  person  or 
persons  to  produce  such  deed,  instrument  or  writing,  to  the  supervisor 
of  the  revenue  within  whose  district  such  person  or  persons  shall  reside ; 
which  supervisor  thereupon  shall  certify  under  his  hand  and  seal,  and 
upon  some  part  of  the  said  deed,  instrument  or  writing,  that  the  same, 
so  endorsed,  has  been  produced  to  him,  and  that  the  said  endorsement 
is,  in  his  belief,  genuine ;  afler  which  said  endorsement  and  certificate, 
and  not  otherwise,  such  deed,  instrument  or  writing,  shall  be  to  all 
intents  and  purposes  as  valid  and  available  as  if  the  same  had  been 
or  were  stamped,  counterstamped,  or  marked  as  by  law  required ;  any 
thing  in  any  act  to  the  contrary  notwithstanding. 

Sec.  2.  Avtd  he  it  further  enacted,  That  so  much  of  the  act,  inti- 
tuled <<An  act  to  establish  a  general  stamp  office,"  as  requires  certain 
duties  to  be  performed  by  the  surveyors  of  the  revenue,  shall  be,  and 
the  same  is  hereby  repealed. 

Approved,  March  3,  1801. 


Chap.  XX. — An  Act  providing  for  a  Naval  peau  tstdbUthment^  and  for  other 

purpo»e$,(a) 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  cusembled,  That  the  President  of 
the  United  States  be,  and  he  hereby  is  authorized,  whenever  the  situa- 
tion of  public  affairs  shall  in  his  opinion  render  it  expedient,  to  cause 
to  be  sold,  they  being  first  divested  of  their  guns  and  military  stpres, 
which  are  to  be  carefully  preserved,  all  or  any  of  the  ships  and  vessels 
belon^ng  to  the  navy,  except  the  frigates  United  States,  Constitution, 
President,  Chesapeake,  Philadelphia,  Constellation,  Congress,  New  York, 
Boston,  Essex,  Adams,  John  Adams,  and  General  Greene ;  and  also  to 
lay  up  all  the  frigates  thus  to  be  retained,  except  such  as  are  directed  by 
this  act  to  be  kept  in  constant  service  in  time  of  peace. 

Sec.  2.  And  be  it  [further]  enacted,  That  six  of  the  frigates  to  be 
retained  shall  be  kept  in  constant  service  in  time  of  peace,  and  shall  be 
officered  and  manned  as  the  President  of  the  United  States  may  direct, 
not  to  exceed,  however,  two  thirds  of  the  present  complement  of  sea- 
men, and  ordinary  seamen ;  the  residue  of  the  frigates  to  be  retained 
shall  be  laid  up  in  convenient  ports,  and  there  shall  be  permanently  at- 
tached to  each  frigate  so  laid  up,  one  sailing-master,  one  boatswain,  one 
gunner,  one  carpenter,  and  one  cook,  one  sergeant  or  corporal  of  ma- 
rines, and  eight  marines ;  and  to  the  large  frigates  twelve,  and  to  the 
small  frigates  ten  seamen;  the  sailing-master  shall  have  the  general 
care  and  superintendence  of  the  ship ;  and  shall  generally  execute  such 
duties  of  a  purser  as  may  be  necessary. 

Sec.  3.  And  be  it  [fitrther]  enacted.  That  from  and  afler  the  day 
when  the  reduction  of  the  navy  shall  take  place  as  aforesaid,  the  navy 
ration  shall  consist  of  as  follows :  on  Sunday,  fourteen  ounces  of  bread, 
one  and  a  quarter  pound  of  beef,  half  a  pound  of  flour,  one  quarter  of 
a  pound  of  suet,  one  half  pint  of  distilled  spirits ;  Monday,  fourteen 
ounces  of  bread,  one  pound  of  pork,  half  pint  of  pease,  one  half  pint 
of  distilled  spirits;  Tuesday,  fourteen  ounces  of  bread,  one  pound  of 
beef,  two  ounces  of  cheese,  one  half  pint  of  distilled  spirits;  Wednes- 


to)  Act  of  March  S7,  1804,  chap.  53 ;  act  of  AprU  31, 1806,  ebap.  86. 


SIXTH  CONGRESS.    Sess.  II.  Ch.  21, 22.     1801. 


Ill 


day,  foorteen  ounces  of  bread,  one  pound  of  pork,  half  pint  of  rice, 
one  half  pint  of  distilled  spirits;  Thursday,  fourteen  ounces  of  bread, 
one  and  a  quarter  pound  of  beef,  half  pound  of  flour,  quarter  pound 
of  saet,  one  half  pint  of  distilled  spirits ;  Friday,  fourteen  ounces  of 
bread,  four  ounces  of  cheese,  two  ounces  of  butter,  half  pint  of  rice, 
half  pint  of  molasses,  one  half  pint  of  distilled  spirits ;  Saturday,  four- 
teen ounces  of  bread,  one  pound  of  pork,  half  pint  of  pease,  half  pint 
of  vinegar,  one  half  pint  of  distiUed  spirits. 

Sec.  4.  Be  it  further  enacted,  That  the  President  of  the  United 
States  retain  in  the  navy  service  in  time  of  peace,  nine  captains,  thirty- 
six  lieutenants,  and  one  hundred  and  fifty  midshipmen,  including  those 
employed  on  board  of  the  six, frigates  to  be  kept  in  service;  and  that 
he  be  authorized  to  discharge  all  the  other  officers  in  the  navy  service 
of  the  United  States,  but  such  of  the  aforesaid  officers  as  shall  be  re- 
tained in  the  service  shall  be  entitled  to  receive  no  more  than  half  their 
monthly  pay  during  the  time  when  they  shall  not  be  under  orders  for 
actual  service. 

Sec.  5.  Be  it  further  enacted^  That  all  the  commissioned  and 
warrant  officers,  who  shall  be  discharged  as  aforesaid,  shall  be  entitled 
to  receive  four  months  pay  over  and  above  what  may  be  due  to  them 
respectively  at  the  time  of  their  discharge. 

Approved,  March  3, 1801. 


Number  of 
officers  to  be  re« 
tained. 


Four  month* 
extra  pty  allow, 
ed  to  those  who 
are  discharged. 
Repealed  April 
21, 1806. 


Statdtx  II. 

March  3, 1801. 

To  remain  at 
Philadelphia. 

Act  of  March 
3,  1803,  ch.  36. 
Act  of  April  1, 
1808,  ch.  41. 

Act  of  Dec.  2, 
1812,  ch.  2. 
Actof  Jan.  14, 
1818,  ch.  4. 

Act  of  March 
3,  1823,  ch.  42. 

Certain  duties 
to  be  performed 
by  the  district 
judge  and  at- 
torney of  Penn- 
syWania  and  the 
commissioner 
of  loans. 

Statute  II. 

C H AP.  XX II. — Jin  jlet  authorizine  fhe  Secretary  of  the  TVeasury  to  employ  CUrk»    March  3,  1801. 

for  completing  the  abstrada  if  the  valuation  of  lands  and  dwelling'kou9e$f  and    

the  enumeration  of  slaoet.  [Obsolete.] 

Be  ii  enacted  hy  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  the  Secretary  of  the 
Treasury  be,  and  he  is  hereby  authorized  and  directed  to  employ  clerks, 
for  such  compensation  as  he  shall  judge  reasonable,  to  complete  the 
abstracts  of  the  valuation  of  lands  and  dwelling-houses,  and  the  enume- 

(^  The  2d  rection  of  the  act  of  March  3,  1823,  chap.  42,  proTides  that  the  duty  of  attending  to  the 
ezamination  of  the  coins  at  the  mint,  shall  be  performed  by  the  collector  of  the  port  of  Philadelphia, 
instead  of  the  commissioner  of  loans. 

By  the  32d  section  of  the  act  supplementary  to  an  act  entitled,  *'  An  act  esUblishing  a  mint,  and  regu. 
latiag  the  coins  of  the  United  Sutes,"  passed  January  18,  1837,  chap.  1,  the  annual  trial  of  the  gold 
aad  mlver  coins  of  the  United  Stetes,  is  required  to  be  made  before  the  district  judge  of  Pennsyl ranis, 
iSbm  attomey  of  the  United  SUtes  for  the  district  of  PennsyWania,  and  eollector  of  the  port  of  PhiladH- 
phia,  aad  siich  other  persons  as  the  President  of  the  United  8utes  shall,  for  that  purpose,  designate. 


Chap.  XXI. — Jn  Jet  concerning  the  Mint,(a) 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  the  mint  shall  remain  in 
the  city  of  Philadelphia,  until  the  fourth  day  of  March,  in  the  year  one 
tboasand  eight  hundred  and  three. 

Sec.  2.  And  be  it  further  enacted,  That  during  the  continuance  of 
the  mint  at  the  city  of  Philadelphia,  the  duties  now  enjoined  on  the 
Chief  Justice  of  the  United  States,  the  Secretary  and  Comptroller  of  the 
Treasury,  the  Secretary  for  the  Department  of  State,  and  the  Attorney 
General  of  the  United  States,  by  the  eighteenth  section  of  the  act,  inti- 
tuled <<  An  Act  establishing  a  mint,  and  regulating  the  coins  of  the  United 
States,"  passed  the  second  day  of  April,  one  thousand  seven  hundred 
and  ninety-two,  shall  be  performed  by  the  district  judge  of  Pennsylvania, 
the  attorney  for  the  United  States  in  the  district  of  Pennsylvania,  and 
the  commissioner  of  loans  for  the  state  of  Pennsylvania. 

Approved,  March  3,  1801. 


112 


SIXTH  CONGRESS.    Sess.  II.  Ch.  23.    1801. 


1798,  eh.  70. 


1800,  ch.  3. 
1800,  ch.  63. 


ration  of  slaves  within  the  United  States,  under  the  direction  of  the  com- 
missioners  authorized  to  direct  the  completing  of  such  abstracts,  in  those 
states  where  clerks  cannot  be  procured  by  the  commissioners,  for  the 
compensation  allowed  by  law  to  clerks  for  performing  that  business, 
agreeably  to  the  provisions  of  the  following  acts ;  that  is  to  say,  an  act, 
intituled  «An  act  to  provide  for  the  valuation  of  lands  and  dwelling- 
houses,  and  the  enumeration  of  slaves  within  the  United  States ;"  an 
act,  intituled  "An  act  supplementary  to  the  act,  intituled  <An  act  to 
provide  for  the  valuation  of  lands  and  dwelling-houses,  and  the  enume- 
ration of  slaves  within  the  United  States ;' "  and  an  act,  intituled  <'An 
act  to  provide  for  equalizing  the  valuation  of  unseated  lands." 
Approved,  March  3,  1801. 


Statute  II. 

March  S,  1801. 

Act  of  March 
9,1799,ch.  39. 

Act  of  May, 
1S02,  ch.  44. 

Right  of  pre- 
emption giTen 
to  certain  per. 
sons  who  have 
contracted  with 
J.  C.  Symmea, 
he 


1800,  ch.  65. 


Peraona  claim- 
ing  the  benefit 
of  thia  act  to 
give  notice  to 
the  receirer  of 
public  moniea 
at  Cincinnati. 


Daty  of  the 
receiver  herein. 


Chap.  XXIU.-— ytfn  Jd  giving  a  right  ef  prt'emption  to  eerUUn  peraona  who 
hoot  eoniraeUd  with  John  Ckvea  Symmea^  or  ma  aaaodatea,  for  landa  lying 
between  the  Miami  rinera^  in  the  territory  cf  the  United  Statea  northweat  tf  the 
Ohio.{a) 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Representatives 
of  the  United  /States  of  America  in  Congress  assembled,  That  any  person 
or  persons,  and  the  legal  representative  or  representatives  of  any  person 
or  persons,  who,  before  the  first  day  of  January,  in  the  year  of  our  Lord 
one  thousand  eight  hundred,  had  made  any  contract  or  contracts  in 
writing,  or  by  any  note  or  memorandum  thereof  in  writing,  either  with 
John  C3leves  Symmes,  or  with  any  of  his  associates,  or  who  had  made 
to  him  or  them,  any  payment  of  money  for  the  purchase  of  lands, 
situate  between  the  Miami  rivers,  within  the  limits  of  a  survey  made 
by  Israel  Ludlow,  in  conformity  to  an  act  of  Congress  of  the  twelfth 
of  April,  one  thousand  seven  hundred  and  ninety-two,  and  not 
comprehended  within  the  limits  of  a  tract  of  land,  conveyed  to  John 
Oeves  Symmes  and  his  associates,  by  letters  patent,  bearing  date 
the  thirtieth  of  September,  one  thousand  seven  hundred  and  ninety- 
four,  in  the  territory  of  the  United  States  northwest  of  the  Ohio,  shall 
be  entitled  to  a  preference,  in  becoming  the  purchasers,  from  the  United 
States,  of  all  the  lands  so  contracted  for,  at  Uie  price  of  two  dollars  per 
acre,  exclusive  of  the  surveying  fees,  and  other  incidental  expenses ;  and 
payment  may  be  made  therefor,  to  the  treasurer  of  the  United  States,  or 
the  receiver  of  public  monies  for  the  lands  of  the  United  States  at  Cin- 
cinnati, in  like  instalments,  and  under  the  same  conditions,  as  directed 
by  the  act,  intituled  <'An  act  to  amend  the  act,  intituled  'An  act  pro- 
viding for  the  sale  of  the  lands  of  the  United  States,  in  the  territory  of 
the  United  States  northwest  of  the  Ohio,  and  above  the  mouth  of  Ken- 
tucky riyer,'"  Provided  however,  that  no  interest  shall  be  charged  upon 
any  of  the  instalments  until  they  respectively  become  payable. 

Sec.  2.  And  be  it  further  enacted,  That  every  person,  claiming  the 
benefit  of  the  first  section  of  this  act,  shall,  on  or  before  the  first  day  of 
November  next,  deliver  to  the  receiver  of  public  monies,  for  the  lands 
of  the  United  States  at  Cincinnati,  a  notice  in  writing,  stating  the  nature 
and  extent  of  his  claim  or  contract ;  and  if  any  person  shall  neglect  to 
give  such  notice  of  his  claim  or  contract,  or  having  given  the  same,  shall 
neglect  to  make  application  for  the  purchase  thereof,  as  herein  after 
directed,  or  shall  fail  in  making  the  first  payment  before  the  first  of 
January  next,  all  his  right  of  pre-emption,  on  the  terms  aforesaid,  shall 
cease  and  become  void. 

Sec.  3.  And  be  it  further  enacted,  That  the  aforesaid  receiver  of 
public  monies,  on  being  paid  the  fees  herein  after  provided,  shall  receive 
every  such  notice  of  claim,  or  statement  thereof,  and  give  a  receipt 


(0)  Act  of  March  3,  1803,  chap.  31,  tec.  4 ;  act  of  March  36,  1804,  chap.  35. 


SIXTH  CONGRESS.    Bm.  II.  Ch.  33.    1801. 


113 


tberelbr,  and  carefully  put  and  preserve  on  file  every  such  paper  or  writ- 
ingy  and  lay  the  same  before  the  commiasioQers,  when  met,  for  settling 
and  adjnsting  the  claims  aforesaid. 

Skc.  4.  And  be  it  fitriher  enacted,  That  the  aforesaid  receiver  of 
poblic  monies,  and  two  other  persons,  who  shall  be  appointed  by  the 
maident  of  the  United  States  alone  shall  be  commissioners  for  the  pur- 
pose of  ascertaining  the  rights  of  persons  claiming  the  benefits  of  this 
ad,  who,  previous  to  entering  on  the  duties  of  their  appointment,  shall 
respectively  take  and  subscribe  the  following  oath  or  affirmation,  before 

aooie  person  qualified  to  administer  oaths,  to  wit :  **  I do  solemnly 

swear,  or  affirm,  that  I  will  impartially  exercise  and  discharge  the  duties 
impoBed  on  me,  by  an  act  of  Congress,  intituled  <An  act  giving  a  right 
of  pre-emption  to  certain  persons  who  hare  contracted  with  John  Cleves 
Symmes,  or  his  associates,  for  lands  lying  between  the  Miami  rivers,  in 
the  terriUMy  of  the  United  Sutes  northwest  of  the  Ohio,'  to  the  best  of 
my  anderstanding  and  ability ;"  and  it  shall  be  the  duty  of  the  said  com- 
miflsioners  to  meet  at  Cincinnati,  between  the  first  and  the  tenth  day  of 
November  next,  of  which  meeting  three  weeks  previous  notice  shall  be 
given  by  them  in  a  public  newq;»aper  printed  at  Cincinnati ;  and  they, 
ox  a  majority  of  them,  so  met,  shall  not  adjourn  to  any  other  place,  or 
for  a  longer  time  than  three  days,  until  they  have  finally  completed  the 
business  of  their  said  appointment ;  and  they,  or  any  two  of  them,  shall 
have  power  to  hear  and  decide,  in  a  summary  manner,  all  matters  re- 
specting all  such  claims  of  which  notice  may  have  been  filed,  pursuant 
to  the  third  section  of  this  act,  also  to  administer  oaths,  and  examine 
witnesses,  and  such  other  testimony  as  may  be  adduced,  and  to  deter- 
mine thereon  according  to  justice  and  equity ;  which  determination  shall 
be  final ;  and  when  it  shall  appear  to  them,  that  the  claimant  is  entitled 
to  the  right  of  pre-emption,  on  the  terms  aforesaid,  they  shall  give  a  cer- 
tificate thereof,  stating  as  accurately  as  may  be,  the  quantity  and  local 
sitaation  of  the  lands  to  which  he  may  be  entitled,  directed  to  the  regis- 
ter of  the  land-office  at  Cincinnati,  or  when  the  said  register  may  be  a 
claimant,  to  the  surveyor-general,  copies  of  which  certificates  shall  be 
by  them  recorded,  in  a  book  to  be  provided  for  that  purpose,  and  depo- 
sited for  safe  keeping  with  the  register  of  the  land-office. 

Su.  5.  And  he  it  further  enacted.  That  the  aforesaid  register  and 
surreyor-general,  respectively,  upon  application  of  any  person  or  per- 
sons, who  shall  imxlnce  a  certificate  of  the  commissioners  aforesaid, 
to  him  directed,  before  the  first  day  of  January  next,  and  shall  also 
produce  a  receipt  from  the  treasurer  of  the  United  States,  or  the 
aforesaid  receiver  of  public  monies,  for  at  least  one  fourth  part  of  the 
purchase  money,  and  also  for  the  payment  of  three  dollars  for  each 
half  section  or  smaller  quantity,  and  shall  pay  him  the  fees  in  like  case 
provided  by  the  act,  intituled  "An  act  to  amend  the  act,  intituled  An 
act  providing  for  the  sale  of  the  lands  of  the  United  States,  in  the  territory 
of  the  United  States  northwest  of  the  Ohio,  and  above  the  mouth  of 
Kentucky  river,"  shaU  admit  such  person  or  persons  to  become  a  pur- 
chaser Qit  purchasers  of  the  land  designated  in  the  said  certificate,  and 
shall  receive  the  said  certificate  and  preserve  it  on  file,  and  make  an 
entry  of  the  application  in  his  book,  kept  for  the  purpose,  and  on  any 
of  the  three  last  payments  being  made  in  advance,  he  shaU  allow  the 
purchaser  the  like  discount  as  is  allowed  by  the  fourth  clause  of  the 
fifth  section  of  the  act  last  above  recited ;  and  on  payment  in  full,  and 
a  final  settlement  had,  he  shall  give  his  certificate  thereof;  upon  pro- 
ducing which  to  the  Secretary  of  the  Treasury,  a  patent  shall  issue  in 
hke  manner  as  is  provided  by  the  said  act  last  above  recited. 

Sec.  6.  And  he  it  further  enacted.  That  the  said  receiver  of  public 
monies  shall  be  entitled  to  have  and  receive,  to  his  own  use,  from  the 
renective  claimants,  the  following  fees,  that  is  to  say :  for  filing  a  notice 

Vol,  11.— 16  k2 


And  tlso  of 
the  two  com- 
minionen  to  bo 
ftppointed. 


Datj  of  the 
Snnreyor    6en- 
erml  and  Ret^is. 
ter  at  Cinein- 
natL 


Act  of  May  10, 
1800,  ch.  66. 


Fee*  allowod 
to  the  reeeiTer 
and 
■ionen. 


Ill 


SIXTH  CONGRESS.    Sess.  II.  Cii.  23.     1801. 


Mode  in  which 
the  land  shall 
be  turveyed. 


Applications 
to  be  made    as 
for  a  section  of 
640  acres,  &c. 


Duties  and  al- 
lowance of  the 
Surveyor  Gene- 
ral, Register, 
and  Receiver  of 
public  monies. 

Parts  of  the 
land  to  be -sold 
in  a  different 
manner. 

Vol.  i.  51. 


Repeal  of  for- 
mer laws  with- 
in the  purview 
nfthis. 


and  evidence  of  claim,  or  statement  thereof,  twenty-five  cents ;  for  giv« 
ing  a  copy  thereof,  twelve  and  a  half  cents  for  every  one  hundred  words. 
And  the  said  commissioners  shall,  as  a  full  compensation  for  their 
services,  be  entitled,  jointly,  to  have  and  receive  from  the  respective 
claimants,  that  is  to  say:  for  every  determination,  and  entering  the 
result  in  their  book,  at  the  rate  of  three  dollars  for  every  section ;  for 
every  certificate,  and  recording  the  same,  at  the  rate  of  one  dollar  for 
every  section. 

Sec.  7.  And  be  if  further  enacted,  That  all  the  aforesaid  tract  of 
country  shall  be  surveyed  by  the  surveyor-general,  as  soon  as  may  be 
afler  the  first  day  of  September  next,  in  the  manner  herein  afler  directed. 

1.  So  much  of  the  said  tract  as  lies  between  the  northern  boundary 
line,  and  the  aforesaid  patent  of  John  Cleves  Symmes,  and  associates, 
and  Israel  Ludlow's  southern  boundary  of  the  seventh  entire  range  of 
townships,  shall  be  laid  off  into  sections,  agreeably  to  northwardly  and 
southwardly  lines,  run  under  the  direction  of  John  Cleves  Symmes ; 
and  the  marks  thereon  made,  at  the  time  of  running  the  aforesaid  lines, 
for  the  corners  of  sections,  shall  be  established  by  the  surveyor-general, 
and  eastwardly  and  westwardly  lines  shall  be  run  to  intersect  the  afore- 
said northwardly  and  southwardly  lines,  in  the  corresponding  marked 
points. 

2.  And  the  residue  of  the  said  tract  lying  north  of  the  aforesaid 
southern  boundary  of  the  seventh  entire  range,  shall  be  laid  off  into 
sections,  according  to  such  uniform  rule  and  method,  as,  in  the  opinion 
of  the  surveyor-general,  shall  best  secure  the  rights  and  interest  of 
those  who  are  entitled  to  pre-emption. 

3.  Such  divisions  shall  be  made  of  sections,  according  to  the  claim 
of  such  who  obtain  pre-emption  right,  and  the  contents  of  each  and 
every  section,  and  such  division  thereof,  shall  be  ascertained,  and  the 
surveyor-general  shall  prepare  and  transmit  a  plan  thereof  to  the  afore- 
said register,  immediately  afler  the  said  survey  shall  be  completed,  and 
also  forward  a  copy  thereof  to  the  Secretary  of  the  Treasury. 

Sec.  8.  And  be  it  further  enacted.  That  all  persons,  availing  them- 
selves of  a  pre-emption  under  this  act,  shall  make  application  for  a 
section,  or  any  part  or  parts  of  a  section  or  sections,  according  to  the 
estimated  quantity  of  six  hundred  and  forty  acres  to  a  section,  and  the 
amount  of  the  excess  or  deficiency  shall  be  added  to  or  deducted  from 
the  last  payment,  and  the  purchaser  shall  make  payment  for  and  hold 
the  quantity  returned  and  expressed  in  the  plats,  let  the  quantity  be 
more  or  less. 

Sec.  9.  And  be  it  further  enacted,  That  the  duties  of  the  surveyor- 
general,  of  the  aforesaid  register  and  receiver  of  public  monies,  as 
nearly  as  may  be  consistent  with  this  act,  shall  respectively  be  the  same 
as  directed  in  and  by  the  last  recited  act,  and  the  fees  and  emoluments 
shall  respectively  be  the  same  as  provided  in  the  said  act  last  recited. 

Sec.  10.  And  be  it  further  enacted,  That  afler  completing  the  sur- 
veys, agreeably  to  this  act,  reserving  the  lots  marked  sixteen  in  each 
township,  or  fractional  part  of  a  township,  in  which  the  same  may  be, 
for  the  purposes  expressed  in  the  ordinance  of  Congress  of  the  twentieth 
of  May,  one  thousand  seven  hundred  and  eighty-five,  the  residue  of  the 
lands,  and  so  many  of  the  aforesaid  pre-emptions  as  shall  become  for- 
feited by  reason  of  failures  of  payment,  shall  be  sold  agreeably  to  the 
last  recited  act. 

Sec.  11.  And  be  it  further  enacted.  That  this  act  shall  have  full 
operation  and  effect,  any  thing  in  any  former  law  to  the  contrary  not- 
withstanding. 

Approted,  March  3,  1801. 


SIXTH  CONGRESS.    Sess.  II.  Ch.  24.     1801. 


115 


Chaf.  XXIV.— >gfff».^£<  iupplemeniary  to  ike  act  irUiiuUd  ^*Jn  act  concerning  the 
Dietrici  cf  Cohtmb%(K^{a) 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Representatives 
of  the  United  States  of  America  in  Congress  assembled^  That  the  cir- 
cuit courts  for  the  district  of  Columbia  shall  be  and  they  are  hereby 
infested  with  the  same  power  respecting  constables,  inspectors,  and  the 
inspection  of  tobacco  and  flour,  surveyors,  mills,  highways  and  ferries, 
for  the  county  of  Alexandria,  as  have  heretofore  been  vested  in  the 
connty  courts  of  the  commonwealth  of  Virginia ;  and  for  the  county  of 
Washington,  the  same  power  and  authority  as  have  been  heretofore  ex- 
ercised by  the  county  and  levy  courts  of  the  state  of  Maryland;  with 
power  to  appoint  to  all  other  offices  necessary  for  the  said  district,  under 
the  laws  of  the  respective  states  of  Maryland  and  Virginia.  And  all 
officers  for  whom  no  special  provision  is  made  by  this  act,  or  the  act  to 
which  this  is  a  supplement,  shall  receive  the  same  fees  and  emoluments 
as  they  have  respectively  received  under  the  jurisdiction  of  the  respec- 
tive states. 

Sec.  2.  And  be  it  further  enacted^  That  all  indictments  shall  run 
in  the  name  of  the  United  States,  and  conclude,  against  the  peace  and 
government  thereof  And  all  fines  penalties  and  forfeitures  accruing 
under  the  laws  of  the  states  of  Maryland  and  Virginia,  which  by  adop- 
tion have  become  the  laws  of  this  district,  shall  be  recovered  with  costs, 
by  indictment  or  information  in  the  name  of  the  United  States,  or  by 
action  of  debt,  in  the  name  of  the  United  States  and  of  the  informer ; 
one  half  of  which  6ne  shall  accrue  to  the  United  States,  and  the  other 
half  to  the  informer;  and  the  said  fines  shall  be  collected  by  or  paid  to 
the  marshal,  and  one  half  thereof  shall  be  by  him  paid  over  to  the  board 
i>f  commissioners  herein  after  established,  and  the  other  half  to  the  in- 
former; and  the  marshal  shall  have  the  same  power  regarding  their 
collection,  and  be  subject  to  the  same  rules  and  regulations  as  to  the 
payment  thereof,  as  the  sheriffs  of  the  respective  states  of  Maryland  and 
Virginia  are  subject  to  in  relation  to  the  same. 

Sec.  3.  And  be  it  further  enacted ,  That  all  felonies  committed  with- 
in the  county  of  Alexandria  shall  be  punished  in  the  same  manner  as 
such  crimes  were  punishable  by  the  laws  of  Virginia,  as  they  existed 
prior  to  the  year  one  thousand  seven  hundred  and  ninety-«ix ;  and  the 
circuit  court  for  the  said  county  of  Alexandria  shall  possess  and  exercise 
the  same  powers  and  jurisdiction,  civil  and  criminal,  as  is  now  possessed 
and  exercised  by  the  district  courts  of  Virginia. 

Sec.  4.  And  be  it  further  enacted^  That  the  magistrates,  to  be  ap- 
pointed for  the  said  district,  shall  be  and  they  are  hereby  constituted  a 
board  of  commissioners  within  their  respective  counties,  and  shall  pos- 
sess and  exercise  the  same  powers,  perform  the  same  duties,  receive  the 
same  fees  and  emoluments,  as  the  levy  courts  or  commissioners  of  county 
for  the  state  of  Maryland  possess,  perform  and  receive ;  and  the  clerks 
and  collectors,  to  be  by  them  appointed,  shall  be  subject  to  the  same 
laws,  perform  the  same  duties,  possess  the  same  powers,  and  receive  the 
same  fees  and  emoluments  as  the  clerks  and  collectors  of  the  county 
tax  of  the  state  of  Maryland  are  entitled  to  receive. 

Sec.  5.  And  be  it  further  enacted.  That  the  clerks  of  the  cir- 
cuit court  shall,  within  their  respective  districts,  be  bound  to  perform 
the  same  duties,  respecting  the  recording  of  deeds  and  all  other  services, 
and  shall  receive  the  same  fees  and  emoluments  for  the  same  (except  in 
those  cases  provided  for  in  the  ninth  section  of  the  act  to  which  this  is 
a  supplement)  as  are  now  performed  and  received  by  the  clerks  of  the 
counties  of  the  respective  states  of  Maryland  and  Virginia. 


Statute  II. 
March  3, 1801. 

Act  of  Feb. 
27, 1801, ch.  16. 

Poweraofthe 
circuit  court. 


Feea  of  cer- 
tain officera  of 
the  territory. 


Form  of  iii- 
dietmenti. 

Mode  of  re- 
covering and 
dittribution  of 
peualtie*. 


Punishment  of 
feloniea. 


Jurisdiction  of 
the  circuit  court 
for  Aleiandria. 

Magistrates  to 
form  a  board  of 
county  commis- 
sioners. 


Duties  and 
emoluments  of 
the     clerks    of 
courts. 

Act  of  Feb. 
27,1801,  ch.  16. 


(0)  See  notes  to  act  of  February  S7,  1801,  chap.  15. 


116 


SIXTH  CONGRESS.    Sess.  II.  Ch.  25.    180L 


DellTeiyeffh- 
^tivesfromjai- 
tice  or  labour 
irom  uij  sUie. 


Powera  of 
■heriffi  and  col- 
lectori  of  cer- 
tain adjacent 
conntiea  maybe 
exercised  within 
the  district  for 
the  collection  of 
certain  public 
daes. 


Sheriffs    may 
make  certain  aro 


The  chief 
jadffe  and  one 
of  the  associate 
justices    may 
make  appoint- 
ments. 


Statute  II. 
March  3, 1801. 

Alterations  in 
the  districts. 
1800,  ch.  49. 


Sec.  6.  And  be  it  further  enacted,  That  in  all  cases  where  the  con- 
stitution or  laws  of  the  United  States  provide  that  criminals  and  fbgi- 
tives  from  justice,  or  persons  held  to  labour  in  any  state,  escaping  into 
another  state,  shall  be  delivered  up,  the  chief  justice  of  the  said  district 
shall  be,  and  he  is  hereby  empowered  and  required  to  cause  to  be  appre- 
hended and  delivered  up  such  criminal,  fugitive  from  justice,  or  persons 
fleeing  from  service,  as  the  case  may  be,  who  shall  be  found  within  the 
district  in  the  same  manner  and  under  the  same  regulations  as  the  execu- 
tive authority  of  the  several  states  are  required  to  do  the  same ;  and  all 
executive  and  judicial  officers  are  hereby  required  to  obey  all  lawful 
precepts  or  other  process  issued  for  that  purpose,  and  to  be  aiding  and 
assisting  in  such  delivery. 

Sec.  7.  And  be  it  further  enacted.  That  it  shall  be  lawful  for  the 
sheriffs  and  collectors  of  public  dues  for  the  counties  of  Montgomery 
and  Prince  George's  in  the  state  of  Maryland,  and  for  the  sherifis  of 
Fairfax  county  in  the  commonwealth  of  Virginia,  and  they  shall  respec- 
tively have  full  power  and  authority  to  enter  into  those  parts  of  the 
now  district  of  Columbia,  which  were  heretofore  within  the  limits  of 
their  respective  bailiwicks,  for  the  purposes  of  collecting  by  distress  or 
otherwise,  as  they  were  heretofore  authorized  to  do,  aJl  officers'  fees» 
state  taxes  and  county  taxes,  levies,  fines  and  other  public  dues,  which 
were  due  on  the  first  Monday  of  December,  one  thousand  eight  hun- 
dred, and  still  remain  uncollected,  from  persons  residing  or  bavins 
property,  subject  to  the  payment  of  such  officers'  fees,  state  taxes  and 
county  taxes,  and  levies  within  the  said  district;  and  all  disputes  or  con- 
troversies that  do  or  may  arise  between  such  sheriff  or  collector,  and 
the  person  or  persons  firom  whom  he  or  they  may  claim  such  public 
dues,  shall  be  cognizable  before  and  tried  by  the  respective  state  courts 
to  whom  the  trial  of  such  controversies  heretofore  belonged,  and  not 
before  the  court  of  the  district  of  Columbia. 

Sec.  8.  And  be  it  fitrther  enacted.  That  it  shall  and  may  be  lawful 
for  the  sheriffs  of  the  said  counties  of  Montgomery  and  Prince  George's 
in  the  state  of  Maryland,  and  for  the  sheriff  of  Fairfax  county  in  the 
commonwealth  of  Virginia,  and  they  shall  respectively  have  full  power 
and  authority  to  enter  into  those  parts  of  the  now  district  of  Columbia, 
which  were  heretofore  within  the  limits  of  their  respective  bailiwicks, 
for  the  purpose  of  arresting  and  conducting  to  the  respective  jails  under 
their  keeping  and  care,  as  they  heretofore  might  have  done  had  the  law 
to  which  this  is  a  supplement  never  passed,  each  and  every  person  with- 
in the  limits  of  the  district  of  Columbia,  upon  whom  such  sheriff  hath 
heretofore  served  a  writ  of  capias  ad  satisfaciendum,  capias  ad  respon- 
dendum, attachment  or  other  process,  issuing  from  any  state  court,  which 
commands  and  requires  such  sheriff  to  have  the  body  of  the  person 
before  the  court  from  which  such  writ  or  process  hath  issued. 

Sec.  9.  And  be  it  further  enacted.  That  where  by  this  act,  and  the 
act  to  which  this  is  a  supplement,  appointments  are  authorized  to  be 
made  by  the  circuit  court  of  the  district,  it  shall  be  lawful  for  the  chief 
judge,  with  one  of  the  associate  justices  of  the  said  court,  to  make  such 
appointments. 

Approved,  March  3,  1801. 


Chap.  XXV. — An  Act  to  amend  the  ad  aUering  the  dtttriei  ff  Bermuda  Runr 
dred  and  City  Point, 

Be  it  enacted  by  the  Senate  and  House  of  Representatines  of  the  United 
States  of  America  in  Congress  assembled.  That  from  and  after  the  pass- 
ing of  uiis  act,  the  master  or  commander  of  any  ship  or  vessel  arriving 
within  the  districts  of  Petersburg  or  Richmond,  laden  with  goods,  wares 
and  merchandise,  belonging  or  consigned  to  persons  resident  within  both 


SIXTH  CX>NGIl£SS.    Sess.  II.  Ch.  M,  37.     1801. 


117 


tiie  said  districtSy  shall  make  entry  of  such  ship  or  jeud,  in  manner 
aircsdy  prescribed  by  law,  with  the  coUector  of  that  district  wherein  the 
owner  or  ctmsignee,  or  the  husband  or  acting  manager  of  such  ship  or 
veaael,  shall  actually  reside :  and  the  said  master  or  commander  shall,  at 
the  time  of  making  the  entry  aforesaid,  deliver  a  duplicate  manifest  of 
the  cargo  as  now  required  by  law,  to  the  said  collector,  whose  duty  it 
■hall  then  be,  to  certify  the  same  as  a  true  copy,  and  to  transmit  it  to 
the  collector  of  the  other  district,  and  the  delivery  of  such  goods,  wares 
or  merchandise,  shall  be  authorized  by  permits  from  the  collector  of 
each  district  re^ctively,  in  which  the  same  shall  hare  been  duly  entered 
according  to  law :  Provided,  that  no  bona  fide  importer,  owner  or  con* 
aignee  of  goods,  wares  or  merchandise,  residing  in  either  district,  shall 
be  admitted  to  make  an  entry  of  such  goods,  wares  or  merchandise  with 
the  collector  of  the  district,  in  which  such  importer,  owner  or  consignee 
shaD  not  reside :  And  praoided  aUo^  that  all  entries  for  goods,  wares  or 
merchandise,  made  by  agents,  for  persons  residing  in  other  districts, 
shall  be  made  with  the  collector  of  the  district  in  which  such  ship  or 
veaad  may  discharge. 

AmoYSD,  March  3, 1801. 


Statuts  II. 


Chap.  XXVL — jSn  Act  aidhorixing  the  rtmUiion  of  dtUiei  on  etrtain  Tea»    March  3, 1801. 
dmtroifed  byfrt^  tMle  under  the  eare  cf  the  qffieere  of  the  cuetonUf  in  Prooidenu^    

^^^^'^^  [Obwlete.] 

Be  it  enaeUd  by  the  Senate  and  House  of  Representatives  of  the  United      Dntiei  on 
States  of  America  in  Congress  assembled,  That  the  collector  of  the  dis-  g^*^^,^lSJuI?. 
trict  of  Providence,  in  the  state  of  Rhode  Island,  be,  and  he  is  hereby     ^      ^^^ 
authorized  and  directed  to  remit  the  duties  on  such  part  of  a  certain 
quantity  of  teas,  imported  into  the  port  of  Providence,  in  the  ship  called 
the  Resource,  on  the  twenty-ninth  day  of  July,  one  thousand  eight  hun- 
dred, by  Thomas  Lloyd  Halsey,  John  Corlis,  William  F.  Megee,  and 
Henry  Smith,  of  the  town  of  Providence,  merchants,  and  on  such  part 
of  a  certain  quantity  of  teas,  imported  into  the  said  port,  in  the  ship 
caDed  the  Ann  and  Hope,  on  the  twenty-second  day  of  August,  in  the 
same  year,  by  John  Innes  Clark,  of  the  said  town,  merchant,  as  remained 
depodted  to  secure  the  payment  of  duties,  under  the  care  of  the  officers 
of  the  customs,  on  the  twentv-first  day  of  January  last,  in  the  aforesaid 
town  of  Providence,  and  shall  be  proved,  to  the  satisfaction  of  the  said 
collector,  to  have  been  burned  and  destroyed. 
Appkotbd,  March  3,  1801. 


Statutb  II. 


Chap.  XXYH.— ^n  Jet  making  appropriaiions  for  the  eupport  of  Government    March  3, 1801. 
for  the  year  one  thoueand  eight  hunirtd  and  one.  

Section  1.  Beit  enacted  6y  the  Senate  and  House  of  RepresentaOves       Specific  ap 
of  the  United  States  ofAmmca  in  Congress  assembled,  That  for  the   propriatiom. 
support  of  government,  and  to  discharge  certain  claims  and  expenses 
hereafter  enumerated,  the  following  sums  be  and  are  hereby  appropriated, 
that  is  to  say : 

For  the  compensation  granted  by  law  to  the  President  and  Vice  Pre- 
sident of  the  United  States,  thirty  thousand  dollars. 

For  the  like  compensation  to  the  members  of  the  Senate  and  House 
of  R^resentatives,  their  officers  and  attendants,  one  hundred  and  ninety- 
three  thousand  four  hundred  and  seventy  dollars. 

For  the  contingent  expenses  of  the  two  houses  of  Congress,  including 
the  payment  of  certain  articles  of  furniture  purchased  for  the  accommo- 
dation of  Congress,  and  not  provided  for  by  former  appropriations,  seven- 
teen thousand  dollars. 


113  SIXTH  CONGRESS.    Sess.  II.  Cii.  27.     1801. 

Specific  tp.  For  the  compensation  granted  by  law  to  the  Judges  of  the  United 
proprUtioni.  States,  the  Attorney-General,  the  district  attorneys,  and  marshals,  eighty- 
three  thousand  four  hundred  dollars. 

For  defraying  the  expense  of  courts,  jurors,  and  witnesses,  and  for 
defraying  the  expenses  of  prosecutions  for  offences  against  the  United 
Stales,  and  for  safe  keeping  of  prisoners,  thirty  thousand  dollars. 

For  compensation  to  the  Secretary  of  the  Treasury,  clerks  and  per- 
sons employed  in  his  office,  eleven  thousand  three  hundred  and  nine 
dollars,  eighty-one  cents. 

For  expenses  of  stationery,  printing,  translating  foreign  languages, 
allowance  to  persons  employed  in  receiving  and  transmitting  passports 
and  sea  letters,  and  all  other  contingent  expenses  in  the  office  of  the 
Secretary  of  the  Treasury,  eight  hundred  dollars. 

For  compensation  to  the  Comptroller  of  the  Treasury,  clerks,  and 
persons  employed  in  his  office,  twelve  thousand  nine  hundred  and 
seventy-seven  dollars,  eight  cents. 

For  expense  of  stationery,  printing,  and  all  other  contingent  expenses 
in  the  Comptroller's  office,  eight  hundred  dollars. 

For  compensation  to  the  Auditor  of  the  Trelisury,  clerks  and  persons 
employed  in  his  office,  twelve  thousand  two  hundred  and  twenty  dollars, 
ninety-three  cents. 

For  expense  of  stationery,  printing,  and  all  other  contingent  expenses 
in  the  Auditor's  office,  seven  hundred  and  fifly  dollars. 

For  compensation  to  the  Treasurer,  clerks  and  other  persons  employed 
in  his  office,  six  thousand  three  hundred  and  forty-eight  dollars,  ninety- 
eight  cents. 

For  expense  of  stationery,  printing,  and  all  other  contingent  expenses 
in  the  Treasurer's  office,  three  hundred  dollars. 

For  compensation  to  the  Commissioner  of  the  Revenue,  clerks,  and 
other  persons  employed  in  his  office,  six  thousand  two  hundred  and  fifty- 
three  dollars,  six  cents. 

For  expense  of  stationery,  printing,  and  all  other  contingent  expenses 
in  the  office  of  the  Commissioner  of  the  Revenue,  nine  hundred  dollars. 

For  compensation  to  the  Register  of  the  Treasury,  clerks,  and  per- 
sons employed  in  his  office,  sixteen  thousand  and  fifly-two  dollars,  one 
cent. 

For  ex))ensc  of  stationery,  printing,  and  all  other  contingent  expenses 
in  the  Register's  office,  two  thousand  eight  hundred  dollars. 

For  compensation  to  the  Superintendent  of  Stamps,  clerks,  and  per- 
sons employed  in  his  office,  and  for  making  good  a  deficiency  in  former 
appropriations  for  the  stamp-office,  five  thousand  nine  hundred  and 
ninety  dollars,  twenty-four  cents. 

For  expense  of  stationery,  printing,  and  all  other  contingent  expenses 
in  the  stamp-office,  six  hundred  dollars. 

For  compensation  to  the  secretary  of  the  commissioners  of  the  sinking 
fund,  two  hundred  and  fif\y  dollars. 

For  firewood  and  candles  for  the  offices  of  the  treasury,  including  the 
stamp-office,  and  other  contingencies,  four  thousand  dollars. 

For  defraying  the  expense  of  stating  and  printing  the  public  accounts 
for  the  year  one  thousand  eight  hundred  and  one,  one  thousand  two 
hundred  dollars. 

For  making  good  the  deficiency  of  former  appropriations,  for  the 
expense  of  removing  the  books  and  records  of  the  treasury  from  Phila- 
delphia to  Trenton,  in  the  year  one  thousand  seven  hundred  and  ninety- 
nine,  two  thousand  six  hundred  and  thirty-nine  dollars,  seventy-sixty 
cents. 

For  the  expense  of  new  office  furniture  for  the  treasury,  at  the  city 
of  Washington,  two  thousand  dollars. 

For  flooring  the  treasury,  and  incidental  expenses  for  securing  the 


SIXTH  CONGRESS.    Sess.  II.  Ch.  27.     1801.  119 

Iraildings  and  records  of  the  treasury,  three  hundred  and  fifty-nine  dol-        8f>ecific  ap- 
lars,  eighty-three  cents.  propriationa. 

For  paying  two  watchmen  for  the  treasury,  six  hundred  dollars. 

For  the  expense  of  two  buildings  for  messengers  of  the  treasury,  and 
nnking  two  wells  for  the  treasury,  five  thousand  one  hundred  and  twenty- 
two  dollars. 

For  compensation  to  the  several  loan-officers,  thirteen  thousand  two 
hundred  and  fifty  dollars. 

For  compensation  to  the  clerks  of  the  commissioners  of  loans,  and  an 
allowance  to  certain  loan-officers  in  lieu  of  clerk  hire,  twelve  thousand 
one  hundred  dollars. 

For  defraying  the  authorized  expenses  of  the  several  loan-offices,  two 
thousand  nine  hundred  dollars. 

For  compensation  to  the  Secretary  of  State,  clerks,  and  persons  em- 
ployed in  his  office,  eleven  thousand  three  hundred  and  sixty  dollars. 

For  the  contingent  expenses  of  the  office  of  state,  thirteen  thousand 
five  hundred  dollars. 

For  compensation  to  (he  director  of  the  mint,  officers,  clerks,  and 
other  persons,  employed  in  the  mint  establishment,  seventeen  thousand 
six  hundred  dollars. 

For  repairs,  and  all  other  contingent  expenses  in  the  mint  establish- 
ment, six  thousand  three  hundred  dollars. 

For  compensation  to  the  Secretary  of  War,  clerks  and  persons  em- 
ployed in  his  office,  eleven  thousand  two  hundred  and  ten  dollars. 

For  the  compensation  of  two  additional  clerks  employed  by  the  Secre- 
tary at  War  in  copying  papers  in  the  office  of  the  Secretary  of  the  Trea- 
sury, to  replace  those  lately  burnt  in  the  war-office,  one  thousand  two 
hundred  dollars. 

For  such  additional  compensation  to  the  clerks  of  the  several  depart- 
ments of  the  treasury,  of  state,  of  war,  of  the  navy,  and  of  the  general 
postoffice,  not  exceeding  for  each  department,  respectively,  fifteen  per 
cent  in  addition  to  the  sums  allowed  by  the  act,  intituled  ''An  act  to  1799,  ch.  40. 
regulate  and  fix  the  compensation  of  clerks,  as  the  secretaries  of  the 
said  departments  and  the  Postmaster-General,  may  respectively  think 
reasonable  for  the  present  year,  to  be  distributed  as  the  said  secretaries 
and  the  Postmaster-General,  respectively,  shall  think  proper,  to  the 
clerks  in  their  departments,  respectively,  eleven  thousand  eight  hundred 
and  eighty-five  dollars. 

For  an  additional  allowance  to  the  chief  clerk  in  the  office  of  the 
Secretary  of  the  Navy,  for  his  services  in  the  year  one  thousand  eight 
hundred,  the  sum  of  three  hundred  dollars. 

For  contingent  expenses  attending  the  office  of  Secretary  of  War, 
and  to  make  good  the  deficiency  of  former  appropriations,  five  thousand 
dollars. 

For  compensation  to  the  accountant  of  the  war  department,  clerks, 
and  persons  employed  in  his  office,  ten  thousand  nine  hundred  and  ten 
dollars. 

For  contingent  expenses  in  the  accountant's  office,  one  thousand  dollars. 

For  compensation  to  the  purveyor  of  public  supplies,  clerks,  and  per- 
sons employed  in  his  office,  and  for  contingent  expenses  of  the  same, 
foor  thousand  four  hundred  and  sixty-six  dollars. 

For  compensation  to  the  Secretary  of  the  Navy,  clerks,  and  persons 
employed  in  his  office,  nine  thousand  one  hundred  and  ten  dollars. 

For  contingent  expense  in  the  office  of  the  Secretary  of  the  Navy, 
three  thousand  three  hundred  dollars. 

For  compensation  to  the  accountant  of  the  navy  department,  clerks, 
aud  persons  employed  in  his  office ;  and  to  make  good  a  deficiency  in 
the  appropriation  of  the  last  year,  eleven  thousand  four  hundred  and 
forty-nine  dollars,  forty-one  cents. 


120  SECTH  CX>NGRESS.    Sess.  II.  Ch.  27.     1801. 

8i>eoific  ap-       Por  the  continflent  expenses  in  the  accountant's  office,  seven  hundred 
propnauon..         ^^  g^^  ^^j^^^  « 

For  compensation  to  the  Postmaster-General,  Assistant  Postmaster- 
General,  clerks  and  persons  employed  in  the  general  postpoffice,  nine 
thousand  nine  hundred  and  sixty  dollars. 

For  the  contingent  expense  in  the  general  post-office,  two  thousand 
one  hundred  and  twelve  dollars,  fifty  cents. 

For  compensation  to  the  Surveyor-General,  the  contingent  expenses 
in  his  office,  and  the  expense  of  executing  surveys  of  the  public  land 
northwest  of  the  river  Ohio,  twenty-eight  thousand  two  hundred  dollars. 

For  salaries  to  the  governor,  secretaiy,  and  judges  of  the  territory 
northwest  of  the  river  Ohio,  and  the  contingent  expenses  of  that  govern- 
ment, five  thousand  five  hundred  dollars. 

For  salaries  to  the  governor,  secretary,  and  judges  of  the  Mississippi 
territory,  and  the  contingent  expenses  of  that  government^  five  thousand 
five  hundred  dollars. 

For  salaries  to  the  governor,  secretary,  and  judges  of  the  Indiana 
territory,  and  the  contingent  expenses  of  that  government,  five  thousand 
five  hundred  dollars. 

For  the  discharge  of  such  demands  against  the  United  States  unpro- 
vided for,  as  shall  be  ascertained  and  admitted  in  due  course  of  settle- 
ment at  the  treasury,  two  thousand  dollars. 

For  satisfying  annuities  and  grants  to  Isaac  Van  Wart,  John  Paulding, 
David  Williams,  Joseph DeBeaJeau,  Joseph Traversie,  James  M'Kensie, 
Joseph  Brussels,  Elizabeth  Bergen,  and  the  children  of  Major  Alexander 
Trueman,  and  Colonel  John  Harding,  one  thousand  seven  hundred  and 
fifty-three  dollars,  thirty-three  cents. 

For  the  expenses  of  intercourse  with  foreign  nations  during  the  present 
year,  and  milking  good  the  deficiency  of  the  appropriation  for  the  year 
one  thousand  eight  hundred,  for  the  expense  of  the  mission  to  France, 
eighty-five  thousand  dollars. 

For  carrying  into  effect  the  treaty  of  amity,  commerce  and  navigation, 
between  the  United  States,  and  the  King  of  Great  Britain,  fifty-eight 
thousand  eight  hundred  and  sixty-four  ddTars. 

For  a  deficiency  of  former  appropriations  for  carrying  into  effect  the 
treaty  between  the  United  States  and  the  King  of  Spain,  forty-six  thou- 
sand five  hundred  dollars. 

For  fulfilling  the  engagements  of  the  United  States  with  the  Mediter- 
ranean powers,  two  hundred  and  fifty-six  thousand  dollars. 

For  prosecuting  the  claims  of  American  citizens  for  property  captured 
by  the  nelligerent  powers,  sixty-four  thousand  dollars. 

For  the  relief  of  American  seamen,  thirty  thousand  doUars. 

For  defiraying  the  further  expenses  incident  to  the  valuation  of  houses 
and  lands,  and  the  enumeration  of  slaves  within  the  United  States,  forty 
thousand  dollars. 

For  the  support  of  lighthouses,  beacons,  buoys  and  public  piers,  and 
other  improvements  in  navigation,  thirty-eight  thousand  six  hundred  and 
twenty-two  dollars,  seventy  cents. 

For  discharging  the  expense  of  the  second  enumeration  of  the  inhabi- 
tants of  the  United  States,  the  sum  of  sixty  thousand  dollars. 

For  discharging  such  miscellaneous  claims  against  the  United  States, 
not  otherwise  provided  for,  as  shall  be  admitted  at  the  treasury,  which, 
according  to  the  usage  thereof,  require  payment  in  specie,  four  thousand 
dollars. 

For  the  expense  of  returning  the  votes  for  President  and  Vice-Presi- 
dent of  the  United  States,  one  thousand  five  hundred  and  twenty-four 
dollars,  fifty  cents. 

For  repairing  the  building  occupied  by  the  treasury  department,  the 
sum  of  two  thousand  dollars. 


SIXTH  CONGRESS.    Sbss.  II.  Ch.  28, 29,  30.    1801. 


121 


For  satiBfying  the  claim  of  Clement  Biddle,  twentj-nine  thousand 
ei^  hundred  and  fiily-six  doUan,  sixty-three  cents. 

For  erecting  a  lighthouse  at  old  Point  Comfort,  the  sum  of  three 
thousand  fire  hundred  doUars. 

Sxc.  2.  And  be  it  Jvrther  enacted,  That  the  several  appropriations, 
berdn  before  made,  shaU  be  paid  and  discharged  out  of  any  monies  in 
the  treasury,  not  otherwise  appropriated. 

Apphoysd,  March  3,  1801. 


Statute  II. 


Act  of  March 
a,  1799,  ch.  32, 
Mc.  74. 


Chap.  XXVIII.— yfn  Act  directing  the  mode  of  eiiimaiing  certain  foreign  eoim     March  3,  ISOl. 
and  eurrendet^  and  of  making  out  tneoicee  in  certain  eaaet, - 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Representatives 
of  the  United  States  of  America  in  Congress  assembled,  That  from  and 
after  the  passing  of  Uiis  act,  the  foreign  coins  and  currencies  herein- 
after mentioned,  shall  be  estimated  in  the  computation  of  duties,  at  the 
foDowing  rates;  each  sicca  rupee  of  Bengal  and  each  rupee  of  Boinbay, 
at  fifty  cents ;  and  each  star  pagoda  of  Madras,  at  one  hundred  and 
eighty-four  cents;  any  thing  in  any  former  act  to  the  contrary  notwith- 
alan^ng. 

Sec.  2.  And  be  it  further  enacted.  That  from  and  after  the  thirtieth 
day  of  June  next,  the  invoices  of  all  goods,  imported  into  the  United 
States,  and  subject  to  a  duty  ad  valorem,  shall  be  made  out  in  the  cur- 
rency of  the  place  or  country  from  whence  the  importation  shall  be 
made,  and  shall  contain  a  true  statement  of  the  actual  cost  of  such 
goods,  in  such  foreign  currency  or  currencies,  without  any  respect  to 
die  TiJue  of  the  coins  of  the  United  States,  or  foreign  coins,  whiph  now 
are,  or  shall  be  by  law  made  current  within  the  United  States,  in  such 
foreign  place  or  country. 

Approted,  March  3,  1801. 


1799,  ch.  S2, 
Mc.  36. 


Chap.  XXIX.— w^fi  Act  to  augment  the  ealariet  rf  the  district  judges  in  the 
dietrieis  ef  Maasaekusetts^  New  York,  New  Jersey,  Delaware  and  Maryland, 
reapeetivcly. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Rwreseniatives 
of  the  United  States  of  America  in  Congress  assembled.  That  instead 
of  the  compensation  at  present  allowed  to  the  district  judges  for  the 
districts  of  Massachusetts,  New  York,  Delaware,  and  Maryland,  respec- 
tively, there  shall  hereafter  be  allowed  to  the  district  judge  for  the 
district  of  Massachusetts,  the  yearly  salary  of  sixteen  hundred  dollars ; 
to  the  district  judge  for  the  district  of  New  York,  the  yearly  salary  of 
sixteen  hundred  dollars ;  to  the  district  judges  for  the  districts  of  New 
Jersey  and  Delaware,  the  yearly  salaries  of  twelve  hundred  dollars  each, 
and  to  the  district  judge  for  the  district  of  Maryland,  the  yearly  salary  of 
sixteen  hundred  dollars,  to  be  paid  at  the  treasury  of  the  United  States 
in  quarter-yearly  payments. 

Sec.  2.  And  be  it  further  enacted.  That  for  the  year  one  thousand 
eight  hundred  and  one,  there  shall  be  appropriated  the  sum  of  eight 
hundred  dollars,  to  satisfy  the  additional  compensation  hereby  allowed 
to  the  district  judges,  to  be  paid  out  of  any  monies  in  the  treasury  not 
otherwise  appropriated. 

Approved,  March  3, 1801. 


Statute  II. 
March  3, 1801. 

[Obsolete.] 
Salariee    in- 
creued. 

1789,  ch.  IS. 


Chap.  XXX.— Jn  Jet  in  addition  to  an  act  tnOtuled  *^Jn  ad  making  provieion 
for  the  further  accommodation  of  the  household  of  the  President  (f  the  United 


Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Representatioes 
of  the  United  States  of  America  in  Congress  assemblecl.  That  the  Secre- 
Voi.  IT.— 16  L 


Statute  II. 
March  3, 1801. 

[Obtolete.] 
1797,  ch.  6. 


123 


SIXTH  CONGRESS.    Sbss.  IL  Ch.  31.    1801. 


tary  of  the  Treasury  be  aathorized  to  appoint  a  proper  person,  who  shall 
receire  the  public  property  belonginjr  to  the  household  of  the  President 
of  the  United  States,  and,  after  taking  an  inventory  of  the  same,  shall 
deliver  it,  after  the  third  day  of  March  instant,  to  the  President  of  the 
United  Sutes. 

Sec.  2.  And  he  it  further  enacted,  That  such  articles  of  the  furni- 
ture belonging  to  the  President's  household  as  may  be  decayed,  out  of 
repair,  or  unfit  for  use,  and  as  the  President  of  the  United  States  for 
the  time  being,  may  direct,  and  all  the  public  property,  other  than  furni- 
ture, now  belonging  to  the  said  household,  shall  be  sold,  under  the 
direction  of  the  heads  of  the  several  departments  of  stale,  of  the  trea- 
sury, of  war,  and  of  the  navy ;  and  that  the  proceeds  of  such  sales  be 
expended,  in  addition  to  the  funds  already  appropriated  for  that  purpose, 
under  the  direction  of  the  same  officers,  for  the  purpose  of  providing 
furniture  for  the  house  erected  for  the  accommodation  of  the  President 
of  the  United  States. 

Approved,  March  3,  1801. 


Statute  II. 


[Obsolete.] 
Specific   ap. 
propiiatioBt. 


cf  the  United  StaUi^ 
one* 


Maich  3, 1801.     Chap.  XXXI.— kin  Jet  making  imropriaiion$  for  the  M 
for  the  year  one  thousand  eight  hundred  a 

Section  ].  Be  it  enacted  hy  the  Senate  and  Hauu  of  Representatives 
of  the  United  States  of  America  in  Congress  assembled.  That  for  de- 
fraying the  expenses  of  the  navy  of  the  United  States,  for  the  year  one 
thousand  eight  hundred  and  one,  there  shall  be,  and  hereby  is  appro- 
priated the  sum  of  three  millions  forty-two  thousand  three  hundred  and 
fifty-two  dollars  and  ninety-five  cents,  that  is  to  say : 

For  the  pay  of  the  officers  of  the  navy  of  the  United  States,  the  sum 
of  three  hundred  and  eighty-two  thousand  seven  hundred  and  eighty- 
eight  dollars. 

For  the  subsistence  of  the  officers  of  the  navy,  the  sum  of  sixty-nine 
thousand  eight  hundred  and  two  doUars  and  sixty  cents. 

For  the  pay  of  the  seamen,  the  sum  of  eight  hundred  and  sixteen 
thousand  six  hundred  and  sixty  dollars. 

For  provisions,  the  sum  of  five  hundred  and  ninety-seven  thousand 
one  hundred  and  one  dollars  and  thirty-seven  cents. 

For  the  expenses  of  medicines,  hospitals,  and  hospital  stores,  the 
sum  of  thirty-one  thousand  six  hundred  and  fortynseven  dollars,  and 
twenty  cents. 

For  the  contingent  expenses  of  the  navy,  including  expenditure  of 
military  stores,  the  sum  of  three  hundred  and  forty-four  thousand  six 
hundred  dollars. 

For  salaries  to  store-keepers,  clerks,  store  rent,  labourers,  and  other 
contingencies,  the  sum  of  thirty-seven  thousand  eight  hundred  and  fifty 
dollars. 

For  the  pay  of  the  officers,  non-commissioned  officers,  and  privates 
of  the  marine  corps,  the  sum  of  ninety-nine  thousand  two  hundred  and 
thirty-four  dollars. 

For  the  subsistence  of  the  officers  and  privates  of  the  marine  corps, 
the  sum  of  eleven  thousand  four  hundred  and  eighty-six  dollars  and  ten 
cents. 

For  clothing  for  the  marine  corps,  the  sum  of  thirty-three  thousand 
five  hundred  and  eighty-one  doUars,  and  thirty  ceAts. 

For  military  stores  for  the  marine  corps,  the  sum  of  nine  thousand 
one  hundred  and  sixty-six  dollars,  and  thirty-eight  cents. 

For  the  contingent  expenses  of  the  marine  corps,  including  camp 
equipage,  quartermaster,  barrack  master,  hospital  stores,  stationery,  and 
other  contmgencies,  the  sum  of  thirteen  thousand  four  hundred  and 
thirty-six  dollars. 


SIXTH  CONGRESS.    Sess.  II.  Ch.  32.     1801. 


123 


For  the  expenses  attending  six  seTentj-foor  gun  ships,  and  for  com- 
pleting navy  yards,  docks,  and  wbar?es,  the  sum  of  five  hundred  thou- 
sand dollars. 

For  erecting  marine  barracks,  the  sum  of  twenty  thousand  dollars. 

For  maintenance  of  French  prisoners,  the  sum  of  thirty  thousand 
dollars. 

For  making  up  deficiency  of  former  appropriations  for  the  mainte- 
nance of  French  prisoners,  the  sum  of  forty-five  thousand  dollars. 

Sbc.  2.  And  be  it  further  enacted^  That  the  several  appropriations 
herein  before  made  shall  be  paid  out  of  the  unexpended  balance  of 
appropriations  for  the  navy,  at  the  close  of  the  last  year,  and  out  of  any 
other  monies  in  the  treasury  not  otherwise  appropriated. 

Approved,  March  3,  1801. 


STA.TUTC  11. 


Chap,    XXXTL— jgn  Jielfor  altering  the  tima  and  plaee»  of  holding  certain    March  3, 1801. 
Couria  therein  mentioned^  and  for  other  purpotee. 


Section  1.  Be  it  enacted  hy  the  Senate  and  H(m$e  of  Representatives 
of  the  United  States  of  America  in  Congress  assembled,  That  the  cir- 
cuit courts  of  the  United  States,  within  the  districts  of  Maine,  New 
Hampshire,  Massachusetts  and  Rhode  Island,  shaU,  after  the  passing  of 
this  act,  commence  and  be  re^ectivdy  held  on  the  several  days  herein 
after  expressed,  instead  of  the  times  heretofore  established  by  law,  that 
is  to  say :  In  and  for  the  district  of  Rhode  Island,  at  Providence,  on 
every  first  day  of  April,  and  at  Newport  on  every  eleventh  day  of  Novem- 
ber ;  in  and  for  the  district  of  Massachusetts,  on  every  eighth  day  of 
April  and  twenty-fifth  day  of  October ;  in  and  for  the  district  of  New 
Hampshire,  at  Portsmouth,  on  every  twenty-third  day  of  April,  and  at 
Exeter  on  every  fifteenth  day  of  October ;  in  and  for  the  district  of 
Maine,  at  Portland,  on  every  first  day  of  May,  and  at  Wiscasset  on 
every  sixth  day  of  October,  except  when  any  of  those  days  shall  hap- 
pen on  a  Sunday,  and  then  the  session  shaU  commence  on  the  next  day 
fiallowing. 

Sec.  2.  And  be  it  further  enacted.  That  all  actions,  suits,  process 
and  other  proceedings  of  what  nature  or  kind  soever,  depending  and 
undetermined  before  the  circuit  courts  aforesaid  respectively,  or  that 
shall  be  depending  and  undetermined  on  the  first  day  of  April  next, 
before  the  district  court  for  the  district  of  Maine,  acting  as  a  circuit 
court,  shaD  be  continued  to  the  next  circuit  courts  respectively  hereby 
directed  to  be  holden  in  and  for  the  districts  aforesaid,  respectively. 

Sec.  3.  And  be  it  further  enacted.  That  all  writs  and  processes  which 
have  been,  or  shall  be  duly  sued  out  and  made  returnable  to  either  of 
the  circuit  courts  aforesaid,  or  to  the  district  court  for  the  district  of 
Maine,  acting  as  a  circuit  court,  on  either  of  the  days  on  which  the 
same  courts  were  respectively  to  have  been  held  prior  to  the  passing  of 
this  act,  and  all  recognizances  that  have  been  or  shall  be  duly  taken  and 
made  so  returnable  (said  writs  and  processes  having  been  duly  and  sea- 
sonably served)  shall  be  returned  to  and  proceeddl  upon  in  the  said 
next  circuit  courts  respectively,  which  are  next  to  be  holden  in  and  for 
the  districts  aforesaid,  respectively,  as  hereby  directed ;  and  all  property 
attached  by  virtue  of  such  verits  or  processes,  shall  be  held  in  due  form 
of  law  to  respond  the  final  judgments  that  shall  be  obtained  upon  the  same 
respectively. 

Sec.  4.  And  be  it  further  enacted.  That  the  district  courts  of  the 
United  Sutes,  in  the  sUte  of  North  Carolina,  shaU,  after  the  passing  of 
this  act,  commence  and  be  held  on  the  several  days  herein  after  expre^ed, 
instead  of  the  times  heretofore  established  by  law,  that  is  to  say :  at 
Edenton  in  and  for  the  district  of  Albemarle  on  every  last  Monday  of 
March,  third  Monday  of  June,  and  last  Monday  of  November ;  at  Newbera 


[Repealed.] 
ActofMarcb, 
1808,  ch.  8. 

Times  and 
placet  of  hold, 
ing  the  circait 
courtt  ofMaine, 
New  Hampihite 
and  Mauachn- 
f  ette,  altered. 


Continaancei 
to  those  coarts. 


Cautei  to  be 
proceeded  on 
therein. 


Times  and 
places  of  hold, 
ing  the  district 
courts  in  North 
Carolina,  alter, 
ed. 


134 


SIXTH  CONGRESS.    Sess.  II.  Ch.  33.    1801. 


Continuance 
of  cauMi  in  the 
difitrict  courts  of 
N.  Carolina  and 
New  Jersey. 


Place  of  bold, 
ing  the  circuit 
court  in  Ken- 
tucky. 


Chief  Judge  of 
Columbia  to  be 
the  judffe  of  Po- 
tomac district. 


Statitte  U. 

Feb.  27,  1801. 

[Obsolete.] 
Act  of  July 
11, 1798,  ch.  70. 
Surveyors  of 
the  revenue  to 
make  certain  re- 
turns to  the  su- 
pervisors and 
inspectors  of  the 
revenue. 


1798,  ch.  76. 


in  and  for  the  district  of  Pamptico,  on  every  first  Monday  of  April, 
fourth  Monday  of  June  and  first  Monday  of  December ;  and  at  Wil- 
mington in  and  for  the  district  of  Cape  Fear,  on  every  second  Monday 
of  April,  first  Monday  of  July  and  second  Monday  of  December. 

Sec.  5.  And  be  it  further  enacted,  That  all  actions,  suits,  writs,  pro- 
cess, pleadings  and  other  proceedings  commenced,  instituted,  depending 
or  existing  in  the  district  courts  of  the  districts  of  New  Jersey  and 
North  Carolina,  at  the  time  of  the  passing  of  this  act,  shall  be  continued 
in  manner  following,  that  is  to  say :  all  such  commenced,  instituted,  de- 
pending, or  existing  in  the  district  court  of  the  district  of  New  Jersey, 
to  the  next  district  court  to  be  holden  in  the  district  of  East  Jersey ; 
and  all  such  commenced,  instituted,  depending  or  existing  in  the  district 
court  of  the  district  of  North  Carolina,  shall  be  continued  to  the  next 
district  court  to  be  holden  in  the  district  of  Pamptico. 

Sec  6.  And  be  iifiarther  enacted,  That  from  and  after  the  passing 
of  this  act,  the  circuit  court  of  the  United  States  for  the  district  of 
Kentucky,  shall  be  holden  at  Frankfort,  within  and  for  said  district,  on 
the  days  already  established  by  law,  instead  of  at  Beardstown,  any  thing 
in  any  other  law  to  the  contrary  notwithstanding. 

S£:c.  7.  And  be  it  further  enacted.  That  the  chief  judge  of  the  district 
of  Columbia,  shall  hold  the  district  courts  of  the  United  States  in  and 
for  the  district  of  Potomac,  and  shall  have,  exercise  and  perform,  within 
the  said  district  of  Potomac,  all  the  powers  and  duties  now  possessed, 
exercised  and  performed  by  the  district  judges  of  the  United  States 
within  their  respective  districts. 

Approved,  March  3,  1801. 


Repeal  of  part 
of  tne  former 
act. 

1798,  ch.  70. 


Chap.  XXXIIT. — Jn  Act  to  amend  the  act,  intiiuled  **An  act  to  provide  for  the 
valuation  of  lands  and  dwelUng-hotues,  and  the  enumeration  cf  Slaves,  within 
the  United  States,**  and  to  repeal  the  act,  intituled  ^*Jin  act  to  enlarge  the  powers 
cf  the  surveyors  of  the  revenue,** 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Representatives 
of  the  United  States  of  America  in  Congress  assembled.  That  each  sur- 
veyor of  the  revenue  who  has  been  or  shall  be  appointed  under  the  act, 
intituled  "An  act  to  provide  for  the  valuation  of  lands  and  dwelling- 
houses,  and  the  enumeration  of  slaves  within  the  United  States,"  after 
completing  the  lists  of  the  sums  payable,  for  every  dwelling-house  and 
slave  within  the  district  to  which  such  surveyor  does  or  shall  belong, 
and  delivering  the  same  to  the  collector  of  the  revenue,  and  after  taking 
receipts  for  such  lists  from  the  collector,  in  the  manner  provided  by  the 
act,  intituled  "An  act  to  lay  and  collect  a  direct  tax  within  the  United 
States,"  shall  transmit  to  the  supervisor  of  the  district,  or  to  the  inspec- 
tor of  survey,  in  any  district  comprehending  more  than  one  survey  of 
inspection,  to  which  such  surveyor  does  or  may  belong,  the  receipts 
given  by  the  collector  for  such  lists,  together  with  all  the  records  of  the 
lists,  valuations  and  enumerations,  which  he  has  received  or  shall  receive, 
or  which  doth  or  shall  exist  in  his  office  under  authority  of  the  act  first 
mentioned ;  and  it  shall  be  the  duty  of  such  supervisor  or  inspector  to 
receive  such  receipts,  records  and  papers,  and  safely  to  preserve  the  same. 

Sec.  2.  And  be  it  further  enacted.  That  so  much  of  the  act,  intituled 
"An  act  to  provide  for  the  valuation  of  lands  and  dwelling-houses,  and 
the  enumeration  of  slaves,"  as  makes  it  the  duty  of  the  surveyors  of  the 
revenue  to  record  the  transfers  of  lands  or  dwelling-houses,  included  in  the 
said  valuations,  and  to  view  and  apportion  the  value  of  such  land  or  dwel- 
ling-houses as  shall  be  divided  by  sale  or  partition,  and  to  value  and  assess 
new  dwelling-houses  and  lands  which  are  exempted,  but  which  shall 
cease  to  be  exempted  from  taxation  by  the  laws  of  the  state,  where  the 
same  shall  be  situated,  and  to  cancel  or  reduce  the  valuation  of  dwelling- 


SIXTH  CONGRESS.    Sbss.  II.  Ch.  34,  35.    1801. 


126 


J  which  may  be  damaged  or  destroyed  by  fire  or  other  accidents, 
shall  be  and  the  same  is  hereby  repealed. 

Sbc.  3.  And  he  iifiariher  enaeUi,  That  the  act,  intituled  "An  Act  to 
adam  the  powers  of  the  surveyors  of  the  revenue/'  passed  on  the  thir- 
teenth day  of  May,  in  the  year  one  thousand  eight  hundred,  shall  be 
and  the  same  is  hereby  repealed. 

Apfboved,  February  27, 1801. 


CvAF.  ZXXIV.— ^A  Jkifar  tredifm  LigMotiie$  an  yew  Point  Con^orU  and 
on  8miik*9  Point,  in  the  $idie  of  Ftrgima,  and  on  Faulkner^o  J$hnd  in  Long 
I$land  Soundf  in  the  MtaU  cf  Conneei$cut,  and  for  placing  huoyt  in  Naragamei 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Representatives 
of  the  United  States  of  America  in  Congress  assembled,  That  as  soon  as 
a  cession  shall  be  made  by  the  state  of  Virginia  to  the  United  States, 
of  die  jurisdiction  over  the  land  proper  for  the  purpose,  the  Secretary 
of  the  Treasury  be,  and  he  is  hereby  authorized  to  provide  by  contract, 
to  be  approved  by  the  President  of  the  United  States,  for  building  a 
lighthouse  on  New  Point  Comfort,  and  another  lighthouse  on  Smith's 
Point,  both  in  the  state  aforesaid,  and  to  furnish  the  same  with  all  ne- 
cessary supplies ;  and  also  to  agree  for  the  salaries  or  wages  of  the 
persons,  who  may  be  appointed  by  the  President  for  the  superintendence 
and  care  of  the  same,  and  that  the  President  be  authorized  to  make  the 
said  a{^intment8. 

Sbc.  2.  And  be  it  further  enacted,  That  as  soon  as  a  cession  shall 
be  made  by  the  state  of  Connecticut,  of  the  jurisdiction  over  the  land 
proper  for  the  purpose,  the  Secretary  be,  and  he  is  hereby  authorized 
to  provide  by  contract,  to  be  approved  by  the  President  of  the  United 
States,  for  building  a  lighthouse  on  Faulkner's  Island,  in  Long  Island 
Sound,  in  the  said  state  ofConnecticut,  and  to  furnish  the  same  with  all 
necessary  supplies,  and  also  to  agree  for  the  salaries  or  wages  of  the 
person  or  persons  appointed  by  the  President  for  the  superintendence 
and  care  of  the  same,  and  that  the  President  be  authorized  to  make  the 
said  appointments. 

Sec.  3.  And  be  it  further  enacted.  That  the  Secretary  of  the  Treasury 
be,  and  he  in  hereby  authorized  and  directed  to  cause  to  be  placed  one 
buoy  on  the  shoal  south  of  Kinnimicut  Point,  and  one  buoy  on  a  ledse 
called  the  halfway  rock,  in  the  Naraganset  Bay,  in  the  state  of  Rhode 
Island. 

Sec.  4.  And  be  it  further  enacted,  That  there  be  appropriated  and 
paid,  out  of  the  monies  arising  from  imports  and  tonnage,  the  sum  of 
five  thousand  dollars  for  the  purpose  of  erecting  the  lighthouse  as  afore- 
said on  New  Point  Comfort ;  the  sum  of  nine  thousand  dollars  for  the 
purpose  of  erecting  the  lighthouse  as  aforesaid  on  Smith's  Point ;  and 
the  sum  of  six  thousand  dollars  for  erecting  the  lighthouse  as  aforesaid 
on  Faulkner's  Island  in  Long  Island  Sound,  and  the  sum  of  one  hundred 
and  fifly  dollars  for  placing  two  buoys  as  aforesaid  in  the  Naraganset 
Bay,  in  the  state  of  Rhode  Island. 

Afpbotkd,  March  3,  1801. 


Repeal  of  a 
fbiiner  act 
1800,  eh.  60. 


Statute  II. 


March  3, 1801. 


Lightbo 
to  be  erected  on 
New  Point  Com- 
fort   and    on 
8mith*8  Point. 


A  lighthoute 
to  be  erected  on 
Faalkner^i  la* 
land. 


Buoy*  to  be 
placed  in  Nara- 
ganaet  Bay. 


Appropriation. 


Statute  II. 


>  Jd  further  to  alter  and  to  establish  certain  Poet  Roads.        March  3, 1801 . 


Cnip.  XXXV.- 

Sscnoif  I,  Beit  enacted  by  the  Senate  and  House  of  Representatives 
of  the  United  States  of  America  in  Congress  assemhUd,  That  the  fdlow- 
ingpoet  roads  be  discontinued : 

From  Lancaster  to  New  HoOand  in  Pennsylvania. 

From  Greenyille  in  Tennessee,  by  the  Warm  Springs,  to  Buncomb 
Courthouse.  l  2 


[Repealed.] 
Act  of  April 

88, 1810,  ch.  37. 
Certain  poat- 

roads  to  be  dia- 

continued. 


126  SIXTH  CONGRESS.    Sess.  II.  Ch.  35.     1801. 

From  Elizabeth  citj  in  North  Carolina,  by  New  Lebanon,  to  North- 
west river  bridge. 

From  Upper  Marlborough  to  Piscataway. 

From  Henderson  Courthouse  to  Muhlenberg  Courthouse, 
^hr^h^^'  Sec.  2.  And  be  it  further  enacted,  That  the  following  be  established 

eiUbhBbed.         as  post  roads: 

In  Maine, — ^From  Standbh  to  Fryburg. 

In  New  Hampshire, — From  Amherst  by  Francistown,  Washington 
and  Claremont,  to  Windsor  in  Vermont. 

In  Vermont, — From  Bennington  to  Brattleborough. 

From  Newbury  by  Bradford,  Corinth,  Washington  and  Barre,  to 
Montpelier. 

In  Massachusetts, — From  Leominster,  through  Westminster,  Temple- 
ton  and  Athol,  to  Greenfield. 

From  Worcester,  by  Mendon,  to  Providence,  and  from  Worcester  to 
Lancaster. 

In  Rhode  Island, — From  Providence,  by  Rehoboth  and  Attleborough, 
to  Taunton,  Massachusetts. 

In  New  York, — From  Albany,  by  Duanesburg  and  Durlock,  to  Cherry 
Valley. 

From  Poughkeepsie,  by  Sharon,  to  Litchfield. 

In  Delaware, — From  Georgetown,  by  Concord  and  the  viUage  of 
Laurel,  to  Salisbury. 

In  Maryland. — ^From  Annapolis  to  Easton,  by  Young  Hadaways. 

From  Annapolis  to  Centreville,  by  Kent  Island. 

From  the  city  of  Washington  to  Piscataway. 

From  Elkton,  by  Warwick  and  Bridgetown,  to  Greensborough,  in 
Caroline  county. 

From  the  city  of  Washington,  by  Brookville  and  W.  Hobbs's  in  Fred- 
erick county,  to  Taneytown. 

From  the  city  of  Washington  to  Wiley's  tavern  in  Fairfax  county, 
Virginia. 

In  Pennsylvafiia, — From  Pittsburg,  by  Georgetown  and  Canfield,  to 
Warren  in  the  Northwestern  territory. 

From  Berwick  to  Wilkesbarre. 

In  Virffinia. — From  Richmond  to  Charles  City  Courthouse. 

From  Clarkesburg  to  Marietta. 

From  Romney  to  Morganton  or  Clarkesburg. 

From  Alexandria,  by  Thomas's  ferry,  to  Piscataway,  in  Maryland. 

From  Halifax  Courthouse  to  Danville. 

From  Bowling  Green,  by  Broaddus's  mill,  S.  Harrison's  and  Dunkirk, 
to  New  Kent  Courthouse. 

The  post  road  from  Jerusalem  to  Hicks's  ford  shall  pass  by  the  Cross- 
keys,  and  from  the  Cross-keys  to  Murfreesborough. 

From  Petersburg,  by  Sussex  Courthouse,  to  Southampton  Courthouse. 

From  Jamestown  to  Farmville. 

The  mail  from  Mecklenberg  Courthouse,  in  Virginia,  to  ChristianvDle, 
shall  be  carried  by  Marshall's  and  Wilson's  store. 

In  the  Northwestern  Territory, — From  Cincinnati  to  Detroit. 

In  Indiana  Territory, — From  Vincennes,  by  Kaskaskias,  to  Kahokia. 

In  Kentucky, — ^From  Harding  Courthouse  to  Breckenridge  Court- 
house, to  Henderson  Courthouse,  Eddy  Grove  and  EddyviUe,  to  Fort 
Massac. 

From  Breckenridge  Courthouse,  by  Hartford  and  Vienna,  to  Muhlen- 
berg Courthouse. 

In  Tennessee, — From  Knoxville,  by  Sevierville,  Newport  and  the 
Warm  Springs,  to  Buncorab  Courthouse. 

From  Newport,  by  Cheek's  cross-roads,  to  Oresville. 

In  the  Mississippi  Territory, — From  Natchez  to  the  southern  boun- 
dary line  of  the  United  States. 


SIXl'H  CX)NGRESS.    Sess.  II.  Resolution.     1801. 


127 


lit  North  CaroUntL — ^The  post  road  from  Raleigh  to  Chatham  Court- 
hoose,  shall  pass  through  Haywoodsboroagh. 

The  post  road  from  Raleigh  to  Newbern,  shall  pass  through  Greene 
coanty. 

From  Elizabeth  Citj  to  Indiantown  and  TulPs  creek,  to  Northwest 
river  bridge. 

The  post  road  from  Winton  to  Windsor  shall  pass  through  Pitch- 
anding  and  Colerain. 

From  Louisburg,  by  Nash  Courthouse,  to  Tarborough. 

From  Charlotte  Courthouse  to  York  Courthouse,  in  South  Carolina. 

From  Charlotte  to  Camden,  in  South  Carolina. 

Skc.  3.  And  be  it  Jurther  enacted,  That  all  letters  and  packets  from 
John  Adams,  now  President  of  the  United  States,  after  the  expiration 
of  bis  term  in  office,  and  during  his  life,  shaU  be  received  and  conveyed 
by  post  free  of  postage. 

Ssc.  4.  And  be  it  further  enacted,  That  this  act  shall  not  be  con* 
atmed  to  affect  any  existing  contracts. 

Approved,  March  3, 1801. 


New  poit 
roads  etUblish- 
ed. 


Privilege  or 
ftaoking  extend- 
ed to  John 


RnoLUTiON  reapeeiifig  certain  vroperiy  of  the  United  State$,  in  the  po9»emon  tf     March  8, 1801. 
TfkomoM  Qaxton^  James  Mdtnere  and  ThomoM  Dunn^  doorkeepera  to  Congren.        

RssoXiVED  by  the  Senate  and  House  (^Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  Thomas  Claxton,  James 
Mathers  and  Thomas  Dunn,  be  permitted  to  occupy,  free  of  rent,  until 
otherwise  directed  by  Congress,  the  houses  now  in  their  respective  pde- 
sessioQ,  the  property  of  the  United  States,  in  the  public  square  in  the 
city  of  Washington  on  which  the  Capitol  stands,  together  with  a  small 
piece  of  ground  contiguous  to  each,  for  a  garden,  to  be  inclosed  in  such 
a  manner  as  not  to  interfere  with  any  of  the  public  streets  or  avenues 
passing  through  the  said  square. 

Approved,  March  %  1801. 


ACTS  OF  THE  SEVENTH  CONGRESS 


UNITED  STATES, 

Passed  at  the  first  session^  which  was  begttn  and  held  at  the  City  of 
Washington,  in  the  District  of  CobnMa,  on  Monday,  the  seventh 
day  ofDecanher,  1801,  and  ended  on  the  third  day  of  may,  1802. 

Thomas  Jeftebson,  President ;  Aaron  Burr,  Vice  President  of  the 
United  States,  and  President  of  the  Senate;  Abraham  Baldwin, 
President  of  the  Senate  pro  tempore,  on  the  14th  of  January,  1802, 
and  from  the  2l8t  of  April,  1802;  Nathaniel  Macon,  Speaker  of  the 
House  of  Representatives. 


Jan.  14, 1809. 

[ObMlete.] 
ApportionmeBt 
of  repreMnta- 
tives. 

One  member 
to  every  thirty- 
three  thoatand 
persona  in  each 
■tate. 

N.  Hampshire  6. 
Maa*chna>ta  17. 
Vermont  4. 
Rhode  Islands. 
Connectient  7. 
New  York  17. 
New  Jersey  6. 
Pennsyl'a  18. 
Delaware  1. 
Maryland  9. 
Virginia  82. 
N.  Carolina  18. 
S.  Carolina  8. 
Georgia  4. 
Kentucky  6. 
Tennessee  3. 

Statutb  I. 

Jan.  26,  1808. 


STATUl'E  I. 

Chapter  1.— m^  JItl  for  the  apporUonment  cf  EepreserUaUves  among  the  averal 
Stata^  aeeording  to  the  second  enumeration,(a) 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled.  That  from  and  after 
the  third  day  of  March,  one  thousand  eight  hundred  and  three,  the  House 
of  Representatives  shall  be  composed  of  members  elected  agreeably  to  a 
ratio  of  one  member  for  every  thirty-three  thousand  persons  in  each 
state,  computed  according  to  the  rule  prescribed  by  the  constitution ; 
that  is  to  say :  within  the  state  of  New  Hampshire,  five ;  within  the  state 
of  Massachusetts,  seventeen;  within  the  state  of  Vermont,  four;  within 
the  state  of  Rhode  Island,  two;  within  the  state  of  Connecticut,  seven; 
within  the  state  of  New  York,  seventeen;  within  the  state  of  New  Jersey, 
six;  within  the  state  of  Pennsylvania,  eighteen;  within  the  state  of 
Delaware,  one ;  within  the  state  of  Maryland,  nine ;  within  the  state  of 
Virginia,  twenty-two ;  within  the  state  of  North  Carolina,  twelve ;  within 
the  state  of  South  Carolina,  ei^ht;  within  the  state  of  Gec^a,  four; 
within  the  state  of  Kentucky,  six ;  and  within  the  state  of  l^nnessee, 
three  members. 

Approved,  January  14,  1802. 


Cbap.  ll.^^n  Jict  concerning  the  Library  for  the  use  of  both  Houses  of 
Oongres9,{b^ 

Be  it  enacted  hv  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled.  That  the  books  and 

Tes  was  one  member  to  erery  tliiitj- 


(a)  By  the  act  of  April  14, 1798,  chap.  83,  the  ratio  of  represenUti< 
ree  thousand  persons  in  each  state,  after  the  first  census. 


three 

By  the  act  of  January  14, 1808,  chap.  1,  the  ratio  of  representstiTes  was  one  member  to  erery  thirty- 
three  thousand  persons  in  each  state,  after  the  second  census. 

By  the  act  of  December  81, 1811, chap.  9,  the  ratio  of  representstiTes  was  one  member  to  erery  thirty- 
five  thousand  persons  in  each  state,  after  the  third  census. 

Bt  the  act  of  March  7,  1888,  chap.  10,  the  ratio  of  representatiTes  was  one  member  Co  every  forty  thou- 
sand  persons  in  each  state,  after  the  fourth  census. 

By  the  act  of  May  88, 1838,  chap.  91,  the  ratio  of  representatiTes  was  one  member  Co  erery  forty-seTen 
thousand  seven  hundred  persons  in  each  state,  after  the  fifth  census. 

By  the  act  of  June  86,  1848,  chap.  81,  the  ratio  of  representatiTes  was  one  member  to  every  soTenty 
thousand  six  hundred  and  eighty  persons  in  each  state,  and  one  additional  member  to  each  state  haTiiig  a 
finction  greater  than  one  moiety  of  that  number  of  persons,  according  to  the  sixth  eensns. 

(ft)  The  acts  for  the  establishment  and  regulation  of  the  Library  of  Congress,  are :  An  act  concemiDg 

128 


SEVENTH  CONGRESS.    Sess.  I.  Ch.  4.     1802. 


129 


Di^is  parcbased  by  direction  of  tbe  act  of  Congress,  passed  the  twenty- 
fourth  of  April,  one  thousand  eight  hundred,  together  with  the  books  or 
libraries  which  have  heretofore  been  kept  separately  by  each  house,  shall 
be  placed  in  the  Capitol,  in  the  room  which  was  occupied  by  the  House 
of  Representatives,  during  the  last  session  of  the  sixth  Congress. 

Sec.  2.  And  be  it  further  macted,  That  the  President  of  the  Senate 
and  Speaker  of  the  House  of  Representatives,  for  the  time  being,  be, 
and  they  hereby  are  empowered  to  establish  such  regulations  and  re- 
strictions in  relation  to  the  said  library,  as  to  them  shall  seem  proper, 
and  from  time  to  time,  to  alter  or  amend  the  same :  Provided,  that  no 
regulation  shall  be  made  repugnant  to  any  provision  contained  in  this 
act. 

Sec.  3.  And  be  it  further  enacted,  That  a  librarian  to  be  appointed 
by  the  President  of  the  United  States  solely,  shall  take  charge  of  the 
said  library,  who,  previous  to  his  entering  upon  the  duties  of  his  office, 
shall  give  bond,  payable  to  the  United  States,  in  such  a  sum,  and  with 
such  security  as  the  President  of  the  Senate  and  Speaker  of  the  House 
of  Representatives,  for  the  time  being,  may  deem  sufficient,  for  the  safe 
keeping  of  such  books,  maps  and  furniture  as  may  be  confided  to  his 
care,  and  the  faithful  discharge  of  his  trust,  according  to  such  regula- 
tions as  may  be,  from  time  to  time,  established  for  the  government  of 
tbe  said  library ;  which  said  bond  shall  be  deposited  in  the  office  of  the 
secretary  of  the  Senate. 

Sec.  4.  And  be  it  further  enacted.  That  no  map  shall  be  permitted 
to  be  taken  out  of  the  said  library  by  any  person  ;  nor  any  book,  except 
by  the  President  and  Vice  President  of  the  United  States,  and  members 
of  the  Senate  and  House  of  Representatives,  for  the  time  being. 

Sec.  5.  And  be  it  further  enacted,  That  the  keeper  of  the  said  library 
shall  receive  for  his  services,  a  sum  not  exceeding  two  dollars  per  diem, 
for  every  day  of  necessary  attendance ;  the  amount  whereof,  together 
with  the  necessary  expenses  incident  to  the  said  library,  after  being 
ascertained  by  the  President  of  the  Senate  and  Speaker  of  the  House  of 
Representatives,  for  the  time  being,  shall  be  paid  out  of  the  fund  annually 
appropriated  for  the  contingent  expenses  of  both  Houses  of  Congress. 

Sec.  6.  And  be  it  further  enacted.  That  the  unexpended  balance  of 
tbe  sum  of  five  thousand  dollars  appropriated  by  the  act  of  Congress 
aforesaid,  for  the  purchase  of  books  and  maps  for  the  use  of  the  two 
houses  of  Congress,  together  with  such  sums  as  may  hereafter  be  ap- 
propriated to  the  same  purpose,  shall  be  laid  out  under  the  direction  of 
a  joint  committee,  to  consist  of  three  members  of  the  Senate,  and  three 
members  of  the  House  of  Representatives. 

Approved,  January  26,  1802. 


Cbap.  IV^— ^fi  Act  far  the  protection  <f  the  Commerce  and  Seamen  <f  the  United 
Statet^  agaimt  the  Tripotitan  Cruitere, 

Whereas  the  regency  of  Tripoli,  on  the  coast  of  Barbary,  has  com- 
menced a  predatory  warfare  against  the  United  States : 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled,  That  it  shall  be  lawful 


Certain  books 
and  mapa  to  be 
deposited  to- 
gether   in    a 
room    in  the 
Capitol. 

Certain  regu. 
lationa  in  rela. 
tion  to  the  libra, 
ry  to  be  formed 
by  the  Preaident 
of  the  Senate 
and  Speaker  of 
the  House  of 
Representa- 
tives. 

A  librarian  to 
be  appointed, 
who  snail  give 
bond,  be. 


Bond  to  be 
deposited  in  ^le 
office  of  Secre. 
tary  of  the  Senate. 

No  maps  to 
bo  taken  out  of 
the  library. 

Who  may  take 
out  books. 

Pay  of  the  li- 
brarian, &c. 


To  be  paid  out 
of  the  contin- 
gent fund  of 
Congress. 

Manner  of  pur. 
chasing  books 
for  the  library 
under  a  joint 
committee  of 
the  Senate  and 
House  of  Re> 
prerentativcs. 


Statutb  I. 

Feb.  6,  1802. 

[Obsolete.] 
President  may 
employ  sach  of 
the  armed  ves- 
sels of  the  Uni- 
ted States  as  ho 


the  library  for  the  use  of  both  houaes  of  Congress,  January  26,  1802,  chap.  2 ;  an  act  in  addition  to  an 
act  entitled,  «  An  act  concerning  the  library  of  both  houses  of  Congress,*'  May  1,  1810,  chap.  50;  an 
act  to  authorise  the  purchase  of  the  library  of  Thomas  Jefferson,  late  President  of  the  United  States. 
Jannarj  30,  1815,  chap.  127 ;  an  act  providing  for  the  settlement  of  cerUin  accounts  against  the  library 
of  Congress,  for  extending  the  privilege  of  using  books  therein,  and  for  establishing  the  salary  of  the 
librarian,  April  16,  1816,  chap.  46;  an  act  fixing  the  compensation  of  the  secretary  of  the  Senate,  and 
clerk  of  the  House  of  Represenutives,  of  the  clerks  employed  in  their  offices,  and  of  the  librarian,  April 
l^,  1818,  chap.  64.  Resolution  granting  permission  to  the  judges  of  the  Supreme  Court  of  the  United 
States  to  use  the  books  in  the  library  of  Congress,  March  2,  1812.  An  act  to  increase  and  improve  the 
liw  department  of  the  library  of  Congress,  July  14,  1832,  chap.  221. 
Vol.  it.— 17 


133 


SEVENTH  CONGRESS.    Sess.  I.  Cii.  5.     180S. 


may  judge  re- 
quisite for  the 
protection  of  the 
commerce  and 
■eamen  on  the 
Atlantic  and 
Mediterranean. 

Acta  of  hoa. 
tility  and  pre- 
caution  author- 
ised. 

Captured  Tea- 
aela    to   be 
brought  into 
port,    and  pro- 
ceeda  of  prisea 
distributed. 

Commissiona 
againat    Tripoli 
to  be  iasuea  to 
private  armed 
veasela. 


Bonds  of  the 
owner  and  com- 
mander   to    be 
previoualy 
giTeo. 


Captured  pro- 
perty may  be 
condemned  and 
distributed  ac- 
cording to 
agreements. 


Period  for 
which     aeamen 
may  be  engaged 
to  aerre. 


Statutc  I. 
Feb.  18,  180S. 


fully  to  equip,  officer,  man,  and  employ  such  of  the  armed  iressels  of  the 
United  States  as  may  be  judged  requisite  by  the  President  of  the  United 
States,  for  protecting  effectually  the  commerce  and  seamen  thereof  on 
the  AUantic  ocean,  the  Mediterranean  and  adjoining  seas. 

Sec.  2.  And  be  it  Jurther  enacted.  That  it  shall  be  lawful  for  the 
President  of  the  United  States  to  instruct  the  commanders  of  the  re- 
spective public  vessels  aforesaid,  to  subdue,  seize  and  make  prize  of  all 
vessels,  goods  and  effects,  belonging  to  the  Bey  of  Tripoli,  or  to  his 
subjects,  and  to  bring  or  send  the  same  into  port,  to  be  proceeded 
against,  and  distributed  according  to  law ;  and  also  to  cause  to  be  done 
aU  such  other  acts  of  precaution  or  hostility  as  the  state  of  war  wil? 
justify,  and  mav,  in  his  opinion,  require. 

Sec.  3.  Ana  be  it  Jurther  enacted,  That  on  the  application  of  the 
owners  of  private  armed  vessels  of  the  United  States,  the  President  of 
the  United  States  may  grant  to  them  special  commissions,  in  the  form 
which  he  shall  direct,  under  the  seal  of  the  United  States ;  and  such 
private  armed  vessels,  when  so  commissioned,  shall  have  the  like  au- 
thority for  subduing,  seizing,  taking,  and  bringing  into  port,  any  Tri- 
politan  vessel,  goods  or  effects,  as  the  before-mentioned  public  armed 
vessels  may  by  law  have ;  and  shall  therein  be  subject  to  the  instructions 
which  may  be  given  by  the  President  of  the  United  States  for  the  regu- 
lation of  their  conduct;  and  their  commissions  shall  be  revocable  at  his 
pleasure.  Provided,  that  before  any  commission  shall  be  granted,  as 
aforesaid,  the  owner  or  owners  of  the  vessel  for  which  the  same  may  be 
requested,  and  the  commander  thereof,  for  the  time  being,  shall  give 
bond  to  the  United  States,  with  at  least  two  responsible  sureties,  not 
interested  in  such  vessel,  in  the  penal  sum  of  seven  thousand  dollars ; 
or,  if  such  vessel  be  provided  with  more  than  one  hundred  and  fifty  men, 
in  the  penal  sum  of  fourteen  thousand  dollars,  with  condition  for  ob- 
serving the  treaties  and  laws  of  the  United  States,  and  the  instructions 
which  may  be  given,  as  aforesaid ;  and  also,  for  satisfying  all  damages 
and  injuries  w£ch  shall  be  done,  contrary  to  the  tenor  thereof,  by  such 
commissioned  vessel ;  and  for  delivering  up  the  commission,  when  re* 
voked  by  the  President  of  the  United  States. 

Sec.  4.  And  be  it  further  enacted.  That  any  Tripolitan  vessel,  goods 
or  effects,  which  shall  be  so  captured  and  brought  into  port  by  any  pri- 
vate armed  vessel  of  the  United  States,  duly  commissioned,  as  aforesaid, 
may  be  adjudged  good  prize,  and  thereupon  shall  accrue  to  the  owners 
and  officers,  and  men  of  the  capturing  vessel,  and  shall  be  distributed 
according  to  the  agreement  which  shaU  have  been  made  between  them, 
or,  in  failure  of  such  agreement,  according  to  the  discretion  of  the 
court  having  cognizance  of  the  capture. 

Sec.  5.  And  be  it  further  enacted.  That  the  seamen  may  be  engaged 
to  serve  in  the  navy  of  the  United  States  for  a  period  not  exceeding 
two  years ;  but  the  President  may  discharge  the  same  sooner,  if  in  his 
judgment,  their  services  may  be  dispensed  with. 

Appboved,  February  6,  1802. 


Privilege  of 
sending  and  re- 
ceiTing  letter* 
free  of  postage 
to  be  enjoyed 
by  delegates 
from  territoriea 
to  Congreas. 
Travelling  ex- 


Cbap.  y.-«ytfn  Act  extending  the  privilege  cf  franking  and  receiving  lettere, 
free  if  poetage,  to  any  per$on  admitted,  or  to  be  admitted  to  take  a  teai  in  Congreee^ 
as  a  deUgaicf  and  providing  eomperuaiion  for  eueh  delegate. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled.  That  any  person  ad- 
mitted, or  who  may  hereafter  be  admitted  to  take  a  seat  in  Congreas, 
as  a  delegate,  shall  enjoy  the  privilege  of  sending  and  receiving  letters, 
free  of  postage,  on  the  same  terms,  and  under  the  same  restrictions,  as 
are  provided  for  the  meipbers  of  the  Senate  and  of  the  House  of  Repre- 
sentatives of  the  United  States,  by  the  act,  intituled  '<An  act  to  estab- 


SEVENTH  CONGRESS.    Sess.  I.  Ch.  6.     1802. 


131 


liah  the  post-office  of  the  United  States;"  and  that  every  such  delegate 
so  adaiitted  to  a  seat,  be,  and  he  is  hereby  authorized  to  receive,  free  of 
postage,  under  the  said  restrictions,  any  letters  directed  to  him,  and 
which  shall  have  arrived  at  the  seat  of  government  prior  to  the  passage 
of  this  act :  and  that  every  such  delegate  shall  receive  for  his  travelling 
expenses  and  attendance  in  Congress,  the  same  compensation  as  is  or 
may  be  aUowed,  by  law,  to  the  members  of  the  Senate  and  House  of 
Representatives  of  the  United  States,  to  be  certified  and  paid  in  the 
same  manner. 
Appkovsd,  February  18,  1802. 


Graf.  Yl^^n  Jd  making  certain  partial  Appropriations  for  the  year  one  thou- 
sand eight  hundred  and  two. 

Se  it  enacted  hy  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled,  That  the  sum  of 
rixty  thousand  dollars  be,  and  the  same  hereby  is  appropriated  towards 
defraying  the  expense  of  the  pay  of  the  army,  during  the  year  one 
thousand  eight  hundred  and  two.. 

Sec,  2.  And  be  it  further  enacted,  That  the  following  sums  be,  and 
the  same  hereby  are  appropriated  to  the  purposes  herein  recited,  respec- 
tively,  that  is  to  say :  for  the  contingent  expenses  of  the  department  of 
the  treasury,  to  make  good  the  deficiency  of  former  appropriations  for 
the  same,  Uie  sum  of  sixteen  hundred  and  thirteen  doUars,  and  fifiy- 
seven  cents. 

For  the  prating  of  the  public  accounts,  to  make  good  the  deficiency 
of  former  q>propriations  for  the  same,  the  sum  of  fourteen  hundred 
doHars. 

Towards  the  contingent  expenses  of  the  department  of  the  treasury, 
during  the  year  one  thousand  eight  hundred  and  two,  the  sum  of  one 
thousand  dollars. 

Towards  the  contingent  expenses  of  the  House  of  Representatives, 
during  the  year  one  thousand  eight  hundred  and  two,  the  sum  of  three 
thousand  dollars. 

Sec.  3.  And  be  it  further  enacted.  That  the  accounting  officers  of 
the  treasury  department  be,  and  they  hereby  are  authorized,  in  the  set- 
tlement of  the  accounts  of  the  several  officers  herein  afler  mentioned, 
to  make  the  following  allowances  for  clerk  hire,  during  the  year  one 
thousand  eight  hundred  and  one,  in  addition  to  the  ulowances  now 
established  by  law,  that  is  to  say : 

To  the  accountant  of  the  navy  department,  one  thousand  nine  hundred 
dollars,  and  thirty-one  cents. 

To  the  purveyor  of  public  supplies,  seven  hundred  dollars. 

To  the  superintendent  of  stamps,  three  hundred  and  seventy-seven 
dollars,  and  seventy-eight  cents. 

To  the  commissioner  of  loans  of  Pennsylvania,  one  thousand  five 
hundred  dollars. 

Provided  however.  That  the  expense,  thus  allowed,  shall  have  been 
actually  incurred :  And  provided  also,  that  the  whole  amount  paid  to 
each  above-mentioned  officer,  respectively,  for  his  compensation,  and 
that  of  his  clerks  and  persons  employed  in  his  office,  for  the  year  afore- 
said, shall  not  exceed  the  sums  heretofore  appropriated,  by  law,  to  those 
objects,  respectively,  during  the  said  year. 

Sec.  4.  And  be  it  further  enacted,  That  the  aforesaid  sums  shall  be 
paid  and  discharged  out  of  any  monies  in  the  treasury  of  the  United 
States,  not  otherwise  appropriated. 

AfnovMD,  February  23, 1802. 


p«niea  and  at- 
tendance on 
Coogreia  to  be 
the   ■ame    as 
members  of  the 
Senate  and 
Hoase    of  Re- 
presentatives. 

1799,  ch.  43, 
■ec.  17. 


Statute  I. 

Feb.  23,  1803. 

[Obsolete.] 
Specific     ap- 
propriations. 


Erpenses  al- 
lowea  not  to  ex- 
ceed  the  sums 
appropriated  by 
law. 


132 


SEVENTH  CONGRESS.    Sess.  I.  Ch.  8, 9.     1802. 


Statute  I. 
March  8, 1802. 

[OlMolete.] 
Repeal  of  the 
acU  of  last  ses- 
sion, rclatire  to 
the  judiciary. 

Act    of  Feb. 
13, 1801,  ch.  4, 
repealed. 

Act  of  March 
3,  1801,  ch.  32, 
repealed. 


Revival  of  for- 
mer acts. 

Act  of  March 
23,  1804,  ch. 
31.(6) 


Coatinuance 
of  suits  to  the 
circuit  and  dis- 
trict courts  re- 
established by 
this  act. 


Writs  and  pro- 
cess issued  un- 
der the  acts  re- 
pealed, to  be  re- 
turned to  the 
next  circuit  or 
district  court  re- 
established by 
this  act. 


Statute  I. 
March  16, 1802. 

Military  peace 
establishment. 

Act  of  March 
3, 1815,  ch.  78. 
Act  of  March  3, 

1817,  ch.  106. 
Act  of  April  14, 

1818,  ch.  66. 
Act  of  March  2, 
1821,  ch.  12. 


Chap.  VIII. — Jin  jSet  to  ra^tal  certain  aeU  retpeeting  ike  organizaHon  cf  tke 
Courts  of  the  United  States  i  and  for  other  purpo8e»»(a) 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled^  That  the  act  of  Congress 
passed  on  the  thirteenth  day  of  February  one  thousand  eight  hundred 
and  one,  intituled  ''  An  act  to  provide  for  the  more  convenient  organi- 
zation of  the  courts  of  the  United  States,"  from  and  after  the  first  day 
of  July  next,  shall  be,  and  is  hereby  repeded. 

Sec.  2.  And  he  it  further  enacted,  That  the  act  passed  on  the  third 
day  of  March,  one  thousand  eight  hundred  and  one,  intituled  "An  act 
for  altering  the  times  and  places  of  holding  certain  courts  therein  men- 
tioned and  for  other  purposes,"  from  and  after  the  said  first  day  of  July 
next,  shall  be,  and  is  hereby  repealed. 

Sec.  3.  And  be  it  further  enacted,  That  all  the  acts,  and  parts  of 
acts,  which  were  in  force  before  the  passage  of  the  aforesaid  two  acts, 
and  which  by  the  same  were  either  amended,  explained,  altered,  or 
repealed,  shall  be,  and  hereby  are,  after  the  said  first  day  of  July  next, 
revived,  and  in  as  full  and  complete  force  and  operation,  as  if  the  said 
two  acts  had  never  been  made. 

Sec.  4.  And  be  it  further  enacted,  That  all  actions,  suits,  process, 
pleadings,  and  other  proceedings,  of  what  nature  or  kind  soever, 
depending  or  existing  in  any  of  the  circuit  courts  of  the  United  States, 
or  in  any  of  the  district  courts  of  the  United  States,  acting  as  circuit 
courts,  or  in  any  of  the  additional  district  courts,  which  were  established 
by  the  aforesaid  act  of  Congress,  passed  on  the  thirteenth  day  of  Feb- 
ruary, one  thousand  eight  hundred  and  one,  shall  be,  and  hereby  are, 
fi'om  and  after  the  said  first  day  of  July  next,  continued  over  to  the 
circuit  courts,  and  to  the  district  courts,  and  to  the  district  courts 
acting  as  circuit  courts  respectively,  which  shaU  be  first  thereafter 
hdden  in  and  for  the  respective  circuits  and  districts,  which  are  revived 
and  established  by  this  act,  and  to  be  proceeded  in,  in  the  same  manner 
as  they  would  have  been,  had  they  originated  prior  to  the  passage  of 
the  said  act,  passed  on  the  thirteenth  day  of  February,  one  thousand 
eight  hundred  and  one. 

Sec.  5.  And  be  it  further  enacted,  That  all  writs  and  process,  which 
have  issued,  or  may  issue  before  the  said  first  day  of  July  next,  returna- 
ble to  the  circuit  courts,  or  to  any  district  court  acting  as  a  circuit 
court,  or  any  additional  district  court  established  by  the  aforesaid  act 
passed  the  thirteenth  day  of  February,  one  thousand  eight  hundred  and 
one,  shall  be  returned  to  the  next  circuit  court,  or  district  court,  or  dis- 
trict court  acting  as  a  circuit  court,  re-established  by  this  act :  and  shall 
be  proceeded  on  therein,  in  the  same  manner  as  they  could,  had  they 
been  originally  returnable  to  the  circuit  courts,  and  district  courts  acting 
as  circuit  courts,  hereby  revived  and  established. 

Approted,  March  8, 1802. 


Chap.  IX. — Jin  Jet  fixing  the  military  peau  ettabUthment  if  the  United  States. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled,  That  the  military  peace 
establishment  of  the  United  States  firom  and  after  the  first  of  June  next, 
shall  be  composed  of  one  regiment  of  artillerists  and  two  regiments  of 
infantry,  with  such  officers,  military  agents,  and  engineers,  as  are  herein 
after  mentioned. 

Sec  2.  And  be  it  further  enacted,  That  the  regiment  of  artillerists 
shall  consist  of  one  colonel,  one  lieutenant-colonel,  four  majors,  one  ad- 


(a)  See  act  of  April  29,  1802,  chap.  31,  «  An  act  to  amend  the  indicial  a jatem  of  the  United  SUtes.'* 

(b)  An  act  altering  the  sesaiona  or  the  diatriet  eoorti  of  the  United  Statea  for  the  diitrict  of  Virginia, 
Rhode  Island,  and  lor  the  dittrict  of  West  Tennessee,  March  23,  1804,  chap.  31. 


SEVENTH  CONGRESS.    Sess.  I.  Ch.  0.    1802. 


133 


jaianty  and  twenty  companies,  each  company  to  consist  of  one  captain, 
one  first  lieutenant,  one  second  lieutenant,  two  cadets,  four  sergeants, 
four  corporals,  four  musicians,  eight  artificers,  and  fifty-six  privates ;  to 
be  formed  into  five  battalions :  Provided  dkoays^  that  it  shall  be  lawful 
for  the  President  of  the  United  States  to  retain,  with  their  present  grade, 
as  many  of  the  first  lieutenants,  now  in  service,  as  shall  amount  to  the 
whole  number  of  lieutenants  required ;  but  that  in  proportion  as  vacan- 
cies happen  therein,  new  appointments  be  made  to  the  grade  of  second 
lieutenants  until  their  number  amount  to  twenty  :  and  each  regiment  of 
infantry  shall  consist  of  one  colonel,  one  lieutenant-colonel,  one  major, 
one  adjutant,  one  sergeant-major,  two  teachers  of  music,  and  ten  com- 
panies ;  each  company  to  consist  of  one  captain,  one  first  and  one  second 
lieutenant,  one  ensign,  four  sergeants,  four  corporals,  four  musicians,  and 
nxty-four  privates. 

Sbc.  3.  And  be  it  further  enacted.  That  there  shall  be  one  brigadier- 
general,  with  one  aid-de-camp,  who  shall  be  taken  from  the  captains  or 
sabaltems  of  the  line;  one  adjutant  and  inspector  of  the  army,  to  be 
taken  from  the  line  of  field  officers ;  one  paymaster  of  the  army,  seven 
payn^asters  and  two  assistants,  to  be  attached  to  such  districts  as  the 
President  of  the  United  States  shall  direct,  to  be  taken  from  the  line  of 
commissioned  officers,  who,  in  addition  to  their  other  duties,  shall  have 
charge  of  the  clothing  of  the  troops ;  three  military  agents,  and  such 
number  of  assistant  military  agents  as  the  President  of  the  United  States 
shall  deem  expedient,  not  exceeding  one  to  each  military  post ;  which 
assistants  shall  be  taken  from  the  line ;  two  surgeons ;  twenty-five  sur- 
geons' mates,  to  be  attached  to  garrisons  or  posts,  and  not  to  corps. 

SbCp  4.  And  he  it  further  enacted^  That  the  monthly  pay  of  the 
officei^  non-commissioned  officers,  musicians,  and  privates,  be  as  fol- 
lows, to  wit:  to  the  brigadier-general,  two  hundred  and  twenty-five 
dollars,  which  shall  be  his  full  and  entire  compensation,  without  a  right 
to  demand  or  receive  any  rations,  forage,  travelling  expenses,  or  other 
perquisite  or  emolument  whatsoever,  except  such  stationery  as  may  be 
requisite  for  the  use  of  his  department ;  to  the  adjutant  and  inspector 
of  the  army,  thirty-eight  dollars  in  addition  to  his  pay  in  the  line,  and 
such  stationery  as  shall  be  requisite  for  his  department;  to  the  paymaster 
of  the  army,  one  hundred  and  twenty  dollars,  without  any  other  emolu- 
ment, except  such  stationery  as  may  be  requisite  in  his  department  and 
the  use  of  the  public  office  now  occupied  by  him ;  to  the  aid-de-carop,  in 
addition  to  his  pay  in  the  line,  thirty  dollars ;  to  each  paymaster  attached 
to  districts,  thirty  dollars,  and  each  assistant  to  such  paymaster,  ten 
dollars,  in  addition  to  his  pay  in  the  line;  to  each  miUtary  agent, 
seventy-six  dollars  and  no  other  emolument ;  to  each  assistant  military 
agent,  eight  dollars,  in  addition  to  his  pay  in  the  line,  except  the  assistant 
military  agents  at  Pittsburg  and  Niagara,  who  shall  receive  sixteen 
dollars,  each,  in  addition  to  their  pay  in  the  line;  to  each  colonel,  seventy- 
five  dollars ;  to  each  lieutenant-colonel,  sixty  doUars ;  to  each  major, 
^fij  doUars ;  to  each  surgeon,  forty-five  dollars ;  to  each  surgeon's  mate, 
thirty  dollars ;  to  each  adjutant,  ten  dollars,  in  addition  to  his  pay  in  the 
line ;  to  each  captain,  forty  dollars ;  to  each  first  lieutenant,  thirty  dollars ; 
to  each  second  lieutenant,  twenty-five  dollars ;  to  each  ensign,  twenty 
dollars;  to  each  cadet,  ten  dollars;  to  each  sergeant-major,  nine  dollars; 
to  each  sergeant,  eight  dollars ;  to  each  corporal,  seven  dollars ;  to  each 
teacher  of  music,  eight  dollars;  to  each  musician,  six  dollars;  to  each 
artificer,  ten  dollars ;  and  to  each  private,  five  dollars. 

Sec.  5.  And  he  it  further  enacted.  That  the  commissioned  officers 
aforesaid,  shall  be  entitled  to  receive,  for  their  daily  subsistence,  the 
i<^owing  number  of  rations  of  provisions :  a  colond,  six  rations ;  a 
lieutenant-colonel,  five  rations ;  a  major,  four  rations ;  a  captain,  three 
rations;  a  lieutenant,  two  rations;  an  ensign,  two  rations ;  a  surgeon 

M 


How  compos- 
ed. 

One  regiment 
of  artilleri«t»^ 
its  complement 
of  officers,  pri- 
vates, fcc. 

To  be  formed 
into  battalions : 

Certain  lieu- 
tenants may  bo 
retained  in  ser- 
vice, with  their 
present  grade — 
new  appoint- 
ments in  case 
of  vacancies. 

Two  regiments 
of  infantrj,  their 
complements  of 
officers  and  pri- 
vates,  &c. 

One  brigadier- 
general,  &c.  to 
be  appointed. 

Paymasters. 


Military  agents. 


Monthly  pay 
to  the  officers, 
non-commis- 
sioned   officers, 
priTatcs,  &c. 


Rations  to  be 
famished  in  pro- 
portion to  rank. 


134 


SEVENTH  CONGRESS.    Sess.  I.  Ch.  9.     1802. 


Component 
parts  or  a  ration. 


Certain  offi- 
cers to  receive 
money  in  lieo 
of  forage,  when 
notfurniahedby 
the  public,  and 
how  much. 

The  troops  to 
be    furnished 
with   uniform 
clothing. 


The  Secreta- 
ry of  War  may 
supply  surplus 
clothing,  to  be 
furnished  the 
men  at  contract 
prices. 


The  new  corps 
to  be  arranged 
out  of  the  corps 
now  in  serrice. 

Supernumera- 
ries to  be  dis- 
charged, and 
when. 

The  corps  to 
be  governed  by 
the  articles  and 
rules  of  war  now 
in  force — and 
such   others  as 
may  be  made;— ■ 
sentences    of 
general  courts 
martial,    with 
their  proceed- 
ings, to  be  laid 
before  the  Pres- 
ident, in  certain 
cases. 

Compensation 
to  recruiting  of- 
ficers  for  each 
r'cruit,  of  a  par- 


three  rations;  a  surgeon's  mate,  two  rations;  a  cadet,  two  rations  or 
money  in  lieu  thereof  at  the  option  of  the  said  officers  and  cadets  at  the 
posts  respectively,  where  the  rations  shall  become  due ;  and  if  at  such 
post  supplies  are  not  furnished  by  contract,  then  such  allowance  as  shall 
be  deemed  equitable,  having  reference  to  former  contracts,  and  the  posi- 
tion of  the  place  in  question:  and  each  non-commissioned  officer, 
musician  and  private,  one  ration ;  to  the  commanding  officers  of  each 
separate  post,  such  additional  number  of  rations  as  the  President  of  the 
United  States  shall,  from  time  to  time,  direct,  having  respect  to  the  special 
circumstances  of  each  post ;  to  the  women  who  may  be  allowed  to  any 
particular  corps  not  exceeding  the  proportion  of  four  to  a  company,  one 
ration  each;  to  such  matrons  and  nurses  as  maybe  necessarily  employed 
in  the  hospital,  one  ration  each ;  and  to  every  commissioned  officer  who 
shall  keep  one  servant,  not  a  soldier  of  the  line,  one  additional  ration. 

Sec.  6.  And  be  it  jurther  enacted^  That  each  ration  shall  consist  of 
one  pound  and  a  quarter  of  beef,  or  three  quarters  of  a  pound  of  pork, 
eighteen  ounces  of  bread  or  flour,  one  gill  of  rum,  whiskey  or  brandy, 
and  at  the  rate  of  two  quarts  of  salt,  four  quarts  of  vinegar,  four  pounds 
of  soap,  and  one  pound  and  a  half  of  candles  to  every  hundred  rations. 

Sec.  7.  And  he  it  further  enacted,  That  the  following  officers  shall, 
whenever  forage  is  not  furnished  by  the  public,  receive  at  the  rate  of 
the  following  sums  per  month,  in  lieu  thereof:  each  colonel,  twelve  dol- 
lars ;  each  lieutenant^colonel,  eleven  dollars;  each  major,  ten  dollars ;- 
each  adjutant,  six  dollars;  each  surgeon,  ten  dollars;  and  each  surgeon's 
mate,  six  dollars. 

Sec.  8.  And  he  it  jurther  enacted.  That  every  non-commissioned  officer, 
musician  and  private  of  the  artillery  and  infantry,  shall  receive  annually, 
the  following  articles  of  uniform  clothing,  to  wit :  one  hat,  one  coat, 
one  vest,  two  pair  of  woollen  and  two  pair  of  linen  overalls,  one  coarse 
linen  frock  and  trowsers  for  fatigue  clothing,  four  pair  of  shoes,  four 
shirts,  two  pair  of  socks,  two  pair  of  short  stockings,  one  blanket,  one 
stock  and  clasp,  and  one  pair  of  half  gaithers :  and  the  Secretary  of 
War  is  hereby  authorized  to  cause  to  be  furnished  to  the  paymasters  of 
the  respective  districts,  such  surplus  of  clothing  as  he  may  deem  expe- 
dient, which  clothing  shall,  under  his  direction,  be  furnished  to  the  sd- 
diers,  when  necessary,  at  the  contract  prices,  and  accounted  for  by  them 
out  of  their  arrears  of  monthly  pay. 

Sec.  9.  And  he  it  further  enacted,  That  the  President  of  the  United 
States  cause  to  be  arranged,  the  officers,  non-commissioned  officers, 
musicians  and  privates  of  the  several  corps  of  troops  now  in  the  service 
of  the  United  States,  in  such  a  manner  as  to  form  and  complete,  out  of 
the  same,  the  corps  afbresaid ;  and  cause  the  supernumerary  officers, 
non-commissioned  officers,  musicians  and  privates  to  be  discharged  from 
the  service  of  the  United  States  from  and  afler  the  first  day  of  April 
next,  or  as  soon  thereafter  as  circumstances  may  permit 

Sec.  10.  And  he  it  Jurther  enacted,  That  the  officers,  non-commis- 
sioned officers,  musicians  and  privates  of  the  said  corps,  shall  be  governed 
by  the  rules  and  articles  of  war,  which  have  been  established  by  the 
United  States  in  Congress  assembled,  or  by  such  rules  and  articles  as 
may  be  hereafter,  by  law,  established :  Provided  nevertheless,  that  the 
sentence  of  general  courts  martial,  extending  to  the  loss  of  life,  the  dis- 
mission of  a  commissioned  officer,  or  which  shall  respect  the  general 
officer,  shall,  with  the  whole  of  the  proceedings  of  such  cases,  respec- 
tively, be  laid  before  the  President  of  the  United  States,  who  is  hereby 
authorized  to  direct  the  same  to  be  carried  into  execution,  or  otherwise, 
as  he  shall  judge  proper 

Sec.  11.  And  be  it  further  enacted,  That  the  commissioned  officers 
who  shall  be  employed  in  the  recruiting  service,  to  keep  up  by  rduntary 
enlistment,  the  corps  as  aforesaid,  shall  be  entitled  to  receive  for  every 


SEVENTH  CONGRESS.    Sess.  I.  Ch.  9.     1802. 


135 


effectiTe  able-bodied  citizen  of  the  United  States,  who  shall  be  duly 
enlisted  by  him  for  the  term  of  five  years,  and  mustered,  of  at  least  five 
feet  six  inches  high,  and  between  the  ages  of  eighteen  and  thirty-five 
years,  the  sum  of  two  dollars :  Provided  nevertheless,  that  this  regulation, 
so  far  as  respects  the  height  and  age  of  the  recruit,  shall  not  extend  to 
musicians  or  to  those  soldiers  who  may  re -enlist  into  the  service :  And 
provided  also,  that  no  person  under  the  age  of  twenty-one  years  shall 
be  enlisted  by  any  officer,  or  held  in  the  service  of  the  United  States, 
without  the  consent  of  his  parent,  guardian  or  master  first  had  and 
obtained,  if  any  he  have ;  and  if  any  officer  shall  enlist  any  person  con- 
trary to  the  true  intent  and  meaning  of  this  act, — for  every  such  offence, 
he  shall  forfeit  and  pay  the  amount  of  the  bounty  and  clothing  which 
the  person  so  recruited  may  have  received  from  the  public,  to  be  deducted 
out  of  the  pay  and  emoluments  of  such  officer. 

Sec.  12.  And  be  it  further  enacted.  That  there  shall  be  allowed 
and  paid  to  each  effective  able-bodied  citizen,  recruited  as  aforesaid,  to 
serve  for  the  term  of  five  years,  a  bounty  of  twelve  dollars;  but  the  pay- 
ment of  six  dollars  of  the  said  bounty  shall  be  deferred  until  he  shall  be 
mustered  and  have  joined  the  corps  in  which  he  is  to  serre. 

Sec.  13.  And  be  it  further  enacted.  That  the  said  corps  shall  be  paid 
in  such  manner,  that  the  arrears  shall,  at  no  time,  exceed  two  months, 
unless  the  circumstances  of  the  case  shall  render  it  unavoidable. 

Sec.  14.  And  be  it  further  enacted.  That  if  any  officer,  non-commis- 
sioned officer,  musician  or  private,  in  the  corps  comfwsing  the  peace 
establishment  shall  be  disabled  by  wounds  or  otherwise,  while  in  the  line 
of  his  duty  in  public  service,  he  shall  be  placed  on  the  list  of  invalids  of 
the  United  States,  at  such  rate  of  pay,  and  under  such  regulations,  as 
may  be  directed  by  the  President  of  the  United  States  for  the  time  being : 
Provided  always,  that  the  compensation  to  be  allowed  for  such  wounds 
or  disabilities,  to  a  commissioned  officer,  shall  not  exceed  for  the  highest 
rate  of  disability  half  the  monthly  pay  of  such  officer,  at  the  time  of  his 
being  disabled  or  wounded ;  and  that  no  officer  shall  receive  more  than 
the  half  pay  of  a  lieutenant-colonel ;  and  that  the  rate  of  compensation 
to  non-commissioned  officers,  musicians  and  privates,  shall  not  exceed 
five  dollars  per  month:  And  provided  also,  that  all  inferior  disabilities 
shall  entitle  the  person  so  disabled  to  receive  an  allowance  proportionate 
to  the  highest  disability. 

Sec.  15.  And  be  it  further  enacted.  That  if  any  commissioned  officer 
in  the  military  peace  establishment  of  the  United  States,  shall,  while  in 
the  service  of  the  United  States,  die,  by  reason  of  any  wound  received 
in  actual  service  of  the  United  States,  and  leave  a  widow,  or  if  no  widow, 
a  child  or  children  under  sixteen  years  of  age,  such  widow,  or  if  no 
widow,  such  child  or  children  shall  be  entitled  to  and  receive  half  the 
monthly  pay,  to  which  the  deceased  was  entitled  at  the  time  of  his  death, 
for  and  during  the  term  of  five  years.  But  in  case  of  the  death  or  inter- 
marriage of  such  widow,  before  the  expiration  of  the  said  term  of  five 
years,  the  half  pay,  for  the  remainder  of  the  time,  shall  go  to  the  child 
or  children  of  such  deceased  officer :  Provided  always,  that  such  half 
pay  shall  cease  on  the  decease  of  such  child  or  children. 

Sec.  16.  And  be  itjvrther  enacted.  That  the  paymaster  shall  perform 
the  duties  of  his  office,  agreeably  to  the  direction  of  the  President  of  the 
United  States,  for  the  time  being ;  and  before  he  enters  on  the  duties  of 
the  same,  shall  give  bonds,  with  good  and  sufficient  sureties,  in  such 
sums  as  the  President  shall  direct,  for  the  faithful  discharge  of  his  said 
office ;  and  shall  take  an  oath  to  execute  the  duties  thereof  with  fidelity : 
and  it  shall,  moreover,  be  his  duty  to  appoint  from  the  line,  with  the 
approbation  of  the  President  of  the  United  States,  the  several  paymasters 
to  districts  and  assistants  prescribed  by  this  act;  and  he  is  hereby  author- 
ized to  require  the  said  paymaster  to  districts,  and  assistants,  to  enter 


ticular  doscrip- 
tion. 

Tliia  regula. 
tion  not  to  ex- 
tend to  musi- 
cians and  sol- 
diers re-enlist- 
ed ; — ^no  one  to 
be  enlisted  but 
with  the  consent 
of  the  person 
having  the  legal 
care  of  him. 

Penalty  for  in- 
fringing this 
provision. 

Bounty  to  a 
recruit. 

Payment,  part 
to  be  deferred. 


Arrears  of  pay 
not  exceed  two 
months  if  avoid- 
able. 

Officers  and 
privates  may  be 
placed  on  the 
pension  list  in 
certain  cases,  at 
specified  rates. 


Not  to  be  ex- 
ceeded. 


Inferior  disa- 
bilities to  entitle 
to  proportionate 
allowances. 

Provision  for 
the  widow,  or 
children  undec 
sixteen,  of  a 
commissioned 
officer,  who  dies 
from  wounds  re- 
ceived in  the 
service  of  the  U. 
States. 

In  case  of  the 
death    or    mar- 
riage of  the  %vi. 
dow    to    enure 
to  the  benefit  of 
the  children  : 
determinnble 
with  their 
deaths. 

Paymaster  to 
act  according  to 
the  directions  of 
the  President. 

To  give  bond, 
with  sureties  for 
the  faithful  dis- 
charge of  his  of- 
fice. 

To  take  an 
oath  of  office 


13G 


SEVENTH  CONGRESS.    Sess.  I.  Ch.  9.     1802. 


To  appoint 
certain  paymas- 
ters  from  the 
line,  with  the 
President'!  ap. 
probation. 

Authorized  to 
require  them  to 
give  bonds  with 
sureties. 

Duties  of  mili. 
tary  aecnta  pre- 
scribed. 

They  shall  ac- 
count with  the 
department    of 

iwar 


Additional 
penalty  to  non- 
commissioned 
officers,  &c.  for 
desertion. 

They  may  be 
tried  and  pun- 
ished, if  appro, 
bended  after  the 
terra  for  which 
enlisted. 

Persons  con- 
ccmed  in  pro- 
curing or  assist- 
ing in  the  deser- 
tion  of  soldiers, 
or  who  shall  par- 
chase  their  uni- 
form  clothing, 
may  be  fined  or 
imprisoned  at 
the  discretion  of 
certain  courts. 


Oath  to  be 
taken  by  offi. 
cers,  musicians 
and  privates. 


In  case  of  a 
general  court 
martial  the  Pres- 
ident may  ap. 
point  a  judge 
advocate. 

An  additional 
allowance  to  the 
judge  advocate. 
Brigadier-gen. 
eral  to  appoint 
in  cases  that  the 
President  does 
not. 

Provision  to 
commissioned 
officers  for  extra 
expenses  in  tra- 
velling to  and 
sitting  on  gene, 
ral  courts  mar. 
tinl. 

Non-comroiS' 


into  bonds,  with  good  and  sufficient  surety,  for  the  faithful  discharge  of 
their  respective  duties. 

Sec.  17.  And  be  it  further  enacted^  That  it  shal]  be  the  duty  of  the 
military  agents,  designated  by  this  act,  to  purchase,  receive,  and  forward 
to  their  proper  destination,  all  military  stores,  and  other  articles  for  the 
troops  in  their  respective  departments,  and  all  goods  and  annuities  for 
the  Indians,  which  they  may  be  directed  to  purchase,  or  which  shall  be 
ordered  into  their  care  by  the  department  of  jvar.  They  shall  account 
with  the  department  of  war,  annually,  for  all  the  public  property  which 
may  pass  through  their  hands,  and  all  the  monies  which  they  may 
expend  in  discharge  of  the  duties  of  their  offices,  respectively :  previous 
to  their  entering  on  the  duties  of  their  offices,  they  shall  give  bonds,  with 
sufficient  sureties,  in  such  sums  as  the  President  of  the  United  States 
shall  direct,  for  the  faithful  discharge  of  the  trust  reposed  in  them ;  and 
shall  take  an  oath  faithfully  to  perform  the  duties  of  their  respective 
offices. 

Sec.  18.  And  he  it  further  enacted,  That  if  any  non-commissioned 
officer,  musician  or  private,  shall  desert  the  service  of  the  United  States, 
he  shall,  in  addition  to  the  penalties  mentioned  in  the  rules  and  articles 
of  war,  be  liable  to  serve,  for  and  during  such  a  period,  as  shall,  with 
the  time  he  may  have  served  previous  to  his  desertion,  amount  to  the 
full  term  of  his  enlistment ;  and  such  soldier  shall  and  may  be  tried  by 
a  court  martial,  and  punished,  although  the  term  of  his  enlistment  may 
have  elapsed  previous  to  his  being  apprehended  or  tried. 

Sec.  19.  And  be  it  Jvrther  enacted.  That  every  person  who  shall 
procure  or  entice  a  soldier  in  the  service  of  the  United  States  to  desert, 
or  who  shall  purchase  from  any  soldier,  his  arms,  uniform  clothing,  or 
any  part  thereof;  and  every  captain  or  commanding  officer  of  any  ship 
or  vessel,  who  shall  enter  on  board  such  ship  or  vessel,  as  one  of  his 
crew,  knowing  him  to  have  deserted,  or  otherwise  carry  away  any  such 
soldier,  or  shall  refuse  to  deliver  him  up  to  the  orders  of  his  command- 
ing officer,  shall,  upon  legal  conviction,  be  fined  at  the  discretion  of  any 
court  having  cognizance  of  the  same,  in  any  sum  not  exceeding  three 
hundred  dollars,  or  be  imprisoned  any  term  not  exceeding  one  year. 

Sec.  20.  And  be  it  further  enacted.  That  every  officer,  non-commis- 
sioned officer,  musician  and  private,  shall  take  and  subscribe  the  following 
oath  or  affirmation,  to  wit :  **  I,  A.  B.  do  solemnly  swear  or  affirm,  (as 
the  case  may  be^  that  I  will  bear  true  faith  and  allegiance  to  the  United 
States  of  America,  and  that  I  will  serve  them  honestly  and  faithfully 
against  their  enemies  or  opposers,  whomsoever ;  and  that  I  will  observe 
and  obey  the  orders  of  the  President  of  the  United  States,  and  the 
orders  of  the  officers  appointed  over  me,  according  to  the  rules  and 
articles  of  war." 

Sec.  21.  And  be  it  fiirther  enacted,  That  whenever  a  general  court 
martial  shall  be  ordered,  the  President  of  the  United  States  may  appoint 
some  fit  person  to  act  as  judge  advocate,  who  shall  be  allowed,  in  addition 
to  his  other  pay,  one  dollar  and  twenty-five  cents  for  every  day  he  shall 
be  necessarily  employed  in  the  duties  of  the  said  court ;  and  in  cases 
where  the  President  shall  not  have  made  such  appointment,  the  brigadier- 
general  or  the  president  of  the  court  may  make  the  same. 

Sec  22.  And  be  it  further  enacted,  That  where  any  commissioned 
officer  shall  be  obliged  to  incur  any  extra  expense  in  travelling  and 
sitting  on  general  courts  martial,  he  shall  be  allowed  a  reasonable 
compensation  for  such  extra  expense  actually  incurred,  not  exceeding 
one  dollar  and  twenty-five  cents  per  day,  to  officers  who  are  not  entitled 
to  forage,  and  not  exceeding  one  dollar  per  day  to  such  as  shall  be  entitled 
to  forage. 

Sec.  23.  And  he  it  further  enocfe^.  That  no  non-commissioned  officer, 
musician  or  private  shall  be  arrested,  or  subject  to  arrest,  or  to  be  taken 


SEVENTH  CONGRESS.     Sess.  I.  Ch.  11.     1802. 


137 


in  execution  for  any  debt  under  the  sum  of  twenty  dollars,  contracted 
before  enlistment,  nor  for  any  debt  contracted  after  enlistment. 

Sec.  24.  And  be  it  further  enaciedy  That  whenever  any  officer  or 
soldier  shall  be  discharged  from  the  service,  except  by  way  of  punish- 
ment for  any  offence,  he  shall  be  allowed  his  pay  and  rations,  or  an 
equivalent  in  money,  for  such  term  of  time  as  shall  be  sufficient  for  him 
to  travel  from  the  place  of  discharge  to  the  place  of  his  residence,  com- 
puting at  the  rate  of  twenty  miles  to  a  day. 

Sec.  25.  And  be  it  further  enacted,  That  to  each  commissioned 
officer,  who  shall  be  deranged  by  virtue  of  this  act,  there  shall  be  allowed 
and  paid,  in  addition  to  the  pay  and  emoluments  to  which  they  will  be 
entitled  by  law  at  the  time  of  their  discharge — to  each  officer  whose 
term  of  service  in  any  military  corps  of  the  United  States  shall  not  have 
exceeded  three  years,  three  months'  pay ;  to  all  other  officers  so  de- 
ranged, one  month's  pay  of  their  grades,  respectively,  for  each  year  of 
past  aerrice  in  the  army  of  the  United  States,  or  in  any  regiment  or 
corps  now  or  formerly  in  the  service  thereof. 

Sec.  26.  And  be  it  further  enacted.  That  the  President  of  the  United 
States  is  hereby  authorized  and  empowered,  when  he  shall  deem  it  ex- 
pedient, to  organize  and  establish  a  corps  of  engineers,  to  consist  of  one 
engineer,  with  the  pay,  rank  and  emoluments  of  a  major ;  two  assistant 
engineers,  with  the  pay,  rank  and  emoluments  of  captain^ ;  two  other 
assistant  engineers,  with  the  pay,  rank  and  emoluments  of  first  lieuten- 
ants ;  two  other  assistant  engineers,  with  the  pay,  rank  and  emoluments 
of  second  lieutenants ;  and  ten  cadets,  witb  the  pay  of  sixteen  dollars 
per  month,  and  two  rations  per  day :  and  the  President  of  the  United 
States  is,  in  like  manner,  authorized,  when  he  shall  deem  it  proper,  to 
make  such  promotions  in  the  said  corps,  with  a  view  to  particular  merit, 
and  without  regard  to  rank,  so  as  not  to  exceed  one  colonel,  one 
lieutenant-colonel,  two  majors,  four  captains,  four  first  lieutenants,  four 
second  lieutenants,  and  so  as  that  the  number  of  the  whole  corps  shall,  at 
no  time,  exceed  twenty  officers  and  cadets. 

Sec.  27.  And  be  it  further  enacted.  That  the  said  corps,  when  so  or- 
ganized, shall  be  stationed  at  West  Point  in  the  state  of  New  York, 
and  shall  constitute  a  military  academy;  and  the  engineers,  assistant 
engineers,  and  cadets  of  the  said  corps,  shall  be  subject,  at  all  times,  to 
do  duty  in  such  places,  and  on  such  service,  as  the  President  of  the 
United  States  shall  direct. 

Sec.  28.  And  be  it  further  enacted.  That  the  principal  engineer,  and 
in  his  absence  the  next  in  rank,  shall  have  the  superintendence  of  the 
said  military  academy,  under  the  direction  of  the  President  of  the  United 
States ;  and  the  Secretary  of  War  is  hereby  authorized,  at  the  public 
expense,  under  such  regulations  as  shall  be  directed  by  the  President 
of  the  United  States,  to  procure  the  necessary  books,  implements  and 
apparatus  for  the  use  and  benefit  of  the  said  institution. 

Sec.  29.  And  be  it  further  enacted,  That  so  much  of  any  act  or  acts, 
now  in  force,  as  comes  within  the  purview  of  this  act,  shall  be,  and  the 
same  is  hereby  repealed;  saving,  nevertheless,  such  parts  thereof,  as 
relate  to  the  enlistments  or  term  of  service  of  any  of  the  troops,  which,  by 
this  act,  are  continued  on  the  present  military  establishment  of  the  United 
Sutes. 

Afproted,  March  16, 1802. 


•ioned    officers 
and  privates  to 
be  free  from  ar- 
rests   for  debts 
under  twenty 
dollars,   con- 
tracted before 
enlistment,  and 
for  all  while  in 
service. 

Allowance  to 
officers  and  sol- 
diers, upon  be- 
ing discharged 
except  by  way 
of  punishment 

Additional  al- 
lowance  to  offi- 
cers deranged 
by  this  act 


President  may 
organize  a  corps 
of  engineers. 

Of  whom  it 
shall  consist 


Pay  of  cadets. 

President  may 
make  promo- 
tions   therein 
within  certain 
limitations. 

Corps  of  engi- 
neers to  be  sta- 
tioned at  West 
Point,  and  to 
form  a  military 
academy,  but  to 
ffo  to  and  do 
auty  in  other 
places  as  the 
President  shall 
direct 

The  principal 
engineer,  and  in 
his  absence  the 
next  in  rank,  to 
superintend  the 
military  acade- 

The  secretary 
of  war  to  pro- 
cure the  neces- 
sary books,  &c. 
Repeal  of  laws 
within  the  pur- 
view of  this. 

Saving  clause. 


Statute  I. 


Chap.  XL— Mffo  Act  for  the  aeeommodation  cf  penon§  concerned  in  certain  Fish-  Msrch  16, 1802. 

cries  therein  mentioned,  ' 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United  Collector  of 

Slates  of  America,  in  Congress  assembled,  That  from  and   after  the  ^enton**to'per* 

passing  of  this  act,  it  shall  be  lawful  for  the  collector  of  the  customs  for  mit  the  lan^g 

Vol..  II.— 18  M  2 


138 


SEVENTH  CONGRESS.    Sess.  I.  Ch.  12.     1802. 


of  Bait  at  fish, 
eries  and  other 
places  in  his  dis- 
trict. 

In  other  re- 
spects the  usual 
regulations  to 
be  observed. 

Act  of  1799, 
ch.  22,  sec.  53, 
56. 

Inspectors  or 
other  officers  of 
the  customs  en> 
titled  to  accom- 
modations from 
the  vessels. 


And  to  pecu- 
niary compen- 
sations if  more 
than  fifteen  days 
be  spent  there- 


Statute  I. 

March  16,  1802. 

[Obsolete.] 
Collectors  to 

{»roYide  lists  of 
ands  taxable. 


Act  of  July  9, 
1708,  ch.  76. 


Transcripts  of 
which  to  be 
publishedi  and 
now. 


Payment  with- 
in six  months. 


Lands  to  be 
•old  on  failure 
of  payment. 


the  district  of  Edenton  to  permit  any  vessel  having  on  board  salt  only, 
after  due  report  and  entry,  and  security  given  for  the  duties,  to  proceed 
under  the  inspection  of  an  officer  of  the  customs  to  any  fishery,  or  other 
landing  place  within  the  district,  (to  be  designated  in  the  permit)  and 
there  discharge  the  same ;  subject,  however,  in  all  other  respects,  to  the 
regulations,  restrictions,  penalties  and  provisions  established  by  an  act 
passed  the  second  of  March,  in  the  year  one  thousand  seven  hundred 
and  ninety-nine,  intituled  "An  act  to  regulate  the  collection  of  duties 
on  imports  and  tonnage." 

Sec.  2.  And  be  it  further  eruuted,  That  every  inspector  or  other 
officer  of  the  customs,  while  performing  duty  on  board  any  such  vessel, 
elsewhere  than  in  the  port  to  which  such  officer  may  properly  belong, 
shall  be  entitled  to  receive  from  the  master,  or  commander  thereof,  such 
provisions  and  other  accommodations  (free  from  expense)  as  are  usually 
supplied  to  passengers,  or  as  the  state  and  condition  of  the  vessel  will 
admit. 

Sec.  3.  And  be  it  further  enacted,  That  if  by  reason  of  the  delivery 
of  any  cargo  of  salt,  in  manner  aforesaid,  more  than  fifteen  working 
days  (computing  from  the  date  of  entry)  shall,  in  the  whole,  be  spent 
therein,  the  wages  or  compensation  of  such  inspector,  or  other  officer 
of  the  customs  who  may  be  employed  on  board  any  vessel,  in  respect  to 
which  such  t§rm  may  be  so  exceeded,  shall,  for  every  day  of  such  excess, 
be  paid  by  the  master  or  owner ;  and  until  paid,  it  shaU  not  be  lawful  for 
the  collector  to  grant  a  clearance,  or  to  permit  such  vessel  to  depart  from 
the  district 

Approved,  March  16,  1802. 

Chap.  XII. — Jin  Act  to  amend  an  act,  inUluled  *^Jln  ad  to  lay  and  collect  a  direct 
tax  within  the  United  Stated.'' 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  collectors  in  each 
district  shall  prepare  and  transmit  to  their  respective  supervisors,  correct 
lists  of  all  lands  within  their  respective  collection  districts,  which  by  the 
act  passed  the  fourteenth  day  of  July,  one  thousand  seven  hundred  and 
ninety-eight,  intituled  "An  act  to  lay  and  collect  a  direct  tax  within  the 
United  States,"  they  now  are  or  hereafter  shall  be  authorized  to  adver- 
tise for  sale,  specifying  therein  the  persons  in  whose  names  the  assess- 
ments were  originally  made,  and  the  sums  due  thereon  respectively ;  of 
which  lists  it  shall  be  the  duty  of  the  supervisor,  in  aD  cases,  to  cause 
correct  transcripts  to  be  made  out,  and  to  cause  to  be  inserted  for  five 
weeks  successively,  in  one  or  more  newspapers  published  within  his  dis- 
trict, one  of  which  shall  be  the  gazette  in  which  are  published  by  au- 
thority, the  laws  of  the  state  within  whose  limits  the  said  district  may  be 
comprised,  if  there  be  any  such  gazette,  a  notification,  that  such  tran- 
scripts are  lodged  at  his  office,  and  are  open  to  the  free  inspection  of  all 
parties  concerned ;  and  also  notifying,  that  the  tax  due  ufwn  the  said 
lands  may  be  paid  to  the  collector  within  whose  division  the  aforesaid 
lands  are  contained,  or  to  the  supervisor  of  the  district,  at  any  time 
within  the  space  of  six  months  from  the  date  of  such  notification,  and 
the  time  when,  and  places  where  sales  will  be  made  of  all  lands  upon 
which  any  part  of  the  direct  tax  shall  remain  due  after  the  expiration  of 
the  time  aforesaid. 

Sec.  2.  And  be  it  further  enacted,  That  in  case  of  failure  on  the  part 
of  the  owner  or  owners  of  the  aforesaid  lands  to  pay  within  the  aforesaid 
time,  the  full  amount  of  tax  due  thereon,  the  collectors  under  the  direc- 
tion, and  with  the  approbation  of  their  respective  supervisors,  shall 
immediately  proceed  to  sell,  at  public  sale,  at  the  tiroes  and  places  men- 
tioned in  the  advertisement  of  the  supervisor,  so  much  of  the  lands  afore- 


SEVENTH  CONGRESS.    Sess.  I.  Cu.  13.    1802. 


130 


8aid  as  may  be  sufficient  to  satisfy  the  same,  together  with  all  the  costs 
and  charges  of  preparing  lists,  advertising  and  notifying  as  aforesaid,  and 
of  sale. 

Sec.  3.  And  be  it  further  enacted,  That  the  aforesaid  tax,  including 
all  costs  and  charges  as  aforesaid,  shall  be  and  remain  a  lien  upon  a3 
lands  and  other  real  estate  on  which  the  same  has  been  assessed,  until 
the  tax  due  upon  the  same,  including  all  costs  and  charges,  shall  have 
been  collected,  or  until  a  sale  shall  have  been  effected,  according  to  the 
provision  of  this  act,  or  of  the  act  to  which  this  is  a  supplement 

S^c A.  Andhe  it  frrthcr  enacted,  That  in  all  cases  wherein  any  tract 
of  land  may  have  been  assessed  in  one  assessment,  which  at  the  time 
when  such  assessment  was  made,  was  actually  divided  into  two,  or  more 
distinct  parcels,  each  parcel  having  one  or  more  distinct  proprietor  or 
proprietors,  it  shall  be  the  duty  of  the  collector,  to  receive  in  manner 
aforesaid,  from  any  proprietor  or  proprietors  thus  situated,  his  or  their 
pr<^>ortion  of  the  tax  due  ufwn  such  tract ;  and  thereupon,  the  land  of 
the  proprietor  or  proprietors  upon  which  the  tax  shall  have  been  thus 
paid,  shall  be  for  ever  discharged  from  any  part  of  the  tax  due  under 
the  original  assessment 

Sec.  5.  And  be  itjnrther  enacted.  That  in  any  case  in  which  it  may 
have  happened  that  lands  actually  belonging  to  one  person,  may  have 
been,  or  hereafter  shall  be  assessed  in  the  name  of  another,  and  no  sale 
of  the  same  shall  yet  have  been  made,  the  same  proceedings  shall  be  had 
for  the  sale  of  the  aforesaid  lands,  in  order  to  raise  the  tax  assessed  in 
relation  to  the  same,  as  is  provided  by  the  eleventh  section  of  the  act 
to  which  this  is  a  supplement,  in  the  case  of  lands  assessed,  the  owner 
whereof  is  unknown ;  and  such  sale  shall  transfer  and  pass  to  the  pur- 
chaser, a  good  and  effectual  title. 

Sec.  6.  And  be  it  Jurther  enacted,  That  the  right  of  redemption  re- 
served to  the  owners  of  lands  and  tenements  sold  under  this  act,  or  the 
act  to  which  this  is  a  supplement,  shall,  in  no  wise,  be  affected  or  impaired : 
Promded  always,  that  the  owners  of  lands  which  shaD  thus  be  sold  after 
the  passing  of  this  act,  in  order  to  avail  themselves  of  that  right,  shall 
make  payment  or  tender  of  payment  within  two  years  from  the  time  of 
sale,  for  the  use  of  the  purchaser,  his  heirs  or  assigns,  of  the  amount  of 
the  said  tax,  costs  and  charges,  with  interest  for  the  same,  at  the  rate  of 
twenty-five  per  cent  per  annum. 

Sec.  7.  And  be  it  further  enacted.  That  the  Secretary  of  the  Trea- 
sury shall  be  and  hereby  is  authorized  and  empowered,  under  the  direc- 
tion of  the  President  of  the  United  States,  to  augment  the  compensation 
fixed  by  law,  for  the  commissioner  or  for  the  principal  and  assistant 
assessors  or  either  of  them,  in  any  division  where  it  shall  be  found  neces- 
sary for  carrying  into  effect  the  act  intituled  "An  act  to  provide  for  the 
valuation  of  lands  and  dwelling-houses,  and  the  enumeration  of  slaves 
within  the  United  States,"  so  however,  as  that  the  commissioner  shall  in 
no  case  receive  more  than  five  dollars  per  day,  nor  the  principal  or 
assistant  assessor  in  any  case  receive  more  than  three  doUars  per  day, 
which  additional  compensation  shall  be  subject  to  the  same  rules  of 
sHtlement  as  are  established  by  the  act  last  aforesaid. 

Approved,  March  16, 1802. 


Tax  and  eoste 
a  lien  on  land 
till  diicharged. 


Tracts  parcel- 
led ma^  pay  in 
proportion. 


ProYision  for 
■ale  of  landa 
of  persons  not 
namod  correct- 
ly. 


1798,  ch.  75. 


Right  of  re- 
demption secur- 
ed under  regu- 
lations. 


Secretary  of 
the  Treasury  au- 
thorise^! to  aug- 
ment compen- 
sation of  offi- 
cers. 


1798,  ch.  70. 


Statute  I. 

Chap.  XIII.— ^n  Act  to  regukUt  trade  and  intercourse  with  the  Indian  tribte^  and   March  SO,  1803. 
topre^peaceonthefronlier^iu)  Aet.fApril». 

1816,  cb.  165. 
Act  of  March, 

1817,  ch.  43. 


Be  it  enacted  by  the  Senate  and  House  rf  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  following  boundary 


W  Regulations  of  intercourse  and  trade  with  the  Indians.  The  105th  section  of  the  act  of  March  2, 
1799,  ehap.  SS,  proTidcs  that  no  duties  shall  be  leried  on  peltries  and  goods  of  Indians,  brought  into  the 
United  Sutes. 


140 


SEVENTH  CONGRESS.    Sess.  I.  Ch.  13.    1802. 


Act  of  May  6, 

1823.  cb.64. 

Boandaries  to 
be  established 
according   to 
treaties,  to  be 
marked. 

Beginning 
thereor. 

Indian  bonn- 
dary  described. 


line,  established  by  treaty  between  the  United  States  and  varioas  Indian 
tribes,  shall  be  clearly  ascertained,  and  distinctly  marked  in  all  such 
places  as  the  President  of  the  United  States  shall  deem  necessary,  and 
in  such  manner  as  he  shall  direct,  to  wit :  Beginning  at  the  mouth  of 
the  Cayahoga  river  on  Lake  Erie,  and  running  thence  up  the  same  to 
the  portage  between  that  and  the  Tuscaroras  branch  of  the  Muskingum ; 
thence,  down  that  branch,  to  the  crossing  place  above  Fort  Laurence ; 
thence  westwardly  to  a  fork  of  that  branch  of  the  Great  Miami  river 
running  into  the  Ohio,  at  or  near  which  fork  stood  Laromie's  store,  and 
where  commences  the  portage,  between  the  Miami  of  the  Ohio  and  St. 
Mary's  river,  which  is  a  branch  of  the  Miami,  which  runs  into  Lake 
Erie ;  thence  a  westwardly  course  to  Fort  Recovery,  which  stands  on  a 
branch  of  the  Wabash ;  thence  soutbwestwardly,  in  a  direct  line  to  the 
Ohio,  so  as  to  intersect  that  river,  opposite  the  mouth  of  Kentucky  or 
Cuttawa  river ;  thence  down  the  said  river  Ohio  to  the  tract  of  one  hun- 
dred and  fifty  thousand  acres,  near  the  rapids  of  the  Ohio,  which  has 
been  assigned  to  General  Clarke,  for  the  use  of  himself  and  his  warriors ; 
thence  around  the  said  tract,  on  the  line  of  the  said  tract,  till  it  shall 
again  intersect  the  said  river  Ohio ;  thence  down  the  same  to  a  point 
<^posite  the  high  lands  or  ridge  between  the  mouth  of  the  Cumberland 
and  Tennessee  rivers ;  thence  southeastwardly  on  the  said  ridge,  to  a 
point,  firom  whence  a  southwest  line  will  strike  the  mouth  of  Duck 
river;  thence,  still  eastward ly  on  the  said  ridge,  to  a  point  forty  miles 
above  Nashville^  thence  northeast  to  Cumberland  river ;  thence  up  the 
said  river  to  where  the  Kentucky  road  crosses  the  same ;  thence  to  the 
Cumberland  mountain,  at  the  point  of  Campbell's  line ;  thence  in  a 
soutbwestwardly  direction  along  the  foot  of  the  Cumberland  mountain 
to  Emory's  river ;  thence  down  the  same  to  its  junction  with  the  river 
Clinch ;  thence  down  the  river  Clinch  to  Hawkins's  line ;  thence  along 
the  same  to  a  white  oak,  marked  one  mile  tree ;  thence  south  fifty-one 
degrees  west,  three  hundred  and  twenty-eight  chains,  to  a  large  ash  tree 
on  the  bank  of  the  river  Tennessee,  one  mile  below  southwest  point ; 
thence  up  the  northeast  margin  of  the  river  Tennessee  (not  including 
islands^  to  the  Wild  Cat  Rock,  below  Tellico  block-house ;  thence  in  a 
direct  line  to  the  Militia  spring,  near  the  Maryville  road  leading  from 
Tellico ;  thence  from  the  said  spring  to  the  Chilhowee  mountain  by  a 
line  so  to  be  run  as  will  leave  all  the  farms  on  Nine  Mile  creek  to  the 
northward  and  eastward  of  it,  and  to  be  continued  along  the  Chilhowee 
mountain  until  it  strikes  Hawkins's  line ;  thence  along  the  said  line  to 
the  great  Iron  mountain ;  and  from  the  top  of  which  a  line  to  be  con- 
tinued in  a  southeastwardly  course  to  where  the  most  southern  branch 
of  Little  river  crosses  the  divisional  line  to  Tugaloo  river;  thence 'along 
the  South  Carolina  Indian  boundary  to  and  over  the  Ocunna  mountain, 
in  a  southwest  course  to  Tugaloo  river ;  thence  in  a  direct  line  to  the 
top  of  Currahee  mountain,  where  the  Creek  line  passes  it ;  thence  to  the 
head  or  source  of  the  main  south  branch  of  the  Oconee  river,  called  the 

The  acts  which  are  no  longer  in  force,  hare  been :  An  act  to  regulate  trade  and  intorcoorse  with  the 
Indian  tribes,  July  22,  1790,  chap.  33. — Expired.  An  act  to  regulate  trade  and  intercourse  with  the 
Indian  tribes,  March  1,  1793. — Repealed  by  act  of  Msy  19,  179o,  chap.  30.  An  act  to  regulate  trade 
and  intercourse  with  the  Indian  tribes,  snd  to  preserve  peace  on  the  frontiers.  May  19, 1796,  chap.  26.— 
Eipired.  An  act  for  the  preservation  of  peace  with  the  Indian  tribes,  January  17,  1800,  chap.  6. — Ex- 
pired. An  act  supplementory  to  the  *'act  to  regulate  trade  and  intercourse  with  the  Indian  tribes,  and 
to  preserve  peace  on  the  frontiers,"  April  22,  1800,  chap.  30. — Expired. 

The  acU  now  in  operation  and  force,  are :  An  act  to  regulate  trade  and  intercourse  with  the  Indian 
tribes,  and  to  preserve  peace  on  the  frontiers,  March  30,  1802,  chap.  13;  an  act  erecting  Louisiana  into 
two  territories,  and  providing  for  the  temporary  government  thereor,  March  26,  1804,  chap.  38,  sec.  15 ; 
an  act  supplementary  to  the  act  passed  tne  thirtieth  of  March,  one  thousand  eight  hundred  and  two,  to 
regulate  trade  and  intercourse  witn  the  Indian  tribes,  and  to  preserve  peace  on  the  frontiers,  April  29, 
1816,  chap.  166;  an  act  to  provide  for  the  punishment  of  certain  crimes  and  offences  committea  within 
the  Indian  boundaries,  March  3,  1817,  chap.  92 ;  an  act  to  amend  an  act  entitled,  *<An  act  to  regulate 
trade  and  intercoune  with  the  Indian  tribes,  and  to  preserve  peace  on  the  frontiers,"  ajlproved  thirteenth 
March,  one  thousand  ei^ht  hundred  and  two.  May  6,  1822,  cJiap.  64 ;  an  act  to  regulate  trade  and  inter- 
course with  the  Indian  tribes,  and  to  preserve  peace  on  the  frontiers,  June  30, 1834,  ch.  161.  Also  ch.  162. 


SEVENTH  CONGRESS.    Sess.  I.  Ch.  13.    1802- 


141 


A{ypa]achee ;  thence  down  the  middle  of  the  said  main  south  branch  and  Boonduy  ter- 
river  Oconee,  to  its  confluence  with  Oakmulgee,  which  forms  the  river 
Aitamaha ;  thence  down  the  middle  of  the  said  Altamaha,  to  the  old 
line  on  the  said  river ;  and  thence  along  the  said  old  line  to  the  river  St 
Marj's :  Provided  ahoays^  that  if  the  boundary  line  between  the  said 
Indian  tribes  and  the  United  States  shall,  at  any  time  hereafter,  be 
Tariedy  by  any  treaty  which  shall  be  made  between  the  said  Indian  tribes 
and  the  United  States,  then  all  the  provisions  contained  in  this  act  shall 
be  construed  to  apply  to  the  said  line  so  to  be  varied,  in  the  same  man- 
ner as  said  provisions  apply,  by  force  of  this  act,  to  the  boundary  line 
herein  before  recited. 

Sec.  2.  And  be  it  Juriher  enacted.  That  if  any  citizen  of,  or  other 
person  resident  in,  the  United  States,  or  either  of  the  territorial  districts 
of  the  United  States,  shall  cross  over,  or  go  within  the  said  boundary 
line,  to  hunt,  or  in  any  wise  destroy  the  game ;  or  shall  drive,  or  other- 
wise convey  any  stock  of  horses  or  cattle  to  range  on  any  lands  allotted 
or  secured  by  treaty  with  the  United  States,  to  any  Indian  tribes,  he 
shall  forfeit  a  sum  not  exceeding  one  hundred  dollars,  or  be  imprisoned 
not  exceeding  six  months.(a) 

Sec.  3.  And  be  it  Juriher  enacted,  That  if  any  such  citizen  or  other 
person,  shall  go  into  any  country  which  is  allotted,  or  secured  by  treaty 
as  aforesaid,  to  any  of  the  Indian  tribes  south  of  the  river  Ohio,  without 
a  passport  first  had  and  obtained  from  the  governor  of  some  one  of  the 
United  States,  or  the  officer  of  the  troops  of  the  United  States,  com- 
manding at  the  nearest  post  on  the  frontiers,  or  such  other  person  as 
the  President  of  the  United  States  may,  from  time  to  time,  authorize  to 
grant  the  same,  shall  forfeit  a  sum  not  exceeding  fifly  dollars,  or  be  im- 
prisoned not  exceeding  three  months.(6) 

Sec.  4.  And  be  it  fitrther  enacted,  That  if  any  such  citizen,  or  other 
person,  shall  go  into  any  town,  settlement  or  territory,  belonging,  or 
secured  by  treaty  with  the  United  States,  to  any  nation  or  tribe  of  Indi- 
9BS,  and  shall  there  commit  robbery,  larceny,  trespass  or  other  crime, 
against  the  person  or  property  of  any  friendly  Indian  or  Indians,  which 
would  be  punishable,  if  committed  within  the  jurisdiction  of  any  state, 
against  a  ciUzen  of  the  United  States :  or,  unauthorized  by  law,  and 
with  a  hostile  intention,  shall  be  found  on  any  Indian  land,  such  offender 
shall  forfeit  a  sum  not  exceeding  one  hundred  dollars,  and  be  imprisoned 
not  exceeding  twelve  months;  and  shall  also,  when  property  is  taken  or 
destroyed,  forfeit  and  pay  to  such  Indian  or  Indians,  to  whom  the  pro- 
perty taken  and  destroyed  belongs,  a  sum  equal  to  twice  the  just  value 
of  die  property  so  taken  or  destroyed  :  and  if  such  offender  shall  be 
nnable  to  pay  a  sum  at  least  equal  to  the  said  just  value,  whatever  such 
payment  shall  fall  short  of  the  said  just  value,  shall  be  paid  out  of  the 
treasury  of  the  United  States:  Provided  nevertheless,  that  no  such 
Indian  shall  be  entitled  to  any  payment  out  of  the  treasury  of  the 
United  States,  for  any  such  property  taken  or  destroyed,  if  he,  or  any 
of  the  nation  to  which  he  belongs,  shall  have  sought  private  revenge,  or 
attempted  to  obtain  satisfaction  by  any  force  or  violence. 

Sbc.  5.  And  be  it  further  enacted,  That  if  any^  such  citizen,  or  other 
person,  shall  make  a  settlement  on  any  lands  belonging,  or  secured,  or 
granted  by  treaty  with  the  United  States,  to  any  Indian  tribe,  or  shall 

(a)  The  treaties  and  lawt  of  the  United  States  contemplate  the  Indian  territory  as  completely  separated 
from  that  of  the  states ;  and  proyide  that  all  intercourse  with  them  shall  be  carried  on  eiclasively  by  the 
government  of  the  Union.    Worcester  v.  The  State  of  Georgia,  6  Peters'  Rep.  615. 

(6)  The  act  of  the  30th  March,  1803,  having  described  wlut  should  be  considered  as  the  Indian  coun- 
try at  that  time,  as  well  as  at  any  future  time,  when  purchases  of  territory  should  be  made  fVoni  the 
Indians,  the  carrying  of  spirituous  liquors  into  the  territory  so  purchased  after  March,  1802,  although  the 
tame  should,  at  the  time,  oe  frequented  and  inhabited  by  the  Indians  exclusively,  could  not  be  an  offence 
within  the  meaning  of  the  before  mentioned  act  of  Congress,  so  as  to  suhiect  the  goods  of  the  trader 
Ibvad  within  those  territories,  to  seizure  and  forfeiture.  The  American  Fur  Company  v.  The  United 
Stales,  S  Peters,  358* 


Indian  boun- 
dary may  be  va- 
ried by  treaties 
and  the  act  to 
apply. 

Line  not  to  be 
crossed. 


Penalty  for 
trespass. 

No  one  to  go 
into  the  Indian 
country  without 
a  passport. 
By  whom  pass, 
ports  to  be 
grsnted. 

Penalty  for 
ffoing  into  the 
Indian  territory 
without  a  pass- 
port. 


Offences  in  the 
Indian  territory 
punishable. 


Penalties. 


Indians  not  to 
be  remunerated 
if  they  use  vio- 
lence. 


No  settlement 
or  survey  to  be 
made. 


142 


SEVENTH  CONGRESS.    Sess.  I.  Cu.  13.     1802. 


Pttnaltiei. 


Military  force 
may  be  employ- 
ed againftintra- 
dera. 


Murder  of  In- 
diana paniaha- 
ble  with  death. 


I'radera  who 
reaide  moat  have 
a  licenae. 


Ltcenaea  not 
to  exceed  two 
yeara. 


Bond  to  be 
given  by  licena- 
ed  traders. 

License  may 
be  recalled  for 
misconduct. 


Goods  of  un- 
licensed traders 
forfeited. 


Further  pen- 
alty. 

Articlea  which 
ahallnotbepur- 
chaaed  from  In- 
dians. 


Penalty. 

Horses  not  to 
be  bought  or 
sold  without  li- 
cense. 


Fideen  daya 
notice    before 
sale  of  a  horse, 
and  description 
given. 


survey,  or  atteropt  to  surrey,  such  lands,  or  designate  any  of  the  boun- 
daries, by  marking  trees,  or  otherwise,  such  offender  shall  forfeit  a  sum 
not  exceeding  one  thousand  dollars,  and  suffer  imprisonment,  not  ex- 
ceeding twelve  months.  And  it  shall,  moreover,  be  lawful  for  the 
President  of  the  United  States  to  take  such  measures,  and  to  employ 
such  military  force,  as  he  may  judge  necessary,  to  remove  from  lands, 
belonging  or  secured  by  treaty,  as  aforesaid,  to  any  Indian  tribe,  any  such 
citizen,  or  other  person,  who  has  made,  or  shall  hereafter  make,  or 
attempt  to  make  a  settlement  thereon. 

Sec.  6.  And  be  itjurther  enacted.  That  if  any  such  citizen,  or  other 
person,  shall  go  into  any  town,  settlement  or  territory  belonging  to  any 
nation  or  tribe  of  Indians,  and  shall  there  commit  murder,  by  killing 
any  Indian  or  Indians,  belonging  to  any  nation  or  tribe  of  Indians,  in 
amity  with  the  United  States,  such  offender,  on  being  thereof  convicted, 
shall  suffer  death. 

Sec.  7.  And  be  it  further  enacted,  That  no  such  citizen,  or  other 
person,  shall  be  permitted  to  reside  at  any  of  the  towns,  or  hunting 
camps,  of  any  of  the  Indian  tribes  as  a  trader,  without  a  license  under 
the  hand  and  seal  of  the  superintendent  of  the  department,  or  of  such 
other  person  as  the  President  of  the  United  States  shall  authorize  to 
grant  licenses  for  that  purpose :  which  superintendent,  or  person  au- 
thorized, shall,  on  application,  issue  such  license,  for  a  term  not  exceeding 
two  years,  to  such  trader,  who  shall  enter  into  bond  with  one  or  more 
sureties,  approved  of  by  the  superintendent,  or  person  issuing  such 
license,  or  by  the  President  of  the  United  States,  in  the  penal  sum  of 
one  thousand  dollars,  conditioned  for  the  true  and  faithful  observance  of 
such  regulations  and  restrictions,  as  are,  or  shall  be  made  for  the  gov- 
ernment of  trade  and  intercourse  with  the  Indian  tribes:  and  the 
superintendent,  or  person  issuing  such  license,  shall  have  full  power 
and  authority  to  recall  the  same,  if  the  person  so  licensed  shall  trans- 
gress any  of  the  regulations,  or  restrictions,  provided  for  the  government 
of  trade  and  intercourse  with  the  Indian  tribes ;  and  shall  put  in  suit 
such  bonds  as  he  may  have  taken,  on  the  breach  of  any  condition  therein 
contained. 

Sec.  8.  And  be  it  further  enacted,  That  any  such  citizen  or  other 
person,  who  shall  attempt  to  reside  in  any  town  or  hunting  camp,  of  any 
of  the  Indian  tribes,  as  a  trader,  without  such  license,  shaU  forfeit  all 
the  merchandise  offered  for  sale  to  the  Indians,  or  found  in  his  possession, 
and  shall,  moreover,  be  liable  to  a  fine  not  exceeding  one  hundred  dollars, 
and  to  imprisonment  not  exceeding  thirty  da3rs. 

Sec.  9.  And  be  itjurther  enacted,  That  if  any  such  citizen,  or  other 
person,  shall  purchase,  or  receive  of  any  Indian,  in  the  way  of  trade  or 
barter,  a  gun,  or  other  article  commonly  used  in  bunting,  any  instru- 
ment of  husbandry,  or  cooking  utensil,  of  the  kind  usually  obtained  by 
the  Indians,  in  their  intercourse  with  white  people,  or  any  article  of 
clothing,  excepting  skins  or  furs,  he  shall  forfeit  a  sum  not  exceeding 
fifly  dollars,  and  be  imprisoned  not  exceeding  thirty  days. 

Sec.  10.  And  be  it  further  enacted.  That  no  such  citizen  or  other 
person  shall  be  permitted  to  purchase  any  horse  of  an  Indian,  or  of  any 
white  man  in  the  Indian  territory,  without  special  license  for  that  pur- 
pose; which  license,  the  superintendent,  or  such  other  person  as  the 
President  shall  appoint,  is  hereby  authorized  to  grant,  on  the  same  terms, 
conditions  and  restrictions,  as  other  licenses  are  to  be  granted  under  this 
act :  and  any  such  person,  who  shall  purchase  a  horse  or  horses,  under 
such  license,  before  he  exposes  such  horse  or  horses  for  sale,  and  within 
fifleen  days  afler  they  have  been  brought  out  of  the  Indian  country,  shall 
make  a  particular  return  to  the  superintendent,  or  other  person,  from 
whom  he  obtained  his  license,  of  every  horse  purchased  by  him,  as 
aforesaid ;  describing  «uch  horses,  by  their  colour,  height,  and  other 


SEVENTH  CONGRESS.    Sess.  I.  Cn.  13.     1802. 


143 


natoral  or  artificial  marks,  under  the  penalty  contained  in  their  respec- 
tive bonds.  And  every  such  person,  purchasing  a  horse  or  horses,  as 
aforesaid,  in  the  Indian  country,  without  a  specid  license,  shall  for  every 
horse  thus  purchased  and  brought  into  any  settlement  of  citizens  of  the 
United  States,  forfeit  a  sum  not  exceeding  one  hundred  dollars,  and  be 
imprisoned  not  exceeding  thirty  days.     And  every  person,  who  shall 

Eurchase  a  horse,  knowing  him  to  be  brought  out  of  the  Indian  territory, 
y  any  person  or  persons,  not  licensed,  as  above,  to  purchase  the  same, 
shall  forfeit  the  value  of  such  horse. 

Sec.  11.  And  be  it  further  enacted,  That  no  agent,  superintendent, 
or  other  person  authorized  to  grant  a  license  to  trade,  or  purchase 
horses,  shall  have  any  interest  or  concern  in  any  trade  with  the  Indians, 
or  in  the  purchase  or  sale  of  any  horse  to  or  from  any  Indian,  excepting 
for  and  on  account  of  the  United  States ;  and  any  person  offending 
herein,  shall  forfeit  a  sum  not  exceeding  one  thousand  dollars,  and  be 
imprisoned  not  exceeding  twelve  months. 

Sbc.  12.  And  be  it  further  enacted,  That  no  purchase,  grant,  lease, 
or  other  conveyance  of  lands,  or  of  any  title  or  claim  thereto,  from  any 
Indian,  or  nation,  or  tribe  of  Indians,  within  the  bounds  of  the  United 
States,  shall  be  of  any  validity,  in  law  or  equity,  unless  the  same  be  made 
by  treaty  or  convention,  entered  into  pursuant  to  the  constitution :  and 
it  shall  be  a  misdemeanor  in  any  person,  not  employed  under  the  autho- 
rity of  the  United  States,  to  negotiate  such  treaty,  or  convention,  directly 
or  indirectly,  to  treat  with  any  such  Indian  nation,  or  tribe  of  Indians, 
for  the  title  or  purchase  of  any  lands  by  them  held  or  claimed,  punishable 
by  fine  not  exceeding  one  thousand  dollars,  and  imprisonment  not  ex- 
ceeding twelve  months :  Provided  nevertheless,  that  it  shall  be  lawful  for 
the  agent  or  agents  of  any  state,  who  may  be  present  at  any  treaty  held 
with  Indians  nnder  the  authority  of  the  United  States,  in  the  presence, 
and  with  the  approbation  of  the  commissioner  or  commissioners  of  the 
United  States,  appointed  to  hold  the  same,  to  propose  to,  and  adjust  with 
the  Indians,  the  compensation  to  be  made,  for  their  claims  to  lands 
within  such  state,  which  shall  be  extinguished  by  the  treaty. 

Sec.  13.  And  be  it  further  enacted.  That  in  order  to  promote  civiliza- 
tion among  the  friendly  Indian  tribes,  and  to  secure  the  continuance  of 
their  friendship,  it  shall  be  lawful  for  the  President  of  the  United  States, 
to  cause  them  to  be  furnished  with  useful  domestic  animals,  and  imple- 
ments of  husbandry,  and  with  goods  or  money,  as  he  shall  judge  proper, 
and  to  appoint  such  persons,  from  time  to  time,  as  temporary  agents,  to 
reside  among  the  Indians,  as  he  shall  think  lit :  Provided,  that  the  whole 
amount  of  such  presents,  and  allowance  to  such  agents,  shall  not  exceed 
fifteen  thousand  dollars  per  annum. 

Sec.  14.  And  be  it  further  enacted.  That  if  any  Indian  or  Indians, 
belonging  to  any  tribe  m  amity  with  the  United  States,  shall  come  over 
or  cross  the  said  boundary  line,  into  any  state  or  territory  inhabited  by 
citizens  of  the  United  States,  and  there  take,  steal  or  destroy  any  horse, 
horses,  or  other  property,  belonging  to  any  citizen  or  inhabitant  of  the 
United  States,  or  of  either  of  the  territorial  districts  of  the  United  States, 
or  shall  commit  any  murder,  violence  or  outrage,  upon  any  such  citizen 
or  inhabitant,  it  shall  be  the  duty  of  such  citizen  or  inhabitant,  his  repre- 
sentative, attorney,  or  agent,  to  make  application  to  the  superintendent, 
or  such  other  person  as  the  President  of  the  United  States  shall  authorize 
for  that  purpose ;  who,  upon  being  furnished  with  the  necessary  docu- 
ments and  proofs,  shall,  under  the  direction  or  instruction  of  the  Presi- 
dent of  the  United  States,  make  application  to  the  nation  or  tribe,  to 
which  such  Indian  or  Indians  shall  belong,  for  satisfaction ;  and  if  such 
nation  or  tribe  shall  neglect  or  refuse  to  make  satisfaction,  in  a  reason- 
able time,  not  exceeding  twelve  months,  then  it  shall  be  the  duty  of  such 
superintendent  or  other  person  authorized  as  aforesaid,  to  make  return 


Penaltiei. 


A^^ents  of  tho 
public  not  to 
trtde. 


No  purchatM 
from  Indians  but 
ander  traatiei. 


Bfitdemeanor 
to  attempt  pro- 
curing them  in 
any  other  man- 
ner. 

How  puniaha. 
ble. 

Exception  aa 
to  ftatea  making 
purchaaes  in  a 
certain  manner. 


Preaident  au- 
thorised to  use 
means  of  civil- 
izing the  In- 
diana. 


Means  limited. 


Meana  of  re- 
dreaa  prescribed 
for  transgrea- 
aion  of  Indiana. 


142 


SEVENTH  CONGRESS.    Sess.  I.  Cu.  13.     1802. 


Pttnaltiei. 


Military  force 
may  be  employ- 
ed against  intra- 
deri. 


Murder  of  In- 
dians panisha- 
ble  with  death. 


I'raderi  who 
reside  mast  hare 
a  license. 


Licenses  not 
to  exceed  two 
years. 


Bond  to  be 
given  by  licens- 
ed traders. 

License  may 
be  recalled  for 
misconduct. 


Goods  of  nn- 
licensed  traders 
forfeited. 


Further  pen- 
alty. 

Articles  which 
shall  not  be  pur- 
chased from  In- 
dians. 


Penalty. 


Horses  not  to 
be  bought  or 
sold  without  li- 
cense. 


Fif\een  days 
notice    before 
sale  of  a  horse, 
and  description 
given. 


survey,  or  attempt  to  surrey,  such  lands,  or  designate  any  of  the  boun- 
daries, by  marking  trees,  or  otherwise,  such  offender  shall  forfeit  a  sum 
not  exceeding  one  thousand  dollars,  and  suffer  imprisonment,  not  ex- 
ceeding twelve  months.  And  it  shall,  moreover,  be  lawful  for  the 
President  of  the  United  States  to  take  such  measures,  and  to  employ 
such  military  force,  as  he  may  judge  necessary,  to  remove  from  lands, 
belonging  or  secured  by  treaty,  as  aforesaid,  to  any  Indian  tribe,  any  such 
citizen,  or  other  person,  who  has  made,  or  shall  hereafter  make,  or 
attempt  to  make  a  settlement  thereon. 

Sec.  6.  And  be  it  farther  enacted,  That  if  any  such  citizen,  or  other 
person,  shall  go  into  any  town,  settlement  or  territory  belonging  to  any 
nation  or  tribe  of  Indians,  and  shall  there  commit  murder,  by  killing 
any  Indian  or  Indians,  belonging  to  any  nation  or  tribe  of  Indians,  in 
amity  with  the  United  States,  such  offender,  on  being  thereof  convicted, 
shall  suffer  death. 

Sec.  7.  And  he  it  farther  enacted,  That  no  such  citizen,  or  other 
person,  shall  be  permitted  to  reside  at  any  of  the  towns,  or  hunting 
camps,  of  any  of  the  Indian  tribes  as  a  trader,  without  a  license  under 
the  hand  and  seal  of  the  superintendent  of  the  department,  or  of  such 
other  person  as  the  President  of  the  United  States  shall  authorize  to 
grant  licenses  for  that  purpose :  which  superintendent,  or  person  au- 
thorized, shall,  on  application,  issue  such  license,  for  a  term  not  exceeding 
two  years,  to  such  trader,  who  shall  enter  into  bond  with  one  or  more 
sureties,  approved  of  by  the  superintendent,  or  person  issuing  such 
license,  or  by  the  President  of  the  United  States,  in  the  penal  sum  of 
one  thousand  dollars,  conditioned  for  the  true  and  faithful  observance  of 
such  regulations  and  restrictions,  as  are,  or  shall  be  made  for  the  gov- 
ernment of  trade  and  intercourse  with  the  Indian  tribes :  and  the 
superintendent,  or  person  issuing  such  license,  shall  have  full  power 
and  authority  to  recall  the  same,  if  the  person  so  licensed  shall  trans- 
gress any  of  the  regulations,  or  restrictions,  provided  for  the  government 
of  trade  and  intercourse  with  the  Indian  tribes ;  and  shall  put  in  suit 
such  bonds  as  he  may  have  taken,  on  the  breach  of  any  condition  therein 
contained. 

Sec.  8.  And  be  it  farther  enacted.  That  any  such  citizen  or  other 
person,  who  shall  attempt  to  reside  in  any  town  or  hunting  camp,  of  any 
of  the  Indian  tribes,  as  a  trader,  without  such  license,  shall  forfeit  all 
the  merchandise  offered  for  sale  to  the  Indians,  or  found  in  his  possession, 
and  shall,  moreover,  be  liable  to  a  fine  not  exceeding  one  hundred  dollars, 
and  to  imprisonment  not  exceeding  thirty  da3rs. 

Sec.  9.  And  be  it  farther  enacted.  That  if  any  such  citizen,  or  other 
person,  shall  purchase,  or  receive  of  any  Indian,  in  the  way  of  trade  or 
barter,  a  gun,  or  other  article  commonly  used  in  hunting,  any  instru- 
ment of  husbandry,  or  cooking  utensil,  of  the  kind  usually  obtained  by 
the  Indians,  in  their  intercourse  with  white  people,  or  any  article  of 
clothing,  excepting  skins  or  furs,  he  shall  forfeit  a  sum  not  exceeding 
fifly  dollars,  and  be  imprisoned  not  exceeding  thirty  days. 

Sec.  10.  And  be  it  farther  enacted.  That  no  such  citizen  or  other 
person  shall  be  permitted  to  purchase  any  horse  of  an  Indian,  or  of  any 
white  man  in  the  Indian  territory,  without  special  license  for  that  pur- 
pose; which  license,  the  superintendent,  or  such  other  person  as  the 
President  shall  apfwint,  is  hereby  authorized  to  grant,  on  the  same  terms, 
conditions  and  restrictions,  as  other  licenses  are  to  be  granted  under  this 
act :  and  any  such  person,  who  shall  purchase  a  horse  or  horses,  under 
such  license,  before  he  exposes  such  horse  or  horses  for  sale,  and  within 
fifleen  days  afler  they  have  been  brought  out  of  the  Indian  country,  shall 
make  a  particular  return  to  the  superintendent,  or  other  person,  from 
whom  he  obtained  his  license,  of  every  horse  purchased  by  him,  as 
aforesaid ;  describing  «uch  horses,  by  their  colour,  height,  and  other 


SEVENTH  CONGRESS.    Sess.  I.  Cn.  13.     1802. 


143 


natnral  or  artificial  m^rks,  under  the  penalty  contained  in  their  respec- 
ti?e  bonds.  And  every  such  person,  purchasing  a  horse  or  horses,  as 
aforesaid,  in  the  Indian  country,  without  a  special  license,  shall  for  every 
horse  thus  purchased  and  brought  into  any  settlement  of  citizens  of  the 
United  States,  forfeit  a  sum  not  exceeding  one  hundred  ddlars,  and  be 
imprisoned  not  exceeding  thirty  days.  And  every  person,  who  shall 
purchase  a  horse,  knowing  him  to  be  brought  out  of  the  Indian  territory, 
by  any  person  or  persons,  not  licensed,  as  above,  to  purchase  the  same, 
aball  forfeit  the  value  of  such  horse. 

Sec.  11.  And  be  it  further  enacted,  That  no  agent,  superintendent, 
or  other  person  authorized  to  grant  a  license  to  trade,  or  purchase 
horses,  shall  have  any  interest  or  concern  in  any  trade  with  the  Indians, 
or  in  Ibe  purchase  or  sale  of  any  horse  to  or  from  any  Indian,  excepting 
for  and  on  account  of  the  United  States ;  and  any  person  offending 
herein,  shall  forfeit  a  sum  not  exceeding  one  thousand  dollars,  and  be 
imprisoned  not  exceeding  twelve  months. 

Sec.  12.  And  be  it  further  enacted,  That  no  purchase,  grant,  lease, 
or  other  conveyance  of  lands,  or  of  any  title  or  claim  thereto,  from  any 
Indian,  or  nation,  or  tribe  of  Indians,  within  the  bounds  of  the  United 
States,  shall  be  of  any  validity,  in  law  or  equity,  unless  the  same  be  made 
by  treaty  or  convention,  entered  into  pursuant  to  the  constitution :  and 
it  shall  be  a  misdemeanor  in  any  person,  not  employed  under  the  autho- 
rity of  the  United  States,  to  negotiate  such  treaty,  or  convention,  directly 
or  indirectly,  to  treat  with  any  such  Indian  nation,  or  tribe  of  Indians, 
for  the  title  or  purchase  of  any  lands  by  them  held  or  claimed,  punishable 
bj  fine  not  exceeding  one  thousand  dollars,  and  imprisonment  not  ex- 
ceeding twelve  months :  Provided  nevertheless,  that  it  shall  be  lawful  for 
the  agent  or  agents  of  any  state,  who  may  be  present  at  any  treaty  held 
with  Indians  under  the  authority  of  the  United  States,  in  the  presence, 
and  with  the  approbation  of  the  commissioner  or  commissioners  of  the 
United  States,  appointed  to  hold  the  same,  to  propose  to,  and  adjust  with 
the  Indians,  the  compensation  to  be  made,  for  their  claims  to  lands 
within  such  state,  which  shall  be  extinguished  by  the  treaty. 

Sec.  13.  And  be  it  further  entuted,  That  in  order  to  promote  civiliza- 
tion among  the  friendly  Indian  tribes,  and  to  secure  the  continuance  of 
their  friendship,  it  shall  be  lawful  for  the  President  of  the  United  States, 
to  cause  them  to  be  furnished  with  useful  domestic  animals,  and  imple- 
ments of  husbandry,  and  with  goods  or  money,  as  he  shall  judge  proper, 
and  to  appoint  such  persons,  from  time  to  time,  as  temporary  agents,  to 
reside  among  the  Indians,  as  he  shall  think  fit :  Provided,  that  the  whole 
amount  of  such  presents,  and  allowance  to  such  agents,  shall  not  exceed 
fifteen  thousand  dollars  per  annum. 

Sec.  14.  And  be  it  further  enacted.  That  if  any  Indian  or  Indians, 
belonging  to  any  tribe  in  amity  with  the  United  States,  shall  come  over 
or  cross  Uie  said  boundary  line,  into  any  state  or  territory  inhabited  by 
citizens  of  the  United  States,  and  there  take,  steal  or  destroy  any  horse, 
horses,  or  other  property,  belonging  to  any  citizen  or  inhabitant  of  the 
United  States,  or  of  either  of  the  territorial  districts  of  the  United  States, 
or  shall  commit  any  murder,  violence  or  outrage,  upon  any  such  citizen 
or  inhabitant,  it  shaU  be  the  duty  of  such  citizen  or  inhabitant,  his  repre- 
sentative, attorney,  or  a^nt,  to  make  application  to  the  superintendent, 
or  such  other  person  as  the  President  of  the  United  States  shall  authorize 
for  that  purpose ;  who,  upon  being  furnished  with  the  necessary  docu- 
ments and  proofs,  shall,  under  the  direction  or  instruction  of  the  Presi- 
dent of  the  United  States,  make  application  to  the  nation  or  tribe,  to 
which  such  Indian  or  Indians  shall  belong,  for  satisfaction ;  and  if  such 
nation  or  tribe  shall  neglect  or  refuse  to  make  satisfaction,  in  a  reason- 
able time,  not  exceeding  twelve  months,  then  it  shall  be  the  duty  of  such 
superintendent  or  other  person  authorized  as  aforesaid,  to  make  return 


Penaltiei. 


Agents  of  tho 
pubbc  not  to 
trtde. 


No  parchMei 
from  Inditns  bat 
under  treaties* 


Mitdemeanor 
to  attempt  pro- 
curing them  in 
any  other  man- 
ner. 

How  puniaha- 
ble. 

Exception  aa 
to  ftatea  making 
purchaiea  in  a 
certain  manner. 


President  an- 
thorised  to  use 
means  of  civil- 
ising the  In- 
dians. 


Means  limited. 


Means  of  re- 
dress prescribed 
for  transgres- 
sion of  Indians. 


144 


SEVENTH  CONGRESS.    Sbss.  L  Ch.  13.    1802. 


Party  injarad 
loMt  his  remedy 
if  he  seeks  pri- 
Tate  revenge  or 
redress. 

Bot  this  does 
not  exempt  the 
Indian  offending 
from  legal   ap- 

Srehension  in  U. 
Utes. 

How  property 
is  to  be  paid  for. 

What  courts 
haTo  Jarisdic- 
tion    in     these 


Persons  cross- 
ing the  line  and 
going  into  the 
Indian  countiy 
contrary  to  this 
act,  how  to  be 
dealt  with. 


of  his  doings  to  the  President  of  the  United  States,  and  forward  to  him 
all  the  documents  and  proofs  in  the  case,  that  such  further  steps  may  be 
taken,  as  shall  be  proper  to  obtain  satisfaction  for  the  injury :  and  in  the 
mean  time,  in  respect  to  the  property  so  taken,  stolen  or  destroyed,  the 
United  States  guarantee  to  the  party  injured,  an  eventual  indemnifica- 
tion :  Provided  always,  that  if  such  injured  party,  his  representative, 
attorney  or  agent,  shall,  in  any  way,  violate  any  of  the  provisions  of  this 
act,  by  seeking,  or  attempting  to  obtain  private  satisfaction  or  revenge, 
by  crossing  over  the  line,  on  any  of  the  Indian  lands,  he  shall  forfeit  all 
claim  upon  the  United  States,  for  such  indemnification :  And  provided 
also^  that  nothing  herein  contained  shall  prevent  the  lesal  apprehension 
or  arresting,  within  the  limits  of  any  state  or  district,  of  any  Indian  hav- 
ing so  offended :  And  provided  further,  that  it  shall  be  lawful  for  the 
President  of  the  United  States,  to  deduct  such  sum  or  sums,  as  shall  be 
paid  for  the  property  taken,  stolen  or  destroyed  by  any  such  Indian,  out 
of  the  annuid  stipend,  which  the  United  States  are  bound  to  pay  to  the 
tribe,  to  which  such  Indian  shall  belong. 

Sec.  15.  And  be  it  further  enacted,  That  the  superior  courts  in  each 
of  the  said  territorial  districts,  and  the  circuit  courts,  and  other  courts 
of  the  United  States  of  similar  jurisdiction  in  criminal  causes,  in  each 
district  of  the  United  States,  in  which  any  offender  asainst  this  act  shall 
be  apprehended,  or,  agreeably  to  the  provisions  of  this  act,  shall  be 
brought  for  trial,  shall  have,  and  are  hereby  invested  with  full  power  and 
authority  to  hear  and  determine  all  crimes,  offences  and  misdemeanors, 
ajprainst  this  act ;  such  courts  proceeding  therein  in  the  same  manner,  as 
if  such  crimes,  offences  and  misdemeanors  had  been  committed  within  the 
bounds  of  their  respective  districts;  and  in  all  cases  where  the  punishment 
shall  not  be  death,  the  county  courts  of  quarter  sessions  in  the  said  territo- 
rial districts,  and  the  district  courts  of  the  United  States  in  their  respective 
districts,  shall  have,  and  are  hereby  invested  with  like  power  to  hear  and 
determine  the  same,  any  law  to  the  contrary  notwithstanding :  and  in 
all  cases,  where  the  punishment  shall  be  death,  it  shall  be  lawful  for  the 
governor  of  either  of  the  territorial  districts  where  the  offender  shall  be 
apprehended,  or  into  which  he  shall  be  brought  for  trial,  to  issue  a  com- 
mission of  oyer  and  terminer  to  the  superior  judges  of  such  district,  who 
shall  have  full  power  and  authority  to  hear  and  determine  all  such  capital 
cases,  in  the  same  manner  as  the  superior  courts  of  such  districts  have 
in  their  ordinary  sessions ;  and  when  the  offender  shall  be  apprehended, 
or  brought  for  trial  into  any  of  the  United  States,  except  Kentucky  or 
Tennessee,  it  shall  be  lawful  for  the  President  of  the  United  States,  to 
issue  a  like  commission  to  any  one  or  more  judges  of  the  supreme  court 
of  the  United  States,  and  the  judge  of  the  district  in  which  such  offender 
may  have  been  apprehended  or  shall  have  been  brought  for  trial ;  which 
judges,  or  any  two  of  them,  shall  have  the  same  jurisdiction  in  such 
capital  cases,  as  the  circuit  court  of  such  district,  and  shall  proceed  to 
trial  and  judgment,  in  the  same  manner  as  such  circuit  court  mieht  or 
could  do.  And  the  district  courts  of  Kentucky,  Tennessee  and  Maine 
shall  have  jurisdiction  of  all  crimes,  offences  and  misdemeanors  commit- 
ted against  this  act,  and  shall  proceed  to  trial  and  judgment  in  the  same 
manner,  as  the  circuit  courts  of  the  United  States. 

Sec.  16.  And  be  it  further  enacted,  That  it  shall  be  lawful  for  the 
military  force  of  the  United  States  to  apprehend  every  person  who  shaU, 
or  may  be  found  in  the  Indian  country  over  and  beyond  the  said  boun- 
dary line  between  the  United  States  and  the  said  Indian  tribes,  in  violsr 
tion  of  any  of  the  provisions  or  regulations  of  this  act,  and  him  or  them 
immediately  to  convey,  in  the  nearest,  convenient  and  safe  route,  to  the 
civil  authority  of  the  United  States,  in  some  one  of  the  three  next  ad- 
joining states  or  districts,  to  be  proceeded  against  in  due  course  of  law: 
Provided,  that  no  person,  apprehended  by  military  force  as  aforesaid. 


SEVENTH  CONGRESS.    Sess.  I.  Ch.  13.     1802. 


145 


shall  be  detained  longer  than  five  days  afler  the  arrest,  and  before  remo- 
TaL  And  all  officers  and  soldiers  who  may  have  any  such  person  or 
persons  in  custody,  shall  treat  them  with  all  the  humanity  which  the 
circamstances  will  possibly  permit ;  and  every  officer  and  soldier  who 
shall  be  guilty  of  maltreating  any  such  person,  while  in  custody,  shall 
sufier  such  punishment  as  a  court  martial  shall  direct :  Provided,  that 
the  officer  having  custody  of  such  person  or  persons  shall,  if  required  by 
sach  person  or  persons,  conduct  him  or  them  to  the  nearest  judse  of 
the  supreme  or  superior  court  of  any  state,  who,  if  the  offence  is  bailable, 
shall  take  proper  bail  if  offisred,  returnable  to  the  district  court  next  to 
be  holden  in  said  district,  which  bail  the  said  judse  is  hereby  authorized 
to  take,  and  which  shall  be  liable  to  be  estreated  as  any  other  recosni- 
zance  for  bail  in  any  court  of  the  United  States ;  and  if  said  judge  shall 
refuse  to  act,  or  the  person  or  persons  fail  to  procure  satisfactory  bail, 
then  the  said  person  or  persons  are  to  be  proceeded  with  according  to 
the  directions  of  this  act 

Skc.  17.  And  he  it  further  enacted,  That  if  any  person,  who  shall 
be  charged  with  a  violation  of  any  of  the  provisions  or  regulations  of 
this  act,  shall  be  found  within  any  of  the  United  States,  or  either  of  the 
territorial  districts  of  the  United  States,  such  offender  may  be  there 
apprehended  and  brought  to  trial,  in  the  same  manner,  as  if  such  crime 
or  oflfence  had  been  committed  within  such  state  or  district ;  and  it  shall 
be  the  duty  of  the  military  force  of  the  United  States,  when  caDed  upon 
by  the  civil  magistrate,  or  any  proper  officer,  or  other  person  duly  autho- 
rized for  that  purpose  and  having  a  lawful  warrant,  to  aid  and  assist 
such  magistrate,  officer,  or  other  person  authorized,  as  aforesaid,  in 
arresting  sach  (lender,  and  him  committing  to  safe  custody,  for  trial 
according  to  law. 

Sec.  18.  And  be  it  further  enacted,  That  the  amount  of  fines,  and 
duration  of  imprisonment,  directed  by  this  act  as  a  punishment  for  the 
Ti<dation  of  any  of  the  provisions  thereof,  shall  be  ascertained  and  fixed, 
not  exceeding  the  limits  prescribed,  in  the  discretion  of  the  court,  before 
whom  the  trial  shall  be  had ;  and  that  all  fines  and  forfeitures,  which 
shall  accrue  under  this  act,  shall  be  one  half  to  the  use  of  the  informant, 
and  the  other  half  to  the  use  of  the  United  States ;  except  where  the 
prosecution  shall  be  first  instituted  on  behalf  of  the  United  States ;  in 
which  case  the  whole  shall  be  to  their  use. 

Sec.  19.  And  be  it  further  enacted.  That  nothing  in  this  act  shall  be 
construed  to  prevent  any  trade  or  intercourse  with  Indians  living  on 
lands  surrounded  by  settlements  of  the  citizens  of  the  United  States,  and 
being  within  the  ordinary  jurisdiction  of  any  of  the  individual  states ; 
or  the  unmolested  use  of  a  road  from  Washington  district  to  Mero  dis- 
trict, OT  to  prevent  the  citizens  of  Tennessee  from  keeping  in  repair  the 
said  road,  under  the  direction  or  orders  of  the  governor  of  said  state, 
and  of  the  navigation  of  the  Tennessee  river,  as  reserved  and  secured 
by  treaty ;  nor  shall  this  act  be  construed  to  prevent  any  person  or  per- 
sons travelling  from  Knoxville  to  Price's  settlement,  or  to  the  settlement 
on  Obed's  river,  (so  called,)  provided  they  shall  travel  in  the  trace  or 
path  which  is  usually  travelled,  and  provided  the  Indians  make  no  objec- 
tion ;  but  if  the  Indians  object,  the  President  of  the  United  States  is 
hereby  authorized  to  issue  a  proclamation,  prohibiting  all  travelling  on 
said  traces,  or  either  of  them,  as  the  case  may  be,  after  which,  the 
penalties  of  this  act  shall  be  incurred  by  every  person  travelling  or  being 
found  on  said  traces,  or  either  of  them,  to  which  the  prohibition  may 
apply,  within  the  Indian  boundary,  without  a  passport 

Sec.  20.  Andbe  it  further  enacted.  That  the  President  of  the  United 
States  be,  and  he  is  hereby  authorized  to  cause  to  be  clearly  ascertained 
and  distinctly  marked,  in  all  such  places  as  he  shall  deem  necessary,  and 
in  such  manner  as  he  shall  direct,  any  other  boundary  lines  between  the 

Vol.  n.— 19  N 


Military  not  to 
nra  violence. 


Yiolaton  of 
this  law,  if  found 
within  the  U.  S. 
how  puniahable. 


Howpenaltiei 
are  to  be  fixed. 


To  whoae  ben- 
efit. 


Trade  and  in- 
terooune  with 
Indian!  under 
circnmttancet 
described  not 
forbidden  by 
thie  act. 


Pretident  to 
cause  bounda- 
ries to  be  as- 
certained and 
marked. 


146  SEVENTH  CONGRESS.    Sess.  I.  Cii.  13.     1S02. 

United  States  and  any  Indian  tribe,  which  now  ore,  or  hereafter  may  be 
established  by  treaty. 

He  may  take  Sec.  21.  And  he  it  further  enacted,  That  the  President  of  the  United 

^n?the*«Se  of  States  be  authorized  to  take  such  measures,  from  time  to  time,  as  to 

spirituous  li.  him  may  appear  expedient  to  prevent  or  restrain  the  vending  or  distri- 

quors  to  the  buting  of  spirituous  liquors  among  all  or  any  of  the  said  Indian  tribes, 

Indians.  ^^^  thing  herein  contained  to  the  contrary  thereof  notwithstanding. 

This  act  to  be  Sec.  22.  And  ht  it  further  enacted.  That  this  act  shall  be  in  force 

in  force  from  its  from  the  passage  thereof;  and  so  far  as  respects  the  proceedings  under 

'proceedings  ^^^^  ^^^>  ^^  ^^  ^  ^^  understood,  that  the  act,  intituled  '*  An  act  to  amend 

under  not  to  be  an  act,  intituled  An  act  giving  effect  to  the  laws  of  the  United  States 

affected  by  act  within  the  district  of  Tennessee,"  is  not  to  operate.(a) 

of  Feb.  19, 1799,  APPROVED,  March  30,  1802.                       H-        W 

(a)  The  decisions  of  the  courts  of  the  United  States,  on  the  ettbiect  of  the  Indians,  have  been : 

It  was  doubted  whether  a  state  can  be  seised  in  fee  of  lands  subject  to  the  Indian  title,  and  whether 
a  decision  that  they  were  aeised  in  fee,  might  not  be  construed  to  amount  to  a  decision  that  their  grantee 
might  maintain  an  ejectment  for  them,  notwithstanding  that  title.  The  majority  of  the  court  is  of  opinion 
that  the  nature  of  the  Indian  title,  which  is  certainly  to  be  respected  by  aU  courts  until  it  be  legitimately 
extinguished,  is  not  such  as  to  be  absolutely  repugnant  to  a  seisin  in  fee  on  the  part  of  the  state.  Fletcher 
V.  Peck,  6  Cranch,  87 ;  2  Cond.  Rep.  308. 

Tlie  acts  of  assembly  of  North  Carolina,  passed  between  the  years  1783  and  1789,  avoid  all  entries, 
surveys,  and  grants  of  land  set  apart  for  tne  Cherokee  Indians,  and  no  title  can  be  acquired  to  those 
lands.    Danforth's  Lessee  v.  Thomas,  1  Wheat.  155 ;  3  Cond.  Rep.  524. 

The  boundaries  of  the  reservation  made  by  the  laws  of  North  Carolina,  have  been  altered  by  treaties 
with  the  Indians ;  but  it  seems  that  the  mere  extinguishment  of  their  title  does  not  subject  the  land  to 
entry,  unless  expressly  authorized  by  the  legislature.    Ibid, 

The  condition  of  the  Indians,  in  relation  to  the  United  States,  is  perhaps  unlike  that  of  any  other  two 
people  in  existence.  In  general,  nations  not  owins  a  common  allegiance,  are  foreign  to  each  other. 
The  term  foreign  nation,  is  with  strict  propriety  applicable  by  either  to  the  other.  But  the  relation  of  the 
Indians  to  the  United  States,  is  marked  by  peculiar  and  cardinal  distinctions,  which  exist  no  where  else* 
The  Cherokee  Nation  v.  The  State  of  Georgia,  5  Peters,  1. 

The  Indians  are  acknowledged  to  have  an  unquestionable,  and  heretofore  an  unquestioned  right  to  the 
lands  they  occupy,  until  that  right  shall  be  extinguished  by  a  voluntary  cession  to  the  government.  It 
ma^  well  be  doubted,  whether  those  tribes  which  reside  within  the  acknowledged  boundaries  of  the 
United  States,  can  with  strict  accuracy  be  denominated  foreign  nations.  They  mav  more  correctly,  per- 
haps,  be  denominated  domestic  dependent  nations.  They  occupy  a  territorv  to  which  we  assert  a  title, 
inocpendent  of  their  will,  which  must  take  effect  in  point  of  possession,  wnen  their  right  of  possession 
ceases ;  meanwhile  they  are  in  a  state  of  pupilage.  Their  relations  to  the  United  States  resemble  that 
of  a  ward  to  his  guardian.  They  look  to  our  government  for  protection ;  rely  upon  its  kindness  and  its 
power ;  appeal  to  it  for  relief  to  their  wants ;  and  address  the  President  as  their  great  father.    Ibid. 

The  treaties  and  laws  of  the  United  States,  contemplate  the  Indian  territory  as  completely  separated 
from  that  of  the  states ;  and  provide  that  all  intercourse  with  them  shall  be  carried  on  exclusively  by  the 
government  of  the  Union.    Worcester  v.  The  State  of  Georgia,  6  Peters,  515. 

The  Indian  nations  had  always  been  considered  as  distinct,  independent  political  communities,  retain- 
ing tiieir  original  natural  rights,  as  the  undisputed  possessors  of  the  soil,  from  time  immemorial ;  with  the 
single  exception  of  that  imposed  by  irresistible  power,  which  excluded  them  from  intercourse  with  any 
other  European  potentate,  than  the  first  discoverer  of  the  coast  of  the  particular  region  claimed :  and 
this  was  a  restriction  which  those  European  potentates  imposed  on  themselves,  as  well  as  on  the  Indians. 
The  very  term  <*  nation,'*  so  generally  applied  to  them,  means  «  a  people  distinct  from  others."  The 
constitution,  by  declaring  treaties  already  made,  as  well  as  those  to  be  made,  to  be  the  supreme  law  of 
the  land,  has  adopted  and  sanctioned  the  previous  treaties  with  the  Indian  nations,  and,  consequently, 
admits  their  rank  among  those  powers  who  are  capable  of  making  treaties.  The  words  "  treaty*'  and 
'*  nation"  are  words  or  our  own^^nguage,  selected  in  our  diplomatic  and  legislative  proceedings,  by 
ourselves ;  having  each  a  definite  and  well  understood  meaning.  We  have  applied  them  to  Indians, 
as  we  have  applied  them  to  other  nations  of  the  earth.  They  are  applied  to  all  in  the  same  sense. 
Ibid, 

One  uniform  rule  seems  to  have  prevailed  in  the  British  provinces  in  America,  bv  which  Indian  lands 
were  held  and  sold,  from  their  first  settlement,  as  appears  by  their  laws ;  that  friendly  Indians  were  pro- 
tected  in  the  possession  of  the  lands  they  occupied,  and  were  considered  as  owning  them  by  a  perpetual 
right  of  possession  in  the  tribe  or  nation  inhabiting  them,  as  their  common  property,  from  generation  to 
generation,  not  as  the  right  of  the  individuals  located  on  particular  spots.  Subject  to  this  right  of  pos- 
session, the  ultimate  fee  was  in  the  crown,  and  its  grantees ;  which  could  be  granted  by  the  crown  or 
colonial  legislatures,  while  the  lands  remained  in  possession  of  the  Indians;  though  possession  could  not 
be  taken  without  their  consent    Mitchell  e.  United  Sutes,  9  Peters,  711. 

Individuals  could  not  purchase  Indian  lands  without  p«rmission  or  license  from  the  crown,  colonial 
governors,  or  according  to  the  rules  prescribed  by  colonial  laws ;  but  such  purchases  were  valid  with 
such  license,  or  in  conformity  with  the  local  laws :  and  by  this  union  of  the  perpetual  right  of  occupancy 
with  the  ultimate  fee,  which  passed  from  the  crown  by  the  license,  the  title  of  the  purchaser  became 
complete.    Ibid. 

Indian  possession  or  occupation  was  considered  with  reference  to  their  habits  and  modes  of  life :  their 
hunting  grounds  were  as  much  in  their  actual  possession,  as  the  cleared  fields  of  the  whites;  and  their 
rights  to  its  exclusive  enjoyment  in  their  own  way,  and  for  their  own  purposes,  were  as  much  respected, 
until  they  abandoned  them,  made  a  cession  to  the  government,  or  an  autnorized  sale  to  individnus.    la 


SEVENTH  CONGRESS.    Sess.  I.  Cm.  15.     1802.  147 


Statute  I. 
Cbap.  XY^^n  Act  making  a  partial  appropriation  for  the  support  cf  govern^      April  2,  1802. 
mentf  during  the  year  one  thousand  eight  hundred  and  two,  

Se  it  enacted  hy  the  Senate  and  House  of  R^resentatives  of  the  ^  ^^  Nation. 
United  States  of  America  in  Congress  assembled,  That  the  sum  of  one  PP'°P"* 
hundred  thousand  dollars,  to  be  paid  out  of  any  monies  in  the  treasury, 
not  otherwise  appropriated,  shall  be,  and  the  same  hereby  is  appropriated 
towards  defraying  the  expenditure  of  the  civil  list,  including  the  contin- 
gent expenses  of  the  several  departments,  during  the  year  one  thousand 
eight  hundred  and  two. 

Approved^  April  2,  1802. 

either  case  their  rights  became  extinct,  the  lands  could  be  granted  disencumbered  of  the  right  of  occupancy, 
or  enjoyed  in  full  dominion  by  the  purchasers  from  the  Indians.  Such  was  the  tenure  of  Indian  lands  by 
the  laws  of  Massachusetts,  Connecticut,  Rhode  Island,  New  Hampshire,  New  York,  New  Jersey,  Penn- 
■ylrama,  Maryland,  Virginia,  North  Carolina,  South  Carolina  and  Georgia.    Ibid, 

Grants  made  by  the  Indians  at  public  councils,  since  the  treaty  at  Fort  Stanwick*s,  have  been  made 
directly  to  the  purchasers,  or  to  the  state  in  which  the  land  lies,  in  trust  for  them,  or  with  directions  to 
con-vey  to  them ;  of  which  there  are  many  instances  of  large  tracts  so  sold  and  held ;  especially  in  New 
York.    Ibid. 

It  was  an  nniversal  rule,  that  purchases  made  at  Indian  treaties,  in  the  presence,  and  with  the  appro- 
bation of  the  officer  under  whose  direction  they  were  held  by  the  authority  of  the  crown,  gave  a  valid 
title  to  the  lands ;  it  prevailed  under  the  laws  of  the  states  afler  the  revolution,  and  yet  continues  in 
tboee  where  the  right  to  the  ultimate  fee  is  owned  by  the  states,  or  their  grantees.  It  has  been  adopted 
by  the  United  States,  and  purchases  made  at  treaties  held  by  their  authority,  have  been  always  held  good 
by  the  ratification  of  the  treaty,  without  any  patent  to  the  purchasers  from  the  United  States.  This  rule 
in  the  colonies  was  founded  on  a  settled  rule  of  the  law  of  England,  that  by  his  prerogative,  the  king 
was  the  universal  occupant  of  all  vacant  lands  in  his  dominions,  and  had  the  right  to  grant  them  at  his 
pleasure,  or  by  his  authorized  officers.    Ibid. 

When  the  United  States  acquired  and  took  possession  of  the  Floridas,  the  treaties  which  had  been 
made  with  the  Indian  tribes,  before  the  acquisition  of  the  territory  by  Spain  and  Great  Britain,  remained 
'  in  force  over  all  the  ceded  territory,  as  the  laws  which  regulated  the  relations  with  all  the  Indians  who 
were  parties  to  them,  and  were  binding  on  the  United  States,  by  the  obligation  they  had  assumed  by  the 
Loaisiana  treaty,  as  a  supreme  law  of  the  land,  which  was  inviolable  by  the  power  of  Congress.  They 
were  also  binding  as  the  fundamental  law  of  Indian  rights ;  acknowledged  by  royal  orders,  and  municipal 
r^ulations  of  the  province,  as  the  laws  and  ordinances  of  Spain  in  the  ceded  provinces,  which  were  de- 
clared to  continue  in  force  by  the  proclamation  of  the  governor  in  taking  possession  of  the  provinces ; 
and  by  the  acts  of  Congress,  which  assured  all  the  inhabitants  of  protection  in  their  property.  It  would 
be  an  unwarranted  construction  of  these  treaties,  laws,  ordinances  and  municipal  regulations,  to  decide 
that  the  Indians  were  not  to  be  maintained  in  the  enjoyment  of  all  the  rights  which  they  could  have 
enjoyed  under  either,  had  th^  provinces  remained  under  the  dominion  of  Spain.  It  would  be  rather  a 
perversion  of  their  spirit,  meaning  and  terms,  contrary  to  the  injunction  of  the  law  under  which  the 
court  acts,  which  males  Uie  stipulations  of  any  treaty,  the  laws  ana  ordinances  of  Spain,  and  these  acts 
of  Congress,  so  fiur  as  either  apply  to  this  case,  the  standard  rules  for  its  decision,    ibid. 

The  treaties  with  Spain  and  England,  before  the  acquisition  of  Florida  by  the  United  States,  which 
guarantied  to  the  Seminole  Indians  their  lands  according  to  the  right  of  property  with  which  they  pos- 
\  them,  were  adopted  by  the  United  States ;  who  thus  became  the  protectors  of  all  the  rights  they 


had  previously  enjoye^  or  could  of  right  enjoy  under  Great  Britain  or  Spain,  as  individuals  or  nations, 
by  any  treaty,  to  which  the  United  States  thus  became  parties  in  1803.    Ibid. 

The  Indian  right  to  the  lands  as  property,  was  not  merely  of  possession,  that  of  alienation  was  con- 
comitant ;  both  were  equally  secured,  protected  and  guarantied  by  Great  Britain  and  Spain,  subject  only 
to  ratification  and  confirmation  by  the  license,  charter  or  deed  from  the  governor  representing  the  king. 
8nch  purchases  enabled  the  Indians  to  pay  their  debts,  compensate  for  their  depredations  on  the  traders 
resideat  among  them  to  provide  for  their  wants ;  while  they  were  available  to  the  purchasers  as  payment 
of  the  considerations  which  at  their  expense  had  been  received  by  the  Indians.  It  would  have  been  a 
▼iolation  of  die  fiiith  of  the  government  to  both,  to  encourage  traders  to  settle  in  the  province,  to  put 
themselves  and  proper^r  in  the  power  of  the  Indians,  to  suffer  the  latter  to  contract  debts,  and  when 
willing  to  pay  them  by  the  only  means  in  their  power,  a  cession  of  their  lands,  withhold  an  assent  to  the 
parchaae,  which  by  their  laws  or  municipal  regulations,  was  necessary  to  vest  a  title.  Such  a  course 
was  never  adopted  by  Great  Britain,  in  any  of  her  colonies,  nor  by  Spain  in  Louisiana  or  Florida.    Ibid. 

The  laws  made  it  necessary,  when  the  Indians  sold  their  lands,  to  have  the  deeds  presented  to  the 

Svemor  for  confirmation.  The  sales  by  the  Indians  transferred  the  kind  of  right  which  they  possessed ; 
9  ratification  of  the  sale  by  the  governor,  must  be  regarded  as  a  relinquishment  of  the  title  or  the  crown 
to  the  purchaser ;  and  no  instance  is  known  where  permission  to  sell  has  been  "  refused,  or  the  rejection 
of  an  Indian  sale."    Ibid. 

The  colonial  charters,  a  great  portion  of  the  individual  grants  by  the  proprietary  and  royal  govern - 
Bleats,  and  a  still  greater  portion  by  the  states  of  the  Union  afler  the  revolution,  were  made  for  lands 
within  the  Indian  hunting  grounds.  North  Carolina  and  Virginia  to  a  great  extent  paid  their  officers  and 
soldiers  of  the  revolutionary  war  by  such  grants,  and  extinguished  the  arrears  due  the  army  by  similar 
means.  It  was  one  of  the  great  resources  which  sustained  Uie  war,  not  only  by  those  states,  but  by  other 
■tates.  The  ultimate  fee,  encumbered  with  the  right  of  Indian  occupancy,  was  in  the  crown  previous  to 
the  revolution,  and  in  the  states  of  the  Union  afterwards,  and  subject  to  grant.  This  right  ofoccupancy 
was  protected  by  the  political  power,  and  respected  by  the  courts,  until  extinguished,  when  the  patentee 
took  the  anencumbered  fee.  So  the  supreme  court  and  the  state  courts  have  uniformly  held.  Clark  v. 
Smith.  13  Peters,  195. 


148 

Statuts  I. 
AprU  3, 1802. 

[ObMlete.] 
Specific  ap- 
propriation ror 
the  expenses  of 
establishing  tlie 
boundary  line 
between  the  U. 
States  and  Up. 
per  Canada. 


Statute  I. 
April  3, 1802. 

[Obsolete.] 
Specific   ap- 
propriation. 


Statute  I. 

April  6, 1802. 

[Obsolete.] 
Repeal  of  the 
acts  imposing 
duties  on  certain 
things  after  30th 
June,  1802. 


ProTisions  of 
these  acts  still 
to  be  in  force 
urith  respect  to 
the  recovery  of 
what  may  be 
due  under  them. 

The  office  of 
■uperintendent 
of  stamps  abol. 
ished,and  when. 

The  commis- 
sioncr  of  reve. 
nue  to  perform 
ccrUin  duties 
under  this  act 

Collectors  of 
the  internal  du- 
ties to  be  con- 
tinued till  their 
collections  are 
complete,  un- 
less sooner  dis- 
continued by 
the  President. 


SEVENTH  CONGRESS.    Sess.  I.  Ch.  16, 17, 19.     1802. 

CflAP.  X VI.— ntf fi  M  making  appropriniion  for  defraying  the  expenae  tf  a  negfh 
nation  with  the  Briiith  government^  to  aMcertain  the  boundary  Hne  hehoeen  the 
United  StaieM  and  Upper  Canada, 

Be  it  enacted  hp  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled.  That  a  sum  not  ex- 
ceeding ten  thousand  dollars  be,  and  the  same  is  hereby  appropriated, 
payable  out  of  any  money  in  the  treasury  not  otherwise  appropriated, 
to  defray  the  expense  which  shall  be  incurred  in  negotiating  with  the 
government  of  Great  Britain,  for  ascertaining  and  establishing  the  boun- 
dary line  between  the  United  States  and  the  British  province  of  Upper 
Canada ;  when  the  President  of  the  United  States  shall  deem  it  expe- 
dient to  commence  such  negotiation. 

Approved,  April  3,  1802. 


Chap.  XVII.— .in  Jet  making  an  appropriation  for  defraying  the  exptneee  which 
may  arise  from  carrying  into  effect  the  convention  made  between  the  United  States 
and  the  Drench  Republic* 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assemblea,  That  for  the  payment  of  such 
deman(»  as  may  be  justly  due  for  French  vessels  and  property  captured, 
and  which  must  be  restored  or  paid  for,  pursuant  to  the  convention 
between  the  United  States  and  the  French  republic,  there  be  appropri- 
ated a  sum  not  exceeding  three  hundred  and  eighteen  thousand  dollars, 
to  be  paid,  under  the  direction  of  the  President  of  the  United  States, 
out  of  any  public  money  in  the  treasury,  not  otherwise  appropriated. 

Approved,  April  3,  1802. 


Chap.  XfX. — Jn  Jet  to  repeal  the  Internal  Taxes. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled,  That  from  and  after 
the  thirtieth  day  of  June  next,  the  internal  duties  on  stills  and  domestic 
distilled  spirits,  on  refined  sugars,  licenses  to  retailers,  sales  at  auction, 
carriages  for  the  conveyance  of  persons,  and  stamped  vellum,  parchment 
and  paper,  shall  be  discontinued,  and  all  acts  and  parts  of  acts  relative 
thereto  shall,  from  and  afler  the  said  thirtieth  day  of  June  next,  be  re- 
pealed :  Provided,  that  for  the  recovery  and  receipt  of  such  duties  as 
shall  have  accrued,  and  on  the  day  aforesaid  remain  outstanding,  and 
for  the  payment  of  drawbacks  or  allowances  on  the  exportation  of  any 
of  the  said  spirits  or  sugars  legally  entitled  thereto,  and  for  the  recovery 
and  distribution  of  fines,  penalties,  and  forfeitures,  and  the  remission 
thereof,  which  shall  have  been  incurred  before  and  on  the  said  day,  the 
provisions  of  the  aforesaid  acts  shall  remain  in  full  force  and  virtue. 

Sec.  2.  And  be  it  further  enacted,  That  the  office  of  superintendent 
of  stamps  shall  cease  and  be  discontinued  from  and  afler  the  thirtieth 
day  of  April,  one  thousand  eight  hundred  and  two ;  after  which  day  the 
commissioner  of  the  revenue  shall  perform  all  the  duties  by  law  enjoined 
on  the  said  superintendent  of  stamps,  which  may  be  required  in  pursu- 
ance of  this  act;  that  the  office  of  collectors  of  the  internal  duties  shall 
continue  in  each  collection  district,  respectively,  until  the  collection  of 
the  duties  above  mentioned  shall  have  been  completed  in  such  district, 
and  no  longer,  unless  sooner  discontinued  by  the  President  of  the  United 
States,  who  shall  be  and  hereby  is  empowered,  whenever  the  collection 
of  the  said  duties  shall  have  been  so  far  completed  in  any  district  as  to 
render,  in  his  opinion,  that  measure  expedient,  to  discontinue  any  of  the 
said  collectors,  and  to  unite  into  one  collection  district  any  two  or  more 


SEVENTH  CONGRESS.    Sbss.  I.  Ch.  19.    18(». 


149 


coDection  districts,  lying  and  being  in  the  same  state :  that  the  office  of 
saperYisor  shall  continue  in  each  state  or  district,  respectiYely,  until  the 
collectian  of  the  duties  above  mentioned,  together  with  the  collection  of 
the  direct  tax,  shall  hsYe  been  completed  m  such  state  or  district,  and 
no  longer ;  unless  sooner  discontinued  by  the  President  of  the  United 
States,  who  shall  be  and  hereby  is  empowered,  whenever  the  collection 
of  the  said  duties  and  tax  shall  have  been  so  far  completed  in  any  state 
or  district,  as  in  his  opinion,  to  render  that  measure  expedient,  to  dis- 
continue any  of  the  said  c^ces ;  in  which  case  the  collectors  thereafter 
employed  in  the  collection  of  the  said  duties  and  tax  in  such  state  or 
district  shall  be  appointed  and  rerooveable  by  the  President  alone,  and 
shall  be  immediately  accountable  to  the  officers  of  the  treasury  depart- 
ment, under  such  regulations  as  may  be  established  by  the  Secretary  of 
the  Treasury :  that  for  the  promoting  of  the  collection  of  any  of  the 
above-mentioned  duties  or  tax  which  may  be  outstanding  after  the  said 
thirtieth  day  of  June  next,  the  President  of  the  United  States  shall  be, 
and  he  hereby  is  empowered  at  any  time  thereafter,  to  make  such  allow- 
ance as  he  may  think  proper,  in  addition  to  that  now  allowed  by  law  to 
any  of  the  collectors  of  the  said  duties  and  tax,  and  the  same  from  time 
to  time  to  vary :  Provided,  that  such  additional  allowance  shall,  in  no  in- 
stance, exceed,  in  the  aggregate,  five  per  cent,  of  the  gross  amount  of 
the  duties  and  tax,  outstanding  on  that  day :  and  the  office  of  commis- 
sioner of  the  revenue  shall  cease  and  be  discontinued  whenever  the 
collection  of  the  duties  and  tax  above  mentioned  shall  be  completed, 
noleas  sooner  discontinued  by  the  President  of  the  United  States,  who 
shall  be,  and  hereby  is  empowered,  whenever  the  collection  of  the  said 
duties  and  tax  shall  have  been  so  far  completed  as,  in  his  opinion,  to 
render  that  measure  expedient,  to  discontinue  the  said  office,  in  which 
case  the  immediate  superintendence  of  the  collection  of  such  parts  of 
the  said  duties  and  taxes  as  may  then  remain  outstanding,  shall  be  placed 
in  such  officer  of  the  treasury  department  as  the  secretary,  for  the  time 
being,  may  designate :  Provided,  however,  that  all  bonds,  notes  or  other 
instruments  which  have  been  charged  with  the  payment  of  a  duty,  and 
which  shall,  at  any  time  prior  to  the  said  thirtieth  day  of  June,  have 
been  written  or  printed  upon  vellum,  parchment  or  paper,  not  stamped 
or  marked  according  to  law,  or  upon  vellum, parchment  or  paper  stamped 
or  marked  at  a  lower  rate  of  duty  than  is,  by  law,  required  for  such 
bond,  note  or  other  instrument,  may  be  presented  to  any  collector  of  the 
customs  within  the  state ;  and  where  there  is  no  such  collector,  to  the 
marshal  of  the  district,  whose  duty  it  shall  be,  upon  the  payment  of  the 
duty  with  which  such  instrument  was  chargeable,  together  with  the 
additional  sum  of  ten  dollars,  for  which  duty  and  additional  sum,  the 
said  collector  or  marshal  shaU  be  accountable  to  the  treasury  of  the 
United  States,  to  endorse  upon  some  part  of  such  instrument  his  receipt 
for  the  same ;  and  thereupon,  the  said  bond,  note  or  other  instrument 
shall  be,  to  all  intents  and  purposes,  as  valid  and  available  to  the  person 
holdinff  the  same  as  if  it  had  been  or  were  stamped,  counterstamped,  or 
marked  as  by  law  required ;  any  thing  in  any  act  to  the  contrary,  not- 
withstanding. 

Sbc.  3.  And  be  it  fitrther  enacted.  That  owners  of  stills,  whose 
licenses  to  distil  shall  not  have  expired  on  the  thirtieth  day  of  June  next, 
shaU,  at  their  option,  pay  either  the  whole  duty  which  would  have  ac- 
crued on  their  stills  on  account  of  such  licenses,  or  the  duty  which  would 
have  accrued  on  said  stills,  on  the  day  aforesaid,  if  they  had  taken  licenses 
ending  on  that  day ;  that  owners  of  snuff-mills,  whose  licenses  had  not 
expir^  on  the  first  day  of  June,  one  thousand  seven  hundred  and  ninety- 
six,  shall  be  allowed  a  deduction  from  the  duties  incurred  on  the  same, 
proportionate  to  the  time  thus  remiuning  unexpired  on  such  licenses : 
that  the   several  banks,  which  may  have  agreed  to  pay  the  annual 

n2 


Sopervifon  to 
continue  in  of- 
fice in  the  nma 
manner. 


Certain  col. 
lectors  may  be 
appointed  by  the 
President,  and 
made  remoToa- 
ble  at  his  plea- 
sure. 

They  are  to 
be  accoantable 
to  the  treasury 
department. 

President  may 
make  an  addi- 
tional allowance 
for  the  collec- 
tion of  outstand- 
ing duties. 

Allowance 
limited    to  five 
per  cent. 

Office  of  com- 
missioners of 
the  revenue  to 
be  discontinued 
and  when ;  it 
may  be  sooner 
discontinued  by 
the  President 

Provision  in 
case  of  its  dis- 
continuance. 

Stamped 
bonds,  &c.  not 
stamped  accord- 
ing to  law,  may 
be  rendered  va- 
lid, and  how. 


Owners  of 
■tills,  fcc.  to  pay 
according    to 
their  option,   in 
certain  cases. 

Owners  of 
snuff  mills. 


150 


SEVENTH  CONGRESS.    Sess.  I.  Ch.  20.     1802. 


Banks  to  pay 
one  per  cent, 
per  annum,  in 
lieu  of  stamp 
duties  until  30tn 
June,  1822. 

Retailers  of 
wines  and  spi- 
riU. 


Supervisor  of 
the  Northwest 
district  allowed 
an  annual  sala- 
ry, in  addition 
to  his  commis- 
sion for  clerk 
hire. 

Extra  allow- 
ances for  clerk 
hire  to  certain 
supervisors. 


Annual  entries 
of  stills  to  be  no 
longer  made. 

Certain  certifi- 
cates to  be  fur- 
nished by  col- 
lectors, desig- 
nated by  tlie 
Secretory  of  the 
Treasury. 

And  the  in- 
spectors to 
whom  deliver- 
ed, to  account 
to  them  for  all 
such. 

Allowance  to 
the  collectors 
for  preparing 
and  delivering 
cerificates. 

Stamped  pa- 
per on  hand, 
upon  which  a 
duty  has  been 
paid,  may  be 
pivcn  up,  and 
the  money  paid, 
refunded. 


composition  of  one  per  cent,  on  their  dividends,  in  lieu  of  the 
stamp  duty  on  the  notes  issued  by  them,  shall  pay  only  at  the  rate  of 
one  per  cent  per  annum,  on  such  dividends,  to  the  thirtieth  day  of  June 
next :  that  retailers  of  wines  and  spirits,  who  may  take  licenses  afler  the 
passing  of  this  act,  shall  pay  for  such  licenses  only  in  proportion  to  the 
time  which  may  intervene  between  the  obtaining  of  such  licenses  and 
the  thirtieth  day  of  June  next :  and  that  the  owners  of  carriages  for  the 
conveyance  of  persons,  who  may  enter  the  same  after  the  passing  of  this 
act,  and  before  the  thirtieth  day  of  June  next,  shall  pay  the  duty  for  the 
same  only  to  the  said  thirtieth  day  of  June. 

Sec.  4.  And  be  it  further  enacted,  That  the  supervisor  of  the  North- 
west district  shall,  in  addition  to  the  same  commissions  on  the  product 
of  all  the  internal  duties  collected  in  his  district,  as  heretofore  have  been 
allowed  to  the  supervisor  of  Ohio,  be  allowed  an  annual  salary  of  five 
hundred  dollars,  and  at  the  rate  of  three  hundred  dollars  per  annum  for 
clerk  hire. 

Sec.  5.  And  be  it  further  enacted,  That  the  following  extra  allowances 
for  clerk  hire,  shall  be  made  for  one  year,  to  the  supervisors  of  the  fol- 
lowing districts,  as  a  full  compensation  for  the  additional  duties  arising 
from  the  settlement  of  accounts  of  certain  inspectors  of  the  internal 
revenues,  whose  offices  have  been  suppressed  by  the  President  of  the 
United  States,  that  is  to  say,  to  each  of  the  supervisors  of  Massachusetts, 
Pennsylvania,  Maryland,  North  Carolina  and  South  Carolina,  the  sum 
of  eight  hundred  dollars,  and  to  tlie  supervisor  of  Virginia,  the  sum  of 
five  hundred  dollars. 

Sec.  6.  And  be  it  further  enacted,  That  so  much  of  any  act,  as  directs 
an  annual  entry  of  stills  to  be  made,  be,  and  the  same  hereby  is  repealed. 

Sec.  7.  And  be  it  further  enacted.  That  the  certificates  accompanying 
foreign  distilled  spirits,  wines  and  teas,  which  are  now  furnished  by  the 
supervisors  to  the  inspectors  of  the  ports  shall,  from  and  after  the  afore- 
said thirtieth  day  of  June,  be  furnished  by  such  collectors  of  the  customs, 
as  may  be  designated  by  the  Secretary  of  the  Treasury.  And  it  shall  be 
the  duty  of  the  inspectors  to  account  with  such  collectors,  for  the  appli- 
cation of  such  certificates,  in  like  manner,  and  under  the  same  regula- 
tions, as  heretofore  they  have  accounted  with  the  supervisors. 

Sec.  8.  And  be  it  further  enacted.  That  for*  preparing  and  issuing  the 
certificates,  the  collectors  performing  that  duty  shall  be  entitled  to,  and 
receive  the  same  compensation  as  heretofore  has  been  allowed  to  the 
supervisors,  respectively. 

Sec.  9.  And  be  it  farther  enacted.  That  all  persons  who  shall,  on  or 
after  the  thirtieth  day  of  June  next,  have  any  blank  vellum,  parchment 
or  paper,  which  has  been  stamped  by  the  superintendent  of  stamps  and 
counterstamped  by  the  commissioner  of  the  revenue,  and  on  which  a 
duty  has  been  paid  to  the  use  of  government,  shall  be  entitled  to  re- 
ceive from  such  collector  or  collectors  of  the  customs,  or  other  revenue 
officer  in  the  respective  states  or  districts  as  may  be  designated  for  that 
purpose  by  the  Secretary  of  the  Treasury,  the  value  of  the  said  stamps, 
after  deducting,  in  all  cases,  seven  and  an  half  per  cent.,  and  the  said 
officers  are  hereby  authorized  to  pay  the  same :  Provided,  the  said  blank 
vellum,  parchment  or  paper,  be  presented  within  four  months  afler  the 
thirtieth  day  of  June  next. 

Approved,  April  6,  1802. 


Statute  I. 
April  6, 1802. 

Land  on  which 
lighthouse  on 
(lurnet    Point 
stood,  to  be  pur. 
chased. 


Chap.  XX. — An  Act  authorizing  the  erection  of  certain  Lighthouses ; 

other  purposes. 


and  for 


Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  under  the  direction  of 
the  Secretary  of  the  Treasury,  there  shall  be  purchased,  for  the  use  of 


SEVENTH  CONGRESS.    Sess.  I.  Ch.  20.    1802. 


151 


the  United  States,  the  land  whereon  lately  stood  the  lighthouse  on  Gurnet 
Point,  and  so  much  land  adjoining  thereto,  as  may  be  sufficient  for  vaults 
and  any  other  purpose  necessary  for  the  better  support  of  the  said  light- 
house. 

Sec.  2.  And  be  it  further  enacted.  That  the  Secretary  of  the  Trea- 
sury shall  be,  and  he  is  hereby  authorized,  at  his  discretion,  to  procure 
a  new  lantern  or  lanterns,  with  suitable  distinctions,  and  to  cause  con- 
venient vaults  to  be  erected;  and  the  said  lighthouse,  on  the  Gurnet,  at 
the  entrance  on  Plymouth  harbor,  to  be  rebuilt 

Sec.  3.  And  he  it  further  enacted.  That  the  Secretary  of  the  Trea- 
sury shall  be,  and  he  is  hereby  authorized  to  cause  to  be  rebuilt,  of  such 
height  as  he  may  deem  expedient,  the  lighthouse  now  situated  on  the 
eastern  end  of  New  Castle  Island,  at  the  entrance  of  Piscataqua  river, 
either  on  the  land  owned  by  the  United  States,  or  on  Pollock  Rock : 
Provided,  that  if  built  on  Pollock  Rock,  the  legislature  of  New  Hamp- 
shire shall  vest  the  property  of  the  said  rock  in  the  United  States,  and 
cede  the  jurisdiction  of  the  same. 

Sec.  4.  And  he  it  further  enacted^Thni  the  Secretary  of  the  Treasury 
shall  be,  and  he  is  hereby  authorized  and  directed  to  cause  a  sufficient 
lighthouse  to  be  erected  on  Lynde's  Point,  at  the  mouth  of  Connecticut 
river,  in  the  state  of  Connecticut,  and  to  appoint  a  keeper,  and  other- 
wise provide  for  such  lighthouse,  at  the  expense  of  the  United  States : 
Provided,  that  sufficient  land  for  the  accommodation  of  such  lighthouse 
can  be  purchased  at  a  reasonable  price,  and  the  legislature  of  the  state 
of  Connecticut  shall  cede  the  jurisdiction  over  the  same  to  the  United 
States. 

Sec.  5.  And  he  it  further  enor^e^.  That  the  Secretary  of  the  Treasury 
be  directed  to  cause  proper  lighthouses  to  be  built,  and  buoys  to  be 
placed,  in  the  situations  necessary  for  the  navigation  of  the  Sound  be- 
tween Long  Island  and  the  main ;  and  be,  to  that  effect,  authorized  to 
cause,  by  proper  and  intelligent  persons,  a  survey  to  be  taken  of  the 
said  Sound,  as  far  as  may  be  requisite;  and  to  appoint  keepers  and  other- 
wise provide  for  such  lighthouses,  at  the  expense  of  the  United  States : 
Provided,  that  sufficient  land  for  the  accommodation  of  the  respective 
lighthouses  can  be  purchased  at  a  reasonable  price ;  and  that  the  legis- 
latures of  Rhode  Island,  Connecticut,  and  New  York,  shall,  respectively, 
cede  the  jurisdiction  over  the  same  to  the  United  States. 

Sec.  6.  And  he  it  further  enacted.  That  the  Secretary  of  the  Treasury 
shall  be,  and  he  is  hereby  authorized  and  directed  to  cause  a  sufficient 
lighthouse  to  be  erected  on  the  south  point  of  Cumberland  Island,  at 
the  entrance  of  St.  Mary's  river  within  the  state  of  Georgia;  and  that, 
under  the  direction  of  the  said  secretary,  there  shall  be  purchased,  if 
the  same  cannot  otherwise  be  obtained,  sufficient  land  for  the  erection 
of  the  said  lighthouse,  and  accommodations  for  the  better  support  there- 
of: Provided,  that  the  legislature  of  Georgia  shall  cede  the  jurisdiction 
over  the  same  to  the  United  States. 

Sec.  7.  And  he  it  further  enacted.  That  there  shaU  be,  and  hereby 
are  appropriated,  for  the  reimbursement  of  the  merchants  of  Plymouth 
and  Duxbury,  for  monies  expended  by  them  in  erecting  a  temporary 
light  on  the  Gurnet,  a  sum  not  exceeding  two  hundred  and  seventy  dol- 
lars; for  the  rebuilding  the  lighthouse  on  the  said  Gurnet,  a  sum  not 
exceeding  two  thousand  five  hundred  dollars;  for  the  rebuilding  of  the 
lighthouse  on  the  eastern  end  of  New  Castle  Island  a  sum  not  exceeding 
four  thousand  dollars;  and  for  the  erection  of  the  said  lighthouse  on 
said  Lynde's  Point,  a  sum  not  exceeding  two  thousand  live  hundred  dol- 
lars ;  for  the  erection  of  the  lighthouse  on  Cumberland  south  point,  a 
sum  not  exceeding  four  thousand  dollars ;  and  for  taking  the  survey, 
and  for  erecting  lighthouses  and  placing  buoys  in  the  Sounds  a  sum  not 


Secretary    of 
the  Treasury  au. 
thorized  to  pro- 
cure   one  or 
more  lanterns. 

Lighthouse  on 
theGurnettobe 
rebuilt 

Secretary  of 
the  Treasury 
authorized  to 
cause  a  light* 
house  to  be 
rebuilt. 

On  what  con. 
dition. 

A  lighthouse 
to  be  erected  on 
Lynde*B  Point. 

To  appoint  a 
keeper. 

On  what  con- 
dition to  be  re- 
built. 


Lighthouses  to 
be  built  between 
Long  Island  and 
the  main. 


Keepers  to  be 
appointed. 

On  what  con- 
ditions to  be 
built. 


A  lighthouse 
to  be  built  at  the 
entrance  of  St. 
Mary*s  river. 


Appropriations 
to   reimburse 
certain    mer- 
chants. 


162 


SEVENTH  CONGRESS.    Sess.  I.  Ch.  31, 22, 23. 25.    1802. 


Snm   appro- 

i mated  for  pab- 
ie  piera  in  the 
river  Delaware. 


Oo  what  con- 
dttiona. 


Statutx  I. 
April  6, 1802. 


exceeding  eight  thousand  dollars,  to  be  paid  oat  of  any  monies  which 
may  be  in  the  treasury,  not  otherwise  appropriated. 

Sec.  8.  And  he  it  Jurther  enacted,  That  it  shall  be  lawful  for  the 
Secretary  of  the  Treasury,  under  the  direction  of  the  President  of  the 
United  States,  to  cause  to  be  expended,  in  repairing  and  erecting  public 
piers,  in  the  riYer  Delaware,  a  sum  not  exceeding  thirty  thousand  dollars; 
and  that  the  same  be  paid  out  of  any  monies  in  the  treasury,  not  other- 
wise appropriated :  Provided,  that  the  jurisdiction  of  the  site  where  any 
such  piers  may  be  erected,  shall  be  first  ceded  to  the  United  States, 
according  to  the  conditions  in  such  case  by  law  provided. 

Approved,  April  6,  1802. 


[Obsolete.] 
Cbmpenwtion 
for    taking    the 
eenttii  to  be  ap- 
portioned. 


Chap.  XXL— stfn  Jid  for  the  reUrf  cf  the  MonhaU  ef  certain  dtMiriete  therein 

menOaned, 


Be  it  enojcted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  Secretary  of  the  Trea- 
sury be,  and  he  hereby  is  authorized  and  directed  to  apportion  to  the 
several  marshals  of  the  districts  of  Virginia,  Maryland,  and  Pennsylvania, 
1800,  eh.  IS.  respectively,  who  have  been  employed  or  concerned  in  taking  the  late 
census,  the  compensation  allowed  by  the  <<Act  providing  for  the  second 
census  or  enumeration  of  the  inhabitants  of  the  United  States,"  accord- 
ing to  the  service  each  may  have  performed. 

Approved,  April  6,  1802. 


Statdtb  I. 


AprU  14, 1802.        Cbap.  XXII.-^fi  Jet  to  authorize  on  advance  tf  money  to  Samuel  Dexter. 


[ObM>lete.] 
Specific    ap- 
propriation. 


Be  it  enacted  by  the  Senate  and  House  of  Rm-esentaHves  of  the  United 
States  of  America  in  Congress  assembled.  That  the  Secretary  of  the 
Treasury  be,  and  he  is  hereby  authorized  and  directed  to  advance  out 
of  any  money  in  the  treasury,  not  otherwise  appropriated,  the  sum  of 
five  hundred  dollars  to  Samuel  Dexter,  for  the  purpose  of  assisting  him 
in  defraying  the  expenses  of  the  suit  of  Joseph  Hodgson  against  him  in 
the  circuit  court  of  the  district  of  Columbia,  he,  the  said  Dexter,  to  be 
accountable  for  the  same. 

Approved,  April  14, 1802. 


Statvtb  I. 
April  14, 180a. 


Act    relative 
to  the  improTe- 
mentoftheAp- 
pomatox,  as- 
■ented  to. 


Statotx  I. 


Chap.  XXIII.— n^fn  Jet  deelaringthe  aaeent  cf  Congreee  to  an  act  cf  the  General 
Jaeembly  of  l^irginia  therein  mentioned. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assemblea.  That  the  assent  of  Congress 
b  hereby  given  and  declared  to  an  act  of  the  general  assembly  of  Vir- 
ginia, intituled  <'  An  act  to  amend  and  reduce  into  one,  the  several  acts 
of  assembly  for  improving  the  navigation  of  Appomatox  river,  firom 
Broadway  to  Pocahontas  bridge." 

Approved,  April  14,  1802. 


AprU  14, 1802.  Ch AP.  XXV. — ^fi  Act  to  retfive^  and  continue  inforee^  an  ad,  intituled  ^Jn  ad  to 
augment  the  udariee  cf  the  qffiten  therein  mentioned;*^  pamd  the  eeeond  day  tf 
March^  one  thoutand  seven  hundred  and  mndy-nine. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  an  act,  intituled  "An  act 
to  augment  the  salaries  of  the  officers  therein  mentioned,"  be,  and  the 
same  is  hereby  revived,  and  continued  in  force,  for  and  during  the  term 
of  two  years,  from  the  commencement  of  the  present  year. 

Approved,  April  14,  1802. 


[Obsolete.] 

Former  act  re- 
vived and  con* 
tinned. 

March  2, 1799, 
ch.  38. 

For  what  time. 


SEVENTH  CONGRESS.    Sess.  1.  Cii.  26, 28.     1802. 


153 


CnAT.XXyi.'—AnJieitoamend  an  acU  irdUuUd  ^^An  act  to  retain  a  further  sum 
on  drttwbacka,  for  the  erpenui  incident  to  the  aUowanee  and  payment  thereof, 
and  in  Ueu  tf  stamp  duties  on  debentures,** 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  the  second  section  of 
the  act,  intituled  "An  act  to  retain  a  further  sum  on  drawbacks,  for  the 
expenses  incident  to  the  allowance  and  payment  thereof,  and  in  lieu  of 
stamp  duties  on  debentures,"  shall  not  be  deemed  to  operate  upon  unre- 
gistered ships  or  vessels  owned  by  the  citizens  of  the  United  States,  at 
the  time  of  passing  the  said  act,  in  those  cases  where  such  ahip  or  vessel, 
at  that  time,  possessed  a  sea  letter,  or  other  regular  document  issued 
from  a  custom-house  of  the  United  States,  proving  such  ship  or  vessel 
to  be  American  property. 

Sec.  2.  And  be  it  further  enacted.  That  whenever  satisfactory  proof 
shall  be  made  to  the  Secretary  of  the  Treasury,  that  any  unregistered 
ship  or  vessel  was,  in  fact,  the  property,  in  whole,  of  a  citizen  or  citizens 
of  the  United  States,  on  the  thirteenth  day  of  May,  in  the  year  one  thou- 
sand eight  hundred,  that  the  Secretary  of  the  Treasury  be,  and  he  is 
hereby  authorized  and  directed  to  cause  to  be  issued  to  such  ship  or 
vessel,  a  certificate,  which  shall  entitle  such  unregistered  ship  or  vessel 
to  the  same  privileges  which  are  herein  before  granted  to  unregistered 
ships  or  vessels  owned  by  citizens  of  the  United  States,  and  carrying  a 
sea  letter,  or  other  regular  document  issued  from  a  custom-house  of  the 
United  States,  before  the  passing  of  the  said  act,  intituled  "An  act  to 
retain  a  further  sum  on  drawbacks,  for  the  expenses  incident  to  the 
allowance  and  payment  thereof,  and  in  lieu  of  stamp  duties  on  deben- 
tures." 

Approved,  April  14,  1802. 


CHA.P.  XXVIII. — An  Act  to  establish  an  uniform  rule  (f  Naturalization,  and  to 
rqteal  tks  acts  heretofore  passed  on  that  subjeet.^a) 

Se  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  any  alien,  being  a  free 
white  person,  may  be  admitted  to  become  a  citizen  of  the  United  States, 
or  any  of  them,  on  the  following  conditions,  and  not  otherwise : — 

THrst,  That  he  shall  have  declared,  on  oath  or  affirmation,  before  the 
supreme,  superior,  district  or  circuit  court  of  some  one  of  the  states,  or 
of  the  territorial  districts  of  the  United  States,  or  a  circuit  or  district 
court  of  the  United  States,  three  years  at  least,  before  his  admission, 
that  it  was,  bona  fide,  his  intention  to  become  a  citizen  of  the  United 
States,  and  to  renounce  for  ever  all  allegiance  and  fidelity  to  any  foreign 
prince,  potentate,  state  or  sovereignty  whatever,  and  particularly,  by 
name,  the  prince,  potentate,  state  or  sovereignty  whereof  such  alien  may, 
at  the  time,  be  a  citizen  or  subject. 

Secondly,  That  he  shall,  at  the  time  of  his  application  to  be  admitted, 
declare  on  oath  or  affirmation,  before  some  one  of  the  courts  aforesaid, 
that  he  will  support  the  constitution  of  the  United  States,  and  that  he 
doth  absolutely  and  entirely  renounce  and  abjure  all  allegiance  and 
fidelity  to  every  foreign  prince,  potentate,  state  or  sovereignty  whatever, 
and  particularly,  by  name,  the  prince,  potentate,  state,  or  sovereignty 
whereof  he  was  before  a  citizen  or  subject ;  which  proceedings  shall  be 
recorded  by  the  clerk  of  the  court 

Thirdly,  That  the  court  admitting  such  alien  shall  be  satisfied  that 
he  has  resided  within  the  United  States  five  years  at  least,  and  within 
the  state  or  territory  where  such  court  is  at  the  time  held,  one  year  at 


Statute  I. 

April  14.  180S. 

1800,  ch.  64. 

Part  of  a  for- 
mer  law  not  to 
operate  upon 
unregistered 
flhipa,  &c. 


In  certain 
cases. 


Upon  proof, 
the  Secretary  of 
the  Treasury  to 
cause  a  certifi- 
cate to  be  issued 
to  an  unregis- 
tered ship  or 
vessel,  entitling 
her  to  certain 
privileges. 


Statute  I. 

April  14, 1802. 

Act  of  March 
26, 1804,  ch. 47. 
Act  of  July  30, 
1813,  ch.  36. 
Act  of  March 
22, 1816,  ch.  32. 
Act  of  May  26, 
1824,  ch.  186. 

An  alien  may 
become  a  citi- 
ton  of  the  Uni- 
ted States. 

On  what  con- 
ditions. 

To  declare  on 
oath  or  afBrma- 
tioo  in  the  su- 
preme or  supc 
riorcourt,ordis« 
trict  or  circuit 
court  of  some  of 
the  states  or  of 
the  U.  States, 
three  years  be- 
fore his  admis- 
sion, his  inten- 
tion to  renounce 
forever  his  alle- 
giance to  any 
sovereign  or 
state  of  which 
he  is  a  subject. 


VoT..  n.— «o 


(rt)  See  notes  to  net  of  March  26,  1790,  chap.  13,  vol.  i.page  103. 


154 


SEVENTH  CONGRESS.    Sess.  I.  Ch.  28.     1802. 


To  fwcar  or 
affirm  that  he 
will  support  the 
Constitation  of 
the  U.  SUtes. 

That  he  shall 
have  resided  in 
the  U.  SUtes 
five  years  before 
he  shall  be  ad- 
mitted a  citizen. 
Shall  prove 
that  he  is  a  man 
of  good  moral 
character  and 
attached  to  the 
Constitution  of 
the  U.  SUtes. 
Shall  renounce 
every  title  of 
nobility  held  by 
him. 

On  what  con- 
ditions an  alien 
may  be  natu- 
ralized, who  re- 
sided in  the  U. 
States  afler  the 
29th  January, 
1795 


Proceedings 
to  be  recorded 
by  the  clerk  of 
the  court. 

Provision  in 
favour  of  per- 
sons residing  in 
the  U.Sutes  be- 
tween the  29th 
January,  1795, 
and  the  18th 
June,  1798. 

Mode  of  natu- 
ralization pre- 
scribed. 


Free  white 
persons  arriving 
in  the  U.  States 
to  be  registered. 


Form  of  regis- 
ter. 


least ;  and  it  shall  further  appear  to  their  satisfaction,  that  during  that 
time,  he  has  behaved  as  a  man  of  a  good  moral  character,  attached  to 
the  principles  of  the  constitution  of  the  United  States,  and  well  disposed 
to  the  good  order  and  happiness  of  the  same  :  Provided,  that  the  oath 
of  the  applicant  shall,  in  no  case,  be  allowed  to  prove  his  residence. 

Fourthly,  That  in  case  the  alien,  applying  to  be  admitted  to  citizen- 
ship, shall  have  borne  any  hereditary  title,  or  been  of  any  of  the  orders 
of  nobility  in  the  kingdom  or  state  from  which  he  came,  he  shall,  in  ad- 
dition to  the  above  requisites,  make  an  express  renunciation  of  his  title 
or  order  of  nobility  in  the  court  to  which  his  application  shall  be  made, 
which  renunciation  shall  be  recorded  in  the  said  court :  Provided,  that 
no  alien  who  shall  be  a  native  citizen,  denizen  or  subject  of  any  coun- 
try, state  or  sovereign,  with  whom  the  United  States  shall  be  at  war,  at 
the  time  of  his  application,  shall  be  then  admitted  to  be  a  citizen  of  the 
United  States :  Provided  also,  that  any  alien  who  was  residing  within 
the  limits,  and  under  the  jurisdiction  of  the  United  States,  before  the 
twenty-ninth  day  of  January,  one  thousand  seven  hundred  and  ninety- 
five,  may  be  admitted  to  become  a  citizen,  on  due  proof  made  to  some 
one  of  the  courts  aforesaid,  that  he  has  resided  two  years,  at  least,  within 
and  under  the  jurisdiction  of  the  United  States,  and  one  year,  at  least, 
immediately  preceding  his  application,  within  the  state  or  territory  where 
such  court  is  at  the  time  held;  and  on  his  declaring  on  oath  or  affirma- 
tion, that  he  will  support  the  constitution  of  the  United  States,  and  that 
he  doth  absolutely  and  entirely  renounce  and  abjure  all  allegiance  and 
fidelity  to  any  foreign  prince,  potentate,  state,  or  sovereignty  whatever, 
and  particularly,  by  name,  the  prince,  potentate,  state  or  sovereignty, 
whereof  he  was  before  a  citizen  or  subject :  and  moreover,  on  its  ap- 
pearing to  the  satisfaction  of  the  court,  that  during  the  said  term  of  two 
years,  he  has  behaved  as  a  man  of  good  moral  character,  attached  to  the 
constitution  of  the  United  States,  and  well  disposed  to  the  good  order 
and  happiness  of  the  same ;  and  where  the  alien,  applying  for  admission 
to  citizenship,  shall  have  borne  any  hereditary  title,  or  been  of  any  of 
the  orders  of  nobility  in  the  kingdom  or  state  from  which  he  came,  on 
his  moreover  making  in  the  court  an  express  renunciation  of  his  title 
or  order  of  nobility,  before  he  shall  be  entitled  to  such  admission :  all  of 
which  proceedings,  required  in  this  proviso  to  be  performed  in  the  court, 
shall  be  recorded  by  the  clerk  thereof:  and  provided  also,  that  any 
alien  who  was  residing  within  the  limits,  and  under  the  jurisdiction  of 
the  United  States  at  any  time  between  the  said  twenty-ninth  day  of 
January,  one  thousand  seven  hundred  and  ninety-five,  and  the  eighteenth 
day  of  June,  one  thousand  seven  hundred  and  ninety-eight,  may,  within 
two  years  after  the  passing  of  this  act,  be  admitted  to  become  a  citizen, 
without  a  compliance  with  the  6rst  condition  above  specified. 

Sec.  2.  Provided  also,  and  be  it  further  enacted.  That  in  addition 
to  the  directions  aforesaid,  all  free  white  persons,  being  aliens,  who  may 
arrive  in  the  United  States  after  the  passing  of  this  act,  shall,  in  order 
to  become  citizens  of  the  United  States,  make  registry,  and  obtain  cer- 
tificates, in  the  following  manner,  to  wit :  every  person  desirous  of  being 
naturalized  shall,  if  of  the  age  of  twenty-one  years,  make  report  of  him- 
self;  or  if  under  the  age  of  twenty-one  years,  or  held  in  service,  shall 
be  reported  by  his  parent,  guardian,  master  or  mistress,  to  the  clerk  of 
the  district  court  of  the  district  where  such  alien  or  aliens  shall  arrive, 
or  to  some  other  court  of  record  of  the  United  States,  or  of  either  of 
the  territorial  districts  of  the  same,  or  of  a  particular  state  ;  and  such 
report  shall  ascertain  the  name,  birthplace,  age,  nation  and  allegiance 
of  each  alien,  together  with  the  country  whence  he  or  she  migrated, 
and  the  place  of  his  or  her  intended  settlement:  and  it  shall  be  the  duty 
of  such  clerk,  on  receiving  such  report,  to  record  the  same  in  his  office, 
and  to  grant  to  the  person  making  such  report,  and  to  each  individual 


SEVENTH  CONGRESS.     Sess.  I.  Cii.  30.     1802. 


155 


concerDed  therein,  whenever  he  shall  be  required,  a  certificate  under  his 
hand  and  seal  of  office  of  such  report  and  registry ;  and  for  receiYing 
and  registering  each  report  of  an  individual  or  family,  he  shall  receive 
fifty  cents ;  and  for  each  certificate  granted  pursuant  to  this  act,  to  an 
individual  or  family,  fifty  cents ;  and  such  certificate  shall  be  exhibited 
to  the  coart  by  every  alien  who  may  arrive  in  the  United  States,  after 
the  passing  of  this  act,  on  his  application  to  be  naturalized,  as  evidence 
of  the  time  of  his  arrival  within  the  United  States. 

Sec.  3.  And  whereas,  doubts  have  arisen  whether  certain  courts  of 
record  in  some  of  the  states,  are  included  within  the  description  of  dis- 
trict or  circuit  courts :  Be  it  further  enacted,  ihsX  every  court  of  record 
in  any  individual  state,  having  common  law  jurisdiction,  and  a  seal  and 
derk  or  prothonotary,  shall  be  considered  as  a  district  court  within  the 
meaning  of  this  act;  and  every  alien  who  may  have  been  naturalized  in 
any  sach  court,  shall  enjoy,  firom  and  after  the  passing  of  the  act,  the 
same  rights  and  privileges,  as  if  he  had  been  naturalized  in  a  district  or 
circuit  court  of  the  United  States. 

Sec.  4.  And  he  ii  further  enacted.  That  the  children  of  persons  duly 
naturalized  under  any  of  the  laws  of  the  United  States,  or  who,  previous 
to  the  passing  of  any  law  on  that  subject,  by  the  government  of  the 
United  States,  may  have  become  citizens  of  any  one  of  the  said  states, 
under  the  laws  thereof,  being  under  the  age  of  twenty-one  years,  at  the 
time  of  their  parents  being  so  naturalized  or  admitted  to  the  rights  of 
citizenship,  shall,  if  dwelling  in  the  United  States,  be  considered  as 
citizens  of  the  United  States,  and  the  children  of  persons  who  now  are, 
or  have  been  citizens  of  the  United  States,  shall,  though  born  out  of  the 
limits  and  jurisdiction  of  the  United  States,  be  considered  as  citizens 
of  the  United  States :  Provided,  that  the  right  of  citizenship  shall  not 
descend  to  persons  whose  fathers  have  never  resided  within  the  United 
States :  Provided  dko,  that  no  person  heretofore  proscribed  by  any  state, 
or  who  has  been  legally  convicted  of  having  joined  the  army  of  Great 
Britain,  during  the  late  war,  shall  be  admitted  a  citizen,  as  aforesaid, 
without  the  consent  of  the  legislature  of  the  state  in  which  such  person 
was  proscribed. 

Sec.  5.  And  he  it  further  enacted.  That  all  acts  heretofore  passed 
req»ecting  naturalization,  be,  and  the  same  are  hereby  repealed. 

Approved,  April  14,  1802. 


What  courU 
are  to  be  con- 
■idered  u  capa- 
ble of  natural- 
ising aliens. 


Children  of 
portona  natural^ 
»ed  under  cer- 
tain laws  to  be 
citisens  of  the 
United  States. 


Privilege  of 
citizenship  not 
to  extend  to 
children  of  per- 
sons who  have 
noTor  resided 
in  the  U.  Sutes. 

Or  to  persons 
proscribed,  &c. 

Repeal  of  for- 
mer acts. 


Statute  I. 


Chap.  XXX. — An  jSel  in  addition  to  an  act^  intituled  "«4»i  act,  in  addition  to  an     April  26, 1802 
act  reguiating  the  grants  of  land  of/propriaUdfor  military  Merviea,  and  for  the 
eoeiety  nf  the  United  Brethren^  for  propagating  the  gotpei  among  the  HeaihenJ" 

Be  ii  enacted  hy  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled.  That  from  and  after 
the  passing  of  this  act,  and  until  the  first  day  of  January  next,  it  shall 
be  lawful  for  the  holders  or  proprietors  of  warrants  heretofore  granted 
in  consideration  of  military  services,  or  register's  certificates  of  fifty 
acres,  or  more,  granted,  or  hereafter  to  be  granted  agreeable  to  the  third 
section  of  an  act  intituled  **An  act  in  addition  to  an  act,  intituled  An 
act  regulating  the  grants  of  land  appropriated  for  military  services ;  and 
for  the  society  of  the  United  Brethren  for  propagating  the  gospel  among 
the  Heathen,"  approved  the  first  day  of  March  one  thousand  eight  hun- 
dred, to  register  and  locate  the  same,  in  the  same  manner,  and  under  the 
same  restrictions,  as  might  have  been  done  before  the  first  day  of  Janu- 
ary last :  Provided,  that  persons  holding  register's  certificates  for  a  less 
Jiuanttty  than  one  hundred  acres,  may  locate  the  same  on  such  parts  of 
ractional  townships,  as  shall,  for  that  purpose,  be  divided  by  the  Secre- 
tary of  the  Treasury  into  lots  of  fifty  acres  each. 


Act  of  March 
1,  1800,  ch.  13. 
Act  of  March  3> 
1803,  ch.  30. 

How  the  hoi. 
ders  of  certain 
warrants  for  mil- 
itary services, 
or  repister*s 
certificates, 
may  register  or 
locate  tno  same. 


ProTtsion  with 
respect  to  cer- 
tain register's 
certificates. 


156 


SEVENTH  CONGRESS.    Sem.  I.  Ch.  31.    1802. 


Sec.  2.  And  he  it  fwrthtr  enacted,  That  it  shall  be  the  daty  of  the 
Secretary  of  War  to  receive  claims  to  lands  for  military  senrices,  and 
claims  for  duplicates  of  warrants  issaed  from  his  office,  or  from  the  land-* 
office  of  Virginia,  or  of  plats  and  certificates  of  surveys  founded  on  such 
warrants,  suggested  to  have  been  lost  or  destroyed,  until  the  first  day  of 
January  next,  and  no  longer ;  and  immediately  thereafter,  to  report  the 
same  to  Congress,  designating  the  numbers  of  claims  of  each  descrip- 
tion, with  his  opinion  thereon. 

Approyed,  April  26, 1802. 


Secretary  of 
War  to  receire 
claims  to  lands, 
and  for  dupli- 
cates of  war- 
rants, suggested 
to  have  been 
lost 

To  report  the 
same  to  Con- 
gress,  with  hii 
opinion. 

Statute  I. 
April  29, 1802.      Chap.  XXXI — An  Ad  to  amend  the  Judicial  System  (f  the  United  £Uate$,(a) 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled,  That  from  and  after 
the  passing  of  this  act,  the  Supreme  Court  of  the  United  States  shall  be 
holden  by  the  justices  thereof,  or  any  four  of  them,  at  the  city  of  Wash- 
ington, and  shall  have  one  session  in  each  and  every  year,  to  commence 
on  the  first  Monday  of  February  annually,  and  that  if  four  of  the  said 
justices  shall  not  attend  within  ten  days  after  the  time  hereby  appointed 
for  the  commencement  of  the  said  session,  the  business  of  the  said  cotirt 
shall  be  continued  over  till  the  next  stated  session  thereof  (6)  Provided 
always,  that  any  one  or  more  of  the  said  jtistices  attending  as  aforesaid 
shall  have  power  to  make  all  necessary  orders  touching  any  suit,  action, 
writ  of  error,  process,  pleadings  or  proceedings,  returned  to  the  said 
court  or  depending  therein,  preparatory  to  the  hearing,  trial  or  decision 
of  such  action,  suit,  appeal,  writ  of  error,  process,  pleadings  or  proceed- 
ings. And  so  much  of  the  act,  intituled  '<An  act  to  establish  the  judicial 
courts  of  the  United  Sutes,"  passed  the  twenty-fourth  day  of  September, 
seventeen  hundred  and  eighty-nine,  as  provides  for  the  holding  a  session 
of  the  supreme  court  of  the  United  States  on  the  first  Monday  of  August, 
annually,  is  hereby  repealed. 

Sec.  2.  And  be  it  further  enacted.  That  it  shall  be  the  duty  of  the 
associate  justice  resident  in  the  fourth  circuit  formed  by  this  act,  to 
attend  at  the  city  of  Washington  on  the  first  Monday  of  August  next, 
and  on  the  first  Monday  of  August  each  and  every  year  thereafter,  who 
shall  have  power  to  make  all  necessary  orders  touching  any  suit,  action, 
appeal,  writ  of  error,  process,  pleadings  or  proceedings,  returned  to  the 
said  court  or  depending  therein,  preparatory  to  the  hearing,  trial  or 
decision  of  such  action,  suit,  appeal,  writ  of  error,  process,  pleadings  or 
proceedings  :{c)  and  that  all  writs  and  process  may  be  returnable  to  the 
said  court  on  the  said  first  Monday  in  August,  in  the  same  manner  as  to 
the  session  of  the  said  court,  herein  before  directed  to  be  holden  on  the 
first  Monday  in  February,  and  may  also  bear  teste  on  the  said  first  Mon- 
day in  August,  as  though  a  session  of  the  said  court  was  holden  on  that 
day,  and  it  shdl  be  the  duty  of  the  clerk  of  the  supreme  court  to  attend 
the  said  justice  on  the  said  first  Monday  of  August,  in  each  and  every 
year,  who  shall  make  due  entry  of  all  such  matters  and  things  as  shall 
or  may  be  ordered  as  aforesaid  by  the  said  justice,  and  at  each  and  every 
such  August  session,  all  actions,  pleas,  and  other  proceedings  relative  to 
any  cause,  civil  or  criminal,  shall  be  continued  over  to  the  ensuing 
February  session. 

(a)  See  notes  to  the  act  to  esubliah  the  Jndicisl  courts  of  the  United  States,  September  24,  1789,  chap. 
20,  page  73.  An  act  in  addition  to  an  act  to  amend  the  judicial  system  of  the  United  Sutes,  March  3, 
1803,  chap.  40. 

(b)  Act  of  March  3,  1837,  chap.  32 ;  an  act  sopplemontary  to  an  act  to  amend  the  judicial  system  of 
the  United  States. 

By  the  act  of  May  4,  1826,  chap.  37,  the  sessions  of  the  supreme  court  were  directed  to  commence  oa 
the  first  Monday  in  January  annually:  and  by  the  act  of  June  17, 1844,  the  sesaioni  are  to  commence  on 
the  first  Monday  of  December  annually. 

(c)  By  the  7th  section  of  the  act  of  February  28,  1839,  chap.  38,  the  proTislon  which  required  th« 
attendance  of  a  justice  of  the  supreme  court  at  Washington  on  the  first  Monday  in  August,  wis  repealed 


Supreme  court 
to  be  holden  at 
Washington,  by 
any  four  jus« 
tices. 

Sessions  to 
commence  on 
the  first  Monday 
of  February  an- 
nually. 

Business  to  be 
continued  over 
if  a  quorum  does 
not  attend. 

Oneofthejus. 
tices  may  make 
rules,  fcc. 

Part  of  act  of 
September  24, 
1789,  ch.  20, 
providing  for  a 
session  of  the 
Supreme  Court 
in  August,  re- 
pealed. 

Associate  jus- 
tice living  in  the 
fourth  circuit,  to 
attend  at  the 
city  of  Wash- 
ington. 

When. 

For  what  pur- 
pose. 


1839,  ch.  35. 


To  be  attend, 
od  also  by  the 
clerk. 


SEVENTH  CONGRESS.    Sbbb.  I.  Ch.  31.    1802. 


157 


Certain    pro- 
ceedings   made 
returnable  to 
August  aeMion. 


Act  of  Feb- 
niary  13,  1801, 
ch.  4. 


Sbc.  3.  And  be  it  Jwriker  enacted^  That  all  actions,  suits,  process, 
pleadings  and  other  proceedings,  of  what  nature  or  kind  soever,  civil  or 
ciimind,  which  were  continued  from  the  supreme  court  of  the  United 
States,  which  was  begun  and  holden  on  the  first  Monday  of  December 
last,  to  the  next  court  to  have  been  holden  on  the  first  Monday  of  June, 
nnder  the  act  which  passed  on  the  thirteenth  day  of  February,  one  thou- 
sand eight  hundred  and  one,  iqtituled,  "An  act  to  provide  for  the  more 
convenient  organization  of  the  courts  of  the  United  States,"  and  all 
writs,  process  and  proceedings,  as  aforesaid,  which  are  or  may  be  made 
returnable  to  the  same  June  session,  shall  be  continued,  returned  to,  and 
have  day,  in  the  session  to  be  holden  by  this  act,  on  the  first  Monday  of 
August  next ;  and  such  proceedings  shall  be  had  thereon,  as  is  herein 
before  provided. 

Sec.  4.  And  he  it  further  enacted,  That  the  districts  of  the  United 
States  (excepting  the  districts  of  Maine,  Kentucky,  and  Tennessee)  shall 
be  formed  into  six  circuits,  in  manner  following : 

The  districts  of  New  Hampshire,  Massachusetts  and  Rhode  Island, 
shall  constitute  the  first  circuit ; 

The  districts  of  Connecticut,  New  York  and  Vermont,  shall  constitute 
the  second  circuit ; 

The  districts  of  New  Jersey  and  Pennsylvania  shall  constitute  the 
third  circuit ; 

The  districts  of  Maryland  and  Delaware  shall  constitute  the  fourth 
circuit ; 

The  districts  of  Virginia  and  North  Carolina  shaU  constitute  the  fiflh 
circuit;  and 

The  districts  of  South  Carolina  and  Georgia  shall  constitute  the  sixth 
eircttit(a) 

And  tliere  shall  be  holden  annually  in  each  district  of  the  said  circuits, 
two  courts,  which  shall  be  called  circuit  courts.  In  the  first  circuit,  the 
said  circuit  court  shall  consist  of  the  justice  of  the  supreme  court  re- 
siding within  the  said  circuit,  and  the  district  judge  of  the  district  where 
such  court  shall  be  holden :  and  the  sessions  of  the  said  court,  in  the 
district  of  New  Hampshire,  shall  commence  on  the  nineteenth  day  of 
May,  and  the  second  day  of  November,  annually ;  in  the  district  of 
Massachusetts,  on  the  first  day  of  June,  and  the  twentieth  day  of  Octo- 
ber, annually ;  in  the  district  of  Rhode  Island,  on  the  fifleenth  day  of 
June,  and  the  fifleenth  day  of  November,  annually. 

In  the  second  circuit,  the  said  circuit  court  shall  consist  of  the  senior 
associate  justice  of  the  supreme  court  residing  within  the  fiflh  circuit, 
and  the  district  judge  of  the  district,  where  such  court  shall  be  holden : 
and  the  sessions  of  the  said  court  in  the  district  of  Connecticut,  shall 
commence  on  the  thirteenth  day  of  April,  and  the  seventeenth  day  of 
September,  annually ;  in  the  district  of  New  York,  on  the  first  day  of 
April,  and  the  first  day  of  September,  annually ;  in  the  district  of  Ver- 
mont, on  the  first  day  of  May,  and  the  third  day  of  October,  annually. 

(d)  The  acta  of  Congress  which  regulate  the  original  jurisdiction  of  the  circuit  courts,  are :  An  act  to 
establish  the  judicial  courts  of  the  United  States,  September  24,  1789,  chap.  SO ;  an  act  in  addition  to 
an  act  to  prombit  the  carrying  on  the  slave  trade  from  the  United  States  to  an^  foreign  place  or  country. 
May  10,  1800,  sec.  4 ;  an  act  to  Test  more  effectually  in  the  state  courts,  and  in  the  district  courts  of  the 
United  States,  jurisdiction  in  the  cases  therein  mentioned,  March  3,  1816.  Turner  c.  The  Bank  of  North 
America,  4  Dall.  8 ;  1  Cond.  Rep.  306. 

The  inferior  courts  of  the  United  States,  are  all  of  limited  jurisdiction,  but  they  are  not  on  that  ac- 
eooat  inferior  J 
diaregarded. 
namtiee.    MM  ... 

The  justices  of  the  supreme  court  hare  br  practice  and  acquiescence  under  it,  for  a  period  of  several 
years,  commenciiig  with  the  organization  or  tJie  judicial  system,  sat  as  circuit  ludges :  this  practical  ei- 
positioD  is  too  strong  to  be  shaken  or  controlled.    Stuart  o.  Laird,  1  Cranch,  299;  1  Cond.  Rep.  316. 

Tbe  circuit  conrt  has  jurisdiction  on  a  bill  in  eouity,  filed  by  the  United  States,  against  the  debtor  of 
their  debtor,  they  claiming  a  priority  nnder  the  fifty-fifth  section  of  the  act  of  March  2,  1799,  notwith- 
standing tte  local  law  of  the  state  allows  a  creditor  to  proceed  against  the  debtor  of  his  debtor  by  a 
peculiar  procaat.    The  United  States  v.  Howland  et  al.,  4  Wheat  108 ;  4  Cond.  Rep.  404. 


Districts  form- 
ed into  circuits. 
Circuits  form- 
ed. 

First  circuit 


Second  circuit. 
Third  circuit. 
Fourth  circuit 
Fifth  circuit. 
Sixth  circuit 

Two  circuit 
courts  to  be  held 
in  each  district. 

Altered  by  act 
ofJunel7,1844. 

First  circuit, 
of  whom  the 
court  is  to  con- 
sist,  and  the 
time  of  its  ses- 
sion. 

1812,  ch.  45. 

Second  circuit 
court,  its  ses- 
sions where  to 
be  held. 

Act  of  March 
3,  1803,  ch.  40. 
Act  of  March  9, 
1808,  ch.  29, 
sec.  1. 


lor  conru  oi  ine  uniiea  outes,  are  au  ot  limited  junsdicuon,  out  tney  are  not  on  tnat  ac- 
ior  courts^  in  the  technical  sense  of  those  words,  whose  judgments  taken  alone,  are  to  be 
.  If  the  jurisdiction  be  not  alleffed  in  the  proceedings,  they  are  erroneous,  but  they  are  not 
f*Cormiek  et  al.  c.  SuUivant  et  ai.,  10  Wheat  192 ;  6  Cond.  Rep.  71. 


158 


SEVENTH  CONGRESS.    Sess.  I.  Ch.  31.     1802. 


Third  circuit 
court,  its  set- 
Bions. 


Act  of  March 
3,  1803,  ch.  32. 


Fourth  circuit 
court,  its  Bee- 
sioni. 


Fifth  circuit 
court,  its  ses- 
sions. 


Act  of  Feb- 
ruary 4,  1807, 
ch.5. 

Sixth  circuit 
court,  its  ses- 
sions. 

1807,  ch.  16. 

At  Charleston. 
Columbia. 

Savannah. 

Louisville. 

Provisions  if 
the    judges    do 
not  attend. 
One  judge  may 
adjourn    the 
court 


1808,  ch.  29. 


Clerks  of  dis- 
trict  to  be  clerks 
ofcircuit  courts. 

With  an  ex- 
ception. 

Justices  of  the 
supreme     court 
to    allot    them- 
» elves  among 
the  circuits. 

Allotment  to 
be  entered  on 
record. 

If  they  fail  to 
do  it,  the  Presi- 
dent may  make 
the  allotment. 

Allotment  to 
be  binding  until 
another  is  made. 

Powers  of  the 
circuit  courts. 
In  writs  of  error 
and  appeal,  the 
opinion  of  the 
justice  of  the 
supremo  court 
to  prevail. 


In  the  third  circuit,  the  said  circuit  court  shall  consist  of  the  justice 
of  the  supreme  court  residing  within  the  said  circuit,  and  the  district 
judge  of  the  district  where  such  court  shall  be  holden :  and  the  sessions 
of  the  said  court,  in  the  district  of  New  Jersey,  shall  commence  on  the 
first  day  of  April,  and  the  first  day  of  October,  annually ;  in  the  district 
of  Pennsylvania,  on  the  eleventh  day  of  April,  and  the  eleventh  day  of 
October,  annually. 

In  the  fourth  circuit,  the  said  circuit  court  shall  consist  of  the  justice 
of  the  supreme  court  residing  within  the  said  circuit,  and  the  district 
judge  of  the  district  where  such  court  shall  be  liolden  :  and  the  sessions 
of  the  said  court,  in  the  district  of  Delaware,  shall  commence  on  the  third 
day  of  June,  and  the  twenty-seventh  day  of  October,  annually ;  in  the 
district  of  Maryland,  on  the  first  day  of  May,  and  the  seventh  day  of 
November,  annually ;  to  be  holden  hereafler  at  the  city  of  Baltimore  only. 

In  the  fifih  circuit,  the  circuit  court  shall  consist  of  the  present  chief 
justice  of  the  supreme  court,  and  the  district  judge  of  the  district  where 
such  court  shall  be  holden :  and  the  sessions  of  the  said  court,  in  the  dis- 
trict of  Virginia,  shall  commence  on  the  twenty-second  day  of  May,  and 
the  twenty-second  day  of  November,  annually ;  in  the  district  of  North 
Carolina,  on  the  fifteenth  day  of  June,  and  the  twenty-ninth  day  of 
December,  annually. 

In  the  sixth  circuit,  the  said  circuit  court  shall  consist  of  the  junior 
associate  justice  of  the  supreme  court,  in  the  fifih  circuit,  and  the  dis- 
trict judge  of  the  district  where  such  court  shall  be  holden :  and  the 
sessions  of  the  said  court,  in  the  district  of  South  Carolina,  shall  com- 
mence at  Charleston  on  the  twentieth  day  of  May,  and  at  Columbia  on 
the  thirtieth  day  of  November,  annually ;  in  the  district  of  Georgia,  on 
the  sixth  day  of  May  at  Savannah,  and  on  the  fourteenth  day  of  Decem- 
ber hereafter  at  Louisville,  annually :  Provided,  that  when  only  one  of 
the  judges  hereby  directed  to  hold  the  circuit  courts,  shall  attend,  such 
circuit  court  may  be  held  by  the  judge  so  attending;  and  that  when 
any  of  the  said  days  shall  happen  on  a  Sunday,  then  the  said  court 
hereby  directed  to  be  holden  on  such  day,  shall  be  holden  on  the  next 
day  thereafter ;  and  the  circuit  courts  constituted  by  this  act,  shall  be 
held  at  the  same  place  or  places  in  each  district  of  every  circuit,  as  by 
law  they  were  respectively  required  to  be  held  previous  to  the  thirteenth 
day  of  February,  one  thousand  eight  hundred  and  one,  excepting  as  is 
herein  before  directed.  And  none  of  the  said  courts  shall  be  holden 
until  after  the  first  day  of  July  next,  and  the  clerk  of  each  district  court 
shall  be  also  clerk  of  the  circuit  court  in  such  district,  except  as  is  herein 
after  excepted. 

Sec.  5.  And  be  it  further  enacted,  That  on  every  appointment  which 
shall  be  hereafter  made  of  a  chief  justice  or  associate  justice,  the  said 
chief  justice  and  associate  justices  shall  allot  themselves  among  the 
aforesaid  circuits  as  they  shall  think  fit,  and  shall  enter  such  allotment 
on  record.  And  in  case  no  such  allotment  shall  be  made  by  them  at 
their  session  next  succeeding  such  appointment,  and  also,  after  the  ap- 
pointment of  any  judge,  as  aforesaid,  and  before  any  allotment  shall  have 
been  made,  it  shall  and  may  be  lawful  for  the  President  of  the  United 
States  to  make  such  allotment  as  he  shall  deem  proper,  which  allotment 
made  in  either  case,  shall  be  binding  until  another  allotment  shall  be 
made;  and  the  circuit  courts  constituted  by  this  act,  shall  have  all 
the  power,  authority  and  jurisdiction  within  the  several  districts  of  their 
respective  circuits  that  before  the  thirteenth  day  of  February,  one  thou* 
sand  eight  hundred  and  one,  belonged  to  the  circuit  courts  of  the  United 
States,  and  in  all  cases  which,  by  appeal  or  writ  of  error,  are  or  shall  be 
removed  from  a  district  to  a  circuit  court,  judgment  shall  be  rendered  in 
conformity  to  the  opinion  of  the  judge  of  l[he  supreme  court  presiding  in 
such  circuit  court. 


SEVENTH  CONGRESS.    Sess.  I.  Ch.  31.     1802.  159 

Sec.  6.  And  be  it  Jurther  enacted,  That  whenever  any  question  shall  l"  case   of 

occur  before  a  circuit  court,  upon  which  the  opinions  of  the  judges  shall  opimon''of"\he 

be  opposed,  the  point  upon  which  the  disagreement  shall  happen,  shall,  judges  of  the 

during  the  same  term,  upon  the  request  of  either  party,  or  their  counsel,  J^^^"))^,.  *;°"'^» 
be  stated  under  the  direction  of  the  judges,  and  certified  under  the  seal 


that  of  the  su- 
preme court 


of  the  court,  to  the  supreme  court,  at  their  next  session  to  be  held  there-   upon  the  point 

after;  and  shall,  by  the  said  court,  be  finally  decided.(a)  And  the  decision    "i^ied  to  be  con- 
'  rf  \  /  elusive. 

(a)  The  decisions  of  the  Supreme  Court  of  the  United  States,  upon  the  provisions  of  this  section,  are: 

The  law  which  empowers  the  supreme  court  to  take  cognizance  of  questions  adjourned  from  a  circuit 
court,  gives  jurisdiction  over  the  single  point  on  which  the  judges  were  divided;  not  over  the  wholo 
cause.     Way  man  et  a),  o.  Southard  et  al.,  10  Wheat.  1 ;  6  Cond.  Rep.  1. 

Where  the  court  is  equally  divided,  the  decree  of  the  court  below  is  of  course  affirmed,  so  far  as  the 
point  of  division  goes.     The  Antelope,  10  Wheat.  66 ;  6  Cond.  Rep.  30. 

The  supreme  court  has  no  jurisdiction  in  a  case  in  which  the  judges  of  the  circuit  court  have  divided 
in  opinion  upon  a  motion  for  a  rule  to  show  cause  why  the  taxation  of  the  costs  of  the  marshal  on  an 
execution  should  not  be  reversed  and  corrected.  Bank  of  the  United  States  v.  Green  and  others,  6 
Peters,  26. 

Where  the  court  is  equally  divided  in  opinion  upon  a  writ  of  error  the  judgment  of  the  inferior  court 
if  affirmed.    Etting  o.  The  Bank  of  the  United  SUtes,  11  Wheat.  69 ;  6  Cond.  Rep.  216. 

Where  a  case  is  certified  to  the  supreme  court  upon  a  division  of  opinion  of  the  judges  of  the  circuit 
court,  and  the  points  upon  which  they  were  to  divided,  are  too  imperrectly  stated  to  enable  the  supreme 
court  to  pronounce  any  opinion  upon  them,  it  will  neither  award  a  venire  facias  de  novo,  nor  certin^  any 
opinion  to  the  court  below,  but  will  merely  certify  that  they  are  too  imperfectly  stated.  Perkins  v.  Hart's 
£x'r8,  &c.,  11  Wheat.  237;  6  Cond.  Rep.  287. 

It  appeared  on  a  certificate  from  the  circuit  court  of  the  United  States  of  Pennsylvania,  that  the  judges 
of  the  court  were  divided  on  a  motion  in  arrest  of  judgment.  Held,  that  judgment  must  be  given  on  the 
verdict.    United  Sutes  v.  Worrall,  2  Dall.  33S. 

Where  a  case  is  certified  from  a  circuit  court  of  the  United  States,  the  judges  of  the  circuit  court 
having  differed  in  opinion  upon  questions  of  law  which  arose  on  the  trial  of  the  cause;  the  supreme  court 
cannot  be  called  upon  to  express  an  opinion  on  the  whole  facts  of  the  case>,  instead  of  upon  particular 
points  of  law,  growing  out  of  the  same.    Adams,  Cunningham  fc  Co.  v,  Jones.  12  Peters,  207. 

The  iptention  of  Congress,  in  passing  the  act  authorizing  a  division  of  opinion  of  the  judges  of  the 
circuit  eourts  of  the  UnitCMl  States  to  be  certified  to  the  supreme  court  was,  tnat  a  division  of  &e  judges 
of  the  circuit  court,  upon  a  single  and  material  point,  in  the  progress  of  the  cause,  should  be  certified  to 
the  supreme  court  for  its  opinion ;  and  not  the  whole  cause.  When  a  certificate  of  division  brings  up 
the  whole  cause,  it  would  be,  if  the  court  should  decide  it,  in  eflfect,  the  exercise  of  original,  rather  than 
appellate  jurisdiction.    White  v.  Turk  et  al.,  12  Peters,  238. 

This  case  came  up  to  the  supreme  court,  from  the  circuit  court,  upon  a  division  of  opinion  between 
the  judges  of  the  court.  It  was  decided  by  the  supreme  court,  that  tlie  question  certified  would,  alone, 
be  considered  ;  each  party  being  left  to  bring  up  the  whole  case  from  the  circuit  court,  by  a  writ  of  error. 
Ogle  V.  Lee,  2  Cranch,  33. 

The  question  certified  from  the  circuit  court  of  North  Carolina,  was,  '<  whether  the  act  of  assembly, 
(of  North  Carolina,)  entitled,  an  act  concerning  proving  wills,  and  to  prevent  frauds  in  the  management 
of  intestates'  estates,  passed  in  1715,  recited  in  the  plea  of  the  defendants,  was,  under  all  the  circum- 
stances stated,  and  the  various  acts  passed  by  the  legislature  of  North  Carolina,  a  bar  to  this  action.*' 
The  certificate  stated,  that  the  9th  section-  of  the  act  had  been  pleaded  by  the  defendant,  in  bar  to  the 
action.  The  certificate  of  the  division  was  granted  on  the  motion  of  the  plaintiff*,  by  his  counsel ;  and 
at  his  request,  a  statement  of  the  facts,  *'  ma^  under  the  direction  of  the  judges,"  was  certified.  The 
certificate,  thus  made  out,  set  forth  all  the  laws  of  North  Carolina,  which  operated  on  the  question  certi- 
fied }  and  stated  the  questions  which  arose  in  the  cause,  on  which  the  opinions  of  the  judges  were  di- 
vided. The  court  decided  in  favour  of  the  plaintiff*.  Ogden,  Adm*r  of  Cornell  v.  Blacllcdge,  Ex'r  of 
Sater,  2  Cranch,  272 ;  1  Cond.  Rep.  411. 

The  certificate  of  division  of  opinion  by  the  judges  of  the  circuit  court  of  Virginia,  stated,  <*In  this 
cause  it  occurred  as  a  question,  whether  Hepburn  and  Dundas,  the  plaintiffs  in  this  cause,  who  are  citi- 
zens  and  residents  in  the  District  of  Columbia ;  and  are  so  stated  in  the  pleadings ;  can  maintain  an 
action  in  the  supreme  court  against  the  defendant,  who  is  a  citizen  and  inhabitant  of  the  district  and  the 
commonwealth  of  Virginia,  and  is  also  stated  so  to  be  in  the  pleadings :  or  whether,  for  want  of  jurisdic- 
tioa,  the  said  suit  ought  to  be  dismissed."  It  was  certified  tnat  the  circuit  court  had  no  jurisdiction  in 
the  case.    Hepburn  and  Dundas  v.  Ellzey,  2  Cranch,  445 ;  1  Cond.  Rep.  444. 

This  case  was  certified  from  the  circuit  court  of  Pennsylvania,  the  judges  being  divided  in  opinion  upon 
the  question,  "whether,  in  the  state  of  the  pleadings,  the  judgment  ought  to  be  rendered  for  the  plsin- 
tiffii."  The  supreme  court  said-— Judgment,  therefore,  on  the  pleadings,  must  be  rendered  for  the  plain - 
tifis.  Mr.  Chief  Justice  Marshall,  who  delivered  the  opinion  of  the  court,  said  :  "  By  the  twenty-sixth 
section  of  the  judicial  act,  it  is  directed  that,  in  cases  of  this  description,  the  court  shall  render  judgment 
for  so  much  as  is  due  acconling  to  equity.  And  when  the  sum  for  which  judgment  is  to  be  rendered  is 
nncertain,  the  same  shall,  if  either  of  the  parties  request  it,  be  assessed  by  a  Jury.  In  this  case,  it  is  the 
opinion  of  a  majority  of  the  court,  that  the  judgment  ought  to  be  rendered  for  so  much  as  remains  due 
of  the  sum  of  one  hundred  and  seventy  thousand  guilders,  calculating  interest  thereon  from  the  1st  of 
Bfarch,  1803;  and  if  either  of  the  parties  request  it,  that  a  jury  be  empannelled  to  ascertain  the  value  of 
this  sum  in  money  of  the  United  States."  United  States  v.  Gumey  and  others,  4  Cranch,  333;  2  Cond. 
Repw  132. 

This  case  was  certified  on  division  of  opinion  of  the  judges  of  the  circuit  court,  on  a  motion  in  arrest 
of  judgment,  the  question  being,  whether  the  assignee  of  a  part  of  a  patent  right,  cannot  maintain  an 
action  on  the  case,  lor  a  violation  of  the  patent  right.    6  Cranch,  324. 

In  this  ca«r,  th*5  question  certified,  on  which  the  jndgps  of  the  circuit  were  divided  in  opinion,  wns 


160  SEVENTH  CONGRESS.    Sess.  1.  Ch.  31.     1802. 

Decision  of  the  of  the  supreme  coart,  and  their  order  in  the  premises,  shall  be  remitted 

sopreme  to  be  to  the  circuit  court,  and  be  there  entered  of  record,  and  shall  have  effect 

drcidtcourtand  according  to  the  nature  of  the  said  judgment  and  order :  Promded,thtA 

to  be  of  effect,  nothing  herein  contained  shall  prevent  the  cause  from  proceeding,  if,  in 

urbether  a  writ  of  habere  facias  possesiionem  ahoald  be  iiaued ;  the  defendant,  in  the  circuit  court  of 
Maryland,  haring  obtained,  in  a  state  court,  an  order  for  the  injunction  of  the  proceedings  in  the  circuit 
court.  The  supreme  court  directed  that  the  writ  be  issued.  M<Kini  v,  Yoorhies,  7  Cranch,  279 ;  2 
Cond.  Rep.  492. 

The  defendant  was  indicted  in  the  circuit  court  of  Vermont,  under  embargo  laws,  for  loading  carriages 
with  pearl  ashes,  with  intent  to  oxport  them.  The  jury  found  him  guilty ;  and  that  the  ashes  were  worth 
two  hundred  and  eighty  dollars.  The  defendant  moved  in  arrest  of  judgment,  for  defect  in  the  finding ; 
and  on  the  question  presented  by  the  motion,  the  judges  were  divided  in  opinion  ;  which  division  was 
certified  to  the  supreme  court    iJnited  Sutes  v.  John  Tyler,  7  Cranch,  2S6 ;  2  Cond.  Rep.  492. 

The  question  certified  to  the  supreme  court,  from  the  circuit  court  of  West  Tennessee,  was  on  the 
construction  of  the  act  of  the  legialature  of  Tennessee,  relative  to  possession  of  lands.  Patton*s  Lessee 
V.  Easton,  1  Wheat.  476;  3  Cond.  Rep.  631. 

The  supreme  court  of  Uie  United  States  has  no  jurisdiction  of  causes  brought  before  it,  on  a  certificate 
of  division  of  opinion  of  the  judges  of  the  circut  court,  for  the  DUtriet  ^  CdunUna.  The  appellate 
jurisdiction  extends,  only,  to  the  final  judgment  and  decrees  of  that  court.  Ross  v.  Triplett,  3  wheat. 
600 ;  4  Cond.  Rep.  361. 

The  question  referred  to  the  supreme  court,  by  a  certificate  of  division  between  the  judges  of  the  cir- 
cuit court,  on  facts  stated  by  the  court,  was,  whether  the  circuit  court  of  Kentucky  could  take  jurisdic- 
tion of  a  case,  when  one  of  the  grants  for  the  land  in  controversy  was  issued  out  by  the  state  of  Viiginia, 
the  other  by  the  state  of  Kentucky,  both  grants  being  founded  upon  warrants  and  locations  made  under 
the  laws  of  Virginia.    Colson  v,  Lewis,  2  Wheat  377 :  4  Cond.  Rep.  16S. 

The  facts  of  the  case  bein^  found  by  a  special  verdict,  and  the  judges  being  divided  in  opinion  on 
questions  arising  on  the  verdict,  the  questions  were  certified  to  the  supreme  court.  SomerviUe's  Ex'rs 
«.  Hamilton,  4  Wheat  230 ;  4  Cond.  Rep.  436. 

The  difference  of  opinion  of  the  judges  of  the  circuit  court  of  Delaware,  was,  whether  certain  depo- 
sitions taken  under  a  commission  issuM  from  the  circuit  court  of  Delaware,  could  be  read  in  evidence. 
This  difference  was  certified  to  the  supreme  court,  and  the  question  decided.  Sergeant's  Lessee  v.  Bid- 
die  et  al.,  4  Wheat  608 ;  4  Cond.  Rep.  622. 

On  an  indictment  for  manslaughter,  the  defendant  was  found  guilty,  subject  to  the  opinion  of  the  court, 
whether  the  circuit  court  of  Pennsylvania  had  jurisdiction  in  a  case  where  the  offence  was  committed  on 
board  an  American  ship,  lying  in  the  river  Ti^^s,  off  Wampoa,  in  the  empire  of  China.  On  the  question 
of  jurisdiction,  the  judges  were  divided  in  opmion,  and  the  division  was  certified  to  the  supreme  court; 
and  was  decidedin  fttvour  of  the  defendant    United  States  o.  Wiltbeiger,  6  Wheat  76 ;  4  Cond.  Rep.  693. 

The  jury  found  a  special  verdict,  in  the  circuit  court  of  Virginia,  on  a  trial  of  an  indictment  for 
piracy  ;  and  on  a  motion  to  arrest  the  judgment,  the  question  whether  the  acts  charged  against  the  de- 
fendant, and  found  bv  the  jury,  was  a  piracy  by  the  law  of  nations,  so  as  to  be  punishable  under  the  act 
of  Congress  of  3d  March,  1819,  was  presented ;  and  the  judges  of  the  circuit  court  were  divided  in 
opinion ;  and  thereupon,  the  question  was  certified  to  the  tsupreme  court  United  States  v.  Smith,  6 
Wheat.  163 ;  4  Cond.  Rep.  619. 

The  prisoners  were  found  guilty  in  the  circuit  court  of  Massachnsetta,  for  murder  on  the  high  seas,  out 
of  the  jurisdiction  of  a  oarticular  state.  The  counsel  of  the  prisoners  moved  the  court  for  a  new  trial 
for  the  misdirection  of  tne  court  on  pointa  of  law  which  arose  during  the  trial.  The  judges  of  the  court 
being  opposed  in  opinion  upon  questions  presented  with  the  motion ;  the  indictment,  and  a  statement  of 
the  evidence,  were  certifiea  to  the  supreme  court.  United  States  o.  Holmee  et  al.,  6  Wheat  412 ;  4  Cond. 
Rep.  708. 

The  defendant  was  indicted  in  the  circuit  court  of  South  Carolina,  charging  him  with  wickedl^f  and 
maliciously  concealing  a  murder  committed  on  the  high  seas,  of  which  he  had  knowledge.  The  judge 
charged  the  jury,  that  the  concealment,  under  the  circumstances,  was  suflicient  to  convict  the  defendant, 
and  the  jury  found  him  guilty.  On  a  motion  to  arrest  the  judgment,  and  for  a  new  trial,  the  judges  were 
opposed  m  opinion  on  the  motion,  which  was  certified  to  the  supreme  court  The  supreme  court  said,  a 
motion  for  a  new  trial  is  not  a  part  of  the  proceedings  of  the  case.  The  question  must  be  one  which 
arises  in  a  cause  depending  before  the  court,  relative  to  a  proceeding  belonging  to  the  cause.  A  motion 
for  a  new  trial  has  never  Mfore  been  brought  to  this  court  on  a  division  oropinion  in  the  circuit  court. 
United  Stales  v.  Daniel,  6  Wheat  642 ;  6  Cond.  Rep.  170. 

On  a  trial  of  a  vnrit  of  right  in  the  circuit  court  of  Kentuckr,  the  judges  of  the  court  differed  in  opin. 
ion  on  questions  as  to  the  constitutionality  of  certain  laws  or  Kentnckv,  giving  to  occupying  claimanta 
of  land,  the  value  of  their  improvementa.  The  questions  were  certified  to  the  supreme  court  Green  v. 
BIddle,  8  Wheat  1 ;  6  Cond.  Rep.  369. 

The  question  certified  from  the  circuit  court  of  Maryland,  in  this  case,  was  on  a  motion  to  instruct  the 
lury,  that,  on  the  whole  evidence,  the  plalntifis  cannot  sustain  their  demand.    All  the  evidence  given  on 
.he  trial  of  the  cause  was  before  the  supreme  court.    The  supreme  court  certified  their  opinion  to  the 
circuit  court.    Willinks  c.  Hollingsworth,  6  Wheat  240 ;  6  Cond.  Rep.  79. 

This  was  a  case  certified  from  the  circuit  court  of  New  Jersey.  The  question  on  which  the  court  was 
divided  was,  whether  on  the  special  pleadings  and  demurrer,  an  alteration  in  the  bond  of  a  collector  of 
taxes,  made  without  the  knowledge  of  his  surety,  by  which  the  collector  was  appointed  for  nine  instead 
of  eight  townships,  discharged  the  snrety  from  liability  for  taxes  collected  after  the  alteration  was  made. 
Miller  v.  Stewart,  9  Wheat  680;  5  Cond.  Rep.  727. 

This  cause  was  certified  from  the  circuit  court  of  the  district  of  Kentucky,  upon  a  division  of  opinion 
between  the  judges  of  that  court,  on  several  questions  which  occurred,  on  a  motion  made  by  the  plain- 
tiff, to  quash  the  marshal's  return  on  an  execution  issued  on  a  judgment  obtained  in  that  court  on  a  replevin 
bond ;  and  also  to  ({uash  the  replevin  bond  taken  on  the  execution,  for  the  causes  assigned  in  the  motion. 
The  court  divided  in  opinion  on  the  pointa  stated  in  the  motion,  and  the  same  were  certified  to  the  su- 
preme court.    Waymsn  et  al.  v.  Soatnard,  10  Whent.  1 ;  6  Cond.  Rep.  1. 


th( 


SEVENTH  CONGRESS.    Sess.  I.  Cu.  31.     1802.  IGl 

the  opinion  of  the  court,  farther  proceedings  can  be  had  without  preju-  Imprisonment, 

dice  to  the  merits :  and  provided  also,  that  imprisonment  shall  not  be  ^'  °°^  *®  **« 

allowed,  nor  punishment  in  any  case  be  inflicted,  where  the  judges  of  ihe'court  it  dU 

the  mid  court  are  divided  in  opinion  upon  the  question  touching  the  Tided. 
said  imprisonment  or  punishment 

Tbe  defendants,  Kelly  and  others,  were  indicted  in  the  circuit  court  of  PennaTlvania,  for  feloniously 
endeaToiirinff  to  make  a  reTolt  on  the  high  seas,  on  board  of  a  merchant  vessel  of  the  United  States. 
They  were  round  guiltf ;  and  their  counsel  moTod  to  arrest  the  judgment,  on  the  ground,  <<that  the  act 
of  Congress  does  not  define  the  offence  of  making  a  revolt,  and  that  it  was  not  competent  to  the  court  to 
give  &  judicial  definition  of  a  crime  heretofore  unknown."  The  opinions  of  the  judges  of  the  circuit 
court  were  dirided  on  this  motion,  and  the  same  was  certified  to  the  supreme  court*  United  States  v. 
KeUy  et  al.,  11  Wheat  417  ;  6  Cond.  Rep.  370. 

An  action  of  general  indebitatus  assumpsit,  was  brought  in  the  circuit  court  of  Ohio,  for  work,  labour 
and  aerrices  in  ex|doring  and  surveying  lands,  showinff  and  sellinff  them,  investigating  titles,  and  pa^jring 
taxes,  fcc.  The  plaintiff  also  filed  an  additional  bill  of  particulars,  stating  other  services.  The  jury 
found  a  verdict  for  the  plaintiff,  « if,  on  points  reserved,  the  court  should  be  of  opinion  that  the  law  is  for 
the  plaintiff;  if  not,  for  the  defendant."  The  opinions  of  the  judges  being  opposed,  the  cause  was 
removed  to  the  supreme  court,  upon  a  certificate  of  disagreement  upon  points  stated,  and  the  special 
verdict.  The  pointa  were,  that  the  whole  evidence  and  certainMetters,  show  a  subsisting  and  open  agree- 
ment at  the  time  of  action  brought ;  that  the  whole  evidence  constitutes  a  special  agreement,  fcc;  that 
the  plaintiff  cannot  recover  on  two  items  of  the  account,  ftc.  The  supreme  court  held  the  points  imper. 
feetly  stated,  and  refused  to  give  a  certificate  of  their  opinion.  Perkins  v.  Hart*s  Ez'r,  11  Wheat.  237 ; 
6  Cond.  Rep.  887. 

In  this  ease,  the  judges  of  the  circuit  court  of  West  Tennessee,  aller  a  judgment  rendered  in  the 
eomt,  divided  in  opmion  as  to  the  amount  of  the  surety  bond  to  be  given  by  the  pvty  who  applied 
fi»r  a  writ  of  error;  whereupon  the  division  was  certified  to  the  supreme  court.  The  court  were  of 
opinion,  that  it  had  no  jurisdiction  of  the  question  on  which  the  opinions  of  the  judges  of  the  circuit 
court  were  opposed ;  the  division  of  opinion  having  arisen  after  a  decision  of  the  cause,  in  the  court 
below.  It  was  certified,  accordingly,  to  the  circuit  court.  Deveroauz  v,  Marr,  12  Wheat.  212;  6  Cond. 
Rep.  622. 

In  this  case,  an  action  of  debt  was  brought  in  the  circuit  court  of  Rhode  Island,  on  two  bonds  given, 
conditioned  that  N.  H.  should  remain  a  true  prisoner  within  the  limits  of  the  prison.  The  defendant 
pleaded  a  discharge  from  imprisonment  by  an  act  of  the  legislature  of  Rhode  Island.  The  judges  of  the 
circuit oonrt  were  opposed  in  opinion,  as  to  the  validity  of  the  discharge;  and  the  same  was  certified  to 
the  supreme  court.    Mason  v.  Haile,  12  Wheat.  370 ;  6  Cond.  Rep.  635. 

An  action  was  instituted  in  the  circuit  court  of  the  United  States  for  the  southern  district  of  New  York, 
against  the  drawer,  upon  nine  several  bills  of  exchange,  and  a  verdict  was  taken  for  the  plaintiffs,  subject 
to  the  opinion  of  the  court,  on  a  case  agreed.  The  judges  of  the  circuit  court  beiuff  divided  in  opinion 
upon  certain  points,  the  same  was  certified  to  the  supreme  court.  The  case  stated  formed  a  part  of  the 
record  sent  up  to  the  supreme  court.  The  supreme  court  directed  the  opinion  of  the  court  to  be  certified 
on  each  of  the  points,  on  which  the  judges  or  the  circuit  court  had  been  divided  in  opinion ;  and  which 
were  argued  before  it.    Schimmelpennich  et  al.  v.  Bayard  et  al.,  1  Peters;  264. 

This  case  came  before  the  court  on  a  certificate  or  a  division  of  opinion  between  the  judges  of  the 
circuit  court  of  the  southern  district  of  New  York ;  the  court  having  divided  in  opinion  on  a  motion  for 
execution,  after  a  verdict  against  the  sureties  of  a  postmaster,  for  Uie  plaintiff.  The  circuit  court  directed 
the  questions  which  arose  on  the  motion,  and  on  which  they  had  differed,  to  be  certified  to  the  supreme 
court.    Dox  et  al.  v.  The  Postmaster  General,  1  Peters,  318. 

An  action  was  instituted  in  the  circuit  court  of  Kentucky  on  a  promissory  note,  by  the  Bank  of  the 
United  States :  and  the  defendants  filed  a  plea,  setting  forth  circumstances  which  brought  up  the  cjuestion 
of  usury,  in  the  discounting  of  Uie  note.  The  plaintiffs  demurred ;  and  the  judges  of  the  circuit  court 
differed  in  opinion  on  the  questions  raised  by  the  pleadings:  1.  Whether  the  facts  set  forth  in  the  plea, 
made  out  a  case  of  usury.  2.  Whether,  if  there  was  usury  in  the  case,  the  note  is  invalid,  so  that  no 
recovery  can  be  had  thereon.  3.  Whether,  if  not  wholly  void,  a  part  of  the  note  can  be  recovered. 
Bank  of  the  United  Sutes  «.  Owens  and  others,  2  Peters,  627. 

Action  on  a  bill  of  exchange.  A  judgment  was  confessed  on  a  case  stated,  subject  to  the  opinion  of 
the  court,  whethor  the  court  had  jurisdiction  of  the  suit.  The  judges  differed  in  opinion,  and  the  quen- 
tioB  on  which  ^ey  divided  was  certified  to  the  supreme  court  Buckner  o.  Finley  and  Van  Loar,  2 
Peters,  586. 

A  vrrit  of  right  was  brought  in  the  circuit  court  of  the  southern  district  of  New  York,  and  the  judges 
of  the  court  were  opposed  in  opinion  on  questions  presented  in  the  trial  of  the  cause,  on  the  pleadings, 
and  on  the  merits.  The  recoro  contained  all  the  pleadines,  and  the  evidence  given  on  the  trial ;  and  the 
questions  on  wtdch  the  judges  were  opposed  were  certified  to  the  supreme  court.  Inglis  v.  The  Trus. 
tees  of  the  Sailor's  Snu^  Harbor,  3  Peters,  99. 

The  questions  on  which  the  judges  of  the  circuit  court  of  North  Carolina  were  opposed  in  opinion, 
arose  in  an  action  instituted  against  the  defendant,  to  recover  damages  for  neglecting  to  institute  a  suit 
against  the  indorser  of  a  promissory  note,  until  after  the  remedy  was  barred  by  the  statute  of  limitations. 
The  question  certified  to  the  supreme  court,  arose  on  the  finding  of  the  jury  for  the  plaintiff,  subject  to 
the  opinion  of  the  court,  whether  the  statute  of  limitations  was  not  a  bar  to  the  plaintiff's  action  against 
the  defendant.    Wilcox  et  al.  v.  The  EVrs  of  Plummer,  4  Peters,  172. 

On  inspecting  the  record,  it  was  perceived  that  the  judges  of  the  circuit  court  of  Rhode  Island,  instead 
of  dividing  on  one  or  more  points,  had  divided  on  the  whole  case,  and  had  directed  the  whole  case  to  be 
certified  to  the  supreme  court.  Considering  this  as  irregular,  the  supreme  court  directed  the  cause  to  be 
remanded  to  the  circuit  court,  that  further  proceedings  may  be  had  therein  according  to  law.  Saunders 
V.  Gould,  4  Peters,  392. 

A  bill  was  filed  on  -the  equity  side  of  the  circuit  court  of  Virginia,  and  the  judges  were  opposed  in 
opinion  on  questions  arising  in  the  case,  as  to  the  appropriation  and  distribution  of  the  assets  of  the 
Vol.  II.— 21  o  2 


162  SEVENTH  CONGRESS.    Se&s.  I.  Ch.  31.     1802. 

North  Caroli-        Sec.  7.  And  he  it  further  enacted,  That  the  district  of  North  Caro- 

videffiro^three    ^*°*  ^^^^  ^  divided  into  three  districts,  one  to  consist  of  all  that  part 

dutricu.  thereof  which,  by  the  laws  of  the  state  of  North  Carolina,  now  forms  the 

districts  of  Edeuton  and  Halifax,  which  district  shall  be  called  the  dis- 

estate  of  a  testator.    These  questions  were  certified  to  the  sapremo  court    Backhouse  v.  Patton,  5 
Peters,  160. 

In  an  action  on  a  bond  to  the  United  States,  the  judges  of  the  circuit  court  of  Maryland  were  divided 
in  opinion  as  to  the  right  of  the  plaintiffs  to  recover  against  the  defendants  as  sureties  for  a  debt  due  to 
the  United  States,  by  the  Bank  of  Somerset.    United  States  v.  Robertson,  6  Peters,  641. 

An  action  of  debt  was  brought  on  a  promissory  note  in  the  circuit  court  for  the  district  of  West  Ten- 
nessee, and  the  judses  of  the  court  were  opposed  in  opinion  on  questions  which  arose  on  the  plaintiff's 
demurrers  to  the  defendant's  pleas ;  and  also  whether  the  averment  of  the  citizenship  of  some  of  the 
parties  to  the  suit  was  sufficient.  A  certificate  of  this  division  of  opinion  was,  by  the  direction  of  the 
circuit  court,  made  to  the  supreme  court,  according  to  law.     Kirkman  v.  Hamilton,  6  Peters,  20. 

The  judges  of  the  circuit  court  of  North  Carolina  were  opposed  in  opinion,  on  a  question,  whether 
the  priority  to  which  the  United  States  are  entitled  in  case  of  a  general  assignment  made  by  a  debtor, 
comprehends  a  bond  for  duties  executed  anterior  to  the  assignment,  but  not  payable  until  after  the  same. 
The  question  was  certified  to  the  supreme  court.  United  Sutes  v.  The  State  Bank  of  North  Carolina,  6 
Peters,  29. 

In  this  case  the  defendant  was  indicted  and  convicted  of  robbing  the  United  States*  mail,  and  being 
pardoned  by  the  President  of  the  United  States,  a  question  arose  in  Uie  circuit  court  of  the  United  SUtes, 
whether  the  defendant  should  plead  the  pardon.  On  this  question  the  judges  of  the  court  were  opposed 
in  opinion,  and  the  question  was  certifiea  to  the  supreme  court,  for  its  decision.  United  States  v.  Wilson, 
7  Peters,  150. 

This  case  was  submitted  to  the  circuit  court,  on  a  statement  of  facts  agreed  upon  by  the  counsel  of  the 
plaintiff,  and  the  district  attorney  of  the  United  States.  The  whole  of  the  agreed  facts  were  sent  up  with 
the  record.  Upon  the  trial  and  statement  of  facts  in  the  cause,  certain  questions  had  occurred,  on  which 
the  opinions  of^the  judges  were  opposed:  and  the  points  of  disagreement  were  certified  to  the  supremo 
court  for  their  decision.  The  court  decided  on  all  the  questions  certified,  with  one  exception.  Harris  v, 
Elliott,  10  Peters,  25. 

An  action  of  assumpsit  was  commenced  by  the  plaintiff  against  the  coUector  of  the  port  of  New  York, 
to  recover  a  sum  paid  to  him  for  duties  on  certain  goods ;  the  goods  not  being  liable,  under  the  law,  to 
the  duties  charged  by  the  collector.  On  the  triafof  the  cause,  the  judges  of  the  circuit  court  of  the 
southern  district  of  New  York  were  opposed  in  opinion,  as  to  the  construction  of  the  act  of  Con- 
gress, by  which  the  duties  were  claimea;  and  being  so  opposed  in  opinion,  the  question  as  to  the 
construction  of  the  law  was  certified  to  the  supreme  court  for  decision.  £lliott  v.  Swartwout,  10  Peters, 
137. 

An  action  of  detinue  was  instituted  in  the  circuit  court  of  West  Tennessee,  to  recover  a  slave.  Dur- 
ing the  progress  of  the  suit,  the  defendant  died ;  and  his  personal  representative  moved  to  dismiss 
the  suit,  on  the  ground  that  it  did  not  survive.  On  this  motion,  the  judges  of  the  court  were  divided 
in  opinion ;  and  the  same  was  certified,  for  its  decision,  to  the  supreme  court.  Davis  v.  Braden,  10 
Peters,  286. 

A  question,  whether  a  plaintiff  in  ejectment  shall  be  permitted  to  enlar;^  the  term  in  the  demise,  is 
one  within  the  discretion  of  the  court,  to  which  the  motion  for  the  purpose  is  submitted ;  and  it  cannot  be 
certified  to  the  supreme  court,  if  the  judges  of  the  circuit  court  are  divided  in  opinion.  Lanning's  Les- 
see v.  Vaughan  et  al.,  10  Peters,  366. 

Questions  respecting  the  practice  of  the  circuit  court  in  equity  cases,  which  depend  on  the  sound  dis- 
cretion of  the  court,  in  the  application  of  the  rules  which  regulate  the  course  of^  equity  proceedings,  to 
the  circumstances  of  such  particular  case ;  are  not  questions  which  can  be  certified,  on  a  division  of 
opinion  of  the  circuit  court.    Packer  v.  Nixon,  10  Peters,  408. 

The  questions  certified  to  the  supreme  court  were,  whether,  on  certain  facts  which  were  in  evidence 
in  the  cause,  the  deed  was  admissible  in  evidence,  under  the  acts  of  the  legislatures  of  North  Carolina 
and  Tennessee ;  and  whetlier  certain  evidence,  which  was  given  on  the  trial,  did  or  did  not  conduce  to 
prove  that  the  defendants  purchased  under  a  particular  person.  On  these  questions,  the  judges  of  the 
circuit  court  of  Tennessee  were  opposed  in  opinion :  and  the  same  werie  certified,  and  answered  by  the 
supreme  court.    Dcnn,  Lessee  of  Scott  c.  Reid  et  al.,  10  Peters,  524. 

An  action  of  debt  was  instituted  on  an  act  of  the  legislature  of  New  York,  to  recover  certain  penalties, 
for  bringing  into  the  state  of  New  York  certain  paupers,  in  violation  of  the  provisions  of  the  act.  The 
declaration  set  out  the  law  of  New  York,  and  the  breach  of  its  provisions,  by  the  defendant.  The  de- 
fendant demurred  to  the  declaration,  and  the  plaintiff  joined  in  the  demurrer.  The  judges  of  the  circuit 
court  of  the  southern  district  of  New  York  were  opposed  in  opinion  on  the  question ;  whether  the  act 
of  the  legislature  of  New  York,  mentioned  in  the  declaration,  assumes  to  regulate  commerce  between 
the  port  of  New  York  and  foreign  ports.  This  was  certified  to  the  supreme  court.  City  of  New  York  v. 
Milne,  11  Peters,  102. 

The  defendant  was  indicted  for  forging  a  bill  of  the  Bank  of  the  United  States ;  and  the  judges  of  the 
circuit  court  of  the  United  States  for  the  Pennsylvania  district,  being  opposed  in  opinion,  whether  the 
same  was  a  bill  of  the  Bank  of  the  United  States,  according  to  the  eighteenth  section  of  tiie  act,  granting 
a  charter  to  the  bank ;  the  same,  with  the  indictment,  was  certified  to  the  supreme  court  for  its  decision. 
United  SUtes  v.  Brewster,  7  Peters,  164. 

The  opinions  of  the  judges  of  the  circuit  court  of  Pennsylvania  were  opposed  in  opinion,  on  a  question 
arising  on  a  demurrer,  by  the  United  States,  to  a  plea  of  autre  fois  acquit,  to  an  indictment  for  passing  a 
counterfeit  bank  note  of  the  Bank  of  the  United  States ;  and  the  same  was  certified  to  the  supreme  court. 
United  Sutes  o.  Randenbush,  8  Peters,  288. 

The  judges  of  the  circuit  court  of  Massachusetts  were  opposed  in  opinion  on  five  points  which  arose 
on  the  trial,  before  a  jnijt  of  the  cause ;  and  they  were,  witn  all  the  evidence,  certified  to  the  supreme 
court  for  Its  decision.    Carrington  et  al.  v.  The  Merchants*  Ins.  Co.,  8  Peters,  495. 


SEVENTH  CONGRESS.    Sess.  I.  Ch.  31.    1802. 


163 


trictof  AJbemarle,  and  a  district  court  in  and  for  the  same  shall  be 
holden  at  Edenton  by  the  district  judge  of  North  Carolina,  on  the  third 
Tuesday  in  April,  on  the  third  Tue^ay  in  August,  and  on  the  third 
Tuesday  in  December,  in  each  and  every  year ;  one  other  to  be  called 
the  district  of  Pamptico,  and  to  consist  of  all  that  part  of  North  Carolina 
which  by  the  laws  of  the  said  state  now  forms  the  districts  of  Newbern 
and  Hillsborough,  together  with  all  that  part  of  the  district  of  Wilming- 
ton which  lies  to  the  northward  and  eastward  of  New  river ;  for  which 
district  of  Pamptico,  a  district  court  shall  be  holden  at  Newbern  by  the 
district  judge  last  aforesaid  on  the  second  Tuesday  in  April,  on  the 
second  Tu^ay  in  August,  and  on  the  second  Tuesday  in  December  in 
each  and  every  year ;  and  one  other  to  consist  of  the  remaining  part  of 
the  said  district  of  North  Carolina,  and  to  be  called  the  district  of  Cape 
Fear,  in  and  for  which  a  district  court  shall  be  holden  at  Wilmington 
by  the  district  judge  last  aforesaid,  on  the  first  Tuesday  in  April,  on  the 
first  Tuesday  in  August,  and  on  the  first  Tuesday  iir  December,  in  each 
and  every  year ;  which  said  district  courts  hereby  directed  to  be  holden 
shall  respectively  have  and  exercise  within  their  several  districts,  the 
same  powers,  authority  and  jurisdiction,  which  are  vested  by  law  in  the 
district  courts  of  the  United  States. 

Sec.  8.  And  be  it  further  enacted.  That  the  circuit  court  and  district 
courts  for  the  district  of  North  Carolina  shall  appoint  clerks  for  the  said 
courts  respectively,  which  clerks  shall  reside  and  keep  the  records  of  the 
said  courts  at  the  places  of  holding  the  courts  whereto  they  shall  re- 
flectively belong,  and  shall  perform  the  same  duties  and  be  entitled  to 
and  receive  the  same  emoluments  and  fees,  respectively,  which  are  by 
law  established  for  the  clerks  of  the  circuit  and  district  courts  of  the 
United  States  respectively. 

Sec.  9.  And  be  it  Jvrther  enacted,  That  all  actions,  causes,  pleas, 
process  and  other  proceedings  relative  to  any  cause,  civil  or  criminal, 
which  shall  be  returnable  to,  or  depending  in  the  several  circuit  or  dis- 
trict courts  of  the  United  States  on  the  first  day  of  July  next,  shall  be 
and  are  hereby  declared  to  be  respectively  transferred,  returned  and 
continued  to  the  several  circuit  and  district  courts  constituted  by  this  act, 
at  the  times  herein  before  and  herein  after  appointed  for  the  holding  of 
each  of  the  said  courts,  and  shall  be  heard,  tried  and  determined  therein 
in  the  same  manner  and  with  the  same  effect,  as  if  no  change  had  been 
made  in  the  said  courts.  And  it  shaU  be  the  duty  of  the  clerk  of  each 
and  every  court  hereby  constituted,  to  receive  and  to  take  into  his  safe 
keeping  the  writs,  process,  pleas,  proceedings  and  papers  of  all  those 
causes  and  actions  which  by  this  act  shall  be  transferred,  returned  or 
continued  to  such  court,  and  also  all  the  records  and  office  papers  of 
every  kind  respectively  belonging  to  the  courts  abolished  by  the  repeal 
of  the  act,  intituled  "An  act  to  provide  for  the  more  convenient  organi- 
zation of  the  courts  of  the  United  States,"  and  from  which  the  said 
causes  shaU  have  been  transferred  as  aforesaid. 

Sec.  10.  And  be  it  farther  enacted.  That  all  suits,  process,  pleadings 
and  other  proceedings,  of  what  nature  or  kind  soever,  depending  in  the 
circuit  court  in  the  district  of  Ohio,  and  which  shall  have  been,  or  may 
hereafter  be  commenced  within  the  territory  of  the  United  States  north- 
west of  the  river  Ohio,  in  the  said  court,  shall,  from  and  after  the  first 
day  of  July  next,  be  continued  over,  returned,  and  made  cognizable,  in 
the  superior  court  of  the  said  territory  next  thereafter  to  be  holden,  and 
all  actions,  suits,  process,  pleadings,  and  other  proceedings  as  aforesaid 
depending  in  the  circuit  court  of  the  said  district,  and  which  shall  have 
been  or  may  hereafter  be  commenced  within  the  Indiana  territory  in 
said  couit,  shall,  from  and  after  the  first  day  of  July  next,  be  continued 
over,  returned  and  made  cognizable  in  the  superior  court  of  the  said 
Indiana  territory,  next  thereafter  to  be  holden. 


Names  of  the 
districts. 

Act  of  Feb. 
ruary  4,  1807, 
ch.  5,  sec.  2. 

Vol.  i.  p.  217, 
253,  618. 


District  of  Cape 
Fear  court  to  be 
holden  at  WiU 
mington. 

Act  of  Feb. 
ruary  4,  1807, 
ch.  6,  sec.  2. 


Circuit  and 
district  courts 
for  North  Caro- 
lina  to  appoint 
their  clerks. 

Where  they 
shall  reside  and 
keep  their  rc- 
coras. 

Their  duties, 
fees  and  emolu- 
ments. 

Continuance 
of  suits  depend- 
ing in  the  cir- 
cuit  courts  ou 
the  first  day  of 
July,  1802. 


The  clerks  to 
take  charge  of 
all  wriu,  &c. 


Suits  depend- 
ing in  the  cir- 
cuit court  in 
the  district  of 
Ohio,  and  in  the 
territory  of  In- 
diana to  be  con- 
tinued over. 


fi94. 


164 


SEVENTH  CONGRESS.    Sess.  I.  Ch.  31.     1S02. 


Cognisance  of 
proceedingf  un- 
der commis. 
siont  of  bank- 
ruptcy in  cer- 
tain caaes. 

Act  of  Feb- 
ruary 13,  1801, 
ch.  4. 


Salariea  of  the 
diitrict  ludgea 
of  Kentucky  and 
Tennesaee. 

Vol.  i.  p.  496. 

Act   or   Sep- 
tember 24, 1789, 
ch.  20.    Act  of 
January   31, 
1797,  ch.  2. 

Certain    mar- 
■hals  and  attor- 
niea   may   be 
continued. 

Act  of  Feb- 
ruary 13,  1801, 
ch.4. 

President   to 
discontinue 
others. 


Act  of  Feb- 
ruary 13,  1801, 
ch.4. 

Marshal's  pow- 
ers and  duties. 

Marshals  and 
attornies  dis- 
continued, to 
deliver    over 
papers,  &c. 


General  com- 
missioners  of 
bankruptcy. 

Proceedings 
upon  a  petition 
for  a    commis- 
sion   of    bank- 
ruptcy. 

Act  of  April 
4,  1800,  ch.  19. 
sec.  2. 

Allowance  to 
the  commission* 
era  and  clerk. 

To  be  appor- 
tioned out  of  the 
bankrupt's  pro- 


"U 


^Tho  may  bo, 
or  are  commis- 
sioners already 
appointed. 

In    certain 
cases  to  finish 
the  business  of 
their    appoint 
ments. 


Sec.  11.  And  be  it  further  enacted,  That  in  all  cases  in  which  pro- 
ceedings shall,  on  the  said  first  day  of  July  next,  be  pending  under  a 
commission  of  bankruptcy  issued  in  pursuance  of  the  aforesaid  act,  in- 
tituled "  An  act  to  provide  for  the  more  convenient  organization  of  the 
courts  of  the  United  States,"  the  cognizance  of  the  same  shall  be,  and 
hereby  is  transferred  to,  and  vested  in,  the  district  judge  of  the  district 
within  which  such  commission  shall  have  issued,  who  is  hereby  empow- 
ered to  proceed  therein  in  the  same  manner  and  to  the  same  effect,  as 
if  such  commission  of  bankruptcy  had  been  issued  by  his  order. 

Sec.  12.  And  he  it  further  enacted.  That  from  and  dler  the  first 
day  of  July  next,  the  district  judges  of  Kentucky  and  Tennessee  shall  be 
and  hereby  are  severally  entitled  to  a  salary  of  fifteen  hundred  dollars, 
annually,  to  be  paid  quarter-yearly  at  the  treasury  of  the  United  States. 
Sec  13.  And  be  it  further  enacted,  That  the  marslials  and  attornies 
of  the  United  States,  for  the  districts  which  were  not  divided,  or  within 
the  limits  of  which,  new  districts  were  not  erected,  by  the  act  intituled 
''An  act  to  provide  for  the  more  convenient  organization  of  the  courts 
of  the  United  States,"  passed  the  thirteenth  day  of  February,  one  thou- 
sand eight  hundred  and  one,  shall  continue  to  be  marshals  and  attornies 
for  such  districts  respectively,  unless  removed  by  the  President  of  the 
United  States,  and  in  all  other  districts  which  were  divided  or  within 
the  limits  of  which  new  districts  were  erected  by  the  last  recited  act, 
the  President  of  the  United  States  be  and  hereby  is  empowered  from 
and  afler  the  first  day  of  July  next  to  discontinue  all  such  supernumerary 
marshals  and  district  attornies  of  the  United  States  in  such  districts 
respectively  as  he  shall*  deem  expedient,  so  that  there  shall  be  but  one 
marshal  and  district  attorney  to  each  district ;  and  every  marshal  and 
district  attorney  who  shall  be  continued  in  office,  or  appointed  by  the 
President  of  the  United  States  in  such  districts,  shall  have  and  exercise 
the  same  powers,  perform  the  same  duties,  give  the  same  bond  with 
sureties,  take  the  same  oath,  be  subject  to  the  same  penalties  and  regu- 
lations as  are,  or  may  be  prescribed  by  law,  in  respect  to  the  marshals 
and  district  attornies  of  the  United  States.  And  every  marshal  and 
district  attorney  who  shall  be  so  discontinued  as  aforesaid  shall  be  holden 
to  deliver  over  all  papers,  matters  and  things  in  relation  to  their  respec- 
tive offices,  to  such  marshals  and  district  attornies  respectively  who  shall 
be  so  continued  or  appointed  as  aforesaid  in  such  district,  in  the  same 
manner  as  is  required  by  law  in  cases  of  resignation  or  removal  from 
office. 

Sec  14.  And  be  it  further  enacted,  That  there  shall  be  appointed  by 
the  President  of  the  United  States,  from  time  to  time,  as  many  generid 
commissioners  of  bankruptcy,  in  each  district  of  the  United  States,  as 
he  may  deem  necessary :  and  upon  petition  to  the  judge  of  a  district 
court  for  a  commission  of  bankruptcy  he  shall  proceed  as  is  provided  in 
and  by  an  act,  intituled  '*  An  act  to  establish  an  uniform  system  of  bank- 
ruptcy throughout  the  United  States,"  and  appoint,  not  exceeding  three 
of  the  said '  general  commissioners  as  commissioners  of  the  particular 
bankrupt  petitioned  against ;  and  the  said  commissioners,  together  with 
the  clerk,  shall  each  l^  allowed  as  a  full  compensation  for  their  services, 
when  sitting  and  acting  under  their  commissions,  at  the  rate  of  six  dol- 
lars per  day  for  every  day  which  they  may  be  employed  in  the  same 
business,  to  be  apportioned  among  the  several  causes  on  which  they 
may  act  on  the  same  day,  and  to  be  paid  out  of  the  respective  bankrupt's 
estates :  Provided,  that  the  commissioners,  who  may  have  been,  or  may 
be  appointed  in  any  district  before  notice  shall  be  given  of  the  af^int- 
ment  of  commissioners  for  such  district  by  the  President  in  pursuance 
of  this  act,  and  who  shall  not  then  have  completed  their  business,  shall 
be  authorized  to  proceed  and  finish  the  same,  upon  the  terms  of  their 
original  appointment. 


SEVENTH  CONGRESS.    Sess.  I.  Cu.  31.     1802. 


165 


Sbc.  15.  And  be  it  farther  enacted,  That  the  stated  session  of  the 
district  coart,  for  the  district  of  Virginia,  heretofore  directed  to  be 
holden  in  the  city  of  Williamsburg  shall  be  holden  in  the  town  of  Norfolk 
from  and  after  the  first  day  of  July  next,  and  the  stated  sessions  of  the 
district  court  for  the  district  of  Maryland,  shall  hereafter  be  holden  in 
the  city  of  Baltimore  only,  and  in  the  district  of  Georgia,  the  stated 
sessions  of  the  district  court  shall  be  held  in  the  city  of  Savannah  only. 

Sec.  16.  And  he  it  farther  enacted,  That  for  the  better  establish- 
ment of  the  courts  of  the  United  States  within  the  state  of  Tennessee, 
the  said  state  shall  be  divided  in  two  districts,  one  to  consist  of  that  part 
of  said  state,  which  lies  on  the  east  side  of  Cumberland  mountain,  and 
to  be  called  the  district  of  East  Tennessee,  the  other  to  consist  of  the 
remaining  part  of  said  state,  and  to  be  called  the  district  of  West 
Tennessee. 

Sec.  17.  And  be  it  farther  enacted.  That  the  district  judge  of  the 
United  States,  who  shall  hereafter  perform  the  duties  of  district  judge, 
within  the  state  of  Tennessee,  shall  annually  hold  four  sessions,  two  at 
Knoxville,  on  the  fourth  Monday  of  April,  and  the  fourth  Monday  of 
October,  in  and  for  the  district  of  East  Tennessee,  and  two  at  NashviDe, 
on  the  fourth  Monday  of  May,  and  the  fourth  Monday  of  November,  in 
and  for  the  district  of  West  Tennessee. 

Sec.  18.  And  be  it  farther  enacted.  That  there  shall  be  a  clerk  for 
each  of  the  said  districts  of  East  and  West  Tennessee,  to  be  appointed 
by  the  judge  thereof,  who  shall  reside  and  keep  the  records  of  the  said 
courts,  at  the  places  of  holding  the  courts,  whereto  they  respectively 
shall  belong,  and  shall  perform  the  same  duties,  and  be  entitled  to,  and 
receive  the  same  emoluments  and  fees,  which  are  established  by  law  for 
the  clerks  of  the  district  courts  of  the  United  States,  respectively. 

Sec  19.  And  be  it  farther  enacted,  That  there  shall  be  appointed, 
in  and  for  each  of  the  districts  of  East  and  West  Tennessee,  a  marshal, 
whose  duty  it  shall  be  to  attend  the  district  courts  hereby  established, 
and  who  shall  have  and  exercise  within  such  district,  the  same  powers, 
perform  the  same  duties,  be  subject  to  the  same  penalties,  give  the  same 
bond  with  sureties,  take  the  same  oath,  be  entitled  to  the  same  allow- 
ance, as  a  full  compensation  for  all  extra  services,  as  hath  heretofore 
been  allowed  to  the  marshal  of  the  district  of  Tennessee,  by  a  law,passed 
the  twenty-eighth  day  of  February,  one  thousand  seven  hundred  and 
ninety-nine,  and  shall  receive  the  same  compensation  and  emoluments, 
and  in  all  respects  be  subject  to  the  same  regulations  as  are  now  pre- 
scribed by  law,  in  respect  to  the  marshals  of  the  United  States,  hereto- 
fore appointed :  Provided,  that  the  marshals  of  the  districts  of  East 
and  West  Tennessee,  now  in  office,  shall,  during  the  periods  for  which 
they  have  been  appointed,  unless  sooner  removed  by  the  President  of 
the  United  States,  be  and  continue  marshals  for  the  several  districts 
hereby  established,  within  which  they  respectively  reside. 

Sec.  ^.  And  be  it  farther  enacted,  That  there  shall  be  appointed  for 
each  of  the  districts  of  East  and  West  Tennessee,  a  person  learned  in  the 
law,  to  act  as  attorney  for  the  United  States  within  such  district ;  which 
attorney  shall  take  an  oath  or  affirmation  for  the  faithful  performance 
of  the  duties  of  his  office,  and  shall  prosecute  in  such  district,  all  delin- 
quencies, for  crimes  and  offences,  cognizable  under  the  authority  of 
the  United  States,  and  all  civil  actions  or  suits,  in  which  the  United 
States  shall  be  concerned ;  and  shall  be  entitled  to  the  same  allowance, 
as  a  full  compensation  for  all  extra  services,  as  hath  heretofore  been 
aUowed  to  attornies  of  the  district  of  Tennessee,  by  a  law  passed  the 
twenty-eighth  day  of  February,  one  thousand  seven  hundred  and  ninety- 
nine,  and  shall  receive  such  compensation,  emoluments  and  fees,  as  by 
law  are  or  shall  be  allowed  to  the  district  attornies  of  the  United  States, 
respectively :   Provided,  that  the  district  attornies  of  East  and  West 


District  court 
of  Virginia  to  be 
held  at  Norfolk. 


For  Maryland, 
■t  Baltimore. 

For  Georgia,  at 
Savaiinah. 

Bute  of  Ten- 
neasee  divided 
into  two  dis- 
trict!. 


District  judgo 
of  Tennessee  to 
hold  four  annual 
■essions. 

Where. 

Act  of  Feb- 
ruary 24,  1807, 
ch.  16,  sec.  4. 

Clerks  to  be 
appointed  for 
£aJt  and  West 
Tennessee. 

Where  to  re- 
side— ^their  du. 
ties  and  emolu- 
ments. 

Marshals    for 
East  and  West 
Tennessee— 
their  powers, 
duties,     and 
emoluments. 

Act  of  Feb- 
ruary 28,  1799, 
ch.  19,  sec.  4. 


The  present 
marshals  to  con- 
tinue in  office, 
unless  removed 
by  the  Presi- 
dent. 

Attornies  for 
East  and  West 
Tennessee. 

Their    duties 
and  emolu- 
ments. 


16G 


SEVENTH  CONGRESS.    Sbss.  I.  Ch.  31.     1802. 


The  present 
district  attorniei 
to  continue  in 
office,  unless  re- 
moved by  the 
President. 

Proceedings, 
&c.,  depending 
in  the  sixth  cir- 
cuit in  certain 
courts  contin- 
ued   over    to 
others. 


Terms  of  the 
district  court  of 
Maine. 

Annual     ses- 
sion to  be  hold, 
en   on  the  last 
Tuesday  in 
May. 

To  what  time 
proceedings 
therein   are  re- 
turnable. 

District  court 
of  the  U.  States 
to  be  held  in  the 
district  of  Co- 
lumbia. 

Act  of  Feb- 
ruary 27,  1801, 
ch.  15. 

Testimony  of 
witnesses  in 
chancery  suits 
may  be  taken  in 
writing. 


Cases  in  which 
it  shall  not  be 
taken  in  writing. 

Clerk  for  the 
district  court  of 
Norfolk. 

His  place  of 
residence,  du- 
ties and  emolu- 
ments. 

Terms  of  the 
district  court  of 
Vermont. 


Tennessee,  now  in  office,  shall  severally  and  respectively  be  attomies 
for  those  districts  within  which  they  reside,  until  removed  by  the  Presi- 
dent of  the  United  States. 

Sec.  21 .  And  be  it  Jurther  enacted,  That  all  actions,  suits,  process, 
pleadings  and  proceedings,  of  what  nature  or  kind  soever,  which  shall 
be  depending  or  existing  in  the  sixth  circuit  of  the  United  States  within 
the  circuit  courts  of  the  districts  of  East  and  West  Tennessee,  shall  be 
and  hereby  are  continued  over  to  the  district  courts  established  by  this 
act  in  manner  following,  that  is  to  say  :  All  such  as  shall  on  the  first 
day  of  July  next,  be  depending  and  undetermined,  or  shall  then  have 
been  commenced,  and  made  returnable  before  the  circuit  court  of  East 
Tennessee,  to  the  next  district  court  hereby  directed  to  be  holden,  within 
and  for  the  district  of  East  Tennessee ;  dl  such  as  shall  be  depending 
and  undetermined,  or  shall  have  been  commenced  and  made  returnable 
before  the  circuit  court  of  West  Tennessee,  to  the  next  district  court, 
hereby  directed  to  be  holden,  within  and  for  the  district  of  West  Ten- 
nessee, and  all  the  said  suits  shall  then  be  equally  regular  and  effectual, 
and  shall  be  proceeded  in,  in  the  same  manner  as  they  could  have  been 
if  the  law,  authorizing  the  establishment  of  the  sixth  circuit  of  the 
United  States,  had  not  been  repealed. 

Sec.  22.  And  be  it  Jurther  enacted,  That  the  next  session  of  the  dis- 
trict court  for  the  district  of  Maine,  shall  be  holden  on  the  last  Tuesday 
in  May  next ;  and  that  the  session  of  the  said  court  heretofore  holden 
on  the  third  Tuesday  of  June  annually,  shall  thereafter  be  holden^  annu- 
ally, on  the  last  Tuesday  in  May. 

Sec.  23.  And  be  it  further  enacted,  Tliat  all  writs  and  process  which 
shall  have  been  issued,  and  all  recognizances  returnable,  and  all  suits 
and  other  proceedings  which  have  been  continued  to  the  said  district 
court  on  the  third  Tuesday  in  June  next,  shall  be  returned  and  held 
continued  to  the  said  last  Tuesday  of  May  next. 

Sec.  24.  And  be  it  further  enacted.  That  the  chief  judge  of  the  dis- 
trict of  Columbia  shall  hold  a  district  court  of  the  tlnited  States,  in 
and  for  the  said  district,  on  the  first  Tuesday  of  April,  and  on  the  first 
Tuesday  of  October  in  every  year;  which  court  shall  have  and  exercise, 
within  the  said  district,  the  same  powers  and  jurisdiction  which  are  by 
law  vested  in  the  district  courts  of  the  United  States.(<z) 

Sec.  25.  And  be  it  Jurther  enacted,  That  in  all  suits  in  equity,  it  shall 
be  in  the  discretion  of  the  court,  upon  the  request  of  either  party,  to 
order  the  testimony  of  the  witnesses  therein  to  be  taken  by  depositions ; 
which  depositions  shall  be  taken,  in  conformity  to  the  regulations  pre- 
scribed by  law  for  the  courts  of  the  highest  original  jurisdiction  in 
equity,  in  cases  of  a  similar  nature,  in  that  state  in  which  the  court  of 
the  United  States  may  be  holden :  Provided  hmoever,  that  nothing  here- 
in contained  shall  extend  to  the  circuit  courts  which  may  be  holden  in 
those  states,  in  which  testimony  in  chancery  is  not  taken  by  deposi- 
tion.(6) 

Sec  26.  And  be  it  further  enacted.  That  there  shall  be  a  clerk  for 
the  district  court  of  Norfolk,  to  be  appointed  by  the  judge  thereof,  which 
clerk  shall  reside  and  keep  the  records  of  the  said  court  at  Norfolk 
aforesaid,  and  shall  perform  the  same  duties,  and  be  entitled  to,  and 
receive  the  same  fees  and  emoluments  which  are  established  by  law  for 
the  clerks  of  the  district  courts  of  the  United  States. 

Sec  27.  And  be  it  Jurther  enacted,  That  from  and  after  the  first 
day  of  July  next,  there  shall  be  holden,  annually,  in  the  district  of  Ver- 
mont, two  stated  sessions  of  the  district  court,  which  shall  commence 


(a)  See  note  to  act  of  Febmarj  27, 1801,  clup.  16. 

(b)  In  appeals  to  the  rapreme  court  from  the  circuit  coartsin  chancery  cases,  the  parol  testimony  which 
is  heard  in  the  court  below  ought  to  appear  on  the  recotd.    Conn  v.  Penn,  6  Wheat.  484 ;  4  Cond.  Rep. 

716. 


SEVENl'H  CONGRESS.     Sess.  I.  Cu.  32.     1802. 


167 


OQ  the  tenth  day  of  October,  at  Rutland,  and  on  the  seventh  day  of 
May,  at  Windsor,  in  each  year;  and  when  either  of  the  said  days  shall 
happen  on  a  Sunday,  the  said  court,  hereby  directed  to  be  holden  on 
anch  day,  shall  be  holden  on  the  day  next  thereafter. 

Sec.  28,  And  be  it  further  enacted^  That  the  act,  intituled  "An 
act  altering  the  time  of  holding  the  district  court  in  Vermont,"  and  so 
much  of  the  second  section  of  the  act,  intituled  "An  act  giving  effect 
to  the  laws  of  the  United  States  within  the  state  of  Vermont,"  as  pro- 
Tides  for  the  holding  four  sessions,  annually,  of  the  said  district  court, 
in  said  district,  from  and  afler  the  first  day  of  July  next,  be  and  hereby 
are  repealed. 

Sec.  29.  And  he  it  further  enacted.  That  the  clerk  of  the  said  dia- 
trict  court  shall  not  issue  a  process  to  summon,  or  cause  to  be  returned, 
to  any  session  of  the  said  district  court,  a  grand  jury,  unless  by  special 
order  of  the  district  judge,  and  at  the  request  of  the  district  attorney; 
nor  shall  he  cause  to  be  summoned  or  returned,  a  petit  jury  to  such  ses- 
nons  of  the  said  district  court,  in  which  there  shall  appear  to  be  no  issue 
proper  for  the  trial  by  jury,  unless  by  special  order  of  the  judge  as  afore- 
said. And  it  shall  be  the  duty  of  the  circuit  court  in  the  district  of 
Vermont,  at  their  stated  sessions,  to  give  in  charge  to  the  grand  juries, 
all  crimes,  offences  and  misdemeanors,  as  are  cognizable,  as  well  in  the 
said  district  court,  as  the  said  circuit  court,  and  such  bills  of  indict- 
ment as  shall  be  found  in  the  circuit  court,  and  cognizable  in  the  said 
district  court,  shall,  at  the  discretion  of  the  said  circuit  court,  be  trans- 
mitted by  the  clerk  of  the  said  court,  pursuant  to  the  order  of  the  said 
circuit  court,  with  all  matters  and  things  relating  thereto,  to  the  district 
court  next  thereafter  to  be  holden,  in  said  district,  and  the  same  pro- 
ceedings shall  be  had  thereon  in  said  district  court,  as  though  said  biU 
of  indictment  had  originated  and  been  found  in  the  said  district  court. 
And  all  recognizances  of  witnesses,  taken  by  any  magistrate  in  said 
district,  for  their  appearance  to  testify  in  any  case  cognizable  in  either 
of  the  said  courts,  shall  be  to  the  circuit  court  next  thereafter  to  be 
holden  in  said  district 

Sec.  30.  And  be  it  further  enacted.  That  from  and  afler  the  passing 
of  this  act,  no  special  juries  shall  be  returned  by  the  clerks  of  any  of 
the  said  circuit  courts ;  but  that  in  all  cases  in  which  it  was  the  duty 
of  the  said  clerks  to  return  special  juries  before  the  passing  of  this  act, 
it  shall  be  the  duty  of  the  marshal  for  the  district  where  such  circuit 
court  may  be  held,  to  return  special  juries,  in  the  same  manner  and  form, 
as,  by  the  laws  of  the  respective  states,  the  said  clerks  were  required  to 
return  the  same. 

Approted,  April  29,  1802. 


Chap.  XXXIl.^injt 


rovition  for  the  redemption  (f  ihe  whole  tf  the 
ht  of  the  United  SlateM. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  so  much  of  the  duties  on 
merchandise  and  tonnage  as,  together  with  the  monies,  other  than 
surpluses  of  revenue,  which  now  constitute  the  sinking  fund,  or  shall 
accrue  to  it  by  virtue  of  any  provisions  heretofore  made,  and  together 
with  the  sums  annually  required  to  discharge  the  annual  interest  and 
charges  accruing  on  the  present  debt  of  the  United  States,  including 
temporary  loans  heretofore  obtained,  and  also  future  loans  which  may 
be  made  for  reimbursing,  or  redeeming,  any  instalments,  or  parts  of  the 
principal  of  the  said  debt,  will  amount  to  an  annual  sum  of  seven  roil- 
Hona  three  hundred  thousand  dollars,  be,  and  the  same  hereby  is  yearly 
appropriated  to  the  said  fund ;  and  the  said  sums  are  hereby  declared 


Repealing 
clause  concern, 
ing  the  former 
sesaions  of  thii 
court. 

Act  of  March 
22, 1816,  ch. 31. 

See  vol.  i.  p. 
197. 

When  a  grand 
jury  for  the  dis- 
trict court  of 
Vermont  i>  to  be 
■ummoned. 

And 
jury- 


a   petit 


Circuit  court 
ofthe  district  of 
Vermont  to  give 
certain  things  in 
charge  to  the 
grand  juries. 


Special  juries 
to  be  no  longer 
returned  by  the 
clerks. 

Marshals  to 
do  it  in  certain 
cases. 


Statute  I. 

April  29, 1802. 

[Obsolete.] 

Appropriations 
for  the  extin- 
guishment ofthe 
public  debt. 

See  vol.  i.  p. 
138,  218,  279, 
338,  370,  410, 
432,  488,  512, 
662.  Debts 
to  individual 
states,  vol.  i.  p. 
49,  178,  616. 


1C8 


SEVENTH  CONGRESS.    Sbss.  L  Cu.  82.    1802. 


BaloDcet  or 
unexpended  ap- 
propriation,how 
disposed  of. 


Approprift* 
tions,  amoant 
of,  to  be  paid 
each  and  every 
year  by  the  Sec- 
retary   of    the 
Treasarjr  to  the 
commissioners 
of  the  sinking 
fund. 


Reimburse- 
ment of  the  cap- 
ital of  the  pre- 
sent debt  or  the 
United  States, 
including  future 
loans  that  may 
be  made,  and 
payments  on  ac- 
count of  inter- 
est, &c.  to  be 
under  the  direc- 
tion of  the  com- 
missioners  of 
the  sinking 
fund. 

Specific  ap- 
priations  to  oe 
applied  under 
the  direction  of 
the  commission- 


to  be  vested  in  the  commissioners  of  the  sinking  fund,  in  the  same  man- 
ner as  the  monies  heretofore  appr<^riated  to  the  said  fund,  to  be  applied 
by  the  said  commissioners  to  the  payment  of  interest  and  charges,  and 
to  the  reimbursement  or  redemption  of  the  principal  of  the  public  debt, 
and  shall  be  and  continue  appropriated  until  the  whole  of  the  present 
debt  of  the  United  States,  and  the  loans  which  may  be  made  for  re- 
imbursing or  redeeming  any  parts  or  instalments  of  the  principal  of  the 
said  debt  shall  be  reimbursed  and  redeemed :  Providea,  that  after  the 
whole  of  the  said  debt,  the  old  six  per  cent,  stock,  the  deferred  stock, 
the  seventeen  hundred  and  ninety-six  six  per  cent,  stock  and  three  per 
cent,  stock  excepted,  shall  have  been  reimbursed  or  redeemed,  any 
balance  of  the  sums  annually  appropriated  by  this  act,  which  may  remain 
unexpended  at  the  end  of  six  months  next  succeeding  the  end  of  the 
calendar  year  to  which  such  annual  appropriation  refers,  shall  be  carried 
to  the  surplus  fund,  and  cease  to  be  vested  by  virtue  of  this  act  in  the 
commissioners  of  the  sinking  fund,  and  the  appropriation,  so  far  as 
relates  to  such  unexpended  balance,  shall  cease  and  determine. 

Sec.  2.  And  he  it  further  enacted,  That  it  shall  be  the  duty  of  the 
Secretary  of  the  Treasury  annually,  and  in  each  year,  to  cause  to  be  paid 
to  the  commissioners  of  the  sinking  fund  the  said  sum  of  seven  millions 
three  hundred  thousand  dollars,  in  such  payments,  and  at  such  times,  in 
each  year  as  the  situation  of  the  treasury  will  permit :  Provided,  that 
all  such  payments  as  may  be  necessary  to  enable  the  said  commissioners 
to  discharge,  or  reimburse,  any  demands  against  the  United  States,  on 
account  of  the  principal  or  interest  of  the  debt,  which  shall  be  actually 
due,  in  conformity  to  the  engagements  of  the  said  states,  shall  be  made 
at  such  time  and  times,  in  each  year  as  will  enable  the  said  commis- 
sioners faithfully  and  punctually  to  comply  with  such  engagement. 

Sec.  3.  And  he  it  further  enacted,  That  all  reimbursements  of  the 
capital,  or  principal  of  the  present  debt  of  the  United  States,  including 
future  loans  which  may  be  made  for  reimbursing  or  redeeming  any 
instalments,  or  parts  of  the  same,  and  all  payments  on  account  of  the 
interest  and  charges  accruing  upon  the  said  debt  shall  be  made  under 
the  superintendence  of  the  commissioners  of  the  sinking  fund.  And  it 
shall  be  the  duty  of  the  said  commissioners  to  cause  to  be  applied  and 
paid  out  of  the  said  fund,  yearly  and  every  year,  at  the  treasury  of  the 
United  States,  the  several  and  respective  sums  following,  to  wit :  first, 
such  sum  and  sums  as  by  virtue  of  any  act  or  acts,  they  have  heretofore 
been  directed  to  apply  and  to  pay :  secondly,  such  sum  and  sums  as  may 
be  annually  wanted  to  discharge  the  annual  interest  and  charges  accruing 
on  any  other  part  of  the  present  debt  of  the  United  States,  including  the 
interest  and  charges  which  may  accrue  on  future  loans  which  may  be 
made  for  reimbursing  or  redeeming  any  instalments,  or  parts  of  the 
principal  of  the  said  debt :  thirdly,  such  sum  and  sums  as  may  annually  be 
required  to  discharge  any  instalment  or  part  of  the  principal  of  the  pre- 
sent debt  of  the  United  States,  and  of  any  future  loans  which  may  be 
made  for  reimbursing,  or  discharging  the  same,  which  shall  be  actually 
due  and  demandable,  and  which  shaS  not  by  virtue  of  this,  or  any  other 
act,  be  renewed  or  prolonged,  or  reimbursed,  out  of  the  proceeds  of  a 
new  loan :  and  also  it  shall  be  the  duty  of  the  said  commissioners  to 
cause  to  be  applied  the  surplus  of  such  fund  as  may  at  any  time  exist, 
afler  satisfying  the  purposes  aforesaid,  towards  the  further  and  final 
redemption,  by  payment,  or  purchase,  of  the  present  debt  of  the  United 
States,  including  loans  for  the  reimbursement  thereof,  temporary  loans 
heretofore  obtained  from  the  Bank  of  the  United  States,  and  those 
demands  against  the  United  States,  under  any  treaty,  or  convention, 
with  a  foreign  power,  for  the  payment  of  which  the  faith  of  the  United 
States  has  l^en,  or  may  hereafler  be  pledged  by  Congress :  Provided, 
hoteever,  that  the  whole,  or  any  part,  of  such  demands,  arising  under  a 


SEVENTH  CONGRESS.    Sess.  I.  Cii.  32.     1802. 


ie9 


treaty,  or  convention,  with  a  foteiga  power,  and  of  such  temporary  loans, 
may,  at  any  time,  be  reimbarsed,  either  out  of  the  sinking  fund,  or,  if 
the  situation  of  the  treasury  will  permit,  out  of  any  other  monies  which 
have  been,  or  may  hereafter  be,  appropriated  to  that  purpose. 

Sec.  4.  And  be  ii  further  enacted^  That  the  commissioners  of  the 
sinking  fund  be,  and  Uiey  hereby  are  empowered,  with  the  approbation 
of  the  President  of  the  United  States,  to  borrow  on  the  credit  of  the 
United  States,  either  in  America,  or  abroad,  by  obtaining  a  prolongation 
of  former  loans,  or  otherwise,  the  sums  requisite  for  the  payment  of  the 
instalments  or  parts  of  principal  of  the  Dutch  debt,  which  become  due 
in  the  years  one  thousand  eight  hundred  and.  three,  one  thousand  eight 
hundred  and  four,  one  thousand  eight  hundred  and  five,  and  one  thou- 
sand eight  hundred  and  six :  and  that  a  sum  equivalent  to  that  to  be 
thus  borrowed,  or  rdoaned,  shall  be  laid  out  by  the  commissioners  of 
the  sinking  fund,  in  the  purchase  or  redemption  of  such  parts  of  the 
present  debt  of  Uie  United  States,  and  other  demands  against  them,  as 
the  commissioners  of  the  sinking  fund  may  lawfully  pay,  agreeably  to 
the  provisions  herein  before  made,  and  as  the  said  commissioners  shall 
ill  their  judgment  deem  most  expedient,  so  as  to  effect  the  payment 
annually  of  seven  million  three  hundred  thousand  dollars,  towards  the 
final  discharge  of  the  whole  debt,  agreeably  to  such  provision :  Provided, 
That  the  United  States  shall  have  a  right  to  reimburse  any  loan  thus  made 
within  six  years  after  the  date  of  the  same,  and  that  the  rate  of  interest 
thereupon  shall  not  exceed  five  per  centum  per  annum,  nor  the  charges 
thereupon  the  rate  of  five  per  centum  on  the  capital  borrowed  :  And 
provided  edways,  that  the  power  herein  given  shall  not  be  construed  to 
repeal,  diminish,  or  affect  the  power  given  to  the  said  commissioners, 
by  the  tenth  section  of  the  act  intituled  '*An  act  making  further  provi- 
sion for  the  support  of  public  credit,  and  for  the  redemption  of  the  public 
debt,"  to  borrow  certain  sums  for  the  discharge  of  the  instalments  of  the 
capital,  or  principal,  of  the  public  debt,  in  the  manner,  and  on  the  terms 
prescribed  by  the  said  section ;  nor  the  power  given  to  them  by  an  act 
intituled  '<An  act  making  provision  for  the  payment  of  certain  debts  of 
the  United  States,"  to  borrow  certain  sums  and  to  sell  the  shares  of  the 
Bank  of  the  United  States,  belonging  to  the  United  States,  in  the  man- 
ner, on  the  terms,  and  for  the  purposes  authorized  by  the  said  act ;  and 
provided,  further,  that  nothing  herein  contained  shall  be  construed  to 
revive  any  act  or  part  of  an  act,  authorizing  the  loan  of  money,  and 
which  hath  heretofore  expired. 

Sec.  5.  And  be  it  further  enacted.  That  for  the  purpose  of  more 
effectually  securing  the  reimbursement  of  the  Dutch  debt,  the  commis- 
sioners of  the  sinking  fund  may,  and  they  hereby  are  empowered,  with 
the  approbation  of  the  President  of  the  United  States,  to  contract,  either 
with  the  Bank  of  the  United  States,  or  with  any  other  public  institution, 
or  with  individuals,  for  the  payment,  in  Holland,  of  the  whole,  or  any 
part,  of  the  principal  of  the  said  Dutch  debt,  and  of  the  interest  and 
charges  accruing  on  the  same,  as  the  said  demands  become  due,  on  such 
terms  as  the  said  commissioners  shall  think  most  advantageous  to  the 
United  States ;  or  to  employ  either  the  said  bank,  or  any  other  public 
institution,  or  any  individual  or  individuals,  as  agent  or  agents,  for  the 
purpose  of  purchasing  bills  of  exchange,  or  any  other  kind  of  remittances, 
for  the  purpose  of  discharging  the  interest  and  principal  of  said  debt, 
and  to  allow  to  such  agent  or  agents  a  compensation  not  exceeding  one 
fourth  of  one  per  cent  on  the  remittances  tlius  purchased  or  procured  by 
them  under  the  direction  of  the  said  commissioners,  and  as  much  of  the 
duties  on  tonnage  and  merchandise  as  may  be  necessary  for  that  purpose 
is  hereby  apprcmriated  towards  paying  the  extra  allowance  or  commis- 
sion resulting  firom  such  transaction,  or  transactions,  and  also  to  pay 
any  deficiency  arising  from  any  loss  incurred  upon  any  remittance  pur- 

VoL.  n.— 22  P 


Demands  an- 
der  treaties,  &c. 
may  be  satisfied 
out  of  other  mo- 
nies. 

Commissioners 
aathorixed  to 
borrow  under 
the  direction  of 
the  President 
for  the  purpose 
of  obtaining   a 
prolongation  of 
the  payment  of 
the  Dutch  debt. 


The  loans  to 
be  made  to  be 
reimbursable 
within  six  years. 

Rate  of  inter- 
est, and  of 
charges. 

Power    given 
not  to  affect  the 

{lowers  given  by 
brmer  acts. 


Not  to  revive 
■ny  act  for  the 
loan  of  money, 
which  has  ex. 
pired. 

Commissioners 
authorized  to 
employ  the  bank 
of  the  U.  States 
as  an  agent,  for 
the  payment  of 
the  Dutch  debt, 
fcc. 


Compensation 
to  agent. 


170 


SEVENTH  CONQRESS.    Sess.  L  Ch.  33,  35.    1802. 


Authorised  to 
employ  an  agent 
in  Eorope  rela- 
tive to  the  laid 
bnainees. 


Hie  eompen- 
ntion. 


Nothing  in  this 
act  to  affect  the 
provisions  of 
former    acta 
pledging   the 
faith    o?   the 
U.  States. 


Restrictions 
and  regulations 
esUblished  by 
former  acts, 
shall  apply  to 
the  commis. 
sioners  under 
this. 

Account  of 
the  sales  of 
stocks,  &c.  to 
be  laid  before 
Congress. 

1790,  ch.  45. 

Statute  1. 


chased  or  procured  under  the  direction  of  the  said  commissioners,  for 
the  purpose  of  discharging  the  principal  and  interest  of  the  said  debt 

Sec.  6.  And  be  it  fitrther  enacted^  That  the  commissioners  of  the 
sinking  fund  be,  and  they  hereby  are  empowered,  with  the  approbation 
of  the  President  of  the  United  States,  to  employ,  if  they  shall  deem  it 
necessary,  an  agent  in  Europe  for  the  purpose  of  transacting  any  busi- 
ness relative  to  the  discharge  of  the  Dutch  debt,  and  to  the  loans  autho- 
rized by  this,  or  any  other  act,  for  the  purpose  of  discharging  the  same, 
and  also  to  allow  him  a  compensation  not  exceeding  three  thousand 
dollars  a  year,  to  be  paid  out  of  any  monies  in  the  treasury  not  otherwise 
appropriated. 

Sec  7.  And  he  it  further  enacted^  That  nothing  in  this  act  contained 
shall  be  construed  to  repeal,  alter,  or  affect  any  of  the  provisions  of  any 
former  act  pledging  the  faith  of  the  United  States  to  the  payment  of  the 
interest,  or  principal,  of  the  public  debt ;  and  that  all  such  payments 
shaU  continue  to  be  made  at  the  time  heretofore  prescribed  by  law;  and 
the  surplus  only  of  the  appropriations  made  by  this  act  beyond  the  sums 
payable  by  virtue  of  the  provisions  of  any  former  act,  shall  be  applicable 
to  the  reimbursement,  redemption,  or  purchase  of  the  public  debt  in  the 
manner  provided  by  this  act. 

Sec.  8.  And  he  it  further  enacted,  That  all  the  restrictions  and  regu- 
lations heretofore  established  by  law,  for  regulating  the  execution  of  the 
duties  enjoined  upon  the  commissioners  of  the  sinking  fund,  shall  apply 
to  and  be  in  as  full  force  for  the  execution  of  the  analogous  duties 
enjoined  by  this  act,  as  if  they  were  herein  particularly  repeated  and  re- 
enacted.  Providedy  however,  that  the  particular  annual  account  of  all 
sales  of  stock,  of  loans,  and  of  payments,  by  them  made,  shall,  hereafter, 
be  laid  before  Congress  on  the  first  week  of  February,  in  each  year; 
and  so  much  of  any  former  act  as  directed  such  account  to  be  laid  before 
Congress  within  fourteen  days  after  their  meeting,  is  hereby  repealed. 

Approved,  April  29,  1802. 


April  29, 1802. 

[Obsolete.] 
Appropriation 
for  the  children 
of  officers,  sea- 
men and  ma- 
rines lost  in  the 
ship  Insurgent, 
ana  brigantine 
Pickering. 


Statute  I. 
April  29, 1802. 

[Obsolete.] 
Salaries  of  the 
Secretary  of  the 
Senate,  Clerk  of 
the  House  of 
Representatives 
fcc. 

1806,  ch.  23. 


Of  the  ser. 

geant-at-arms 
of  the  Senate. 


Chap.  XXXIII. — An  Act  for  the  reUrf  of  the  widows  and  orpham  tf  certain  per- 
ions  who  have  med  in  the  naval  service  of  the  United  States, 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  widows,  if  any  such 
there  be,  and  in  case  there  be  no  widow,  the  child  or  children  of  the 
officers,  seamen  and  marines,  who  were  in  the  service  of  the  United 
States,  and  lost  in  the  ship  Insurgent  and  brigantine  Pickering,  shall  be 
entitled  to,  and  receive  out  of  any  money  in  the  treasury  not  otherwise 
appropriated,  a  sum  equal  to  four  months  pay  of  their  respective  hus- 
bands or  fathers,  as  aforesaid. 

Approved,  April  29,  1802. 


Chap.XXXV.— ^n«fe/  to  regulate  and  fix  the  compensations  of  tho  qffkers  if  the 
Senate  and  House  of  Representatives, 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assemhled,  That  the  officers  of  the  Senate 
and  House  of  Representatives  herein  after  mentioned,  shall  be,  and  here- 
by are  entitled  to  receive  in  lieu  oftheir  compensations  as  fixed  by  law,  the 
following  sums;  that  is  to  say:  the  secretary  of  the  senate,  and  clerk  of 
the  House  of  Representatives,  two  thousand  dollars,  each ;  their  princi- 
pal clerks  one  thousand  three  hundred  dollars,  each ;  and  each  of  their 
engrossing  clerks,  one  thousand  dollars  per  annum. 

Sec  2.  And  he  it  further  enacted,  That  the  sergeantrat-arms  of  the 
Senate,  who  also  performs  the  duty  of  doorkeeper,  and  the  sergeant-at* 


S£V£NTH  CONGRESS.     Ssss.  I.  Ch.  86.     1802. 


171 


Sims  of  the  House  of  Representatives,  shall  be,  and  hereby  are  entitled 
Co  receive  eight  hundred  dollars  per  annum,  each. 

Sec.  3.  And  be  it  Jvriher  enacted,  That  the  doorkeeper  of  the  House 
of  Representatives  shall  be,  and  hereby  is  entitled  to  receive  five  hun- 
dred dollars  per  annum,  and  two  dollars  per  day,  during  each  session  of 
Congress;  and  the  assistant  doorkeeper  of  the  Senate  and  House  of 
Representatives,  four  hundred  and  fifty  dollars  per  annum,  each,  and  two 
dollars  each,  per  day,  during  each  session  of  Congress. 

Sbc.  4.  And  be  it  further  enacted.  That  the  compensations  to  the 
secretary  of  the  Senate  and  clerk  of  the  House  of  Representatives,  and 
to  their  clerks,  and  to  the  other  officers  herein  named,  shall  commence 
with  the  present  year. 

Approved,  April  29,  1802. 


or  the  door- 
keeper and  M- 
tistant  door, 
keeper  of  the 
Hottse  of  Re- 
presentatiTee. 


Commence- 
ment of  the 
■alariea. 


Statute  I. 
April  29, 1802. 

[Repealed.] 


Additional  re- 
qaisitei  pre- 
Bcribed  for  per. 
aoni  claiming  to 
be  aathora  or 
proprietor!  of 
mapi,  charta  or 
booka. 

Vm,  oh.  15. 


Crap.  XXXVL— ^  Jd  mrai^incfi/ary  to  an  act,  iniiiuled  ^*Jn  act  for  ike 
eneouragemetU  of  learmng,  by  geeuring  the  copies  of  mopt,  eharte,  and  booki  to 
ike  autm/n  and  nroprietori  tjf  eueh  eoptee  daring  toe  time  therein  mentioned^** 
and  extending  the  oenefile  tiureof  to  the  arts  of  deefgning^  engravings  and  etching 
kiMtorieal  and  other  printi.{d) 

Be  ii  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  every  person  who  shall, 
firom  and  after  the  first  day  of  January  next,  claim  to  be  the  author  or 
proprietor  of  any  maps,  charts,  book  or  books,  and  shall  thereafter  seek 
to  obtain  a  copyright  of  the  same  agreeable  to  the  rules  prescribed  by 
law,  before  he  shall  be  entitled  to  the  benefit  of  the  act,  intituled  "  An 
act  for  the  encouragement  of  learning,  by  securing  the  copies  of  maps, 
charts,  and  books,  to  the  authors  and  proprietors  of  such  copies,  during 
the  time  therein  mentioned,"  he  shall,  in  addition  to  the  requisites 
enjoined  in  the  third  and  fourth  sections  of  said  act,  if  a  book  or  books, 
give  information  by  causing  the  copy  of  the  record,  which,  by  said  act 
he  is  required  to  publish  in  one  or  more  of  the  newspapers,  to  be  in- 
serted at  full  length  in  the  title-page  or  in  the  pa^e  immediately  follow- 
ing the  title  of  every  such  book  or  books;  and  if  a  map  or  chart,  shall 
cause  the  following  words  to  be  impressed  on  the  face  thereof,  viz: 
** Entered  according  to  act  of  Congress,  the  day  of  18 

(here  insert  the  date  when  the  same  was  deposited  in  Uie  office^  by  A. 
B.  of  the  state  of  (here  insert  the  author's  or  proprietor's  name 

and  the  state  in  which  he  resides.) 

Sec.  2.  And  be  it  further  enacted,  That  from  and  after  the  first  day 
of  January  next,  every  person,  being  a  citizen  of  the  United  States,  or 
resident  within  the  same,  who  shall  invent  and  design,  engrave,  etch  or 
work,  or  from  his  own  works  and  inventions,  shall  cause  to  be  designed 
and  engraved,  etched  or  worked,  any  historical  or  other  print  or  prints, 
shaD  have  the  sole  right  and  liberty  of  printing,  re-printing,  publishing 
and  vending  such  print  or  prints,  for  the  term  of  fourteen  years  from 
the  recording  the  title  thereof  in  the  clerk's  office,  as  prescribed  by  law 
for  maps,  charts,  book  or  books:  Provided,  he  shall  perform  all  the  re- 
quisites in  relation  to  such  print  or  prints,  as  are  directed  in  relation  to 
maps,  charts,  book  or  books,  in  the  third  and  fourth  sections  of  the  act 
to  which  this  is  a  supplement,  and  shall  moreover  cause  the  same  entry 
to  be  truly  engraved  on  such  plate,  with  the  name  of  the  proprietor,  and 
printed  on  every  such  print  or  prints  as  is  herein  before  required  to  be 
made  on  maps  or  charts. 

Sec.  3.  And  be  it  further  enacted.  That  if  any  printrseller  or  other 
person  whatsoever,  from  and  after  the  said  first  day  of  January  next, 

(^  See  notes  to  "  an  act  for  the  encouragement  of  learning,  by  aecnring  the  copies  of  maps,  charta,  and 
book*,  to  the  authors  and  proprietors,  during  the  time  therein  mentioned,"  May  81, 1790,  chap.  16,  vol. 
i.  page  194. 


Same  rules 
prescribed  wiUi 
respect  to  per- 
sons  who  snail 
invent,  and  de. 
sign,  •''ngrave, 
etch,  or  work 
historical  or 
other  print!. 


172 


SEVENTH  CONGRESS.    Sebs.  I.  Cii.  37.     1802. 


Penalties  for 
engraving,  etch- 
ing or  working, 
or  copying  and 
■ellin^  a  print 
or  printa,  with- 
out the  consent 
of  the  owner  or 
owners,  in  writ- 
ing. 

4  Wash.  C.  C. 
R.48. 


A  moiety  of 
the  forfeiture  to 
any  one  who 
shall  sue  for  the 


Penalties  Ibr 
publishing 
maps,  charts, 
books  or  prints, 
but  in  the  way 
rrescribed  by 
law. 


Limitation  of 
action  in 
of  forfeiture. 


STATimE  I. 

April  30, 1802. 

[Obsolete.] 
Act  of  March 
3, 1799.  ch.  22. 

Additional 
compensation 
to  the  collector 
at  Richmond. 

Discontinued 
1804,  ch.  68. 

Salary  to  the 
collector  at  Pe- 
tersburg discon- 
tinned. 

Emoluments  of 
custom-houses 


within  the  time  limited  by  this  act,  shall  engrave,  etch  or  work,  as  afore- 
said, or  in  any  other  manner  copy  or  sell,  or  cause  to  be  engraved,  etched, 
copied  or  sold,  in  the  whole  or  in  part,  by  varying,  adding  to,  or  dimin- 
ishing from  th6  main  design,  or  shall  print,  re-print,  or  import  for  sale, 
or  cause  to  be  printed,  re-printed,  or  imported  for  sale,  any  such  print 
or  prints,  or  any  parts  thereof,  without  the  consent  of  the  proprietor  or 
proprietors  thereof,  first  had  and  obtained,  in  writing,  signed  by  him  or 
them  reepeclively,  in  the  presence  of  two  or  more  credible  witnesses; 
or  knowing  the  same  to  be  so  printed  or  re-printed,  without  the  consent 
of  the  proprietor  or  proprietors,  shall  publish,  sell,  or  expose  to  sale  or 
otherwise,  or  in  any  other  manner  dispose  of  any  such  print  or  prints, 
without  such  consent  first  had  and  obtained,  as  aforesaid,  then  such 
offender  or  offenders  shall  forfeit  the  plate  or  plates  on  which  such  print 
or  prints  are  or  shall  be  copied,  and  all  and  every  sheet  or  sheets  (being 
part  of  or  whereon  such  print  or  prints  are  or  shall  be  copied  or  printed) 
to  the  proprietor  or  proprietors  of  such  original  print  or  prints,  who  shall 
forthwith  destroy  the  same;  and  further,  that  every  such  offender  or 
offenders  shall  forfeit  one  dollar  for  every  print  which  shall  be  found  in 
his,  her,  or  their  custody;  either  printed,  published,  or  exposed  to  sale, 
or  otherwise  disposed  of,  contrary  to  the  true  intent  and  meaning  of  this 
act,  the  one  moiety  thereof  to  any  person  who  shall  sue  for  the  same,  and 
the  other  moiety  thereof  to  and  for  the  use  of  the  United  States,  to  be 
recovered  in  any  court  having  competent  jurisdiction  thereof. 

Sec.  4.  And  he  it  further  enacted,  That  if  any  person  or  persons 
from  and  after  the  passing  of  this  act,  shall  print  or  publish  any  map, 
chart,  book  or  books,  print  or  prints,  who  have  not  legally  acquired  the 
copyright  of  such  map,  chart,  book  or  books,  print  or  prints,  and  shall, 
contrary  to  the  true  intent  and  meaning  of  this  act,  insert  therein  or 
impress  thereon  that  the  same  has  been  entered  according  to  act  of 
Congress,  or  words  purporting  the  same,  or  purporting  that  the  copy- 
right thereof  has  been  acquired ;  every  person  so  offending  shall  forfeit 
and  pay  the  sum  of  one  hundred  dollars,  one  moiety  thereof  to  the  person 
who  shall  sue  for  the  same,  and  the  other  moiety  thereof  to  and  for  the 
use  of  the  United  States,  to  be  recovered  by  action  of  debt  in  any  court 
of  record  in  the  United  States,  having  cognizance  thereof.  Provided 
always,  that  in  every  case  for  forfeitures  herein  before  given,  the  action 
be  commenced  within  two  years  from  the  time  the  cause  of  action  may 
have  arisen. 

Approved,  April  29,  1802. 


Chap.  XXXVII.-^n  jSet  to  amend  *^  Jin  act  to  €$taibUA  the  eompentaiiona  tf  the 
t^ficert  employ  td  in  the  eoUedion  cf  the  duiiei  on  importe  and  tonnage  $  aria  for 
other  pvrpoeeay 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled,  That  from  and  after 
the  thirtieth  day  of  June,  in  the  present  year,  there  shall  be  paid,  anna- 
ally,  to  the  collector  of  the  customs  for  the  district  of  Richmond,  in 
addition  to  the  fees  and  emoluments  otherwise  allowed  by  law,  the  sum 
of  two  hundred  and  fifty  dollars. 

Sec.  2.  And  be  it  further  enacted.  That  from  and  after  the  said  thir- 
tieth day  of  June,  the  salary  heretofore  allowed  by  law  to  the  collector 
of  the  customs  for  the  district  of  Petersburg  be,  and  the  same  hereby  is 
discontinued. 

Sec.  3.  And  be  it  further  enacted,  That  from  and  after  the  said  thir- 
tieth day  of  June,  whenever  the  annual  emoluments  of  any  collector  of 
the  customs,  after  deducting  therefrom  the  expenditures  incident  to  his 
office,  shall  amount  to  more  than  five  thousand  dollars ;  or  those  of  a 
naval  officer,  after  like  deduction,  to  more  than  three  thousand  five  bun- 


SEVENTH  CONGRESS.    Skss.  I.  Ch.  38,  d9,  40.     1802. 


173 


died  doUarSy  or  those  of  a  surreyor,  after  a  like  deduction,  to  more  than 
three  thousand  debars,  the  surplus  shall  be  accounted  for,  and  be  paid 
by  them,  respectively,  to  the  treasury  of  the  United  States :  Provided 
idmays,  that  nothing  in  this  act  contained  shall  be  construed  to  extend   a'/t^not  to  ez- 
to  fines,  forfeitures  and  penalties,  under  the  revenue  laws  of  the  United    tend    to  fines, 
Sutes.  **^- 

Approved,  AprU  30, 1802. 

__  Statut£  I. 


But  the  pro- 
▼isions    of  this 


Chip.  XXXVII I.-^fi  Act  to  suspend^  in  pari,  the  act  intituled  ^^Jn  att  rtgU' 
luting  foreign  coins ;  and  for  other  purpoaee.^^ 

Be  ii  enacted  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled,  That  so  lAuch  of  the 
act,  intituled  "  An  act  for  regulating  foreign  coins,  and  for  other  pur- 
poses," as  is  contained  within  the  second  section  thereof,  be,  and  the 
same  hereby  is  suspended,  for  and  during  the  space  of  three  years,  from 
and  after  the  end  of  the  present  session  of  Congress. 

Approted,  April  30,  1802. 


April  80, 1S02. 

[Obsolete.] 

Part  of  the  act 
for  regulating  fo- 
reign coins,  &c. 

Actof  Augun 
4, 1790,  ch.  35. 
sec.  40.  Actol' 
Feb.  9,  1793, 
ch.  6.  Act  of 
April  10,  1S06, 
ch.22. 

Statute  I. 


Chap.  XXXIX. — Jn  Act  to  revive  and  coniintie  in  force,  an  act  intituled  "j^n     April  30, 1802, 
act  for  establishing  trading  houses  with  the  Indian  tribes^ 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  act,  intituled  <<  An 
act  for  establishing  trading  houses  with  the  Indian  tribes,"  approved  on 
the  eighteenth  of  April,  one  thousand  seven  hundred  and  ninety-six, 
shall  be,  and  the  same  is  hereby  revived  and  continued  in  force,  until 
the  fourth  day  of  March  next,  and  no  longer. 

Approved,  April  30,  1802. 


[Expired.] 
A  former  act 
revived  and  con- 
tinued in  force. 
Act  of  April 
18, 1796,  ch.  13. 
1S03,  ch.  14. 


Statute  I. 


Chap.  XL.'~-Jln  Act  to  enable  the  people  of  the  Eastern  division  of  the  territory     April  30, 1802. 
northwest  of  the  river  Ohio  to  form  a  constitution  and  state  government,  and  for 
the  admission  tf  such  state  into  the  Dhion^  on  an  equal  fogting  with  the  original 
States^  arfd  for  other  purposes. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  inhabitants  of  the 
eastern  division  of  the  territory  northwest  of  the  river  Ohio,  be,  and 
they  are  hereby  authorized  to  form  for  themselves  a  constitution  and 
state  government,  and  to  assume  such  name  as  they  shall  deem  proper, 
and  the  said  state,  when  formed,  shall  be  admitted  into  the  Union,  upon 
the  same  footing  with  the  original  states,  in  all  respects  whatever. 

Sec.  2.  And  be  it  further  enacted,  That  the  said  state  shall  consist 
of  all  the  territory  included  within  the  following  boundaries,  to  wit : 
bounded  on  the  east  by  the  Pennsylvania  line,  on  the  south  by  the  Ohio 
river,  to  the  mouth  of  the  Great  Miami  river,  on  the  west  by  the  line 
drawn  due  north  from  the  mouth  of  the  Great  Miami,  aforesaid,  and  on 
the  north  by  an  east  and  west  line,  drawn  through  the  southerly  extreme 
of  Lake  Michigan,  running  east  after  intersecting  the  due  north  line 
aforesaid,  from  the  mouth  of  the  Great  Miami,  until  it  shall  intersect 
Lake  Erie,  or  the  territorial  line,  and  thence  with  the  same  through 
Lake  Erie  to  the  Pennsylvania  line,  aforesaid :  Provided,  that  Congress 
shall  be  at  liberty  at  any  time  hereafter,  either  to  attach  all  the  territory 
lying  east  of  the  line  to  be  drawn  due  north  from  the  mouth  of  the 
Miami,  aforesaid,  to  the  territorial  line,  and  north  of  an  east  and  west 
line  drawn  through  the  southerly  extreme  of  Lake  Michigan,  running 
east  as  aforesaid  to  Lake  Erie,  to  the  aforesaid  state,  or  dispose  of  it 
otherwise^  in  conformity  to  the  fifth  article  of  compact  between  the 

p2 


Act  of  August 
7,  1789,  ch.  8. 
Act  of  May  8, 
1792,  ch.  42. 

The  inhabi- 
tants of  the  eas- 
tern division  of 
the  territory 
west  of  the  Ohio 
to  form  a  con- 
stitution aud  be- 
come a  Dtatc. 

Act  of  M:trch 
3,  1803,  ch.  21. 

Boundaries 
thereof. 

Act  of  Feh- 
mary  19,  1803, 
ch.  7.  Act  of 
July  14,  1832, 
ch.  240.  Act  of 
June  15,  1830*, 
ch.  98. 


Territory  east 
thereof  at  the- 
disposal  of  Con- 
gress. 

1805,  ch.  5. 


174 


SEVENTH  CONGRESS.     S£ss.  I.  Ch.  40.     1802. 


WhAt  part  of 
territory  attach- 
ed to  Indiana. 


Qualifications 
of  elector*  for 
choosing  a  con- 
vention. 


Election  dis- 
tricts. 


Convention  to 
meet  at  Chili- 
cothe  in  Novem- 
ber, 1803. 


Constitution 
mast  be  repub- 
lican. 


original  states,  and  the  people  and  states  to  be  formed  in  the  territory 
northwest  of  the  river  Ohio. 

Sec.  3.  And  be  it  Jurther  enacted^  That  all  that  part  of  the  territory 
of  the  United  States,  northwest  of  the  riveir  Ohio,  heretofore  included 
in  the  eastern  division  of  said  territory,  and  not  included  within  the 
boundary  herein  prescribed  for  the  said  state,  is  hereby  attached  to, 
and  made  a  part  of  the  Indiana  territory,  from  and  after  the  formation 
of  the  said  state,  subject  nevertheless  to  be  hereafter  disposed  of  by 
Congress,  according  to  the  right  reserved  in  the  fifth  article  of  the  ordi- 
nance aforesaid,  and  the  inhabitants  therein  shall  be  entitled  to  the  same 
privileges  and  immunities,  and  subject  to  the  same  rules  and  regulations, 
in  all  respects  whatever,  with  all  other  citizens  residing  within  the  Indiana 
territory.     • 

Sec.  4.  And  he  it  Jvrthtr  enacted^  That  all  male  citizens  of  the 
United  States,  who  shall  have  arrived  at  full  age,  and  resided  within 
the  said  territory  at  least  one  year  previous  to  the  day  of  election,  and 
shall  have  paid  a  territorial  or  county  tax,  and  all  persons  having  in 
other  respects,  the  legal  qualifications  to  vote  for  representatives  in  the 
general  assembly  of  the  territory,  be,  and  they  are  hereby  authorized  to 
choose  representatives  to  form  a  convention,  who  shall  be  apportioned 
amongst  the  several  counties  within  the  eastern  division  aforesaid,  in 
a  ratio  of  one  representative  to  every  twelve  hundred  inhabitants  of 
each  county,  according  to  the  enumeration  taken  under  the  authority 
of  the  United  States,  as  near  as  may  be,  that  is  to  say :  from  the  county 
of  Trumbull,  two  representatives ;  from  the  county  of  Jefferson,  seven 
representatives,  two  of  the  seven  to  be  elected  within  what  is  now  known 
by  the  county  of  Belmont,  taken  from  Jefferson  and  Washington  coun- 
ties ;  from  the  county  of  Washington,  four  representatives ;  from  the 
county  of  Ross,  seven  representatives,  two  of  the  seven  to  be  elected  in 
what  is  now  known  by  Fairfield  county,  taken  from  Ross  and  Washing- 
ton counties ;  from  the  county  of  Adams,  three  representatives ;  from 
the  county  of  Hamilton,  twelve  representatives,  two  of  the  twelve  to  be 
elected  in  what  is  now  known  by  Clermont  county,  taken  entirely  from 
Hamilton  county;  and  the  elections  for  the  representatives  aforesaid, 
shall  take  place  on  the  second  Tuesday  of  October  next,  the  time  fixed 
by  a  law  of  the  territory,  intituled  "An  act  to  ascertain  the  number  of 
free  male  inhabitants  of  the  age  of  twenty-one,  in  the  territory  of  the 
United  States  northwest  of  the  river  Ohio,  and  to  regulate  the  elections 
of  representatives  for  the  same,"  for  electing  representatives  to  the 
general  assembly,  and  shall  be  held  and  conducted  in  the  same  manner 
as  is  provided  by  the  aforesaid  act,  except  that  the  qualifications  of 
electors  shall  be  as  herein  specified. 

Sec.  5.  And  he  it  further  enacted.  That  the  members  of  the  con- 
vention, thus  duly  elected,  be,  and  they  are  hereby  authorized  to  meet 
at  Chilicothe  on  the  first  Monday  in  November  next ;  which  conven- 
tion, when  met,  shall  first  determine  by  a  majority  of  the  whole  number 
elected,  whether  it  be  or  be  not  expedient  at  that  time  to  form  a  con- 
stitution and  state  government  for  the  people,  within  the  said  territory, 
and  if  it  be  determined  to  be  expedient,  the  convention  shall  be,  and 
hereby  are  authorized  to  form  a  constitution  and  state  government,  or 
if  it  be  deemed  more  expedient,  the  said  convention  shall  provide  by 
ordinance  for  electing  representatives  to  form  a  constitution  or  frame  of 
government;  which  said  representatives  shall  be  chosen  in  such  man- 
ner, and  in  such  proportion,  and  shall  meet  at  such  time  and  place,  as 
shall  be  prescribed  by  the  said  ordinance ;  and  shall  form  for  the  people 
of  the  said  state,  a  constitution  and  state  government ;  provided  the 
same  shall  be  republican,  and  not  repugnant  to  the  ordinance  of  the 
thirteenth  of  July,  one  thousand  seven  hundred  and  eighty-seven,  be- 
tween the  original  states  and  the  people  and  states  of  the  territory  north- 
west of  the  river  Ohia 


SEVENTH  CONGRESS.    Sess.  I.  Cm.  41.     1803. 


175 


Sec.  6.  And  be  it  further  enacted,  That  until  the  next  general  cen- 
sus shall  be  taken,  the  said  state  shall  be  entitled  to  one  representative 
in  the  House  of  Representatives  of  the  United  States. 

Sec.  7.  And  be  it  further  enacted,  That  the  following  propositions  be, 
and  the  same  are  hereby  offered  to  the  convention  of  the  eastern  state 
of  the  said  territory,  when  formed,  for  their  free  acceptance  or  rejection, 
wbtchy  if  accepted  by  the  convention,  shall  be  obligatory  upon  the  United 
States. 

JFHrst,  That  the  section,  number  sixteen,  in  every  township,  and  where 
such  section  has  been  sold,  granted  or  disposed  of,  other  lands  equiva- 
lent thereto,  and  most  contiguous  to  the  same,  shall  be  granted  to  the 
inhabitants  of  such  township,  for  the  use  of  schools. 

Second,  That  the  six  mUes  reservation,  including  the  salt  springs, 
commonly  called  the  Scioto  salt  springs,  the  salt  springs  near  the  Mus- 
kingum river,  and  in  the  military  tract,  with  the  sections  of  land  which 
include  the  same,  shall  be  granted  to  the  said  state  for  the  use  of  the 
people  thereof,  the  same  to  be  used  under  such  terms  and  conditions 
and  regulations  as  the  legislature  of  the  said  state  shall  direct :  Provided, 
the  said  legislature  shall  never  sell  nor  lease  the  same  for  a  longer  period 
than  ten  years. 

Third,  That  one  twentieth  part  of  the  nett  proceeds  of  the  lands 
lying  within  the  said  state  sold  by  Congress,  from  and  afler  the  thirtieth 
day  of  June  next,  afler  deducting  all  expenses  incident  to  the  same, 
shall  be  applied  to  the  laying  out  and  making  public  roads,  leading  from 
the  navigable  waters  emptying  into  the  Atlantic,  to  the  Ohio,  to  the 
said  state,  and  through  the  same,  such  roads  to  be  laid  out  under  the 
authority  of  Congress,  with  the  consent  of  the  several  states  through 
which  the  road  shall  pass :  Provided  always,  that  the  three  foregoing 
propositions  herein  offered,  are  on  the  conditions  that  the  convention 
of  the  said  state  shall  provide,  by  an  ordinance  irrevocable,  without  the 
consent  of  the  United  States,  that  every  and  each  tract  of  land  sold  by 
Congress,  from  and  afler  the  thirtieth  day  of  June  next,  shall  be  and  re- 
main exempt  from  any  tax  laid  by  order  or  under  authority  of  the  state, 
whether  for  state,  county,  township  or  any  other  purpose  whatever,  for 
the  term  of  five  years  from  and  afler  the  day  of  sale. 

AppROYEn,  April  30,  1802. 


To  have  one 
representative 
in  Congrecs  till 
next  census. 

Propositions 
offered  to  the 
convention. 

I811,ch.9. 


Chap.  XLI.— ^n  Jet  to  abolish  the  Board  (f  Commisnonert  in  the  City  tf  JVash^ 
ingioni  and  for  other  purposet. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assemblea.  That  from  and  afler  the  first 
day  of  June  next,  the  offices  of  the  commissioners  appointed  in  virtue 
of  an  act  passed  on  the  sixteenth  day  of  July  in  the  year  seventeen 
hundred  and  ninety,  intituled  *'An  act  to  establish  the  temporary  and 
permanent  seat  of  the  government  of  the  United  States,"  shall  cease 
and  determine ;  and  the  said  commissioners  shall  deliver  up  unto  such 
person  as  the  President  shall  appoint,  in  virtue  of  this  act,  all  plans, 
draughts,  books,  records,  accounts,  deeds,  grants,  contracts,  bonds,  obli- 
gations,  securities,  and  other  evidences  of  debt  in  their  possession  which 
relate  to  the  city  of  Washington,  and  the  affairs  heretofore  under  their 
superintendence  or  care. 

Sec.  2.  And  be  it  further  enacted.  That  the  affairs  of  the  city  of 
Washington,  which  have  heretofore  been  under  the  care  and  superin- 
tendence of  the  said  commissioners,  shall  hereafler  be  under  the  direc- 
tion of  a  superintendent,  to  be  appointed  by,  and  to  be  under  the  control 
of  the  President  of  the  United  States ;  and  the  said  superintendent  is 
hereby  invented  with  all  powers,  and  shall  hereafler  perform  all  duties 


Statute  I. 


May  1,  1802. 


Commission  to 
cease  on  first  of 
June, 1802. 

Act  of  July  16, 
1790,  ch.  23. 


To  transfer  re- 
cords to  a  su- 
perintendent. 


A  superintend- 
ent to  be  an. 
pointed  by  the 
president. 


176 


SEVENTH  CONGRESS.    Sess.  I.  Ch.  41.    1803. 


Powen  same 
ZB  commiHion- 


1803,  ch.  29. 

Commistion. 
en  shall  settle 
accoants  imme- 
diately. 


Superintend- 
ent  to  pay  all 
obligations  con- 
tracted by  his 
predecessor. 

Lots  shall  be 
sold  to  pay  debt 
to  Maryland. 


In  default  of 
sale,  the  debt  to 
be  paid  from 
pubuc  treasury. 


Lots  to  be  re- 
sold which  had 
not  been  paid 
for. 


The  amount 
of  sales  to  be 
applied  to  the 
payment  of  a 
sum  due  to 
Maryland. 

Provision  in 
case  of  a  defi- 
ciency. 


After   debts 
already  con- 
tracted are  dis- 
charged monies 
advanced   out 
of  the  treasury 
to    be    reim- 
bursed  by 
superintendent. 

Part  of  a  for- 
mer act  relating 
to  the  appoint- 
ment of a  board 
of  commission- 
ers repealed. 

Books  of  sub- 
scription to  be 


which  the  said  cominissioners  are  now  vested  with,  or  arc  required  to 
perform  by,  or  in  virtue  of  any  act  of  Congress,  or  any  act  of  the  gene- 
ral assembly  of  Maryland,  or  any  deed  or  deeds  of  trust  from  the  original 
proprietors  of  the  lots  in  the  said  city,  or  in  any  other  manner  whatso- 
ever. 

Sec.  3.  And  be  it  further  enacted.  That  the  said  commissioners  shall 
forthwith  settle  with  the  accounting  officers  of  the  treasury  their  accounts 
for  all  monies  received  and  expended  by  them  in  their  capacity  as  commis- 
sioners, and  shall  immediately  thereafter  pay  to  the  said  superintendent 
any  balance  which  may  be  found  against  them  upon  such  settlement 

Sec.  4.  And  he  it  further  enacted.  That  the  said  superintendent  shall 
pay  all  the  debts  heretofore  contracted  by  the  commissioners  in  their 
capacity  as  such,  the  payments  of  which  are  not  herein  after  specially 
provided  for,  out  of  any  monies  received  by  him  arising  out  of  the  city 
funds. 

Sec.  5.  And  he  it  further  enacted.  That  the  said  superintendent  shall, 
under  the  direction  of  the  President  of  the  United  States,  sell  so  many 
of  those  lots  in  the  city  of  Washington  which  are  pledged  for  the  re- 
payment of  a  loan  of  two  hundred  thousand  dollars,  made  by  the  state 
of  Maryland,  in  the  years  one  thousand  seven  hundred  and  ninety-^ix 
and  one  thousand  seven  hundred  and  ninety-seven,  to  the  commissioners 
for  the  use  of  the  said  city,  as  may  be  sufficient  to  pay  the  interest 
already  accrued  on  the  said  loan,  and  ihe  interest  and  instalments  there- 
of, as  they  may  respectively  become  due :  Provided,  that  if  in  the  opinion 
of  the  President  of  the  United  States,  the  sale  of  a  sufficient  number 
of  the  said  lots,  to  meet  the  objects  aforesaid,  cannot  be  made  without 
an  unwarrantable  sacrifice  of  the  property,  then  so  much  money  as  may 
be  necessary  to  provide  for  the  deficiency  is  hereby  appropriated  and 
shall  be  paid  out  of  any  money  in  the  treasury  of  the  United  States  not 
otherwise  appropriated. 

Sec.  6.  And  he  it  further  enacted,  That  the  said  superintendent  shall, 

?rior  to  the  first  day  of  November  next,  sell,  under  the  directions  of  the 
Resident  of  the  United  States,  all  the  lots  in  the  said  city,  which  were 
sold  antecedent  to  the  sixth  day  of  May,  in  the  year  one  thousand  seven 
hundred  and  ninety-six,  and  which  the  said  commissioners  are  autho- 
rized by  law  to  re-sell,  in  consequence  of  a  failure  on  the  part  of  the 
purchasers,  to  comply  with  their  contracts ;  and  the  monies  arising  there- 
upon shall  be  applied,  on  or  before  the  first  day  of  November  next,  to 
the  payment  of  the  sum  of  fifty  thousand  dollars  and  the  interest  there- 
on to  the  state  of  Maryland,  which  said  sum  was  formerly  loaned  by  the 
said  state  to  the  commissioners  for  the  use  of  the  city  of  Washington  : 
Provided,  that  if  a  sufficient  sum  to  meet  the  objects  last  aforesaid,  shall 
not  be  produced  by  the  sale  of  the  whole  of  the  lots  aforesaid,  then  so 
much  money  as  may  be  necessary  to  provide  for  the  deficiency  is  hereby 
appropriated,  and  shall  be  paid  out  of  any  money  in  the  treasury  of  the 
United  States,  not  otherwise  appropriated. 

Sec.  7.  And  he  it  further  enacted.  That  after  the  debts  already  con- 
tracted by  the  commissioners  shall  have  been  discharged,  all  monies 
advanced  out  of  the  treasury  in  pursuance  of  this  act,  shall  be  reim- 
bursed by  the  said  superintendent,  by  paying  into  the  treasury  all  mo- 
nies arising  from  the  city  funds,  until  the  whole  sum  advanced,  with  the 
interest  thereon,  shall  be  repaid. 

Sec.  8.  And  he  it  further  enacted,  That  so  much  of  the  act,  intituled 
"An  act  to  establish  the  temporary  and  permanent  seat  of  govemroent 
of  the  United  States/'  passed  on  the  sixteenth  day  of  July,  in  the  year 
seventeen  hundred  and  ninety,  as  relates  to  the  appointment  of  com- 
missioners shall  be,  and  the  same  is  hereby  repealed. 

Sec.  9.  And  he  it  further  enacted.  That  it  shall  and  may  be  lawful 
to  open  books  in  the  city  of  Washington,  for  receiving  and  entering 


SEVENTH  CONGRESS.    Sess.  I.  Cii.  41.    1802. 


177 


rabflcriptions  for  opening  the  canal  to  communicate  from  the  Potomac 
river  to  the  Eastern  Branch  thereof,  through  a  part  of  the  city  of  Wash- 
ington, under  the  management  of  Thomas  Tingey,  Daniel  Carroll  of 
DoddingtoUy  Thomas  Law,  and  Daniel  Carroll  Brent,  which  suhscrip- 
tions  shall  be  made  personally,  or  by  power  of  attorney;  the  said  books 
ahall  be  q>ened  for  receiving  subscriptions,  and  continue  open  until  the 
Bum  of  eighty  thousand  dollars  shall  be  filled  up,  in  shares  of  one  hun- 
dred ddlars  each ;  and  that  each  person  shall,  at  the  time  of  subscrib- 
^^gf  P&y  down  ten  dollars,  being  one  tenth  of  each  share ;  and  after 
fourteen  days  previous  notice,  by  advertisement,  there  shall  be  a  meeting 
of  the  subscribers,  and  they  are  hereby  declared  to  be  incorporated  into 
a  company,  by  the  name  of  the  <<Washinffton  Canal  Company,"  and 
may  sue  and  be  sued,  as  such,  and  make  ful  necessary  by-laws  and  re- 
gulations for  the  proper  management  of  the  business  thereof.  And  such 
of  the  subscribers  as  shall  be  present  at  the  said  meeting,  or  a  majority 
of  them,  are  hereby  impowered  and  required  to  elect  a  president  and 
lour  directors  for  conducting  the  said  undertaking,  and  managing  the 
said  company's  business  for,  and  during  such  time  not  exceeding  Uiree 
years,  as  the  said  subscribers,  or  a  majority  of  them,  shall  thmk  fit. 
£ach  member  shall  be  allowed  one  vote  for  every  share,  by  him  or  her 
held  at  the  time  in  the  said  company,  and  any  proprietor  by  a  writing 
under  his  or  her  hand,  executed  in  presence  of  two  witnesses,  may  de- 
pute any  other  member  or  proprietor  to  vote  and  act  as  proxy  for  him 
or  her,  at  any  general  meeting. 

Sec.  10.  And  be  it  further  enacted,  That  the  shares  in  said  company 
shall  be  deemed  personal,  and  not  real  property,  and  transferable  in  such 
manner  as  the  company  shall  direct 

Sue.  11.  And  be  it  further  enacted.  That  the  president  and  directors 
80  elected,  and  their  successors,  or  a  majority  of  them,  shall  have  full 
power  and  authority  to  agree  with  any  person  or  persons,  on  behalf  of 
the  said  company,  to  cut  such  canals,  erect  such  locks,  and  perform  such 
other  works  as  they  shall  judge  necessary  for  opening  the  canal  afore- 
said, and  the  forks  thereof; — and  out  of  the  monies  arising  from  the 
subscriptions,  wharfage  and  toUs,  to  pay  for  the  same,  and  to  repair  and 
improve  the  said  canu,  locks,  and  other  works  necessary  thereto,  and  to 
defray  all  incidental  charges,  and  also  to  appoint  a  treasurer,  clerk,  and 
such  other  officers,  toll  gatherers,  managers  and  servants,  as  they  shall 
judge  requisite,  and  to  settle  their  respective  wages. 

Sbc.  12.  And  be  it  further  enactea,  That  the  treasurer  of  the  com- 
pany shaU  give  bond,  with  such  penalty  and  such  security  as  the  said 
president  and  directors,  or  a  majority  of  them,  shall  direct 

Sbc.  13.  And  be  ii  further  enacted,  That  the  said  president  and 
directors,  so  elected,  and  their  successors,  or  a  majority  of  them  assem- 
bled, shall  have  fiill  power  and  authority  to  demand  and  receive  of  the 
proprietors,  the  remaining  nine  tenths  of  the  shares,  from  time  to  time, 
as  Uiey  may  be  required,  by  previous  advertisement  at  least  one  month 
In  the  Washington,  Georgetown,  and  Alexandria  gazettes ;  and  if  any 
of  the  said  proprietors  shall  refuse  or  neglect  to  pay  their  proportions 
within  one  month  afler  the  same  so  ordered  and  advertised,  as  aforesaid, 
the  said  shares  of  defaulters  shall  be  forfeited. 

Sbc.  14.  And  be  it  further  enacted.  That  the  said  president  and  direc- 
tors, so  elected,  and  their  successors,  or  a  majority  of  them,  shall  not 
begin  to  collect  wharfage  or  tolls,  until  the  cand  is  made  practicable  for 
boats  and  scows  to  pass  through  the  same  from  the  Potomac  to  the 
Eastern  Branch. 

Sec.  15.  And  be  it  further  enacted.  That  every  president  and  direc- 
tor, before  he  acts  as  such,  shall  take  an  oath  or  affirmation  for  the  faith- 
ful discharge  of  his  office. 

Sec.  16.  And  be  it  further  enacted.  That  there  shall  be  a  general 

Vol.  11.-23 


opened  for  com- 
pleting the 
canal  from  the 
Potomac  to  the 
Eastern  Branch. 

Under  whose 
direction. 

Sum    to    be 
raised,   amount 
of  shares. 
Act  of  May  31, 
1833,  ch.  112. 

Sabecriben 
incorporated ; 

Empowered  to 
choose  a  presi- 
dent and  four 
director!. 


Shares  to  en- 
tiUe  the  hold- 
ers  to  an  equal 
number  of 


A  proxy  may 
act. 

Shares  to,  be 
personal  pro- 
perty. 

Powers  of  the 
president    and 
directors  when 
elected. 


Treasurer  to 
give  bonds  with 
security. 

President  and 
directors  may 
call  upon  the 
proprietors  for 
payments    on 
their  shares. 


Defkulters  for- 
feit  their  shares. 


When  wharf- 
age and  tolls 
are  made  de- 
mandable. 


Oath  of  office 
to  be  taken  by 
the  president 
and  airectort. 


178 


SEVENTH  CONGRESS.    Sess.  I.  Ch.  43.    1802. 


A  general 
meeting  of  the 
proprietors 
twice  a  year. 

President  and 
directors    to 
make  reports  of 
their    proceed- 
ings to  them. 

Certificates 
to  be  given  by 
the  proprietor  to 
the  president 
and  directors. 


Rates  of 
wharfkge  fixed. 


Rates  of  toOs. 


Public  pro- 
perty free  from 
tolls  and  wharf- 
mge. 

In  what  case 
the  canal  is  to 
revert  to  the  U. 
States. 


meeting  of  the  proprietors  on  the  first  Monday  in  June,  and  the  first 
Monday  in  December,  every  year,  in  the  city  of  Washington ;  to  which 
meeting  the  president  and  directors  shall  make  a  report,  and  render 
distinct  and  just  accounts  of  all  their  proceedings,  and  on  finding  them 
fairly  and  justly  stated,  the  proprietors,  then  present,  or  a  majority  of 
them,  shall  give  a  certificate  thereof,  and  at  such  half-yearly  general 
meetings,  afler  leaving  in  the  hands  of  the  treasurer  such  sum  as  shall 
be  judged  necessary  for  repairs,  improvements  or  contingent  charges, 
an  equal  dividend  of  all  the  nett  profits  arising  firom  the  wharfage  and 
tolls  hereby  granted,  shall  be  ordered  and  made  to,  and  among  all  the 
proprietors  of  the  said  company,  in  proportion  to  their  several  shares. 

Sec.  17.  And  be  it  Jurtho'  enacted.  That  for  and  in  consideration  of 
the  expenses  the  said  proprietors  shall  incur,  not  only  in  cutting  canals, 
but  in  erecting  locks,  and  in  maintaining  and  keeping  the  same  in  repair, 
and  in  temporary  enlargement  and  improvement  of  the  same,  that  for  the 
space  of  fifty  years,  when  this  act  shdl  cease  on  repayment  of  the  prin- 
cipal of  the  sums  expended,  the  company  is  hereby  authorized  to  collect 
the  same  rates  of  wharfage  on  all  articles  and  materials  landed  on  each 
side  of  the  canal,  as  are  now  legally  received  at  the  wharfs  at  George- 
town :  and  it  shall  and  may  be  lawfiil  for  the  said  president  and  direc- 
tors, for  fifly  years,  and  as  much  longer  as  their  principal  sums  expended 
remain  unpaid,  to  demand  and  to  receive,  at  the  most  convenient  place 
for  all  commodities  carried  through  a  lock  or  locks,  of  the  canal,  a  toll 
not  exceeding  half  a  dollar  on  each  loaded  boat,  and  a  quarter  of  a  dol- 
lar on  each  loaded  scow ;  but  no  toll  to  be  paid  returning.  But  when 
the  wharfage  shall  produce  the  annual  interest  of  ei^ht  per  cent,  on  the 
sums  expended  by  the  president  and  directors,  exclusive  of  the  toUs,  then 
the  toUs  shall  cease,  and  the  canal  and  forks  thereof,  shall  be  entirely 
firee  for  passage :  and  when  the  wharfage  shall  exceed  the  annual  interest 
of  twelve  per  cent,  then  the  president  and  directors  shall  appropriate  one 
half  of  the  surplus  to  such  public  purpose  as  Congress  may  direct,  or 
reserve  the  same  as  a  fund  to  pay  off  the  principal :  Provided  ahoays^ 
that  all  public  property  shall  pass  free  of  toll  and  wharfage. 

Sec.  18.  Provided  nevertheless,  and  he  it  farther  enacted.  That  in  case 
the  said  Washington  Canal  Company  created  by  this  act  shall  not,  within 
the  term  of  five  years,  complete  said  canal  in  such  a  manner  as  to  admit 
boats  drawing  three  feet  of  water  to  pass  through  the  whole  extent  of 
said  canal,  that  the  said  canal  shall  revert  to  the  United  States,  and  all 
right  and  authority  hereby  granted  to  said  company  shall  cease  and 
determine. 

Approved,  May  1, 1802. 


Statute  L 


May  1, 1803. 
[Obsolete.] 


propriationc 


ap. 


Chap.  XLIIl. — wfn  Ad  tnakitig  an  appropriaiion  for  the  mmori  tf  ike  Na»y 
tf  the  United  StateSffor  the  year  one  thoutand  eight  hundred  and  two. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  the  following  sums, 
Including  any  sum  which  may  have  been,  or  might  be  expended  during 
the  present  year,  by  virtue  of  any  former  appropriation,  be,  and  the  same 
are  hereby  respectively  appropriated,  to  defray  the  expenses  of  the  navy 
of  the  United  States  during  Uie  year  one  thousand  eight  hundred  and 
two ;  that  is  to  say : 

For  the  pay  and  subsistence  of  the  officers,  the  pay  of  the  seamen, 
provisions  and  repairs,  five  hundred  and  eight  thousand  two  hundred 
and  twenty-six  dollars. 

For  medicines,  instruments,  and  hospital  stores,  ten  thousand  ddlars. 

For  the  purchase  of  ordnance  and  other  military  stores,  twenty  thou- 
sand dollars. 


SEVENTH  CONGRESS.    Sbss.  I.  Ch.  44.    1802. 


179 


For  salaries  of  superintendents  of  navy  yardis,  storekeepers  and  clerks, 
slore-renty  hire  of  labourers,  &c.  twelve  thousand  dollars. 

For  the  purchase  and  expense  of  transportation  of  timber,  and  other 
materials,  including  ordnance  for  the  seventy-four  gun  ships,  one  hun- 
dred and  ninety  thousand  five  hundred  and  seventy-five  dollars. 

For  the  improvement  of  navy  yards,  docks  and  wharves,  fifty  thousand 
dollars. 

For  contingencies,  ten  thousand  dollars. 

For  the  pay  and  subsistence,  including  provisions  for  those  on  shore, 
and  forage  for  the  staff  of  the  marine  corps,  seventy-one  thousand  seven 
hundred  and  fifty-four  dollars  and  forty  cents. 

For  clothing  for  the  same,  fifteen  thousand  five  hundred  and  nineteen 
dollars. 

For  military  stores  for  the  same,  one  thousand  two  hundred  and 
twenty-four  doilars  and  sixty  cents. 

For  the  quartermaster's  department,  comprising  quarters  for  the  officers, 
and  barracks  for  the  men  at  different  stations,  fuel,  stationery,  camp 
utensils,  d&c.  seven  thousand  and  sixty-one  dollars. 

For  medicine,  medical  services,  and  hospital  stores,  one  thousand  dol- 
lars. 

For  officers'  travelling  expenses,  armourer's  and  carpenter's  bills,  and 
other  contingent  expenses,  two  thousand  five  hundred  and  fifty  dollars. 

Sec.  2.  And  be  it  fitrther  enacted,  That  so  much  of  the  said  several 
sums  of  money,  herein  before  specifically  appropriated,  and  amounting 
together  to  the  sum  of  nine  hundred  thousand  dollars,  as  shall  not  have 
been  expended  by  virtue  of  any  former  appropriation,  shall  be  paid,  first, 
out  of  any  balance  remaining  unexpended  of  former  appropriations  for 
the  support  of  the  navy ; — and  secondly,  out  of  any  monies  in  the  trea- 
sury of  the  United  States,  not  otherwise  appropriated  by  law. 

Approved,  May  I,  1802. 


8i)6cifie  ap- 
propriatioiuu 


Cbap.  XLIV. — Jin  Act  to  extend  and  continue  in  foree  the  provieiom  cfanad 
ihUluUd  **An  act  giving  a  right  (f  pre-emption  to  certain  persons  who  nave  can- 
traded  with  John  Clevee  SymmeM  or  his  aaeociates^for  lands  lying  between  the 
Miami  rivers^  in  the  territory  northwest  rfthe  Ohio,  and  for  other  purposee,''* 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled,  That  the  several  pro- 
visions of  an  act  intituled  <'An  act  giving  a  right  of  pre-emption  to 
certain  persons  who  have  contracted  with  John  Cleves  Symmes,  or  his 
associates,  for  lands  lying  between  the  Miami  rivers  in  the  territory 
northwest  of  the  Ohio,"  shall  be,  and  the  same  are  hereby  continued  in 
force  until  the  first  day  of  March  next,  subject  to  the  modifications  con- 
tained in  this  act 

Sec.  2.  And  be  it  fitrther  enacted.  That  the  provisions  of  the  said 
act  shall,  and  the  same  are  hereby  extended  to  all  persons  claiming  lands 
lying  between  the  Miami  rivers,  and  without  the  limits  of  Ludlow's  sur- 
vey, by  purchase  or  contract  made  prior  to  the  first  day  of  January,  one 
thousand  eieht  hundred,  with  John  Cleves  Symmes  or  his  associates. 

Sbo.  3.  And  be  it  further  enacted.  That  every  person  claiming  lands 
as  aforesaid,  either  within  or  without  the  limits  of  Ludlow's  survey,  and 
who  have  not  obtained  a  certificate  of  the  right  of  pre-emption  therefor, 
shall,  on  or  before  the  first  day  of  November  next,  give  notice  of  the 
nature  and  extent  of  his  claim,  in  manner  prescribed  by  the  second  sec- 
tion of  the  said  act.  And  the  receiver  of  public  monies,  and  commis- 
sioners appointed  under  the  fourth  section  of  the  said  act,  sliall  meet  at 
Cincinnati,  on  the  second  Monday  of  November  next,  they  having  given 
four  weeks  previous  notice  of  such  meeting  in  a  public  newspaper 
printed  at  Cincinnati,  and  shall  then  and  there  proceed  to  hear  and 


Statute  I. 
Maj  1, 1802. 

Act  of  March 
3,  180l,ch«23, 
Act  of  March 
3,  1803,  ch.  29. 

ProTiflions  of 
a  former  act, 
under    certain 
modificatioDfl, 
continued   in 
force. 


ProTisionfl  of 
that  act  extend- 
ed to  persons 
claiming  lands 
between  tha 
Miami  rivers  in 
certain  cases. 

Persons  claim- 
ing lands — who 
have  not  obtain- 
ed certificates 
of  the  right  of 
pre-emption. 
How  sach 
claims  are  to  be 
settled. 


160 


SEVENTH  CX>NGRESS.    Sbss.  I.  Ch.  44.    1802. 


Vacanciei  in 
the    board  of 
commissi  onen 
for  that  purpose 
to  be  filled  by 
the  President 

Duties,  emol- 
nments,  &c.  to 
the  members 
composing  it, 
aind  the  sarrej- 
or  general  con- 
tinued. 

Persons  pos- 
sessing certifi- 
cates of  the 
right  of  pre- 
emption, allow- 
ed time  for  pay- 
ment. 

Secretary  of 
the  Treasury 
may  cause  to  be 
opened  such 
roads  within  the 
territory  north- 
west of  the  Ohio 
ts  shall  promote 
the  sale  of  pub- 
lic lands. 

Limitation  of 
the  sum  to  be 
expended  for 
that  purpose. 

How  the  lands 
around  Vincen- 
nes,  to  which 
the  Indian  title 
remains,  are  to 
be  surveyed, 
&c. 

Limitation  of 
the  ex}>ense  for 
that  object. 
♦lSOO,ch.  65. 


In  cases  where 
a  section  or 
fractional  sec- 
tion within  the 
seven  ranges  of 
townships  has 
been  sold. 

How  to  be 
laid  off. 


finally  decide  upon  all  claims,  of  which  notice  may  have  been  given  as 
aforesaid,  and  shall,  in  all  matters  relative  thereto,  govern  themselves 
by  the  provisions  of  the  said  act  Vacancies  in  the  said  board  of  com- 
missioners may  be  filled  by  the  President  of  the  United  States, alone. 
And  the  duties,  powers  and  emoluments  of  the  said  commissioners, 
receiver  of  public  monies,  and  register  of  the  land-office  at  Cincinnati, 
and  surveyor-general,  as  prescribed  by  the  said  act,  shall,  and  the  same 
are  hereby  continued. 

Sec.  4.  And  be  it  further  enacted,  That  every  person  who  may  have 
obtained,  or  who  shall  hereafter  obtain,  as  aforesaid,  a  certificate  of  a 
right  of  pre-emption  from  the  said  commissioners  shall  be  allowed  until 
the  first  day  of  January  next,  to  make  the  first  payment  required  for  the 
lands  described  in  such  certificate,  and  shall,  in  all  other  respects  relai- 
tive  thereto,  conform  to  the  several  provisions  of  the  said  act. 

Sec.  5.  And  be  it  further  enacted.  That  it  shall  and  may  be  lawful 
for  the  Secretary  of  the  Treasury  to  cause  to  be  viewed,  marked,  and 
opened,  such  roads  within  the  territory  northwest  of  the  Ohio,  as  in  his 
opinion  will  best  serve  to  promote  the  sales  of  the  public  lands  in  future : 
Provided,  that  the  whole  sum  to  be  expended  on  such  roads  shall  not 
exceed  six  thousand  dollars,  and  that  the  same  shall  be  paid  out  of  the 
monies  paid  by  purchasers  of  public  lands  on  account  of  surveying 
expenses. 

Sec.  6.  And  be  it  further  enacted.  That  all  the  lands  around  Yin- 
cennes  on  the  Wabasn,  in  the  Indiana  territory,  the  Indian  title  to  which 
hath  been  extinguished,  shall  be  surveyed  and  laid  off  in  the  manner 
prescribed  by  the  third  section  of  an  act  entitled  "An  act  to  amend  an 
act  entitled  'An  act  providing  for  the  sales  of  the  lands  of  the  United 
States  in  the  territory  northwest  of  the  Ohio,  and  above  the  mouth  of 
Kentucky  river,'"* under  directions  firom  the  Secretary  of  the  Treasury, 
and  by  such  person  or  persons  as  the  President  of  the  United  States 
alone  shall  appoint  for  that  purpose :  Provided,  that  the  whole  expense 
of  surveying  and  marking  the  lines  shall  not  exceed  four  dollars  for  every 
mile  that  shall  be  actually  run,  surveyed  and  marked.  And  two  plats 
of  the  lands  aforesaid  shdl  be  prepared  by  the  person  or  persons  who 
may  survey  the  same,  who  shall  also  designate  thereon  the  bounds  of  the 
lands  of  individuals  held  under  reservations  of  the  state  of  Virginia,  or 
under  the  laws  of  the  United  States :  one  of  the  said  plats  shall  be 
returned  to  the  office  of  the  Secretary  of  the  Treasury,  and  the  other 
shall  be  deposited  with  the  secretary  of  the  Indiana  territory. 

Sec.  7.  And  be  it  further  enacted,  That  in  all  cases  where  any  sec- 
tion or  fractional  section  of  land  lying  within  the  seven  ranges  of  town- 
ships has  been  sold  prior  to  the  tenth  day  of  May,  one  thousand  eight 
hundred,  under  the  authority  of  the  United  States,  the  lines  of  such 
section  or  fractional  section  shall  be  run  under  the  direction  of  the 
Secretary  of  the  Treasury,  in  the  manner  most  consistent  with  the  sup- 
posed boundaries  of  the  same,  at  the  time  of  the  sale,  any  thing  in  the 
act  of  the  tenth  of  May,  one  thousand  eight  hundred,  to  the  contrary 
notwithstanding.  And  it  shall  be  lawfiil  for  the  Secretary  of  the  Trea- 
sury, whenever  lines  thus  run  shaU  interfere  with  the  claim  of  a  pur- 
chaser of  public  lands  under  the  last  mentioned  act,  to  permit  such  pur- 
chaser, if  he  shall  desire  it,  at  any  time  within  six  months,  after  such 
lines,  thus  interfering  with  his  claim,  shall  have  been  run,  to  withdraw 
his  former  application,  and  to  apply  in  lieu  thereof  for  any  other  vacant 
section. 

Approved,  May  1, 1802. 


SEVENTH  CONGRESS.    Skss.  1.  Ch.  45.    1802. 


181 


Chap.  XL  V.— sin  Jet  to  provide  for  the  estabUihjneni  of  certain  distrieUf  and 
tkerein  to  amend  an  act  intituled  ^^An  ad  to  regulate  the  collection  of  dutiee  on 
imporie  and  tonnage  i*^  and  for  other  purpoeee. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  from  and  after  the  last 
day  of  June  next,  a  district  shall  be  formed  from  the  district  of  York- 
town  in  Virginia,  to  be  called  the  district  of  East  River,  which  shall 
comprehend  the  waters,  shores,  harbors,  and  inlets  of  North  and  East 
River,  and  Mobjack  bay,  and  all  other  navigable  waters,  shores,  harbors 
and  inlets  within  the  county  of  Mathews,  in  said  state;  and  it  shall  be 
lawful  for  the  President  of  tlie  United  States  to  designate  a  proper  place 
to  be  port  of  entry  and  delivery  within  the  said  district;  and  to  appoint 
a  collector  and  surveyor  of  the  customs  to  reside  and  keep  their  offices 
thereat,  who  shall  be  entitled  to  receive,  in  addition  to  the  fees  and  other 
emoluments  established  by  law,  the  annual  salary  of  two  hundred  dollars 
each.* 

Sbc.  2.  And  be  it  further  enacted,  That  from  and  after  the  said  last 
day  of  June  next,  Bennet's  creek,  within  the  district  of  Edenton,  and 
state  of  North  Cardina,  shall  cease  to  be  a  port  of  delivery,  as  hereto- 
fore established,  and  the  office,  authority,  and  emoluments  of  the  surveyor 
of  said  port,  shall  also  from  thenceforth  terminate  and  be  discontinued; 
and  a  port  of  delivery,  in  lieu  thereof,  shall  be  established  on  Salmon 
creek  within  the  district  aforesaid,  at  a  place  called  the  Tombstone; 
and  a  surveyor  of  the  customs  shall  be  appointed  to  reside  and  keep  an 
office  thereat,  who  shall  be  entitled  to  receive  for  his  services,  in  addition 
to  the  fees  established  by  law,  the  annual  salary  heretofore  allowed  to 
the  surveyor  of  Bennet's  creek. 

Skc.  3.  And  be  it  further  enacted,  That  from  and  afler  the  said  last 
day  of  June  next,  a  port  of  delivery  shall  be  established  at  the  mouth 
of  Slade's  creek  on  the  north  side  thereof,  within  the  district  of  Wash- 
ington, and  state  of  North  Carolina,  on  a  certain  tract  of  land,  intended 
and  designated  for  a  town,  whereon  William  Parmley  resides;  and  a 
surveyor  of  the  customs  shall  be  appointed  to  reside  and  keep  an  office 
thereat,  who  shall  be  entitled  to  receive  for  his  services,  in  addition  to 
the  fees  established  by  law,  an  annual  salary  of  one  hundred  and  fifty 
dollars. 

Sbc.  4.  And  be  it  further  enacted,  That  in  the  territory  of  the  United 
States  northwest  of  the  river  Ohio,  there  shall,  from  and  after  the  pass- 
ing of  this  act,  be  established  a  district,  to  be  called  the  district  of 
Marietta,  which  shall  include  all  the  waters,  shores  and  inlets  of  the  river 
Ohio,  on  the  northern  side,  and  the  rivers,  waters  and  shores  connected 
therewith,  above  or  to  the  eastward  of,  and  including  the  river  Scioto, 
from  the  mouth  thereof,  upwards,  as  far  as  the  same  may  be  navigable : 
and  a  collector  of  the  customs  shall  be  appointed  to  reside  and  keep  an 
office  at  the  town  of  Marietta,  which  shall  be  the  sole  port  of  entry  and 
delivery  for  the  said  district ;  and  the  said  collector  shall  be  entitled  to 
receive  for  his  services,  in  addition  to  the  fees  and  other  emoluments 
established  by  law,  an  annual  salary  of  one  hundred  and  fifty  doUars. 

Sec.  5.  And  be  it  further  enacted,  That  it  shall  be  lawful  for  the 
President  of  the  United  States  to  establish,  when  it  shall  appear  to  him 
to  be  proper,  in  addition  to  the  port  of  entry  and  delivery  already  estab- 
lished on  the  Mississippi,  south  of  the  state  of  Tennessee,  one  other 
port  of  entry  and  delivery  on  the  said  river;  and  to  appoint  a  collector 
of  the  customs  to  reside  and  keep  an  office  thereat,  and  to  appoint  one 
or  more  surveyors  to  reside  at  such  place  or  places  as  he  may  think 
proper  to  designate  as  ports  of  delivery  only;  and  the  surveyor  or  sur- 
veyors thus  ai^inted,  shall  be  subject  to  the  control  and  direction  of 
the  collector  within  whose  district  he  or  they  shall  reside. 

a 


Statutk  I. 
May  1,1802. 

[Obsolete.] 

Act  of  1799, 
ch.  22.  Act  of 
1817,  ch.  109. 

A  district 
formed,  'to  b« 
called  the  dis. 
trict  of  East 
River,  from  the 
district  of  York- 
town,  in  Vir- 
ginia. 

Port  of  entry 
and    delivery 
may  be  designa- 
ted by  the  Pre- 
sident,   and  a 
collector  and 
surveyor  to  be 
appointed   by 
him. 

Their  com- 
pensations. 
Bcnnet's  creek 
in  the  district  of 
Edenton  to  bo 
discontinued,  as 
a  port  of  deli- 
very. 

A  port  of  de- 
livery  substi- 
tuted on  Salmon 
creek,  at  Tomb- 
stone. 

Surveyor  to  re- 
side there. 

His  compen- 
sation. 

A  port  of  de- 
livery  establish- 
ed at  the  month 
of  Slsde's  creek. 

•1799,  ch.  23. 

1S04,  ch.  13. 


District  of 
Marietta  estab- 
lished. 

A  collector  to 
be  appointed  to 
reside  at  Mari- 
etta. 

No  other  port 
of  entry  and  dc 
livery  in  the  dis- 
trict. 

Collector's 
salary. 

President  may 
establish   ano- 
ther  port  of  en- 
try and  delivery 
on  the  Missis- 
sippi- 
May  appoint 
a  collector  to 
reside  there— 
and  one  or  mora 
surveyors    at 
such  places  as 
he  shall  desig- 
nate for  ports  of 
delivery  onlj  on 
the  Mississippi. 


182 


SEVENTH  CONGRESS.    Sebs.  I.  Cu.  45.    1802. 


No  duty  to  be 
collected  on 
merchandise  not 
subject  to  it  in 
other  cases,  be- 
cause landed  at 
New  Orleans. 

Act  or  March 
S,  1799,  ch.  22. 
Act  of  April  6, 
1800.  Act  of 
Nov.  25,  1803. 

Secretary  of 
the  Treasury, 
with  the  appro* 
bation   of  Uie 
Presidenty  to 
prescribe    cer- 
tain  forms    to 
prevent    frauds 
m  cases  of  de- 
bentures. 

Repealed. 


Goods  brought 
to  ports  on  the 
Mississippi  from 
Louisiana,  in 
vessels  belong- 
ing thereto— te 
what  duties  sub- 
ject. 


No  duty  de- 
mandable  on  the 
tonnage  of 
boats,  flats,  &c. 
in  the  districts 
on  the  Missis- 
sippi. 

Cases  in  which 
this  exemption 
does  not  apply. 

October  31, 
1S03,  ch.  I. 


Collector  of 
the  district  of 
Georgetown 
may  reside  ont 
of  that  town. 

Vol.  i.  627. 


Sec.  6.  And  be  it  Jurther  enacted.  That  from  and  afler  the  passinff 
of  this  act,  no  duty  shall  be  demanded  or  coUected  on  merchandise  of 
the  growth,  produce  or  manufacture  of  the  United  States,  or  of  any 
foreign  country,  transported  coastwise  between  the  Atlantic  ports  of  the 
United  States,  and  the  districts  of  the  United  States  on  the  river  Missis- 
sippi, or  any  of  its  branches,  although  landed  at  the  port  of  New  Orleans, 
on  its  passage;  provided  the  same  would  not  be  subject  to  duty,  or  liable 
to  seizure,  if  transported  from  one  district  of  the  United  States,  on  the 
sea-coast,  to  another :  And  provided  likewise,  that  no  debenture  for  a 
drawback  shall  have  been  issued  upon  the  export  of  such  merchandise 
from  the  Atlantic  ports  of  the  United  States  to  any  foreign  port  or  place; 
and  to  the  end  as  well  that  frauds  on  the  revenue  may  be  prevented,  as 
that  the  coasting  vessels  of  the  United  States  may  be  permitted  to  parti- 
cipate in  the  said  trade,  the  Secretary  of  the  Treasury,  with  the  appro- 
bation of  the  President,  is  hereby  authorized  to  prescribe  and  establish 
such  forms  and  regulations,  and  the  same  from  time  to  time,  with  like 
approbation,  to  alter  and  amend,  for  the  government  of  the  officers  of 
the  customs  in  this  respect,  as  he  may  think  proper  and  necessary;  on 
the  observance  of  which,  merchandise  thus  transported  shall  be  exempted 
from  duty ;  and  it  shall  be  lawful  for  the  coasting  vessels  of  the  United 
States  to  be  employed  in  the  said  trade,  and  not  otherwise. 

Sec  7.  And  whereas,  it  is  provided  by  the  hundred  and  fourth  section 
of'the  collection  law,  that  merchandise  belonging  to  British  subjects  may 
be  brought  (without  regard  to  the  character  of  the  vessel  importing  the 
same)  into  the  ports  of  the  United  States  on  the  northern  and  north- 
western frontiers,  subject  to  no  higher  or  other  duties  than  are  or  shall 
be  payable  by  the  citizens  of  the  United  States,  on  the  importation  of  the 
same  in  American  vessels  into  the  Atlantic  ports  of  the  United  States, 
and  it  being  just  and  reasonable  that  the  same  privilege  should  be  ex- 
tended to  vessels  and  merchandise  belonging  to  persons  residing  at  New 
Orleans,  and  other  ports  of  Louisiana  and  Florida,  on  the  Mississippi, 
or  any  of  its  branches:  Be  it  Jurther  enacted,  that  from  and  after  the 
last  day  of  June  next,  all  goods  and  merchandise,  the  importation  of 
which  into  the  United  States  shall  not  be  wholly  prohibited,  shall  and 
may  freely,  for  the  purposes  of  commerce,  be  brought  into  the  ports  of 
the  United  States  on  the  Mississippi,  or  any  of  its  branches,  in  vessels 
belonging  to  New  Orleans,  or  any  other  port  of  Louisiana  or  Florida, 
on  the  Mississippi ;  and  such  goods  or  merchandise  shall  be  subject  to 
no  higher  or  other  duties  than  are,  or  shall  be  payable  by  the  citizens  of 
the  United  States,  on  the  importation  of  the  same  in  American  vessels 
into  the  Atlantic  ports  of  the  United  States. 

Sec.  8.  And  be  it  further  enacted.  That  from  and  after  the  last  day 
of  June  next,  no  duty  on  the  tonnage  of  any  boat,  flat,  raft,  or  other 
vessel,  shall  be  demanded,  or  collected  on  the  arrival  or  entry  of  such 
boat,  flat,  or  raft,  or  other  vessel,  in  any  district  which  is  or  may  be 
established  on  the  Mississippi,  or  any  of  its  branches,  and  on  the  northern 
or  northwestern  boundaries  of  the  United  States:  Provided  nevertheless, 
that  this  exemption  shall  not  be  construed  to  extend  to  any  vessel  above 
fifty  tons  burthen,  and  which  shall  not  be  wholly  employed  in  carrying 
on  inland  trade  between  the  ports  of  the  United  States  on  the  Mississippi, 
and  its  branches,  and  the  ports  of  Louisiana  and  Florida,  on  the  same, 
including  New  Orleans,  and  between  the  ports  of  the  northern  and 
northwestern  boundaries  of  the  United  States  and  the  British  provinces 
of  Upper  and  Lower  Canada. 

Sec  9.  And  be  it  Jurther  enacted.  That  all  that  part  of  the  act, 
intituled  *'  An  act  to  regulate  the  collection  of  duties  on  imports  and 
tonnage,"  passed  on  the  second  day  of  March,  one  thousand  seven 
hundred  and  ninety-nine,  that  directs  that  the  collector  of  the  district 
of  Georgetown  shaJl  reside  at  Georgetown,  be,  and  is  hereby  repealed. 

Approved,  Hay  1, 1802. 


SEVENTH  CONGRESS.    Sess.  I.  Ch.  46.    1802. 


183 


Chap.    XLV I. — Jin  Ad  making  approprialiorufi/r  the  Military  Eaiabliiihment  of 
the  United  Sttdee^  in  the  year  one  thousand  eight  hundred  and  two. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
Umied  States  of  America  in  Congress  assembled,  That  for  defraying  the 
several  expenses  of  the  military  establishment  of  the  United  States,  for 
the  year  one  thousand  eight  hundred  and  two,  for  the  Indian  department, 
for  arsenals  and  armories,  and  for  the  erection  of  fortifications,  the  fol- 
lowing sums  be,  and  the  same  hereby  are  respectively  appropriated,  that 
is  to  say: 

For  the  pay  of  the  army  of  the  United  States,  the  sum  of  two  hun- 
dred and  ninety-two  thousand  two  hundred  and  seventy-two  dollars, 
including  therein  the  sum  of  sixty  thousand  dollars  appropriated  by  an 
act  of  the  present  session. 

For  the  subsistence  of  the  army,  the  sum  of  two  hundred  and  one 
thousand  and  twenty-seven  dollars  and  forty  cents. 

For  forage,  three  thousand  eight  hundred  and  four  dollars. 

For  clothing,  sixty-six  thousand  six  hundred  and  thirty  dollars. 

For  the  medical  and  hospital  department,  ten  thousand  dollars. 

For  bounties  and  premiums,  two  thousand  dollars. 

For  all  expenses  of  transportation,  tents,  tools,  and  the  contingent 
expenses  of  the  war  department,  sixty-four  thousand  dollars. 

For  the  pay,  subsistence,  and  clothing  of  the  corps  of  engineers, 
seven  thousand  and  ten  dollars  and  eighty  cents. 

For  the  Indian  department,  seventy-one  thousand  seven  hundred  and 
fifty  ddlars. 

For  the  expenses  incident  to  the  arsenals,  magazines,  and  armories 
of  the  United  States,  sixty-six  thousand  seven  hundred  and  sixty-six 
dollars  and  eighty-eight  cents. 

For  erecting  and  completing  fortifications  and  barracks,  seventy  thou- 
sand five  hundred  dollars. 

For  running  certain  boundary  lines  between  the  Indians  and  white 
inhabitants  of  the  United  States,  and  for  ascertaining  the  lines  of  sun- 
dry reserved  tracts  of  land  in  the  Indiana  and  Northwestern  territories, 
five  thousand  dollars. 

Sec.  2.  And  be  it  fiirther  enacted.  That  for  defraying  all  expenses 
which  will  arise  in  consequence  of  discharging  the  officers,  non-com- 
missioned officers,  and  privates,  who  are,  or  shall  be,  supernumerary  by 
the  act  of  the  present  session,  intituled  "An  act  fixing  the  military 
peace  establishment  of  the  United  States,"  and  for  carrying  the  said  act 
into  complete  operation,  the  following  sums  be,  and  they  hereby  are 
respectively  appropriated,  that  is  to  say : 

For  pay  of  the  officers,  non-commissioned  officers,  and  privates,  to 
be  discharged,  thirty-nine  thousand  live  hundred  dollars. 

For  subsistence,  eighteen  thousand  dollars. 

For  clothing,  twelve  thousand  dollars. 

For  forage,  one  thousand  five  hundred  dollars. 

For  the  medical  department,  two  thousand  dollars. 

For  the  quartermaster's  department,  forty-five  thousand  dollars. 

For  bounties  and  premiums,  one  thousand  five  hundred  dollars. 

For  allowance  to  officers  and  soldiers  who  are  to  be  discharged,  thirty 
thousand  dollars. 

For  contingencies,  nine  thousand  dollars. 

Sec.  3.  And  be  it  further  enacted,  That  a  sum  not  exceeding  forty 
thousand  dollars,  including  any  unexpended  balance  of  the  sum  of  fifteen 
thousand  dollars,  appropriated  by  the  act  approved  on  the  thirteenth  of 
May,  one  thousand  eight  hundred,  intituled  <<An  act  to  appropriate  a 
certain  sum  of  money  to  defray  the  expense  of  holding  a  treaty  or  trea- 
tiei  with  the  Indians,"  be,  and  the  same  hereby  is  appropriated  for  de- 


Statute  I. 
May  1,  1S02. 

[Obsolete.] 


Specific    ap. 
propriations. 


180S,ch.9. 


1800,  ch.  ^2, 


184 


SEVENTH  CONGRESS.    Sess.  I.  Cu.  47.     1802. 


Limitation  of 
the  compensa- 
tion to  be  allow, 
ed  to  a  commis- 
sioner for  hold, 
ing  treaties  with 
Indians,  south 
of  the  Ohio. 

How  the  se- 
Toral  appropria- 
tions of  this  act 
are  to  bo  paid. 


Statutk  I. 


fraying  the  expense  of  any  treaty  or  treaties  which  may  be  held  with 
the  Indians  south  of  the  river  Ohio :  Provided,  that  the  compensation 
to  be  alJowed  to  any  commissioner  appointed,  or  who  may  be  appointed, 
for  negotiating  such  treaty  or  treaties,  shall  not  exceed,  exclusive  of 
travelling  expenses,  the  rate  of  eight  dollars  per  day,  during  the  actual 
service  of  such  commissioner. 

Sec.  4.  And  be  it  further  enacted,  That  the  several  appropriations 
herein  before  made,  shall  be  paid  and  discharged,  first,  out  of  any  bal- 
ance remaining  unexpended  of  former  appropriations  for  the  same  ol>- 
jects  respectively,  and  secondly,  out  of  any  monies  in  the  treasury  not 
otherwise  appropriated. 

Approved,  May  1,  1802. 


[Obsolete.] 
Specific   ap- 
propriations. 


May  1, 1803.      Cbap.   XLVII.— «tffi  Jid  making  appropriaiioni  for  the  tupport  cf  Oooemment 
""  ^  for  the  year  one  Ihoutana  eight  hundred  and  two. 

Be  it  enacted  hy  the  Senate  and  House  rf  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  for  the  expenditure  of 
the  civil  list,  including  the  contingent  expenses  of  the  several  depart- 
ments and  officers;  for  the  compensation  of  clerks  in  the  several  loan 
offices,  and  for  books  and  stationery  for  the  same ;  for  the  payment  of 
annuities  and  grants,  for  the  support  of  the  mint  establishment,  for  the 
expenses  of  intercourse  with  foreign  nations,  for  the  support  of  light- 
houses, beacons,  buoys,  and  public  piers,  and  for  satisfying  certain  mis- 
cellaneous claims  and  expenses,  the  following  sums,  including  therein 
1802,  ch.  15.  the  sum  of  one  hundred  thousand  dollars  already  appropriated,  by  an 
act,  intituled  '*An  act  making  a  partial  appropriation  for  the  support 
of  government  during  the  year  one  thousand  eight  hundred  and  two," 
be,  and  are  hereby  appropriated,  that  is  to  say : 

For  compensations  granted  by  law  to  the  members  of  the  Senate  and 
House  of  Representatives,  their  officers  and  attendants,  estimated  for  a 
session  of  five  months  continuance,  one  hundred  and  sixty-four  thousand 
five  hundred  and  twenty-six  dollars  and  sixty-six  cents. 

For  the  expense  of  firewood,  stationery,  printing,  and  all  other  con* 
tingent  expenses  of  the  two  houses  of  Congress,  seventeen  thousand 
dollars. 

For  extraordinary  contingent  expenses  of  the  House  of  Representa- 
tives, by  resolutions  of  the  house  during  the  present  session,  including 
also  the  expenses  of  the  library  of  the  two  houses  of  Congress,  and 
for  printing  one  thousand  copies  of  the  census  of  the  United  States, 
seven  thousand  dollars. 

For  defi'aying  the  expense  of  new  furnittire,  provided  for  the  House 
of  Representatives,  one  thousand  two  hundred  and  forty-four  dollars  and 
ei^ty-five  cents. 

For  the  compensation  to  the  President  and  Vice  President  of  the 
United  States,  thirty  thousand  dollars. 

For  compensation  to  the  Secretary  of  State,  clerks  and  persons  em- 
ployed in  that  department,  eleven  thousand  three  hundrcMl  and  sixty 
dollars. 

For  the  incidental  and  contingent  expenses  in  the  said  department, 
twelve  thousand  eight  hundred  and  fifly  dollars. 

For  compensation  to  the  Secretary  of  the  Treasury,  clerks  and  per- 
sons employed  in  his  office,  eleven  thousand  two  hundred  and  forty-nine 
dollars  and  eighty-one  cents. 

For  expenses  of  translating  foreign  languages,  allowance  to  the  per- 
son employed  in  receiving  and  transmitting  passports  and  sea  letters, 
stationery  and  printing,  eight  hundred  dollars. 

For  compensation  to  the  Comptroller  of  the  Treasury,  clerks  and 


SEVENTH  CONGRESS.    Sess.  I.  Ch.  47.    1802.  185 

penons  employed  in  bis  office,  twelve  thousand  nine  hundred  and  seventy-        Specific  ap. 
aeven  dollars  and  eight  cents.  proprUtioiii. 

For  expense  of  stationery  and  printing  in  the  Comptroller's  office, 
eight  hundred  dollars. 

For  compensation  to  the  Auditor  of  the  Treasury,  clerks  and  per- 
80118  emfJoyed  in  his  office,  twelve  thousand  two  hundred  and  twenty 
dollars  and  ninety-three  cents. 

For  expense  of  stationery  and  printing  in  the  office  of  the  Auditor, 
five  hundred  dollars. 

For  compensation  to  the  Treasurer,  clerks  and  persons  employed  in 
hia  office,  six  thousand  two  hundred  and  twenty-seven  dollars  and  forty- 
five  cents. 

For  expense  of  stationery  and  printing  in  the  Treasurer's  office,  three 
hundred  dollars. 

For  compensation  to  the  Commissiouer  of  the  Revenue,  clerks  and 
persons  employed  in  his  office,  (including  the  wages  of  two  persons  em- 
ployed in  counterstamping  paper  in  the  said  office^)  six  thousand  six 
hundred  and  fifty-three  dollars  and  six  cents. 

For  expense  of  stationery  and  printing  in  the  office  of  the  Commis- 
sioner of  the  Revenue,  four  hundred  dollars. 

For  compensation  to  the  Register  of  the  Treasury,  clerks  and  per- 
80118  employed  in  his  office,  sixteen  thousand  and  fifty-two  dollars  and 
one  cent 

For  expense  of  stationery  and  printing  (including  books  for  the  pub- 
lic stocks  and  for  the  arrangement  of  the  marine  papers)  in  the  Regis- 
ter's office,  two  thousand  eight  hundred  dollars. 

For  compensation  to  the  Superintendent  of  stamps,  clerks  and  per- 
8on8  employed  in  his  office,  one  thousand  six  hundred  and  sixteen  dollars 
and  sixty-seven  cents. 

For  expense  of  stationery  and  printing  in  the  office  of  Superintendent 
of  stamps,  two  hundred  dollars. 

For  compensation  to  the  secretary  of  the  commissioners  of  the  sink- 
ing fiind,  two  hundred  and  fifty  dollars. 

For  compensation  of  clerks  to  be  employed  in  the  treasury,  in  addition 
to  thoee  authorized  by  the  act  of  the  second  of  March,  one  thousand  seven 
hundred  akid  ninety-nine,  for  the  purpose  of  making  drafls  of  the  several 
Bunreys  of  lands  in  the  territory  of  the  United  States,  northwest  of  the 
river  Ohio,  and  for  keeping  the  books  of  the  treasury  in  relation  to  the 
nles  of  lands  at  the  severtu  land-offices,  two  thousand  dollars. 

For  fuel  and  other  contingent  expenses  of  the  treasury  department, 
induding  therein  the  sum  of  one  thousand  dollars  already  appropriated, 
four  thousand  dollars. 

For  defraying  the  expense  incident  to  the  stating  and  printing  the 
public  accounts  for  the  year  one  thousand  eight  hundred  and  two,  one 
thousand  two  hundred  dollars. 

For  defraying  the  expense  of  printing  two  large  tables  of  imports,  for 
one  year,  (ending  the  thirtieth  of  September,  one  thousand  seven  hun- 
dred and  ninety-nine,)  in  American  and  foreign  vessels,  including  paper 
furnished  for  the  same,  one  hundred  and  sixty-four  dollars. 

For  compensation  to  a  superintendent  employed  to  secure  the  build- 
ings and  records  in  the  treasury  department,  during  the  present  year, 
and  for  nine  months  service  in  the  year  one  thousand  eight  hundred  and 
one,  not  heretofore  appropriated,  including  the  expense  of  two  watch- 
men, and  the  repair  of  fire  engines,  buckets,  d&c,  one  thousand  four 
hundred  dollars. 

For  compensation  to  the  Secretary  of  War,  clerks  and  persons  em- 
|doyed  in  his  office,  eleven  thousand  two  hundred  and  fifty  dollars. 

For  expenses  of  fuel,  stationery,  printing  and  other  contingent  expenses 
in  the  office  of  the  Secretary  at  War,  one  thousand  dollars. 

Vol.  II.— 24  q  2 


186  SEVENTH  CONGRESS.    Sbss.  I.  Ch.  47.    1802. 

Spceifie  ap-  For  compensation  to  the  Accountant  of  the  War  dq>artmenty  clerka 
propnationa.  ^^^  persons  employed  in  his  office,  ten  thousand  nine  hundred  and  ten 
dollars. 

For  contingent  expenses  in  the  office  of  the  Accountant  of  the  War 
department,  one  thousand  doflars. 

For  compensation  of  clerks  employed  in  the  paymaster-general's 
office,  one  thousand  eight  hundred  doUars. 

For  fuel  in  the  said  office,  ninety  dollars. 

For  compensation  to  the  Purreyor  of  public  supplies,  clerks  and  per- 
sons employed  in  his  office,  including  a  sum  of  seven  hundred  dollars  for 
1799,  ch.  40.  compensations  to  his  clerks,  in  addition  to  the  sum  allowed  by  the  act 
of  the  second  day  of  March,  one  thousand  seven  hundred  and  ninety- 
nine,  and  for  expense  of  stationery  and  fuel  in  the  said  office,  three 
thousand  eight  hundred  dollars. 

For  compensation  to  the  Secretary  of  the  Navy,  clerks  and  persons 
employed  in  his  office,  nine  thousand  one  hundred  and  ten  dollars. 

For  expense  of  fuel,  stationery,  printing,  and  other  contingent  expenses 
in  the  office  of  the  Secretary  of  the  Navy,  two  thousand  seven  hundred 
dollars. 

For  compensation  to  the  Accountant  of  the  Navy,  clerks  and  persons 

employed  in  his  office,  including  the  sum  of  one  thousand  one  hundred 

1799,  ch.  40.   doUars,  for  compensations  to  his  clerks,  in  addition  to  the  sum  allowed 

by  the  act  of  the  second  of  March,  one  thousand  seven  hundred  and 

ninety-nine,  ten  thousand  three  hundred  and  fifty  dollars. 

For  contingent  expenses  in  the  office  of  the  Accountant  of  the  Navy, 
seven  hundred  and  fifty  dollars. 

For  compensation  to  the  Postmaster-General,  Assistant  Postmaster- 
General,  clerks  and  persons  employed  in  the  Postmaster-General's  office, 
and  for  making  good  a  deficiency  in  the  appropriation  for  clerk  hire  in 
the  said  office,  in  the  year  one  thousand  eight  hundred  and  one,  includ- 
ing a  sum  of  two  thousand  three  hundred  dollars  for  comjiensation  to 
his  clerks,  in  addition  to  the  sum  allowed  by  the  act  of  the  second  of 
March,  one  thousand  seven  hundred  and  ninety-nine,  eleven  thousand 
seven  hundred  and  five  dollars. 

For  expense  of  fuel,  candles,  stationery,  furniture,  chests,  di^c,  exclu- 
sive of  expenses  of  suits,  prosecutions,  mail  locks,  keys,  portmanteaus, 
saddle-bags,  blanks  for  post-offices,  advertisements  relative  to  the  mail, 
and  other  expenses  incident  to  the  department  at  lar^e,  these  being  paid 
for  by  the  Postmaster-General  out  of  the  funds  of  the  office,  two  thou- 
sand dollars. 

For  compensation  to  the  several  Loan  officers,  thirteen  thousand  two 
hundred  and  fifty  doUars. 

For  compensation  to  the  clerks  to  the  commissioners  of  loans,  and 
an  allowance  to  certain  Loan  officers,  in  lieu  of  clerk  hire,  and  to  de- 
fray the  authorized  expenses  of  the  several  loan  offices,  thirteen  thousand 
dollars. 

For  defiraying  the  expense  of  clerk  hire  in  the  office  of  the  commis- 
sioner of  loans,  for  the  state  of  Pennsylvania,  in  addition  to  the  per- 
manent provision  made  by  law,  in  consequence  of  the  removal  of  the 
offices  of  the  treasury  department,  in  the  year  one  thousand  eight  hun- 
dred, to  the  permanent  seat  of  government,  two  thousand  dollars. 

For  compensation  to  the  Surveyor-General,  and  the  clerks  employed 
by  him,  and 

For  expense  of  stationery  and  other  contingent  expenses  in  the  Sur- 
veyor-General's office,  three  thousand  two  hundred  dollars. 

For  defraying  the  expense  of  publishing  in  the  Sciota  Gazette,  the 
act  providing  for  the  sale  of  lands  in  the  territory  northwest  of  the  river 
Ohio,  and  of  paper  for  printing  twelve  hundred  copies  of  the  act  provid- 
ing for  the  sale  of  western  lands  of  the  United  States,  eighty-four  dollars 


SEVENTH  CONGRESS.    Sess.  I.  Ch.  47.    1802.  187 

For  eompleting  certain  surreys  authorized  by  acts  of  Congress  passed       Speclfle  ap- 
the  tenth  of  May,  one  thousand  eight  hundred,  the  eighteenth  of  Feb-  P^pn^**"- 
mary  and  third  of  March,  one  thousand  eight  hundred  and  one,  and  for 
8or?eying  and  laying  off,  according  to  law,  the  lands  around  Yincennes, 
on  the  Wabash,  in  uie  Indiana  territory,  thirty-nine  thousand  two  hun- 
dred and  ninety-six  doOars  and  ninety  cents. 

For  compensation  to  the  following  officers  of  the  Mint  :— 

The  director,  two  thousand  dollars. 

The  treasurer,  one  thousand  two  hundred  doUars. 

The  assayer,  one  thousand  five  hundred  dollars. 

The  chief  coiner,  one  thousand  five  hundred  dollars. 

The  melter  and  refiner,  one  thousand  five  hundred  dollars. 

The  engraver,  one  thousand  two  hundred  dollars. 

One  clerk,  at  seven  hundred  dollars. 

And  two,  at  five  hundred  doUars  each. 

For  the  wages  of  persons  employed  at  the  different  branches  of  melt- 
ing, refining,  coining,  carpenter,  millwright  and  smith's  work,  including 
the  sum  of  eight  hundred  doUars  per  annum,  allowed  to  an  assistant 
coiner  and  die-forger,  who  also  oversees  the  execution  of  the  iron  work, 
seven  thousand  ddlars. 

For  rq>airs  of  furnaces,  cost  of  rollers  and  screws,  bar  iron,  lead, 
steel,  office  fiimiture,  and  for  all  other  contingencies  of  the  establishment 
of  the  mint,  three  thousand  nine  hundred  dollars. 

For  compensation  to  the  governor  and  judges  and  secretary  of  the 
territory  northwest  of  the  river  Ohio,  five  thousand  one  hundred  and 
fifty  dollars. 

For  expenses  of  stationery,  printing  patents  for  land,  and  other  contin- 
gent expenses  for  lands  in  the  said  territory,  three  hundred  and  fifty  dollars. 

For  compensation  to  the  governor,  judges,  and  secretary  of  the  Mi»> 
nasippi  territory,  five  thousand  one  hundr^  and  fifty  dollars. 

For  expenses  of  stationery,  office  rent,  and  other  contingent  expenses 
in  the  said  territory,  three  hundred  and  fifty  dollars. 

For  compensation  to  the  governor,  judges,  and  secretary  of  the  Indi- 
ana territory,  five  thousand  one  hundred  and  fifty  dollars. 

For  expenses  of  stationery,  office  rent,  and  other  contingent  expenses 
ID  the  said  territory,  three  hundred  and  fifty  ddlars. 

For  additional  compensation  to  the  clerks  of  the  several  departments  1799,  eh.  40. 
of  state,  treasury,  war,  and  navy,  and  of  the  general  pootpoffice,  not  ex- 
ceeding for  each  department  respectively,  fifteen  per  centum  in  addition 
to  the  sums  allowed  by  the  act,  intituled  <'An  act  to  regulate  and  fix 
the  compensation  of  clerks,"  eleven  thousand  eight  hundred  and  eighty- 
five  dollars. 

For  the  discharge  of  such  demands  against  the  United  States,  on  ao- 
coont  of  the  civil  department,  not  otherwise  provided  for,  as  shall  have 
been  admitted  in  a  due  course  of  settlement  at  the  treasury,  and  which 
are  of  a  nature,  according  to  the  usage  thereof,  to  require  payment  in 
specie,  two  thousand  dollars. 

For  the  compensation  granted  by  law  to  the  chief  justice,  associate 
judges,  circuit  judges,  and  district  judges  of  the  United  States,  including 
the  chief  justice  and  two  associate  ji^ges  of  the  district  of  Columbia, 
and  to  the  attorney-general,  sixty-eight  thousand  six  hundred  and  fifty 
dollars. 

For  the  like  compensations  granted  to  the  district  attomies,  and  for 
defraying  the  expenses  of  the  supreme,  circuit  and  district  courts  of  the 
United  States,  including  the  court  for  the  district  of  Columbia,  jurors 
and  witnesses,  in  aid  of  the  funds  arising  firom  fines,  forfeitures  and 
penalties ;  and  likewise  for  defraying  the  expenses  of  prosecution  for 
offisnces  against  the  United  Sutes,  and  for  safe  keeping  of  prisoners, 
fiftj-six  trousand  nine  hundred  dollars. 


188  SEVENTH  CX>NGRESS.    Scss.  I.  Ch.  47.    1803. 

Specific  tp-       Por  compensation  to  the  marshals  of  the  district  of  Maine,  New  Hamp- 
propriauonf.       shire,  Vermont,  Kentucky,  East  and  West  Tennessee,  one  thousand  two 
hundred  dollars. 

For  the  payment  of  sundry  pensions  granted  by  the  late  government, 
nine  hundred  dollars. 

For  carrying  into  effect  the  act  of  Congress,  of  the  third  of  Febraary, 
one  thousand  eight  hundred  and  two,  relative  to  the  officers  and  crew 
of  the  United  States  schooner  Enterprise,  one  thousand  seven  hundred 
and  nineteen  dollars. 

For  payment  of  the  annuity  granted  to  the  children  of  the  late 
Cdonel  John  Harding  and  Major  Alexander  Trueman,  by  an  act  of 
Congress  passed  the  fourteenth  of  May,  one  thousand  eight  hundred,  six 
hundred  doUars. 

For  payment  of  the  annual  allowance  to  the  invalid  pensioners  of  the 
United  States,  for  their  pensions  from  the  fiflh  of  March,  one  thousand 
eight  hundred  and  two,  to  the  fourth  of  March,  one  thousand  eight  hun- 
dred and  three,  ninety-three  thousand  dollars. 

For  the  maintenance  and  support  of  lighthouses,  beacons,  buoys,  and 
public  piers,  and  stakeage  of  channels,  bars  and  shoals,  and  for  occa- 
sional improvement  in  the  construction  of  lanterns  and  lamps,  .and  mate- 
rials used  therein,  and  other  contingent  expenses,  including  commis- 
sions to  the  superintendents  of  the  said  lighthouses,  at  two  and  a  half 
per  centum,  forty-four  thousand  eight  hundred  and  fi)rty-one  dollars  and 
fatty-iouT  cents. 

For  the  discharge  of  such  miscellaneous  demands  against  the  United 
States,  not  otherwise  provided  for,  as  shall  have  been  admitted  in  due 
course  of  settlement  at  the  treasury,  and  which  are  of  a  nature,  accord- 
ing to  the  usage  thereof,  to  require  payment  in  specie,  four  thousand 
ddlars. 

For  defraying  the  contingent  expenses  of  government,  twenty  thou- 
sand dollars. 

For  defraying  the  expenses  of  taking  the  second  enumeration  of  the 
inhabitants  of  Uie  United  States,  in  addition  to  the  appropriation  here- 
tofore made  for  that  object,  twenty  thousand  ddlars. 

For  defraying  the  expenses  incident  to  the  purchase  or  erection  of 

1799,  ch.  12.     certain  warehouses  and  stores  for  the  reception  of  goods,  wares  and 

merchandise,  under  the  "Act  respecting  quarantine  and  health  laws," 

passed  the  twenty-fifth  of  February,  one  thousand  seven  hundred  and 

ninety-nine,  sixty-nine  thousand  and  twenty-six  dollars  and  twelve  cents. 

For  the  expenses  of  intercourse  with  foreign  nations,  sixty-four  thou- 
sand and  fifiy  dollars. 

For  the  salaries  of  the  commissioners  under  the  seventh  article  of  the 
treaty  of  amity,  commerce  and  navigation,  between  the  United  States 
and  Great  Britain,  induding  contingent  expenses,  twenty-four  thousand 
and  sixty-six  dollars  and  sixty-seven  cents. 

For  salaries  of  the  agents  of  the  United  States,  in  London  and  Paris, 
expenses  of  prosecuting  claims  and  appeals  in  the  courts  of  Great  Bri- 
tain, in  relation  to  captures  of  American  vessels,  and  defending  causes 
elsewhere,  twenty-nine  thousand  dollars. 

For  the  salary  of  an  agent  in  London  for  the  relief  and  protection  of 
American  seamen,  and  contingent  expenses  to  be  incurred  therein ;  and 
for  relieving  seamen  elsewhere,  fifteen  thousand  dollars. 

Sec.  2.  And  be  it  further  enacted^  That  the  several  appropriations 

herein  before  made,  snail  be  paid  and  discharged  out  of  the  fund  of  six 

1790,  eh.  84.      hundred  thousand  doUars  reserved  by  the  act  "  making  provision  for  the 

debt  of  the  United  Sutes,"  and  out  of  any  money  which  may  be  in  the 

treasury  not  otherwise  appropriated. 

Approved,  May  1, 1802. 


SEVENTH  CONGRESS.    Sua.  I.  Ch.  48.    1803. 


189 


Cbat.    XLVm. — An  Ad  further  to  alter  and  e$tablUh  certain  Poet  Roade »-  and 
for  the  mare  aeeure  carriage  of  the  Mail  of  the  United  8taie$. 


Statute  I. 
May  3,  1808. 


[ObMlota.] 

Be  it  enaded  by  the  Senate  and  House  ofRq^esentatives  of  the  United      poit  roads 
States  of  America  in  Congress  assembled,  That  the  following  post  roads  diKoatinaed. 
be  diBcontinaed : 

From  Pelham  to  Nottingham  West,  in  New  Hampshire. 

From  Hanover  to  Scituate,  in  Massachusetts. 

From  Bridgewater  to  Taonton. 

From  New  York  to  Saggharbor,  in  the  sUte  of  New  York. 

From  Schenectady  to  Sandy-hill. 

From  Salem  to  Bridgetown,  in  New  Jersey. 

From  Lumberton,  by  Elizabethtown,  to  AndersriUe,  in  North 
Carolina. 

From  Rockford,  by  Scull  Camp,  to  Grayson  Courthouse. 

From  Amelia  Courthouse,  by  Pridesville,  to  PaynsviUe,  in  Virginia. 

From  Washington  to  Cincinnati. 

From  Franklin  Courthouse  to  Jackson  Courthouse,  in  Georgia. 

From  Gddson's,  by  Geesbridge,  St  Tammany's,  Meduenburgh 
CoorthoQse,  Marshall's  store,  Christian's  store,  Lunenburg  Courthouse 
and  Edmund's  store,  to  Gddson's. 

Sac.  2.  And  be  it  fiuiher  enacted,  That  the  following  post  roads  be    Nowpostroada 
eeUblished:  eaubllahed. 

Jm  Maine. — From  DennysriUe  to  Eastport 

From  Machias,  by  Dennysville,  to  Scodiac 

Ik  New  Hampshure. — ^From  Pdham,  by  Windham,  to  Londonderry. 

From  Haverhill,  by  Bath  and  Littleton,  to  Lancaster. 

In  Massachusetts. — ^From  Boston,  by  Easton,  to  Taunton. 

From  Hingham,  by  Cohasset,  to  Scituate. 

From  Springfield,  by  South  Hadley,  to  Northampton. 

From  Salem,  by  Topsfield,  to  Haverhill. 

JDe  Vermont — From  Middlebury,  by  New  Haven,  Moncton,  Hinea- 
borg,  Williston,  Jericho,  Essex,  Westford,  Fairfax  and  Sheldon,  to 
Huntsburg;  to  return  from  Huntsburg,  by  Berkshire,  Enosburg,  Bakers- 
field,  Cambridge,  UnderhiU,  Jericho,  Richmond,  Huntington,  Starks- 
borough  and  Bristol,  to  Middlebury. 

From  Danville,  by  St  Johnsbury,  through  Bamet,  to  return  to  Rye- 
g*te. 

ik  Connecticut. — ^From  Hartford,  by  Coventry,  Windham  and  Canter- 
bary,  to  Plainfidd. 

From  Middletown,  by  Haddam,  to  Saybrook. 

From  New  Haven,  by  Woodbridge,  Waterbury  and  Watertown,  to 
Litchfield. 

From  Norwich,  by  Lisbon,  Canterbury,  and  Brooklyn,  to  Pomfiret 

In  New  York. — ^From  New  York,  by  Brooklyn,  Jamaica,  Hampstead, 
Merrick,  Oysterbay  South,  Huntington-  South,  Islip,  Patchauge  Fire- 
Place,  Moriches,  West  Hampton,  Southampton  and  Bridgehampton,  to 
Sagg^harbor. 

From  Hampstead,  by  Huntington,  Smithtown,  Brookhaven,  and  River- 
head,  to  Southhold. 

From  Newtown,  in  the  county  of  Tioga,  by  Catharinetown,  to 
Geneva. 

From  Schenectady  to  Ballstown  Springs,  Milton,  Saratoga  Springs, 
Greenfield,  Hadley,  Galloway,  Charleton,  and  again  to  Schenectady. 

From  Sandy-hill  to  Fort  George,  and  through  the  towns  of  Thermon 
and  Jay,  to  Plattsburff,  and  thence  to  the  norUiem  line  of  said  state. 

In  New  Jersejf.-^Vom  Woodbury,  by  Bridgetown,  Milville,  Port 
Elizabeth,  and  Cape  May  Courthouse,  to  Cape  Idand. 

From  Somerset  Courthouse,  by  Baskenridge,  to  Morristown. 


190  SEVENTH  CONGRESS.    Sess.  I.  Ch.  48.    1803. 

Newpoftroadf  From  New  Germantown,  by  David  Miller's  in  Washington  township, 
eaubliBhed.         ^^^  ^^^  Hampton,  to  Pittstown. 

In  Pennsylvania. — From  Lancaster,  by  Reading,  Allentown,  Bethle- 
hem and  Stroud's,  to  Milford. 

From  Lebanon  to  Jonestown. 

From  Jenkintown,  by  the  Cross-roads  and  New  Hope,  to  Flemington, 
New  Jersey. 

From  Chambersburg,  by  Messersburg,  to  Bedford. 

From  Downingtown,  by  West  Chester,  Kennet's  Square,  and  New 
London  Cross-roads,  to  the  Brick  Meetinff-house,  in  Maryland. 

In  Maryland, — ^From  Reisterstown,  by  M'AUisterstown,  Abbotstown, 
and  Berlin,  to  Carlisle,  Pennsylvania. 

From  Elkton,  by  the  Brick  Meeting-house,  to  the  Rising  Sun,  Black 
Horse  and  Sorrel  Horse  Taverns,  to  Lancaster,  Pennsylvania. 

From  Westminster,  in  Maryland,  by  Union  MiUs,  Petersburgh  and 
Gettysburgh,  to  Chambersburg,  in  Pennsylvania. 

From  Boonesborough,  by  Sharpsburg  and  Haserstown,  to  Messers- 
burg,  Pennsylvania.  The  mail  from  EUicott's  Mills  to  Montgomery 
Courthouse,  shall  pass  by  Brookville. 

In  Delaware. — From  Georgetown,  by  Broadkiln  Landing,  to  Lewi»- 
town. 

From  Newport,  by  Chatham,  Cochran's  and  Strasburg,  to  Lancaster, 
in  Pennsylvania. 

From  Whitelysburg  to  Frederics. 

From  Georgetown,  by  Bridge  Branch,  and  Northwest  F<ffk  Bridge,  to 
Hunting  Creek  or  New  Market,  Maryland,  as  the  postmaster  may 
direct. 

In  FirWnta.— -From  Leesburg  to  Centreville. 

From  New  Dublin,  by  Tazewell  Courthouse,  Russel  Courthouse,  and 
Lee  Courthouse,  to  Robinson's  Mills,  at  the  foot  of  Cumberland  Moun- 
tain. 

From  Cumberland  Courthouse  to  Ca  Ira. 

From  Culpepper  Courthouse,  by  Woodville  and  Mundell's  store,  to 
New  Market,  in  Shenandoah  county. 

From  Fauquier  Courthouse,  by  Aquia,  to  King  George  Courthouse. 

From  Winchester,  by  FrontrRoyal,  to  Culpepper  Courthouse. 

From  Brooke  Courthouse  to  Steubenville,  in  the  Northwestern  Terri- 
tory. 

From  Brooke  Courthouse  to  West  Liberty. 

From  Brook ington,  by  Newman's  and  Randolph's  taverns,  and  Den- 
nis' store,  to  Henderson  and  Fitzgerald's  store. 

From  Amelia  Courthouse,  by  Perkins*  store,  to  Painesville. 

From  Wylliesville,  in  Charlotte  county,  by  Speed  and  Wilson's  store. 
Sterling  Yancey's  and  Norman's  store,  to  Person  Courthouse,  in  North 
Carolina. 

From  Harrisville,  by  Field's  mill,  Quarlesville,  M'Farland's  store, 
Lunenburg  Courthouse,  Christiansville,  Marsha] Isville,  Mecklenburg 
Courthouse  and  St.  Tammany's ;  and  to  return  by  Geesbridge,  Edmund's 
store.  Field's  mill  to  Harrisville. 

From  Richmond  Courthouse  to  Tappahannock. 

In  North  Carolina. — From  Plymouth  to  Robert  Winn's,  on  Scupper- 
nong  river. 

From  Jonesburg  to  Pasquotank  river  bridge. 

From  Rutherfordstown,  by  John  Gowen's  store,  to  Greenville  Court- 
house, in  South  Carolina. 

From  Wilkes  to  Ash  Courthouse. 

The  road  from  Mount  Airy  to  Grayson  Courthouse,  in  Virginia,  shall 
pass  by  Scull  Camp. 

In  Tennessee. — From  Jonesborough  to  Carter  Courthouse. 


SEVENTH  CONGRESS.    Sbss.  1.  Ch.  48.    1802. 


191 


From  Nashville  to  Franklin. 

From  Knoxville  to  Burville. 

In  South  Carolina, — ^The  road  from  Edgefield  to  Cambridge,  shall 
pass  by  Amoe  Richardson's,  and  return  by  Northampton. 

From  Monk's  corner  over  Biggen  bridge,  by  Pineville,  Murray's 
ferry,  Santee,  to  Kingstree. 

In  Georgia, — From  Oglethorpe  Courthouse,  by  Athens,  through 
Clarksburg,  to  Jackson  Courthouse. 

From  Riceburg,  by  Fort  James,  to  Tatnall  Courthouse. 

In  Kentucky, — ^From  Shelbyville  to  Louisville. 

From  Danville,  by  Pulaski  Courthouse,  to  Wayne  Courthouse. 

In  the  Northwestern  Territory, — From  Marietta,  by  Chilicothe  and 
Williamsburg,  to  Cincinnati. 

Sec.  3.  And  be  it  further  enacted,  That  for  the  better  and  more 
secure  carrying  of  the  mail  of  the  United  States,  on  the  main  post  road 
between  Petersburg,  in  Virginia,  and  Louisville,  in  Georgia,  the  Post« 
master-General  shall  be,  and  hereby  is  authorized  and  directed  to  engage 
and  contract  with  private  companies,  or  adventurers,  for  carrying  the 
mail  of  the  United  States,  for  a  term  of  time  not  exceeding  five  years, 
in  mail  coachees  or  stages,  calculated  to  convey  passengers  therein: 
I^rooided,  that  the  expense  thereof  shall  not  exceed  a  sum  equal  to  one 
third  more  than  the  whole  of  the  present  expense  incurred  for  carrying 
the  mail  on  such  road,  on  horseback.  And  the  said  Postmaster-General 
may,  hereafter  at  his  discretion,  require  as  a  stipulation  in  the  contract 
for  carrying  the  mail  from  Suffield,  in  Connecticut,  by  Windsor,  in  Ver- 
mont, to  Dartmouth  College,  in  New  Hampshire ;  that  the  same  shall 
be  conveyed  in  a  carriage  or  line  of  stages :  Provided,  the  expense 
thereof  shall  not  exceed  more  than  one  third  the  sum  heretofore  given 
finr  carrying  the  mail  on  the  last  mentioned  route  by  a  post  rider. 

Ssc.  4.  And  be  it  Jvrther  enacted.  That  from  and  afler  the  first  day 
of  November  next  no  other  than  a  free  white  person  shall  be  employed 
in  carrying  the  mail  of  the  United  States,  on  any  of  the  post  roads,  either 
as  a  post-rider  or  driver  of  a  carriage  carrying  the  mail :  and,  every 
contractor  or  person  who  shall  have  stipulated  or  may  hereafter  stipulate 
to  carry  the  mail,  or  whose  duty  it  shall  be  to  cause  the  same  to  be  con- 
T^ed,  on  any  of  the  post  roads,  as  aforesaid,  and  who  shaU,  contrary  to 
thus  act,  employ  any  other  than  a  free  white  person  as  a  post-rider  or 
driver,  or  in  any  other  way  to  carry  the  mail  on  the  same,  shall,  for  every 
such  offence,  forfeit  and  pay  the  sum  of  fifty  dollars,  one  moiety  thereof 
to  the  use  of  the  United  States,  and  the  other  moiety  thereof  to  the  per- 
son who  shall  sue  for,  and  prosecute  the  same,  before  any  court  having 
competent  jarisdiction  thereof 

Sec.  5.  And  be  it  further  enacted.  That  all  letters,  packets  and  news- 
pq>ers  to  and  from  the  Attorney-General  of  the  United  States  shall  be 
conveyed  by  post  free  of  postage :  Provided,  that  all  letters  by  him  sent 
be  franked  in  the  manner  required  by  the  seventeenth  section  of  the 
act  to  esublish  the  post^ffice.(a) 

Sec.  6.  And  be  it  further  enacted.  That  Uie  Postmaster^eneral  be 
authorized  to  allow  the  postmasters  at  the  several  distributing  offices, 
each  compensation  as  shall  be  adequate  to  their  several  services  in  that 
respect :  Provided,  that  the  same  shall  not  exceed  in  the  whole  five  per 
cent  on  the  whole  amount  of  postages  on  letters  and  newspapers  received 
for  distribution,  and  that  the  said  allowance  be  made  to  commence  on 
thd  first  day  of  June,  in  the  year  one  thousand  eight  hundred :  Provided 
aho^  that  if  the  number  of  mails  received  at,  and  dispatched  from,  any 
sach  office  is  not  actually  increased  by  the  distributing  system,  then  no 
additional  allowance  shall  be  made  to  the  postmaster. 

Sbc.  7.  And  be  it  further  enacted.  That  there  shall  be  allowed  to 
the  deputy  postmaster  at  the  city  of  Washington,  for  his  extraordinary 


Kewpoitrotdfl 
estaUiihed. 


Postmaster- 
General  author- 
ized to  contract 
for  carrying  the 
mail  in  coaches 
from  Peters, 
burg  to  Louis- 
viUe  in  Georgia, 
for  a  time  limit- 
ed. 

Additional  ex- 
pense not  to  ex- 
ceed E  certain 
amount. 

He  may  haTe 
the    mail    from 
Suffield  in  Con- 
necticut b;^ 
Windsor,  in 
Vermont,  to 
Dartmouth  Col- 
lege, carried  in 
the  same  way. 
Under  a  limita- 
tion  of  expense. 

Free  white 
persons  to  be 
only  employed 
in  carrying  the 
mail. 

Penalty  for 
not  complying 
with  this  proTi- 
sion. 


(a)  1799,  ch.  43. 

Privilege  of 
franking  extend- 
ed to  the  Attor- 
ney-General, 
andofreceiTing 
letters,  Itc.  free 
of  postage. 

Allowances 
may  be  made  to 
the  postmasters 
at  the  distribut- 
ing offices ; 

Limitation 
thereof. 

No  allowance 
if  the  number  of 
mails  is  not  ac- 
tually increased 
by  the  distribut- 
ing system. 

An  additional 
compensation  to 


193 


SEVENTH  CONGRESS.    Sbss.  I.  Ch.  43, 51.     1602. 


the  deputy  pott- 
matter  at  the 
cityofWaahinp 
ton. 

Thia  act  not 
to  affect  exitting 
contractt. 

Statute  I. 
May  3,  1902. 

[Obaolete.] 
Specific  ap. 
propriation. 


expenses  incurred  in  the  discharge  of  the  duties  of  his  office,  an  addi- 
tional compensation,  at  the  rate  of  one  thousand  ddlars  per  annum,  to 
be  computed  from  the  first  daj  of  January  last 

Sec.  8.  And  be  it  Jurtker  enacted^  That  this  act  shall  not  be  so  coin 
stnied  as  to  affect  any  existing  contracts  for  carrying  the  mail 

Approved,  May  3,  1802. 


Chap.  XLIX.— ^n  Met  making  an 
Convention  between  the  United Statee't 


^     ^      \for  carrying  into  dfeet  the 
^America  and  Hie  JSritannie  majeety. 


How  to  be  ap. 
plied. 


Statots  1. 


Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled,  That  for  carrying  into 
effect  the  conyention  of  the  eighth  day  of  January,  one  thousand  eight 
hundred  and  two,  between  the  United  States  of  America  and  His  Bri- 
tannic Majesty,  the  sum  of  two  millions  six  hundred  and  sixty-four  thou- 
sand dollars  be,  and  the  same  hereby  is  appropriated. 

Sec.  2.  And  be  it  further  enacted,  That  the  aforesaid  sum  shall  be 
paid  in  such  instalments,  and  at  such  times,  as  are  fixed  by  the  said 
convention,  out  of  any  monies  in  the  treasury,  not  otherwise  appro- 
priated. 

Approved,  May  3, 1802. 


May  3, 1802.      Chap.  LI.— ^n 


Faad  provided 
for  the  relief  of 
tick  and  dita- 
bled  teamen. 

Act  of  July  16, 

1798,  ch.77. 
Act  of  March  S, 

1799,  ch.  24. 

Snm  appro- 
priated for  an 
notpital  in  Mat- 
tachoaetta. 

Pretident  may 
caute  accom- 
modationt,  &c. 
to  be  prorided 
for  the  relief  of 
the  U.  Statea 
teamen  at  New 
Orleant,  with 
the  content  of 
the  local  gov- 
ernment. 


Maatert  of 
boatt,  raftt,  ke. 
going  to  New 
Orleant,  down 
tiie  Mittittippi, 
to  make  reporta 
of  the  number 
ofhandt,  Itc. 


Jkt  to  amend  an  act  intituled  **Jn  act  for  the  relief  of  dek  and 
dieahled  Seamen^^^  and  for  other  purpotee. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America,  in  Congress  assembled,  Tnat  the  monies  heretofore 
collected  in  pursuance  of  the  several  acts  **  for  the  relief  of  sick  and 
disabled  seamen,"  and  at  present  unexpended,  together  with  the  monies 
hereafter  to  be  collected  by  authority  of  the  before-mentioned  acts,  shall 
constitute  a  general  fund,  which  the  President  of  the  United  States  shall 
use  and  employ  as  circumstances  shall  require  for  the  benefit  and  con- 
venience of  sick  and  disabled  American  seamen :  Provided,  that  the  sum 
of  fifteen  thousand  dollars  be,  and  the  same  is  hereby  appropriated  for 
the  erection  of  an  hospital  in  the  district  of  Massachusetts. 

Sec.  2.  And  be  it  further  enacted.  That  it  shall  be  lawful  for  the 
President  of  the  United  States  to  cause  such  measures  to  be  taken  as, 
in  his  opinion,  may  be  expedient  for  providing  convenient  accommoda- 
tions, medical  assistance,  necessary  attendance,  and  supplies  for  the 
relief  of  sick  or  disabled  seamen  of  the  United  States  who  may  be  at 
or  near  the  port  of  New  Orleans,  in  case  the  same  can  be  done  with 
the  assent  of  the  government  having  jurisdiction  over  the  port ;  and 
for  this  purpose,  to  establish  such  regulations,  and  to  authorize  the  em* 
ployment  of  such  persons  as  he  may  judge  proper;  and  that  for  defi'ayinff 
the  expense  thereof,  a  sum  not  exceeding  three  thousand  dollars  be  paid 
out  of  any  monies  arising  firom  the  said  uind  not  otherwise  appropriated. 

Sec.  3.  And  be  it  Jurther  enacted,  That  from  and  after  the  thirtieth 
day  of  June  next,  the  master  of  every  boat,  raft  or  flat,  belon^ng  to  any 
citizen  of  the  United  States  which  shall  go  down  the  Mississippi  with 
intention  to  proceed  to  New  Orleans  shall,  on  his  arrival  at  Fort  Adams, 
render  to  the  collector  or  naval  officer  thereof,  a  true  account  of  the 
number  of  persons  employed  on  board  such  boat,  raft  or  flat,,  and  the 
time  that  each  person  has  been  so  employed,  and  shall  pay  to  the  said 
collector  or  naval  officer  at  the  rate  of  twenty  cents  per  month,  for  every 
person  so  employed,  which  sum,  he  is  hereby  authorized  to  retain  out 
of  the  wages  of  such  person :  and  the  said  collector  or  naval  officer 
shall  not  give  a  clearance  for  such  boat,  raft  or  flat,  to  proceed  on  her 
voyage  to  New  Orleans,  until  an  account  be  rendered  to  him  of  the 


SEVENTH  CONGRESS.    Sess.  I.  Ch.  52.     1802. 


193 


namber  of  persons  employed  on  board  such  boat,  raft  or  flat,  and  the 
money  paid  to  him  by  the  master  or  owner  thereof:  and  if  any  such 
master  shall  render  a  false  account  of  the  number  of  persons,  and  the 
length  of  time  they  have  severally  been  employed,  as  is  herein  required, 
he  shall  forfeit  and  pay  fifty  dollars,  which  shall  be  applied  to,  and  shall 
make  a  part  of,  the  said  general  fund  for  the  purposes  of  this  act : 
Prmoidea^  that  all  persons  employed  in  navigating  any  such  boat,  raft 
or  flat,  shall  be  considered  as  seamen  of  the  United  States,  and  entitled 
to  the  relief  extended  by  law  to  sick  and  disabled  seamen. 

Sec.  4.  And  he  it  further  enacted.  That  the  President  of  the  United 
States  be,  and  he  is  hereby  authorized  to  nominate  and  appoint  for  the 
port  of  New  Orleans,  a  fit  person  to  be  director  of  the  marine  hospital 
of  the  United  States,  whose  duties  shall  be  in  all  instances  the  same  as 
the  directors  of  the  marine  hospitals  of  the  United  States,  as  directed 
and  required  by  the  act,  intituled  <*  An  act  for  the  relief  of  sick  and 
disabled  seamen."    J[Act  of  July  16, 1796,  chap.  76.1 

Sec.  5.  And  he  U  JurtJur  enaettd.  That  each  and  every  director  of 
the  marine  hoq>itals  within  the  United  States,  shall,  if  it  can  with 
convenience  be  done,  admit  into  the  hospital  of  which  he  is  director, 
sick  foreign  seamen,  on  the  application  of  the  master  or  commander  of 
any  foreign  vessel  to  which  such  sick  seamen  may  belong;  and  each 
seaman  so  admitted  shall  be  subject  to  a  charge  of  seventy-five  cents 
per  day  for  each  day  he  may  remain  in  the  hospital,  the  payment  of 
which  the  master  or  commander  of  such  forei^  vessel  shall  make  to 
the  collector  of  the  district  in  which  such  hospital  is  situated:  and  the 
collector  shall  not  grant  a  clearance  to  any  foreign  vessel,  until  the 
monej  due  from  sucn  master  or  commander,  in  manner  and  form  afore- 
said, shall  be  paid ;  and  the  director  of  each  hospital  is  hereby  directed, 
nnder  the  penalty  of  fifty  dollars,  to  make  out  the  accounts  against  each 
foreign  seaman  that  may  be  placed  in  the  hospital,  under  his  direction, 
and  render  the  same  to  the  collector. 

Sec.  6.  And  he  it  Jvrther  enacted.  That  the  collectors  shall  pay  the 
money  collected,  by  virtue  of  this  and  the  act  to  which  this  is  an  amend- 
ment, into  the  treasury  of  the  United  States,  and  be  accountable  there- 
for, and  receive  the  same  commission  thereon,  as  for  other  money  by 
them  coDected. 

Sec.  7.  And  he  it  further  enacted,  That  each  and  every  director  of 
the  marine  hospitals  shall  be  accountable  at  the  treasury  of  the  United 
States  for  the  money  by  them  received  in  the  same  manner  as  other 
receivers  of  public  money,  and  for  the  sums  by  them  expended  shall  be 
allowed  a  commission  at  the  rate  of  one  per  cent. 

Appboved,  May  3,  1802. 


Chap.  LIL-^n  Jkt  additional  to,  and  amendatory  (f,  an  ae/,  intituled  ^^An  act 
concerning  the  Dittrict  of  Columbia,** 

Be  it  enacted  hy  the  Senate  and  House  rf  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  the  circuit  court  of  the 
county  of  Washington,  in  the  territory  of  Columbia,  shall  have  power 
to  proceed  in  all  common  law  and  chancery  causes  which  now  are,  or 
hereafter  shall  be  instituted  before  it,  in  which  either  of  the  parties 
reside  without  the  said  territory,  in  the  same  way  that  non-residents  are 
proceeded  against  in  the  general  court  or  in  the  supreme  court  of 
chancery  in  the  state  of  Maryland. 

Sbc.  2.  And  he  it  further  enacted,  That  the  circuit  court  of  the 
county  of  Alexandria,  in  the  district  of  Columbia,  shall  have  power  to 
proceed  in  all  common  law  and  chancery  causes  which  now  are,  or 
hereafter  shall  be  instituted  before  it,  in  which  either  of  the  parties  are 
non-residents  of  said  district  of  Columbia,  in  the  same  way,  and  under 

Vol.  it.— 25  R 


Pentlty  for 
rendering  a 
false  account. 


Penoni  navio 
gating   each 
Doati,   to    be 
conaidered  aa 
•eamen    of  the 
Unitod  States. 

President  to 
appoint  a  direc- 
tor of  the  marine 
hospital  at  New 
Orleans. 

Sick  foreign 
seamen  maybe 
admitted  in  cer- 
tain cases. 

Seamen  ad- 
mitted into  the 
hospital  subject 
to  a  charge  for 
every  dsy  they 
shall  remain 
therein. 

Clearance  not 
to  be  ffiven  by 
the  collector 
until  the  money 
due  from  the 
master,  as  afore- 
said, shall  be 
paid. 

Aces,  against 
foreign  seamen 
to  be  made  out 
by  the  director 
of  the  hospital. 

Collectors  to 
pay  the  money 
they  collect  into 
the  Treasury  of 
the  U.  SUtes 
under  this  and 
the  act  to  which 
this  is  a  supple- 
ment. 

Director  of  the 
marine  hospital 
to  account  for 
the  money  re- 
ceived by  nim. 

Allowed    a 
commission. 

Statute  I. 

May  3,  1802. 

February  27, 
1801,  ch.  15. 
Same  proceed- 
ings may  be  bad 
against  non-res- 
idents in  the  cir- 
cuit court  for 
the  county  of 
Washington  as 
in  the  general 
court  or  court 
of  chancery  in 
Maryland. 

Proceedings 
against  non-res- 
identsinthecir- 
cuit  court  of  Al- 
exandria county 


194 


SEVENTH  CONGRESS.     Sess.  I.  Cn.  52.     1802. 


to  be  tho  lame 
as  in  the  district 
or  high  court  of 
chancery  in  Vir- 
ginia. 

Times  of  sea- 
sions  of  the  cir- 
cuit  courts  of 
Alexandria  and 
Washington 
counties. 

Process  here- 
tofore issued. 

Canses  de- 
pending to  stand 
adjonrned  to 
these  sessions. 

These  conrta 
have  power  to 
hold  adjourned 
sessions. 

No  capias  ad 
satisfaciendum 
to  be  issued 
where  the  costs 
do  not    eiceed 
twenty  dollars. 

Executions  in 
such  cases  to  be* 
issued  against 
the  goods  snd 
chattels  of  the 
debtors. 

Constables  to 
gi?e  bond  with 
surety,  approv- 
ed of  by  one  of 
the  district 


Clerk's  fees. 

ConsUble^s 
fees  and  com- 
missions. 

The    act   to 
which  this  is  a 
supplement  not 
to     extend     to 
cases  where,  by 
the  Virginia  and 
Maryland  laws, 
attachments 
may     issue 
against  the  pro- 
perty  of  ab- 
sconding  debt- 
ors. 

How  taxes  are 
to  be  levied  in 
the  county  of 
Alexandria. 

And  the  poor 
ofthe  said  coun- 
ty provided  for. 

The  laws  of 
Virginia  and 
Maryland  adopts 
ed  by  a  former 
act,  not  to  pro- 
hibit  the  ownera 
of  slaves  from 
hiring  them  in 
and  removing 
them    to    the 
district. 

Parts  of  for- 
mer  acta  with 
respect  to  com- 


the  same  regulations  obsenred  by  the  district  coart  or  by  the  high 
court  of  chancery  in  Virginia,  in  proceeding  against  non-residents. 

Sec.  3.  And  be  it  further  enacted.  That  the  courts  for  the  counties 
of  Alexandria  and  Washington,  shall  hereafter  be  holden  at  the  periods 
following,  to  wit:  for  the  County  of  Alexandria,  on  the  fourth  Monday 
of  June  and  November,  and  for  the  county  of  Washington,  on  the  fourth 
Monday  of  July  and  December,  in  each  year;  and  all  process  heretofore 
issued  from  the  offices  of  the  said  courts  and  not  yet  returned,  shall  be 
returnable  to  the  first  day  of  the  sessions  of  the  said  courts,  respectively, 
and  all  causes  now  depending  in  the  same  shall  stand  adjourned  and 
continued  over  to  the  next  sessions  of  the  said  courts,  as  established  by 
this  act.  And  the  said*  courts  are  hereby  invested  with  the  same 
power  of  holding  adjourned  sessions  that  are  exercised  by  the  courts  of 
Maryland. 

Sec.  4.  And  be  it  Jurther  enacted.  That  no  capias  ad  satisfaciendum 
shall  hereafter  issue  on  any  judgment  rendered  by  a  single  magistrate, 
or  in  any  case  where  the  judgment,  exclusive  of  costs,  shall  not  exceed 
twenty  dollars ;  but  that  in  such  cases,  execution  shall  be  only  on  the 
goods  and  chattels  of  the  debtor,  and  shall  issue  by  order  of  the  justice 
who  may  have  taken  cognizance  of  the  action,  ft'om  the  clerk's  office, 
and  shall  be  returnable  thereto:  that  all  such  executions  be  returnable 
on  the  first  Monday  in  every  month ;  and  that  the  same,  and  also  the 
warrant  to  bring  the  party  before  the  justice,  be  directed  to  one  of  the 
constables,  whose  duty  it  shall  be  to  obey  the  same :  that  each  of  the 
said  constables  shall  give  bond,  with  one  sufficient  surety,  to  be  approved 
of  by  any  one  of  the  district  judges,  for  the  faithful  execution  of  the  duties 
of  his  office,  in  the  sum  of  five  hundred  dollars:  that  the  clerk's  fees 
for  issuing  and  filing  the  return  of  every  such  execution,  shall  be 
twenty-five  cents ;  the  constable's  fees  for  return  and  service,  shall  be 
fifty  cents;  and  that  a  commission  of  eight  per  cent,  be  allowed  the 
constable  for  every  sum  thereon  by  him  levied. 

Sec.  5.  And  be  it  further  enacted,  That  so  much  of  the  original  act 
to  which  this  is  a  furtiier  supplement,  as  confines  the  jurisdiction  of  the 
courts  of  this  territory  to  cases  between  parties  who  are  inhabitants  of, 
or  residents  within  the  same,  shall  not  be  construed  to  extend  to  any 
case  where,  by  the  laws' of  Maryland  and  Virginia,  respectively,  attach- 
ments may  issue  to  affect  the  property  of  absconding  debtors,  or  others 
having  property  within  the  district,  and  whose  persons  are  not  ansM^er- 
able  to  the  process  of  the  court. 

Sec.  6.  And  be  it  further  enacted.  That  the  taxes  to  be  levied  in  the 
county  of  Alexandria,  shall  hereafter  be  assessed  by  the  justices  of  the 
peace  of  the  said  county,  and  the  poor  of  the  town  and  country  parts 
of  the  said  county  of  Alexandria  shall  be  provided  for  respectively,  in 
like  manner  as  the  county  and  corporation  courts  were  authorized  to  do 
by  the  laws  of  Virginia,  as  they  stood  in  force  within  the  said  county, 
on  the  first  Monday  of  December,  in  the  year  one  thousand  eight 
hundred. 

Sec.  7.  And  be  it  further  enacitd,  That  no  part  of  the  laws  of 
Virginia  or  Maryland  declared  by  an  act  of  Congress,  passed  the 
twenty-seventh  day  of  February,  one  thousand  eight  hundred  and  one, 
"  concerning  the  district  of  Columbia,"  to  be  in  force  within  the  said 
district,  shall  ever  be  construed  so  as  to  prohibit  the  owners  of  slaves  to 
hire  them  within,  or  remove  them  to  the  said  district,  in  the  same  way 
as  was  practised  prior  to  the  passage  of  the  above-recited  act.(a) 

Sec.  8.  And  be  it  Jurther  enacted,  That  so  much  of  two  acts  of  Con- 
gress, the  one  passed  on  the  twenty-seventh  day  of  February,  one  thou- 
sand eight  hundred  and  one,  intituled  **An  act  concerning  the  district 


(a)  Lee  v.  Lee,  8  Peters,  44. 


SEVENTH  CONGRESS.    Sess.  I.  Cii.  53.     1802.  • 


195 


of  Columbia;"  the  other  passed  the  third  day  of  March,  one  thousand 
eight  hundred  and  one,  supplementary  to  the  aforesaid  act,  as  provides 
for  the  compensation  to  be  made  to  certain  justices  of  the  peace  thereby 
created,  and  for  compensation  to  jurors  attending  the  courts  within  said 
district,  except  so  much  thereof  as  relates  to  their  travelling  expenses 
attending  the  same,  shall  be,  and  is  hereby  repealed :  and  jurors,  in 
fbtore,  shall  serve  in  the  said  courts,  and  be  summoned  to  attend  the 
same  in  like  manner  as  jurors  serve  and  were  summoned  in  the  courts 
of  Virginia,  prior  to  the  passage  of  the  above-recited  act. 

Sec.  9.  And  be  it  further  enacted^  That  ordinary  licenses,  retailers' 
licenses,  and  hawkers  and  pedlers*  licenses,  shall  be  granted  by  the  cir- 
cuit court  of  the  said  district,  in  the  respective  counties,  as  the  same 
were  heretofore  granted  by  the  courts  of  Maryland  and  Virginia,  respec- 
tively. And  the  several  judges  of  the  said  circuit  court  shall  have  like 
authority  to  grant  such  licenses  in  vacation,  as  the  justices  of  the  courts 
of  Maryland  and  Virginia  heretofore  possessed ;  and  the  money  arising 
from  such  licenses  shall  be  applied  to  the  use  and  benefit  of  the  said 
counties,  respectively,  in  such  manner,  and  to  such  purposes,  as  the 
justices  of  the  levy  courts  in  the  same  shall  appoint  and  direct. 

Sec.  10.  And  be  it  Jurther  enacted^  That  the  marshal  of  the  district 
of  Columbia  be,  and  he  hereby  is  authorized  and  directed,  with  the 
approbation  of  the  President  of  the  United  States,  to  cause  a  good  and 
sufficient  jail  to  be  built  within  the  city  of  Washington,  and  that  a  sum 
not  exceeding  eight  thousand  dollars  be,  and  the  same  hereby  is  appro- 
priated to  that  purpose,  to  l)e  paid  out  of  any  unappropriated  monies  in 
the  treasury. 

Sec.  11.  And  he  it  Jurther  enacted^  That  the  corporation  of  George- 
town, in  the  district  ofColumbia,  shall  have  full  power  and  authority  to 
tax  any  particular  part  or  district  of  the  town,  for  paving  the  streets, 
lanes  or  alleys  therein,  or  for  sinking  wells,  or  erecting  pumps  which 
may  appear  for  the  benefit  of  such  particular  part  or  district :  Provided, 
that  the  rate  of  tax  so  to  be  levied  shall  not  exceed  two  dollars  per  foot 
front,  and  that  the  same  shall  be  enforced  and  collected  in  the  same 
manner  that  the  taxes  which  the  said  corporation  had  heretofore  been 
authorized  to  lay  and  collect. 

Sec.  12.  And  be  it  Jurther  enacted,  That  articles  inspected  at  one 
port  in  the  said  district  shall  not  be  subject  to  a  second  inspection,  at 
any  other  port  in  the  said  district. 

Sec.  13.  And  be  it  further  enacted.  That  the  President  of  the  United 
States  be  authorized  to  cause  the  militia,  of  the  respective  counties  of 
Washington  and  Alexandria  to  be  formed  into  regiments  and  other 
corps,  conformably,  as  nearly  as  may  be,  to  the  laws  of  Maryland  and 
Virginia,  as  they  stood  in  force  in  the  said  counties,  respectively,  on  the 
first  Monday  in  December,  in  the  year  one  thousand  eight  hundred ; 
and  that  he  a[^int  and  commission,  during  pleasure,  all  such  officers 
of  the  militia  of  the  said  district,  as  he  may  think  proper ;  that  he  be 
authorized  to  call  them  into  service,  in  like  manner  as  the  executive  of 
Maryland  and  Virginia  were  authorized  in  the  counties  of  Washington 
and  Alexandria  respectively,  on  the  first  Monday  of  December,  one 
thousand  eight  hundred.  And  that  such  militia,  when  in  actual  service, 
be  entitled  to  the  same  pay  and  emoluments  as  the  militia  of  the  United 
States,  when  called  out  by  the  President 

Appbovbd,  May  3,  1802. 


Chap.  LIU.— .An  Jet  to  ineomraU  the  inhabUanis  of  the  City  cf  WaMngUm^  in 
the  Diiirict  of  Columbia. 


pensationtojai- 
tices  of  the 
peace  and  jurora 
abolished. 

Eicept  as  to 
the  travelling 
eipenses  of  ju- 
rors. 

Jarora  to  be 
summoned,  &c. 

Certain  licen- 
ses to  be  grant- 
ed in  the  same 
way  as  they 
ha?e  been  grant- 
ed by  the  courts 
of  Maryland  and 
Virginia. 

Judges  of  the 
circuit  court 
may  grant  such 
licenses  in  va- 
cation. 

Marshal  au- 
thorized to 
cause  a  jail  to 
be  built  in  the 
city  of  Wash- 
ington  with  the 
President's  ap. 
probation. 

A  limitation 
of  eipense  and 
appropriation  of 
money. 

Corporation  of 
Geoigetown  to 
lay  a  4ai. 

For  what  pur- 
pose. 

Limitation  of 
the  rate  of  tax 
and  the  manner 
to  be  enforced 
and  collected. 

Articles  in- 
spected  in  one 
port  of  the  dis- 
trict exempt 
from  further  in- 
spection in  the 
district. 

President  of 
the  U.  SUtes  to 
cause  the  mili- 
tia of  Washing- 
ton and  Alexan- 
dria counties  to 
be  organized. 
To  appoint  and 
commission  offi- 
cers, &c. 

To  call  them 
into  service. 

Their  pay  and 
emoluments 
while  in  service. 


Statute  I. 
May  3,  1803. 
Act  of  Feb- 


Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  ruary  24,  1804, 
lUted  States  of  America  in  Congress  assembled,  That  the  inhabitants  ch.  14.   Act 


Vmted 


196 


SEVENTH  CONGRESS.    Sess.  I.  Cu.  53.    1802. 


orMay4,  1812, 

ch.75,  repealed. 

Act    of  Feb. 

30. 1819,  ch.  34, 
repealed. 

Act  of  Feb. 

28. 1820,  ch.  15. 
Act   of  May 

16,    1820,    ch. 
103,  repealed. 
ActofMa7  26» 
1824,  ch.  191. 

The  inhabi. 
tanta  of  the  city 
of  Washington 
made  a  body 
politic. 

Their  powera 
aa  such. 

The  city  to 
be  divided  into 
warda. 

City  council  to 
consitt  of  twelve 
members. 

To  be  divided 
into  two  clum. 
bers,  in  what 
manner. 

Cooncil  to  be 
annually  elect- 
ed, and  by 
whom. 

Judges  of  elec- 
tions. 

Times  of  hold- 
ing the  elec- 
tions. 

How  long  the 
polls  are  to  be 
kept  open. 

When  and  how 
the  votes  are  to 
be  counted. 

Persons  hav- 
ing  the  greatest 
number   to    be 
notified  thereof 
by  the  judges, 
and   a  return 
made   to    the 
mayor  of  the 
city. 
How  the  major 
is  to  be  appoint- 
ed. 

His  contin- 
uance in  office 
and  qualifica- 
tions. 

Where  the- 
citv  council  is 
to  hold  its  ses- 
sions,and  when. 
The  mayor  may 
convene  it  on 
extra  occasions. 

What  number 
shall  make  a 
quorum  to  do 
business  in  each 
council. 

The  two  coun- 
cils may  appoint 
their  own  offi- 
cers,  &c.,  and 
make  their  own 
roles  and  regu- 
lations. 


of  the  city  of  Washington  be  constitated  a  body  politic  and  corporate; 
by  the  name  of  a  mayor  and  council  of  the  city  of  Washington,  and  by 
their  corporate  name,  may  sue  and  be  sued,  implead  and  be  impleaded, 
grant,  receive,  and  do  all  other  acts  as  natural  persons,  and  may  pur« 
chase  and  hold  real,  personal  and  mixed  property,  or  dispose  of  the 
same  for  the  benefit  of  the  said  city ;  and  may  have  and  use  a  city  seal, 
which  may  be  broken  or  altered  at  pleasure ;  the  city  of  Washington 
shall  be  divided  into  three  divisions  or  wards,  as  now  divided  by  the 
levy  court  for  the  county,  for  the  purpose  of  assessment ;  but  the  number 
may  be  increased  hereafter,  as  in  the  wisdom  of  the  city  council  shall 
seem  most  conducive  to  the  general  interest  and  convenience. 

Sec.  2.  And  be  it  further  enacted.  That  the  council  of  the  city  of 
Washington  shall  consist  of  twelve  members,  residents  of  the  city,  and 
upwards  of  twenty-five  years  of  age,  to  be  divided  into  two  chambers, 
the  first  chamber  to  consist  of  seven  members,  and  the  second  chamber 
of  five  members ;  the  second  chamber  to  be  chosen  from  the  whole 
number  of  councillors  elected,  by  their  joint  ballot.  The  city  council 
to  be  elected  annually,  by  ballot,  in  a  general  ticket,  by  the  free  white 
male  inhabitants  of  full  age,  who  have  resided  twelve  months  in  the  city, 
and  paid  taxes  therein  the  year  preceding  the  election's  being  held :  the 
justices  of  the  county  of  Washington,  resident  in  the  city,  or  any  three 
of  them,  to  preside  as  judges  of  election,  with  such  associates  as  the 
council  may,  from  time  to  time,  appoint. 

Sec.  3.  And  be  it  Jurther  enacted,  That  the  first  election  of  mem> 
bers  for  the  city  council  shall  be  held  on  the  first  Monday  in  June  next, 
and  in  every  year  afterwards,  at  such  place  in  each  ward  as  the  judges 
of  the  election  may  prescribe. 

Sec.  4.  And  be  it  Jurther  enacted,  That  the  poUs  shall  be  kept  open 
from  eight  o'clock  in  the  morning  till  seven  o'clock  in  the  evening,  and 
no  longer,  for  the  reception  of  bulots.  On  the  closing  of  the  pdl,  the 
judges  shall  close  and  seal  their  ballot-boxes,  and  meet  on  the  day  fol- 
lowing in  the  presence  of  the  marshal  of  the  district,  on  the  first  election, 
and  the  council  afterwards,  when  the  seals  shall  be  broken,  and  the 
votes  counted :  within  three  days  afler  such  election,  they  shall  give 
notice  to  the  persons  having  the  greatest  number  of  legal  votes,  that  Uiey 
are  duly  elected,  and  shall  make  their  return  to  the  mayor  of  the  city. 

Sec.  5.  And  be  it  further  enacted.  That  the  mayor  of  the  city  shall  be 
appointed,  annually,  by  the  President  of  the  United  States.  He  must 
be  a  citizen  of  the  United  States,  and  a  resident  of  the  city,  prior  to  his 
appointment. 

Sec.  6.  And  be  it  further  enacted,  That  the  city  council  shall  hold 
their  sessions  in  the  city  hall,  or,  until  such  building  is  erected,  in  such 
place  as  the  mayor  may  provide  for  that  purpose,  on  the  second  Monday 
in  June,  in  every  year ;  but  the  mayor  may  convene  them  oftener,  if  the 
public  good  require  their  deliberations.  Three  fourths  of  the  members 
of  each  council  may  be  a  quorum  to  do  business,  but  a  smaller  number 
may  adjourn  from  day  to  day:  they  may  compel  the  attendance  of 
absent  members,  in  such  manner,  and  under  such  penalties,  as  they  may, 
by  ordinance,  provide:  they  shall  appoint  their  respective  presidents, 
who  shall  preside  during  their  sessions,  and  shall  vote  on  all  questions 
where  there  is  an  equal  division ;  they  shall  settle  their  rules  of  proceed- 
ings, appoint  their  own  officers,  regulate  their  respective  fees,  and 
remove  them  at  pleasure :  they  shall  judge  of  the  elections,  returns  and 
qualifications  of  their  own  members,  and  may,  with  the  concurrence  of 
three  fourths  of  the  whole,  expel  any  member  for  disorderly  behaviour, 
or  mal-conduct  in  office,  but  not  a  second  time  for  the  same  offence: 
they  shall  keep  a  journal  of  their  proceedings,  and  enter  the  yeas  and 
nays  on  any  question,  resolve  or  ordinance,  at  the  request  of  any  meuH 
ber,  and  th^ir  deliberations  shall  be  public.    The  mayor  shall  appoint 


SEVENTH  CONGRESS.    Sess.  I.  Cb.  53.    1802. 


197 


to  an  offices  under  the  corporation.  All  ordinances  or  acts  passed  by 
the  city  council  shall  be  sent  to  the  mayor,  for  his  approbation,  and 
when  approved  by  him,  shaU  then  be  obligatory  as  such.  But  if  the  said 
mayor  shall  not  approve  of  such  ordinance  or  act,  he  shall  return  the 
same  within  five  days,  witki  his  reasons  in  writing  therefor ;  and  if  three 
Ibarths  of  both  branches  of  the  city  council,  on  reconsideration  thereof, 
approve  of  the  same,  it  shall  be  in  force  in  like  manner  as  if  he  had  ap- 
proved it,  unless  the  city  council,  by  their  adjournment,  prevent  its  return. 

Sec.  7.  And  be  ii  jurther  enacted.  That  the  corporation  aforesaid 
shall  have  full  power  and  authority  to  pass  all  by-laws  and  ordinances; 
to  prevent  and  remove  nuisances ;  to  prevent  the  introduction  of  con- 
tagious diseases  within  the  city;  to  establish  niffht  watches  or  patroles, 
and  erect  lamps ;  to  regulate  the  stationing,  anchorage  and  mooring  of 
vessels;  to  provide  for  licensing  and  regulating  auctions,  retailers  of 
liquors,  hackney  carriages,  wagons,  carts  and  £ays,  and  pawnbrokers 
within  the  city;  to  restrain  or  prohibit  gambling,  and  to  provide  for 
licensing,  regulating  or  restraining  theatrical  or  other  public  amasements 
within  the  city;  to  regulate  and  establish  markets;  to  erect  and  repair 
bridges;  to  keep  in  repair  all  necessary  streets,  avenues,  drains  and  sew- 
ers, and  to  pass  regulations  necessary  for  the  preservation  of  the  same, 
Jeeably  to  the  plan  of  the  said  city ;  to  provide  for  the  safe  keeping 
the  standard  of  weights  and  measures  fixed  by  Congress,  and  for 
the  regulation  of  all  weights  and  measures  used  in  the  city ;  to  provide 
for  the  licensing  and  regulating  the  sweeping  of  chimneys  and  fixing 
the  rates  thereof;  to  establish  and  regulate  fire  wards  and  fire  compa- 
nies ;  to  regulate  and  establish  the  size  of  bricks  that  are  to  be  made 
and  used  in  the  city ;  to  sink  wells,  and  erect  and  repair  pumps  in  the 
streets ;  to  impose  and  appropriate  fines,  penalties  and  forfeitures  for 
breach  of  their  ordinances ;  to  lay  and  collect  taxes ;  to  enact  by-laws 
for  the  prevention  and  extinguishment  of  fire ;  and  to  pass  all  ordinances 
necessary  to  give  effect  and  operation  to  all  the  powers  vested  in  the 
corporation  of  the  city  of  Washington :  Provided,  that  the  by-laws  or 
ordinances  of  the  said  corporation,  shalll>e,  in  no  wise,  obligatory  upon 
the  persons  of  non-residents  of  the  said  city,  unless  in  cases  of  in- 
tentional violation  of  by-laws  or  ordinances  previously  promulgated. 
All  the  fines,  penalties  and  forfeitures,  imposed  by  the  corporation  of 
the  city  of  Washington,  if  not  exceeding  twenty  dollars,  shall  be  reco- 
vered before  a  single  magistrate,  as  small  debts  are,  by  law,  recoverable; 
and  if  such  fines,  penalties  and  forfeitures  exceed  the  sum  of  twenty 
dollars,  the  same  shall  be  recovered  by  action  of  debt  in  the  district  court 
of  Columbia,  for  the  county  of  Washington,  in  the  name  of  the  corpo- 
ration, and  for  the  use  of  the  city  of  Washington. 

Ssc.  8.  And  he  it  furthtr  enacted.  That  the  person  or  persons  ap- 
pointed to  collect  any  tax  imposed  in  virtue  of  the  powers  granted  by 
this  act,  shall  have  authority  to  collect  the  same  by  distress  and  sale  of 
the  goods  and  chattels  of  the  person  chargeable  therewith :  no  sale  shall 
be  made  unless  ten  days  previous  notice  thereof  be  given ;  no  law  shall 
be  passed  by  the  city  council  subjecting  vacant  or  unimproved  city  lots, 
or  parts  of  lots,  to  be  sold  for  taxes. 

Sec.  9.  And  he  it  further  enacted.  That  the  city  council  shall  provide 
for  the  support  of  the  poor,  infirm  and  diseased  of  the  city. 

Sec.  10.  Provided  ahoa^s,  and  be  it  Jurther  enacted,  That  no  tax 
shall  be  imposed  by  the  city  council  on  real  property  in  the  said  city, 
at  any  higher  rate  than  three  quarters  of  one  per  centum  on  the  assess- 
ment valuation  of  such  property. 

Sec.  11.  And  he  it  further  enacted,  ThBi  this  act  shall  be  in  force 
for  two  years,  fi'om  the  passing  thereof,  and  from  thence  to  the  end  of 
the  next  session  of  Congress  thereafter,  and  no  longer. 

Apfsoved,  May  3,  1802. 

r2 


The  mayor  to 
appoint  to  aU 
offices  under  the 
corporation. 

Ordinancea  to 
be  binding  matt 
be  approved  by 
him,  bat  in  cer- 
tain cases. 

Powers  of  the 
corporation  pre- 
scribed. 


Ordinances 
and  bT-laws 
not  to  be  ob. 
ligatory  upon 
strangers  out 
in  certain  cases. 

How  fines,  Ice. 
may  be  recover- 
ed. 


Taxes  may  T.e 
collected  by  dis- 
tress and  sale 
of  personal  pro- 
perty  in  certain 
cases. 

No  sale  but 
upon  previous 
notice. 

No  law  to  be 
passed  subject- 
ing vacant  lots 
to  sale. 

City  council 
to  provide  for 
the  support  of 
the  poor. 

Limitation  of 
the  rate  of  taxa- 
tion on  real  pi  o- 
perty. 

Commence- 
ment of  this  act 
and  how  long  to 
be  in  force. 


196 


SEVENTH  CONGRESS.    Sess.  I.  Resolutions.     1802. 


Jan.  21, 1802.     I,  RcsOLunoif ,  Authorizing  the  Secretary  (/'  State  to  furnish  the  Members  of  both 

Houses  wiM  the  Laws  of  the  Sixth  umgress. 

Resolved  by  the  Senate  and  House  of  Representatives  of  (he  United 
States  of  America  in  Congress  assembled.  That  the  Secretary  of  State 
be  directed  to  cause  to  be  furnished  to  each  member  of  the  two  Houses 
of  Congress,  a  copy  of  the  laws  of  the  sixth  Congress. 

Approved,  January  21,  1802. 


Feb.  3, 1802. 

The  sense  en* 
tertained  b^ 
Congress  of  the 
gallant  conduct 
of  lieutenant 
Sterret  in  the 
capture  of  a 
Tripolitan  cor- 
sair. 

President  re- 
quested to  pre- 
sent a  swoiti  to 
him. 

An  allowance 
of  one  month's 
pay  made  to  the 
officers  fcc. 


n.  RssoLunoifS,  Expressing  the  sense  of  Congress  on  the  gallant  conduct  cf 
Lieut»  &crretj — the  officers  and  crew  of  the  United  States  schooner  Enierprize. 

Resolved  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  they  entertain  a  high 
sense  of  the  gallant  conduct  of  Lieutenant  Sterret,  and  the  other  officers, 
seamen  and  marines,  on  board  the  schooner  Enterprize,  in  the  capture 
of  a  Tripolitan  corsair,  of  fourteen  guns  and  eighty  men. 

Resolved,  That  the  President  of  the  United  States  be  requested  to 
present  to  Lieutenant  Sterret,  a  sword,  commemorative  of  tlie  aforesaid 
heroic  action ;  and  that  one  month's  pay  be  allowed  to  all  the  other  offi- 
cers, seamen  and  marines,  who  were  on  board  the  Enterprize  when  the 
aforesaid  action  took  place. 

Approved,  February  3,  1802. 


ACTS  OF  THE  SEVENTH  CONGRESS 


UNITED   STATES. 

Passed  at  the  second  session,  which  was  begun  and  held  at  the  City 
of  WasMngtan,  in  the  District  of  Columbia,  on  Monday,  the  sixth 
day  of  December,  1802,  and  ended  on  the  third  day  of  March,  1803. 

Thomas  Jefferson,  President ;  Aaron  Burr,  Vice  President  of  the 
United  States,  and  President  of  the  Senate ;  Stephen  R.  Bradley, 
President  of  the  Senate  pro  tempore,  on  the  14th  of  January,  1803, 
and  from  the  3d  of  March,  1803;  Nathaniel  Macon,  Speaker  of  the 
Hoose  of  Representatives. 


STATUTE  XL 


\<m  for  the  Nawd  Seroiee,  during 
hundred  and  three. 


Chap.  I. — ^n  Jet  making  a  _ 

the  year  one  thautand  eigi 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  sum  of  one  hundred 
thousand  dollars  be,  and  the  same  hereby  is  appropriated  towards  defray- 
ing the  expenses  of  the  navy  of  the  United  States,  during  the  year  one 
thousand  eight  hundred  and  three. 

Sec.  2.  And  be  it  further  enacted,  That  the  aforesaid  sum  shall  be 
paid,  first,  out  of  any  balance  remaining  unexpended  of  former  appro- 
priations for  the  same  object;  and  secondly,  out  of  any  monies  in  the 
treasury,  not  otherwise  appropriated. 

Approved,  January  14,  1803. 


Chap.  IV. — Jn  Ad  authorizing  the  eale  rf  a  piece  tf  land,  parcel  cf  the  Navy 
Yard  belonging  to  the  United  Statea,  in  Charkiown,  in  the  state  tf  Maua- 
ehuuttsj  to  the  proprietors  of  the  Salem  turnpike  road  and  Chelsea  bridge  ear* 
poraiton* 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  the  Secretary  of  the 
Navy  be,  and  he  hereby  is  authorized  and  empowered,  by  indenture  of 
bargain  and  sale,  in  common  form,  to  convey,  in  fee  simple,  to  the  pro- 
prietors of  the  Salem  turnpike  and  Chelsea  bridge  corporation,  by  their 
proper  name  of  incorporation,  a  certain  piece  of  land,  lying  on  the  western 
comer,  and  being  parcel  of  the  navy  yard  belonging  to  the  United 
States,  in  Charlestown,  in  the  state  of  Massachusetts,  containing  fifteen 
square  perches,  or  thereabouts,  or  so  much  thereof  as  is  required  to 
enable  the  said  proprietors  to  lay  out  and  make  a  turnpike  road  from 
Salem  to  Charlestown  bridge,  near  Boston,  according  to  the  plan  exhi- 
bited to  Congress  by  the  said  proprietors. 

Sec.  2.  And  be  it  further  enacted.  That  it  shall  be  the  duty  of  the 
said  secretary,  prior  to  the  making  the  said  conveyance,  to  cause  the 
said  piece  of  land  to  be  valued  by  disinterested  men,  to  be  appointed  in 
such  manner  as  he  shall  agree  with  the  said  proprietors;  the  amount  of 
which  said  valuation,  being  paid  to  the  use  of  the  United  States,  it  shall 
then,  and  not  before,  be  lawful  for  the  said'secretary  to  make  the  afore- 
said conveyance. 
Approtbd,  February  10,  1803. 

199 


Jan.  14, 1803. 
[OlMoIete.] 


Statute  IT* 
Feb.  10,  1803. 


Secretary  of 
the  Navy  au- 
thorized to  con- 
yey  a  piece  of 
land  to  the  8a. 
lem  bridge  cor- 
poration. 


A  valuation  to 
be    ascertained 
by  diaintereeted 
peraona  and 
paid. 


200 


SEVENTH  CONGRESS.  Ssss.  11.  Ch.  5.    1803. 


Statute  II. 
Feb.  19,  1803. 


Act  of  Feb- 
ruary 24,  1804, 
ch.  13. 

In  what  man* 
ner  goodi  to  be 
exported  from 
the  Mitflinippi 
are  to  be  identi- 
fied. 


Certificate  to 
be  granted  br 
the  collector  of 
the  Minissippi 
district. 


Not  to  be  given 
till  it  is  ascer- 
tained that  the 
goods  are  of  the 
growth,  &c.  of 
the  U.  Sutes. 


Certificate  to 
be  exhibited  to 
theConsolofthe 
U.  Sutes. 


Crap.  Y,-^^n  Ad  to  provide  for  the  grarUitig  of  dearaneeM  to  ships  or  vessels 
owned  by  citizens  of  the  United  States,  lying  tn  the  river  Mississippi,  south  of 
the  southern  boundary  of  the  United  States,  mid  therein  to  amend  an  act,  intitvJkd 
^Jn  act  to  regulate  the  collection  of  duties  on  imposts  and  tonnage f**  and  for 
other  purposes. 

Be  it  enacted  by  the  8mate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled^  That  whenever  articles  of  the 
growth,  produce,  or  manufacture  of  the  United  States,  shaO  be  intended 
to  be  exported  from  any  of  the  ports  of  the  United  States  within  the 
Mississippi,  by  the  way  of  New  Orleans,  to  any  foreign  port,  the  identity 
of  such  articles  shall  be  ascertained  and  certified  in  the  same  manner 
by  the  prqper  officers  as  has  been  or  hereafter  may  be  provided,  for  the 
transportation  of  the  same  articles  to  any  of  the  ports  of  the  United 
States,  without  the  Mississippi. 

Sec.  2.  And  be  it  further  enacted,  That  it  shall  be  lawful  for  the 
collector  of  the  customs  for  the  district  of  Mississippi,  to  grant  to  any 
ship  or  vessel  owned  by  citizens  of  the  United  States,  laden  with  articles 
of  the  growth,  produce,  or  manufacture  of  the  said  states,  and  actually 
lying  in  some  part  of  the  river  Mississippi,  south  of  the  southern  bound- 
ary of  the  United  States,  a  clearance  in  the  same  manner  as  if  such 
ship  or  vessel  was  lying  within  the  said  district,  which  clearance  shall 
be  of  the  form  following,  to  wit: 

"District  of  Mississippi,  to 
Port  of  Adams, 

These  are  to  certify  to  all  whom  it  doth  concern,  that  master 

or  commander  of  the  burthen  tons  or  thereabouts, 

mounted  with  guns  (if  any)  navigated  with  men 

built,  now  lying  in  the  river  Mississippi,  out  of  the  limits  of  the  United 
States,  and  bound  for  having  on  board  (here  specify 

the  articles  if  required)  being  of  the  grovrth,  produce,  or  manufacture 
of  the  United  States,  or  (if  no  specification  be  required)  being  laden 
with  articles  of  the  growth,  produce,  or  manufacture  of  the  United 
States,  hath  here  cleared  his  said  vessel  according  to  law: 

Given  under  my  hand  and  seal,  at  the  custom-house  of  Fort  Adams, 
this  day  of  one  thousand  eight  hundred  and 

and  in  the  year  of  the  independence  of  the  United  States  of 

America." 

Provided  nevertheless,  That  such  clearance  shall  not  be  granted  until 
the  identity  of  the  articles  laden  on  board  such  ship  or  vessel,  as  being 
of  the  growth,  produce,  or  manufacture  of  the  United  States,  shall  be 
established  to  the  satisfaction  of  the  said  collector,  either  by  the  exhibi- 
tion of  a  certificate  to  that  effect,  from  the  consul,  vice-consul,  or  other 
authorized  agent  of  the  United  States,  residing  at  or  near  New  Orleans 
on  the  said  river  or  otherwise :  And  provided  also,  that  before  the  de- 
parture of  such  ship  or  vessel  for  any  foreign  port  or  place  without  the 
said  river,  it  shall  be  the  duty  of  the  master  or  commander  thereof,  to 
exhibit  such  clearance  to  the  said  consul,  yice^onsul,  or  other  authorized 
agent  of  the  United  States,  who  shall  certify  thereon  under  his  consular 
seal,  if  he  be  satisfied  that  the  state  of  the  cargo  at  the  time  of  such 
exhibition  correspond  therewith,  that  such  is  the  case ;  or  if  the  whole 
or  any  part  thereof  shall  have  been  unladen,  or  otherwise  changed,  so 
as  not  to  agree  with  the  tenor  of  such  clearance,  he  shall  accordingly 
state  the  same. 

Sec.  3.  And  be  it  fiarther  enacted.  That  the  consul,  vice-consul,  or 
other  authorized  agent  of  the  United  States,  residing  at  New  Orleans, 
or  at  such  other  place  or  d€!)>osit  on  the  banks  of  the  Mississippi,  south 
of  the  southern  boundary  of  the  United  States,  as  may  be  araigned  by 
virtue  of  the  treaty  of  San  Lorenzo,  shall  be  entitled  to  receive  from  the 


SEVENTH  CONGRESS.    Se3S.  II.  Ch.  6,  7.     1803. 


^1 


eaptains  or  owners  of  American  vessels,  two  dollars  for  each  certificate 
he  shall  sign,  certifying  that  the  articles  contained  in  such  certificate, 
are  of  the  growth,  produce,  or  manufacture  of  the  United  States;  and 
he  shall  also  be  authorized  to  employ  a  proper  person  to  attend  to  the 
landing  and  loading  such  articles,  whose  duty  therein,  and  compensa- 
tion, shall  be  the  same  as  those  of  an  inspector  of  customs  in  one  of  the 
ports  of  the  United  States,  which  compensation  shall  be  considered  as  a 
charge  against  the  revenue,  and  defrayed  by  the  collector  for  the  district 
of  Mississippi,  out  of  the  monies  received  by  him  on  account  of  the 
daties  on  tonnage  and  merchandise. 
Appboted,  Febmary  19, 1803. 


Statute  II. 


Chap.  YL-^in  Jet  for  the  reUrfcf  the  sufferers  by  fire^  in  the  town  (f  Ports'     Feb.  19,  1803. 


Be  it  enacted  by  the  Senate  and  Home  of  Reprtsentatiots  of  the  United 
States  of  America  in  Congress  assembled.  That  all  persons  who,  being 
indebted  to  the  United  States,  for  duties  on  merchandise,  have  given 
bond  therefor,  with  one  or  more  sureties,  payable  to  the  collector 
for  the  district  of  Portsmouth,  and  who  have  suffered  a  loss  of  property 
hy  the  late  conflagration  at  that  place,  shall  be,  and  they  hereby  are 
aUowed  to  take  up,  or. have  cancelled,  all  bonds  heretofore  given  for 
duties  as  aforesaid,  upon  giving  to  the  said  collector  new  bonds,  with 
one  or  more  sureties,  to  the  satisfaction  of  said  collector,  for  the  sums 
of  their  former  bonds  respectively,  payable  in  twelve  months  from  and 
after  the  day  of  payment  specified  in  the  bonds  to  be  taken  up  or 
cancelled  as  aforesaid ;  and  the  said  collector  is  hereby  authorized  and 
directed,  to  give  up  or  cancel,  all  such  bonds  upon  the  receipt  of  others 
as  described  in  this  act ;  which  last  mentioned  bonds  shall  be  proceeded 
with,  in  all  respects,  like  other  bonds  which  are  taken,  by  collectors  for 
duties  due  to  Uie  United  States:  Provided  however,  that  nothing  in  this 
act  contained  shall  extend  to  bonds  which  had  fallen  due  before  the 
twenty-sixth  day  of  December  last. 

Approved,  February  19,  1803. 


Chap.  VII. — An  Jet  to  provide  for  the  due  execution  cf  the  laws  of  the  United 
States^  within  the  state  of  Ohio, 

Whbrkas,  the  people  of  the  Eastern  division  of  the  territory  northwest 
of  the  river  Ohio,  did,  on  the  twenty-ninth  day  of  November,  one  thou- 
sand eight  hundred  and  two,  form  for  themselves  a  constitution  and 
state  government,  and  did  give  to  the  said  state  the  name  of  the  **  State 
of  0£o,"  in  pursuance  of  an  act  of  Congress,  intituled  "An  act  to 
enable  the  people  of  the  Eastern  division  of  the  territory  northwest  of 
the  river  Ohio,  to  form  a  constitution  and  state  government,  and  for  the 
admission  of  such  state  into  the  Union  on  an  equal  footing  with  the 
original  states,  and  for  other  purposes,"  whereby  the  said  state  has 
become  one  of  the  United  States  of  America;  in  order  therefore  to 
provide  for  the  due  execution  of  the  laws  of  the  United  States  within 
the  said  state  of  Ohio : 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled^  That  all  the  laws  of  the  United 
States  which  are  not  locally  inapplicable,  shall  have  the  same  force  and 
effect  within  the  said  state  of  Ohio,  as  elsewhere  within  the  United  States. 

Sec.  2.  Be  it  Jurther  enacted.  That  the  said  state  shaU  be  one  dis- 
trict, and  be  called  the  Ohio  district ;  and  a  district  court  shall  be  held 
therein,  to  consist  of  one  judge,  who  shall  reside  in  the  said  district, 
and  be  called  a  district  judge.    He  shall  hold  at  the  seat  of  government 

VouH.— 26 


Safferera  by 
fire  at  Poiti- 
moath  to  have 
the  indulgence 
of  further  time 
for  discharging 
their  custom- 
house bonds. 


FroTiso  that 
this  act  shall  not 
extend  to  bonds 
due  before  the 
S6th  December, 
1802. 

Statute   II. 

Feb.  19,  1803. 

Act  of  April 
30, 1803,  ch.  40. 

Laws  of  the 
United  States  to 
be  carried  into 
effect  in  the 
state  of  Ohio. 

Act  of  April 
30, 1802,  ch.  40. 


All  the  laws 
of  the  United 
States  not  local, 
ly  inapplicable 
to  be  m  force 
and  executed 
there. 

Ohio  to  be  one 
district 

District  court 
to  be  held  there- 


202 


SEVENTH  CONGRESS.    Sess.  II.  Ch.  8.     1803. 


in,  to  consist  of 
one  judge. 

Sessions  of  the 
court,  where  to 
be  held. 

Its  powers  and 
jarisdictlon. 

Clerk  to  be 
appointed. 

His  place  of 
residence,  fees, 
&c. 

Salary  of  the 
judge  to  be  1000 
dollars. 

1807,  ch.  16. 

District  attor- 
ne^  to  be  ap. 
pointed. 

His  compen- 
sation. 

Marshal  to  be 
appointed. 

His  duties  and 
compensation. 


Statute  IT. 

Feb.  26, 1803. 

[Obsolete.] 
Further    ap- 

{»ropriation    for 
breign  inter- 
course. 


President  au- 
thorized to  bor- 
row the  money. 

The  terms  and 
time  of  reim- 
bursement. 


Surplus  of  du- 
ties on  imports 
and  tonnage 
pledged  for  the 
payment  of  in- 
terest and  reim- 
bursement of 
principal. 


of  the  said  state,  three  sessions  annually,  the  first  to  commence  on  the 
first  Monday  in  June  next,  and  the  two  other  sessions  progressively  on 
the  like  Monday  of  every  fourth  calendar  month  afterwards,  and  he 
shall  in  all  things  have  and  exercise  the  same  jurisdiction  and  powers 
which  are  hy  law  given  to  the  judge  of  the  Kentucky  district :  he  shall 
appoint  a  clerk  for  the  said  district,  who  shall  reside  and  keep  the  records 
of  the  court  at  the  place  of  holding  the  same,  and  shall  receive  for  the 
services  performed  by  him,  the  same  fees  to  which  the  clerk  of  the 
Kentucky  district  is  entitled  for  similar  services. 

Sec.  3.  Be  it  further  enacted,  That  there  shall  be  allowed  to  the 
judge  of  the  said  district  court,  the  annual  compensation  of  one  thou- 
sand dollars,  to  commence  from  the  date  of  his  appointment,  to  be  paid 
quarter-yearly  at  the  treasury  of  the  United  States. 

Sec.  4.  Be  it  further  enacted.  That  there  shall  be  appointed  in  the 
said  district,  a  person  learned  in  the  law,  to  act  as  attorney  for  the  United 
States,  who  shall,  in  addition  to  his  stated  fees,  be  paid  by  the  United 
States,  two  hundred  dollars  annually,  as  a  full  compensation  for  all  extra 
services. 

Sec.  5.  And  he  it  further  enacted.  That  a  marshal  shall  be  appointed 
for  the  said  district,  who  shall  perform  the  same  duties,  be  subject  to  the 
same  regulations  and  penalties,  and  be  entitled  to  the  same  fees  a»are 
prescribed  to  marshals  in  other  districts,  and  shall  moreover  be  entitled 
to  the  sum  of  two  hundred  dollars  annually,  as  a  compensation  for  all 
extra  services. 

Approved,  February  19,  1803. 


Chap.  VIII.-v?»  Ad 

intercourse  beitoeen  the  VhiU 


ji/or  the  expenses  attending  the 

t  States  and  foreign  nations. 


Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  ossenAled,  That  a  sum  of  two 
millions  of  dollars,  in  addition  to  the  provision  heretofore  made,  be, 
and  the  same  is  hereby  appropriated  for  the  purpose  of  defraying  any 
extraordinary  expenses  which  may  be  incurred  in  the  intercourse  be- 
tween the  United  States  and  foreign  nations,  to  be  paid  out  of  any  money 
in  the  treasury,  not  otherwise  appropriated,  and  to  be  applied  under  the 
direction  of  the  President  of  the  United  States,  who  shall  cause  an 
account  of  the  expenditure  thereof  to  be  laid  before  Ck>ngress,  as  soon 
as  may  be. 

Sec.  %  And  be  it  further  enacted,  That  the  President  of  the  United 
States  may,  if  he  shall  deem  it  necessary,  and  he  hereby  is  authorized  to 
borrow  the  whole,  or  any  part  of  the  said  sum,  at  an  interest  not  exceed- 
ing six  per  centum  per  annum,  reimbursable  before  the  year  one  thou- 
sand eight  hundred  and  eleven :  and  it  shall  be  lawful  for  the  Bank  of 
the  United  States  to  lend  the  whole,  or  any  part  of  the  same. 

Sec.  3.  And  be  it  further  enacted.  That  so  much  as  may  be  necessary 
of  the  surplus  of  the  duties  on  imports  and  tonnage,  beyond  the  perma- 
nent appropriation  heretofore  charged  upon  them  by  law,  shall  be,  and 
hereby  is  pledged  and  appropriated  for  the  payment  of  the  interest,  and 
reimbursement  of  the  principal  of  all  such  monies  as  may  be  borrowed 
in  pursuance  of  this  act,  according  to  the  terms  and  conditions  on 
which  the  loan  or  loans  may  be  effected. 

Approved,  February  26, 1803. 


SEVENTH  CX>NGR£SS.    Sess.  II.  Ch.  9.     1803. 


Statute  II. 


I'BAP.  iX. — Jtn  Jet  9upplemerUary  to  the  ^^  act  concerning  Contuk  and  ViU'Con*     Feb.  28, 1803. 
9ub^  and  for  the  further  protection  ff  JSmeriean  Seamen,^^{a) 


Be  it  enacted  hy  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  before  a  clearance  be 
granted  to  any  vessel  bound  on  a  foreign  voyage,  the  master  thereof 
shall  deliver  to  the  collector  of  the  customs,  a  list,  containing  the  names, 
places  of  birth  and  residence,  and  a  description  of  the  persons  who 
compose  his  ship's  company,  to  which  list  the  oath  or  affirmation  of  the 
captain  shall  be  annexed,  that  the  said  list  contains  the  names  of  his 
crew,  together  with  the  places  of  their  birth  and  residence,  as  far  as  he 
can  ascertain  them,  and  the  said  collector  shall  deliver  him  a  certified 
copy  thereof,  for  which  the  collector  shall  be  entitled  to  receive  the  sum 
of  twenty-five  cents;  and  the  said  master  shall  moreover  enter  into  bond 
with  sufficient  security,  in  the  sum  of  four  hundred  dollars,  that  he  shall 
exhibit  the  aforesaid  certified  copy  of  the  list  to  the  first  boarding  officer, 
at  the  first  port  in  the  United  States,  at  which  he  shall  arrive  on  his  re> 
turn  thereto,  and  then  and  there  also  produce  the  persons  named  therein, 
to  the  said  boarding  officer,  whose  duty  it  shall  be  to  examine  the  men 
with  such  list,  and  to  report  the  same  to  the  collector,  and  it  shall  be 
the  duty  of  the  collector  at  the  said  port  of  arrival,  (where  the  3ame 
is  difierent  from  the  port  from  which  the  vessel  originally  sailed)  to 
transmit  a  copy  of  the  list  so  reported  to  him,  to  the  collector  of  the 
port  from  which  said  vessel  originally  sailed :  Provided,  that  the  said 
bond  shall  not  be  forfeited  on  account  of  the  said  master  not  producing 
to  the  first  boarding  officer,  as  aforesaid,  any  of  the  persons  contained 
in  the  said  list,  who  may  be  discharged  in  a  foreign  country  with  the 
consent  of  the  consul,  vice-consul,  commercial  agent,  or  vice-commer- 
cial agent  there  residing,  signified  in  writing,  under  his  hand  and 
official  seal,  to  be  produced  to  the  collector  with  the  other  persons 
composing  the  crew  as  aforesaid ;  nor  on  account  of  any  such  person 
dying  or  absconding,  or  being  forcibly  impressed  into  other  service,  of 
which  satisfactory  proof  shall  be  then  also  exhibited  to  the  collector. 

Sec.  2.  And  be  it  Jwrtlter  enacted,  That  it  shall  be  the  duty  of  every 
master  or  commander  of  a  ship  or  vessel,  belonging  to  citizens  of  the 
United  States,  who  shall  sail  firom  any  port  of  the  United  States,  afler 
the  first  day  of  May  next,  on  his  arrival  at  a  foreign  port,  to  deposit  his 
register,  sea  letter,  and  Mediterranean  passport  with  the  consul,  vice- 
consul,  commercial  agent,  or  vice-commercial  agent,  (if  any  there  be  at 
such  port ;)  that  in  case  of  refusal  or  neglect  of  the  said  master  or  com- 
mander, to  deposit  the  said  papers  as  aforesaid,  he  shall  forfeit  and  pay 
five  hundred  dollars,  to  be  recovered  by  the  said  consul,  vice-consul, 
commercial  agent,  or  vice-commercial  agent,  in  his  own  name,  for  the 
benefit  of  the  United  States,  in  any  court  of  competent  jurisdiction ;  and 
it  shall  be  the  duty  of  such  consul,  vice-consul,  commercial  agent,  or 
vice-commercial  agent,  on  such  master  or  commander  producing  to  him 
a  dearance  from  the  proper  officer  of  the  port,  where  his  ship  or  vessel 
may  be,  to  deliver  to  the  said  master  or  commander  all  of  his  said  papers : 
Provided,  such  master  or  commander  shall  have  complied  with  the  pro- 
▼isions  contained  in  this  act,  and  those  of  the  act  to  which  this  is  a 
supplement 

Sec.  3.  And  be  it  further  enacted.  That  whenever  a  ship  or  vessel 
belonging  to  a  citizen  of  the  United  States,  shall  be  sold  in  a  foreign 
country,  and  her  company  discharged,  or  when  a  seaman  or  mariner,  a 
citizen  of  the  United  States,  shall,  with  his  own  consent,  be  discharged 
in  a  foreign  country,  it  shall  be  the  duty  of  the  master  or  commander  to 
produce  to  the  consul,  vice-consul,  commercial  agent,  or  vice-commercial 
agent,  the  list  of  his  ship's  company,  certified  as  aforesaid ;  and  to  pay 


Act  of  April 
14, 1793,  ch.  24. 
Act  of  May  1, 
1810,  ch.  44. 
ActofFebrnary 
28, 1811,  ch.  28. 
Act  of  March 
3,  1817,  ch. 
40. 

Masters  of 
vessels  to  de- 
liver lists  to  the 
collectors  of  the 
ports  whence 
they  go  from  the 
U.Sutes  of  their 
ship's     compa- 
nies, containmff 
descriptions   of 
their  persons, 
&c. 

Certified    co> 

f>ies  to   be  de- 
ivored    to   the 
masters :  fees  to 
be  paid  for 
them. 

Masters  to  en- 
ter into  bonds, 
for  what  condi- 
tioned. 

Provisions  in 
favor  of  the  cap 
tains. 

Proofs  of  per. 
sons  discharged 
in  foreign  ports, 
or  persons  dyine 
to  be  exhibited 
to  collectors. 

Masters  of 
vessels  belong- 
ing to  U.  States 
arriving  in  for. 
eignpoits  to  de- 
liver to  the  con 
sols,  &c.   there 
certain  papers. 
Penalty  mr  not 
doing  it. 

Act  of  March 
3, 1817,  ch.  40. 


Acts  to  be 
done  upon  the 
discharge  of 
American  sea. 
men  in  foreign 
ports. 

Lists  of  the 
ship's  company 
to  De  fiimished 
to  the  consul. 


(a)  See  note  to  act  of  April  14, 1792,  chap.  24,  vol.  i.  p.  254. 


ao4 


SEVENTH  CONGRESS.    Sess.  II.  Cb.  9.    1803, 


^ 


Three  months 
pay  for  every 
seaman  dy- 
charged  to  be 
paid  to  the  con- 
sul, two  thirds 
of  which  to  be 
paid  by  the  con- 
sul to  the  sea- 
man. 

Residue  to  be 
retained  by  the 
consul  to  create 
a  fund  for  the 
payment  of  the 
passages  of  sea- 
men to  the  U. 
Sutes. 

Consuls,   fcc. 
to    provide    for 
destitute  sea- 
men, &c.  sub- 
sistence   and 

issages  to  the 
Sutei.  sub- 
ject to  the  in- 
structions of  the 
Secretary  of 
State. 

Commanders 
of  vessels  re- 
quired to  take 
such  on  board 
ifnot  more  than 
two  to  every 
hundred  tons. 

On  terms  not 
exceeding  ten 
dollars  each. 

Seamen,  fcc. 
to  do  duty  if 
able. 

Penslty  on  the 
refusal  of  the 
captain  or  mas- 
ter. 


Act  of  Feb. 
ruary  S8,  1811, 
ch.28. 

Seventh  and 
eighth  sections 
of  the  act  of 
April  14,  1792, 
ch.  24, concern- 
ing consuls  and 
vice-consuls  re- 
pealed. 

Secretary  of 
Stale  to  reim- 
burse the  con- 
suls, &c. 

Consuls,    &c. 
may  receive  fif- 
ty centa  for  a 
certificste    of 
discharge  and 
two  and  a  half 
per   cent,    on 
psying  and  re- 
ceiving the  wa- 
ges ofdischarg- 
cd  seamen  in  fo- 
reign porta. 


to  such  consul,  Tice-consul,  commercial  agent,  or  vice-commercial  agent, 
for  every  seaman  or  mariner  so  discharged,  being  designated  on  such 
list  as  a  citizen  of  the  United  States,  three  months  pay,  over  and  above 
the  wages  which  may  then  be  due  to  such  mariner  or  seaman,  two  thirds 
thereof  to  be  paid  by  such  consul,  or  commercial  agent,  to  each,  seaman 
or  mariner  so  discharged,  upon  his  engagement  on  board  of  any  vessel 
to  return  to  the  United  States,  and  the  other  remaining  third  to  be 
retained  for  the  purpose  of  creating  a  fund  for  the  payment  of  the  pass- 
ages of  seamen  or  mariners,  citizens  of  the  United  States,  who  may  be 
desirous  of  returning  to  the  United  States,  and  for  the  maintenance  of 
American  seamen  who  may  be  destitute,  and  may  be  in  such  foreign 
port,  and  the  several  sums  retained  for  such  fund  shall  be  accounted 
for  with  the  treasury  every  six  months  by  the  persons  receiving  the 
same. 

Sec.  4.  And  be  it  further  enacted^  That  it  shall  be  the  duty  of  the 
consuls,  vice-consuls,  commercial  agents,  vice-commercial  agents  of  the 
United  States,  from  time  to  time,  to  provide  for  the  mariners  and  sea- 
men of  the  United  States,  who  may  be  found  destitute  within  their  dis- 
tricts respectively,  sufficient  subsistence  and  passages  to  some  port  in  the 
United  States,  in  the  most  reasonable  manner,  at  the  expense  of  the 
United  States,  subject  to  such  instructions  as  the  Secretary  of  State 
shall  give ;  and  that  all  masters  and  commanders  of  vessels  belonging  to 
citizens  of  the  United  States,  and  bound  to  some  port  of  the  same,  are 
hereby  required  and  enjoined  to  take  such  mariners  or  seamen  on  board 
of  their  ships  or  vessels,  at  the  request  of  the  said  consuls,  vice-consuls, 
commercial  agents  or  vice-commercial  agents  respectively,  and  to  trans- 
port them  to  the  port  in  the  United  States  to  which  such  ships  or  vessels 
may  be  bound,  on  such  terms  not  exceeding  ten  dollars  for  each  person, 
as  may  be  agreed  between  the  said  master  and  consul,  or  commercial 
agent.  And  the  said  mariners  or  seamen  shall,  if  able,  be  bound  to  do 
duty  on  board  such  ships  or  vessels  according  to  their  several  abilities : 
Provided^  that  no  master  or  captain  of  any  ship  or  vessel  shall  be  obliged 
to  take  a  greater  number  than  two  men  to  every  one  hundred  tons  bur- 
then of  the  said  ship  or  vessel,  on  any  one  voyage ;  and  if  any  such 
captain  or  master  shall  refuse  the  same  on  the  request  or  order  of  the 
consul,  vice-consul,  commercial  agent  or  vice-commercial  agent,  such 
captain  or  master  shall  forfeit  and  pay  the  sum  of  one  hundred  dollars 
for  each  mariner  or  seaman  so  refused,  to  be  recovered  for  the  benefit 
of  the  United  States  in  any  court  of  competent  jurisdiction.  And  the 
certificate  of  any  such  consul  or  commercial  agent,  given  under  his  hand 
and  official  seal,  shall  be  j^ma  facie  evidence  of  such  refusal  in  any 
court  of  law  having  jurisdiction  for  the  recovery  of  the  penalty  aforesaid. 

Sec.  5.  And  he  it  further  enacted^  That  the  seventh  and  eighth  sec- 
tion of  the  act,  intituled  "An  act  concerning  consuls  and  vice-consuls," 
be  and  the  same  are  hereby  repealed ;  and  that  the  Secretary  of  State 
be  authorized  to  reimburse  the  consuls,  vice-consuls,  commercial  agents 
or  vice-commercial  agents,  such  reasonable  sums  as  they  may  lieretofore 
have  advanced  for  the  relief  of  seamen,  though  the  same  should  exceed 
the  rate  of  twelve  cents  a  man  per  diem. 

Sec.  6.  And  he  it  further  enacted^  That  it  shall  and  may  be  lawful 
ibr  every  consul,  vice^onsul,  commercial  agent  and  vice-commercial 
agent  of  the  United  States,  to  take  and  receive  for  every  certificate  of 
discharge  of  any  seaman  or  mariner  in  a  foreign  port  fifty  cents ;  and 
for  commission  on  paying  and  receiving  the  amount  of  wages  payable 
on  the  discharge  of  seamen  in  foreign  ports,  two  and  a  half  per  centum. 

Sec.  7.  And  he  it  further  enacted^  That  if  any  consul,  vice-consul, 
commercial  agent,  or  vice-commercial  a^ent,  shall  falsely  and  knowingly 
certify,  that  property  belonging  to  foreigners  is  property  belonging  to 
citizens  of  the  United  States,  he  shaU,  on  conviction  thereof,  m  any 


SEVEXTII  CONGRESS.    Sess.  II.  Ch.  10.     1803. 


205 


eoart  of  competent  juriadiction,  forfeit  and  pay  a  fine  not  exceeding  ten 
tlioasand  dollars,  at  the  discretion  of  the  court,  and  be  imprisoned  for 
any  term  not  exceeding  three  years. 

Sec.  8.  And  be  it  further  enacted,  That  if  any  consul,  vice-consul, 
commercial  agent  or  vice-commercial  agent,  shall  grant  a  passport  or 
other  paper  certifying  that  any  alien,  knowing  him  or  her  to  be  such,  is 
a  citizen  of  the  United  States,  he  shall,  on  conviction  thereof,  in  any 
court  of  competent  jurisdiction,  forfeit  and  pay  a  fine  not  exceeding  one 
thousand  doUars. 

Sec.  9.  And  he  it  further  enacted.  That  all  powers  of  attorney 
executed  after  the  thirtieth  day  of  June  next  in  a  foreign  country  for  the 
transfer  of  any  stock  of  the  United  States,  or  for  the  receipt  of  interest 
thereon,  shall  be  verified  by  the  certificate  and  seal  of  a  consul,  vice- 
consul,  commercial  agent  or  vice-commercial  agent,  if  any  there  be  at 
the  place  where  the  same  shall  be  executed,  for  which  the  person  giving 
the  certificate  shaU  receive  fifty  cents. 

Approved,  February  28, 1803. 


Cbap.  X.-— ^n  Sid  to  prevent  the  importation  (f  certain  pereom  into  certain  etatee^ 
where^  by  the  law»  ihere^^  their  admienon  i§ prohibited,(a) 

Be  it  enacted  by  the  Senate  and  House  of  Rqaresentatives  of  the 
United  States  of  America  in  Congress  assenwkd,  That  from  and  after 
the  first  day  of  April  next,  no  master  or  captain  of  any  ship  or  vessel, 
or  any  other  person,  shall  import  or  bring,  or  cause  to  be  imported  or 
brought,  any  negro,  mulatto,  or  other  person  of  colour,  not  being  a  native, 
a  citizen,  or  registered  seaman  of  the  United  States,  or  seamen  natives 
of  countries  beyond  the  Cape  of  Good  Hope,  into  any  port  or  place  of 
the  United  States,  which  port  or  place  shall  be  situated  in  any  state 
which  by  law  has  prohibited  or  shall  prohibit  the  admission  or  importa- 
tion of  such  negro,  mulatto,  or  other  person  of  colour,  and  if  any  captain 
or  master  aforesaid,  or  any  other  person,  shall  import  or  bring,  or  cause 
to  be  imported  or  brought  into  any  of  the  ports  or  places  aforesaid,  any 
of  the  persons  whose  admission  or  importation  is  prohibited,  as  aforesaid, 
he  shall  forfeit  and  pay  the  sum  of  one  thousand  dollars  for  each  and 
every  negro,  mulatto,  or  other  person  of  colour  aforesaid,  brought  or 
imported  as  aforesaid,  to  be  sued  for  and  recovered  by  action  of  debt,  in 
any  court  of  the  United  States ;  one  half  thereof  to  the  use  of  the  United 
States,  the  other  half  to  any  person  or  persons  prosecuting  for  the  penalty ; 
and  in  any  action  instituted  for  the  recovery  of  the  pen^ty  aforesaid,  the 
person  or  persons  sued  may  be  held  to  special  bail :  Provided  always, 
that  nothing  contained  in  this  act  shall  be  construed  to  prohibit  the 
admission  of  Indians. 

Sec.  2.  And  he  it  further  enacted,  That  no  ship  or  vessel  arriving 
in  any  of  the  said  ports  or  places  of  the  United  States,  and  having  on 
board  any  negro,  mulatto,  or  other  person  of  colour,  not  being  a  native, 
a  citizen,  or  registered  seaman  of  the  United  States,  or  seamen  natives 
of  countries  beyond  the  Cape  of  Good  Hope  as  aforesaid,  shall  be  ad- 
mitted to  an  entry.  And  if  any  such  negro,  mulatto,  or  other  person  of 
colour,  shall  be  landed  from  on  board  any  ship  or  vessel,  in  any  of  the 
ports  or  places  aforesaid,  or  on  the  coast  of  any  state  prohibiting  the 
admission  or  importation,  as  aforesaid,  the  said  ship  or  vessel,  together 
with  her  tackle,  apparel,  and  furniture,  shall  be  forfeited  to  the  United 
States,  and  one  half  of  the  nctt  proceeds  of  the  sales  on  such  forfeiture 
shall  inure  and  be  paid  over  to  such  person  or  persons  on  whose  infor- 
mation, the  seizure  on  such  forfeiture  shall  be  made. 


Consuls,  Blc. 
{giving  false  cer- 
tificatiii  subject 
to  fine  and  im- 
prisonment. 

If  for  false 
passports,  &c. 
subject  to  fines. 


Powers  of  at. 
tomer,  &c.  exe- 
cuted in  foreign 
countries  to  be 
verified  by  con- 
suls, &c.  who 
maj  receive  fiflj 
cents  on  each. 

Repealed 
March  27, 1804. 

Statutb  n. 

Feb.  S8, 1803. 


Prohibited  im. 
porution  of  per- 
sons  of  colour 
subject  to  a  fine 
of  one  thousand 
dollars  for  each, 
after  April  1, 
1803. 


Penalties. 


Persons    may 
be  held  to  bail 
against   whom 
suits  are  brought 
for  penalties. 

No  vessel  con  - 
taining  prohibit- 
ed  persons  of 
colour  admitted 
to  an  entry. 

Vessel,  &c.  to 
be  forfeited  if 
any  prohibited 
person  of  colour 
be  landed  there- 
from. 

A  moiety  of 
the  forfeiture  to 
the  informer. 


(o)  See  notes  to  act  of  March  22,  1794,  chap.  11,  vol.  i.  p.  347;  soe  also,  act  of  May  10,  1800,  chap.  51 ; 
act  of  February  28,  1803,  chap.  10 ;  act  of  March  2,  1807,  chap.  22 ;  act  of  April  20,  1818,  chap.  83; 
act  of  May  15,  1820,  chap.  112,  tec.  4, 5. 

S 


206 


SEVENTH  CONGRESS.    Sess.  II.  Ch.  11, 12, 13.     1803. 


CoUecton  and 
other  officers  to 
be  gOTerned  by 
the  laws  of  the 
states  prohibit- 
ioff  persons  of 
colour. 

Vigilance  en- 
joined to  eie- 
cme  the  law. 


Statute  II. 
Feb.  38,  1803. 

[Obsolete.] 
President  ao- 
thorized  to  nut 
into  senrice  foar 
vessels  of  six. 
teen  gnns  each. 


Appropriation 
for  the  above. 


President  an- 
thorized  to  put 
into  service  fif- 
teen gun  boats. 

Appropriation 
for  the  above. 


Statute  II. 


Sec.  3.  And  be  it  further  enacted^  That  it  shall  be  the  daty  of  the 
collectors  and  other  officers  of  the  customs,  and  all  other  officers  of  the 
revenue  of  the  United  States,  in  the  several  ports  or  places  situated  as 
aforesaid,  to  notice  and  be  governed  by  the  provisions  of  the  laws  now 
existing,  of  the  several  states  prohibiting  the  admission  or  importation 
of  any  negro,  mulatto,  or  other  person  of  colour,  as  aforesaid.  And 
they  are  hereby  enjoined  vigilantly  to  carry  into  effect  the  said  laws  of 
said  states,  conformably  to  the  provisions  of  this  act ;  any  law  of  the 
United  States  to  the  contrary  notwithstanding. 

Approved,  February  28,  1803. 


Chap.  XI.— ^fn  Act  to  provide  an  additional  armament  for  the  protection  of  the 
aeamen  and  eommeree  of  the  United  Statee, 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  President  of  the 
United  States  be,  and  he  hereby  is  authorized  and  empowered  to  cause 
to  be  built,  or  to  be  purchased  (if  the  exigencies  of  the  service  shall 
require  it)  four  vessels  of  war,  to  carry  not  exceeding  sixteen  guns  each; 
to  be  armed,  manned  and  fitted  out  for  the  protection  of  the  seamen  and 
commerce  of  the  United  States  in  the  Mediterranean  and  adjacent  seas, 
and  for  other  purposes,  as  the  public  service  may  require. 

Sec.  2.  And  be  it  further  enacted,  That  the  sum  of  ninety-six  thou- 
sand dollars  be,  and  hereby  is,  appropriated  for  the  purpose  aforesaid, 
out  of  any  monies  in  the  treasury  of  the  United  States,  not  otherwise 
appropriated. 

Sec.  3.  And  be  it  further  enacted,  That  the  President  of  the  United 
States  be,  and  he  is  hereby  authorized  and  empowered  to  cause  to  be 
built,  a  number  not  exceeding  fifleen  gun  boats,  to  be  armed,  manned 
and  fitted  out,  and  employed  for  such  purposes  as  in  his  opinion  the 
public  service  may  require ;  and  that  a  sum  not  exceeding  fifly  thou- 
sand dollars  be,  and  hereby  is  appropriated  for  this  purpose  out  of  any 
monies  in  the  treasury  of  the  United  States  not  otherwise  appropriated. 

Approved,  February  28,  1803. 


Feb.  28,  1803.      Crap.  XII. — ^n  Act  for  extending  the  external  commerce  of  the  United  States. 


[Obsolete.] 


Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled.  That  the  sum  of  two 
thousand  five  hundred  doUars  be,  and  the  same  is  hereby  appropriated 
for  the  purpose  of  extending  the  external  commerce  of  the  United  States, 
to  be  paid  out  of  any  money  in  the  treasury  not  otherwise  appropriated. 

Approved,  February  28,  1803. 


Statute  II. 
Feb.  28,  1803. 


[Obsolete.] 
Two  teachers 
of  music  added 
to  the  artiller* 
ists. 

1803,  ch.  9. 

A  teacher  of 
the  French  lan- 
guage, and  a 
teacnerofdraw. 
ing  appointed  to 
the  corps  of  en- 
gineers. 


Chap.  XIII. — Jin  Act  in  addition  to  an  act,  entituUd  *^An  act  fixing  the  military 
peace  establishment  of  the  United  Stateey 

Be  it  enacted  by  the  Senate  and  House  df  Representatives  of  the  United 
States  of  America  in  Congress  assemblea,  Th9i  there  be  added  to  the 
regiment  of  artillerists,  two  teachers  of  music,  whose  pay,  rations  and 
clothing  shall  be  the  same  as  is  by  law  allowed  to  the  teachers  of  music 
in  the  regiments  of  infantry  in  the  service  of  the  United  States. 

Sec.  2.  And  be  it  further  enacted.  That  the  President  of  the  United 
States  be,  and  he  is  hereby  authorized  to  appoint  one  teacher  t>f  the 
French  language,  and  one  teacher  of  drawing,  to  be  attached  to  the 
corps  of  engineers,  whose  compensation  shall  not  exceed  the  pay  and 
emolument  of  a  captain  in  the  line  of  the  army. 


SEVENTH  CONGRESS.     Sess.  II.  Ch.  14, 15.     1803. 


207 


Sec.  3.  And  be  ii  Jurther  enacted^  That  the  commanding  officer  of 
the  corps  of  engineers,  be  authorized  to  enlist  for  a  term,  not  less  than 
three  years,  one  artificer,  and  eighteen  men,  to  aid  in  making  practical 
experiments  and  for  other  purposes : — to  receive  the  same  pay,  rations 
and  clothing  as  are  allowed  to  the  artificers  and  privates,  in  the  army  of 
the  United  States ;  and  the  same  bounty  when  enlisted  for  five  years ; 
and  to  be  subject  to  the  rules  and  articles  of  war. 

Sec.  4.  And  be  it  further  enacted,  That  the  President  of  the  United 
States  be,  and  he  is  hereby  authorized  to  allow  to  the  paymaster  of  the 
army,  the  adjutant  and  inspector  of  the  army,  and  the  military  agent  at 
Philadelphia,  such  sums,  not  exceeding  in  the  whole  three  thousand 
dollars,  for  clerk  hire,  as  their  respective  duties  may,  in  his  opinion, 
reasonably  require. 

Approted,  February  28,  1803. 


Authority  to 
enlist  one  artifi- 
cer and  eighteen 
men. 


Clerk  hire  to 
certain  officere 
of  the  army. 


Statute  IT, 


Chap.  XIV.— ^tfn  j9c/  for  continuing  in  force  a  law^  intituled  ^^An  act  for  ettab-     Feb.  2S,  1803, 
Hshing  trading  /unuea  with  the  Indian  tribes.**  ' 


Be  it  enacted  by  the  Senate  and  House  of  Rmresentatives  of  the 
United  ^ates  of  America  in  Congress  assembled.  That  a  law  passed  on 
the  eighteenth  day  of  April,  in  the  year  of  our  Lord  one  thousand  seven 
hundred  and  ninety-six,  intituled  <'An  act  for  establishing  trading  houses 
within  the  Indian  tribes,"  and  which  law  was  revived  and  continued  by 
another,  passed  on  the  thirtieth  day  of  April,  in  the  year  of  our  Lord, 
one  thousand  eight  hundred  and  two,  shall  be,  and  the  same  is  hereby 
farther  continued  for  the  term  of  two  years,  from  the  fourth  day  of 
March  next,  and  from  thence  until  the  end  of  the  next  session  of 
Congress. 

Approted  February  28, 1803. 


[Obsolete.] 
Act  of  April, 
18, 1796,  ch.  13. 
continued  for 
two  years  from 
4thMarch,1803. 


— -^-^  Statute  II. 

Cbap.  XV. — Jin  Jd  in  addition  to  an  act,  intitukd  ^An  act  more  effeetualiu  to   March  2,  1803. 
provide  for  the  National  defence^  by  establishing  an  uniform  Militia  throughout 
the  United  States." 


JBe  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled.  That  it  shall  be  the 
duty  of  the  adjutant-general  of  the  militia  in  each  state,  to  make  return 
of  the  militia  of  the  state  to  which  he  belongs,  with  their  arms,  accoutre- 
ments, and  ammunition,  agreeably  to  the  directions  of  the  act,  to  which 
this  is  an  addition,  to  the  President  of  the  United  States  annually,  on 
or  before  the  first  Monday  in  January  in  each  year :  and  it  shall  be  the 
duty  of  the  Secretary  of  War,  from  time  to  time,  to  give  such  directions 
to  the  adjutant-generals  of  the  militia,  as  shall,  in  his  opinion,  be  neces- 
sary to  produce  an  uniformity  in  the  said  returns,  and  he  shall  lay  an 
abstract  of  the  same  before  Congress,  on  or  before  the  first  Monday  of 
February,  annually. 

Sec.  2.  And  be  it  further  enacted,  That  every  citizen  duly  enrolled 
in  the  militia,  shall  be  constantly  provided  with  arms,  accoutrements,  and 
ammunition,  agreeably  to  the  direction  of  the  said  act,  from  and  after 
he  shall  be  duly  notified  of  his  enrolment;  and  any  notice  or  warning  to 
the  citizens  so  enrolled,  to  attend  a  company,  battalion,  or  regimental 
muster,  or  training,  which  shall  be  according  to  the  laws  of  the  state  in 
which  it  is  given  S)r  that  purpose,  shall  be  deemed  a  legal  notice  of  his 
enrolment. 

Sec.  3.  And  be  it  further  enacted,  That  in  addition  to  the  officers  pro- 
vided for  by  the  said  act,  there  shall  be,  to  the  militia  of  each  state  one 
quartermaster-general,  to  each  brigade  one  quartermaster  of  brigade, 
and  to  each  regiment  one  chaplain. 

Approved,  March  2,  1803. 


Act  of  May  8, 
1792,  ch.  33. 
Act  of  April  10, 
1806,  article  20. 
Act  of  April  18, 
1814,  ch.  76. 
Act  of  May  12, 

1820,  ch.    96. 
Act  of  March  2, 

1821,  ch.  12. 
Adjutant-ge- 
neral of  the  mi- 
litia to  make 
retams  to  the 
President  annu- 
ally. 

Act  of  April 
20, 1816,  ch.  64. 

Abatracts  of 
the  returns  to  be 
laid  before  Con- 
gress. 

Citizens  en- 
rolled in  the  mi- 
litia to  be  con- 
stantly provided 
with  arms,  &c. 

Additional  o& 
ficers  to  the  mi- 
litia. 


208 


SEVENTH  CONGRESS.    Sess.  II.  Ch.  16,  17.     1803. 


Statute  II. 
March  2,  1803. 

Act  of  Jane  1, 
1796,  ch.  45. 

Unregistered 
vessels  sailing 
with  sea  letters 
to  be  furnished 
with  passports 
on  paying  ten 
dollars. 


Unregistered 
▼esscls  sailing 
to  foreign  coun- 
tries to  pay  the 
same  on  clear- 
ing as  vessels  of 
the  U.  States. 


Statute  II. 

March  2, 1803. 

[Obsolete.] 
Specific    ap- 
propriations for 
the  Navy  of  the 
United  States. 


1803,  ch.  1. 


Chap.  XVI. — Jin  Act  supplementary  to  the  act  intituled  ^^Jn  act 
ports  far  the  ships  and  vessels  of  the  United  States,'^ 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  theUnited 
States  of  America  in  Congress  assembled^  That  every  unregistered  ship 
or  vessd  owned  by  a  citizen  or  citizens  of  the  United  States,  and  sailing 
with  a  sea-letter,  going  to  any  foreign  country,  shall,  before  she  departs 
from  the  United  States,  at  the  request  of  the  master,  be  furnished  by 
the  collector  of  the  district  where  such  vessel  may  be,  with  a  passport 
of  the  form  prescribed  and  established  by  the  act  to  which  this  is  a  sup- 
plement, for  which  the  master  shall  pay  to  the  collector  ten  dollars,  and 
be  subject  to  the  rules  and  conditions  prescribed  in  the  said  act,  for  ships 
and  vessels  of  the  United  States. 

Sec.  2.  And  he  it  further  enacted^  That  there  shall  be  paid  on  every 
such  unregistered  ship  or  vessel,  sailing  or  trading  to  any  foreign  coun- 
try, other  man  some  port  or  place  in  America,  for  each  and  every  voyage, 
the  same  sum  lit  the  time  of  clearing  outwards,  to  be  received  and  ac- 
counted for  in  the  same  manner  as  is  by  said  act  required  in  cases  of 
ships  and  vessels  of  the  United  States. 

Approved,  March  2, 1803. 


CBAP.XVIIw-^n  Jtt  making  em  appropriation  for  the  support  cf  the  Navy  cfthe 
United  States^  for  the  year  one  thousand  eight  hunared  and  three. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled,  That  for  defraying  the 
expenses  of  the  Navy  of  the  United  States,  during  the  year  one  thou- 
sand eight  hundred  and  three,  and  for  making  good  deficiencies  for  the 
same,  in  the  year  one  thousand  eight  hundred  and  two,  the  following 
sums,  including  therein  the  sura  of  one  hundred  thousand  dollars  already 
appropriated  by  the  "  act  making  a  partial  appropriation  for  the  naval 
service  during  the  year  one  thousand  eight  hundred  and  three,"  be,  and 
they  hereby  are  respectively  appropriated,  that  is  to  say  : 

For  the  pay  and  subsistence  of  the  officers,  and  the  pay  of  the  seamen, 
two  hundred  and  eighty-three  thousand  nine  hundred  and  ninety-three 
dollars. 

For  provisions,  one  hundred  and  fifty-seven  thousand  three  hundred 
and  sixty  dollars  and  twenty  cents. 

For  medicines,  instruments,  hospital  stores,  and  all  expenses  on  ac- 
count of  the  sick,  seven  thousand  seven  hundred  dollars. 

For  the  purchase  of  ordnance  and  other  military  stores,  fifteen  thou- 
sand dollars. 

For  the  repairs  of  vessels,  store  rent,  and  other  contingent  expenses, 
one  hundred  and  eighty-two  thousand  dollars. 

For  completing  the  contracts  made  for  the  timber,  ordnance,  and 
other  materials  wx  the  seventy-four  gun  ships,  including  their  trans- 
portation, &c.,  one  hundred  and  fourteen  thousand  four  hundred  and 
twenty-five  dollars. 

For  the  expense  of  erection  of  sheds  and  navy  yards,  including  docks 
and  other  improvements,  the  pay  of  superintendents,  store-keepers,  clerks 
and  labourers,  forty-eight  thousand  seven  hundred  and  forty-one  dollars 
and  thirty-seven  cents. 

For  the  pay  and  subsistence  of  the  marine  corps,  including  provisions 
for  those  on  shore,  and  forage  for  the  staflT,  sixty-four  thousand  and 
ninety-five  dollars  and  sixty  cents. 

For  clothing  and  military  stores  for  the  same,  sixteen  thousand  two 
hundred  and  twenty-three  dollars  and  eighty-three  cents. 


SEVENTH  CONGRESS.    Sess.  II.  Cu.  18.     1803. 


209 


For  medicines,  medical  services,  hospital  stores,  and  all  expenses  on 
account  of  the  sick  of  the  marine  corps,  one  thousand  dollars. 

For  quartermaster's  and  barrackmaster's  stores,  officers'  travelling 
expenses,  armorers  and  carpenters'  bills,  and  other  contingent  expenses, 
nine  thousand  four  hundred  and  sixty-one  dollars. 

To  make  good  de6ciencies  in  the  appropriations  for  the  navy  of  the 
United  States,  in  the  year  one  thousand  eight  hundred  and  two,  that  is 
to  say: 

For  pay  and  subsistence  of  the  officers,  the  pay  of  the  seamen,  pro- 
visions, repairs  and  expenses  incurred  in  the  year  one  thousand  eight 
hundred  and  one,  and  which  have  been  paid  out  of  an  appropriation 
made  in  the  year  one  thousand  eight  hundred  and  two,  including  a 
deficiency  for  the  service  of  the  year  one  thousand  eight  hundred  and 
two,  one  hundred  and  sixty-eight  thousand  four  hundred  and  thirty-nine 
dollars  and  eighty-one  cents. 

For  salaries  of  superintendents  of  navy  yards,  store-keepers,  and  clerks, 
store  rent,  hire  of  labourers,  &c.,  on  account  of  expenses  incurred  in 
the  year  one  thousand  eight  hundred  and  one,  including  a  deficiency 
for  the  service  of  the  year  one  thousand  eight  hundred  and  two,  eight 
hundred  and  seventy-five  dollars  and  sixty-eight  cents. 

For  navy  yards,  docks  and  wharves,  eleven  thousand  five  hundred 
and  thirty-five  dollars  and  twenty-eight  cents. 

For  medicines,  medical  services,  and  hospital  stores  for  the  marine 
corps,  on  account  of  expenses  incurred  in  the  year  one  thousand  eight 
hundred  and  one,  including  a  deficiency  for  the  service  of  the  year  one 
thousand  eight  hundred  and  two,  five  hundred  and  ninety-six  dollars  and 
thirty-nine  cents. 

For  marine  barracks,  on  account  of  expenses  incurred  in  the  year 
one  thousand  eight  hundred  and  one,  four  hundred  and  one  dollars  and 
ninety-three  cents. 

For  the  payment  of  a  balance  due  the  estate  of  John  Habersham,  late 
coUector  at  Savannah,  for  naval  materials  ascertained  at  the  treasury, 
for  sundry  payments  made  by  him  to  John  H.  Morel,  on  the  same 
account,  including  a  commission  on  the  said  payments  at  one  percent*, 
sixteen  thousand  nine  hundred  and  forty-eight  dollars  and  thirty-seven 
cents. 

Sec.  2.  And  be  it  fitrther  enacted.  That  the  several  sums  of  money 
herein  specifically  appropriated  and  amounting  together  to  the  sum  of 
one  million  and  ninety-eight  thousand  seven  hundred  and  ninety-seven 
dollars  and  forty-six  cents,  shall  be  paid  first  out  of  the  sum  of  one  hun- 
dred thousand  dollars  already  appropriated  for  the  naval  service  during 
the  year  one  thousand  eight  hundred  and  three,  and  secondly  out  of  any 
monies  in  the  treasury  not  otherwise  appropriated. 

Afprotbd,  March  2,  1803. 


Specific  ap- 
propriationt  for 
the  Navy  of  the 
U.  Statea. 


Payment  to  the 
estate  of  John 
Habenham,  for 
naTal  materials. 


Whence    the 
appropriations 
are  to  be  drawn. 


Statute  II. 


Cbap.  XVUI^— ^fi  Jci  in  addition  to  the  aet^  intituled  **jin  aet  eoneeming  the  regie-     March  S,  1803. 
tering  and  rteording  ef  ehipe  and  veeeelt  of  the  United  Statee^*^  and  to  the  aet^ 
intittded  **jSln  aet  to  regulate  the  eolleetion  ofdutiee  on  importe  and  tonnagfJ** 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled,  That  if  any  person 
shall  knowingly  make,  utter,  or  publish  any  false  sea  letter,  Mediterra- 
nean passport,  or  certificate  of  registry,  or  sfaaU  knowingly  avail  himself 
of  any  such  Mexliterranean  passport,  sea  letter,  or  certificate  of  registry, 
he  shall  forfeit  and  pay  a  sum  not  exceeding  five  thousand  dollars,  to  be 
recovered  by  action  of  debt,  in  the  name  of  the  United  States,  in  any 
court  of  competent  jurisdiction ;  and  if  an  officer  of  the  United  States, 
be  shall  for  ever  thereafter  be  rendered  incapable  of  holding  any  office 
of  trust  or  profit,  under  the  authority  of  the  United  States. 

Vol.  n.— 27  a  2 


Act  of  Jaly 
31,  1789,  ch.  6. 
Act  of  Decem- 
ber 31, 1792,  ch. 
1.  Act  of 
March  3,  1799, 
cb.  22. 

Penalty  on 
forging  sea  let- 
ters, passports, 
9lc.  or  using 
such. 

Officera  dis- 
qualified there- 
by. 


210 


SEVENTH  CONGRESS.    Szss.  n.  Ch.  19.     180a 


Comptroller  of 
the  tremsury  to 
cause  blank  cer- 
tificates of  re- 
gistry to  be  pro* 
▼ided  with  se- 
cret marks. 


Which  are  to 
be  eschaoged 
[gratis]  for  old 
certificates  of 
registry  after  the 
31st  December, 
eighteen  hnn- 
drad  and  three. 

A  duly  regis- 
tered vessel  sold 
out  of  the  Uni- 
ted  8utee  to  a 
citixen,  to  hare 
the  benefit  of  a 
ressel  of  the  U. 
States  under 
certain  provi- 
sions. 


Power  of  the 
Secreury  of  the 
Treasury  to  re- 
move disabili- 
ties, eatended. 


Statvtx  II. 


Sec,  2.  And  be  it  fwrHur  enacted.  That  it  shaD  be  the  datj  of  the 
coniplrdler  of  the  treasury,  to  cause  to  be  provided,  blank  certificates 
of  registry,  with  such  water  and  other  secret  marks  as  he  may  direct, 
which  marks  shall  be  made  known  only  to  the  collectors  and  their 
deputies,  and  to  the  consuls  or  commercial  agents  of  the  United  States ; 
and  from  and  aflcr  the  thirty-first  day  of  December  next,  no  certificate 
of  registry  shall  be  issued,  except  such  as  shall  have  been  provided  and 
marked  as  aforesaid;  and  the  ships  or  vessels  of  the  United  States, 
which  shall  have  been  duly  registered  as  such,  shall  be  entitled  to  new 
certificates  of  registry  (gratb)  in  exchange  for  their  old  certificates  of 
registry :  and  it  shall  l^  the  duty  of  the  respective  collectors,  on  the 
departure  of  any  such  ship  or  vessel,  after  the  said  thirty-first  day  of 
December,  from  the  district  to  which  such  ship  or  vessel  shall  belong, 
to  issue  a  new  certificate  accordingly,  and  to  retain  and  deface  the 
former  certifi9ate. 

Sec.  3.  And  be  it  further  enacted,  That  when  any  ship  or  vessel, 
which  has  been,  or  which  shall  be  registered  pursuant  to  any  law  of  the 
United  States,  shall,  whilst  such  ship  or  vessel  is  without  the  limits  of 
the  United  States,  be  sold  or  transferred  in  whole  or  in  part  to  a  citizen 
or  citizens  of  the  said  States,  such  ship  or  vessel,  on  her  first  arrival 
in  the  United  States  thereafler,  shall  be  entitled  to  all  the  privileges  and 
benefits  of  a  ship  or  vessel  of  the  United  States :  Provided,  that  all  the 
requisites  of  law,  in  order  to  the  registry  of  ships  or  vessels,  shall  be 
complied  with,  and  a  new  certificate  of  registry  obtained  for  such  ship 
or  vessel,  within  three  days  from  the  time  at  which  the  master  or  other 
person  having  the  charge  or  command  of  such  ship  or  vessel,  is  required 
to  make  his  final  report  upon  her  first  arrival  afterwards  as  aforesaid, 
affreeably  to  the  thirtieth  section  of  the  act,  passed  on  the  second  day  of 
March,  one  thousand  seven  hundred  and  ninety-nine,  intituled  "An  act 
to  regulate  the  collection  of  duties  on  imports  and  tonnage."  And  it 
shall  be  lawful  to  pay  to  the  collector  of  the  district  within  which  such 
ship  or  vessel  may  arrive  as  aforesaid,  the  duties  imposed  by  law  on  the 
tonnage  of  such  ship  or  vessel,  at  any  time  within  three  days  from  the 
time  at  which  the  master  or  other  person  having  the  charge  or  com- 
mand of  such  ship  or  vessel,  is  required  to  make  his  final  report  as 
aforesaid,  any  thing  to  the  contrary  in  any  former  law  notwithstanding : 
Provided  always,  that  nothing  herein  contained  shall  be  construed  to 
repeal,  or  in  any  wise  change  the  provisions,  restrictions  or  limitations 
of  any  former  act  or  acts,  excepting  so  far  as  the  same  shall  be  repugnant 
to  the  provisions  of  this  act. 

Sec.  4.  And  be  it  further  enacted.  That  the  power  vested  in  the 
Secretary  of  the  Treasury,  to  remove  disabilities  incurred  under  the  act 
to  which  this  is  a  supplement,  and  under  the  act,  intituled  "An  act  for 
enrolling  and  licensing  ships  or  vessels,  to  be  employed  in  the  coasting 
trade  and  fisheries,  and  for  regulating  the  same,"  shall  extend  to  the 
remission  of  any  foreign  duties,  which  shall  have  been  or  shall  be  incur- 
red by  reason  of  such  disabilities. 

Approved,  March  2,  1803. 


March  2, 1803.      Chap.   XlX^^-jfn  Jtct  makinf^  appronriafiotufor  the  auppart  of  Government,  far 

the  year  one  thotuana  eight  hundred  and  three. 


[Obsolete.] 
8|>ecific  ap. 
propriations. 


Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  for  the  expenditure  of 
the  civil  list  in  the  present  year,  including  the  contingent  expenses  of 
the  several  departments  and  officers ;  for  the  compensation  of  the  several 
loan  ofiicers  and  their  clerks,  and  for  books  and  stationery  for  the  same ; 
for  the  payment  of  annuities  and  grants ;  for  the  support  of  the  mint 
establishment;  for  the  expenses  of  intercourse  with  foreign  nations;  for 


SEVENTH  CONGRESS.    Sess.  II.  Ch.  19.     1803.  211 

the  support  of  lighthouses,  beacons,  buoys,  and  public  piers ;  and  for        Specific  ap* 
satisfying  certain   miscellaneous  claims,  the  following  sums  be,  and   propriatioBs. 
hereby  are  appropriated ;  that  is  to  say : 

For  compensations  granted  by  law  to  the  members  of  the  Senate  and 
House  of  Representatives,  their  officers  and  attendants,  estimating  for 
sixtj-lwo  days  continuance  in  the  present  session,  and  for  twenty-seven 
days  in  the  first  session  of  the  eighth  Congress,  one  hundred  and  twenty- 
five  thousand  three  hundred  and  forty-eight  dollars. 

For  the  expense  of  firewood,  stationery,  printing,  and  all  other  con- 
tingent expenses  of  the  two  houses  of  Congress,  nineteen  thousand  dol- 
lars. 

For  the  compensation  to  the  President  and  Vice-President  of  the 
United  States,  thirty  thousand  dollars. 

For  compensation  to  the  Secretary  of  State,  clerks,  and  persons 
employed  in  that  department,  eleven  thousand  three  hundred  and  sixty 
dollars. 

For  the  incidental  and  contingent  expenses  in  the  said  department, 
twelve  thousand  nine  hundred  and  fifty  dollars. 

For  compensation  to  the  Secretary  of  the  Treasury,  clerks  and  per- 
sons employed  in  his  office,  eleven  thousand  two  hundred  and  forty-nine 
dollars  and  eighty-one  cents. 

For  expenses  of  translating  foreign  languages,  allowance  to  the  person 
employed  in  receiving  and  transmitting  passports  and  sea  letters,  sta- 
tionery and  printing,  eight  hundred  dollars. 

For  compensation  to  the  comptroller  of  the  treasury,  clerks  and  per- 
sons employed  in  his  office,  twelve  thousand  nine  hundred  and  seventy- 
seven  dollars  and  eight  cents. 

For  expense  of  stationery  and  printing  in  the  comptroller's  office, 
eight  hundred  dollars. 

For  compensation  to  the  auditor  of  the  treasury,  clerks  and  persons 
employed  in  his  office,  twelve  thousand  two  hundred  and  twenty  dollars 
and  ninety-three  cents. 

For  expense  of  stationery  and  printing  in  the  office  of  the  auditor, 
five  hundred  dollars. 

For  compensation  to  the  treasurer,  clerks  and  persons  employed  in 
his  office,  six  thousand  two  hundred  and  twenty-seven  dollars  and  forty- 
five  cents. 

For  expense  of  stationery  and  printing  in  the  treasurer's  office,  three 
hundred  dollars. 

For  compensation  to  the  commissioner  of  the  revenue,  clerks  and 
persons  employed  in  his  office,  six  thousand  two  hundred  and  fifty-three 
dollars  and  six  cents. 

For  the  expense  of  stationery  and  printing  in  the  office  of  the  commis- 
sioner of  the  revenue,  four  hundred  doUars. 

For  compensation  to  the  register  of  the  treasury,  clerks  and  persons 
employed  in  his  office,  sixteen  thousand  and  fifty-two  dollars. 

For  expense  of  stationery  and  printing,  (including  books  for  the 
public  stocks,  and  for  the  arrangement  of  the  marine  papers)  in  the 
register's  office,  two  thousand  eight  hundred  dollars. 

For  compensation  to  the  secretary  of  the  commissioners  of  the  sink- 
ing fund,  two  hundred  and  fifty  dollars. 

For  compensation  of  clerks  employed  for  the  purpose  of  making 
drafts  of  the  several  surveys  of  lands  in  the  territory  of  the  United  States 
northwest  of  the  river  Ohio,  and  in  keeping  the  books  of  the  treasury  in 
relation  to  the  sales  of  lands  at  the  several  loan  offices,  two  thousand 
dollars. 

For  fuel,  and  other  contingent  expenses  of  the  treasury  department, 
four  thousand  dollars. 

For  defraying  the  expense  incident  to  the  stating  and  printing  the 


212  SEVENTH  CONGRESS.    Sess.  II.  Ch.  19.     1803. 

specific  &p-  public  accounts  for  the  year  one  thousand  eight  hundred  and  three,  one 
propriationi.       thousand  two  hundred  dollars. 

For  the  purchase  of  books,  maps  and  charts  for  the  use  of  the  treasury 
department,  four  hundred  dollars. 

For  compensation  to  a  superintendent  employed  to  secure  the  build- 
ings and  records  in  the  treasury  department,  during  the  present  year, 
including  the  expense  of  two  watchmen,  and  for  the  repair  of  (ire- 
engines,  buckets,  and  so  forth,  one  thousand  four  hundred  dollars. 

For  compensation  to  the  Secretary  of  War,  clerks  and  persons  em- 
ployed in  his  office,  eleven  thousand  two  hundred  and  fifty  dollars. 

For  expenses  of  fuel,  stationery,  printing,  and  other  contingent 
expenses  in  the  office  of  the  Secretary  of  War,  one  thousand  dollars. 

For  compensation  to  the  accountant  of  the  war  department,  clerks 
and  persons  employed  in  his  office,  ten  thousand  nine  hundred  and  ten 
dollars. 

For  contingent  expenses  in  the  office  of  the  accountant  of  the  war 
department,  one  thousand  dollars. 

For  compensation  of  clerks  employed  in  the  paymaster's  office,  one 
thousand  eight  hundred  dollars. 

For  fuel  in  the  said  office,  ninety  dollars. 

For  compensation  to  the  purveyor  of  public  supplies,  clerks  and  per- 
sons employed  in  his  office,  including  a  sum  of  seven  hundred  dollars, 
for  compensations  to  his  clerks,  in  addition  to  the  sum  allowed  by  the 
act  of  the  second  day  of  March,  one  thousand  seven  hundred  and 
ninety-nine,  and  for  expense  of  stationery  and  fuel  in  the  said  office, 
three  thousand  eight  hundred  dollars. 

For  compensation  to  the  Secretary  of  the  Navy,  clerks  and  persons 
employed  in  his  office,  including  a  compensation  of  five  hundred  and 
sixty-one  dollars  and  fourteen  cents  to  the  clerk  of  the  navy  pension 
1799,  eh.  40.  fund  for  the  years  one  thousand  eight  hundred,  one  thousand  eight  hun- 
dred and  one,  and  one  thousand  eight  hundred  and  two,  nine  thousand 
six  hundred  and  seventy-one  dollars  and  fourteen  cents. 

For  expense  of  fuel,  stationery,  printing,  and  other  contingent 
expenses  in  the  office  of  the  Secretary  of  the  Navy,  two  thousand  seven 
hundred  dollars. 

For  compensation  to  the  accountant  of  the  navy,  clerks  and  persons 
employed  in  his  office,  including  the  sum  of  pne  thousand  one  hundred 
dollars,  for  compensation  to  his  clerks,  in  addition  to  the  sum  allowed 
by  the  act  of  the  second  of  March,  one  thousand  seven  hundred  and 
ninety-nine,  ten  thousand  four  hundred  doUars. 

For  contingent  expenses  in  the  office  of  the  accountant  of  the  navy, 
seven  hundred  and  fifty  dollars. 

For  compensation  to  the  Postmaster-General,  assistant  Postmaster- 
General,  clerks  and  persons  employed  in  the  Postmaster-Oeneral's  office, 
1799,  ch.  40.  including  a  deficiency  of  three  hundred  and  forty-five  dollars  in  the  last 
year's  appropi;iation,  and  a  sum  of  three  thousand  seven  hundred  and 
ninety-five  dollars  for  compensation  to  his  clerks,  in  addition  to  the  sum 
allowed  by  the  act  of  the  second  of  March,  one  thousand  seven  hundred 
and  ninety-nine,  thirteen  thousand  five  hundred  doUars. 

For  expenses  of  fuel,  candles,  rent  of  a  house  for  the  messenger,  sta- 
tionery, chests,  &c.  exclusive  of  expenses  of  prosecution,  portmanteaus, 
mail  locks,  and  other  expenses  incident  to  the  department  at  large 
(these  being  paid  for  by  the  Postmaster-General,  out  of  the  funds  of  the 
office,)  two  thousand  dollars. 

For  compensation  to  the  several  loan  officers,  thirteen  thousand  two 
hundred  and  fifty  dollars. 

For  compensation  to  the  clerks  of  the  commissioners  of  loans,  and  an 
aUowance  to  certain  loan  officers,  in  lieu  of  clerk  hire,  and  to  defiray  the 
authorized  expenses  of  the  several  loan  offices,  thirteen  thousand  dollars. 


SEVENTH  CONGRESS.     Sess.  II.  Ch.  19.     1803.  213 

For  defraying  the  expense  of  clerk  hire  in  the  office  of  the  commis-       Specific  ap. 
sioner  of  loans  for  the  state  of  Pennsylvania,  in  consequence  of  the  P">P"*^®"- 
removal  of  the  offices  of  the  treasury  department,  in  the  year  one  thou- 
sand eight  hundred,  to  the  permanent  seat  of  govc^rnment,  two  thousand 
dollars. 

For  extra  expenses  occasioned  by  the  removal  of  the  loan  office  of 
Pennsylvania  to  Germantown,  during  the  prevalence  of  the  yellow  fever 
in  Philadelphia,  in  the  summer  of  one  thousand  eight  hundred  and  two, 
four  hundred  and  ninety-four  dollars. 

For  extra  expenses  occasioned  by  the  removal  of  the  office  of  pur- 
veyor of  public  supplies  from  Philadelphia,  during  the  prevalence  of  the 
yellow  fever,  in  the  year  one  thousand  eight  hundred  and  two,  one  hun- 
dred and  thirteen  dollars  and  fifly  cents. 

For  compensation  to  the  surveyor-general  and  the  clerks  employed  by 
him,  and  for  expense  of  stationery  and  other  contingencies  of  the  sur- 
veyor-general's office,  three  thousand  two  hundred  doUars. 

For  completing  certain  surveys  of  the  lands  of  the  United  States, 
authorized  by  acts  of  Congress,  including  an  allowance  of  five  hundred 
doUara  for  transcribing  plats  of  surveys  near  Vincennes,  six  thousand 
five  hundred  and  forty-three  dollars. 

For  compensation  to  the  following  officers  of  the  mint,  ten  thousand 
six  hundred  ddlars,  that  is  to  say — 

To  the  director,  two  thousand  dollars. 

The  treasurer,  one  thousand  two  hundred  dollars. 

The  assayer,  one  thousand  five  hundred  dollars. 

The  chief  coiner,  one  thousand  five  hundred  dollars. 

The  melter  and  refiner,  one  thousand  five  hundred  dollars. 

The  engraver,  one  thousand  two  hundred  dollars. 

One  clerk,  at  seven  hundred  dollars. 

And  two,  at  five  hundred  dollars  each. 

For  the  wages  of  persons  employed  at  the  different  branches  of  meltp 
ing,  coining,  carpenter's,  millwright's,  and  smith's  work,  including  the 
sum  of  eight  hundred  dollars  per  annum,  allowed  to  an  assistant  coiner 
and  die  forger,  who  also  oversees  the  execution  of  the  iron  work,  six 
thoasand  five  hundred  dollars. 

For  repairs  of  furnaces,  cost  of  rollers  and  screws,  timber,  bar  iron, 
lead,  steel,  potash,  and  for  all  other  contingencies  of  the  mint,  two  thou- 
sand nine  hundred  dollars. 

For  compensation  to  the  governor,  judges  and  secretary  of  the  Missis- 
sippi territory,  five  thousand  one  hundred  and  fifly  dollars. 

For  expenses  of  stationery,  office  rent,  and  other  contingent  expenses 
in  the  said  territory,  three  hundred  and  fifly  dollars. 

For  compensation  to  the  governor,  judges  and  secretary  of  the  Indiana 
territory,  five  thousand  one  hundred  and  fifly  dollars. 

For  expenses  of  stationery,  office  rent,  and  other  contingent  expenses 
in  the  said  territory,  three  hundred  and  fifly  dollars. 

For  the  discharge  of  such  demands  against  the  United  States,  on 
account  of  the  civil  department,  not  otherwise  provided  for,  as  shall 
have  been  admitted  in  a  due  course  of  settlement  at  the  treasury,  and 
which  are  of  a  nature  according  to  the  usage  thereof,  to  require  payment 
in  roecie,  two  thousand  dollars. 

For  additional  compensation  to  the  clerks  of  the  several  departments 
of  state,  treasury,  war  and  navy,  and  of  the  general  post-office,  not  ex-  1799,  ch.  40. 
ceeding  for  each  department,  respectively,  fifleen  per  centum,  in  addition 
to  the  sums  allowed  by  the  act,  intituled  "An  act  to  regulate  and  fix  the 
compensation  of  clerks,"  eleven  thousand  eight  hundred  and  eighty-five 
doUars. 

For  the  compensation  granted  by  law  to  the  chief  justice,  associate 
judges,  and  district  judges  of  the  United  States,  including  the  chief 


214  SEVENTH  CONGRESS.    Sess.  II.  Ch.  19.     1903. 

Specific  ap.  Justice  and  two  associate  judges  of  the  district  of  Columbia,  and  to  the 
propriatioDs.        attorney-general,  fifty-two  thousand  nine  hundred  dollars. 

For  the  like  compensations  granted  to  the  several  district  attornies 
of  the  United  States,  two  thousand  eight  hundred  dollars. 

For  compensation  to  the  marshals  of  the  districts  of  Maine,  New 
Hampshire,  Vermont,  Kentucky,  east  and  west  Tennessee,  and  Ohio, 
one  thousand  four  hundred  dollars. 

For  defraying  the  expenses  of  the  supreme,  circuit,  and  district  courts 
of  the  United  States,  including  the  district  of  Columbia,  and  of  jurors 
and  witnesses,  in  aid  of  the  funds  arising  from  fines,  forfeitures  and 
penalties ;  and  likewise,  for  defraying  the  expenses  of  prosecution  for 
offences  against  the  United  States,  and  for  safe  keeping  of  prisoners, 
including  an  additional  appropriation  of  three  thousand  seven  hundred 
and  two  dollars  and  sixty-six  cents,  for  completing  the  gaol  in  the  city 
of  Washington,  forty-three  thousand  seven  hundred  and  two  dollars  and 
bixty-six  cents. 

For  the  payment  of  sundry  pensions  granted  by  the  late  government, 
nine  hundred  dollars. 

For  payment  of  the  annuity  granted  to  the  children  of  the  late  Colonel 
John  Harding,  and  Major  Alexander  Truemnn,  by  an  act  of  Congress, 
passed  the  fourteenth  of  May,  one  thousand  eight  hundred,  six  hundred 
dollars. 

For  payment  of  the  annual  allowance  to  the  invalid  pensioners  of  the 
United  States,  from  the  fifth  of  March,  one  thousand  eight  hundred  and 
three,  to  the  fourth  of  March,  one  thousand  eight  hundred  and  four, 
ninety-three  thousand  dollars. 

For  the  maintenance  and  support  of  lighthouses,  beacons,  buoys  and 
public  piers,  and  stakeage  of  channels,  bars  and  shoals,  and  for  occa- 
sional improvement  in  the  construction  of  lanterns  and  lamps,  and  other 
contingent  expenses,  fifty  thousand  nine  hundred  and  seventy  dollars 
and  eighty-two  cents. 

For  rebuilding  the  lighthouse  on  the  eastern  end  of  New  Castle 
island,  in  addition  to  the  sum  heretofore  appropriated  for  that  object, 
five  hundred  dollars. 

For  the  erection  of  the  lighthouse  on  Smith's  Point,  in  addition  to 
the  sum  heretofore  appropriated  for  that  object,  three  hundred  and  fifty 
dollars. 

For  the  payment  of  a  balance  due  on  contracts  for  building  the  light- 
house on  Cape  Hattcras,  and  beacon  on  Shell  Castle  island,  and  for  a 
compensation  to  the  persons  who  superintend  and  inspect  the  execution 
of  the  work,  the  balance  of  the  former  appropriation  being  carried  to 
the  credit  of  the  surplus  fund,  one  thousand  dollars. 

For  the  erection  of  a  lighthouse  on  New  Point  Comfort,  in  addition 
to  the  sum  heretofore  appropriated  for  that  purpose,  three  thousand  five 
hundred  dollars. 

For  erecting  lighthouses  and  placing  buoys  in  the  sound  between 
Long  Island  and  the  Main,  in  addition  to  the  sum  heretofore  appro- 
priated for  that  purpose,  one  thousand  dollars. 

For  the  discharge  of  such  miscellaneous  demands  against  the  United 
States,  not  otherwise  provided  for,  as  shall  have  been  admitted  in  due 
course  of  settlement  at  the  treasury,  and  which  are  of  a  nature,  according 
to  the  usage  thereof,  to  require  payment  in  specie,  four  thousand  dollars. 

For  the  expenses  of  intercourse  with  foreign  nations,  seventy-five 
thousand  five  hundred  and  sixty-two  dollars. 

For  the  salaries  of  the  commissioners  under  the  seventh  article  of  the 
treaty  of  amity,  commerce,  and  navigation,  between  the  United  States 
and  Great  Britain,  including  half  the  compensation  of  the  fifth  commis- 
sioner, the  salary  of  the  assessor  to  the  commissioners,  the  half  of  ex- 


SEVENTH  CONGRESS.    Sess.  II.  Ch.  20.     1803. 


215 


penses  of  the  board,  and  the  contingent  expenses  of  the  commissioners 
of  the  United  States,  twenty-five  thousand  five  hundred  and  sixty-six 
doUars  and  sixty-«even  cents. 

For  salaries  of  the  agents  of  the  United  States  in  London  and  Paris, 
expenses  of  prosecuting  claims  and  appeals  in  the  courts  of  Great 
Britain,  relative  to  captures  of  the  vessels  of  the  United  States,  and  of 
defending  American  causes  elsewhere,  twenty-nine  thousand  dollars. 

For  intercourse  between  the  United  States  and  Algiers,  and  other 
Barbary  powers,  one  hundred  thousand  dollars. 

For  the  relief  and  protection  of  distressed  American  seamen,  five 
thousand  dollars. 

Sec.  2.  And  be  it  further  enacted,  That  for  the  purpose  of  obtaining 
further  cessions  of  land  from  the  Indian  tribes,  the  sum  of  ten  thousand 
dollars  be,  and  the  same  is  hereby  appropriated. 

Sec.  3.  And  be  it  further  enacted.  That  the  several  appropriations 
herein  before  made,  shall  be  paid  and  discharged  out  of  the  fund  of  six 
hundred  thousand  dollars,  reserved  by  the  act  '*  making  provision  for 
the  debt  of  the  United  States,"  and  out  of  any  money  which  may  be  in 
the  treasury,  not  otherwise  appropriated. 

Approved,  March  2,  1803. 


Specific    ap- 
propriations. 


1790,  ch.  34. 


Stattjtx  II. 


Chap.  XX. — An  Ad,  more  effectualh/  to  provide  for  the  organization  of  the    March  3, 1803. 
Militia  tf  tht  District  of  Columbia, 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Confess  assembled.  That  it  shall  and  may  be 
lawful  for  the  President  of  the  United  States,  whenever  an  increase  of 
the  militia  of  the  territory,  or  other  circumstance,  shall  in  his  opinion 
make  it  necessary,  to  lay  off  the  said  militia  into  additional  companies, 
battalions,  regiments,  or  legions  and  brigades,  and  shall  appoint  and 
commission,  during  pleasure,  the  proper  officers  for  the  same. 

Sec  2.  And  be  it  further  enacted.  That  the  President  of  the  United 
States  shall,  when  he  may  deem  it  necessary,  appoint  the  proper  officers, 
to  compose  at  least  one  troop  of  cavalry,  one  company  of  artillery,  one 
company  of  light  infantry,  and  one  company  of  grenadiers  or  riflemen, 
to  each  legion,  which  officers  shall  proceed  by  voluntary  enlistment, 
within  their  legion,  to  complete  their  company  or  companies  with  the 
least  possible  delay,  and  every  person  belonging  to  the  said  companies 
shall  wear,  while  on  duty,  such  caps,  or  hats,  and  uniforms,  to  be  pur- 
chased at  their  own  expense,  as  the  commanding  officer  of  the  brigade, 
to  which  they  belong,  shall  determine  on  and  direct ;  and  the  said  com- 
panies shall  perform  the  same  routine  of  duty,  and  be  subject  to  the  same 
rules,  regulations,  penalties,  and  orders,  as  the  rest  of  the  militia;  the 
President  may,  nevertheless,  order  them,  or  any  of  them,  out  on  duty, 
as  occa.sion,  in  his  opinion,  may  require,  by  entire  companies:  that  no 
person  belonging  to  any  battalion  company,  shall,  under  colour  of  enlisting 
into  any  company,  to  be  made  up  by  voluntary  enrolment,  be  excused 
from  doing  duty  in  the  infantry,  and  in  the  company  in  which  he  had 
been  enrolled,  or  might  be  enrolled,  until  he  shall  have  equipped  himself 
for  service,  in  such  volunteer  company,  according  to  law,  and  shall  have 
produced  a  certificate  thereof,  from  the  commanding  officer  of  such 
company,  to  the  commanding  officer  of  the  battalion  company,  to  which 
he  did  or  might  properly  belong;  and  no  person  having  enlisted  in  any 
volunteer  company,  shall  be  permitted  to  withdraw  himself  from  the 
same,  under  the  penalty  of  ten  dollars,  unless  in  case  of  removal  from 
his  legionary  district,  to  be  recovered  as  other  fines  imposed  by  this  act, 
upon  the  evidence  of  the  commanding  officer  of  the  company,  from 
which  he  shall  so  withdraw;  which  commanding  officer  shall  return  all 


Militia  of  Co. 
lumbia  may  bo 
organized  by  the 
President  of  tho 
U.  States. 


May  appoint 
officers  to  caTal- 
ry,  artillery,  &c. 


Uniform  how 
to  be  provided. 


Conditions  of 
enrolment. 


Whence  he 
cannot  with- 
draw,  under  a 
Senalty  of  ten 
oUars. 


216 


SEVENTH  CONGRESS.    Sess.  II.  Ch.  20.     1803. 


Legionary 
commanden— > 
their  datj. 


Alteratione  in 
battalion  and 
company  die- 
tricta,  in  what 
casea  to  be 
made. 

Militia  dia- 
trict»--faow  de- 
aignated. 

Commanding 
officera  of  eom- 
paniea  ahall  re- 
gulate duty,  and 
now. 


Removal  of 
militia  men  how 
to  be  notified. 

Certificatea  of 
aerriee  provid- 
ed. 


Penaltv  on  re- 
fnaal  of  certifi- 
cate. 


Oflicera  ahajl 
be  awom  into 
oflice. 


Oath. 


Oath  how  cer- 
tified. 


Who  shall  be 
enrolled  in  the 
militia. 


such  cases  to  the  first  battalion  court  of  inquiry,  that  shall  sit  thereafter. 
And  the  commanders  of  the  respective  legions  shall  direct  by  order,  to 
the  different  commanders  of  battalions,  to  what  battalions  the  different 
volunteer  companies  shall  be  attached,  and  shall  parade  with  on  battalion 
duty ;  and  shall  direct  how  they  shall  be  posted  on  legionary  parades, 
unless  differently  ordered  by  the  brigadier-general. 

Sec.  3.  And  be  it  Jwrther  enacted^  That  where  any  battalion  or  com- 
pany districts,  or  alteration  in  districts  actually  laid  off,  may  hereafter  be 
found  necessary,  the  commanding  officers  of  legions  shall  assemble  the 
commanding  officers  of  battalions  and  companies  at  some  fit  and  con- 
venient place,  and  may  proceed  to  lay  off  or  alter  any  such  battalion  or 
company  districts,  which  districts  shall  in  all  cases  be  designated  by 
certain  lines  and  bounds,  and  recorded  by  the  clerks  of  the  respective 
courts  of  inquiry. 

Sec.  4.  And  he  it  further  enacted^  That  it  shall  be  the  duty  of  the 
commanding  officers  of  the  companies  to  proceed  forthwith  to  divide 
their  companies  into  divisions  by  ballot,  from  one  to  ten,  for  the  purpose 
of  a  regular  routine  of  duty  when  called  into  actual  service,  and  to 
return  a  roster  of  each  division,  and  its  number  or  rotation,  within 
fifteen  days  thereafter,  to  the  commanding  officer  of  his  battalion,  who 
shall  forthwith  transmit  the  same  to  the  commanding  officer  of  the 
regiment  or  legion,  who  shall  direct  the  same  to  be  recorded  by  the 
clerk  of  the  court  of  inquiry.  The  same  regulations  shall  be  observed 
by  every  commanding  officer  of  a  company,  battalion,  and  legion  or 
regiment,  on  the  subsequent  enrolment  of  any  person  therein,  unless 
such  person  shall  produce  a  certificate  of  his  having  been  before  drawn 
for  the  above  purpose,  in  which  case  he  shall  be  enrolled  accordingly; 
and  any  militia  man  removing  out  of  the  bounds  of  one  company  into 
another,  shall  apply  to  the  commanding  officer  of  the  company  to  which 
be  did  belong,  who  shall  give  him  a  discharge,  certifying  the  class  where- 
in he  was  arranged,  and  whether  he  had  performed  his  tour  of  duty  or 
not,  and  also  the  time  and  date  of  such  service,  which  certificate  the 
said  militia  man  shall  produce  to  the  captain  or  commanding  officer  of 
the  company  into  whose  bounds  he  shall  so  have  removed,  within  ten 
days  after  his  settlement,  and  such  officer  is  hereby  required  to  enrol  him 
in  the  numerical  class  specified  therein,  and  every  militia  man  so  re- 
moving, and  failing  to  produce  such  certificate,  shall  be  arranged  and 
enroll^  in  the  class  destined  to  perform  the  next  tour  of  duty;  and  if 
any  captain  or  commanding  officer  of  a  company  shall  refuse  to  grant 
such  certificate  upon  application  to  him  made  for  that  purpose,  he  shall 
for  such  refusal,  incur  a  penalty  of  thirty  dollars,  to  be  assessed  and 
applied  as  other  fines  imposed  by  this  act. 

"  Sec.  6.  And  he  it  fitrther  enacted.  That  each  and  every  officer  ap- 
pointed, or  who  may  hereafter  be  appointed,  and  commissioned,  in 
manner  aforesaid,  shall,  previous  to  entering  on  the  execution  of  his 
office,  take  the  following  oath,  (to  be  administered  by  a  justice  of  the 
peace,  or  the  court  of  the  county  in  which  such  officer  resides)  to  wit : 
'*  I  do  swear  that  I  will  support  the  constitution  of  the 

United  States,  and  faithfully  discharge  the  duties  of  in 

the  of  the  militia  of  the  district  of  Columbia,  to  the 

best  of  my  skill  and  judgment ;  so  help  me  God."  If  the  said  oath  be 
administered  by  a  justice  of  the  peace,  it  shall  be  his  duty  to  certify  the 
same  to  the  court  of  his  respective  county,  there  to  be  entered  of  record 
by  the  clerk. 

Sec.  6.  And  he  it  furtlur  enacted.  That  the  commanding  officers  of 
companies  shall  enrol  every  able-bodied  white  male,  between  the  ages 
of  eighteen  and  forty-five  years,  (except  such  as  are  exempt  from  mili- 
tary duty  by  the  laws  of  the  United  States]  resident  within  his  district ; 
and  that  in  all  cases  of  doubt,  respecting  the  age  of  any  person  enrolled 


SEVENTH  CONGRESS.    Sess.  II.  Ch.  20.    1803. 


217 


or  intended  to  be  enroUed  in  any  company,  the  party  questioned  shall 
prove  his  age  to  the  satisfaction  of  the  legionary  court  of  inquiry,  within 
whose  bounds  he  may  reside ;  and  it  shall  at  all  times  hereafter  be  the 
duty  of  every  such  captain  or  commanding  officer  of  a  company,  to 
enrol  every  such  white  male,  as  aforesaid,  and  all  those  who  shall,  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,)  shall  come  to  reside  within  his  bounds,  and  shall,  without  de- 
lay, notify  such  person  of  the  said  enrolment,  by  a  proper  non-commi^" 
Bioned  officer,  by  whom  such  notice  may  be  proved. 

See.  7.  And  be  it  further  enacted,  That  the  President  of  the  United 
States,  upon  complaint  for  misconduct,  lodged  with  the  department  of 
war,  in  writing,  by  any  one  or  more  commissioned  officers,  may  at  his 
discretion  cause  to  be  arrested,  any  major-general  or  brigadier-general, 
and  order  a  court  martial  to  be  composed  of  all  the  other  general  offi- 
cers, field  officers,  and  captains,  or  so  many  of  them  (having  regard  to 
seniority)  as  shall  amount  to  thirteen,  in  the  militia  of  the  territory ; 
which  court  martial  shall  proceed  in  the  same  way,  and  under  the  same 
restrictions,  as  is  hereafter  provided  for  the  trial  of  field  officers.  And 
any  major-general  or  brigadier-general,  for  misconduct  within  their  own 
knowledge,  or  upon  complaint  lodged  in  writing,  by  any  commissioned 
officer,  shall  have  power  to  arrest  any  lieutenant-colonel  commandant, 
aid-de-camp,  brigade  inspector,  and  major,  or  any  other  inferior  officer ; 
and  the  commanding  officer  of  the  division  or  brigade,  shall  order  a 
court  martial,  for  the  trial  of  such  lieutenant^colonel  commandant,  aid- 
de-camp,  brigade  inspector,  to  be  composed  of  one  brigadier-general, 
and  as  many  lieutenant-colonel  commandants,  majors,  and  captains,  as 
shall  make  up  a  number  not  less  than  thirteen ;  and  such  courts  martial 
shall  proceed  to  hear  and  determine  on  all  offences  under  this  act,  and 
may  censure  or  cashier  such  officer;  which  sentence  shall  be  final, 
when  approved  by  the  President  of  the  United  States.  And  any  briga- 
dier-general, lieutenant-colonel  commandant,  or  major,  for  misconduct 
in  any  captain  or  subaltern,  within  his  own  knowledge,  or  upon  com- 
plaint lodged  in  writing,  by  any  commissioned  officer,-may  arrest  such 
captain  or  subaltern ;  and  itie  brigadier  or  commanding  officer  of  the 
brigade,  shall  order  a  brigade  court  martial,  for  the  trial  of  such  captain 
or  subaJtern,  to  be  composed  of  one  or  more  field  officers,  and  a  suffi- 
cient number  of  captains  and  subalterns,  to  make  up  a  number  not 
less  than  thirteen ;  and  such  courts  martial  shall  proceed  to  hear  and 
determine  on  all  offences  under  this  act,  and  may  censure  or  cashier 
any  officer  so  tried ;  which  sentence  shall  be  final,  when  approved  by 
the  President  of  the  United  States.  And  for  obtaining  the  necessary 
evidences  for  the  trials  aforesaid,  the  President  of  the  United  States,  or 
the  presiding  officer  of  the  court  martial,  (as  the  case  may  be)  shall  issue 
his  summonses ;  and  every  person  so  summoned,  failing  to  attend  and 
to  give  evidence,  shall  be  subject  to,  and  may  be  tried  by  a  court  martial ; 
and  if  an  officer,  may  at  the  discretion  of  a  court  martial,  be  cashiered, 
or  fined,  not  exceeding  six  months  pay,  as  bylaw  allowed ;  and  if  a  non- 
commissioned officer,  or  soldier,  or  a  person  not  enrolled,  to  be  reported 
to  the  court  of  inquiry  of  the  regiment,  or  legion,  to  which  he  shall  be- 
long, or  within  whose  bounds  he  shall  reside,  and  be  then  subject  to 
such  fines  and  penalties  as  they  may  think  proper  to  inflict,  not  exceed- 
ing forty  dollars. 

Sec.  8.  And  he  it  further  enacted,  That  there  shall  be  battalion  couds 
of  inquiry,  to  be  appointed  by  the  commanding  officer  of  the  battalion, 
for  the  assessment  of  fines  incurred  under  this  act,  in  such  battalion; 
and  such  courts  of  inquiry  shall  be  held  in  the  months  of  May,  August, 
and  November,  in  each  year,  at  some  convenient  place  within  the  county, 
to  consist  of  the  commanding  officer  of  the  battalion,  and  the  command- 

VoL.  n— 28  T 


Mode  of  pro- 
ceeding sgainit 
delinquents. 


General  courti 
martial,   how 
constituted    for 
•uperior   offi- 
cers. 

Field  officers 
and  staff. 


Their  powers. 


Captains  and 
sobaltema. 


Brigade  court 
martial. 


Evidence,  how 
to  be  obtained. 


Penalties. 


Courts  of  in- 
quiry. 


When  and  how 
held. 


218 


SEVENTH  CONGRESS.    Sesb.  II.  Ch.  20.     180a 


Oath  of  mem- 
ben. 


Legionary 
coQjts  of  inqai. 


Extraordinary 
inquiry  court. 


Dotiea  of 
conrta  of  inqui- 
»7. 


May  remit 
fines  and  ex- 
empt from  duty. 


Clerk  and  pro- 
▼OBt  maratial, 
ahall  be  appoint- 
ed by  ballot. 


List  of  fines  to 
be  kept,  and  by 
whom. 


Fines  incurred 
heretofore,  how 
disposed  of. 


Musters,  and 
at  what  periods. 


ing  officers  of  companies,  which  shall  belong,  or  to  be  attached  to  such 
battalion,  or  a  majority  of  them,  who  shall  take  the  following  oath,  to 
be  administered  by  the  presiding  officer,  and  afterwards  by  any  other 
officer  of  the  court,  to  him.     "  I  will  truly  and  faithfully 

inquire  into  all  delinquencies  which  appear  on  the  returns,  to  be  laid 
before  me,  and  will  assess  the  fines  thereon,  as  shall  seem  just,  without 
favour,  partiality,  or  affection,  so  help  me  God."  The  presiding  officer 
shall  then  lay  before  the  said  court,  all  the  delinquencies,  as  directed  by 
law,  whereupon,  they  shall  proceed  to  hear  and  determine.  And  there 
shall,  moreover,  be  legionary  courts  of  inquiry,  for  the  assessment  of 
fines  incurred  by  the  officers  of  the  legion,  and  for  other  duties,  required 
by  this  act,  such  courts  of  inquiry  shall  be  held  by  the  appointment  of 
the  commanding  officer  of  the  legion,  in  not  less  than  ten,  and  not  more 
than  twenty  days,  afler  the  battalion  courts  of  inquiry,  in  every  year ; 
and  moreover,  one  legionary  court  extraordinary,  shall  be,  in  like  man- 
ner appointed,  and  held,  during  the  month  of  March,  in  the  present 
year,  for  the  purpose  of  appointing  the  company  musters  of  the  year, 
and  for  appointing  a  clerk,  provost  marshal,  and  collector,  as  herein  afler 
directed,  and  for  other  duties,  by  this  act  prescribed ;  the  said  legionary 
courts  of  inquiry  to  consist  of  the  commanding  officers  of  the  legion, 
battalions,  and  companies,  or  a  majority  of  them,  who  shall  take  an  oath, 
in  manner  and  form,  as  prescribed  above ;  the  commanding  officer  of 
the  legion  shall  then  lay  before  the  said  court,  all  delinquencies,  directed 
by  law,  whereupon  they  shall  proceed  to  hear  and  determine.  It  shall 
be  the  duty  of  the  presiding  officer,  of  every  such  court  of  inquiry,  to 
return  to  the  next  legionary  court  of  inquiry,  all  delinquent  officers, 
failing  to  attend  the  preceding  court,  to  be  proceeded  against  according 
to  law.  The  legionary  court  of  inquiry  may,  for  good  cause  shown, 
remit  any  fine  imposed  by  the  battalion  court  last  preceding ;  the  said 
court  may  also  exempt  any  militia  man  from  duty,  on  account  of  bodily 
infirmity,  and  may  again  direct  such  person  to  be  enrolled,  when  able 
to  do  duty. 

Sec.  9.  And  be  it  further  enacted,  That  the  respective  legionary 
courts  of  inquiry,  shall  annually  appoint  by  ballot,  a  clerk,  and  provost 
marshal,  who  shall  attend  the  courts  herein  before  directed  to  be  held  ; 
the  clerk  shall  keep  a  fair  record  of  the  proceedings  of  such  courts,  as 
also  of  the  roster  returned  by  the  several  captains  or  commanding  offi- 
cers of  companies,  for  regular  routine  of  duty,  and  shall  make  out  for  the 
collector,  a  fair  list  of  all  the  fines  assessed  by  the  legionary  and  batta- 
lion courts,  and  one  other  list  which  shall  be  retained  by  the  clerk,  on 
which  list  the  collector's  receipts  shaU  be  taken :  the  said  lists  shall  be 
made  out  and  delivered  to  the  collector  in  fifteen  days  afler  each  legion- 
ary court  of  inquiry,  and  shall  perform  all  other  duties  required  by  this 
act,  and  together  with  the  provost  marshal,  shall  receive  such  allowance, 
to  be  paid  out  of  the  fines,  i(s  the  legionary  court  shall  think  reasonable. 

Sec.  10.  And  he  it  further  enacted,  That  all  fines  incurred  under  the 
act  of  Congress,  passed  at  their  last  session,  empowering  the  President 
to  organize  the  militia  of  the  district  of  Columbia,  and  not  then  returned 
to  the  officers  thereby  authorized  to  collect  the  same,  shall  be  returned 
to  the  first  legionary  court  of  inquiry  which  shall  be  held  in  the  respec- 
tive counties,  to  be  by  them  proceeded  with  as  in  the  case  of  fines  by 
this  act  assessed. 

Sec.  11.  And  be  it  further  enacted,  That  there  shall  be  a  muster 
of  each  troop  of  cavalry  and  company  of  militia,  comprehending  the 
companies  made  up  by  voluntary  enrolment,  once  in  every  month,  except 
the  months  of  January,  February,  March,  May,  October,  and  December, 
in  each  year,  to  be  appointed  by  the  respective  legionary  courts  of  in- 
quiry, at  such  places  as  may  be  deemed  most  convenient  within  the 
county,  and  that  the  time  and  place  for  the  musters  aforesaid^i  shall  be 


SEVENTH  CONGRESS.    Sess.  IT.  Ch.  20.     1803. 


219 


fixed  by  the  first  kgionary  court  of  inquiry,  which  is  held  next  after  the 
passing  of  this  act,  subject  to  such  changes  as  future  legionary  courts  of 
inquiry  may  think  proper;  and  there  shall  be  a  muster  for  exercise  and 
inspection  of  each  battalion,  in  the  month  of  May,  in  every  year,  to  be 
appointed  by  the  commanding  officer  of  the  brigade,  to  which  such  bat- 
talions re^>ectively  belong,  at  such  places  as  he  may  think  proper  within 
the  county.  There  shall  also  be  a  muster  of  each  legion  in  the  month 
of  October,  in  each  year,  to  be  appointed  by  the  commanding  officer 
of  the  brigade,  to  which  such  legion  belongs,  at  such  place  as  he  may 
think  most  convenient  within  the  legionary  district ;  which  said  com- 
pany, battalion,  and  legionary  musters,  shn}]  continue  one  day,  and  no 
longer ;  the  time  and  place  of  such  legionary,  company,  and  battalion 
musters,  shall  be  notified  to  the  commanding  officers  of  legions,  thirty 
days  previous  thereto ;  the  commanding  officers  of  legions  shidl  give 
notice  to  the  commanding  officers  of  battalions,  of  such  brigade,  legion- 
ary, companies,  and  battalion  musters,  at  least  twenty  days;  the  com- 
manding officers  of  battalions,  to  the  commanding  officers  of  companies, 
at  least  fifteen  days ;  and  the  commanding  officers  of  companies  to  their 
sergeants,  at  least  ten  days ;  and  the  sergeants  to  each  person  in  his 
company,  at  least  three  days  before  such  musters,  respectively;  the 
notices  to  be  given  by  the  commanding  officers  of  brigades,  legions, 
battalions,  and  companies  shall  be  in  writing,  delivered  to  each  person 
to  be  notified,  or  left  at  his  usual  place  of  abode,  and  every  sergeant 
failing  to  give  notice,  agreeably  to  the  orders  of  the  commanding  officer 
of  his  company,  to  each  person  therein,  shall  forfeit  and  pay  for  each 
and  every  offence,  five  dollars,  to  be  assessed  and  recovered  as  other 
fines  imposed  by  this  act,  nevertheless  all  notices  publicly  given  by  the 
commanding  officers  of  companies,  at  their  respective  musters  of  any 
subsequent  muster,  shall  be  held  and  deemed  as  legal  notice,  as  to  all 
persons  present  at  such  musters.  Every  officer  and  soldier  shall  appear 
at  his  respective  muster  field,  on  the  day  appointed,  by  ten  o'clock  in  the 
forenoon,  armed  and  equipped.  At  every  muster,  the  commanding 
officer  of  the  company  shall  cause  his  roll  to  be  called,  and  shall  examine 
every  person  belonging  thereto,  and  note  down  all  delinquencies  accru- 
ing therein,  and  &all  personally  inspect  the  arms,  ammunition,  and 
accoutrements,  of  all  under  his  command,  and  make  accurate  return  of 
the  whole  thereof,  to  the  commanding  officer  of  his  battalion,  iii  five 
days  thereafter ;  and  moreover,  it  shall  be  the  duty  of  the  commanding 
officers  of  companies,  to  have  their  companies  respectively  prepared,  at 
the  battalion  musters,  for  inspection,  by  means  of  returns,  the  forms  of 
which,  to  be  furnished  them  by  the  brigade  inspector,  through  the  com- 
manding officers  of  the  legion  and  battalion,  to  which  they  respectively 
belong,  which  returns  shaU  be  filed,  ready  to  be  delivered  to  the  inspec- 
tor, as  he  shall  commence  the  inspection  of  each  company.  And  the 
commanding  officers  of  legions  and  battalions  shall,  at  their  respective 
legionary  and  battalion  musters,  (as  the  case  may  be)  take  notice  of  all 
ddinqnent  officers,  and  shall  lay  the  same,  together  with  returns  of  de- 
linquencies, from  the  commanding  officers  of  companies,  before  the 
courts  of  inquiry,  appointed  under  this  act  to  take  cognizance  of,  and 
determine  on  them :  and  to  each  of  the  said  returns,  shall  be  annexed 
the  following  certificate,  to  wit :  "  I  do  certify,  that 

the  returns  hereunto  annexed,  contain  all  the  delinquencies  which  have 
occurred  since  my  last  return,  having  duly  examined  the  same." 

Sec.  12.  And  be  it  further  enacted.  That  every  commanding  officer 
of  a  company  shall,  within  five  days  after  every  battalion  and  legionary 
muster,  make  up  and  report  to  the  commanding  officer  of  his  battalion, 
a  return  of  his  company,  in  such  manner  and  form  as  shall  be  furnished 
by  the  adjutant,  firom  time  to  time ;  it  shall  be  the  duty  of  commanding 
officers  of  battalions,  to  make  like  returns  to  the  commanding  officers 


MuBtor  of  in- 
spection in  May. 


Legionary 
muster  in  Octo- 


Mustertocott' 
tinue  one  day 
only. 


Notice    how 
giTen,  and 
when. 


Notices  in  writ- 
ing   to   com- 
manding oiB- 
cers. 

Penalty  on 
omitting  to  give 
notice. 


Appearance 
at  muster. 


Forms  to  be 
observed  in  re- 
turns. 


Returns  to  be 
certified. 


Returns  of 
companies,  how 
and  when  made. 


220 


SEVENTH  CONGRESS.    Se88.  II.  Cu.  20.    1803. 


Retami  of  le- 
giona. 


Non-commis. 
sioned  officers, 
appointment  of. 


Neglect   of 
daty,  penalty 


Officera    to 
meet  for  train- 
ing once  a  year. 


Training  three 
days,  eldest  of- 
ficer shall  call 
the  roll. 


Penalty  on 
non-attendance. 


Misconduct  of 
officers,  how 
treated. 


Non-commis. 
sioned  officers, 
how  treated  for 
miscondact. 


Penalty. 


Spectators  or 
bystanders  in- 
terrupting or  in. 
sultinff,  liable  to 
punishment. 


Parade  limits. 


of  legions,  within  five  days  thereafter,  who  shall  cause  the  adjutant  of 
his  legion  to  make  legionary  returns  to  the  brigade  inspector,  within  ten 
days  thereafter. 

Sec.  13.  And  be  itjurtker  enacted^  That  each  captain  or  commanding 
officer  of  a  company,  shall  appoint  to  his  company,  four  sergeants,  four 
corporals,  a  drummer,  and  fifer,  to  be  approved  of  by  the  commanding 
officer  of  his  battalion:  the  appointment  of  such  non-commissioned 
officers  to  be  evidenced  by  warrant  under  the  hand  of  the  commanding 
officer  of  the  battalion ;  and  if  any  person  so  appointed  and  approved 
of,  and  having  accepted,  shall  refuse  or  neglect  to  take  upon  him  the 
duties  of  his  appointment,  or  shall  neglect  or  refuse  to  obey  the  orders 
of  his  superior  officer,  he  shall  for  each  offence  forfeit  and  pay  a  sum, 
at  the  discretion  of  the  court  of  inquiry,  not  exceeding  ten  dollars,  to 
be  assessed  and  applied  as  other  fines  imposed  by  this  act;  and  the  com- 
manding  officers  of  battalions  shall  have  power  to  reduce  to  the  ranks 
any  non-commissioned  officer,  whom,  on  complaint  made,  and  due  notice 
given,  he  shall  find  guilty  of  misconduct,  or  neglect  of  duty. 

Sec.  14.  And  he  it  jurther  enacted,  That  the  commissioned  officers 
of  the  several  legions,  shall  meet  once  in  every  year,  within  their  respec- 
tive legionary  districts,  for  the  purpose  of  being  trained  and  instructed 
by  the  brigade  inspector ;  the  days  and  places  of  meeting  to  be  fixed 
on  by  the  commanding  officer  of  the  brigade  to  which  the  legions 
belong;  the  officers  thus  assembled,  shall  each  continue  three  days,  and 
no  longer ;  every  time  they  are  so  called  out,  the  eldest  officer  present 
shall  call  the  roll  on  each  day,  and  report  the  delinquencies  to  the  suc- 
ceeding legionary  court  of  inquiry,  and  every  officer  failing  to  attend 
such  meeting,  on  being  summoned,  not  having  a  reasonable  excuse,  to 
be  adjudged  of  by  the  court  of  inquiry,  shall  forfeit  and  pay,  for  each 
day  he  shall  fail  so  to  attend,  ten  dollars,  to  be  appropriated  as  other 
fines  are  by  this  act. 

Sec.  15.  And  be  it  further  enacted,  That  any  officer  who  shall  be 
guilty  of  disobedience,  or  other  misbehaviour,  when  on  duty,  or  shall 
at  any  time  be  guilty  of  any  conduct,  unbecoming  the  character  of  an 
officer,  shall  be  put  under  arrest  by  his  commanding  officer^  and  tried 
as  by  this  act  is  directed. 

Sec.  16.  And  be  it  further  enacted.  That  if  any  non-commissioned 
officer  or  soldier,  shall  behave  himself  disobediently,  or  mutinously,  when 
on  duty,  or  before  any  court  or  board,  directed  by  Uiis  act  to  be  held,  or 
shall  leave  the  ranks  without  permission  of  his  officer,  on  any  occasion 
of  parading  the  company  to  which  he  belongs,  or  appear  drunk,  or  use 
any  reproachful  or  abusive  language  to  his  officers,  or  any  of  them,  or 
shall  quarrel  himself,  or  promote  any  quarrel  amonfir  his  fellow  soldiers, 
the  court  or  board  may  confine  him  for  the  day,  or  he  shall  be  disarmed 
and  put  under  guard,  by  order  of  the  commanding  officer  present,  until 
the  company  is  dismissed,  as  the  case  may  be.  And  he  shall  moreover, 
be  fined  at  the  discretion  of  the  court  of  inquiry,  in  any  sum  not  ex- 
ceeding ten  dollars,  nor  less  than  one  dollar,  to  be  appropriated  as  other 
fines  imposed  by  this  act. 

Sec.  17.  And  be  it  further  enacted,  That  if  any  bystander  shall  inter- 
rupt, molest,  or  insult  any  officer  or  soldier,  while  on  duty  at  any  muster, 
or  shall  be  guilty  of  like  conduct  before  any  court  or  board,  the  com- 
manding officer,  or  such  court  or  board,  may  cause  him  to  be  confined 
for  the  day.  And  that  the  commanding  officer  of  each  brigade,  legion, 
battalion,  or  company,  shaU  have  power  to  fix  certain  limits  to  their  re- 
spective parades,  within  which  no  spectator  or  bystander  shall  enter, 
without  permission  from  the  commanding  officer,  and  if  any  person  shall 
intrude  or  offend,  he  shall  be  liable  to  be  confined  during  the  day,  in 
such  manner  as  the  commanding  officer  shall  direct 

Sec.  18.  And  be  it  Jurther  enacted,  That  all  commissioned  officers 


SEVENTH  CONGRESS.    Sess.  U.  Ch.  20.    1803. 


221 


are  required  to  appear  in  full  uniform  when  on  duty,  and  on  failure, 
shaD  forfeit  and  pay  five  dollars  for  each  offence,  to  be  assessed  and 
appropriated  as  other  fines  imposed  by  this  act 

Sec.  19.  And  be  it  fitriher  enacted,  That  a  brigade  inspector,  to  act 
as  brigade  major,  and  be  commissioned  with  the  rank  of  major,  shall  be 
appointed  by  the  President  of  the  United  States;  and  the  lieutenant- 
colonel  commandants  are  hereby  authorized  to  appoint  a  legionary  staff, 
to  consist  of  one  adjutant,  one  quartermaster,  one  paymaster,  to  be  taken 
from  the  officers  of  the  line,  and  one  surgeon,  one  surgeon's  mate,  and 
also,  one  sergeant  major,  one  quartermaster's  sergeant,  one  drum  major, 
and  one  fife  major,  which  appointments  shall  be  evidenced  by  warrants 
under  the  hand  of  the  lieutenant-colonel  commandant,  and  it  shall  be 
the  duty  of  the  brigade  inspector,  to  attend  the  brigadier-general  when 
required  to  receive  and  execute  all  orders  necessary  to  carry  into  effect 
the  provisions  of  this  law,  and  to  attend  the  annual  training  of  the 
officers,  and  at  the  several  legionary  and  battalion  musters,  and  he  shall 
inspect  the  several  battalions  belonging  to  his  brigade,  to  their  respec- 
tire  musters,  and  he  shall  take  an  accurate  account,  from  personal 
inspection,  of  the  quality  of  the  arms  and  accoutrements,  and  whether 
the  same  are  fit  or  unfit  for  service,  and  shall  ascertain  with  precision 
the  bores  of  muskets;  and  shall  make  annual  returns  in  the  month  of 
June,  of  each  year,  of  the  state  of  the  militia  of  the  brigade  to  which  he 
belongs,  to  the  commanding  officer  of  the  brigade,  to  be  by  him  reported 
to  the  President  of  the  United  States,  and  upon  refusal  or  neglect,  he 
shall  be  subject  to  a  fine  of  thirty  dollars,  unless  he  can  make  a  reason- 
able excuse  to  the  commanding  officer  of  the  brigade.  And  it  shall  be 
the  duty  of  the  adjutant  to  attend  and  execute  the  orders  of  the  com- 
manding officer  of  his  legion,  necessary  to  carry  into  effect  the  provisions 
of  this  law,  and  to  attend  the  legionary  and  battalion  musters,  as  also 
the  meeting  of  the  officers  within  his  legion,  and  upon  refusal  or  neglect, 
be  shall  be  subject  to  a  fine  not  exceeding  fifteen  dollars,  nor  less  than 
five  dollars,  at  the  discretion  of  the  legionary  court  of  inquiry,  unless  he 
can  make  a  reasonable  excuse  to  the  commanding  officer  of  his  legion-; 
and  it  shall  further  be  the  duty  of  the  adjutant  to  assist  generally  in  the 
necessary  training  of  the  militia,  and  he,  together  with  the  brigade 
inspector,  shall  be  allowed  such  compensation  as  tlie  legionary  courts 
of  inquiry  may,  from  time  to  time,  think  reasonable,  to  be  paid  out  of 
the  funds  arising  from  fines. 

Sec.  20.  Apm  he  it  fitrther  enacted.  That  the  following  forfeitures 
and  penalties  shall  be  incurred  for  delinquencies,  viz.  fiy  a  lieutenant- 
colonel  commandant,  or  commanding  officer  of  a  legion,  for  failing  to 
take  an  oath  to  summon  any  court  or  board,  or  failing  to  give  notice  of 
a  brigade,  legionary  or  battalion  muster;  to  report  delinquencies,  to  make 
returns  of  his  legion,  shall  for  each  and  every  such  offence  or  neglect, 
forfeit  and  pay  a  sum  not  exceeding  seventy  dollars;  for  failing  to  send 
into  service  any  militia  legally  called  for,  three  hundred  dollars.  By  a 
major,  for  failing  to  take  an  oath,  to  attend  any  court  or  board,  to  give 
notice  of  any  brigade,  legionary,  or  battalion  muster,  to  examine  his 
battalion,  to  report  delinquencies,  or  to  make  any  return,  he  shall  forfeit 
and  pay  for  each  offence  and  neglect,  a  sum  not  exceeding  thirty  dollars; 
for  failing  to  call  forth  his  battfdion  with  due  despatch,  any  detachment 
of  men  or  officers  as  shall  be  required  from  time  to  time  by  the  com- 
manding officer  of  his  legion,  or  any  call  from  the  President  of  the 
United  States,  one  hundred  and  fifly  dollars.  By  a  captain  for  failing 
to  take  an  oath,  to  attend  any  court,  to  enrol  his  men,  to  give  notice  of 
a  brigade,  legionary,  or  battalion  muster,  to  attend  any  muster  armed 
to  cause  his  roll  to  be  called,  examine  his  company  and  report  delin- 
quencies, or  to  allot  his  company  into  divisions,  from  one  to  ten,  for  a 
r^olar  routine  of  duty,  or  to  make  any  return  as  directed  by  this  act,  he 

t2 


Officen  on 
duty  ahall  be 
in  nnifonn. 

Penalty. 

Brigade  in- 
■pector. 

Legionary 
staff. 


Dntiei  of  bri- 
gade inapector. 


Penalty  on 
neglect  of  duty. 

Adjutant,  hia 
duty. 


Penalty  on 
neglect 


Delinquenciea, 
forfeitures,  and 
penalties  on. 

Commanders 
of  corps. 


Majorca    ne- 
glect. 


Captain's  ne- 
glect. 


232 


SEVENTH  CONGRESS.     Sess.  II.  Cu.  20.     1803. 


Subaltern's 

neglect. 


Non -commit- 
•ioned  officer's 
neglect. 


Penalties. 


Fines  of  per- 
SODS  under  age, 
how  paid. 


Legionary 
court  of  inquiry 
to  appoint  a  col- 
lector, and 
when. 


Allowance  of 
sijc  per  cent. 


Collector  a 
defaulter,  to  be 
sned,  and  how. 


shall  forfeit  and  pay  for  each  and  every  offence  and  neglect,  a  sum  not 
exceeding  twenty  dollars ;  failing  to  call  forth  such  officers  and  men,  as 
shall  from  time  to  time  be  legally  called  from  his  company,  upon  any 
call  from  the  President  of  the  United  States,  or  failing  on  such  occasions 
to  repair  to  the  place  of  rendezvous,  he  shall  forfeit  and  pay  seventy-five 
dollars.  By  a  subaltern  officer,  for  failing  to  take  an  oath,  to  attend  any 
court  or  muster,  armed  as  directed,  for  each  and  every  such  offence  he  shall 
forfeit  and  pay  a  sum,  at  the  discretion  of  the  court  of  inquiry,  not 
exceeding  ten  dollars;  failing  to  repair  to  the  place  of  rendezvous, 
armed  as  required,  when  ordered  upon  any  call  from  the  President,  he 
shall  forfeit  and  pay  fifly  dollars,  to  be  adjudged  of  and  determined  by 
the  respective  legionary  courts  of  inquiry,  fiy  a  non-commissioned 
officer  or  soldier,  for  failing  to  repair  to  his  rendezvous  when  ordered 
upon  any  call  from  the  President,  he  shall  forfeit  and  pay  a  sum  not 
exceeding  fifly  dollars,  to  be  adjudged  of  and  determined  by  the  respec- 
tive battalion  courts  of  inquiry,  and  moreover  shall  be  enrolled  in  the 
class  destined  to  perform  the  next  tour  of  duty :  all  officers  failing  as 
before  mentioned,  shall  be  subject  to  be  arrested,  tried,  censured,  or 
cashiered,  at  the  discretion  of  the  battalion  courts  of  inquiry.  Any 
non-commissioned  officer  or  soldier  failing  to  attend  at  his  brigade, 
legionary,  battalion,  or  company  muster,  armed  and  equipped  as  the  law 
directs,  shall  forfeit  and  pay  a  sum  not  less  than  seventy-five  cents,  nor 
more  than  five  dollars,  at  the  discretion  of  the  battalion  courts  of  inquiry. 
If  any  non-commissioned  officer  or  private  shall  be  returned  as  a  delin- 
quent in  not  appearing,  armed  and  accoutred  as  the  law  directs,  the 
court  of  inquiry  before  whom  the  same  shall  be  tried,  may,  if  it  appear 
reasonable,  remit  the  fine  incurred  by  him,  provided  every  such  delin- 
quent shall  make  it  appear  that  he  was  unable  to  procure  the  legal  equip- 
ment. Any  private  at  or  near  the  muster  ground  at  any  legionary, 
battalion,  or  company  muster,  who  shall  refuse  or  neglect  to  go  into  the 
ranks  when  required,  shall  forfeit  and  pay  ten  dollars. 

Sec.  21.  And  be  it  further  enacted,  That  the  fines  and  penalties 
incurred  by  infants  and  apprentices,  for  the  breach  or  neglect  of  their 
duty,  in  any  particular  service,  by  law  required  of  them,  shall  be  paid 
by  the  parent,  guardian  or  master. 

Sec.  22.  And  be  it  further  enacted,  That  the  legionary  court  of 
inquiry  shall,  at  their  first  meeting  in  each  year,  appoint  by  ballot,  a 
collector,  who  shall  proceed  to  collect  all  fines  assessed  by  virtue  of  this 
act,  as  also,  all  fines  incurred  under  the  act  of  Congress,  at  their  last 
session,  empowering  the  President  to  organize  the  militia  of  the  district 
of  Columbia,  not  previously  sent  out  for  collection,  upon  a  list  thereof, 
certified  by  the  clerk  of  the  court  of  inquiry,  and  delivered  to  him  in 
sixteen  days  after  each  legionary  court  of  inquiry,  who  shall  give  his 
receipt  therefor,  and  having  deducted  a  commission  of  six  per  centum, 
shall  account  for,  and  pay  the  residue  into  the  hands  of  the  paymaster, 
in  three  months  thereafter,  and  in  case  of  default,  to  be  recovered 
against  the  collector,  by  motion,  in  any  court  of  record  within  said  dis- 
trict, ten  days  notice  of  such  motion  being  given  to  the  collector,  at  the 
first  legionary  or  regimental  court  of  inquiry,  after  the  time  before 
limited,  for  accounting  and  paying  to  the  paymaster  as  aforesaid,  the 
fines  collected  by  the  collector,  he  shall  make  return,  and  report  to  said 
court  of  inquiry,  of  such  fines  as  cannot  be  collected,  by  reason  of  the 
insolvency  or  want  of  effects  of  the  delinquent  or  delinquents ;  and  if 
the  said  collector  shall  fail  to  account  for,  and  pay  into  the  hands  of  the 
paymaster  as  aforesaid,  in  the  time  limited  as  aforesaid,  all  the  residue 
of  the  fines  by  him  collected  as  aforesaid,  the  whole  amount  of  such 
fines,  including  his  commission,  shall  be  recovered  against  him,  by  men- 
tion, in  any  court  of  record  within  this  district,  ten  days  previous  notice 
of  such  motion  being  given  to  said  collector,  and  if  such  collector  shall 


SEVENTH  CONGRESS.    Sess.  II.  Ch.  20.     1803 


223 


fail  to  make  return  and  report  as  aforesaid,  of  such  fines  as  he  shall  be 
unable  to  collect  by  reason  of  the  causes  aforesaid,  or  shall  make  a  false 
return  and  report  of  the  same,  the  whole  amount  of  the  same  shall  be 
recovered  of  said  collector,  in  like  manner  as  if  he  had  actually  collected 
the  same.  And  should  any  person  so  charged  with  fines,  fail  to  make 
payment  when  called  on,  the  collector  is  hereby  authorized  to  make 
distress  and  sale  therefor.  The  collector  shall  immediately  after  his 
appointment,  and  before  he  shall  proceed  to  his  collection,  give  bond  and 
security  for  the  faithful  performance  of  his  duty,  in  such  penalty  as  the 
court  of  inquiry  may  think  proper. 

Sec.  23.  And  be  it  further  enacted.  That  the  fines  thus  paid  into  the 
hands  of  the  paymaster  by  virtue  of  this  act,  shall  be  held  as  a  fund  for 
defraying  the  salaries  of  the  officers  and  other  persons  herein  mentioned, 
and  the  maintenance  and  instruction,  and  pay  of  musicians,  and  of 
equipping  and  furnishing  the  militia  with  standards  and  musical  instru- 
ments, and  uniforms  in  certain  cases,  with  every  other  thing  necessary  ; 
to  be  adjudged  and  determined  by  the  legionary  courts  of  inquiry,  and 
all  accounts  passed  by  the  said  court,  and  certified  by  the  lieutenantp- 
colonel  commandant,  shall  be  sufficient  to  authorize  the  paymaster  to 
pay  the  same ;  the  paymaster  shall  keep  a  regular  account  of  all  monies 
received  and  disbursed  by  him  on  account  of  the  legion,  and  shall  once 
in  every  three  months,  render  his  accounts,  and  setUe  with  the  court  of 
inquiry.  The  paymaster  shall  give  bond  and  security,  to  be  approved 
of  by  the  court  of  inquiry,  for  the  faithful  performance  of  his  duty,  and 
shall  be  subject  to  the  same  mode  of  recovery  for  delinquency  as  is  herein 
prescribed  in  the  case  of  a  delinquent  collector,  and  shall  be  allowed  a 
commission  of  two  and  an  half  per  centum  on  the  several  sums  by  him 
disbursed. 

Sec.  24.  And  he  it  further  enacted.  That  the  President  of  the  United 
States  be  authorized  and  empowered,  on  an  invasion,  or  insurrection, 
or  probable  prospect  thereof,  to  call  forth  such  a  number  of  militia,  and 
from  such  county,  and  in  such  a  manner,  whether  by  routine  of  duty  or 
otherwise,  as  he  may  deem  proper ;  and  for  the  accommodation,  equip- 
ment and  support  of  the  militia,  so  at  any  time  to  be  called  forth,  the 
President  of  the  United  States  may  appoint  such  quartermasters,  com- 
missaries, and  other  staff,  as  to  him  shall  seem  proper,  and  to  fix  their 
pay  and  allowances,  and  shalf  also  take  such  measures  for  procuring, 
transporting  and  issuing  all  orders  which  may  be  necessary.  Orders  for 
the  militia  to  be  called  forth  as  aforesaid,  shall  be  sent  to  the  command- 
ing officer  of  the  district  of  Columbia,  with  a  notification  of  the  place  or 
places  of  rendezvous,  who  shall  immediately  take  measures  for  detaching 
the  same,  with  the  necessary  number  and  ranks  of  officers,  by  detail 
and  rotation  of  duty  or  otherwise,  as  he  may  be  ordered.  Whenever 
any  militia  shall  be  called  forth  into  actual  service  as  aforesaid,  they 
shall  be  governed  by  the  articles  of  war,  which  govern  the  troops  of  the 
United  States.  And  courts  martial  shall  be  held  as  therein  are  directed, 
to  be  composed  of  militia  officers  only,  for  the  trial  of  any  person,  in  the 
militia,  but  to  the  cashiering  of  any  officer,  or  capital  punishment  of 
any  person,  the  approbation  of  the  President  of  the  United  States  shall 
be  necessary ;  and  when  any  militia  shall  be  in  actual  service,  they  shall 
be  allowed  the  same  pay  and  rations  as  are  allowed  by  law  to  the  militia 
of  the  United  States.  If  a  sudden  invasion  shall  be  made  into  either 
county  in  this  district,  or  in  case  of  an  insurrection  in  either  county,  the 
commanding  officer  of  the  militia  of  the  district,  or  of  such  county,  is 
hereby  authorized  and  required  to  order  out  the  whole  or  such  part  of 
the  militia,  as  he  may  think  necessary,  and  in  such  manner  as  he  may 
think  best,  for  repelling  or  suppressing  such  invasion  or  insurrection ; 
and  shall  call  on  the  commanding  officers  of  the  adjacent  counties  for 
such  sid  as  he  may  think  necessary,  who  shall  forthwith  and  in  like 


Fines  not  paid, 
how  recovera- 
ble. 

Collector  to 
give  bond  and 
security. 

Fines  to  be  a 
fund  for  salaries 
of  officers,  ma- 
sicians,  &c.  also 
for  furnishing 
the  necessary 
equipage,  &c. 


Paymaster  of 
the  legion  shall 
settle  his  ac- 
counts once  in 
three  months. 

Shall   give 
bond  and  seca- 
nt 

Two  and   an 

half  per  centum 
allowed  on  dis* 
bursements. 

President  au- 
thorized to  call 
forth  the  militia 
on  an  invasion, 
&c. 


And  to  ap. 
point  certain  oA 
ncers  with  pay. 


Militia  when 
called    forth, 
how  governed. 

Courts    mar- 
tial. 


Pay  and  ra- 
tions  of  the  mi- 
litia. 

Power  of  the 
commanding  of. 
ficer  of  the  dis> 
trict,  in  case  of 
invasion  or  in- 
surrection. 


224 


SEVENTH  CONGRESS.    Sess.  II.  Ch.  20.     1803. 


Arms,  8bc.  al- 
ways exempt 
from  execution, 
and  ^rsons 
from  civil  ar- 
rests  while  in 
service. 

Brigadier-ge- 
nerals may  em- 
ploy couriers. 


Their    com- 
pensation. 


Non-commis- 
sioned officers 
and  privates  of 
battalions  shall 
on  duty  appear 
in  uniforms, 


or  be  fined. 


Courts  of  in- 
quiry may  bind 
▼oung  men  and 
boys  to  leam 
military  music. 


Their  fathers 
exempt  from  mi- 
litia duties. 


Courts  of  in- 
Quiry  to  provide 
for  the  musi- 


Compensation. 


manner  furnish  the  same ;  and  in  the  event  of  any  militia  ordered  out 
by  the  commanding  officer  of  a  county,  or  of  the  district  as  herein 
authorized,  such  officer  shall  immediately  notify  the  same,  and  the  cause 
thereof,  to  the  commanding  officer  of  the  district,  or  to  the  President  of 
the  United  States,  as  the  case  may  require. 

Sec.  25.  And  be  it  further  enacted,  That  all  arms,  ammunition,  and 
equipments  of  militia,  shall  be  exempted  from  executions  and  distress  at 
all  times,  and  their  persons  from  arrests  and  process  in  civil  cases,  while 
going  to,  continuing  at,  or  returning  from  musters,  and  while  in  actual 
service. 

Sec.  26.  And  be  it  further  enacted.  That  the  brigadier-generals  are 
hereby  empowered  and  authorized  to  employ  some  person  within  their 
respective  districts,  to  convey  all  orders  from  them  to  the  commanding 
officers  of  corps,  respecting  the  militia  of  the  district  of  Columbia,  who 
shall  be  exempt  from  all  other  militia  duty,  and  shall  receive  such  com- 
pensation, as  the  legionary  court  of  inquiry,  in  which  district  such  orders 
may  from  time  to  time  be  delivered,  shall  think  proper,  on  his  producing 
to  the  court  a  certificate  of  his  having  discharged  the  said  services. 

Sec.  27.  And  he  it  further  enacted.  That  all  non-commissioned 
officers  and  privates,  belonging  to  battalion  companies,  shall  appear 
while  on  duty,  uniformly  cloUied,  the  colour  and  fashion  of  which  uni- 
forms to  be  determined  on  for  the  respective  legions,  by  the  first  legionary 
courts  of  inquiry  which  shall  be  held,  and  to  be  approved  of  by  the  briga- 
dier-general, provided  the  expense  of  the  same,  additional  to  that  of 
usual,  ordinaiy,  and  cheap  clothing,  does  not  exceed  five  dollars  for  each 
person ;  and  every  such  non-commissioned  officer,  or  drummer,  or  fifer, 
or  private,  appearing  at  any  muster  held  after  three  mouths  fi-om  the 
time  that  such  uniforms  shall  have  been  determined  on,  and  the  order 
relative  thereto  shall  have  been  published,  in  some  newspaper  within  the 
legionafy  district,  and  not  wearing  the  same,  shall  be  fined  five  dollars 
for  each  offence ;  unless  he  can  make  it  appear  to  the  satisfaction  of  the 
court  of  inquiry  of  the  battalion  to  which  he  may  belong,  that  he  was 
unable  to  equip  himself. 

Sec.  28.  And  be  it  further  enacted.  That  the  respective  courts  of 
inquiry  shall  have  power  to  cause  to  be  bound  for  a  term  of  years,  to  the 
several  commandants  of  companies,  battalions,  and  legions,  and  their 
successors  in  office,  as  the  case  may  require,  such  number  of  boys  and 
young  men,  with  the  consent  of  their  parent  or  other  person  authorized, 
as  they  in  Uieir  discretion  may  deem  proper,  for  the  purpose  of  being 
instructed  in  the  different  branches  of  military  music,  and  of  serving  as 
musicians  when  they  may  be  competent  thereto,  to  the  several  companies, 
battalions,  and  legions;  and  the  father  of  any  youth  who  may  be  so 
bound,  otherwise  subject  to  be  enrolled,  shall  be  exempt  from  all  duty 
in  the  militia,  so  long  as  his  son  so  bound  may  continue  to  serve  in  the 
corps  to  which  he  would  otherwise  belong,  as  well  during  his  apprentice- 
ship as  thereafler ;  and  the  several  legionary  courts  of  inquiry  shall 
make  provision  from  time  to  time  for  the  clothing,  maintenance,  and  the 
properly  instructing  all  such  youths,  to  be  paid  from  the  fund  arising 
from  the  fines  imposed  by  this  act ;  and  the  commanding  officers  of 
legions,  shall  cause  the  drummers  and  fifers  and  other  musicians  of  their 
respective  legions,  to  meet  at  the  same  times  and  places  that  commis- 
sioned officers  are  required  to  meet,  for  the  purpose  of  being  trained  by 
the  brigade  inspector,  or  other  officer,  there  to  be  instructed,  in  their 
respective  branches  of  music,  for  which  purpose  the  commanding  officer 
of  the  legion  may  employ  such  person  or  persons  as  he  may  think  pro- 
per and  capable  to  instruct  such  drummers  and  fifers,  and  other  musi- 
cians. The  person  so  to  be  employed  by  the  commanding  officer  of  the 
legion,  to  be  allowed  such  compensation  as  the  leffionary  court  of  inquiry 
may  authorize,  and  each  drummer  and  fifer,  and  other  musician,  unless 


SEVENTH  CONGRESS.    Sess.  II.  Ch.  21.     1803. 


225 


an  apprentice,  sliall  be  aUowed  during  the  time  they  are  convened,  one 
doDar  per  day,  to  be  paid  out  of  the  funds  arising  from  fines. 

Sec.  29.  And  be  U  further  enacted^  That  the  Secretary  of  War  shall 
cause  a  sufficient  number  of  copies  of  this  law,  together  with  the  act  of 
Congress,  more  effectually  to  provide  for  the  national  defence,  by  estab- 
lishing an  uniform  militia  throughout  the  United  States ;  and  the  act  of 
Congress  for  calling  forth  the  militia  to  execute  the  laws  of  the  Union, 
suppress  insurrections,  and  repel  invasions ;  and  the  articles  of  war ;  to 
be  printed  and  distributed  throughout  the  territory  of  Columbia,  so  that 
every  general  and  field  officer  therein,  and  every  brigade  inspector,  and 
captain,  be  furnished  with  one  copy  each. 

Approved,  March  3,  1803. 


Each    com- 
mifsioned  offi. 
cer  to  be  fur- 
nished with  the 
article!  of  war 
and  militia  law. 


Act  of  April 
SO,  1802,  ch.  40. 

Tractoofland 
appropriated  for 
the  QM  of 
■chools. 


Statute  II. 

Chap.  XXI. — Jin  JUct  in  addition  io^  and  in  modificatinn  of,  the  proposiiiona  con^    March  3, 1803. 

tained  in  the  act  intituled  **An  act  to  enable  the  people  of  the  Eaatem  division 

of  the  territory  northweat  (f  the  river  Ohio,  to  form  a  Constitution  and  state 
government,  and  for  tlu  admission  of  such  state  into  the  Union,  on  an  equal 
footing  with  the  original  States,  and  for  other  purposes,^^ 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  following  several 
tracts  of  land  in  the  state  of  Ohio,  be,  and  the  same  are  hereby  appro- 
priated for  the  use  of  schools  in  that  state,  and  shall,  together  with  all 
the  tracts  of  land  heretofore  appropriated  for  that  purpose,  be  vested  in 
the  legislature  of  that  state,  in  trust  for  the  use  aforesaid,  and  for  no 
other  use,  intent  pr  purpose  whatever,  that  is  to  say : 

First — ^The  following  quarter  townships  in  that  tract  commonly  called 
the  "  United  States  military  tract,"  for  the  use  of  schools  within  the 
same,  viz.  the  first  quarter  of  the  third  township  in  the  first  range,  the 
first  quarter  of  the  first  township  in  the  fourth  range,  the  fourth  quarter 
of  the  first  township  and  the  third  quarter  of  the  fiflh  township  in  the 
fifth  range,  the  second  quarter  of  the  third  township  in  the  sixth  range, 
the  fourth  quarter  of  the  second  township  in  the  seventh  range,  the  third 
quarter  of  the  third  township  in  the  eighth  range,  the  first  quarter  of  the 
first  township  and  the  first  quarter  of  the  third  township  in  the  ninth 
range,  the  third  of  the  first  township  in  the  tenth  range,  the  first  and 
fourth  quarters  of  the  third  township  in  the  eleventh  range,  the  fourth 
quarter  of  the  fourth  township  in  the  twelflh  range,  the  second  and  third 
quarters  of  the  fourth  township  in  the  fifleenth  range,  the  third  quarter 
of  the  seventh  township  in  the  sixteenth  range,  and  the  first  quarter  of 
the  sixth  township  and  third  quarter  of  the  seventh  township  in  the 
eighteenth  range,  being  the  one  thirty-sixth  part  of  the  estimated  whole 
amount  of  lands  within  that  tract. 

Secondly — ^The  following  quarter  townships  in  the  same  tract  for  the 
use  of  schools  in  that  tract  commonly  called  the  Connecticut  reserve, 
viz.  the  third  quarter  of  the  ninth  township  and  the  fourth  quarter  of 
the  tenth  township  in  the  first  range,  the  first  and  second  quarters  of  the 
ninth  township  in  the  second  range,  the  second  and  third  quarters  of  the 
ninth  township  in  the  third  range,  the  first  quarter  of  the  ninth  township 
and  the  fourth  quarter  of  the  tenth  township  in  the  fourth  range,  the  first 
quarter  of  the  ninth  township  in  the  fiflh  range,  the  first  and  fourth 
quarters  of  the  ninth  township  in  the  sixth  range,  the  first  and  third 
quarters  of  the  ninth  township  in  the  seventh  range,  and  the  fourth 
quarter  of  the  ninth  township  in  the  eighth  range. 

Thirdly — So  much  of  that  tract,  commonly  called  the  "Virginia 
militanr  reservation,"  as  will  amount  to  one  thirty-sixth  part  of  the  whole 
tract,  n>r  the  use  of  schools  within  the  same,  and  to  be  selected  by  the 
legislature  of  the  state  of  Ohio,  out  of  the  unlocated  lands  in  that  tract 
after  the  warrants  issued  from  the  state  of  Virginia  shall  have  been 

Vol.  II.— 29 


Quarter  town- 
ahipt  in  the  Con- 
necticat  reserve 
for  the  use  of 
schools. 


Part  of  the 
Virginia  reser- 
vation for  the 
use  of  schools. 

1807,  ch.  21. 


2m 


SEVENTH  CONGRESS.    Sess.  II.  Ch.  21.     I80a 


Noinber  six. 
teen  in  evenr 
township  in  ail 
Iftndtinthettate 
of  Ohio,  reterr- 
ed  for  the  lite  of 
■chooli. 


Appropriation 
for  public  roads 
in  the  state  of 
Ohio  from  the 
receipts  from 
pnblic  lands. 


Annnal  ac- 
count to  be 
transmitted  to 
the  Treasury. 


Conditions. 


Sections  for 
schools  in  lien 
of  others  to  be 
selected  by  the 
S^retary  of  the 
Treasnry. 

Appropriation 
for  establishing 
an  academy,  to 
be  located  by 
the  legislature 
of  Ohio. 


Proviso. 


Further  pro. 
▼ision  for  an 
academy. 

Vol.  i.  266. 


satisfied ;  it  being  however  understood,  that  the  donation  is  not  to  ex- 
ceed the  whole  amount  of  the  above-mentioned  residue  of  such  unlocated 
lands,  even  if  it  shall  fall  short  of  one  thirty-sixth  part  of  the  said  tract 

Fourthly — One  thirty-sixth  part  of  all  the  lands  of  the  United  States 
lying  in  the  state  of  Ohio,  to  which  the  Indian  title  has  not  been  ex- 
tinguished, which  may  hereafter  be  purchased  of  the  Indian  tribes  bj 
the  United  States,  which  thirty-sixth  part  shall  consist  of  the  section  No. 
sixteen,  in  each  township,  if  the  said  lands  shall  be  surveyed  in  town- 
ships of  six  miles  square,  and  shall,  if  the  lands  be  surveyed  in  a  difier« 
ent  manner,  be  designated  by  lots. 

Sec.  2.  And  he  it  further  enacted,  That  the  Secretary  of  the  Trea- 
sury shall,  from  time  to  time,  and  whenever  the  quarterly  accounts  of 
the  receivers  of  public  monies  of  the  several  land-offices  shall  be  settled, 
pay  three  per  cent,  of  the  nett  proceeds  of  the  lands  of  the  United  States, 
lying  within  the  state  of  Ohio,  which  since  the  thirtieth  day  of  June  last 
have  been,  or  hereafter  may  be  sold  by  the  United  States,  after  deduct- 
ing all  expenses  incidental  to  the  same,  to  such  person  or  persons  as  may 
be  authorized  by  the  legislature  of  the  said  state  to  receive  the  same, 
which  sums  thus  paid,  shall  be  applied  to  the  laying  out,  opening  and 
making  roads  within  the  said  state,  and  to  no  other  purpose  whatever ; 
and  an  annual  account  of  the  application  of  the  same  shall  be  tran^ 
mitted  to  the  Secretary  of  the  Treasury,  by  such  officer  of  the  state  as 
the  legislature  thereof  shall  direct :  and  it  is  hereby  declared,  that  the 
payments  thus  to  be  made,  as  well  as  the  several  appropriations  for 
schools  made  by  the  preceding  section,  are  in  conformity  with,  and  in 
consideration  of  the  conditions  agreed  on  by  the  state  of  Ohio,  by  the 
ordinance  of  the  convention  of  the  said  state,  bearing  date  the  twenty- 
ninth  day  of  November  last 

Sec.  3.  And  he  if  Jurther  enacted,  That  the  sections  of  land  hereto- 
fore promised  for  the  use  of  schools,  in  lieu  of  such  of  the  sections.  No. 
16,  as  have  been  otherwise  disposed  of,  shall  be  selected  by  the  Secre- 
tary of  the  Treasury,  out  of  the  unappropriated  reserved  sections  in  the 
most  contiguous  townships. 

Sec.  4.  And  be  it  Jurther  enacted.  That  one  complete  township  in 
the  state  of  Ohio,  and  district  of  Cincinnati,  or  so  much  of  any  one 
complete  township  within  the  same,  as  may  then  remain  unsold,  together 
with  as  many  adjoining  sections  as  shall  have  been  sold  in  the  said 
township,  so  as  to  make  in  the  whole  thirty-six  sections,  to  be  located 
under  the  direction  of  the  legislature  of  the  said  state,  on  or  before  the 
first  day  of  October  next,  with  the  register  of  the  land-office  of  Cincin- 
nati, be,  and  the  same  is  hereby  vested  in  the  legislature  of  the  state  of 
Ohio,  for  the  purpose  of  establishing  an  academy,  in  lieu  of  the  township 
already  granted  for  the  same  purpose,  by  virtue  of  the  act  intituled  "An 
act  authorizing  the  grant  and  conveyance  of  certain  lands  to  John 
Cleves  Symmes,  and  his  associates :  Provided,  however,  that  the  same 
shall  revert  to  the  United  States,  if,within  five  years  after  the  passing  of 
this  act,  a  township  shall  have  been  secured  for  the  said  purpose,  within 
the  boundary  of  the  patent  granted  by  virtue  of  the  above-mentioned 
act,  to  John  Cleves  Symmes,  and  his  associates. 

Sec.  6.  And  be  it  Jurther  enacted.  That  the  attorney-general  for  the 
time  being,  be  directed  and  authorized  to  locate  and  accept  from  the 
said  John  Cleves  Symmes,  and  his  associates,  any  one  complete  town- 
ship within  the  boundaries  of  the  said  patent,  so  as  to  secure  the  same 
for  the  purpose  of  establishing  an  academy,  in  conformity  to  the  provi- 
sions of  the  said  patent,  and  in  case  of  non-compliance,  to  take,  or  direct 
to  be  taken,  such  measures  as  will  compel  an  execution  of  the  trust : 
Provided,  however,  that  John  Cleves  Symmes  and  his  associates  shall  be 
released  from  the  said  trust,  and  the  said  township  shall  vest  in  them,  or 
any  of  them,  in  fee  nmple,  upon  payment  into  the  treasury  of  the  United 


SEVENTH  CONGRESS.    Sess.  U.  Ch.  23,  24.    1603. 


States,  of  fifteen  thousand  three  hundred  and  sixty  doUars,  with  interest 
from  the  date  of  the  above-mentioned  patent,  to  the  day  of  such  pay- 
ment 
Approted,  March  3, 1803. 


Statute  II. 


Jariidiction  to 
the  circuit  eonit 
of  thecoontjof 
AJezuidria,  in 
■uits  hj  certain 
ininnnce  com- 
ptniee. 


Cbap.  XXni.— ^n  Jet  eonuming  tht  inawrance  tf  buildifigs^  good*  andfunu'     March  S,  1803. 
Uirtf  in  ike  county  ef  JlexandHa^  in  the  territory  <f  Columbia. 

Be  it  enacted  by  the  Senate  and  House  of  B.tpreseniaiives  of  the 
United  States  of  America  in  Congress  assembled^  That  the  two  incor- 
porated bodies  of  the  state  of  Virginia,  the  one  known  by  the  name  of 
*'The  Mutual  Assurance  Society  against  fire  on  buildings,  in  the  state 
of  Virginia;"  the  other  caUed  "A  Mutual  Insurance  Company  against 
fire,  on  goods  and  furniture,  in  the  state  of  Virginia,"  or  either  of  them 
hereafter  making  insurances  on  buildings,  goods  or  fiimiture,  situated  in 
the  county  of  Alexandria,  in  the  district  of  Columbia,  according  to  the 
laws,  rules  and  regulations,  by  which  the  said  societies  are  or  may  be 
respectively  governed  in  their  insurances  in  that  state,  may  have  the 
same  right  and  mode  of  recovery,  in  the  circuit  court  of  the  county  of 
Alexandria,  in  the  district  of  Columbia,  against  any  person  so  insuring 
his  building,  furniture,  or  property,  as  the  case  may  be,  situated  in  the 
count?  aforesaid,  with  either  of  the  said  societies,  which  miffht  have 
been  had  against  him  or  her,  if  the  person  so  insuring  was  resident,  and 
the  building,  furniture,  or  property,  so  insured,  was  situated  in  the  state 
of  Virginia. 

Apfrovsd,  March  3, 1803. 


— —  Statute  II. 

Crap.  XXIV.— ^n  Ad  making  appropriations  for  the  MtUtary  eOablishmeni  of    llarch  3, 1803. 

the  United  States^  in  the  year  one  thouoand  eight  hundred  and  three,  — tt""; — ;; — 

^  ^  [Obsolete.] 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United       Specific  ap. 
States  of  America  in  Congress  assembled,  That  for  defraying  the  several  propriationi. 
expenses  of  the  military  establishment  of  the  United  States,  for  the  year 
one  thousand  eight  hundred  and  three ;  for  the  Indian  department,  and 
for  the  erection  of  fortifications,  the  following  sums  be,  and  the  same 
hereby  are  respectively  appropriated,  that  is  to  say : 

For  the  pay  of  the  army  of  the  United  States,  two  hundred  and  ninety- 
nine  thousand  one  hundred  and  twenty-four  dcdlars. 

For  forage,  four  thousand  and  fifty-six  dollars. 

For  the  subsistence  of  the  officers  of  the  army  and  the  corps  of 
engineers,  twenty-nine  thousand  and  eighty-six  dollars  and  eighty-five 
cents. 

For  the  subsistence  of  non-commissioned  officers  and  privates,  one 
hundred  and  fifty-four  thousand  five  hundred  and  forty  dollars  and 
seventy-five  cents. 

For  clothing,  fifty-six  thousand  nine  hundred  and  sixty  dollars. 

For  bounties  and  premiums,  eight  thousand  dollars. 

For  the  medical  and  hospital  department,  ten  thousand  dollars. 

For  camp  equipage,  fuel,  tools,  and  transportation,  and  contingent 
expenses,  fifty-eight  thousand  dollars. 

For  fortifications,  arsenals,  magazines  and  armories,  one  hundred 
and  nine  thousand  six  bundled  and  ninety-six  dollars  and  eighty-eight 
cents. 

For  the  Indian  department,  seventy-three  thousand  five  hundred 
dollars. 

For  purchasing  maps,  plans,  books  and  instruments  for  the  depart* 
ment  of  war  and  the  military  academy,  two  thousand  dollars. 

For  postage  on  letters  on  public  service  to  and  from  the  offices  of 


22S 


SEVENTH  CONGRESS.    Sua.  II.  Ca.  25, 26.    1803. 


Specific   ap- 
propriations. 


the  adjatant  and  inspector  and  paymaster  of  the  army,  four  thoasand 
five  hundred  dollars. 

Sec.  2.  And  he  it  further  enacted.  That  a  sum  not  exceeding  twenty 
thousand  dollars,  including  any  unexpended  balance  of  former  appro- 
priations for  the  same  object,  be,  and  the  same  hereby  is  appropriated 
ibr  defraying  the  expense  of  any  treaty  or  treaties  which  may  be  held 
with  the  Indians:  Provided,  that  the  compensation  to  be  allowed  to 
any  commissioner  appointed  or  who  may  be  appointed,  for  negotiating 
such  treaties  shall  not  exceed,  exdusire  of  traveUing  expenses,  the  rate 
of  eight  dollars  per  day  during  the  actual  service  of  such  commissioner. 

Sec.  3.  And  be  it  fiirther  enacted,  That  the  several  appropriations 
herein  before  made,  shall  be  paid  and  discharged,  first  out  of  any  balance 
remaining  unexpended  of  former  appropriations  for  the  same-  objects 
respectively,  and  secondly,  out  of  any  monies  in  the  treasury  not  other- 
wise appropriated. 

Approyed,  March  3,  1803. 


Statute  II.  _ 

March  3, 1S03.  Chap.  XXV. — An  Mi  for  erecting  a  LigMkout  at  the  entrance  of  Penobtcot  Bay^ 
or  any  other  place  in  ite  vicinity,  that  may  be  deemed  preferable  by  the  Secretary 
of  the  Treaeury. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Confess  assembled,  That  as  soon  as  a  cession  shall 
be  made  by  the  state  of  Massachusetts  to  the  United  States,  of  the  jurifr* 
diction  over  the  land  proper  for  the  purpose,  the  Secretary  of  the  Trea^ 
sury  be,  and  he  is  hereby  authorized  to  purchase  so  much  land  as  may 
be  necessary,  and  provide  by  contract,  to  be  approved  by  the  President 
of  the  United  States,  for  building  a  lighthouse  on  Whitehead  at  the 
entrance  of  Penobscot  bay,  or  any  place  in  its  vicinity,  that  may  be 
deemed  preferable  by  the  Secretary  of  the  Treasury,  and  to  furnish  the 
same  with  all  necessary  supplies ;  and  also,  to  agree  for  the  salaries  or 
wages  of  the  persons  who  may  be  appointed  by  the  President  for  the 
superintendence  and  care  of  the  same;  and  that  the  President  be 
authorized  to  make  the  said  appointments. 
Appropriation.  Sec.  2.  And  be  it  further  enacted,  That  there  be  appropriated  and 
paid  out  of  the  monies  arising  from  imports  and  tonnage,  the  sum  of 
seven  thousand  dollars  for  the  purpose  of  erecting  the  lighthouse  as 
aforesaid. 

Approved,  March  3, 1803. 


A  lighthoQie 
to  be  erected  on 
Whitehead,  Pe- 
nobacpl  bay. 


Statute  II. 


March  3, 1803. 


District  of 
Beaufort  formed 
from  Newbem, 
North  Carolina. 

Beaufort  port 
of  entry. 

Collector  ap. 
pointed. 

1799,  ch.  92, 
fee.  12. 


Salary. 

Easton,   Miu 
rylaad,  and  Ti- 


Chap.  XXVI. — An  Ad  to  make  Beaufort  and  Pauamaquoddy^  porte  of  entry  and 
delivery ;  1o  make  Eatton  and  Tiverton,  ports  of  delivery ;  and  to  authorize  the 
esiabliihment  of  a  new  eolleciion  district  on  Lake  Ontario, 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  from  and  after  the  last 
day  of  June  next,  a  district  shall  be  formed  from  the  district  of  New- 
bem, in  North  Carolina,  to  be  called  the  district  of  Beaufort,  which 
shall  include  the  town  of  Beaufort,  and  all  the  water  and  shore  north 
and  east  of  the  said  town,  to  Harbor  Island,  and  all  the  water  and  shore 
south  and  west  of  the  said  town,  to  Dog  Island,  inclusive.  And  the 
town  of  Beaufort  shall  be  the  sole  port  of  entry  and  delivery  for  jthe  said 
district;  and  a  collector  for  the  said  port  shall  be  appointed,  to  reside 
and  keep  his  office  at  the  said  town  of  Beaufort,  who  shall  be  entitled 
to  receive,  in  addition  to  the  fees  and  other  emoluments  established  by 
law,  the  annual  salary  of  two  hundred  dollars. 

Sec.  %  And  be  it  further  enacted,  That  from  and  after  the  said 
thirtieth  day  of  June,  Eastoo,  in  the  district  of  Oxford,  in  the  state 


SEVENTH  CONGRESS.    Sess.  II.  Ch.  27.     1803. 


of  Maryland,  and  Tiverton,  in  the  district  of  Newport,  and  state  of 
Rhode  Island,  shall  be  ports  of  delivery,  and  a  surveyor  shall  be  appointed 
to  each ;  each  of  whom  shall  be  entitled  to  receive,  in  addition  to  the 
fees  and  emoluments  already  allowed  by  law,  a  salary  of  two  hundred 
dollars  per  annum. 

Sec.  3.  And  he  it  further  enacted.  That  it  shall  be  lawful  for  the 
President  of  the  United  States  to  establish,  when  it  shall  appear  to  him 
to  be  proper,  in  addition  to  the  port  of  entry  and  delivery  already 
established  on  Lake  Ontario,  one  other  port  of  entry  and  delivery  on 
the  said  lake,  or  on  the  waters  or  rivers  emptying  therein,  and  to 
appoint  a  collector  of  the  customs,  to  reside  and  keep  an  office  thereat. 

Sec.  4.  And  be  it  further  enacted,  That  from  and  after  the  said  thir- 
tieth day  of  June  next,  such  place  within  the  district  of  Passaroaquoddy, 
in  the  state  of  Massachusetts,  as  the  Secretary  of  the  Treasury  may 
direct,  shall  be  a  port  of  entry  and.  delivery,  (at  which  place  the  collector 
shall  reside)  as  well  for  foreign  as  for  vessels  of  the  United  States. 

Appboved,  March  3,  1803. 


rerton,  Rhode 
Island,  ports  of 
delivery. 

Sarvejor  to 
each. 

Salaries. 


port  of  entry  s 
delivery,  on 


CBAF.XXYlh'^nJlelreguiaiing  the  granii  (f  land^  and  providing  for  ifte  dii- 
poaal  cf  thi  lands  of  the  UniUi  Siatea,  south  if  the  state  of  T^nesaee.{a) 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  any  person  or  persons, 
and  the  legal  representatives  of  any  person  or  persons,  who  were  resident 
in  the  Mississippi  territory  on  the  twenty-seventh  day  of  October,  in  the 
year  one  thousand  seven  hundred  and  ninety-five,  and  who  had  prior  to 
that  day  obtained,  either  from  the  British  government  of  West  Florida 
or  from  the  Spanish  government,  any  warrant  or  order  of  survey  for 
lands  lying  within  the  said  territory,  to  which  the  Indian  title  had  been 
extinguished,  and  which  were  on  that  day  actually  inhabited  and  culti- 
vated by  such  person  or  persons,  or  for  his  or  their  use,  shall  be  con- 
firmed in  their  claims  to  such  lands  in  the  same  manner  as  if  their  titles 
had  been  completed :  Provided,  however,  that  no  such  incomplete  title 
shall  be  confirmed,  unless  the  person  in  whose  name  such  warrant  or 
order  of  survey  had  been  granted,  was  at  the  time  of  its  date  either  the 
head  of  a  family,  or  above  the  age  of  twenty-one  years. 

Sec.  2.  And  be  it  further  enacted.  That  to  every  person,  or  to  the 
legal  representative  or  representatives  of  every  person  who,  being  either 
the  head  of  a  family,  or  of  twenty-one  years  of  age,  did  on  that  day  of 
the  year  seventeen  hundred  and  ninety-seven,  when  the  Mississippi 
territory  was  finally  evacuated  by  the  Spanish  troops,  actually  inhabit 
and  cultivate  a  tract  of  land  in  the  said  territory,  not  claimed  by  virtue 
either  of  the  preceding  section,  or  of  any  British  grant,  or  of  the  articles 
of  agreement  and  cession  between  the  United  States  and  the  state  of 
Georgia,  the  said  tract  of  land  thus  inhabited  and  cultivated,  shall  be 
granted :  Provided,  however,  that  not  more  than  one  tract  shall  be  thus 
granted  to  any  one  person,  and  the  same  shall  not  conts\jn  more  than 
six  hundred  and  forty  acres :  And  provided  also,  that  this  donation  shall 
not  be  made  to  any  person  who  claims  any  other  tract  of  land  in  tlie 
said  territory  by  virtue  of  any  British  or  Spanish  grant,  or  order  of  survey. 

Sec.  3.  And  be  it  further  enacted.  That  every  person,  and  the  legal 
representatives  of  every  person,  who  being  the  head  of  a  family,  or  above 
the  age  of  twenty-one  years,  doth  at  the  time  of  passing  this  act,  inhabit 
and  cultivate  a  tract  of  land  in  the  said  territory,  not  claimed  by  virtue 
of  the  preceding  sections  of  this  act,  or  of  any  British  grant,  or  of  the 


Additional 

and 
on 
Lake  Ontario. 

1799.  ch.  22, 
sec.  6. 

With  a  collec. 
tor. 

Port  of  entry 
and  delivery  in 
Passamaquoid- 
dy,    Massachu- 
setts. 


Statute  II. 
March  3, 1803. 


Residents  in 
the  Mississippi 
territory,  con- 
firmed in  thoiv 
claims. 


ProTiso. 


Grants  to  in. 
habitants  whero 
the  territory  was 
evacuated  by 
the  Spaniards. 


Limitations. 


Residents  en- 
titled  to  a  pre- 
fcrence  as  pur- 
chasers. 


(0)  Act  of  March  27,  1804,  chap.  61 ;  act  of  March  2,  1805,  chap.  21;  act  of  April  21,  1806,  chap.  46  ;' 
act  of  March  3,.  1807,  chap.  46  ;  act  of  January  19,  1808,  chap.  10 ;  act  of  March  3,  1815,  chap.  87,  sec. 
4;  act  of  May  8,  1822,  chap.  128,  sec.  4;  act  of  March  2,  1S33,  chap.  So. 

u 


230 


SEVENTH  CONGRESS.    Sbbs.  II.  Ch.  27.     1803. 


Witbottt  in. 
terest  on  insul. 
inents. 

Two  Und.of. 
ficet  in  the  Mis. 
■iMippi  Territo- 


Regiiter  and 
receiver  of  pob- 
lic  money  in 
each. 

Secority. 


Claimaots  and 
residents  to 
state    their 
claims  before 
the  thirty-first 
of  March,  one 
thousand  eight 
hundred    and 
four. 


To  be  record- 


Neglect  there- 
of to  bar  their 
claims. 


Commission- 
ers appointed  to 
settle  the 


Their  oath  or 
affirmation. 


articles  of  agreement  and  cession  above-mentioned,  shall  be  entitled  to 
a  preference  in  becoming  the  purchaser  from  the  United  States,  of  such 
tract  of  land,  at  the  price  at  which  the  other  lands  of  the  United  States 
in  the  said  territory,  are  by  this  act  directed  to  be  sold ;  and  payment 
may  be  made  therefor  in  the  same  manner,  and  under  the  same  con- 
ditions^as  directed  by  this  act  for  such  other  lands:  Provided,  however, 
that  no  interest  shall  be  charged  upon  any  of  the  instalments  until  they 
respectively  become  payable. 

Sec.  4.  And  be  it  further  enacted,  That  for  the  disposal  of  the  lands 
of  the  United  States  within  the  Mississippi  territory,  two  land-offices 
shall  be  established  in  the  same,  one  at  such  place  in  the  county  of 
Adams,  as  shall  be  designated  by  the  President  of  the  United  States, 
for  the  lands  lying  west  of  ''  Pearl  river,"  sometimes  called  "  half>way 
river ;"  and  one  at  such  place  in  the  county  of  Washington,  as  shall  be 
designated  by  the  President  of  the  United  States,  for  the  lands  lyins 
east  of  Pearl  river :  and  for  each  of  the  said  offices,  a  register  and 
receiver  of  public  monies  shall  be  appointed,  who  shall  give  security  in 
the  same  manner,  and  in  the  same  sums,  and  whose  duties  and  authority 
shall  in  every  respect  be  the  same  in  relation  to  the  lands  which  shall 
be  disposed  of  at  their  offices,  as  are  by  law  provided  in  relation  to  the 
registers  and  the  receivers  of  public  monies  in  the  several  offices 
established  for  the  disposal  of  the  lands  of  the  United  States,  north  of 
the  river  Ohio,  and  above  the  mouth  of  Kentucky  river. 

Sec.  6.  And  he  it  further  enacted.  That  every  person  claiming  lands 
by  virtue  of  any  British  grant,  or  of  the  three  first  sections  of  this  act, 
or  of  the  articles  of  agreement  and  cession  between  the  United  States 
and  the  state  of  Georgia,  shall,  before  the  last  day  of  March  in  the  year 
one  thousand  eight  hundred  and  four,  deliver  to  the  register  of  the  land- 
office,  within  whose  district  the  land  may  be,  a  notice  in  writing,  stating 
the  nature  and  extent  of  his  claims,  together  with  a  plot  of  the  tract  or 
tracts  claimed,  and  shall  also,  on  or  before  that  day,  deliver  to  the  said 
register,  for  the  purpose  of  being  recorded,  every  grant,  order  of  survey, 
deed,  conveyance,  or  other  written  evidence  of  his  claim,  and  the  same 
shall  be  recorded  by  the  said  register,  in  books  to  be  kept  for  that  pur- 
pose, on  receiving  from  the  parties  at  the  rate  of  twelve  and  a  half  cents, 
for  every  hundred  words  contained  in  such  written  evidence  of  their 
claim ;  and  if  such  person  shall  neglect  to  deliver  such  notice  in  writing, 
of  his  claim,  together  with  a  plot  as  aforesaid,  or  cause  to  be  recorded 
such  written  evidence  of  the  same,  all  his  right,  so  far  as  the  same  is 
derived  from  the  above-mentioned  articles  of  agreement,  or  from  the 
three  first  sections  of  this  act,  shall  become  void,  and  for  ever  thereafter 
be  barred ;  nor  shall  any  grant,  order  of  survey,  deed,  conveyance,  or 
other  written  evidence,  which  shall  not  be  recorded  as  above  directed, 
ever  afler  be  considered  or  admitted  as  evidence  in  any  court  in  the 
United  States,  against  any  grant  derived  fi'om  the  United  States. 

Sec.  6.  And  be  it  further  enacted.  That  the  register  of  the  land- 
office  in  Adams  county,  and  two  other  persons  who  shall  be  appointed 
by  the  President  of  the  United  States  alone,  shall  for  the  lands  lying 
west  of  Pearl  river,  and  the  register  of  the  land-office  of  Washington 
county,  together  with  two  other  persons  who  shall  be  appointed  by  the 
President  of  the  United  States  alone,  shall  for  the  lands  lying  east  of 
Pearl  river,  respectively  be  commissioners,  for  the  purpose  of  ascertain- 
ing the  rights  of  persons  claiming  the  benefit  of  the  articles  of  agreement 
and  cession  between  the  United  States  and  the  state  of  Georgia,  or  of 
the  three  first  sections  of  this  act ;  and  the  said  commissioners  shall, 
previous  to  entering  on  the  duties  of  their  appointment,  respectively 
take  and  subscribe  the  following  oath  or  affirmation,  before  some  person 
qualified  to  administer  the  same:  "I  do  solemnly  swear 

(or  affirm)  that  I  will  impartiaUy  exercise  and  discharge  the  duties  im- 


SEVENTH  CONGRESS.    Sess.  II.  Cu.  27.     1803. 


231 


pooed  upon  me,  by  an  act  of  Congress,  intituled 'An  act  regulating  the 
grants  of  land  and  providing  for  the  disposal  of  the  lands  of  the  United 
States  south  of  the  state  of  Tennessee/  to  the  best  of  my  skill  and 
judgment."  And  it  shall  be  the  duty  of  the  said  commissioners  to 
meet  in  the  county  of  Adams,  and  in  Washington  county  aforesaid, 
respectively,  on  or  before  the  first  day  of  December  next,  and  they  shall 
not  adjourn  to  any  other  place,  or  for  a  longer  time  than  three  days, 
until  the  first  day  of  April,  one  thousand  eight  hundred  and  four,  and 
until  they  shall  have  completed  the  business  of  their  appointment.  And 
each  board,  or  a  majority  of  each  board,  shall,  in  their  respective  dis- 
tricts, have  power  to  hear  and  decide  in  a  summary  manner,  all  matters 
respecting  such  claims,  also  to  administer  oaths  and  examine  witnesses, 
and  such  other  testimony  as  may  be  adduced,  and  to  determine  thereon 
according  to  justice  and  equity;  which  determination,  so  far  as  relates 
to  any  rights  derived  from  the  articles  of  agreement  above  mentioned, 
or  from  Uie  three  first  sections  of  this  act,  shall  be  final ;  and  for  the 
safe  keeping  of  the  papers  and  evidence  produced  and  recording  their 
proceedings,  the  said  boards,  respectively,  shall  have  power  to  appoint  a 
clerk,  whose  duty  it  shall  be  to  enter  in  a  book  to  be  kept  for  that  pur- 
pose, perfect  and  correct  minutes  of  the  proceedings,  decisions,  meetings 
and  adjournments  of  the  boards,  together  with  the  evidence  on  which 
such  decisions  are  made ;  which  books  and  papers,on  the  dissolution  of 
the  boards,shall  be  transmitted  to,  and  lodged  in  the  office  of  the  Secre- 
tary of  State;  and  on  or  before  such  clerk's  entering  on  the  duties  of 
his  office,  he  shall  take  and  subscribe  the  following  oath  or  affirmation, 
to  wit :  "  I  do  solemnly  swear  (or  affirm  as  the  case 

may  be^  that  I  will  truly  and  faithfully  enter  and  record  all  minutes, 
proceedings  and  decisions  of  the  board  of  commissioners  for  the  county 
of  appointed  under  and  by  virtue  of  an  act  of  the  United 

States,  intituled  'An  act  regulating  the  grants  of  land,  and  providing 
for  the  disposal  of  the  lands  of  the  United  States,  south  of  the  state  of 
Tennessee,'  and  well  and  faithfully  do  and  perform  all  other  acts  and 
things  in  the  said  act  pointed  out  as  the  duty  of  a  clerk  of  the  said 
board,"  which  oath  shall  be  entered  on  the  minutes  of  the  board;  and 
when  it  shall  appear  to  them  that  the  claimant  is  entitled  to  a  tract  of 
land  under  the  articles  of  agreement  and  cession  with  Georgia  aforesaid, 
in  virtue  of  a  British  or  Spanish  grant  legally  and  fully  executed,  they 
shall  give  a  certificate  thereof,  describing  the  tract  of  land  and  the  grant, 
and  stating  that  the  claimant  is  confirmed  in  his  title  thereto  by  virtue 
of  the  said  articles ;  which  certificate,  being  recorded  by  the  register  of 
the  land-office,  whose  duty  it  shall  be  to  record  the  same  in  a  bcHok  to  be 
kept  by  him  for  that  purpose,  shall  amount  to  a  relinquishment  for  ever, 
on  the  part  of  the  United  States  to  any  claim  whatever  to  such  tract  of 
land:  and  when  it  shall  appear  to  the  said  commissioners  that  the  claim- 
ant is  entitled  to  a  tract  of  land  by  virtue  of  a  settlement  under  the 
Bourbon  act  of  Georgia,  recognized  in  the  said  articles  of  agreement 
and  cession,  or  of  either  of  the  two  first  sections  of  this  act,  they  shall 
give  a  certificate  thereof,  stating  the  circumstanced  of  the  case,  and  that 
the  claimant  is  entitled  to  receive  a  patent  for  such  a  tract  of  land  by 
virtue  of  this  act,  which  certificate  being  duly  entered  with  the  register 
of  the  land-office,  on  or  before  the  first  day  of  January,  eighteen  hun- 
dred and  five,  shall  entitle  the  party  to  a  patent  for  the  said  tract,  which 
shall  issue  in  like  manner  as  is  provided  by  this  act  for  the  other  lands 
of  the  United  States,  without  the  party  paying  any  thing  therefor,  except 
the  surveying  expenses  and  the  fees  of  office.  And  when  it  shall  appear 
to  the  said  commissioners  that  the  claimant  is  entitled  to  a  right  of 
pre-emption  by  virtue  of  the  third  section  of  this  act,  they  shall  give  a 
certificate  thereof,  directed  to  the  register  of  the  land-office;  which 
certificate  being  duly  entered  with  the  register  of  the  land-office,  on  or 


Datiei. 


Powers. 

The  detenni- 
nation  of  the 
board  to  be  final. 


Appointment 
ofclerka. 

Dutiea. 

Papers,  &c.  on 
dissolution     of 
the  boards  to  be 
lodged  in  the 
Secretary  of 
Bute's  office. 

Oath  or  aflir. 
mation  of  the 
clerk. 


Titles,  when 
to  be  granted, 
and  how,— >un- 
derthe  Georgia 
cession. 


A    certificate 
to  be  given. 


Under  the 
Bourbon  act  of 
the     state     of 
Georgia. 

Certificate  to 
be  returned  be- 
fore January  1, 
1806,  which 
shall  entiUe  the 
party  to  a  pa- 
tent. 

Ri^ht  of  pfm 
emption. 


232 


SEVENTH  CONGRESS.    Sess.  II.  Cu.  27.    1803. 


Proviso  that 
receipU  for  par- 
chase  monejr  bo 
prodaced. 


Proviso. 

Reference  to 
be  made  to  ad- 
verse claims. 


Clerk  to  re- 
ceive two  dol- 
lars for  every 
certificate. 

Commission- 
ers shall  report 
to  the  Secretary 
of  the  Treasury. 


Report  to  be 
laid  before  Con- 
gress. 

Unconfirmed 
claims  provided 
for. 


Proviso,  that 
no  claims  shall 
be  embraced  by 
the  appropria- 
tion in  this  act 
which  have  not 
been  presented 
beforo  the  first 
of  January, 
1804. 


before  the  first  day  of  January,  eighteen  hundred  and  five,  shall  entitle 
the  party  to  become  a  purchaser  of  such  tract  of  land :  Provided^  that 
he  shall,  prior  to  the  first  day  of  January,  eighteen  hundred  and  six,  also 
produce  a  receipt  fi-om  the  treasurer  of  the  United  States,  or  from  the 
receiver  of  public  monies,  for  at  least  one  fourth  part  of  the  purchase 
money,  and  also  for  the  payment  of  the  surveying  expenses;  and  the 
party  shall,  upon  payment  in  full  of  the  purchase  money,  on  which,  if 
any  of  the  three  last  payments  shall  be  made  in  advance,  he  shall  be 
allowed  the  same  discount  allowed  in  similar  cases  by  this  act,  be  enti- 
tled to  receive  a  patent,  which  shaU  issue  in  like  manner,  and  on  payment 
of  the  same  fees  as  are  provided  by  this  act  for  the  other  lands  of  the 
United  States;  but  if  such  person  shall  neglect  to  enter  his  certificate, 
on  or  before  the  first  day  of  January,  eighteen  hundred  and  five,  or  to 
make  such  first  payment  as  above  provided ;  his  right  of  pre-emption 
shall  cease  and  become  void :  Provided  also,  and  it  is  jurther  enacted, 
that  whenever  a  tract  of  land  to  which  any  person  might  be  entitled  by 
virtue  of  the  three  first  sections  of  this  act,  shall  also  be  claimed  by  tho^ 
holder  of  a  British  patent,  legally  and  fully  executed,  and  duly  recorded 
in  conformity  to  the  provisions  of  this  act,  who  is  not  confirmed  in  his 
claim  by  the  articles  of  agreement  above  mentioned,  the  commissioners 
shall,  in  the  certificate  granted  to  the  person  claiming  the  land  by  virtue 
of  this  act,  state  the  existence  of  the  adverse  claims,  in  which  case  the 
party  shall  not  be  entitled  to  a  patent,  unless  he  shall  have  obtained  in 
his  favour  a  judicial  decision  in  a  court  having  jurisdiction  therein,  and 
for  every  certificate  so  granted  by  the  boards  respectively,  the  clerk  of 
the  board  granting  the  same,  shall  be  entitled  to  demand  and  receive  of 
the  party  to  whom  the  same  is  granted,  the  sum  of  two  dollars. 

Sec.  7.  And  he  it  further  enacted.  That  the  commissioners  aforesaid 
shall,  on  or  before  the  first  day  of  December,  one  thousand  eight  hun- 
dred and  four,  make  to  the  Secretary  of  the  Treasury,  a  full  report  of 
all  the  British  grants  legally  and  fully  executed,  which  have  been  duly 
recorded  in  conformity  to  the  provisions  of  this  act,  the  title  of  which  is 
not  confirmed  to  the  holders  thereof,  by  the  articles  of  agreement  above 
mentioned,  stating  the  present  situation  ef  the  lands,  the  date  of  such 
grants,  the  conditions  annexed  thereto,  and  how  far  the  same  have  been 
fulfilled,  together  with  such  other  remarks  thereon  as  they  may  think 
proper ;  which  report  shall  be  laid  before  Congress  at  their  next  session, 
and  the  lands  contained  in  such  grants  shall  not  be  otherwise  disposed 
of,  until  the  end  of  one  year  after  that  time. 

Sec.  8.  And  be  it  further  enacted,  That  so  much  of  the  five  millions 
of  acres  reserved  for  that  purpose  by  the  articles  of  agreement  above 
mentioned,  as  may  be  necessary  to  satisfy  the  claims  not  confirmed  by 
that  agreement,  which  are  embraced  by  the  two  first  sections  of  this  act, 
or  which  may  be  derived  from  British  grants  for  lands  which  have  not 
been  regranted  by  the  Spanish  government,  be,  and  the  same  is  hereby 
appropriated  for  that  purpose;  and  so  much  of  the  residue  of  the  said 
five  millions  of  acres  or  of  the  nett  proceeds  thereof  as  may  be  neces- 
sary for  that  purpose,  shall  be,  and  is  hereby  appropriated,  for  the  pur- 
pose of  satisfying,  quieting  and  compensating,  for  such  other  claims  to 
the  lands  of  the  United  States  south  of  the  state  of  Tennessee,  not 
recognized  in  the  above-mentioned  articles  of  agreement,  and  which  are 
derived  from  any  act  or  pretended  act  of  the  state  of  Georgia,  which 
Congress  may  hereafter  think  fit  to  provide  for;  provided, however,  that 
no  other  claims  shall  be  embraced  by  this  appropriation,  but  those,  the 
evidence  of  which  shall  have,  on  or  before  the  first  day  of  January  next, 
been  exhibited  by  the  claimants  to  the  Secretary  of  State,  and  recorded 
in  books  to  be  kept  in  his  office  for  that  purpose,  at  the  expense  of  the 
party  exhibiting  the  same,  who  shall  pay  to  the  person  employed  by  the 
Secretary  of  State  for  recording  the  same,  at  the  rate  of  twelve  and  an 


SEVENTH  CONGRESS.    Sess.  II.  Ch.  27.     1803. 


233 


half  cents  for  every  hundred  words  contained  in  each  document  thus 
recorded ;  nor  shaU  any  grant,  deed,  conveyance,  or  other  written  evi- 
dence of  any  claim  to  the  said  lands,  derived,  or  pretended  to  be  derived 
from  the  state  of  Georgia,  and  not  reco^ized  by  the  above  mentioned 
articles  of  agreement,  ever  after  be  admitted  or  considered  as  evidence 
in  any  of  the  courts  of  the  United  States,  unless  it  shall  have  been 
exhibited,  and  recorded,  in  the  manner  and  within  the  time  above  men- 
tioned ;  and  provided  also,  that  nothing  herein  contained,  shall  be  con- 
strued to  recognize  or  affect  the  claims  of  any  person  or  persons,  to  any 
of  the  lands  above  mentioned ;  and  provided  also,  that  no  certificate 
shall  be  granted  for  lands  lying  east  of  the  Tombiffby  river,  nor  for 
lands  situated  without  the  boundary  lines  established  hy  treaty  between 
the  United  States  and  the  Ghoctaws,  made  the  seventeenth  day  of 
October,  in  the  year  eighteen  hundred  and  two. 

Ssc.  9.  And  be  ii  fitrther  enacted.  That  the  Secretary  of  State,  the 
Secretary  of  the  Treasury  and  the  Attorney-General  for  the  time  bein^, 
be,  and  are  hereby  authorized  and  empowered  to  receive  such  proposi- 
tions of  compromise  and  settlement,  as  may  be  offered  by  the  several 
companies,  or  persons  claiming  public  lands  in  the  territory  of  the 
United  States,  lying  south  of  the  state  of  Tennessee,  and  west  of  the 
state  of  Georgia ;  and  report  their  opinion  thereon  to  Congress  at  their 
next  session. 

Sec.  10.  And  he  it  further  enacted,  That  a  surveyor  of  the  lands  of 
the  United  States,  south  of  the  state  of  Tennessee,  shall  be  appointed, 
whose  duty  it  shall  be  to  engage  a  sufficient  number  of  skilful  surveyors 
as  his  deputies,  and  to  cause  the  lands  above  mentioned,  to  which  the 
titles  of  the  Indian  tribes  have  been  extinguished,  to  be  surveyed  and 
divided  in  the  manner  hereafter  directed,  and  to  do  and  perform  all 
such  other  acts,  in  relation  to  the  said  lands,  as  the  surveyor-general  is 
authorized  and  directed  to  do  in  relation  to  the  lands  lyinff  northwest 
of  the  river  Ohio,  and  above  the  mouth  of  the  river  Kentucky. 

Sec.  11.  And  be  it  further  enacted.  That  the  lands  for  which  certifi- 
cates of  any  description  whatever,  shall  have  been  granted  by  the  com- 
missioners in  pursuance  of  the  provisions  of  this  act,  shall,  as  soon  as 
may  be,  be  surveyed  under  the  direction  of  the  surveyor  of  the  lands 
of  the  United  States  above  mentioned,  in  conformity  to  the  true  tenor 
and  intent  of  such  certificates ;  and  the  said  surveyor  shall  also  cause 
all  the  other  lands  of  the  United  States,  in  the  Mississippi  territory,  to 
which  the  Indian  title  has  been  extinguished,  to  be  surveyed  as  far  as 
practicable,  into  townships,  and  subdivided  into  half  sections,  in  the 
m&ftner  provided  for  the  surveying  of  the  lands  of  the  United  States, 
situate  northwest  of  the  river  Ohio,  and  above  the  mouth  of  the  Kentucky 
river,  and  shall  transmit  to  the  registers  of  the  land-offices  respectively, 
genera]  and  particular  plots  of  all  the  lands  surveyed  as  aforesaid,  and 
shall  also  forward  copies  of  the  said  plots  to  the  Secretary  of  the  Trea- 
sury ;  and  he  shall  also,  with  the  approbation  of  the  said  secretary,  fix 
the  compensation  of  the  deputy  surveyors,  chain  carriers,  and  axe  men : 
Provided,  that  the  whole  expense  of  surveying  and  marking  the  lines 
shall  not  exceed  four  dollars  for  every  mile  that  shall  be  actually  run, 
surveyed  and  marked:  And  provided,  that  the  expense  of  surveying 
those  tracts  of  land,  to  which  the  title  of  the  claimants  is  confirmed  by 
the  articles  of  agreement,  or  by  the  two  first  sections  of  this  act,  and 
those  tracts  claimed  under  British  grants,  a  return  of  which  is  to  be 
mad.e  to  Congress,  shall  not  be  advanced  by  the  United  States,  but  shall 
be  paid  to  the  deputy  surveyor  by  the  parties  claiming  the  same ;  and 
that  in  relation  to  all  the  land  sold  by  the  United  States,  the  purchaser 
shall  make  the  same  payment  for  surveying  expenses,  which  is  directed 
by  law  to  be  made  for  lands  sold  north  of  &e  river  Ohio. 

Sbc.  12.  And  be  it  further  enacted,  That  all  the  lands  aforesaid,  not 
Vol.  II.— 30  V  2 


Feef   on  re- 
cording. 

No  grant, 
deed  or  conveyo 
ance  from  the 
Btate  of  Georgia 
to  be  evidence 
unleaa  record- 
ed. 

Claimi  not  re- 
cognised. 


Authority 
given  to  receive 
propotitiona  of 
compromise. 


Land  a urveyor 
aouth  of  Ten- 
netaee  appoint- 
edy  who  ihall 
engage  depu- 
ties. 

Dutiea. 


Further  duties 
of  the  surveyor. 


Other  landa  in 
the  Miasissippi 
territory  to  bo 
aurveyed. 


Ezpentea  of 
aorveying. 


1800,  ch.  65. 


sai 


SEVENTH  CONGRESS.    Sess.  II.  Ch.  27.    1808. 


The  lands 
aforeuid  nnap. 
Atedtobe 


jjg-u. 


Under  tlw  di- 
rectioof  of  the 
goveraor,  sar- 
▼eyor  and  re- 
gister. 

Salee  to   re. 
main   open  for 
three    week* — 
then  private 
■alea,  by  whom, 

and  on  what 
terms. 


JPrOTiso. 

Lands  not  to 
be  sold  for  less 
than  two  dollars 
per  acre. 

Patent  fees. 


Proriso. 


Fees    of   the 
registers  of  the 
land- offices,  and 
receirers  of 
public  monies. 


Salary  of  the 
sorreyor, 

and  of  his  two 
clerks. 

Compensation 
of  the  commis- 
sioners. 


and   of  their 
clerks. 

Pay  of  the  sa- 
perintendents. 

Commissions 
of  the  surveyor, 
registers  of  the 
]and-offices,and 
receivers    of 
pnblic  monies. 


Otherwise  disposed  of,  or  excepted  by  virtue  of  the  preceding  sections 
of  this  act,  sha]I,  with  the  exception  of  the  section  number  sixteen, 
which  shall  be  reserved  in  each  township  for  the  support  of  schools 
within  the  same,  with  the  exception  also  of  thirty-six  sections  to  be 
located  in  one  body  by  the  Secretary  of  the  Treasury  for  the  use  of 
Jefferson  College,  and  also  with  the  exception  of  such  town  lots  not 
exceeding  two  in  the  town  of  Natchez,  and  of  such  an  outlot  adjoining 
the  same,  not  exceeding  thirty  acres,  as  may  be  the  property  of  the 
United  States,  to  be  located  by  the  governor  of  the  Mississippi  territory, 
for  the  use  of  the  said  college,  be  offered  for  sale  to  the  highest  bidder, 
under  the  direction  of  the  governor  of  the  Mississippi  territory,  of  the 
surveyor  of  the  lands  of  the  United  States,  above  mentioned,  and  of  the 
register  of  the  land-office  at  the  places  respectively,  where  the  land- 
offices  are  kept,  and  on  such  day  or  days  as  shall,  by  a  public  proclama- 
tion of  the  President  of  the  United  States,  be  designated  for  that  pur- 
pose. The  sales  shall  remain  open  at  each  place  for  three  weeks  and 
no  longer ;  and  all  lands,  other  than  the  section  number  sixteen,  remain- 
ing unsold  at  the  closing  of  the  public  sales,  may  be  disposed  of  at  pri- 
vate sale  by  the  registers  of  the  respective  land-offices  in  the  same 
manner,  under  the  same  regulations,  for  the  same  price,  and  on  the  same 
terms  and  conditions  as  is  provided  by  law,  for  the  sale  of  the  lands  of 
the  United  States,  north  of  the  river  Ohio,  by  an  act,  intituled  '*An  act 
to  amend  the  act  intituled.  An  act  providing  for  the  sale  of  the  lands  of 
the  United  States  in  the  territory  northwest  of  the  Ohio,  and  above  the 
mouth  of  Kentucky  river :"  Provided  always,  that  (he  lands  which  may 
be  sold  at  public  sale  by  virtue  of  this  act,  shall  not  be  sold  for  less  than 
two  dollars  per  acre,  and  shall  in  every  other  respect  be  sold  on  the 
same  terms  and  conditions  as  was  provided  for  the  lands  sold  at  public 
sale,  by  the  last-recited  act.  And  patents  shall  be  obtained  for  all  lands 
granted  or  sold  in  the  Mississippi  territory  in  the  same  manner  and  on 
payment  of  the  same  fees  as  is  provided  for  lands  sold  north  of  the  river 
Ohio,  by  the  said  last-recited  act :  Provided,  however,  that  evidences  of 
the  public  debt  of  the  United  States  shall  not  be  received  in  payment 
for  the  purchase  of  said  lands. 

Sec.  13.  And  be  it  fitrther  enacted.  That  the  registers  of  the  land- 
offices,  and  the  receivers  of  public  monies,  appointed  in  pursuance  of 
this  act,  shall  receive  the  same  fees  and  compensation  as  the  registers 
and  receivers  of  the  land-offices  north  of  the  river  Ohio,  and  the  regis- 
ters shall  also  be  entitled  to  receive  twenty-five  cents  for  entering  each 
certificate  granted  by  the  commissioners  above  mentioned.  The  sur- 
veyor of  the  lands  of  the  United  States,  appointed  in  pursuance  of  this 
act,  shall  receive  an  annual  compensation  of  fifteen  hundred  dollars,  and 
shall  be  allowed  not  exceeding  two  clerks,  whose  whole  compensation 
shall  not  exceed  one  thousand  dollars  per  annum.  The  commissioners 
appointed  to  ascertain  the  rights  of  persons  claiming  the  benefit  of  the 
articles  of  agreement  above  mentioned,  and  of  this  act  shall  receive  each 
a  compensation  of  two  thousand  dollars  for  the  whole  of  their  services, 
the  registers  of  the  land-offices  excepted,  v^ho  shall  receive  only  five 
hundred  dollars  each,  for  their  services  as  commissioners ;  the  clerks  of 
the  boards  of  commissioners  a  compensation  not  exceeding  seven  hun- 
dred and  fifty  dollars  each ;  and  the  superintendents  of  the  public  sales 
shall  receive  six  dollars  each,  for  each  day's  attendance  on  the  said  sales. 

Sec.  14.  And  be  it  fitrther  enacted.  That  the  President  of  the  United 
States  shall  have  full  power  to  appoint  and  commission  the  surveyor, 
registers  of  the  land-offices,  and  receivers  of  public  monies  above 
mentioned,  in  the  recess  of  Congress,  and  their  commissions  shall  con- 
tinue in  force  until  the  end  of  the  session  of  Congress  next  ensuing  such 
appointment. 

Sec.  15.  And  be  it  firther  enarted,ThRi  a  sum  not  exceeding  twenty 


SEVENTH  CONGRESS.    Sess.  II.  Ch.  28, 39.     1803. 


sas 


Ibousand  doIJars  be,  and  the  same  is  hereby  appropriated  for  the  pur- 
pose of  carrjing  this  act  into  effect ;  which  sum  shall  be  paid  out  of  any 
unappropriated  monies  in  the  treasury. 

Sec.  16.  And  be  it  further  enacted^  That  the  nett  proceeds  of  the 
lands  which  may  be  sold  by  virtue  of  this  act,  after  deducting  the  sur- 
veying expenses  and  other  expenses  incident  to  the  sale  thereof,  shall, 
and  the  same  are  hereby  appropriated  in  the  first  place,  towards  paying 
to  the  state  of  Georgia  a  sum  of  one  million  two  hundred  and  fifty  thou- 
sand dollars,  in  pursuance  of  the  articles  of  agreement  and  cession 
entered  into  between  the  United  States  and  that  state ;  and  the  Secre- 
tary of  the  Treasury  is  hereby  authorized  and  directed  to  pay  accord- 
ingly, and  from  time  to  time,  as  the  same  shall  be  received  in  the  trea- 
sury of  the  United  States,  so  much  of  the  said  nett  proceeds  as  wiU 
amount  to  the  said  sum  of  one  million  two  hundred  and  fifty  thousand 
dollars. 

8ec.  17.  And  be  it  further  enacted.  That  all  navigable  rivers  within 
the  territory  of  the  United  States,  south  of  the  state  of  Tennessee,  shall 
be  deemed  to  be  and  remain  public  highways. 

Approtsd,  March  3,  1803. 


Chap.  XXVlll.— ^«  Jd  ameermng  the  SaU  Sprtngt  (m  the  toaten  of  the  Wa. 

Saah  river. 

Be  it  enacted  6y  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled,  That  for  the  purpose 
of  procuring  articles  necessary  to  the  establishment  of  salt  works,  at  the 
springs  near  the  Wabash  river,  which  have  been  ceded  to  the  United 
States,  by  certain  Indian  tribes,  the  sum  of  three  thousand  dollars  be, 
and  the  same  is  hereby  appropriated,  to  be  paid  out  of  any  unappro- 
priated money  in  the  treasury,  and  under  the  direction  of  the  President 
of  the  United  States,  who  is  hereby  authorized  to  cause  the  said  springs 
lo  be  worked  at  the  expense  of  the  United  States ;  or,  if  he  shall  deem 
it  more  proper,  to  lease  the  same  for  a  term  not  exceeding  three  years, 
on  such  conditions  as  will  insure  the  working  the  same  most  extensively, 
and  to  the  most  advantage  to  the  United  States. 

Approved,  March  3, 1803. 


Chap.  XXIX.^-wfn  Jei  concerning  the  City  tf  WoikingUmm 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  ofAmeriea  in  Congress  assembled,  That  the  superintendent  of  the 
city  of  Washington  shall  be,  and  he  hereby  is  allowed  as  a  compensa- 
tion for  his  services,  a  salary  of  one  thousand  two  hundred  dollars, 
annually. 

Sec.  2.  And  be  it  jurther  enacted.  That  the  surveyor  of  the  city  shall 
receive  as  a  compensation  for  his  services,  an  allowance  of  three  dollars 
for  every  day  during  which  he  shall  be  actually  employed. 

Sec.  3.  And  be  it  fiirther  enacted.  That  the  following  sums  be,  and 
the  same  hereby  are  appropriated  for  defraying  the  expense  in  relation 
lo  the  said  officers,  that  is  to  say : 

For  the  salary  of  the  superintendent  for  the  year  one  thousand  eight 
hundred  and  three,  including  an  allowance  at  the  same  rate  for  six 
months  of  the  preceding  year,  one  thousand  eight  hundred  dollars. 

For  clerk  hire  in  his  office,  five  hundred  dollars. 

For  the  wages  of  the  surveyor,  one  thousand  dollars. 

For  a  messenger  to  both  offices,  and  also  to  attend  the  surveyor  in 
the  field,  two  hundred  dollars. 

For  foe],  stationery  and  other  contingent  expenses  of  both  offices,  two 
hundred  dollara. 


Appropriatioa 
for  toe  ezeco- 
tion  of  thif  act. 

Appropriation 
of  the  moniea 
anting  from  the 
aboTe  sales. 


Narif able  rir. 
era   soath   of 
Tennessee  to 
public. 


Statute  II. 

March  3, 180S. 

(Obsolete.] 
Salt  works  to 
be    established 
on  the  Wabaih 


1807,  ch.  46. 


Statute  II. 

March  3, 1803. 

[Obsolete.: 
Salary  of  the 
snperintendent. 


Allowance  to 
the  sunrejor. 


Sums   appro- 
priated. 


236 


SEVENTH  CONGRESS.    Sess.  U.  Cb.  30.     1803. 


To  be  paid  out 
ortheci^rondf. 


Appropriation 
from  the  trea- 
■orj. 


Statute  II. 
March  3, 1803. 


Act  of  April 
26, 1802,  ch.  90, 
rerired  and 
continued  in 
force   four 
weeks. 

Act  of  March 
19, 1804,  ch.  26. 
Act  of  March 
27, 1804,  ch.  61. 

Secretary  of 
War  to  isaue 
land  warrant*; 
when  and  to 
whom. 


1802,  ch.  30. 


Where  to  be 
located. 


1800,  ch.  13. 


Land  warrant* 
to  General  La 
Fajretle. 


1804,  ch.  61, 
tec.  14. 

Unappropria- 
ted lands  within 
the  militar  J 
tract ;    how    to 
be  ranrejed. 

Part  to  be  at. 


Sec.  4.  And  he  it  further  enacted^  That  the  several  appropriation? 
herein  before  made,  shall  be  paid  and  discharged  out  of  any  monies  in 
the  hands  of  the  said  superintendent  arising  out  of  the  city  funds. 

Sec.  5.  And  he  it  further  enacted,  That  a  sum  not  exceeding  fifty 
thousand  dollars  shall  be,  and  is  hereby  appropriated,  to  be  applied 
under  the  direction  of  the  President  of  the  United  States,  in  such  repairs 
or  alterations  in  the  Capitol  and  other  public  buildings  as  may  be  neces- 
sary for  the  accommodation  of  Congress  in  their  future  sessions,  and 
also  for  keeping  in  repair  the  highway  between  the  Capitol  and  other 
public  buildings;  which  simi  shall  be  paid  out  of  any  money  in  the 
treasury  of  the  United  States  not  otherwise  appropriated. 

Approved,  March  3, 1803. 


Chap.  XXX.-->tfn  jSet  to  revive  and  emUinue  in  foree^  an  act  in  addition  io  an 
act  intituUd  **An  act  in  addition  to  an  act  regutaling  the  grant§  cf  land  (^jpro- 
priated  for  Military  Services  and  for  the  &iety  rf  the  United  Brethren  for 
propagating  the  Gospel  among  the  Heathen^^^  and  for  other  purposes. 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  the  first  section  of  an 
act  in  addition  to  an  act  intituled  "An  act  in  addition  to  an  act  regu- 
lating the  grants  of  land  appropriated  for  military  services,  and  for  the 
society  of  the  United  Brethren  for  propagating  the  gospel  among  the 
heathen,"  approved  the  twenty-sixth  of  April,  eighteen  hundred  and  two, 
be,  and  the  same  is  hereby  revived  and  continued  in  force  until  the  first 
day  of  April  next 

Sec.  2.  And  he  it  further  enacted,  That  the  Secretary  of  War  be,  and 
he  hereby  is  authorized,  from  and  after  the  first  day  of  April  next,  to 
issue  warrants  for  military  bounty  lands  to  the  two  hundred  and  fifty- 
four  persons  who  have  exhibited  their  claims,  and  produced  satisfactory 
evidence  to  substantiate  the  same  to  the  Secretary  of  War,  in  pursuance 
of  the  act  of  the  twenty-sixth  of  April,  eighteen  hundred  and  two,  inti- 
tuled "An  act  in  addition  to  an  ac^  intituled  An  act  in  addition  to  an 
act  regulating  the  grants  of  land  appropriated  for  military  services,  and 
for  the  society  of  the  United  Brethren  for  propagating  the  gospel  among 
the  heathen." 

Sec.  3.  And  he  it  further  enacted.  That  the  holders  or  proprietors 
of  the  land  warrants  issued  by  virtue  of  the  preceding  section,  shall  and 
may  locate  their  respective  warrants  only,  on  any  unTocated  parts  of  the 
fifty  quarter  townships  and  the  fractional  quarter  townships  which  had 
been  reserved  for  original  holders,  by  virtue  of  the  fifth  section  of  an 
act  intituled  "An  act  in  addition  to  an  act  intituled  An  act  regulating 
the  grants  of  land  appropriated  for  military  services,  and  for  the  society 
of  the  United  Brethren  for  propagating  the  gospel  among  the  heathen." 

Sec.  4.  And  he  it  further  enacted.  That  the  Secretary  of  War  be, 
and  he  is  hereby  authorized  to  issue  land  warrants  to  Major  General 
La  Fayette,  for  eleven  thousand  five  hundred  twenty  acres,  which 
shall,  at  his  option,  be  located,  surveyed  and  patented,  in  conformity 
with  the  provisions  of  an  act  intituled  "An  act  regulating  the  grants  of 
land  appropriated  for  military  services,  and  for  the  society  of  the  Unite<^ 
Brethren  for  propagating  the  gospel  among  the  heathen,"  or  which  may 
be  received  acre  for  acre,  in  payment  for  any  of  the  lands  of  the  United 
States  north  of  the  river  Ohio,  and  above  the  mouth  of  Kentucky  river. 

Sec.  6.  And  he  it  further  enacted.  That  all  the  unappropriated  lands 
within  the  military  tract,  riiall  be  surveyed  into  half  sections,  in  the 
manner  directed  by  the  act  intituled  "An  act  to  amend  the  act  intituled 
An  act  providing  for  the  sale  of  the  lands  of  the  United  States  in  the 
territory  northwest  of  the  Ohio,  and  above  the  mouth  of  Kentucky 
river :"  and  that  so  much  of  the  said  lands  as  lie  west  of  the  eleventh 


SEVENTH  CONGRESS.    Sess.  II.  Ch.  31.     1803. 


237 


range  within  the  said  tract,  shall  be  attached  to,  and  made  a  part  of  the 
district  of  Chilicothe,  and  be  offered  for  sale  at  that  place,  under  the 
same  regulations  that  other  lands  are  within  the  said  district 

Sec.  6.  And  be  it  furtkir  enacted,  That  the  lands  within  the  said 
deventb  range,  and  east  of  it,  within  the  said  military  tract,  and  all  the 
lands  north  of  the  Ohio  company's  purchase,  west  of  the  seyen  first 
ranges,  and  east  of  the  district  of  Chilicothe,  shall  be  offered  for  sale 
at  Zanesville,  under  the  direction  of  a  register  of  the  land -office  and 
receiver  of  public  monies  to  be  appointed  for  that  purpose,  who  shall 
reside  at  that  place,  and  shall  perform  the  same  duties  and  be  allowed 
the  same  emoluments  as  are  prescribed  for  and  allowed  to  registers  and 
receivers  of  the  land-offices  by  law. 

Sec.  7.  And  he  itjwrlher  eneuied.  That  all  persons  who  have  obtained 
certificates  for  the  right  of  pre-emption  to  lands  by  virtue  of  two  acts, 
the  one  intituled  "An  act  giving  a  right  of  pre-emption  to  certain  per- 
sons who  have  contracted  with  John  Cleves  Symmes,  or  his  associates 
for  lands  lying  between  the  Miami  rivers  in  the  territory  of  the  United 
States  northwest  of  the  Ohio,"  and  the  other  "An  act  to  extend  and 
continue  the  provisions  of  the  said  act,  passed  on  the  first  day  of  May, 
eighteen  hundred  and  two,"  and  who  have  not  made  the  first  payment 
therefor,  before  the  first  day  of  January  last,  shaU  be  allowed  until  the 
tenth  day  of  April  next  to  complete  the  same ;  and  that  all  persons  who 
have  become  purchasers  of  land  by  virtue  of  the  aforesaid  acts,  be,  and 
tbey  are  hereby  allowed  until  the  first  day  of  January,  eighteen  hundred 
and  five,  to  make  the  second  instalment;  until  the  first  day  of  January, 
eighteen  hundred  and  six,  to  make  their  third  instalment;  and  until  the 
first  day  of  January,  eighteen  hundred  and  seven,  to  make  their  fourth 
and  last  instalment;  any  thing  in  the  acts  aforesaid,  to  the  contrary 
notwithstanding. 

Sec.  8.  And  be  it  fitrtker  enacted,  That  where  any  warrants  granted 
by  the  state  of  Virginia,  for  military  services,  have  been  surveyed  on  the 
northwest  side  of  the  river  Ohio,  between  the  Sciota  and  the  little  Miami 
rivers,  and  the  said  warrants,  or  the  plats  and  certificates  of  survey 
made  thereon,  have  been  lost  or  destroyed,  the  persons  entitled  to  the 
said  land  may  obtain  a  patent  therefor,  by  producing  a  certified  dupli- 
cate of  the  warrant  firom  the  land-office  of  Virginia,  or  of  the  plat  and 
certificate  of  survey  from  the  office  of  the  surveyor  in  which  the  same 
is  recorded,  and  giving  satisfactory  proof  to  the  Secretary  of  War,  by 
his  affidavit  or  otherwise,  of  the  loss  or  destruction  of  said  warrant,  or 
plat  and  certificate  of  survey. 

Approved,  March  3,  1803. 


tached  to  the 
dUtrict  of  Chi- 
licothe ;  and  for 
■ale. 

Certain  tracts 
for  sale. 


Where  to  be 
offered. 

Register  and 
receirer  ap- 
pointed. 

Duties  and 
compensation. 

PossesKors  of 
rights  of  pre- 
emption  under 
John  Cleves 
Symmes  and 
others  allowed 
further  time  of 
payment. 

1801,  ch.  23. 

1802,  ch.  44. 


Land  patents 
how  to  DC  ob. 
tained  when  the 
military  war. 
rants  are  lost  or 
destroyed. 


Statute  II. 


Chap.  XXXL— ^n  jSel  for  the  relief  of  Itmlvent  Debtors  within  the  District 

(f  Cblumbia, 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
Umied  Staies  of  America  in  Congress  assembled,  That  any  debtor  who 
now  is,  or  may  hereafter  be,  in  actual  confinement  in  jail,  in  the  district 
of  Columbia,  at  the  suit  of  any  creditor,  may  apply  by  petition  in  writing, 
to  any  one  of  the  judges  of  the  circuit  court  of  the  district  of  Columbia, 
and  offisr  to  deliver  up,  for  the  use  of  his  creditors,  all  his  property,  rea], 
personal  and  mixed,  to  which  he  is  in  any  manner  entitled,  a  schedule 
whereof,  on  oath  or  affirmation,  together  with  a  list  of  his  creditors,  as 
far  as  he  can  ascertain  them,  shall  be  annexed  to  and  exhibited  with  his 
petition ;  and  thereupon  the  said  judge  shall  direct  notice  of  such  appli- 
cation to  be  published  in  some  of  the  public  newspapers,  for  such  time 
as  he  may  think  proper,  which  notice  shall  likewise  require  the  attend- 
ance of  the  creditors  at  the  courthouse  of  the  county,  in  which  the 


March  3, 1803. 


Debtors  con- 
iined  in  the  jail 
of  the  district  of 
Columbia  may 
petition  for  re- 
lief. 

In  what  man- 
ner. 


Notice  to  be 
published  in  the 
public  newspa- 
pers. 


23d 


SEVENTH  CONGRESS.    Sbss.  II.  Ch.  3J.     1803. 


Oath  or  affir- 
mation of  an  in- 
■olvent  debtor. 


Truttee    ap- 
pointod. 


Who  iball  giT« 
bond  and  seea- 
rity. 


A  certified  co- 
py or  the  bond 
to  be  eridence. 


In    case    of 

death  or  refaaal 
to  act,  another 
appointed. 

The  petition, 
ing  debtor  dis- 
charged on  exe- 
cuting a  deed  or 
deeds  to  the 
traatee,  and  de- 
livering his  pro- 
perty with  hie 
books  and  pa- 
pers. 


ProTiso,  that 
no  person  who 
has  been  guilty 
of  a  breach  of 
the  laws  and  im. 
prisoned  there- 
for shall  be  die* 
charged  (rom 
such  imprison- 
ment. 

Wearing   ap- 
parelf    bmlding 
and  tools  of 
trade  allowed. 

Property  of  the 
debtor  how  sold. 


petitioning  debtor  is  confined,  and  at  such  time  as  the  said  judge  may 
appoint;  and  it  shall  be  the  duty  of  the  said  judge,  and  of  the  clerk, 
of  the  county,  to  attend  at  the  time  and  place  appointed ;  and  on  the 
appearance  of  the  creditors,  either  in  person  or  by  attorney,  agreeably 
to  the  notiBcation,  or  on  their  neglect  to  appear,  the  said  judge  shaJ] 
administer  to  the  debtor  the  following  oath :  *'  I,  A.  B.  do  swear  (or 
solemnly,  sincerely  and  truly  declare  and  affirm,)  that  I  will  deliver  up, 
convey  and  transfer,  for  the  use  of  my  creditors,  all  my  property  that  I 
have  any  title  to  or  claim  any  interest  in,  whether  in  possession,  re- 
mainder or  reversion ^  and  all  claims,  rights  and  credits  that  I  have  or 
am  in  any  manner  entitled  to ;  and  that  I  have  not  at  any  time  given, 
sold,  conveyed,  lessened  or  disposed  of  for  the  use  or  benefit  of  myself, 
or  any  other  person  or  persons,  any  part  of  my  money  or  other  property, 
claims,  rights  or  credits,  thereby  to  defraud  my  creditors,  or  any  of  them, 
or  to  secure  the  same  with  a  view  or  expectation  to  receive  any  profit, 
benefit  or  advantage  thereby,"  and  the  said  judge  shall  thereupon  appoint 
such  person,  as  a  majority  of  the  creditors  in  vsQue,  their  agents  or  attor- 
nies  then  present,  shall  recommend,  to  be  a  trustee,  for  the  benefit  of 
the  creditors  of  the  petitioning  debtor;  or  in  case  of  non-attendance  of 
the  creditors,  or  of  their  not  making  a  recommendation,  the  said  justice 
shall  name  such  person  as  he  shall  think  proper,  to  be  a  trustee  as 
aforesaid. 

Sec.  2.  And  be  it  further  enacted,  That  before  the  said  trustee  shall 
proceed  to  act,  he  shall  give  bond  to  the  United  States  in  such  penalty 
and  with  such  security  as  the  said  judge  shall  approve,  conditioned  for 
the  faithful  performance  of  his  trust,  which  shall  be  recorded  in  the 
clerk's  office  of  the  county  in  which  the  proceedings  are  had';  and  a 
certified  copy  thereof  shall  be  received  as  evidence  in  any  court  of  law 
in  the  United  States;  and  the  said  bond  may  be  sued  in  the  name  of 
the  United  States,  for  the  use  of  any  person  or  persons  who  may  con- 
ceive him  or  themselves  aggrieved  by  the  negligence  or  misconduct  of 
the  trustee.  And  in  case  of  the  death  or  refusal  to  act  of  any  trustee, 
the  said  judge  may  appoint  another  in  his  place,  who  shall  give  bond  in 
manner  as  aforesaid. 

Sec.  3.  Arid  be  itjurther  enacted.  That  upon  the  petitioning  debtor's 
executing  a  deed  or  deeds  to  the  said  trustee,  conveying  all  his  property, 
real,  personal  and  mixed,  and  all  his  claims,  rights  and  credits,  agreeably 
to  the  oath  or  affirmation  of  the  said  debtor,  and  on  delivering  all  his 
said  property  which  he  shall  have  in  his  possession,  together  with  his 
books,  papers  and  evidences  of  debts  of  every  kind,  to  the  said  trustee, 
and  the  said  trustee's  certifying  the  same  to  the  said  judge  in  writing, 
it  shall  be  lawful  for  the  said  judge  to  make  an  order  to  the  marshal, 
jailer  or  keeper  of  the  prison,  in  which  said  debtor  is  then  confined, 
commanding  that  the  said  debtor  shall  be  thenceforth  discharged  from 
his  imprisonment;  and  he  shall  be  immediately  discharged,  and  the 
said  order  shall  be  a  sufficient  warrant  therefor:  Pramded,  that  no 
person  who  has  been  guilty  of  a  breach  of  the  laws,  and  who  has  been 
imprisoned  for  or  on  account  of  the  same,  shall  be  discharged  firom  im- 
prisonment: And  provided  likewise,  that  any  property  which  the  debtor 
may  afterwards  acquire,  (except  the  necessary  wearing  apparel  and  bed- 
ding for  his  family,  and  his  tools,  if  a  mechanic  or  manufacturer,)  shaD 
be  liable  to  the  payment  of  his  debts,  any  thing  herein  to  the  contrary 
notwithstanding. 

Sec.  4.  And  be  it  further  enacted,  That  the  said  judge  may  allow 
such  petitioning  debtor  and  his  family,  to  retain  their  necessary  wearing 
apparel  and  bedding,  and  if  the  said  debtor  be  a  mechanic  or  manufM^ 
turer,  he  may  likewise  retain  the  tools  of  his  trade. 

Sec.  5.  And  be  it  further  enacted.  That  the  said  jud^  may  diract 
the  trustee  to  sell  and  convey  the  property  of  the  petitioniiig  dd>tor,  at 


SEVENTH  CONGRESS.    Sess.  II.  Ch.  31.     1803. 


239 


BQch  timey  and  on  such  terms  and  conditions  as  he  shall  deem  most  to 
the  advantage  of  the  creditors,  and  the  product  thereof,  afler  satisfying 
all  incumbrances  and  liens,  shall  be  divided  among  the  creditors  in  pro- 
portion to  their  respective  claims :  and  no  process  against  the  real  or 
personal  property  of  the  debtor  shall  have  any  effect  or  operation,  except 
process  of  execution,  and  attachments  in  the  nature  of  executions,  which 
shall  have  been  put  into  the  hands  of  the  marshal  antecedent  to  the  appli- 
cation. 

Sec.  6.  And  be  it  further  enacted,  That  every  trustee  may  sue  for,  in 
his  own  name,  any  property  or  chose  in  action  assigned  to  him  by 
Tirtue  of  this  act 

Sec.  7.  Aitd  be  it  further  enacted.  That  if  any  creditor,  at  any  time 
within  two  years  afler  the  application  of  such  debtor,  shall  allege  in  writr 
ing,  to  the  circuit  court  of  the  district  of  Columbia,  or  at  any  other 
court  of  the  United  States,  within  whose  jurisdiction  such  debtor  may 
be  found,  that  such  debtor  had  at  the  time  of  his  application  as  afore- 
said, directly  or  indirectly  conveyed,  lessened  or  disposed  of  any  part  of 
his  property,  rights  or  credits,  with  intent  to  defraud  his  creditors,  or 
had  at  any  one  time  within  twelve  months  next  preceding  said  applicar 
tioOy  lost  by  gaming  more  than  three  hundred  dollars,  or  had  assigned 
or  conveyed  any  part  of  his  property,  rights  or  credits,  with  intent  to 
give  a  preference  to  any  creditor  or  creditors,  or  any  surety,  the  said 
court  shall  thereupon  order  notice  of  such  allegation  to  be  given  in 
writing  to  the  debtor,  and  upon  his  appearance  before  them,  or  on  his 
neglect  to  appear,  after  proof  that  notice  has  been  served,  the  said  court 
shdJ,  within  a  reasonable  time,  examine  the  debtor  or  any  other  person, 
upon  interrogatories  on  oath,  touching  the  substance  of  the  said  allega- 
tions, or  may  direct  an  issue  or  issues  to  be  tried  in  a  summary  way, 
without  the  form  of  an  action,  to  determine  the  truth  of  the  same ;  and 
if  upon  the  answer  to  the  said  interrogatories,  or  upon  the  trial  of  the 
issue  or  issues,  such  debtor  shall  be  found  guilty  of  any  fraud  or  deceit 
towards  his  creditors,  w  of  having  lost  by  gaming  as  aforesaid,  or  of 
having  given  any  preference  as  aforesaid,  he  shall  be  precluded  from 
any  benefit  under  this  act ;  and  in  case  such  debtor,  or  any  other,  testi- 
fying either  for  or  against  him,  shall  at  any  time  thereafter  be  convicted 
of  falsely,  wilfully  and  corruptly  swearing  or  affirming  to  any  matter  or 
thing  in  virtue  of  this  act,  he  shall  suffer  as  in  the  case  of  wilful  pegury, 
and  upon  such  conviction  of  the  debtor,  or  any  other  person  testifying 
for  him,  he  shall  be  for  ever  precluded  from  any  benefit  under  this  act. 

Sec.  8.  And  be  it  further  enacted.  That  every  judge  charged  with 
the  execution  of  this  act,  may,  in  the  respective  cases  which  may  be 
brought  before  him,  allow  the  trustee  a  commission  not  exceeding  eight 
per  centum  for  hb  trouble,  on  the  amount  of  debts  paid  by  him ;  and 
if  any  complaint  shall  be  made  to  the  said  judge  of  the  misconduct  of 
any  trustee  by  any  creditor,  or  by  the  debtor,  the  said  judge  may  call 
such  trustee  before  them,  and  inquire  into  the  cause  of  complaint,  and 
may  make  such  rules  and  orders  as  he  may  think  proper  for  the  accom- 
plishment of  the  object  of  the  trust,  and  may  in  his  discretion  remove 
such  trustee  and  appoint  another  in  his  place. 

Sec.  9.  And  be  it  further  enacted.  That  the  acting  judge  may  by 
order,  limit  and  appoint  a  time  for  creditors  to  bring  in  and  exhibit  their 
claims  to  the  trustee,  and  if  the  said  trustee  should  think  proper  to  con- 
test any  claim  exhibited  a^rainst  the  debtor,  it  shall  be  his  duty  to  report 
the  same  to  the  judge  having  cognizance  of  the  case,  who  may  examine 
the  creditor  and  debtor  upon  oath  respecting  the  same,  and  may  submit 
to  a  jury,  such  issues  as  shall  be  proper  to  settle  the  points  in  contest, 
or  may  appoint  two  indifferent  persons  to  act  as  arbitrators  between  the 
parties,  with  a  power,  if  they  differ,  to  choose  an  umpire,  and  a  decision 
thus  made  shall  be  final  between  the  parties ;  and  the  said  justice  may 


Prodaet  there- 
of how  divided. 


What  procera 
only  can  take 
effect. 


Trustee  niay 
■ae  in  his  own 


Fraud  or  de- 
ceit towards 
creditor*. 


Debtor  gaming 
to  a  certain  ex- 
tent. 


To  be  pre. 
eluded  from  the 
benefit  of  thia 
act. 


False  testi. 
mony  or  corrupt 
swearing  or  af- 
firming. 

How  pnniah- 
ed. 

Trustee  al- 
lowed a  com- 
mission. 


Trustee  may 
be  superseded 
for  misconduct. 


Exhibition  of 
claims  to  the 
trustee. 

Contested 
claims  how 
settled. 


d40 


SEVENTH  CONGRESS.    Sess.  II.  Ch.  31.     1803. 


ProTUion  for 
eoDteftad 


CoUoflion  for- 
feits the  debt. 


Debtor  urett- 
ed  after  being 
relieved,  how  to 
be  discharged, 
and  in   what 


The  judge 
shall  lodge  with 
the  clerk  of  the 
county  the 


certificate 
discharge. 


of 


Copy  of  the 
recorded  certiS. 
eate  CTidence  in 
law. 

Unfinished 
acU  of  a  judge 
how  completed. 


What  papers 
are  to  be  record- 
ed by  the  county 
clerk. 


Copies  of  the 
record  legal  eW- 
denco. 

Clerk's  fees, 
how  payable. 

Limitation  to 
the  effect  of  this 
discharge. 


Circuit  court 
shall  determine 
the  allowance 
of  prisoners  in 
civil  suits. 


Who  shall  not 
be  detained  un- 


order any  part  of  the  debtor's  estate  to  be  set  apart,  and  reUined  foi 
the  eventual  satisfaction  of  any  contested  claim,  or  to  be  brought  again 
into  distribution ;  and  if  any  creditor  to  whom  a  debt  is  due,  shall  collude 
with  a  debtor  to  gain  an  undue  preference,  or  for  the  concealment  of 
any  part  of  the  debtor's  estate  or  effects,  or  shall  contrive  or  concert  any 
acknowled^ent  of  the  debtor  by  pard,  or  in  writing,  to  give  false 
colour  to  his  claim,  such  creditor  shall  lose  the  whde  of  his  debt 

Sec.  10.  Andheit  [further]  enacted,  That  if  any  debtor  who  shall  have 
been  relieved  under  this  act,  shall  be  arrested  or  imprisoned  on  any 
process  sued  out  on  apy  judgment  or  decree,  obtained  against  him  for 
any  debt,  damages,  or  costs  contracted,  owing  or  growing  due  before 
his  discharge  as  aforesaid,  the  court  before  whom  such  process  shall  be 
returned  or  returnable,  or  any  judge  thereof,  shall  discharge  such  debtor ; 
and  if  any  such  debtor  shall  be  arrested  or  imprisoned  on  any  process 
for  the  recovery  of  any  debt,  damages,  or  costs  contracted,  owing  or 
growing  due  before  his  discharge  as  aforesaid,  the  court  before  whom 
such  process  shall  be  returned,  or  returnable,  or  any  judge  thereof,  shall 
discharge  such  debtor  out  of  custody,  on  his  common  appearance  being 
entered,  without  special  bail :  Prmnded,  and  it  is  the  true  intent  and 
meaning  of  this  act,  that  no  discharge  whatever  under  this  act  shall  be 
construed  or  taken  as  a  discbarge  of  any  other  person  from  any  debt, 
contract  or  engagement  of  any  kind  or  nature  soever. 

Sec.  11.  Jbia  he  it  further  enacted.  That  when  the  acting  judge 
shall,  as  above  prescribed,  give  to  the  marshal  an  order  for  the  discharge 
of  a  debtor,  it  shall  be  the  duty  of  the  said  judge  to  lodge  with  the  clerk 
of  the  county  in  which  the  discharge  shull  take  place,  a  certificate  in 
the  following  words,  to  wit.  ^<I  do  hereby  certify,  that  I  have  this  day 
ordered  the  marshal  of  the  district  of  Columbia,  to  discharge  from  im- 
prisonment A.  B.  an  insolvent  debtor,  agreeably  to^he  act  of  the  Con- 
gress of  the  United  States,  intituled  'An  act  for  the  relief  of  insolvent 
debtors  within  the  district  of  Columbia,'"  which  said  certificate  shall  be 
recorded  by  the  said  clerk,  and  a  copy  thereof  under  seal,  shall  be 
received  in  evidence,  in  any  court  of  law  in  the  United  States. 

Sec.  12.  And  he  it  further  enacted,  That  if  any  judge  before  whom 
the  operation  of  this  act  in  any  particular  case  shaU  have  been  com- 
menced, shall  die,  resign  his  ofiice  or  become  disqualified,  the  proceed- 
ings may  be  completed  by  any  other  judge  of  the  said  court,  in  the  same 
manner  as  if  they  had  been  originally  commenced  before  him. 

Sec.  13.  And  he  it  further  enacted,  That  the  application  of  the 
debtor,  the  appointment  of  a  trustee,  the  deed  fi'om  the  debtor  to  the 
trustee,  the  several  claims  exhibited  to  tfie  trustee,  and  the  amount  of 
sales  of  the  debtor's  property  shall  be  transmitted  to  and  recorded  by 
the  clerk  of  the  county  in  which  the  debtor  was  confined  at  the  time  of 
his  application ;  copies  of  which,  under  seal,  shall  be  received  as  evi- 
dence in  akiy  court  of  law  in  the  United  States,  and  the  derk  shall 
receive  the  same  fees  as  are  fixed  by  law  for  the  like  services  in  other 
cases,  to  be  paid  by  the  trustee  out  of  the  first  proceeds  of  tlie  debtor's 
estate  that  may  come  into  his  hands. 

Sec.  14.  And  be  it  further  enacted.  That  no  discharge  of  an  insol- 
vent debtor  under  this  act  shall  have  greater  effect  in  any  particular 
state  than  if  such  debtor  had  been  discharged  under  the  insolvent  debt- 
or's law  of  any  other  state. 

Sec.  16.  And  be  it  further  enacted.  That  the  circuit  court  of  the 
district  of  Columbia  shall,  by  a  general  order  to  be  entered  on  the 
records  of  the  said  court,  fix  the  daily  allowance  for  the  support  and 
maintenance  of  prisoners  in  execution  for  debt  or  damages  in  civil  suits, 
which  allowance  the  said  court  may,  by  a  like  general  order,  increase 
or  diminish  from  time  to  time,  as  circumstances  may  require.  And  no 
person  taken  in  execution  for  debt  or  damages  in  a  civil  suit,  shall  bo 


SEVENTH  CONGRESS.    Sess.  II.  Cu.  32.    1833. 


241 


detained  in  prison  therefor,  unless  the  creditor,  his  agent  or  attorney, 
shall,  after  demand  thereof  hy  the  marshal,  pay  or  give  such  security  as 
he  may  require,  to  pay  such  daily  allowance,  and  the  prison  fees :  Pr(h 
vided,  that  a  release  from  prison  for  want  of  such  payment  or  security, 
shall  not  discharge  the  deht ;  hut  the  body  of  the  debtor  shall  never  be 
again  taken  in  execution  therefor. 

Sec.  16.  And  he  it  Jurtker  tnactedy  That  the  said  court  may  cause 
to  be  marked  and  laid  out,  reasonable  bounds  of  the  prisons  in  the  said 
district,  to  be  recorded  in  the  same  court ;  and  from  time  to  time,  may 
renew,  enlarge,  or  diminish  the  same.  And  every  prisoner  not  com- 
mitted  for  treason  or  felony,  giving  such  security  to  keep  within  the 
said  bounds,  as  any  judge  of  the  said  court  shall  approve,  shall  have 
liberty  to  walk  therein,  out  of  the  prison,  for  the  preservation  of  his 
health;  and  keeping  continually  withm  the  said  bounds,  shall  be  adjudged 
in  law  a  true  prisoner. 

Sec.  17.  And  be  it  further  enacted,  That  the  provisions  of  this  act 
shall  not  be  construed  to  extend  to  any  debtor  who  is  or  shall  be  im- 
prisoned at  the  suit  of  the  United  States,  nor  to  alter,  lessen,  or  impair 
the  right  of  the  Unit^  States,  to  be  first  satisfied  out  of  the  estates  of 
persons  indebted  to  them ;  nor  to  any  debtor  who  has  not  resided  in 
the  district  of  Columbia  one  year  next  preceding  his  said  application. 

Approved,  March  3,  1803. 


Chap.  XXXII. — Jn  Jet  direeiing  a  detaehmerU  ^rom  the  Militia  of  the  United 
States^  and  for  erecting  certain  JlrsenaU, 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  Tnat  the  President  of  the 
United  States  be,  and  he  is  hereby  authorized,  whenever  he  shall  judge  it 
expedient,  to  require  of  the  executives  of  such  of  the  states  as  he  may 
deem  expedient,  and  firom  their  local  situation  shall  be  most  convenient, 
to  take  efiectual  measures  to  organize,  arm  and  equip,  according  to  law, 
and  hold  in  readiness  to  march  at  a  moment's  warning  a  detachment  of 
militia  not  exceeding  eighty  thousand,  officers  indud^. 

Sec.  2,  Be  it  further  enacted.  That  the  President  may,  if  he  judges 
it  expedient,  authorize  the  executives  of  the  several  states,  to  accept  as 
part  of  the  detachment  aforesaid,  any  corps  of  volunteers ;  who  shall 
engage  to  continue  in  service  for  such  time,  not  exceeding  twelve 
mon^  and  perform  such  services  as  shall  be  prescribed  by  law. 

Sec.  3.  Be  it  further  enacted,  That  the  detachments  of  militia  and 
Tolunteer  corps  as  aforesaid,  shall  be  officered  out  of  the  present  militia 
officers,  or  others,  at  the  option  and  discretion  of  the  constitutional 
anthority  in  each  state  respectively ;  the  President  of  the  United  States 
af^rtioning  the  general  officers  among  the  respective  states  as  he  may 
deem  proper. 

Sec.  4.  Be  it  further  enacted.  That  one  million  five  hundred  thousand 
dollars  be  appropriated  (or  paying  and  subsisting  such  part  of  the  troops 
aforesaid,  whose  actual  service  may  be  wanted;  for  the  purchase  of 
ordnance  and  other  military  stores;  and  for  defraying  such  other  ex- 
penses as,  during  the  recess  of  Congress,  the  President  may  deem  neces- 
sary for  the  security  of  the  territory  of  the  United  States;  to  be  applied 
under  the  direction  of  the  President,  out  of  any  money  in  the  treasury, 
not  otherwise  appropriated. 

Sec.  5.  And  be  it  further  enacted,  That  twenty-five  thousand  dol- 
lars be  appropriated  for  erecting,  at  such  place  or  places  on  the  western 
waters,  as  the  President  may  judge  most  proper,  one  or  more  arsenals; 
and  that  the  President  cause  the  same  to  be  furnished  with  such  arms, 
ammunition  and  military  stores  as  he  may  deem  necessary. 

Appboyed,  March  3, 1803. 

Vol.  II.— 31  X 


lesf  proTided 
for— 

With    priflOQ 
fees. 

Proviao. 


Priton  boondi 
in  the  diitrict. 


Liberty  of  th« 
priionera  und%r 
approved  secu- 
my. 


Publie  dobton 
and  noo-reti- 
dents  &  year, 
ezcladed  the 
proTisioni  of 
thii  act; 


Statvtb  II. 

March  3, 1803. 

[Repealed.] 

Act  of  April 
18, 1806,  ch.  32, 
■eo  7. 

President  an. 
thorised  to  or- 
der eighty  thou- 
•and  militia  in 
readineat. 

Act  of  March 
30, 1808,  ch.  33. 

Volanteen  for 
a  year  included. 

1812,  ch.  65. 


Appointment 
of  Officers. 


S[>ecific  ap- 
propriations. 


242 


SEVENTH  CONGRESS.    Sess.  U.  Ch.  33, 34, 35, 36,  37.    1803. 


flTATOTSlI. 

Harch  t,  1808. 


Altered  br  act 
or  1806,  eb.  13. 


1807.  ch.  16. 


Statute  IL 


Cbap.  XXXUh-^Jn  Act  to  aUtr  ike  Ume  of  holding  the  court  of  the  United  Stata 
in  ELtntueky  di$triet. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled,  That  from  and  after 
the  first  day  of  April  next,  the  sessions  of  the  court  of  the  United  States 
for  Kentucky  district  shall  commence  on  the  first  Mondays  in  March, 
July,  and  November  in  every  year;  any  law  to  the  oontnuy  notwith- 
standing. 

Sec.  2.  And  be  it  further  enacted.  That  all  suits,  process,  and  pro- 
ceedings of  what  nature  or  kind  soever,  pending  in,  or  made  returnable 
to  the  said  court,  shall,  after  the  said  first  day  of  April  next,  be  continued 
over  until  the  next  court  to  be  held  in  conformity  to  this  act 

Appboyeo,  March  2, 1803. 


Mtreh  3,  1S03.       Chap.  XXXIV. — An  Act  to  attar  the  time  for  the  next  meeting  tf  Oongreu. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  after  the  adjournment 
of  the  present  session,  the  next  meeting  of  Congress  shall  be  on  the  first 
Monday  of  November  next. 

Approved,  March  3,  1893. 


Statute  If. 
March  3, 180S 


ActofFebru. 
ary  18,  1801, 
ch.  6. 


Chap.  XXXV.^-wfn  Act  in  addition  to  the  act  intituled  **An  act  regulating  the 
grants  of  land  appropriaiedfor  the  rtfugeesfrom  the  Britith  provinces  of  Canada 
and  Nova  Scotia,^* 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  Samuel  Rogers,  one 
of  the  claimants  under  the  act  intituled  ''An  act  for  the  relief  of  the 
refugees  from  the  British  provinces  of  Qanada  and  Nova  Scotia,"  shall 
be  entitled  to  two  thousand  two  hundred  and  forty  acres  of  land,  to  be 
located  in  the  manner  and  within  the  boundaries  of  the  tract  designated 
by  the  act  to  which  this  act  is  a  supplement,  and  shall  receive  a  patent 
for  the  same  in  the  manner  directed  by  the  said  last-mentioned  act. 

Approved,  March  3, 1803. 


Statute  II. 

March  3,  1803. 

[Obtolele.] 
Act  or  April 
1,  1808,ch.  41. 
1812,  ch.  2. 


Statute  II. 
March  3,  1803. 

Act  of  April 
10, 1806.  ch.  26. 

Act  of  March 
8, 1819,  ch.  79. 

Act  or  May  1, 
1820,  ch.  61. 
Act  of  Mar  16, 
1820,  ch.  lOB. 

Peraona  enti- 
tled to  be  placed 
on  the  penaion 
list. 

ProTiao. 


Chap.  XXXVI.— ^n  Act  to  prolong  the  continuance  of  the  Mint  at  Philadelphia. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  the  act  intituled  "An  act 
concerning  the  mint,"  approved  March  3d,  1801,  is  hereby  continued  in 
force  and  operation  for  the  term  of  five  years  after  the  fourth  day  of 
March  next 

Approved,  March  3,  1803. 


Chap.  XXXVII.— wfn  Act  to  make  provision  for  persons  that  have  been  djsahled 
by  knoum  wounds  received  in  the  actual  service  of  the  United  States,  during  the 
Bevolutionary  war. 

Be  it  enacted  by  the  Senate  and  House  ofRepresentatives  of  the  United 
States  of  America  in  Congress  assembled,  That  any  commissioned  ofiicer, 
non-commissioned  officer,  soldier,  or  seaman,  disabled  in  the  actual  ser- 
vice of  the  United  States,  by  v^ounds  received  during  the  revolutionary 
war,  and  who  did  not  desert  the  said  service,  shall  be  entitled  to  be 
placed  on  the  pension  list  of  the  United  States  during  life :  Provided, 
that,  in  substantiating  the  claims  thereto,  the  rules  and  regulations  fol- 
lowing, shall  be  complied  with : 

First.  All  evidence  shall  be  taken  on  oath  or  affirmation  before  the 


SEVENTH  CONGRESS.    Sess.  II.  Cu.  99.     1803. 


243 


judge  of  the  district  in  which  sach  invalid  resides,  or  before  some  per- 
son specially  authorized  by  commission  from  the  said  judge. 

Secondly.  The  evidence  relative  to  any  claimant,  must  prove  decisive 
disability  to  have  been  the  effect  of  known  wounds  received  while  in 
the  actual  line  of  his  duty,  in  the  service  of  the  United  States,  during 
the  revolutionary  war :  that  this  evidence  must  be  the  affidavits  of  the 
commanding  officer  or  surgeon  of  the  ship,  regiment,  corps,  or  company 
iQ  which  such  claimant  served,  or  two  other  credible  witnesses  to  the 
same  effect,  setting  forth  the  time  and  place  of  such  known  wound. 

Thirdly.  Every  claimant  shall  be  examined  on  oath  or  affirmation,  by 
some  reqiectable  physician  or  surgeon,  to  be  authorized  by  commission 
from  the  said  judge,  who  shall  report  in  writing  his  opinion,  upon  oath 
or  affirmation,  of  the  nature  of  said  disability,  and  in  what  degree  it  pre- 
vents the  claimant  from  obtaining  his  livelihood. 

Fourthly.  Every  claimant  must  produce  evidence  of  his  having  con- 
tinued in  the  service  of  the  United  States,  to  the  conclusion  of  the  war 
in  seventeen  hundred  and  eighty-three,  or  being  left  out  of  the  service 
in  consequence  of  his  disabuity,  or  in  consequence  of  some  derange- 
ment of  the  army,  and  of  the  mode  of  life  or  employment  he  has  since 
followed,  and  of  the  original  existence  and  continuance  of  his  disability. 

Fifthly.  Every  claimant  must  show  satisfactory  cause  to  the  said  judge 
of  the  district,  why  he  did  not  apply  for  a  pension  in  conformity  to  laws 
heretofore  passed,  before  the  expiration  of  the  limitation  thereof. 

Sac.  2.  And  be  it  Jvrther  enacted.  That  the  said  judge  of  the  district 
or  person  by  him  commissioned  as  aforesaid,  shall  give  to  each  claimant 
a  transcript  of  the  evidence  and  proceedings  had,  respecting  his  claim ; 
and  shall  also  transmit  a  list  of  such  claims,  accompanied  by  the  evi- 
dence herein  directed,  to  the  secretary  of  Uie  department  of  war,  in 
order  that  the  same  mav  be  examined,  and  if  correct,  agreeably  to  the 
intent  and  meanin^r  of  this  act,  the  said  applicants  are  thenceforth  to  be 
placed  on  the  pension  list  of  the  United  States :  Provided,  that  in  no 
case  a  pension  shall  commence  before  the  first  day  of  January,  eighteen 
hundred  and  three,  except  so  far  as  to  ofl&et  the  commutation  of  half 
pay  received  by  such  officer,  in  which  case  the  proper  officer  is  to  cal- 
culate the  pension  from  the  first  day  of  January,  seventeen  hundred  and 
eighty-four. 

Sec.  3.  And  he  it  further  enacted.  That  the  pensions  allowed  by  this 
act  shall  be  estimated  in  the  manner  following,  that  is  to  say :  a  fiill 
pension  to  a  commissioned  officer  shall  be  considered  the  one  half  of 
his  monthly  pay  as  by  law  established,  and  the  proportions  less  than  a 
full  pension  shall  be  the  like  proportions  of  half  pay.  And  a  full  pen- 
sion to  a  non-commissioned  officer,  private  soldier,  or  seaman,  shall  be 
fiye  dollars  per  month,  and  the  proportions  less  than  a  full  pension,  shall 
be  the  like  proportions  of  five  doUars  per  month,  but  no  pension  of  a 
commissioned  officer  shall  be  calculated  at  a  higher  rate  than  the  half 
pay  of  a  lieutenantrcolond. 

Sbc.  4.  And  be  it  further  enacted.  That  the  pensioners  becoming 
such  in  virtue  of  this  act,  shall  be  paid  in  the  same  manner  as  invalid 
pensioners  are  paid,  who  have  heretofore  been  placed  on  the  pension  list 
of  the  United  States,  under  such  restrictions  and  regulations,  in  all 
reapeciB,  as  are  prescribed  by  the  laws  of  the  United  States,  in  such 
ises  provided. 

Approved,  March  3, 1803. 


Evidence,  be- 
fore whom  to  be 
taken. 

Nature  of  the 
evidence. 


Nature  of  the 
diaabiUtjr. 


Requintetime 
ofserriee. 


Caote  of  de- 
ferring the  ap. 
plication  to  be 
•Uted. 

Coptea  of  the 
evidence,  be.  to 
be  given  to  the 
claimants. 


Who   are  to 

be  placed  on  the 
penaion  liit. 
Proviao. 


Estimation  of 
the  pensions. 


Pensioners  to 
be  paid  in  the 
manner  of  for- 


Statute  II. 


Cbap.  XXXIX— yfn  Jet  authorizing  the  irtmtfer  of  the  duiiet  of  Supervisor  to  March  3,  iSOS. 

any  aOur  q/ice.  • 

[Obsolete.] 
Be  it  enacted  by  the  Senate  and  House  of  Rmresentatives  of  the  United      j^^^  of  sa- 
States  of  America  in  Congress  assembled,  That  the  President  of  the  pervisor  to  be 


244 


SEVENTH  CK>NGRESS.    Sess.  II.  Ch.  40.    1803. 


attached  bj  th« 
President  to  anr 
other  officer  of 
thegoTemment. 


to  be  allowed 
to  the  officer 
performiog  the 
dutiet  of  anper- 
Tiaor. 


Statute  II. 

March  3, 1803. 

Act  of  1802. 
ch.  31.  Act  of 
March  9,  1808, 
ch.29. 

The  circait 
court  ahall  con- 
■iat    of  the 
jostice    or  the 
tuprome     coort 
residing  in   the 
circuit,  and  the 
district  judge 
where  the  court 
site. 

In  the  third 
circuit  it  shall 
consist  or  the 
senior  associate 
justice,  Sic. 

Appals  from 
final  judgments 
when  the  value 
in  dispute  ex- 
ceeds fifly  dol- 
lars from  the  dis- 
trict court  to  the 
circuit  court 

Appeals  from 
the  circuit  court 
to  the  supreme 
court  where  the 
matter  in  dis- 
pute exceeds 
2000  dollars. 

Proceedings 
to  be  transmit- 
ted to  the  su- 
preme court. 

No  new  evi- 
dence to  be  re- 
ceived in  the  su- 
preme court,  ex- 
cept in  admi- 
ralty and  prize 


United  States  be,  and  he  hereby  is  authorized  to  attach  the  duties  of 
the  office  of  supervisor  in  any  district  to  any  other  officer  of  the  govern- 
ment of  the  United  States,  within  such  district,  who  shall  give  bond  for 
the  performance  of  the  duties  imposed  on  him  by  this  act,  in  the  same 
manner  and  under  the  same  penalties,  as  were  heretofore  provided  in 
the  case  of  supervisors. 

Sec.  2.  And  he  it  Juriher  enacted,  That  for  the  discharge  of  the 
duties  of  supervisor,  which  may  be  thus  attached  to  another  office,  by 
virtue  of  this  act,  there  shall  be  allowed  to  the  officer  exercising  the 
same,  the  commissions  to  which  the  supervisor  is  now  entitled  by  law, 
together  with  such  sum  fw  derk  hire,  not  exceeding  the  allowance  fixed 
by  law  for  the  supervisor,  and  such  salary  not  exceeding  two  hundred 
and  fifty  dollars  per  annum,  as  the  President  of  the  United  States  shall 
deem  a  sufficient  compensation. 

Appeoyed,  March  3, 180^. 


19th  and  22d 
sections  of  the 
act  of  24th  Sept. 
1789,  ch.  20,  so 
ftjr  as  aiTected 
by  this  act,  re- 
pealed. 


Chap.  XL.— ^^n  Jd  in  addition  to  an  act  intituled  ^^Jn  act  to  amend  the  judicial 
iyetem  (f  the  United  States.'' 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  rfthe  United 
States  of  America  in  Congress  assembled.  That  the  circuit  court  of  the 
second  circuit  shall  consist  of  the  justice  of  the  supreme  court  residing 
within  the  third  circuit,  and  the  district  judge  of  the  district  where  such 
court  shall  be  holden. 

In  the  third  circuit,  the  said  circuit  court  shall  consist  of  the  senior 
associate  justice  of  the  supreme  court  residing  within  the  fifth  circuit, 
and  the  district  judge  of  the  district  where  such  court  shall  be  holden. 

Sec.  2.  And  be  it  further  enacted.  That  from  all  final  judgments  or 
decrees  in  any  of  the  district  courts  of  the  United  States,  an  appeal, 
where  the  matter  in  dispute,  exclusive  of  costs,  shall  exceed  the  sum  or 
value  of  fifty  dollars,  shall  be  allowed  to  the  circuit  court  next  to  be 
holden  in  the  district  where  such  final  judgment  or  judgments,  decree 
or  decrees,  may  be  rendered ;  and  the  circuit  court  or  courts  are  hereby 
authorized  and  required  to  receive,  hear  and  determine  such  appeal ; 
and  that  from  all  final  judgments  or  decrees  rendered  or  to  be  rendered 
in  any  circuit  court,  or  in  any  district  court  actin^r  as  a  circuit  court,  in 
any  cases  of  equity,  of  admiralty  and  maritime  jurisdiction,  and  of  prize 
or  no  prize,  an  appeal  where  the  matter  in  dispute,  exclusive  of  costs, 
shall  exceed  the  sum  or  value  of  two  thousand  dollars,  shall  be  allowed 
to  the  supreme  court  of  the  United  States,  and  that  upon  such  appeal,  a 
transcript  of  the  libel,  bill,  answer,  depositions,  and  all  other  proceed- 
ings of  what  kind  soever  in  the  cause,  shall  be  transmitted  to  the  said 
supreme  court;  and  that  no  new  evidence  shall  be  received  in  the  said 
court,  on  the  hearing  of  such  appeal,  except  in  admiralty  and  prize 
causes,  and  that  such  appeals  shall  be  subject  to  the  same  rules,  regula- 
tions and  restrictions  as  are  prescribed  in  law  in  case  of  writs  of  error; 
and  that  the  said  supreme  court  shall  be,  and  hereby  is  authorized  and 
required  to  receive,  hear  and  determine  such  appeals.  And  that  so 
much  of  the  nineteenth  and  twenty-second  sections  of  the  act  of  Ck>n- 
gress,  intituled  "An  act  to  establish  the  judicial  courts  of  the  United 
States,"  passed  on  the  twenty-fourth  day  of  September,  one  thousand 
seven  hundred  and  eighty-nine,  as  comes  within  the  purview  of  this  act, 
shall  be  and  the  same  is  hereby  repealed. 

Approyed,  March  3, 1803. 


ACTS  OF  THE  EIGHTH  CONGRESS 


UNITED   STATES, 

Passed  ai  the  first  session,  which  was  begm  and  held  at  the  City  of 
Washington,  in  the  District  of  Columbia,  on  Monday,  the  seventeenth 
day  of  October,  1803,  and  ended  on  the  twenty-seventh  day  of  March, 
1804. 

Thomas  Jefferson,  President;  Aaron  Burr,  Vice  President  of  the 
United  States  and  President  of  the  Senate ;  John  Brown,  President 
of  the  Senate  pro  tempore,  from  the  31st  of  October  to  the  19th  of 
December,  1803,  and  from  the  26th  of  January  to  the  25th  of  Febru- 
mrj,  1804;  Jesse  Frankun,  President  of  the  Senate  pro  tempore, 
from  the  14th  of  March,  1804;  Nathaniel  Macon,  Speaker  of  the 
House  of  Representatives. 

STATUl'E  I. 

Cbaftsb  L— ^fi  Jet  to  enable  the  President  ef  the  United  States  to  tahe  potteuion 
ef  the  territories  ceded  by  F^ranee  to  the  Umted  States^  by  the  treaty  concluded  at 
Paris,  on  the  thirtieth  of  April  but  /  and  for  the  temporary  government  thereof » 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  President  of  the 
United  States  be,  and  he  is  hereby  authorized  to  take  possession  of,  and 
occupy  the  territory  ceded  by  France  to  the  United  States,  by  the  treaty 
concluded  at  Paris,  on  the  thirtieth  day  of  April  last,  between  the  two 
nations ;  and  that  he  may  for  that  purpose,  and  in  order  to  maintain  in 
the  said  territories  the  authority  of  the  United  States,  employ  any  part 
of  the  army  and  navy  of  the  United  States,  and  of  the  force  authorized 
by  an  act  passed  the  third  day  of  March  last,  intituled  "An  act  direct- 
ing a  detachment  from  the  militia  of  the  United  States,  and  for  erecting 
certain  arsenals,"  which  he  may  deem  necessary :  and  so  much  of  the 
sum  appropriated  by  the  said  act  as  may  be  necessary,  is  hereby  appro- 
priated for  the  purpose  of  carrying  this  act  into  effect;  to  be  applied 
under  the  direction  of  the  President  of  the  United  States. 

Sec.  2.  And  be  it  further  enacted.  That  until  the  expiration  of  the 
present  session  of  Congress,  unless  provision  for  the  temporary  govern- 
ment of  the  said  territories  be  sooner  made  by  Congress,  all  the  military, 
civil  and  judicial  powers,  exercised  by  the  officers  of  the  existing  govern- 
ment of  the  same,  shall  be  vested  in  such  person  and  persons,  and  shall 
be  exercised  in  such  manner,  as  the  President  of  the  United  States  shall 
direct  for  maintaining  and  protecting  the  inhabitants  of  Louisiana  in 
the  free  enjoyment  of  their  liberty,  property  and  religion. 

Affroved,  October  31, 1803. 


Oct.  31,  1803. 


Louisiana  to 
be  taken  potaea- 
aion  of  oy  the 
President  of  the 
U.  Sutes. 

Authority  of 
the  U.  Sutes  in 
Louisiana  esta- 
blished. 

Act  of  March 
3, 1803,  ch.  33. 
Appropriations. 

All  the  mili- 
tary, civil  and 
juaicial  powers 
exercised  by  tho 
officers  or  the 
existing  govern- 
ment to  be  ex- 
ercised as  the 
President  may 
direct  for  the 
protection  of  the 
mhabitants. 

Act  of  March 
26, 1804,  ch.  38. 
Act  of  February 
16,1811,ch.  14. 
Act  of  April  8, 
1813,  ch.  60. 

Statute  I. 


[Obsolete.] 


Chap.  II. — Jin  Jet  authorizing  the  creation  if  a  stock,  to  the  amount  of  eleven     Not.  10, 1803. 

mHUons  two  hundred  and  fifty  thousand  dollars,  for  the  purpose  of  carrying  into    

^eel  the  eonvention  of  the  thirtieth  of  Jpril,  one  thousand  etgnt  hundred  and 
three,  between  the  United  States  of  Jmerica  and  the  Drench  BepubUc ;  and  making 
provision  for  the  payment  of  the  same. 

Be  ii  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
£taU$  of  America  in  Congress  tsssembled.  That  for  the  purpose  of  carry- 

x2  245 


246 


EIGHTH  CONGRESS.    Sess.  I.  Cii.  2.     1803. 


TheSecreury 
of  the  Treasury 
tuthorized  to 
cauw  to  be  con- 
fltituted  ttock 
for  eleven  mil- 
lion   two  hun- 
dred   and    fifty 
thouaand  dol- 
lar*. 

Tenna  of  cre- 
ation and  deli- 
Tery. 


The  certifi- 
cates of  Block  to 
be  delivered  to 
the  government 
of  France. 


CrediU    of 
stock  to    be 
transferable    on 
the  books  of  the 
treasury. 

Period  of  re- 
demption may 
be  snortened. 


Interest  pay- 
able in  Europe. 

Rate  of  ex- 
change, dollars 
at  4s.  6d.  and  8i 
guilders. 

Interest  pro- 
vided for  out  of 
monies  in  the 
treasury. 


Act  of  April 
39, 1802,  ch.  32. 
Seven  hundred 
thoussnd  dol- 
ls rs  to  be  added 
to  the  sinking 
fund. 


Commission- 
ers of  the  sink- 
ing fund  to  re- 
deem the  stock. 


ing  into  effect  the  convention  of  the  thirtieth  day  of  April,  one  thousand 
eight  hundred  and  three,  between  the  United  States  of  America  and 
the  French  Republic,  the  Secretary  of  the  Treasury  be,  and  he  is  hereby 
authorized,  to  cause  to  be  constituted,  certificates  of  stock,  signed  by 
the  register  of  the  treasury,  in  favour  of  the  French  Republic,  or  of  its 
assignees,  for  the  sum  of  eleven  millions  two  hundred  and  fifly  thousand 
dollars,  bearing  an  interest  of  six  per  centum  per  annum,  from  the  time 
when  possession  of  Louisiana  shall  have  been  obtained,  in  conformity 
with  the  treaty  of  the  thirtieth  day  of  April,  one  thousand  eight  hundred 
and  three,  between  the  United  States  of  America  and  the  French  Repub- 
lic, and  in  other  respects  conformable  with  the  tenor  of  the  convention 
aforesaid ;  and  the  President  of  the  United  States  is  authorized  to  cause 
the  said  certificates  of  stock  to  be  delivered  to  the  government  of  France, 
or  to  such  person  or  persons  as  shall  be  authorized  to  receive  them,  in 
three  months  at  most,  afler  the  exchange  of  the  ratifications  of  the  treaty 
aforesaid,  and  afler  Louisiana  shall  be  taken  possession  of  in  the  name 
of  the  government  of  the  United  States;  and  credit,  or  credits,  to  the 
prq)rietors  thereof,  shall  thereupon  be  entered  and  given  on  the  books 
of  the  treasury,  in  like  manner  as  for  the  present  domestic  funded  debt, 
which  said  credits  or  stock  shall  thereafter  be  transferable  only  on  the 
books  of  the  treasury  of  the  United  States,  by  the  proprietor  or  proprie^ 
tors  of  such  stock,  his,  her  or  their  attorney:  and  the  faith  of  the  United 
States  is  hereby  pledged  for  the  payment  of  the  interest,  and  for  the  re- 
imbursement of  the  principal  of  the  said  stock,  in  conformity  with  the 
provisions  of  the  said  convention :  Provided  however,  that  the  Secretary 
of  the  Treasury  may,  with  the  approbation  of  the  President  of  the  United 
States,  consent  to  discharge  the  said  stock  in  four  equal  annual  instal- 
ments, and  also  shorten  the  periods  fixed  by  the  convention  for  its  reim- 
bursement :  And  provided  also,  tliat  every  proprietor  of  the  said  stock 
may,  until  otherwise  directed  by  law,  on  surrendering  his  certificate  of 
such  stock,  receive  another  to  the  same  amount,  and  bearing  an  interest 
of  six  per  centum  per  annum,  payable  quarter-yearly  at  the  treasury  of 
the  United  States. 

Sec.  2.  And  be  it  further  enacted,  That  the  annual  interest  accruing 
on  the  said  stock,  which  may,  in  conformity  with  the  convention  afore- 
said, be  payable  in  Europe,  shall  be  paid  at  the  rate  of  four  shillings  and 
sixpence  sterling  for  each  dollar,  if  payable  in  London,  and  at  the  rate 
of  two  guilders  and  one  half  of  a  guilder,  current  money  of  Holland, 
for  each  dollar,  if  payable  in  Amsterdam. 

Sec.  3.  And  be  it  further  enacted.  That  a  sum  equal  to  what  will  be 
necessary  to  pay  the  interest  which  may  accrue  on  the  said  stock  to  the 
end  of  the  present  year,  be,  and  the  same  is  hereby  appropriated  for  that 
purpose,  to  be  paid  out  of  any  monies  in  the  treasury  not  otherwise 
appropriated. 

Sec.  4.  And  be  it  further  enacted,  That  from  and  afler  the  end  of 
the  present  year,  (in  addition  to  the  annual  sum  of  seven  millions  three 
hundred  thousand  dollars  yearly  appropriated  to  the  sinking  fund,  by 
virtue  of  the  act,  intituled  "An  act  making  provision  for  the  reden^ption 
of  the  whole  of  the  public  debt  of  the  United  States,")  a  further  annual 
sum  of  seven  hundred  thousand  dollars,  to  be  paid  out  of  the  duties  on 
merchandise  and  tonnage,  be,  and  the  same  hereby  is,  yearly  appropriated 
to  the  said  fund,  making  in  the  whole,  an  annual  sum  of  eight  millions 
of  dollars,  which  shall  be  vested  in  the  commissioners  of  the  sinking 
fund  in  the  same  manner,  shall  be  applied  by  them  for  the  same  purposes, 
and  shall  be,  and  continue  appropriated,  until  the  whole  of  the  present 
debt  of  the  United  States,  inclusively  of  the  stock  created  by  virtue  of 
this  act,  shall  be  reimbursed  and  redeemed,  under  the  same  limitations 
as  have  been  provided  by  the  first  section  of  the  above-mentioned  act, 
req)ecting  the  annual  appropriation  of  seven  millions  three  hundred  thou- 
sand ddlars,  made  by  the  same. 


EIGHTH  CONGRESS.    Srss.  I.  Cii.  3.     18D3. 


247 


Sbc.  5.  And  be  it  further  enacted,  That  the  Secretary  of  the  Treasury 
shall  cause  the  said  further  sum  of  seven  hundred  thousand  dollars  to  be 
paid  to  the  commbsioners  of  the  sinking  fund,  in  the  same  manner  as 
was  directed  by  the  above-mentioned  act  respecting  the  annual  appro- 
priation of  seven  millions  three  hundred  thousand  dollars ;  and  it  shall 
be  the  duty  of  the  commissioners  of  the  sinking  fund  to  cause  to  be 
applied  and  paid  out  of  the  said  fund,  yearly,  and  every  year,  at  the 
treasury  of  the  United  States,  such  sum  and  sums  as  may  be  annually 
wanted  to  discharge  the  annual  interest  and  charges  accruing  on  the 
stock  created  by  virtue  of  this  act,  and  the  several  instalments,  or  parts 
of  principal  of  Uie  said  stock,  as  the  same  shall  become  due  and  may  be 
discharged,  in  conformity  to  the  terms  of  the  convention  aforesaid,  and 
of  this  act. 

Approved,  November  10,  1803. 


Secretary  of 
the  Treasury  to 
pay  to  commis- 
■ioneri,  who 
shall  apply  the 
money  to  dis- 
charge of  debt. 


Chap.  III.— ^^n  Jet  making  provision  for  the  payment  of  claims  cfeitizem  tf  the 
United  States  on  the  govemment  tf  France,  the  payment  rf  which  has  been 
assumed  by  the  United  States,  bv  virtue  of  the  convention  (fthe  thirtieth  tf  Jlpril, 
one  thousand  eight  hundred  anithree^  between  the  United  States  and  the  French 
Bepublie, 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  a  sum,  not  exceed- 
ing three  millions  seven  hundred  and  fifty  thousand  dollars,  (inclu- 
sive of  a  sum  of  two  millions  of  dollars,  appropriated  by  the  act  of  the 
twenty-sixth  day  of  February,  one  thousand  eight  hundred  and  three, 
intituled  "An  act  making  further  provision  for  the  expenses  attending 
the  intercourse  between  the  United  States  and  foreign  nations,")  to  be 
paid  out  of  any  monies  in  the  treasury  not  otherwise  appropriated,  be, 
and  the  same  hereby  is  appropriated,  for  the  purpose  of  discharging  the 
claims  of  citizens  of  the  United  States  against  the  government  of  France, 
the  payment  of  which  has  been  assumed  by  the  government  of  the 
United  States,  by  virtue  of  a  convention  made  the  thirtieth  day  of  April, 
one  thousand  eight  hundred  and  three,  between  the  United  States  of 
America  and  the  French  Republic,  respecting  the  said  claims. 

Sec.  2.  And  be  it  further  enacted.  That  the  Secretary  of  the  Trea- 
sury shall  cause  to  be  paid,  at  the  treasury  of  the  United  States,  in  con- 
formity to  the  convention  aforesaid,  the  amount  of  such  claims,  above- 
mentioned,  as,  under  the  provisions  of  the  said  convention,  shall  be 
awarded  to  the  respective  claimants ;  which  payments  shall  be  made  on 
the  orders  of  the  minister  plenipotentiary  of  the  United  States  for  the 
time  being,  to  the  French  Republic,  in  conformity  with  the  convention 
aforesaid,  and  the  said  minister  shall  be  charged  on  the  treasury  books 
with  the  whole  amount  of  such  payments,  until  he  shall  have  exhibited 
satisfactory  proof  to  the  accounting  officers  of  the  treasury,  that  his 
orders,  thus  paid,  have  been  issued  in  conformity  with  the  provisions  of 
the  said  convention. 

Sec.  3.  And  be  it  further  enacted.  That  the  President  of  the  United 
States  be,  and  he  hereby  is  authorized  to  borrow,  on  the  credit  of  the 
United  States,  to  be  applied  to  the  purposes  authorized  by  this  act,  a 
sum  not  exceeding  one  million  seven  hundred  and  fifly  thousand  dollars, 
at  a  rate  of  interest,  not  exceeding  six  per  centum  per  annum;  reimburs- 
able out  of  the  appropriation  made  by  virtue  of  the  first  section  of  this 
act,  at  the  pleasure  of  the  United  States,  or  at  such  period,  not  exceed- 
ing five  years  from  the  time  of  obtaining  the  loan,  as  may  be  stipulated 
by  contract ;  and  it  shall  be  lawful  for  the  Bank  of  the  United  States  to 
Jend  the  same. 

Sec.  4.  And  be  it  further  enacted,  That  so  much  of  the  duties  on 
merchandise  and  tonnage  as  may  be  necessary,  be,  and  the  same  hereby 


Statute  I. 
Nov.  10,1803. 


[Obsolete.] 


Three  millions 
■eTen  hundred 
and  fifty  thou- 
sand dollars  np* 
propriated  to 
pay  citizens  of 
the  U.  Sutes. 

Act  of  Feb- 
ruary 26,  1803, 
cb.8. 


Treaty  with 
France  for  the 
cession  of  Lou- 
isiana. 

Claims  to  be 
paid  at  the  trea- 
sury  of  the  U. 
States. 


President  of 
the  U.  States  to 
borrow  not  ex- 
ceeding one  mil- 
lion seven  bun- 
dred  and  fifty 
thousand  dol. 
lars. 


One    million 
seven    hundred 


SU8 


EIGHTH  CONGRESS.    Sm.  L  Ch.  4, 5,  6.    1833. 


and  fiflj  thoa- 
•and  dolUrt  at 
•is  per  cent,  in- 
tereat  chargea- 
ble on  cnttomi. 
Eipenwt  of 
inreitiffation  of 
claimt  how  pro- 
Tided. 


Not  to  exceed 
fovr  thoatand 
foor  hundred 
and  filly  doUan 
pKer  annum,  be- 
tide secretary 
and  agent's  sal- 
aries. 

Statutb  I. 


18  appropriated  for  the  purpose  of  paying  the  interest  which  shall  accrue 
on  the  said  loan. 

Sbc.  5.  And  be  it  Jyrther  enacted.  That  for  defraying  the  expense 
incident  to  the  investigation  of  the  claims  aho?e  mentioned,  there  be 
appropriated  a  sum  not  exceeding  eighteen  thousand  five  hundred  and 
8eventy-fi?e  doUars,  to  be  paid  out  of  any  monies  in  the  treasury  not 
otherwise  appropriated :  Provided,  that  the  compensation  to  be  made  to 
any  of  the  commissioners  appointed,  or  to  be  appointed,  in  pursuance 
of  the  above-mentioned  convention,  shall  not  exceed  the  rate  of  four 
thousand  four  hundred  and  fifty  dollars  per  annum ;  that  the  compensa- 
tion of  their  secretary  shall  not  exceed  the  rate  of  two  thousand  two 
hundred  and  twenty-five  dollars  per  annum;  and  that  the  compensation 
of  the  agent  shall  not  exceed  the  rate  of  one  thousand  dollars  per  annum. 

Approved,  November  10, 1803. 


Not.  16, 1803.  Chap.  I V.— ^^  M  making  an  appropriation  for  tarrying  into  effect  the  aevenik 
article  if  the  treaty  tf  amity,  commerce  ami  namgaUon^  between  the  United 
Statee  oSid  hie  Britannic  Mdjetty. 

Be  it  enacted  by  the  Senate  and  House  of  Represeniaiives  of  the  United 
States  of  America- in  Congress  assemble.  That  a  sum  not  exceeding 
fifty  thousand  dollars,  to  be  paid  out  of  any  monies  in  the  treasury  not 
otherwise  appropriated,  be,  and  the  same  hereby  is  appropriated  for  the 
purpose  of  carrying  into  effect  the  seventh  article  of  the  treaty  concluded 
at  London,  on  the  nineteenth  day  of  November,  seventeen  hundred  and 
ninety-four,  between  the  United  States  of  America  and  his  Britannic 
Majesty. 

Sec.  2.  And  be  it  further  enacted.  That  the  accounting  officers  of 
the  treasury  be,  and  they  are  hereby  authorized  to  allow  an  interest,  not 
exceeding  the  rate  of  six  per  centum  per  annum,  on  one  third  part  of 
the  amount  of  any  award  made  in  pursuance  of  the  aforesaid  article, 
and  presented  at  the  treasury  previous  to  the  passing  of  this  act,  to  be 
calculated  fi'om  the  time  when  such  award  shall  have  been  presented. 

Approved,  November  16, 1803. 


[ObM>lete.] 

Expenses  of 
treaty  with 
Great  Britain  of 
1794,  provision 
for. 


Funds  bow  to 
be  provided. 


Statute  I. 

Nov.S6,18QS. 

[Obsolete.] 
Act  of  April 

5,  1800,  ch.  21. 
Drawback  on 

goods 

to  New  Orf 

abolished. 


Statutb  I. 
Dee.  19, 1803. 


Bankrupt  act 
ofApril4,1800, 
repealed. 

Act  of  April 
4,l800,ch.  19. 

What  com- 
missions may 
yet  be  acted  on. 

Act  of  April 
29,  1803,  sect. 
14,  ch.  31. 


Chap.  V.— ^  Act  to  repeal  the  act,  intituhi  **Jn  act  to  allow  a  drawback  cf 
duties  on  goods  exportea  to  New  Orleans,  and  therem  to  amend  the  act  intitukd 
An  act  to  regulate  the  collection  of  duties  on  imports  and  tomtage.^^ 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  act  passed  on  the 
fifth  day  of  April,  one  thousand  eight  hundred,  intituled  "  An  act  to 
allow  a  drawback  of  duties  on  goods  exported  to  New  Orleans,  and  there- 
in to  amend  the  act,  intituled  An  act  to  regulate  the  collection  of  duties 
on  imports  and  tonnage,"  be,  and  the  same  hereby  is  repealed. 

Approved,  November  25,  1803. 


Cbap.  VI. — An  Act  to  repeal  an  act,  intituled  **An  act  to  establish  an  uniform 
sysUm  (f  Bankruptcy  throughout  the  United  States.^^ 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  the  act  of  Congress 
passed  on  the  fourth  day  of  April,  one  thousand  eight  hundred,  intituled 
<'An  act  to  establish  an  uniform  system  of  bankruptcy  throughout  the 
United  States,"  shall  be,  and  the  same  is  hereby  repealed.  Provided 
nevertheless,  that  the  repeal  of  the  said  act  shall  in  no  wise  affect  the 
execution  of  any  commission  of  bankruptcy  which  may  have  been  issued 
prior  to  the  passing  of  this  act,  but  every  such  commission  may  and  shall 
be  proceeded  on  and  fully  executed  as  though  this  act  had  not  passed. 

Approved,  December  19, 1803. 


EIOHTH  CONGRESS.  Sess.  I.  Cii.  9,  11.    1394. 


249 


Chap*  IX.— «ffi  Jici  making  approprtaiioiu  for  the  aupporl  of  iht  Naoy  of  the 
United  Siate$f  during  the  year  one  thousand  eight  hundred  and  four. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  for  defraying  the  ex- 
penses of  the  nayy  of  the  United  States,  during  the  year  one  thousand 
eight  hundred  and  four,  Uie  following  sums  be,  and  the  same  hereby  are, 
req>ectiTe]y  appropriateid,  that  is  to  say : 

For  the  pay  and  subsistence  of  the  officers,  and  the  pay  of  the  sea^ 
men,  two  hundred  and  thirty-four  thousand,  three  hundred  and  twenty- 
eight  dollars. 

For  provisions,  one  hundred  and  twenty-fi?e  thousand,  five  hundred 
and  eighteen  dollars,  and  seventy-two  cents. 

For  medicine,  instruments,  hospital  stores  and  all  expenses  on  account 
of  the  sick,  four  thousand  eight  hundred  and  seventy4iye  dollars. 

For  repairs  of  vessels,  store  rent,  and  other  contingent  expenses,  one 
hundred  and  forty-four  thousand  dollars. 

For  the  purchase  of  ordnance,  and  other  military  stores,  five  thousand 
dollars. 

For  the  expense  of  navy  yards,  docks  and  other  improvements,  the 
pay  of  superintendents,  store-keepers,  clerks  and  labourers,  fifty-two 
thousand  dollars. 

For  the  pay  and  subsistence  of  the  marine  corps,  including  provisions 
for  those  on  shore,  and  forage  for  the  staff,  fifty-seven  thousand  five  hun- 
dred and  forty^ne  dollars  and  eighty  cents. 

For  clothing  for  the  same,  twelve  thousand  eight  hundred  and  fifty-two 
dollars  and  seventy-six  cents. 

For  military  stores  for  the  same,  four  hundred  and  fifty-two  dollars. 

For  medicine,  medical  services,  hospital  stores,  and  all  expenses  on 
account  of  the  sick  belonging  to  the  marine  corps,  one  thousand  dollars. 

For  quartermasters  and  barrack-masters'  stores,  officers'  travelling 
expenses,  armorers  and  carpenters'  bills,  fuel,  and  other  contingent 
expenses,  eight  thousand  eight  hundred  and  forty-seven  dollars. 

For  completing  the  marine  barracks  at  the  city  of  Washington,  three 
thousand  five  hundred  and  eighty-four  dollars  and  seventy-two  cents. 

Sec.  2.  And  be  it  further  enacted.  That  the  several  sums  herein 
specifically  appropriated,  shall  be  paid,  first,  out  of  any  balance  remain- 
ing unexpended  of  former  appropriations,  for  the  support  of  the  navy, 
and  secondly,  out  of  any  monies  in  the  treasury  not  otherwise  appro- 
priated. 

Approved,  January  31,  1804. 


Statvtk  I. 
Jan.  31. 1S04. 


Nrtjt   appro, 
priationi. 


Pay. 

Proviaion. 
Medical  aid. 
Repair*. 
Ordnance. 
Docks. 

Marine  corpa. 

Clothing. 

MiliUry 
stores. 
Medical  aid. 

Barracks^  Sic. 


Completion  of 
the  marine  bar- 
racks at  Wasli. 
ington. 

Funds  to  pay. 


Statute  I. 


Chap.  XI — Jn  Jet  making  apprcpriationa  for  the  support  of  the  Military  estah*  Feb.  10,  1804. 

lishment  if  the  United  States^  tn  the  year  one  thousand  eight  hundred  and    

four.{a) 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United  Military    ap» 

States  of  America  in  Congress  assembled,  That  for  defraying  the  expense  propriaUon. 


(a)  The  acts  relating  to  the  armyof  the  United 
Act  or  September  29,  1789,  chap. 


Act  of  April  aO,  1790,  chap. 

Act  of  March  3,  1791,  chap. 

Act  of  March  5,  1792,  chap, 

Act  of  May     8,  1794,  chap. 

Act  of  June    7,  1794,  chap. 

Act  of  March  3,  1795,  chap.  44.    Obsolete. 

Act  of  May  30,  1796,  chap.  39.    Expired. 

Act  of  March  3,  1797,  chap.  16.    Repealed. 

Act  of  April  27,  1798,  chap.  S3.    Obsolete. 

Act  of  May  28,  1798,  chap.  47.    Repealed. 

Act  of  Jane  22,  1798,  chap.  67.    Obsolete. 

Act  of  March  2,  1799,  chap.  31.    Obsolete. 

Act  of  March  3,  1799,  chap.  48.    Obsolete. 

Vol.  II.— a2 


States,  passed  before  February  10, 1804,  were: 

26.  Repealed.  Vol.  i.  page     96. 

10.  Repealed.      " 

28.  Repealed.      " 

9.  Obsolete.       " 

24.  Obsolete.       " 

6S.  Obsolete.       <' 


119. 
222. 
241. 
366. 
390. 
430. 
483. 
607. 
601 
668. 
669. 
726. 
749. 


250 


EIGHTH  CONGRESS.    Sess.  I.  Ch.  12.     1804. 


Paj. 

Forage. 
Bnbaiatence. 


Clothing. 

Boootiea  and 
preminntf. 

Medical. 

Field  equip, 
age. 

Forttficationi 
and  armoriea. 


Mapt,  &c. 

Indian  De> 
partmeot. 

Funds  how 
provided. 


Statute  I. 


of  the  military  establishment  of  the  United  States,  for  the  year  one  thou* 
sand  eight  hundred  and  four,  for  the  Indian  department,  and  for  the 
expense  of  fortifications,  arsenals,  magazines  and  armories,  the  following 
sums  be,  and  the  same  hereby  are  respectively  appropriated,that  is  to  say: 

For  the  pay  of  the  army  of  the  United  States,  three  hundred  and  one 
thousand  four  hundred  and  seventy-6ix  dollars. 

For  forage,  four  thousand  and  fifty-six  dollars. 

For  the  subsistence  of  the  officers  of  the  army  and  corps  of  engineers^ 
twenty-eight  thousand  and  eighty-two  dollars  and  eighty-three  cents, 
and  one  half  of  a  cent. 

For  the  subsistence  of  non-commissioned  officers,  musicians  and  pri- 
vates, one  hundred  and  sixty-three  thousand  eiffht  hundred  and  thirty- 
nine  doUars  and  thirty-seven  cents,  and  one  half  of  a  cent 

For  clothing,  eighty  thousand  dollars. 

For  bounties  and  premiums,  fourteen  thousand  dollars. 

For  the  medical  and  hospital  department,  ten  thousand  dollars. 

For  camp  equipage,  fuel,  tools,  expense  of  transportation  and  other 
contingent  expenses  of  the  war  department,  seventy-one  thousand  dollars. 

For  fortifications,  arsenals,  magazines,  and  armories,  one  hundred 
and  nine  thousand  eight  hundred  and  ninety-six  doUars  and  eighty- 
eight  cents. 

For  purchasing  maps,  plans,  books,  and  instruments  for  the  war  de- 
partment and  military  academy,  one  thousand  dollars. 

For  the  Indian  department,  seventy-five  thousand  five  hundred  dollars 

Sec.  2.  And  be  it  Jvrtker  enacted.  That  the  several  appropriations, 
herein  before  made,  shall  be  paid  and  discharged,  first,  out  of  any  bal- 
ance remaining  unexpended  of  former  appropriations  for  the  support  of 
the  military  establishment,  and  secondly,  out  of  any  monies  in  the  trea- 
sury not  otherwise  appropriated. 

Approved,  February  10,  1804. 


Feb.  20, 1804.     Cbap.  XII.— m^h  Jd  eorUinuing  for  a  Umiied  iime^  ike  $alarieM  of  the  offiure  tf 

government  therein  menlumed,{a) 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  cf  the  United 
States  of  America  in  Congress  assembled,  That  from  and  after  the 
last  day  of  December,  one  thousand  eight  hundred  and  three,  the  follow- 
ing annual  compensations,  and  no  other,  be,  and  they  are  hereby  granted 
to  the  officers  herein  enumerated,  respectively,  that  is  to  say : 

To  the  Secretary  of  State,  five  thousand  dollars. 

The  Secretary  of  the  Treasury,  five  thousand  doUars. 

The  Secretary  of  War,  four  thousand  five  hundred  dollars. 

The  Secretary  of  the  Navy,  four  thousand  five  hundred  dollars. 

The  Attorney-General,  three  thousand  dollars.(6^ 

The  Comptroller  of  the  Treasury,  three  thousand  five  hundred  dollars. 

The  Treasurer,  three  thousand  dollars. 

The  Auditor  of  the  Treasury,  three  thousand  dollars. 

The  Register  of  the  Treasury,  two  thousand  four  hundred  dollars. 

The  Accountant  of  the  War  department,  two  thousand  dollars. 

The  Accountant  of  the  Navy  department,  two  thousand  dollars. 

The  Postmaster-General,  three  thousand  dollars,(c)  and 

The  Assistant  Postmaster-General,  one  thousand  seven  hundred  dol- 
lars; which  sums  shall  be  respectively  paid  quarter-yearly,  at  the  treasury 
of  the  United  States. 

Sec.  2.  And  be  it  further  enacted.  That  this  act  shall  continue  in 
force  for  three  years,  and  from  thence  until  the  end  of  the  next  session 
of  Congress  thereafter,  and  no  longer. 

Approved,  February  20,  1804. 


Salaries   of 
CiTil  Lilt 

Secretary  of 
Sute. 

Secretary   of 
the  Treaaury. 

Secretary    at 
War. 

Secretary   of 
the  Navy. 

Attorney-Ge- 
neral. 

Comptroller 
of  the  Treaaory. 

Treaaarer. 

Auditor  of  the 
Treasury. 

Register    of 
the  Treasury. 

Accountant 
of  the  War  de- 
partment. 

Accountant 
ofthe  Navy  de- 
partment 

Postmaster- 
General. 

Assistant 
Postmaster- 
General. 

Limited  to 
three  years. 


(a)  See  vol.  i.  67. 


(6)  See  vol.  i.  72,  497,  730. 


(c)  See  vol.  i.  836,  358. 


EIGHTH  CONGRESS.  Sbss.  I.  Ch.  13.     1894. 


251 


Chap.  XIII. — Jn  Ad  for  laying  and  eolledtng  duties  on  imporU  and  tonnage 
wiikin  tJke  territoriei  ceded  to  the  United  StaUs,  by  the  treaty  of  the  thirtieth  of 
Aaril^  one  thouumd  eight  hundred  and  three^  between  the  united  States  and  the 
French  RqpubUcj  and  for  other  purposes* 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled^  That  the  same  duties  which 
by  law  now  are,  or  hereafter  may  be  laid  on  goods,  wares,  and  merchan- 
dise imported  into  the  United  States,  on  the  tonnage  of  vessels,  and  on 
the  passports  and  clearances  of  vessels,  shall  be  laid  and  collected  on 
goods,  wares,  and  merchandise  imported  into  the  territories  ceded  to  the 
United  States,  by  the  treaty  of  the  thirtieth  of  April,  one  thousand  ei^ht 
hundred  and  three,  between  the  United  States  and  the  French  Republic  ; 
and  on  vessels  arriving  in,  or  departing  from  the  said  territories :  and 
the  following  acts,  that  is  to  say,  the  act,  intituled, 

''An  act  to  establish  the  treasury  department" 

''An  act  concerning  the  registering  and  recording  of  ships  and  ves- 
flela." 

"An  act  for  enrolling  and  licensing  ships  or  vessels  to  be  employed  in 
the  coasting  trade  and  fisheries." 

"An  act  to  regulate  the  collection  of  duties  on  imports  and  tonnage." 

"An  act  to  establish  the  compensations  of  officers  employed  in  the 
coflection  of  the  duties  on  imports  and  tonnage,  and  for  other  purposes." 

"An  act  for  the  more  effectual  recovery  of  debts  due  from  individuals 
to  the  United  SUtes." 

"An  act  to  provide  more  effectually  for  the  settlement  of  accounts 
between  the  United  States  and  receivers  of  public  money." 

"An  act  to  authorize  the  sale  and  conveyance  of  lands  in  certain 
cases,  by  the  marshals  of  the  United  States,  and  to  confirm  former 
sales;"  and 

"An  act  to  provide  for  mitigating  or  remitting  the  forfeitures,  penal- 
ties and  disabilities  accruing  in  certain  cases  therein  mentioned." 

"An  act  to  establish  a  mint  and  to  regulate  the  coins  of  the  United 
Sutes." 

"An  act  regulating  foreign  coins,  and  for  other  purposes." 

And  the  act  supplementary  to,  and  amendatory  of  the  two  last-men- 
tioned acts,  or  so  much  of  the  said  acts  as  is  now  in  force,  and  also  so 
much  of  any  other  act  or  acts  of  the  United  States  as  is  now  in  force, 
or  may  be  hereafter  enacted,  for  laying  any  duties  on  imports,  tonnage, 
seamen  or  shipping,  for  regulating  and  securing  the  collection  of  the 
same,  and  for  regulating  the  compensations  of  the  officers  employed  in 
the  collection  of  the  same ;  for  granting  and  regulating  drawbacks,  boun- 
ties and  allowances  in  lien  of  drawbacks ;  concerning  the  registering, 
recording,  enrolling  and  licensing  of  ships  and  vessels ;  to  provide  for 
the  settlement  of  accounts  between  the  United  States  and  individuals ; 
for  the  recovery  of  debts  due  to  the  United  States;  and  for  remitting 
forfeitures,  penalties  and  disabilities,  shall  extend  to,  and  have  full  force 
and  effect  in  the  above-mentioned  territories :  Provided  however,  and  it 
is  hereby  further  enacted,  That  ships  or  vessels,  which  on  the  twentieth 
day  of  December  last,  were  owned  by  persons  then  residing  in  the  above 
mentioned  territories,  and  who,  either  were  citizens  of  the  United  States, 
or  had  resided  in  the  said  territories,  during  five  years  next  preceding, 
shall  be  entitled  to  the  benefits  and  privileges  of  ships  or  vessels  of  the 
United  States,  whilst  they  shall  continue  to  be  wholly  owned  by  such 
persons,  or  by  citizens  of  the  United  States :  Provided  nevertheless,  that 
the  persons  claiming  such  privileges  for  their  ships  or  vessels,  shall  in 
every  other  respect,  comply  with  the  provisions  of  the  acts  for  registering, 
receding,  enrolling  and  licensing  of  ships  or  vessels,  and  who,  if  not 
citizens  of  the  United  States,  shall  have  previously  taken  an  oath  of 


Statute  I. 
Feb.  24, 1804. 


Dutiei  on  im- 
porU &nd  ton. 
nage  in  Louii. 
i&na  u  in  otbor 
■tatei. 


What  laws 
ahall  be  in  force 
there. 

Act  of  Sept. 
S,  1789,  ch.  12. 

Act  of  Dee. 
31,  1792,  ch.  1. 

Act   of  Feb. 
IS,  1793,  ch.  8. 

Act  of  March 

2,  1799,  ch.  22. 
Act  of  March 

3,  1797,  ch.  9. 
Act  of  March 

3,  1796,  cb.  48. 

Act  of  March 
3,  1797,  ch.  20. 

Act  of  May 

7,  1800,  ch.  45. 


Act  of  1797, 
eh.  13. 

Act  of  April 
2,  1792,  ch.  16. 

Act  of  Feb. 
0,  1793,  ch.  6. 

All  acts  or  of 
■ach  part!  now 
in  force,  or 
which  may  be 
enacted  for  lay- 
ing datiea  on 
importa  and  ton- 
nage, teamen  or 
ahipping  for  the 
collection  of  da- 
tiea, regulating 
drawbacka  and 
enrolling  rea- 
aela  to  be  in 
force. 

Veaaelaofthat 
territory  enti- 
tled to  aame 
benefit  aa  of  U. 
Sutea  which 
were  owned  on 
the  20th  Decem- 
ber, 1803,  kc. 


But  ahall  re- 
giater  and  take 
oath  of  allegi- 
ance. 


252 


EIGHTH  CONGRESS.    Sisss.  I.  Ch.  13.     1804. 


Other  acts  ex- 
tended to  Loa- 
iaiana. 

Act  concern, 
ing  the  Bank  of 
the  U.  Statea; 
and  an  act  for 
the  regulation  of 
aeamen  and  for 
protecting  the 
exportation  of 
gooda  not  in- 
apected, extend- 
ed to  Louiaiana. 


Commercial 
regulationa  in- 
conaiatent  with 
the  proviaiona  of 
the  aecond  aec- 
tion  repealed. 


FeeMyfcc.uaa- 
ally  paid  for  pi- 
lotage, wharf- 
age, be.  not  af. 
footed. 


Territory  an- 
nexed to  the 
District  of  Mia- 
aiaaippi. 


New  Orleans 
the  sole  port  of 
entnr. 

Officers  to  be 
appointed  by  the 
President  of  the 
U.  States. 


Act  of  1799, 
ch.  22. 

Repeal  of  any 
lawB  which  es- 
tabliah  a  district 
on  the  river  Mis. 
aissippi  south  of 
the  Tennessee 
river. 


District  of 
Natchex,  officer 
there. 


allegiance  to  the  United  States,  which  oath  the  collector  of  the  port  ii 
hereby  authorized  to  administer. 

Sed.  2.  And  be  ii  further  enacted,  That  so  much  of  any  act  or  acts 
of  the  United  Sutes,  now  in  force,  or  which  may  be  hereafter  enacted, 
concerning  the  Bank  of  the  United  States,  and  for  the  punishment  of 
frauds  committed  on  the  same;  for  the  relief  of  sick  and  disabled  sea- 
men; for  the  protection  of  American  seamen;  for  the  government  and 
regulation  of  seamen  in  the  merchant  service ;  and  for  preventing  the 
exportation  of  goods  not  duly  inspected ;  shall  extend  to  and  have  full 
force  and  effect  in  the  above-mentioned  territories. 

Sec.  3.  And  be  it  farther  enacted.  That  so  much  of  any  law  or  laws, 
laying  any  duties  on  the  importation  into  the  United  States  of  goods, 
wares  and  merchandise  from  the  said  territories  (or  allowing  drawbacks 
on  the  importation  of  the  same  from  the  United  States  to  the  said  terri- 
tories), or  respecting  the  commercial  intercourse  between  the  United 
States  and  the  said  territories,  or  between  the  several  parts  of  the 
United  States  through  th^  said  territories,  which  is  inconsistent  with  the 
provisions  of  the  preceding  section,  be,  and  the  same  hereby  is  repealed; 
and  all  duties  on  the  exportation  of  goods,  wares  and  merchandise  from 
the  said  territories,  as  well  as  all  duties  on  the  importation  of  goods, 
wares  and  merchandise  into  the  said  territories,  on  the  transfer  of  ships 
or  vessels,  and  on  the  tonnage  of  vessels,  other  than  those  laid  by  virtue 
of  the  laws  of  the  United  States,  shall,  from  the  time  when  this  act 
shall  commence  to  be  in  force,  cease  and  determine:  Provided  however, 
that  nothing  herein  contained,  shall  be  construed  to  affect  the  fees  and 
other  charges  usually  paid  in  the  said  territories  on  account  of  pilotage, 
wharfage,  or  the  right  of  anchoring  by  the  levy  of  the  city  of  New 
Orleans,  which  several  fees  and  charges  shall,  until  otherwise  directed, 
continue  to  be  paid  and  applied  to  the  same  purposes  as  heretofore. 

Sec.  4.  And  be  it  further  enacted,  That,  to  the  end  that  the  laws 
providing  for  the  collection  of  the  duties  imposed,  by  law,  on  goods, 
wares  and  merchandise,  imported  into  the  United  States,  and  on  the 
tonnage  of  ships  and  vessels,  and  the  laws  respecting  the  revenue  and 
navigation  of  Uie  United  States,  may  be  carried  into  effect  within  the 
said  territories,  the  territories  ceded  to  the  United  States  by  the  treaty 
above  mentioned,  and  also  all  the  navigable  waters,  rivers,  creeks,  bays, 
and  inlets,  lying  within  the  United  States,  which  empty  into  the  Gulf 
of  Mexico,  east  of  the  river  Mississippi,  shall  be  annexed  to  the  Missis- 
sippi district,  and  shall,  together  with  the  same,  constitute  one  district, 
to  be  called  the  "District  of  Mississippi."  The  city  of  New  Orleans 
shall  be  the  sole  port  of  entry  in  the  said  district,  and  the  town  of  Bayou 
St.  John  shall  be  a  port  of  delivery,  a  collector,  naval  officer,  and  sur- 
veyor shall  be  appointed  to  reside  at  New  Orleans,  and  a  surveyor  shall 
be  appointed  to  reside  at  the  port  of  Bayou  St.  John ;  and  the  President 
of  the  United  States  is  hereby  authorized  to  appoint,  not  exceeding 
three  surveyors,  to  reside  at  such  other  places,  within  the  said  district, 
as  he  shall  deem  expedient,  and  to  constitute  each,  or  either  of  such 
places  ports  of  delivery  only.  And  so  much  of  any  law  or  laws,  as 
establishes  a  district  on  the  river  Mississippi,  south  of  the  river  Tennes- 
see, is  hereby  repealed,  except  as  to  the  recovery  and  receipt  of  such 
duties  on  goods,  wares  and  merchandise,  and  on  the  tonnage  of  ships 
or  vessels,  as  shall  have  accrued,  and  as  to  the  recovery  and  distribution 
of  fines,  penalties,  and  forfeitures,  which  shall  have  been  incurred  before 
the  commencement  of  the  operation  of  this  act. 

Sec.  5.  Arid  be  it  farther  enacted.  That  the  shores  and  waters  of  the 
town  of  Natchez,  shall  be  one  district,  to  be  called  the  district  of  Natchez, 
and  a  collector  shall  be  appointed  who  shall  reside  at  Natchez,  which 
shall  be  the  only  port  of  entry  or  delivery  within  the  said  district,  of  any 
goods,  wares  and  merchandise,  not  the  growth  or  manufacture  of  the 


EIGHTH  CONGRESS.    Sess.  L  Ch.  13.     1804. 


253 


United  States :  Provided  ntoertheUss^  that  it  shall  be  the  duty  of  every 
master  or  commander  of  any  ship  or  yessd  destined  for  the  said  port  of 
Natchez,  to  stop  at  New  Orleans,  and  there  deliver  to  the  collector  of 
said  port  a  manifest  of  the  cargo  on  board  such  ship  or  vessel  agreeably 
to  law,  on  penalty  of  five  thousand  dollars.  And  it  shall  be  the  duty  of 
said  collector  to  transmit  a  certified  copy  of  such  manifest  to  the  collector 
of  the  said  port  of  Natchez,  and  to  direct  an  inspector  to  so  on  board 
such  ship  or  vessel,  and  proceed  therewith  to  the  port  of  Natchez,  and 
there  report  such  ship  or  vessel  to  the  collector  of  said  port  of  Natchez, 
immediately  after  his  arrival,  when  the  duty  of  said  inspector  shall  cease. 

Sec.  6.  And  he  it  further  enacted^  That  foreign  ships  or  vessels  shall 
be  admitted  to  unlade  at  the  port  of  New  Orleans,  and  at  no  other  port 
within  the  district  of  Mississippi;  and  ships  or  vessels  belonging  to  citi- 
zens of  the  United  States,  coming  directly  from  France  or  Spain,  or  any 
of  their  colonies,  shall  not  be  admitted  to  unlade  at  any  port  within  the 
district  of  Mississippi,  other  than  New  Orleans:  and  ships  or  vessels 
arriving  from  the  Cape  of  Good  Hope,  or  from  any  place  beyond  the 
same,  diall  be  admitted  to  make  entry  at  the  port  of  New  Orleans,  and 
at  no  other  port  within  the  district  of  Mississippi :  Provided  however , 
that  nothing  in  this  act  contained,  shall  authorize  the  allowing  of  draw- 
backs on  the  exportation  of  any  goods,  wares  and  merchandise  from  the 
said  port  of  New  Orleans,  other  than  on  those  which  shall  have  been 
imported  directly  into  the  same,  from  a  foreign  port  or  place. 

Sec.  7.  And  he  it  fiarther  enacted^  That  the  master  or  commander 
of  every  ship  or  vessel,  bound  to  a  port  of  delivery  only,  other  than  the 
port  of  Bayou  St.  John,  in  the  district  of  Mississippi,  shall  first  come  to 
at  the  port  of  New  Orleans  with  his  ship  or  vessel,  and  there  make 
report  and  entry,  in  writing,  and  pay,  or  secure  to  be  paid,  all  legal 
duties,  port  fees,  and  charges,  in  manner  provided  by  law,  before  such 
ship  or  vessel  shall  proceed  to  her  port  of  delivery;  and  any  ship  or 
vessel,  bound  to  the  port  of  Bayou  St.  John,  may  first  proceed  to  the 
said  port,  and  afterwards  make  report  and  entry  at  the  port  of  New 
Orleans,  within  the  time  by  law  limited ;  and  the  master  of  every  ship 
or  vessel,  arriving  from  a  foreign  port  or  place,  or  having  goods  on 
board  of  which  the  duties  have  not  been  paid  or  secured,  and  bound  to 
any  port  within  the  district  of  Mississippi,  (other  than  New  Orleans,  or 
Bayou  St  John,)  shall  take  an  injector  on  board  at  New  Orleans, 
before  proceeding  to  such  port;  and  if  any  master  of  a  ship  or  vessel 
shall  proceed  to  such  port  of  delivery,  contrary  to  the  directions  afore- 
said, he  shall  forfeit  and  pay  five  hundred  dollars,  to  be  recovered  in 
any  court  of  competent  jurisdiction,  with  the  costs  of  suit. 

Sec.  8.  And  he  it  further  enacted^  That  during  the  term  of  twelve 
years,  to  commence  three  months  after  the  exchange  of  the  ratifications 
of  the  above-mentioned  treaty  shall  have  been  notified,  at  Paris,  to  the 
French  government,  French  ships  or  vessels,  coming  directly  from 
France,  or  any  of  her  colonies,  laden  only  with  the  produce  or  manu- 
factures of  France,  or  any  of  her  said  colonies ;  and  Spanish  ships  or 
vessels,  coming  directly  ft'om  Spain,  or  any  of  her  colonies,  laden  only 
with  the  produce  or  manufactures  of  Spain,  or  any  of  her  said  colonies, 
shall  be  admitted  into  the  port  of  New  Orleans,  and  into  all  other  ports 
of  entry  which  may  hereafter  be  established  by  law,  within  the  territo- 
ries ceded  to  the  United  States  by  the  above-mentioned  treaty,  in  the 
same  manner  as  ships  or  vessels  of  the  United  States,  coming  directly 
from  France  or  Spain,  or  any  of  their  colonies,  and  without  being  sub- 
ject to  any  other,  or  higher  duty  on  the  said  produce  or  manufacture, 
Uian  by  law  now  is,  or  shall,  at  the  time,  be  payable,  by  citizens  of  the 
United  States  on  similar  articles,  imported  from  France  or  Spain,  or  any 
of  their  colonies,  in  vessels  of  the  United  States,  into  the  said  port  of 
New  Orleans,  or  other  ports  of  entry  in  the  territories  above  mentioned ; 


Ships  to  itop 
ttNewOrleani, 
tad  deliver  t 
manifest  of  their 
cugo. 

1807,  ch.  14. 


Foreign  tos- 
sels  to  nnlade 
onl J  tt  New  Or- 
lesjis. 


Drawbacks  at 
N.  Orleans  how 
regulated. 

Repealed. 

Ships    bound 
for  other  ports 
must  stop  at 
New  Orleans, 
and  make  entry. 


Under  a  pen- 
alty of  five 
hundred  dollars. 


French   and 
Spanish    ships 
privileged     in 
ports  of  Looisi. 
ana  for   twelve 
years,  from  the 
exchange  of 
ratifications    of 
Louisiana  trea- 
ty. 


To  pay  obIt 
like  duties  with 
ships  of  the  U. 
SUtes. 


254 


EIGHTH  CONGRESS.    Skss.  I.  Ch.  14.    1804. 


Collector  to 
give  bond. 


Emolumenta. 


Nival  officer 
tnd  lurTeyor'B 
compenaition. 

Additional  re- 
venue cutter  to 
be  built. 

1799,  ch.  22, 
sec.  97. 


Mobile  maj 
be  made  a  sepa- 
rate district 


Two  ports  of 
delivery  in  Mo- 
bile. 


Officers    maj 
be  appointed. 


Act  in    force 
24th  March, 
1804. 

Statute  I. 
Feb.  24,  1804. 

Act  of  May  3, 
1802,  ch.  63. 

Period  of  in- 
corporation   of 
Washington, 
enlarged  to  fif- 
teen years. 


City  councils, 
of  what  num- 
bers ihey  are  to 
consist  and  how 
to  be  elected. 


or  to  any  other,  or  higher  tonnage  duty,  than  by  law  now  is,  or  shall  at 
the  time  be,  laid  on  the  tonnage  of  vessels  of  the  United  States  coming 
from  France,  or  Spain,  or  from  any  of  their  colonies,  to  the  said  port 
of  New  Orleans,  or  other  ports  of  entry  within  the  territories  above 
mentioned. 

Sec.  9.  And  be  it  jvrther  enacted.  That  the  collector  of  the  district 
of  Mississippi,  shall  give  bond  for  the  true  and  faithful  discharge  of  his 
duties,  in  the  sum  of  fifleen  thousand  dollars,  and  shall  be  allowed  in 
addition  to  the  fees  and  emoluments  of  his  office,  in  lieu  of  all  other 
commissions,  one  and  a  half  per  cent,  on  all  monies  by  him  received, 
on  account  of  the  duties  arising  from  goods,  wares  and  merchandise 
imported  into  the  said  district,  and  on  the  tonnage  of  ships  and  vessels; 
and  the  naval  officers  and  surveyors  of  the  said  district  shall,  respec- 
tively, receive  an  annual  compensation  of  two  hundred  and  fifty  dollars, 
in  addition  to  their  other  fees  and  emoluments. 

Sec.  10.  And  he  it  further  enacted,  That  the  President  of  the  United 
States  be,  and  he  hereby  is  authorized,  to  cause  to  be  built  and  equipped, 
one  revenue  cutter  in  addition  to  those  heretofore  authorized  by  law, 
which  cutter  may  be  officered,  manned  and  employed,  in  the  same 
manner,  and  the  expense  thereof  shall  be  paid  out  of  the  same  fund,  as 
is  provided  for  defraying  the  expense  of  the  revenue  cutters  heretofore 
authorized  by  law. 

Sec.  11.  And  be  it  jurtlur  enacted,  That  the  President  of  the  United 
States  be,  and  he  hereby  is  authorized,  whenever  he  shall  deem  it  expe- 
dient, to  erect  the  shores,  waters  and  inlets  of  the  bay  and  river  Mobile, 
and  of  the  other  rivers,  creeks,  inlets  and  bays  emptying  into  the  Gulf 
of  Mexico,  east  of  the  said  river  Mobile,  and  west  thereof  to  the  Pasca- 
guola  inclusive,  into  a  separate  district,  and  to  establish  such  place 
within  the  same,  as  he  shall  deem  expedient,  to  be  the  port  of  entry  and 
delivery  for  such  district ;  and  to  designate  such  other  places,  within  the 
same  district,  not  exceeding  two,  to  be  ports  of  delivery  only.  When- 
ever such  separate  district  shall  be  erected,  a  collector  shall  be  appointed, 
to  reside  at  the  port  of  entry;  and  a  surveyor  shall  likewise  be  appointed, 
to  reside  at  each  of  the  ports  of  delivery  which  may  be  established. 
And  such  collector  and  surveyor  shall  be  entided  to  receive,  in  addition 
to  their  other  fees  and  emoluments,  an  annual  salary  of  two  hundred 
and  fifty  dollars.  And  the  said  collector  shall  give  bond  for  the  faithful 
discharge  of  the  duties  of  his  office,  in  the  sum  of  five  thousand  dollars. 

Sec.  12.  And  be  it  further  enacted,  That  this  act  shall  commence 
thirty  days  after  the  passing  thereof. 

Approved,  February  24,  1804. 


Chap.  XI V.— -j^n  Act  tuppkmeniary  to  an  act  intituled  ^^Jn  act  to  ineorporaie 
the  inhabitants  of  the  City  <f  JVaahingtonj  in  the  District  of  Columbia.^\a) 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  the  act,  intituled  "An 
act  to  incorporate  the  inhabitants  of  the  city  of  Washington,  in  the 
District  of  Columbia,"  except  so  much  of  the  same  as  is  inconsistent 
with  the  provisions  of  this  act,  be,  and  the  same  is  hereby  continued  in 
force  for  and  during  the  term  of  fifteen  years,  from  the  end  of  the  next 
session  of  Congress. 

Sfx:.  2.  And  be  it  further  enacted.  That  the  council  of  the  city  of 
Washington,  from  and  after  the  period  for  which  the  members  of  the 
present  council  have  been  elected,  shall  consist  of  two  chambers,  each 
of  which  shall  be  composed  of  nine  members,  to  be  chosen  by  distinct 
ballots,  according  to  the  directions  of  the  act  to  which  this  is  a  supple- 
ment; a  majority  of  each  chamber  shall  constitute  a  quorum  to  do 


(a)  8ee  note  to  act  of  May  3,  1803,  ch.  63. 


EIGHTH  CONGRESS.    Sbss.  I.  Ch.  15.     1804. 


255 


basineas:  in  case  yacancies  shall  occur  in  the  council,  the  chamber  in 
which  the  same  may  happen,  shall  supply  the  same  by  an  election,  by 
ballot,  from  the  three  persons  next  highest  on  the  list,  to  those  elected 
at  the  preceding  election;  and  a  majority  of  the  whole  number  of  the 
chamber  in  which  such  vacancy  may  happen,  shall  be  necessary  to  make 
an  election. 

Sec.  3.  And  be  it  further  enacted,  That  the  council  shall  have  power 
to  establish  and  regulate  the  inspection  of  flour,  tobacco,  and  salted  pro- 
Tisions,  the  gauging  of  casks  and  liquors,  the  storage  of  ^npowder, 
and  a]l  naval  and  m^itary  stores,  not  the  property  of  the  United  States, 
to  regulate  the  weight  and  quality  of  bread ;  to  tax  and  license  hawkers 
and  pedlers,  to  restrain  or  prohibit  tippling  houses,  lotteries,  and  all 
kinds  of  gaming;  to  superintend  the  health  of  the  city,  to  preserve  the 
navigation  of  the  Potomac  and  Anacosta  rivers,  adjoining  the  city ;  to 
erect,  repair,  and  regulate  public  wharves,  and  to  deepen  docks  and 
basins ;  to  provide  for  the  establishment  and  superintendence  of  public 
schools;  to  license  and  regulate,  exclusively,  hackney  coaches,  ordinary 
keepers,  retailers  and  ferries ;  to  provide  for  the  appointment  of  inspec- 
tors, constables  and  such  other  officers  as  may  be  necessary  to  execute 
the  laws  of  the  corporation ;  and  to  give  such  compensation  to  the 
mayor  of  the  city  as  they  may  deem  fit. 

Sec.  4.  And  be  it  further  enacted,  That  the  levy  court  of  the  county 
of  Washington  shall  not  hereafter  possess  the  power  of  imposing  any 
tax  on  the  inhabitants  of  the  city  of  Washington. 

Approvbd,  February  24, 1804. 


Chap.  XV. — An  Act  to  amend  the  Charter  cf  Alexandria. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembha.  That  the  town  of  Alexan- 
dria sbfliU  be,  and  is  hereby  divided  into  two  districts,  by  a  line  running 
east  and  west,  at  an  equal  distance  between  King  and  Prince  streets, 
beginning  at  the  river  Potomac  and  extending  to  the  western  boundary 
of  said  town ;  and  all  that  part  of  the  town  which  is  situate  north  of 
the  said  dividing  line,  shall  be  called  the  northern  district,  and  all  that 
part  of  the  town  which-  is  situate  south  of  the  said  dividing  line,  shall  be 
called  the  southern  district  of  the  town  of  Alexandria ;  and  where  any 
bouse  or  lot  shall  be  situate  partly  in  each  district,  it  shall  be  considered 
as  lying  in  that  district  where  the  greater  part  of  said  house  or  lot  is  situate, 
and  shall  be  assessed  accordingly ;  each  of  the  districts  aforesaid  shall  be 
divided  into  two  electoral  wards,  by  a  line  passing  from  north  to  south 
through  the  middle  of  Pitt  street,  to  be  called  the  first,  second,  third  and 
fourth  ward ;  none  of  the  taxes  on  the  valuation  of  real  property,  which 
shall  hereafter  be  collected  in  the  northern  district,  shall  be  expended  in 
the  regulating,  or  filling  up,  or  paving,  or  repairing  of  the  streets,  or 
sinking  of  weUs,  or  building  of  bridges  in  the  southern  district ;  nor  shall 
the  taxes  on  the  valuation  of  real  property,  which  shall  hereafter  be  cd- 
lected  in  the  southern  district,  be  expended  in  the  regulating,  or  filling 
np,  or  paving,  or  repairing  the  streets,  or  sinking  of  wells,  or  building 
of  bridges  in  the  northern  district :  but  all  the  monies  to  be  expended 
upon  the  aforesaid  improvements  in  either  district,  shall  be  raised  by  an 
assessment  on  the  valuation  of  real  property  in  each  district  respectively, 
at  the  times  and  in  the  manner  the  said  common  council  shall  order  and 
direct  It  shaU  be  the  duty  of  the  assessors  and  other  public  officers  to 
keep  the  accounts  of  each  district  separate  and  distinct  in  regard  to  the 
assessments  for  the  aforesaid  local  purposes,  and  all  other  taxes,  which 
are  now  or  shall  hereafter  be  assessed  or  levied,  upon  the  valuation  of 
real  property  or  other  subjects,  together  with  the  fines  and  also  the  rents 

ling  from  the  property  belonging  to  the  corporation  and  all  their  other 


Powers  or  the 
council!  en. 
Urged. 


Power  of  levy 
court  tbolithed. 


Statitte  I. 
Feb.  25,  1804. 

Act   of  May 

13,  1826,  ch. 
46. 

Charter  of 
Aleiandria    al- 
tered. 

Town  divided 
into  wards. 


Howtaiesare 
to  be  applied. 


Howtaies  to 
be  raised. 


256 


EIGHTH  CONGRESS.    Sbss.  I.  Cu.  15.    1804. 


Who  ihall 

TOtO. 


Who  shall 
Dot  TOte. 


Election  to  be 
held  firtt  Tuee. 
daj  in  March  an- 
nuallj. 


Meetins  of 
conncila  fixed. 


Common 
conncil  to 
choose  a  presi- 
dent from  its 
ownbodj. 

His      powers 
and  dot/. 


The  length  of 
time  limited  for 
the  anthority  of 
the  conncil. 

The  common 
conncil  created 
a  bodj  politic, 
Blo, 


Its  powers 
and  authorities. 


All    the     es. 

tate,  rights  and 
credits  of  the 
mayor  and  com- 
monalty Tested 
in  the  common 
conncil. 


resources,  shall  constitute  a  general  fund,  to  be  appropriated  as  the  com* 
mon  council  shall  direct 

Sec.  2.  Be  it  Jvrther  enacted.  That  every  free  white  male  citizen  of 
full  age,  who  shall  be  bona  fide  seised  of  a  freehold  estate  in  the  town 
of  Alexandria,  or  who  shall  have  resided  in  the  town  aforesaid  for  the 
space  of  one  year,  and  have  been  a  housekeeper  therein  for  the  space  of 
three  months  next  preceding  the  day  of  the  election,  and  who  shall  have 
been  within  that  time  char^  with  any  tax  upon  the  public  books,  and 
shall  have  paid  such  tax,  shall  be  qualified  to  vote  for  members  to  serve 
in  the  common  council  of  the  said  town,  and  no  other  person  shall  exer- 
cise the  right  of  suffrage ;  and  the  persons  qualified,  as  aforesaid,  to  vote, 
shall  meet  at  some  convenient  place  in  the  ward  in  which  they  respects 
ively  reside,  and  elect  by  ballot  four  persons  for  the  representatives  of 
such  ward  in  the  common  council,  out  of  the  free  white  male  citizens 
who  shall  have  arrived  to  the  a^  of  twenty-one  years,  and  shall  have 
resided  in  the  town  of  Alexandria  three  years,  and  in  the  ward  for  which 
he  shall  be  elected,  for  the  space  of  three  months  immediately  preceding 
the  election,  and  shall  moreover  be  seised  of  an  estate  of  freehold  in  the 
said  ward,  and  be  a  housekeeper  therein.  And  that  the  said  electicm 
shall  be  held  on  the  first  Tuesday  of  March,  in  every  year,  by  three  com- 
missioners to  be  appointed  in  each  ward  for  that  purpose  by  the  mayor 
and  commonalty  for  the  ensuing  election,  and  afterwards  by  the  com- 
mon council,  which  .appointment  shall  be  at  least  ten  days  before  the 
day  of  each  election,  except  in  regard  to  the  first  election  to  be  held 
under  this  act.  The  election  for  the  ensuing  year  shall  be  held  at  such 
place,  in  each  ward,  as  shall  be  fixed  on  by  the  mayor  and  commonalty, 
and  thereafter  shall  be  held  at  such  place  as  shall  be  appointed  by  the 
common  council,  of  which  public  notice  shall  be  given. 

Sec.  3.  Be  it  Jurther  enacted.  That  the  members  of  the  common 
council,  elected  as  aforesaid,  or  any  twelve  of  them,  shall,  within  seven 
days  after  their  election  in  each  year,  assemble  themselves  at  the  court- 
house, or  any  other  place  which  shall  be  hereafter  fixed  for  their  meet^ 
ing,  and  shall  choose  one  of  their  body  to  be  president  of  the  said  common 
council,  to  whom  shall  be  administered,  by  any  justice  of  the  peace  in  the 
county  of  Alexandria,  an  oath  or  affirmation  for  the  faithful  discharge 
of  the  duties  of  his  office ;  whereupon  the  president  of  the  said  common 
council  shall  administer  the  oath  of  office  to  the  other  members  of  the 
said  council,  and  shall  have,  while  the  council  is  in  session,  the  same 
power  which  is  at  present  exercised  by  the  mayor,  upon  the  like  occasion ; 
and  he  shall  convene  the  council  whenever  in  the  opinion  of  four  of  the 
members  expressed  to  him  in  writing,  or  whenever  in  his  <^inion  the 
good  of  the  town  may  require  it :  and  the  authority  of  the  said  common 
council  shall  continue  one  year  from  the  day  of  their  election,  and  until 
others  are  chosen  and  qualified  in  their  stead,  and  no  longer.  That  the 
common  council  so  elected,  and  those  thereafter  to  be  elected,  and  their 
successors,  shall  be  and  hereby  are  made  a  body  politic  and  corporate, 
by  the  name  of  the  Common  Council  of  Alexandria ;  and  by  the  said 
name  shall  have  perpetual  succession,  with  capacity  to  purchase,  pos- 
sess and  enjoy  lands  and  tenements,  and  goods  and  chattels,  either  in 
fee  or  lesser  estate  therein,  and  the  same  to  give,  grant,  let,  sell,  assign 
or  transfer ;  and  to  plead  and  be  impleaded,  prosecute  and  defend  all 
causes,  complaints,  actions  real,  personal  or  mixed,  and  to  have  one 
common  seal,  and  perpetual  succession.  And  all  the  estate,  riehts,  and 
credits,  now  vested  in  the  mayor  and  commonalty  of  the  town  of  Alexan- 
dria, shall  be  vested  in  the  said  common  council,  when  elected,  and  may 
be  recovered  in  their  name  for  the  use  of  the  said  town,  and  in  like 
manner  all  claims  and  demands  against  the  mayor  and  commonalty  of 
Alexandria,  prior  to  the  operation  of  the  present  act,  may  be  prosecuted 
and  recovered  against  the  aforesaid  common  council;  and  process 


EIGHTH  CONGRESS.    Sess.  I.  Ch.  15.    1804 


257 


aenred  upon  tbe  president  of  the  common  councii,  shall  be  deemed  suf^ 
ficient 

Sbc.  4.  Be  it  fiarther  enacted^  That  the  jurisdiction  of  the  said  com- 
mon coancil  shaU  extend  to  the  limits  heretofore  prescribed  by  law,  and 
exercised  by  the  mayor  and  commonalty.  The  concurrence  of  a  majo- 
rity of  the  whole  number  of  members  elected  into  the  common  council, 
shall  be  necessary  for  the  passing  of  any  law,  order,  or  resolution,  or  for 
repealing,  altering,  or  revoking  the  same. 

Sec.  5.  Be  it  fitriher  enacted.  That  the  said  common  council  shall  have 
power  to  erect  and  repair  workhouses,  houses  of  correction,  and  other 
public  buildings,  for  the  benefit  of  the  said  town ;  to  pave,  make  and  repair 
the  streets  and  highways;  to  make  all  laws  which  they  shall  conceive  re- 
quisite ibr  the  preservation  of  the  health  of  the  inhabitants,  and  for  the 
regulation  of  the  morals  and  police  of  the  said  town,  and  to  enforce  the 
olMervance  of  their  said  laws,  by  reasonable  penalties  and  forfeitures,  to 
be  levied  upon  the  goods  and  chattels  of  the  offender ;  and  they  shall 
have  power  to  raise  money  by  taxes,  for  the  use  and  benefit  of  the  said 
town :  Prmndedf  that  such  laws  shall  not  be  repugnant  to,  or  inconsis- 
tent with  the  laws  and  constitution  of  the  Unit^  States.  The  said 
common  council  shall,  whenever  they  deem  it  proper,  have  power  to 
open,  extend,  regulate,  pave,  and  improve  the  streets,  within  the  limits 
of  the  said  town :  Provided,  they  make  to  the  person  or  persons  who 
may  be  injured  by  such  extension,  just  and  adequate  compensation  out 
of  the  funds  of  the  corporation,  to  be  ascertained  by  the  verdict  of  an 
impartial  jury,  in  like  manner  as  has  been  usual  in  other  cases,  where 
private  property  has  been  condemned  for  public  use.  They  shall  have 
power  to  hold  and  keep  within  the  said  town,  market  days  in  every  week, 
and  from  time  to  time,  to  appoint  a  clerk  of  the  market,  who  shall  do 
and  perform  aU  things  belonging  to  the  ofiice  of  clerk  of  the  market 
within  the  said  town,  according  to  the  rules  and  regulations  which  they 
shall  prescribe.  They  shall  have  power  to  pass  all  laws  not  inconsistent 
with  the  laws  of  the  United  States,  which  they  may  conceive  requisite 
Ibr  the  prevention  and  removal  of  nuisances,  and  to  appoint  a  superin- 
tendent of  police,  commissioners,  and  surveyors  of  the  streets,  constables, 
collectors  of  the  taxes,  and  all  other  officers  who  may  be  deemed  neces- 
sary for  the  execution  of  their  laws,  who  shall  be  paid  for  their  services 
a  reasonable  compensation,  and  whose  duties  and  powers  shall  be  pre- 
scribed in  such  manner  as  the  common  council  shall  deem  fit  for  carry- 
ing into  execution  the  powers  hereby  granted. 

Sec.  6.  Be  it  further  enacted,  That  the  jurisdiction  of  the  said 
common  council  shall  extend  over  the  harbor  of  Alexandria,  and  over 
vessels  of  every  description  which  may  arrive  and  be  in  the  harbor,  or  be 
at  anchor  in  any  part  of  the  river  Potomac  below  Pearson's  island,  and 
within  the  district  of  Columbia,  for  the  purpose  of  preventing  and 
removing  all  nuisances,  and  such  other  subjects  or  things  being  on 
board  any  such  vessel,  as  may  be  prejudicial  to  the  health  of  the  town, 
and  for  no  other  purpose.  And  also,  their  jurisdiction  shall  extend 
over  the  house  lately  built  in  the  vicinity  of  the  town  for  the  accommo- 
dation of  the  poor  and  others,  and  over  the  ten  acres  of  ground  thereto 
belonging,  and  over  all  persons  who  may  be  sent  or  placed  there  by  the 
consent  or  authority  of  the  common  council,  and  on  their  way  to  and 
firom  the  same,  until  they  be  regularly  discharged :  Provided,  that 
paupers  and  other  persons  shall  not  be  considered  as  having  thereby 
gained  a  residence  m  the  county,  so  as  to  become  chargeable  thereto. 

Sec.  7.  Be  it  further  enacted,  That  the  common  council  shall, 
annually,  at  their  first  meeting  after  their  own  election  and  qualification, 
choose  by  ballot  a  fit  and  able  man,  having  the  qualifications  herein  after 
directed,  to  be  mayor  of  the  town,  which  choice  shall  be  made  by  a 
majority  of  the  whole  number  of  members  of  the  said  common  council, 

Vol..  TT.— 33  y  2 


Extent  of  the 
common  coun- 
cil*! jarindic- 
tion. 

Tbe  concar- 
rence  of  a  mt- 
jority  of  all  the 
member*  necea- 
aary  to  the  paa- 
aing  of  a  law, 
ac.  ac. 

Poweraof  the 
council  defi- 
ned. 


ProTi'ao. 


Proyiao. 


Poweraof  the 


cil. 


Further  defi. 
nition  of  the 
powera  of  the 
common  coun- 
cil. 


A  major  to  be 
annually  choaen 
by  a  Yote  of  the 
common  coan- 
cil. 


258 


EIGHTH  CONGRESS.    Scss.  I.  Cii.  15.     1804. 


The  president 
of  the  council 
to  decide  the 
election  in  cue 
the  council  ii 
equally  divided. 

The  time  for 
which  the  may- 
or shall  hold 
his  office. 

To    take    an 
Mth  of  office. 

His  powers 
and  duties. 


To  receive  a 
com|>ensation 
for  his  services. 

His  qualifica- 
tions. 


Provision  in 
case  of  the  re- 
fusal,  fcc.  fcc. 
of  the  mayor  to 
cerve. 

Common 
council  to  have 
vacancies    in 
their  own  body 
supplied,  and 
how. 

In  the  tem- 
porary absence, 
&c.  &c.  of  the 
mayor,  the  pre- 
sident of  the 
council  to  sup- 
ply his  place. 

Mayor  to  sign 
the  bills  of 
which  he  ap- 
proves, or  to  re- 
turn those  to  the 
council  of  which 
he  does  not  ap- 
prove, with  ms 
objections  in 
wnting. 

How  passed. 

Copies  of  the 
acts  of  the  coun- 
cil to  be  print- 
ed. 


Oath  of  the 
commissioners 
for  holding  the 
elections  pre- 
scribed. 


aniess  the  whole  number  of  members  be  equaUy  divided  between  two 
persons,  in  which  case  one  of  those  two  persons  shaJI  be  immediately, 
by  the  vote  of  the  president  of  the  council,  elected.  The  mayor  shidl 
hold  his  office  for  one  year,  from  the  time  of  his  election,  and  until 
a  successor  is  chosen  and  qualified  in  his  stead.  At  the  expiration 
of  which  period  he  may  be  re-elected  for  two  years  thereafter  in  sue- 
cession,  and  no  longer  until  he  shall  have  been  out  of  office  for  one 
year.  He  shall,  before  he  enters  upon  the  duties  of  his  office,  take  an 
oath  or  affirmation,  in  the  presence  of  the  couiicil,  faithfully  to  execute 
his  said  office,  which  shall  be  recorded  in  their  book  of  proceedings. 
He  shall  see  that  the  laws  of  the  corporation  be  duly  executed,  and  shall 
report  the  negligence  or  misconduct  of  any  officer  to  the  common  council, 
who,  on  satisfactory  proof  thereof,  may  remove  from  office  the  said  delin- 
quent, or  take  such  other  measures  thereupon,  as  shall  be  just  and  lawful. 
He  shall  have  power  to  convene  the  common  council  when,  in  his  opinion, 
the  good  of  the  community  may  require  it,  and  he  shall  lay  before  the  coun- 
cil, from  time  to  time,  in  writing,  such  alterations  in  the  laws  of  the  corpo- 
ration, as  he  shall  deem  necessary  or  proper.  He  shall  have  and  exercise 
all  the  powers  of  a  justice  of  the  peace  within  the  said  town,  and  shall 
receive  for  his  services,  annually,  a  just  and  reasonable  compensation,  to 
be  allowed  and  fixed  by  the  conmion  council,  which  shall  not  be  increased 
or  diminished  during  the  period  for  which  he  shall  have  been  elected. 
Any  person  shall  be  elegible  to  the  office  of  mayor,  who  is  a  white  male 
citizen  of  the  United  States,  who  shall  have  attained  to  the  age  of  thirty 
years,  and  shall  be  the  bona  fide  owner  of  a  freehold  estate  in  the  said 
town,  and  shall  have  been  a  resident  in  the  town  of  Alexandria  five 
years  immediately  preceding  his  election,  and  no  other  person  shall  be 
elegible  to  the  said  office. 

Sec.  8.  Be  it  fwther  enacted.  That  in  case  of  the  refusal  of  any 
person  to  accept  Uie  office  of  mayor  upon  his  election  thereto,  or  of  his 
death,  resignation,  inability  or  removal,  the  common  council  shall  elect 
another  in  his  place  to  serve  the  remainder  of  the  year.  The  common 
council  shall  have  power  to  supply  vacancies  in  their  own  body,  by  causing 
elections  to  be  made  in  manner  herein  before  directed,  out  of  the 
citizens  qualified  to  fill  the  said  office  in  the  ward  in  which  such  vacan- 
cies shall  have  happened ;  and  may,  in  the  absence  of  the  president, 
elect  a  president  pro  tempore.  In  case  of  the  temporary  inability  or 
absence  of  the  mayor,  the  president  of  the  common  council  shall  per- 
form all  the  duties  of  the  mayor,  that  may  be  required  to  be  performed 
during  his  absence  or  inability,  and  in  case  of  vacancy  in  the  said  office, 
he  shall  perform  the  duties  thereof,  until  a  new  election  shall  be  made. 

Sec.  9.  And  he  it  Jurther  enacted.  That  the  acts  of  the  common 
council  shall  be  signed  by  the  president  of  the  common  council,  and 
shall  be  presented  to  the  mayor  for  his  approbation,  who,  if  he  objects 
thereto,  shall,  within  three  days  after  it  shall  be  presented  to  him  for  his 
assent,  return  it  to  the  common  council  with  his  objections  in  writing, 
and  if  a  majority  of  the  whole  council  shall  be  of  opinion  that  the  law 
ought  to  be  passed,  it  shall,  notwithstanding  the  objections  of  the  mayor, 
become  a  law,  and  he  shall  sign  the  same ;  but  if  the  mayor  shall  not 
return  his  objections  to  the  same,  within  three  days,  to  the  said  council, 
it  shall  become  a  law,  and  shall  be  signed  by  him.  The  clerk  of  the 
council  shall  record,  in  a  book  to  be  kept  by  him  for  that  purpose,  all 
the  laws,  orders  and  resolutions  which  shall  be  passed,  as  aforei^aid,  and 
deliver  a  copy  of  them  to  the  public  printer,  to  be  printed  for  the  informa- 
tion of  the  people. 

Sec.  10.  Be  it  further  enacted,  That  the  commissioners  to  super- 
intend the  election  in  each  ward,  shall,  before  they  receive  any  vote, 
take,  severally,  the  following  oath  or  affirmation,  to  be  administered  by 
the  mayor,  or  any  justice  of  the  peace :  "  I,  A.  B.  do  solemnly  swear,  or 


EIGHTH  CONGRBSS.    Sess.  I.  Ch.  17.    1804. 


t250 


aifirm  (as  the  caae  may  be),  that  I  will  truly  and  faithfully  receive  and 
return  the  Toies  of  such  persons  as  are  by  law  entitled  to  vote  for  mem- 
bers of  council  in  ward  No.  and  that  I  will  not  knowingly 
receive  or  return  the  vote  of  any  who  is  not  legally  entitled  to  the  same, 
so  help  me  God ;"  the  said  election  shall  be  closed  on  the  day  it  is  begun, 
and  the  poll  shall  be  kept  open  till  sunset  and  no  longer.  The  said 
commissioners  in  each  ward,  or  a  majority  of  them  shall,  on  the  next 
day  after  the  election,  make  a  list  of  all  the  votes  received  at  said  election ; 
and  the  four  ^rsons  having  the  greatest  number  of  votes,  shall  be  duly 
dected ;  and  in  all  cases  of  an  equality  of  votes,  the  commissioners  shall 
decide,  and  shall  make  a  return  of  the  persons  so  elected,  under  their 
hands  and  seals,  to  the  mayor,  who  shall  cause  the  same  to  be  published 
in  the  newspapers  of  the  town ;  the  said  commissioners  shall  also  send 
a  duplicate  return,  under  their  hands  and  seals,  of  the  persons  elected,  to 
the  derk  of  the  common  council,  who  shall  preserve  and  record  the 
same ;  the  said  common  council  shall  judge  of  the  legality  of  the  elec- 
tion of  any  person  who  shall  be  returned  as  a  member  thereof,  and  shall 
have  full  power  to  pass  all  laws  to  enable  them  to  come  to  a  just  decision 
upon  a  contested  election :  they  shall  have  power  to  compd  the  attend- 
ance of  the  members  of  the  council  by  reasonable  penalties,  and  to 
pass  an  laws  for  the  orderly  and  regular  conduct  of  business :  they  may 
punish  any  member  for  disorderly  behaviour,  and  with  consent  of  three 
fourths  of  the  whole  council,  expel  a  member. 

Sec.  11.  Be  it  further  enacted^  That  whenever  taxes  upon  real 
property,  or  other  claims  charged  upon  real  property  within  the  town, 
shall  be  due,  and  owing  to  the  common  council,  and  the  proprietor  shall 
fail  to  discharge  the  same,  the  said  common  council,  after  giving  the 
party  reasonable  notice  when  he  resides  in  the  town,  sixty  days  notice 
when  he  resides  out  of  the  town,  and  in  the  United  States,  and  after  six 
months  publication  in  the  newspapers  when  he  resides  out  of  the  United 
States,  shall  be  empowered  to  recover  the  said  taxes  or  debts,  by  motion 
in  the  court  of  Alexandria  county :  And  provided,  it  shall  appear  to  the 
satisfaction  of  the  court  that  such  taxes  or  claims  are  justly  due,  judg- 
ment shall  be  granted,  and  an  execution  shall  issue  thereupon,  with  the 
costs  of  suit,  against  the  goods  and  chattels  of  the  defaulter,  if  any  can 
be  found  within  the  town ;  if  not,  that  the  whole  property  upon  which 
the  tax  or  claim  is  due,  shall  by  order  of  the  court,  be  leased  out  at 
public  auction  for  the  shortest  term  of  years  that  may  be  offered,  on 
condition  that  the  lessee  pay  the  arrearages,  and  also  the  future  taxes 
accruing  during  the  term,  and  be  at  liberty  to  remove  all  his  improve- 
ments at  the  expiration  of  the  lease :  Provided  always,  that  the  com- 
mon council  may  prosecute  any  other  remedy,  by  action,  for  the  recovery 
of  the  said  taxes  and  claims  which  is  now  possessed  or  aUowed. 

Sbc.  12.  And  be  it  jvrther  enacted.  That  so  much  of  any  act  or  acts 
of  the  general  assembly  of  Virginia,  as  comes  within  the  purview  of  this 
act,  shall  be,  and  the  same  is  hereby  repealed :  Provided,  that  nothing 
herein  contained  shall  be  construed  to  impair  or  destroy  any  right  or 
remedy  which  the  mayor  and  commonalty  of  Alexandria  now  possess  or 
enjoy  to  or  concerning  any  debts,  claims  or  demands  against  any  person 
or  persons  whatsoever ;  or  to  repeal  any  of  the  laws  and  ordinances  of 
the  mayor  and  commonalty  of  the  said  town  now  in  force,  which  are  not 
inconsistent  vrith  this  act 

Appboved,  February  25, 1804. 


Duties  and 
powers  of  the 
commissioners. 

Common 
conncil  to  judge 
of  the  legality 
of  elections. 

May  make 
laws  and  roles 
for  its  own  or- 
der and  govern- 
ment. 

How  the  taxes 
of  absentees 
shall  be  collect- 
ed. 


Proviso. 


Proviso. 


Interfering 
acta  of  the  Vir- 
ginia   assembly 
repealed. 


Statute  I. 


Chap.  XVII. — Jtn  Jet  relating  to  the  recordings  regiatering  and  enrolling  tf  »hip8     Feb.  S6, 1804. 
or  veueU  in  the  dittrict  of  Or  Mine.  

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  Amenea  in  Congress  assenJbled,    That  any  ship  or  vessel 


260 


EIGHTH  CONGRESS.    S^s.  I.  Ch.  18.     1804. 


Vessel!  be- 
longiiiff  to  citi- 
zens of  the  Uni- 
ted Sutes,  re- 
siding  therein, 
or  to  persons 
inhabiting  the 
territory  ceded 
to  the  United 
States  by 
France,  entitled 
to  the  benefits 
of  vessels  of  the 
United  States. 


Proviso,  that 
the  c<^ector 
may.make  alter- 
ations  in  the 
form  of  the 
oaths,  ftc.,  to 
make  them  ap- 

iilicable  to  this 
aw. 


Oath  of  appli- 
cant. 


Inhabitants  of 
the  ceded  ter- 
ritory residents 
thereof  the  SOth 
AorU.lSOS,  en- 
titled, on  cer- 
tain conditions, 
to  all  the  privi. 
leges,  &c.  of 
owninff  ships, 
fcc.  ofthe  Uni- 
ted Sutes. 

Statdtk  I. 


possessed  of  and  sailing  under  a  Spanish  or  French  register,  and  belong- 
ing, on  the  twentieth  day  of  December,  one  thousand  eight  hundred  and 
three,  and  continuing  to  belong  wholly  to  any  citizen  or  citizens  of  the 
United  States,  then  residing  within  the  territories  ceded  to  the  United 
States,  by  the  treaty  of  the  thirtieth  of  April  one  thousand  eight  hundred 
and  three,  between  the  United  States  and  the  French  Republic,  or  to  any 
person  or  persons  being,  on  the  said  thirtieth  day  of  April,  an  inhabi- 
tant or  inhabitants  of  the  said  ceded  territories,  and  who  continue 
to  reside  therein,  and  of  which  the  master  is  a  citizen  of  the  United 
States,  or  an  inhabitant  as  aforesaid,  may  be  registered,  enrolled  and 
licensed  in  the  manner  prescribed  by  law ;  and  being  so  registered, 
enrolled  or  licensed,  shall  be  denominated  and  deemed  a  ship  or  vessel 
of  the  United  States,  and  entitled  to  the  benefits  granted  by  any  law  of 
the  United  States  to  ships  or  vessels  thereof.  Provided,  that  it  shall 
be  lawful  for  the  collector  to  whom  application  shall  be  made  for  a  cer- 
tificate of  registry,  enrolment  or  license  for  such  ship  or  vessel  by  any 
citizen  or  inhabitant  as  aforesaid,  to  make  such  variations  in  the  forms 
ofthe  oaths,  certificates,  and  licenses,  as  shall  render  them  applicable  to 
the  cases  herein  intended  to  be  provided  for :  And  promded  also,  that 
every  such  inhabitant  applying  as  aforesaid,  shall,  prior  to  his  being  en- 
titled to  receive  such  certificate  of  registery,  enrolment,  or  license, 
deposit  with  the  collector,  the  register  and  other  papers  under  which 
such  ship  or  vessel  had  been  navigated ;  and  also  take  and  subscribe, 
before  the  collector  (who  is  hereby  authorized  to  administer  the  same) 
the  following  oath :  I,  A.  B.,  do  swear  (or  affirm^  that  I  will  be  faithful 
and  bear  true  allegiance  to  the  United  States  of  America,  and  that  I  do 
entirely  renounce  and  abjure  all  allegiance  and  fidelity  to  every  foreign 
prince,  potentate,  state  or  sovereignty  whatever,  and  particularly  to  the 
king  of  Spain  and  the  French  Republic. 

Sec.  2.  And  be  U  jvriher  enacted.  That  the  inhabitants  of  the  said 
ceded  territory  who  were  residents  thereof  on  the  thirtieth  day  of  April, 
one  thousand  eight  hundred  and  three,  who  shall  take  the  oath  afore- 
said, and  who  continue  to  reside  therein,  or  citizens  of  the  United  States 
residents  of  said  ceded  territory,  shall  be  entitled  to  all  the  benefits  and 
privileges  of  owning  ships  or  vessels  of  the  United  States,  to  all  intents 
and  purposes,  as  if  they  were  resident  citizens  of  the  United  States. 

Approved,  February  25,  1804. 


March  3, 1804.     Chap.  XVIII. — An  Act  for  the  relief  of  certain  military  pensionen  in  the  »taie 
'  rf  South  Carolina, 


Certain  mili- 
tary  pensioners 
of  South  Caroli. 
na  to  he  placed 
on  the  books  of 
the  war  office, 
and  paid  as 
other    pension- 


A  certificate 
from  the  sUte 
of  South  Caroli. 
na  required  for 
entitling  anj 
person  to  the 
benefit  of  this 


Be  it  enacted  by  the  Senate  and  House  of  Rm^esentatives  ofthe  United 
States  of  America  in  Congress  assembled.  That  the  persons  to  whom 
military  pensions  have  been  heretofore  granted  and  paid  by  the  state  of 
South  Carolina,  in  pursuance  of  the  resolves  of  the  United  States  in  con- 
gress assembled,  for  the  payment  of  pensions  to  the  invalids  who  were 
wounded  and  disabled  durins  the  late  war  with  Great  Britain,  and  who 
have  not  been  placed  on  the  oooks,  in  the  office  ofthe  Secretary  for  the 
department  of  War,  shall  be,  and  the  same  hereby  are  directed  to  be 
placed  on  said  books,  and  their  said  pensions  shall  be  hereafter  paid  by 
the  United  States,  in  the  same  manner  as  to  other  pensioners  of  the 
United  States,  out  of  the  funds  already  appropriated  for  that  purpose. 

Sec.  2.  And  be  it  further  enacted.  That  in  placing  the  names  of 
pensioners  on  the  books,  pursuant  to  the  directions  contained  in  the 
foregoing  section,  the  Secretary  of  War  shall  be  guided  by  a  certificate 
from  the  state  of  South  Cardina,  when  the  same  shall  be  delivered  to 
him,  under  the  proper  authentications,  which  certificate  shall  specify 
the  names  of  pensioners  and  sums  of  pension;  and  likewise,  that  they 


EIGHTH  CONGRESS.    Ssss.  I.  Ch.  19.    1804. 


261 


lui?e  not  been  paid  since  March  the  fourth,  one  thousand  seven  hundred 
and  eighty-nine,  bj  said  state ;  which  certificate  shall  be  recorded  in  the 
books  of  the  department  of  war,  and  the  original  kept  on  file.  And 
each  officer,  nonr^ommissioned  officer,  and  soldier,  whose  name  shall 
be  placed  on  the  said  list  as  a  pensioner,  in  conformity  to  the  provisions 
of  this  act,  or  in  case  of  the  death  of  any  such  officer,  non-commissioned 
officer,  or  soldier,  his  heirs  or  legal  representatives  shall  receive  a  sum 
equal  to  the  arrears  of  his  pension,  which  shall  have  accrued  from  and 
after  the  fourth  day  of  March,  one  thousand  seven  hundred  and  eighty- 
nine,  until  the  passage  of  this  act,  or  until  the  death  of  such  pensioner, 
as  aforesaid,  as  the  case  may  be ;  which  arrearages  sliall  be  ascertained 
and  certified  by  the  register  of  the  treasury  in  the  same  manner,  and 
under  the  same  restrictions  as  are  contained  in  the  act  passed  the 
eleventh  day  of  August,  one  thousand  seven  hundred  and  ninety,  intituled 
<<An  act  for  the  relief  of  the  persons  therein  mentioned  or  described:'' 
Provided,  that  the  commuUtion  of  half-pay  which  may  ha^e  been  re- 
ceived by  any  commissioned  officer  entitled  to  a  pension,  as  aforesaid, 
diall  first  be  returned  by  such  officer  into  the  treasury  of  the  United 
States,  or  shall  be  deducted  from  the  arrears  of  pension  directed  to  be 
paid  by  this  act 

Appbovkd,  March  3, 1804. 


act!  certificate 
to  be  recorded 
at  the  war  of- 
fice. 

The  amonnt 
payable  to  the 
■everal  claim- 
anta,  and  the 
principleaofaet* 
Uement 


1790,  oh.  45. 
Proviao. 


Statute  I. 


Chap.  XIX.— ^n  Jid  to  allow  drawbackt  <f  dtUieg^  on  gooda^  wares  and  merchan-     March  3, 1804. 
dSfw  transported  by  land^  in  the  eaeea  therein  meniioned.(a)  

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  all  goods,  wares  and  mer- 
chandise duly  imported  into  either  of  the  districts  of  Boston  and  Charles- 
town,  Salem  and  Beverly,  Newburyport,  Ipswich  or  Marblehead,  in  the 
state  of  Massachusetts,  which  shall  fans  transported  by  inland  conveyance 
alonff  the  turnpike  or  other  main  road  into  another  of  the  said  districts, 
and  be  therefrom  exported  to  any  foreign  port  or  place,  shall  be  entitled 
to  the  benefit  of  a  drawback  of  the  duties  upon  such  exportation,  under 
the  same  provisions,  regulations,  restrictions  and  limitations,  as  if  the 
goods,  wares  and  merchandise  were  transported  coastwise  from  one  to 
another  of  the  said  districts,  and  also  upon  the  conditions  specified  in 
the  seventy-ninth  section  of  the  act,  intituled  "An  act  to  regulate  the 
collection  of  duties  on  imports  and  tonnage." 

Sec.  2.  And  be  it  further  enacted,  That  all  goods,  wares  and  mer- 
chandise duly  imported  into  the  district  of  Delaware,  may  be  transported 
to  the  same  places,  in  the  same  manner,  and  on  the  same  conditions 
with  goods,  wares  and  merchandise  duly  imported  into  the  districts  of 
Philadelphia,  New  York  or  Baltimore ;  and  shall,  in  like  manner,  be 
entitled  to  the  benefit  of  a  drawback  of  the  duties  thereon,  upon  expor- 
tation to  any  foreign  port  or  place,  agreeably  to  the  provisions  contained 
in  the  seventy-ninth  section  of  an  act,  intituled  "An  act  to  regulate  the 
collection  of  duties  on  imports  and  tonnage:"  and  that  all  gomls,  wares 
and  merchandise,  which  being  duly  imported  into  the  districts  of  Phila- 
delphia, New  York  or  Baltimore,  shall  be  exported  from  the  district  of 
Ddaware,  shall  also  be  entitled  to  the  benefit  of  a  drawback  of  the 
duties  on  the  same,  in  the  same  manner,  and  on  the  same  conditions 
which  are  prescribed  by  the  said  seventy-ninth  section  of  the  act  afore- 
said, for  goods,  wares  and  merchandise,  which  bein^  duly  imported  into 
Baltimore  or  New  York,  shall  be  exported  from  Philadelphia. 

Appeotsd,  March  3,  1804. 


Gooda  import- 
ed into  certain 
porta  and  trans- 
ported by  in- 
land convey- 
ance to  othera, 
and  thence  ex- 
ported, entitled 
to  drawbacks. 


Act  of  March 
2, 1799,  ch.  22. 

Good  a  im- 

Sorted  into  tlie 
istrictofDela. 
ware  entitled  to 
drawbacks  ai  in 
cases  of  export- 
ation, from 
Philadelphia, 

Act  of  March 
2, 1799,  ch.  22, 
aec.  79,   yoI.  i. 


(a)  See  aa  to  Drawbacks,  toI.  i.  p.  680,  687. 


EIGHTH  CONGRESS.    Sem.  1.  Cji.  20.     1804. 


Statute  I. 
Mttroh3,l804. 

[Obsolete.] 
Act   of  July 
14, 1798,  ch.  70. 
Act  of  March  1, 
1805,  ch.  20. 

Collectors  of 
the  direct  tax  to 
■end  transcripts 
of  their  sales  of 
of  land  for  non- 
payment of  tax 
to  the  supenri- 
sors  or  other  of- 
ficers acting  in 
their  stead. 

Contents  of 
the   transcripts. 


And    to    pay 
over  to  the 
same  officers 
■npr  monies  re- 
ceived by  them 
under  such 
sales,  and    be- 
longing to  ori- 
ginal propri- 
etors. 

Forfeiture  for 
failure  to  com- 
ply by  collector. 

Provision  in 
case  of  the  col- 
lector^s  neglect 
to  comply  with 
the  first  section. 

Lists  to  be 
furnished  by 
collectors. 


February  98, 
1799,  ch.  30. 

And  penalties 
upon    the    offi- 
cers upon 
whom  the  duty 
devolves  in 
that  case  for 
their  neglect  of 
it. 

Supervisors, 
ftc.  to  keep 
open  the  origi- 
nal   assessment 
books,   and   to 


Chap.  XX. — ^n  jici  further  to  amend  the  act  intituled  ^^An  act  to  lay  and  eulleet 
a  direct  tax  within  the  United  SiaieM.'Xa) 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled^  That  it  shall  be  the  duty  of 
the  collectors  of  the  direct  tax,  under  whose  direction,  or  by  whom  any 
tract  of  land  may  have  been  sold  for  non-payment  of  such  tax,  and 
where  the  time  limited  by  law  for  the  redemption  of  such  lands,  shall 
not  have  expired  before  the  passing  of  this  act,  to  transmit  within  three 
months  afler  the  passing  of  this  act,  correct  transcripts  of  the  lists  of 
all  the  tracts  of  land  or  lots,  which  have  been  sold,  either  in. whole  or 
in  part,  for  non-payment  of  the  said  tax  before  the  passing  of  this  act, 
to  the  supervisor  or  to  the  officers  to  whom  the  duties  of  supervisor  may 
have  been  transferred,  or  in  case  there  be  no  such  person,  to  the  mar- 
shal of  the  district  within  which  such  lands  may  lie ;  and  the  said  col- 
lectors shall  likewise  transmit  to  the  same  officer,  within  three  months 
after  the  completion  of  any  sale  made  subsequent  to  the  passing  of  this 
act,  similar  transcripts  of  the  lists  of  all  the  tracts  of  land  or  lots  which 
shall,  after  the  passing  of  this  act,  be  sold,  either  in  whole  or  in  part, 
for  non-payment  of  the  said  tax,  which  several  transcripts  shall,  in  every 
case,  specify  the  tract  or  lot  sold,  in  whole  or  in  part,  the  quantity  of 
land  which  has  been  sold ;  the  time  when  sold ;  the  amount  of  tax, 
charges  and  costs  for  which  it  was  sold,  and  the  amount  paid  by,  and 
the  name  of  the  purchaser ;  and  shall  also  designate  all  those  tracts  or 
lots  which  shall  have  been  redeemed  by  the  original  prq)rietorB,  or  for 
their  benefit,  in  conformity  with  the  provisions  for  that  purpose  hereto- 
fore enacted :  and  it  shall  also  be  the  duty  of  the  said  collectors  to  pay 
over,  within  the  time  aforesaid,  to  the  officer  to  whom  the  above  men- 
tioned transcripts  may  have  been  transmitted,  the  amount  of  all  the 
monies  paid  to  them  by  or  for  the  benefit  of  any  original  proprietor  of 
lands  or  lots  sold  for  non-payment  of  the  tax,  and  subsequent  to  such 
sale  redeemed  in  conformity  with  law,  by  or  for  such  proprietor,  which 
shall  not  at  the  time  of  transmitting  the  said  transcripts,  have  been  re- 
paid by  such  collector  to  the  purchaser  of  such  land  or  lots.  And  any 
collector  failing  to  comply  with  the  provisions  of  this  section,  or  with 
any  of  them,  shall  forfeit  and  pay  the  sum  of  one  thousand  dollars  with 
costs  of  suit 

Sec.  2.  And  be  it  further  etiacted,  That  if  any  collector  shall  fail  to 
transmit  the  transcripts  required  by  the  first  section  of  this  act,  within 
the  time  aforesaid,  it  shall  be  the  duty  of  the  supervisor,  officer  acting 
as  supervisor,  or  marshal,  as  the  case  may  be,  of  the  district  within 
which  the  collection  district  of  such  collector  may  be,  to  prepare  within 
six  months  after  the  passing  of  this  act,  from  the  lists  or  such  other 
documents  as  may  be  in  his  possession,  a  similar  transcript  of  the  list 
of  lands  which  such  collector  had  by  virtue  of  the  second  section  of  the 
act,  intituled  "An  act  to  amend  an  act,  intituled  An  act  to  lay  and 
collect  a  direct  tax  within  the  United  States,"  been  authorized  to  sell 
for  non-payment  of  the  said  tax ;  which  list  shall  likewise  specify  in 
every  case,  the  tract  or  lot  described  in  the  original  assessment,  and  the 
amount  of  tax,  charges  and  costs  for  which  it  was  liable  to  be  sold ;  and 
any  supervisor,  officer  acting  as  supervisor,  or  marshal,  as  the  case  may 
be,  failing  to  comply  with  the  provisions  of  this  section  shall  forfeit  and 
pay  the  sum  of  five  hundred  dollars  with  costs  of  suit 

Sec.  3.  And  be  it  further  enacted.  That  it  shall  be  the  duty  of  the 
supervisors,  officers  acting  as  supervisors,  or  marshals,  as  the  case  may 
be,  to  exhibit  the  before  mentioned  transcripts,  whether  transmitted  by 
the  collector,  or  prepared  by  themselves ;  and  also,  to  keep  open  the 


(It)  Notes  to  act  of  July  9, 1798,  chap.  70^  yoI.  i.  580. 


EIGHTH  CONGRESS.    Sess.  I.  Ch.  20.     1804. 


5>G3 


original  assessment  lists,  and  whenever  required  within  the  time  limited 
by  law  for  the  redemption  of  lands,  or  lots,  thus  sold,  to  any  person 
wishing  to  ascertain  whether  any  tract  of  land  or  lot  has  been  sold  for 
DOD-payment  of  the  tax,  to  receive,  within  the  same  period,  from  any 
person  tendering  the  same,  the  amount  of  the  tax,  charges  and  costs  for 
which  any  such  tract  of  land  or  lot  has  been  sold,  with  the  interest  which 
shall  have  accrued  on  the  same  as  fixed  by  law,  and  execute  a  receipt 
fOT  the  same ;  which  payment,  by  whomsoever  made,  shall  always  be 
considered  to  be  made  for  the  benefit  of  the  original  proprietor ;  and  to 
pay  over,  at  any  time,  within  the  same  period,  when  applied  for,  the 
monies  and  Interest  received  from,  or  for  any  original  proprietors,  who 
shall  have  availed  themselves  of  the  right  of  redeeming  their  lands, 
agreeably  to  law,  to  the  person  who  may  have  purchased  the  tract  of 
land  or  lot,  so  redeemed,  when  the  same  was  sold  for  non-payment  of 
the  tax,  or  to  the  representative  of  such  person. 

Sec.  4.  And  be  it  further  enacted,  That  it  shall  be  the  duty  of  the 
said  supervisor,  person  acting  as  supervisor,  or  marshal,  as  the  case  may 
be,  to  file,  at  the  end  of  two  years  after  the  completion  of  the  sales  of 
lands  sold  within  their  district,  for  non-payment  of  the  direct  tax,  with 
the  clerk  of  the  district  court  within  whose  district  such  lands  may  lie, 
correct  transcripts,  similar  to  those  prescribed  by  the  first  section  of  this 
act,  of  the  lands  or  lots  sold  in  whole,  or  in  part,  for  non-payment  of 
the  direct  tax,  and  which  shall  not  have  been  redeemed  by,  or  for,  the 
original  proprietor  within  the  said  two  years ;  and  also  to  pay  into  the 
derk's  office  of  the  said  court,  for  the  use  of  the  purchaser  or  his  repre- 
sentatives, any  monies  remaining  in  their  hands  which  shall  have  been 
paid  by  such  original  proprietors,  as  shall  have  availed  themselves  of  the 
right  of  redemption :  and  it  shall  also  be  the  duty  of  the  said  supervisors, 
officers  acting  as  supervisors,  or  marshals,  as  the  case  may  be,  when 
any  collector  shall  have 'failed  to  transmit  to  them,  or  any  of  them,  the 
transcripts  of  the  lists  of  lands  sold  for  non-payment  of  the  tax,  as 
required  by  the  first  section  of  this  act,  to  file  with  the  clerk  of  the  said 
district  court  the  receipts  given  by  such  collector,  either  for  the  purchase 
money  of  lands  or  lots,  thus  sold,  to  the  purchasers,  or  for  the  redemption 
of  the  same,  to  original  proprietors  which  shall  have  been  delivered  by 
the  purchasers,  or  original  proprietors,  as  the  case  may  be,  of  lands,  or 
lots,  thus  sold,  to  the  said  supervisors,  officers  acting  as  supervisors,  or 
marshals,  in  the  manner,  and  within  the  time  prescribed  by  this  act. 

Sec.  5.  And  he  it  further  enacted^  That  the  several  marshals,  for 
the  time  being,  of  the  said  district  courts  shall  alone  have  the  authority 
in  all  cases  where  the  time  limited  by  law  for  the  redemption  of  lands 
sold,  shall  not  have  expired  before  the  passing  of  this  act ;  and  they  are 
hereby  authorized  and  required  to  execute  deeds  for  so  much  oS  the  said 
lands  and  lots  as  shall  have  been  sold  to  satisfy  the  amount  of  the  direct 
tax,  charges  and  costs  due  thereon,  and  which  shaU  not  have  been 
redeemed  by  or  for  the  original  proprietor,  within  the  time  limited  by 
law,  to  the  purchasers  of  such  lands  or  lots,  or.  their  legal  representa- 
tives :  Provided  however,  and  it  is  further  enacted.  That  no  such  deed 
shall  be  executed  except  for  lands  or  lots  contained  in  the  transcripts 
filed  with  the  clerk  of  the  proper  district  court,  in  conformity  with  the 
preceding  section,  or  unless  the  purchaser  of  any  tract  of  land  or  lot, 
sold  for  non-payment  of  the  tax,  shall  have  filed  within  three  months 
after  the  passing  of  this  act,  or  within  three  months  after  such  sale,  with 
the  supervisor,  officer  acting  as  supervisor  or  marshal,  as  the  case  may 
be,  a  receipt  from  the  collector  for  the  purchase  money,  dated  within 
thirty  days  subsequent  to  such  sale,  and  specifying  distinctly,  the  original 
description  of  the  land  assessed  and  the  quantity  sold :  And  provided 
oho,  that  no  such  deed  shall,  in  any  case,  be  executed  for  any  land  pur- 
chased by  or  for  a  collector  of  the  direct  tax,  and  not  contained  in  the 


receive,  tnd  to 
paj  over  to  par- 
chaser*  the 
amount  paid  by 
them  for  pro- 
perty  sold  on 
account  of 
taxea. 


Limitation  of 
time  in  which 
proprietor*  in 
this  way  may 
redeem 


Superriaore, 
&c.    to    lodge 
transcripts    of 
lands  sold  for 
non-payment  of 
tax  in  the  clerks' 
offices  of  their 
districts : 


and  to  pay  into 
the  said  offices 
the  money  re- 
ceiYed  from  the 
original  proprie- 
tors, to  reoeem 
their  lands  for 
the  parchasers. 
Duty  of  the 
supenrisors,  ftc. 
in  case  of  the 
failure  of  the 
collectors  to 
furnish  the  tran- 
scripts prescrib- 
ed by  the  first 
section. 


Marshals  in 
certain  cases  to 
execute  deeds 
for  lands  sold, 
and  not  redeem- 
ed. 


No  deed  to 
be  executed  ex- 
cept for  lands 
or  lots  in  the 
transcripts. 


ProYiso. 


364 


EIGHTH  CONGRESS.    Sess.  I.  Cu.  21.     1804. 


CoUecton  to 
be  uiwerable 
to    porchMen 
for  any  excen 
paid   by  them 
over  the  lands 
they  receiye : 
lands  to  be  con- 
▼ejed  ascer- 
tained by  the 
ratio  of  tax  and 
land  sold. 


Proviso. 


Fees  for  ser- 
▼iees  nnder  this 
act. 


transcript  filed  with  the  clerk  of  the  district  court ;  nor  for  any  land, 
although  not  returned  as  redeemed  by  the  collector,  which  shall  appear 
by  a  certificate,  or  receipt  of  the  said  collector,  filed  with  the  supervisor, 
or  ofiicer  acting  as  supervisor  or  marshal,  as  the  case  may  be,  before  the 
completion  of  two  years  after  the  sale  of  such  land,  and  filed  by  such 
ofiicer  with  the  clerk  of  the  court,  in  conformity  with  the  preceding 
section,  to  have  been  redeemed  by  or  for  the  original  proprietor  by  pay- 
ment of  the  tax,  charges,  costs  and  interest  to  the  said  collector  previous 
to  the  time  limited  by  the  first  section  of  this  act,  for  the  transmission 
of  transcripts  by  the  collectors  of  the  direct  tax. 

Sec.  6.  Andbe[it]Jiirther  enacted,  That  where  any  lot  or  tract  of 
land  shall  have  been  sold  before  the  passing  of  this  act,  for  non-payment 
of  the  direct  tax,  and  for  a  larger  sum  than  the  amount  of  such  tax, 
with  the  legal  charges  and  costs,  the  collector  of  the  said  tax  shall  be 
accountable  to  the  purchaser  for  the  excess  of  money  paid  by  such  pur- 
chaser beyond  the  amount  of  such  tax,  charges,  and  costs :  and  deeds 
shall  be  executed  in  favour  of  such  purchasers,  only  for  so  much  of  the 
land  as  shall  bear  the  same  ratio  to  the  whole  quantity  of  land  sold,  as 
the  amount  of  the  tax,  charges  and  costs  bear  to  the  sum  for  which  the 
land  was  sold :  and  whenever  a  deed  shall  be  executed  for  a  part  only 
of  any  tract  of  land,  not  described  previous  to  the  sale,  such  part  shall 
be  laid  off  at  the  expense  of  the  purchaser,  under  the  direction  of  the 
district  court,  and  in  conformity  with  the  instructions  given  to  the  col- 
lector, by  the  supervisor,  or  ofiicer  acting  as  supervisor,  respectinv  the 
sales  of  lands  sold  for  non-payment  of  the  direct  tax :  Provideel,  that 
hereafter  it  shall  not  be  lawful  for  any  collector  of  the  said  tax,  to  sell 
more  of  any  lot  or  tract  of  land  than  will  pay  the  amount  of  such  tax, 
with  the  legal  charges  and  costs. 

Sec.  7.  And  be  U  Jvriher  enacted.  That  for  the  services  prescribed 
by  this  act,  the  following  fees  shall  be  allowed  and  paid  by  the  parties 
respectively,  that  is  to  say : 

To  every  supervisor  for  examining  the  transcripts  of  land  sold,  twenty- 
five  cents :  for  receiving  payment  of  the  tax,  charges  and  costs  for  which 
any  tract  of  land,  or  lot,  may  have  been  sold  in  whole,  or  in  part,  fifty 
cents  ;  and  for  filing  a  certificate  or  receipt  of  the  collector,  deposited 
by  the  purchaser,  or  original  proprietor,  six  cents. 

To  the  marshal  of  the  court,  one  dollar  for  preparing  and  executing 
a  deed. 

Approybd,  March  3,  1804. 


Statutx  I. 

March  14, 1804. 

[Obsolete.] 
For  what  pnr- 
poses  appropri- 
ations made. 


Chap,  XXL-^n  Jtei  making  appropriatiana  for  the  aupport  of  government,  for 
the  year  one  thoueand  eight  hundred  ana  four. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  for  the  expenditure  of 
the  civil  list  in  the  present  year,  including  the  contingent  expenses  of 
the  several  departments  and  ofilicers ;  for  the  compensation  of  the  several 
loan  ofiicers  and  their  clerks,  and  for  books  and  stationery  for  the  same ; 
for  the  payment  of  annuities  and  grants;  for  the  support  of  the  mint 
establishment ;  for  the  expenses  of  mtercourse  with  foreign  nations ;  for 
the  support  of  lighthouses,  beacons,  buoys  and  public  piers;  and  for 
satisfying  certain  miscellaneous  claims,  the  following  sums  be,  and  the 
same  hereby  are  respectively  appropriated ;  that  is  to  say : 

For  compensations  granted  by  law  to  the  members  of  the  Senate  and 
House  of  Representatives,  their  officers  and  attendants,  estimated  for  a 
session  of  four  months  and  a  half  continuance,  one  hundred  and  ninety- 
eight  thousand  nine  hundred  and  sixty-five  dollars. 

For  the  expense  of  firewood,  stationery,  printing,  and  all  other  con- 
tingent expenses  of  both  bouses,  including  the  expense  of  printing  the 


EIGHTH  CONGRESS.    Sxas.  I.  Ch.  21.    1604.  205 

President'a  message  of  the  twenty-third  of  December,  one  thousand        Specific  ap. 
eight  hundred  and  two,  with  the  accompanying  documents,  thirty-two  p«>pri*tioai. 
thousand  seven  hundred  dollars. 

For  the  purchase  of  books  for  the  use  of  both  houses  of  Congress,  the 
ludance  of  the  former  appropriation  being  carried  to  the  cre£t  of  the 
surplus  fund,  two  thousand  seven  hundr^  and  three  dollars  and  five 
cents. 

For  furniture  for  the  House  of  Representatives,  being  an  expense 
incurred  in  the  year  one  thousand  eight  hundred  and  three,  twelve  hun- 
dred dollars. 

^or  compensation  to  the  President  and  VLoe  President  of  the  United 
States,  thirty  thousand  dollars. 

For  compensation  to  the  Secretary  of  State,  clerks  and  persons  em- 
ployed in  that  department,  eleven  thousand  three  hundred  and  sixty 
dollars. 

For  the  incidental  and  contingent  expenses  in  the  said  department, 
four  thousand  eight  hundred  doUara 

For  printing  and  distributing  copies  of  the  laws  of  the  first  session  of 
the  eighth  Congress,  and  printing  the  laws  in  newspapers,  eight  thousand 
two  hundred  and  fifly  dollars. 

For  compensation  to  the  Secretary  of  the  Treasury,  clerks  and  per- 
sons employed  in  his  office,  including  those  engaged  on  the  business 
belonging  to  the  late  office  of  the  commissioner  of  the  revenue,  fourteen 
thousand  and  ninety-two  dollars  and  eighty-seven  cents. 

For  expenses  of  translating  foreign  languages,  allowance  to  the  per- 
son employed  in  receiving  and  transmitting  passports  and  sea  letters, 
stationery  and  printing,  one  thousand  dollars. 

For  compensation  to  the  comptroller  of  the  treasury,  clerks  and  per- 
sons employed  in  his  office,  twelve  thousand  nine  hundred  and  seventy- 
seven  doUars  and  eight  cents. 

For  expense  of  stationery,  printing,  and  incidental  and  contingent 
expenses  in  the  comptroller's  office,  ei^ht  hundred  dollars. 

For  defraying  the  expense  of  prqwring  new  certificates  of  registry  for       1803,  eh.  18. 
ships  and  vessels,  in  conformity  with  the  law  of  the  second  of  March, 
one  thousand  eight  hundred  and  three,  four  thousand  five  hundred 
dollars. 

For  compensation  to  the  auditor  of  the  treasury,  clerks  and  persons 
employed  in*  his  office,  twelve  thousand  two  hundred  and  twenty  dollars 
and  ninety-three  cents. 

For  expense  of  stationery,  printing,  and  incidental  and  continffent 
eq>ense8  in  the  office  of  the  auditor  of  tne  treasury,  five  hundred  ddlars. 

For  compensation  to  the  treasurer,  clerks  and  persons  employed  in 
his  office,  six  thousand  two  hundred  and  twenty-seven  dollars  and  forty- 
five  cents. 

For  the  expense  of  stationery,  printinff,  and  incidental  and  contingent 
expenses  in  the  treasurer's  office,  three  hundred  dollar^. 

For  compensation  to  the  register  of  the  treasury,  clerks  and  persons 
employed  in  his  office,  sixteen  thousand  and  fifly-two  dollars. 

For  expense  of  stationery  and  printing,  (including  books  for  the  public 
stock  and  for  the  arrangement  of  the  marine  papers)  two  thousand  eight 
hundred  dollars. 

For  the  expense  of  printing  and  transmitting  the  certificates  of  the 
six  per  cent,  stock,  created  by  virtue  of  the  act  of  the  tenth  of  Novem- 
ber, one  thousand  eight  hundred  and  three,  one  thousand  five  hundred 
dollars. 

For  compensation  to  the  secretary  of  the  commissioners  of  the  sink- 
ing fund,  two  hundred  and  fifty  dollars. 

For  compensation  of  the  clerks  employed  for  the  purpose  of  making 
drafts  of  the  several  surveys  of  land  in  the  territory  of  the  United  States, 

Vol.  n.--34  Z 


356 


EIGHTH  CONGRESS.    Sbss.  I.  Ch.  15.    1804. 


Who  shall 

TOt«. 


Who  shall 
Dot  Yote. 


Election  to  be 
held  first  Tues- 
day  in  March  an- 
nual]/. 


Meetins  of 
councils  ued. 


Common 
council  to 
choose  a  presi- 
dent fh>m  its 
own  body. 

His      powers 
and  duty. 


The  length  of 
time  limited  for 
the  authority  of 
the  council. 

The  common 
council  created 
a  body  politic. 


Its  powers 
and  authorities. 


All  the  es. 
tate,  rights  and 
credits  of  the 
mayor  and  com- 
monalty Tested 
in  the  common 
council. 


resources,  shall  constitute  a  general  fund,  to  be  appropriated  as  the  com* 
mon  council  shall  direct 

Sec.  2.  Be  U  Jvrther  enacted.  That  every  free  white  male  citizen  of 
full  age,  who  shall  be  bona  fide  seised  of  a  freehold  estate  in  the  town 
of  Alexandria,  or  who  shall  have  resided  in  the  town  aforesaid  for  the 
space  of  one  year,  and  have  been  a  housekeeper  therein  for  the  space  of 
three  months  next  preceding  the  day  of  the  election,  and  who  shall  have 
been  within  that  time  charged  with  any  tax  upon  the  public  books,  and 
shall  have  paid  such  tax,  shall  be  qualified  to  vote  for  members  to  serve 
in  the  common  council  of  the  said  town,  and  no  other  person  shall  exer- 
cise the  right  of  suflfrage ;  and  the  persons  qualified,  as  aforesaid,  to  vote, 
shall  meet  at  some  convenient  place  in  the  ward  in  which  they  respectr 
ively  reside,  and  elect  by  ballot  four  persons  for  the  representatives  of 
such  ward  in  the  common  council,  out  of  the  firee  white  male  citizens 
who  shall  have  arrived  to  the  age  of  twenty-one  years,  and  shall  have 
resided  in  the  town  of  Alexandria  three  years,  and  in  the  ward  for  which 
he  shall  be  elected,  for  the  space  of  three  months  immediately  preceding 
the  election,  and  shall  moreover  be  seised  of  an  estate  of  freehold  in  the 
said  ward,  and  be  a  housekeeper  therein.  And  that  the  said  election 
shaD  be  held  on  the  first  Tuesiday  of  March,  in  every  year,  by  three  com- 
missioners to  be  appointed  in  each  ward  for  that  purpose  by  the  mayor 
and  commonalty  for  the  ensuing  election,  and  afterwards  by  the  com- 
mon council,  which  .appointment  shall  be  at  least  ten  days  before  the 
day  of  each  election,  except  in  regard  to  the  first  election  to  be  held 
under  this  act.  The  election  for  the  ensuing  year  shall  be  held  at  such 
place,  in  each  ward,  as  shall  be  fixed  on  by  the  mayor  and  commonalty, 
and  thereafter  shall  be  held  at  such  place  as  shall  be  appointed  by  the 
common  council,  of  which  public  notice  shall  be  given. 

Sec.  3.  Be  it  Jurther  enacted.  That  the  members  of  the  common 
council,  elected  as  aforesaid,  or  any  twelve  of  them,  shall,  within  seven 
days  after  their  election  in  each  year,  assemble  themselves  at  the  court- 
house, or  any  other  place  which  shall  be  hereafter  fixed  for  their  meet^ 
ing,  and  shall  choose  one  of  their  body  to  be  president  of  the  said  common 
council,  to  whom  shall  be  administered,  by  any  justice  of  the  peace  in  the 
county  of  Alexandria,  an  oath  or  affirmation  for  the  faithful  discharge 
of  the  duties  of  his  office ;  whereupon  the  president  of  the  said  common 
council  shall  administer  the  oath  of  office  to  the  other  members  of  the 
said  council,  and  shall  have,  while  the  council  is  in  session,  the  same 
power  which  is  at  present  exercised  by  the  mayor,  upon  the  like  occasion ; 
and  he  shall  convene  the  council  whenever  in  the  opinion  of  foiu*  of  the 
members  expressed  to  him  in  writing,  or  whenever  in  his  opinicm  the 
good  of  the  town  may  require  it:  and  the  authority  of  the  said  common 
council  shall  continue  one  year  from  the  day  of  their  election,  and  until 
others  are  chosen  and  qualified  in  their  stead,  and  no  longer.  That  the 
common  council  so  elected,  and  those  thereafter  to  be  elected,  and  their 
successors,  shall  be  and  hereby  are  made  a  body  politic  and  corporate, 
by  the  name  of  the  Common  Council  of  Alexandria ;  and  by  the  said 
name  shall  have  perpetual  succession,  with  capacity  to  purchase,  pos- 
sess and  enjoy  lands  and  tenements,  and  goods  and  chattels,  either  in 
fee  or  lesser  estate  therein,  and  the  same  to  give,  grant,  let,  sell,  assign 
or  transfer ;  and  to  plead  and  be  impleaded,  prosecute  and  defend  all 
causes,  complaints,  actions  real,  personal  or  mixed,  and  to  have  one 
common  seal,  and  perpetual  succession.  And  all  the  estate,  riohtfl,  and 
credits,  now  vested  in  the  mayor  and  commonalty  of  the  town  of  Alexan- 
dria, shall  be  vested  in  the  said  common  council,  when  elected,  and  may 
be  recovered  in  their  name  for  the  use  of  the  said  town,  and  in  like 
manner  all  claims  and  demands  against  the  mayor  and  commonalty  of 
Alexandria,  prior  to  the  operation  of  the  present  act,  may  be  prosecuted 
and  recovered  against  the  aforesaid  common  council;   and  process 


EIGHTH  CONGRESS.    Sess.  I.  Ch.  15.    1804 


257 


serred  upon  the  president  of  the  common  council,  shall  be  deemed  suf- 
ficient 

Sjbc.  4.  Be  it  fwriher  enacted.  That  the  jurisdiction  of  the  said  com- 
mon council  shaU  extend  to  the  limits  heretofore  prescribed  by  law,  and 
exercised  by  the  mayor  and  commonalty.  The  concurrence  of  a  majo- 
rity of  the  whole  number  of  members  dected  into  the  common  council, 
shall  be  necessary  for  the  passing  of  any  law,  order,  or  resolution,  or  for 
repealing,  altering,  or  revdcing  the  same. 

Sbc.  5.  Be  iifirther  enacted,  That  the  said  common  council  shall  have 
power  to  erect  and  repair  workhouses,  houses  of  correction,  and  other 
public  buildings,  for  the  benefit  of  the  said  town ;  to  pave,  make  and  repair 
the  streets  and  highways;  to  make  all  laws  which  they  shall  conceive  re- 
quisite for  the  preservation  of  the  health  of  the  inhabitants,  and  for  the 
regulation  of  the  morals  and  pdice  of  the  said  town,  and  to  enforce  the 
olMervance  of  their  said  laws,  by  reasonable  penalties  and  forfeitures,  to 
be  levied  upon  the  goods  and  chattels  of  the  offender ;  and  they  shall 
have  power  to  raise  money  by  taxes,  for  the  use  and  benefit  of  the  said 
town :  Provided,  that  such  laws  shall  not  be  repugnant  to,  or  inconsis- 
tent with  the  laws  and  constitution  of  the  United  States.  The  said 
common  council  shall,  whenever  they  deem  it  proper,  have  power  to 
open,  extend,  regulate,  pave,  and  improve  the  streets,  within  the  limits 
(^  the  said  town :  Provided,  they  make  to  the  person  or  persons  who 
may  be  injured  by  such  extension,  just  and  adequate  compensation  out 
of  the  funds  of  the  corporation,  to  be  ascertained  by  the  verdict  of  an 
impartial  jury,  in  like  manner  as  has  been  usual  in  other  cases,  where 
private  property  has  been  condemned  for  public  use.  They  shall  have 
power  to  hold  and  keep  within  the  said  town,  market  days  in  every  week, 
and  from  time  to  time,  to  appoint  a  clerk  of  the  market,  who  shall  do 
and  perform  aU  things  belonging  to  the  ofiice  of  clerk  of  the  market 
within  the  said  town,  according  to  the  rules  and  regulations  which  they 
shall  prescribe.  They  shall  have  power  to  pass  all  laws  not  inconsistent 
with  the  laws  of  the  United  States,  which  they  may  conceive  requisite 
for  the  prevention  and  removal  of  nuisances,  and  to  appoint  a  superin- 
tendent of  police,  commissioners,  and  surveyors  of  the  streets,  constables, 
collectors  of  the  taxes,  and  all  other  officers  who  may  be  deemed  neces- 
sary for  the  execution  of  their  laws,  who  shall  be  paid  for  their  services 
a  reasonable  compensation,  and  whose  duties  and  powers  shall  be  pre- 
scribed in  such  manner  as  the  common  council  shall  deem  fit  for  carry- 
ing into  execution  the  powers  hereby  granted. 

Sec.  6.  Be  it  JurtJur  enacted.  That  the  jurisdiction  of  the  said 
common  council  shall  extend  over  the  harbor  of  Alexandria,  and  over 
vessels  of  every  description  which  may  arrive  and  be  in  the  harbor,  or  be 
at  anchor  in  any  part  of  the  river  Potomac  below  Pearson's  island,  and 
within  the  district  of  Columbia,  for  the  purpose  of  preventing  and 
removing  all  nuisances,  and  such  other  subjects  or  things  being  on 
board  any  such  vessel,  as  may  be  prejudicial  to  the  health  of  the  town, 
and  for  no  other  purpose.  And  also,  their  jurisdiction  shall  extend 
over  the  house  lately  built  in  the  vicinity  of  the  town  for  the  accommo- 
dation of  the  poor  and  others,  and  over  the  ten  acres  of  ground  thereto 
belonging,  and  over  all  persons  who  may  be  sent  or  placed  there  by  the 
consent  or  authority  of  the  common  council,  and  on  their  way  to  and 
firom  the  same,  until  they  be  regularly  discharged:  Provided,  that 
paupers  and  other  persons  shall  not  be  considered  as  having  thereby 
gained  a  residence  in  the  county,  so  as  to  become  chargeable  thereto. 

Sbc.  7.  Be  it  further  enacted.  That  the  common  council  shall, 
annually,  at  their  first  meeting  afler  their  own  election  and  qualification, 
choose  by  ballot  a  fit  and  able  man,  having  the  qualifications  herein  afler 
directed,  to  be  mayor  of  the  town,  which  choice  shall  be  made  by  a 
majority  of  the  whole  number  of  members  of  the  said  common  council, 

Vol..  TT.— 33  y  2 


Extent  of  the 
common  coun- 
cil*! jurudic- 
tion. 

The  concor- 
rence  of  a  ma- 
jority of  all  tlie 
membenneces- 
■ary  to  the  pas- 
sing of  a  law, 
&c.  &c. 

Powers  of  the 
council  defi- 
ned. 


Proviso. 


ProTiso. 


Powers  of  the 
common  coun- 
cil. 


Further  defi. 
nition  of  the 
powers  of  the 
common  coun- 
cil. 


A  mayor  to  be 
annually  chosen 
by  a  Yote  of  the 
common  conn- 
cU. 


258 


EIGHTH  CONGRESS.    Scss.  I.  Cii.  15.    1804. 


The  president 
of  the  council 
to  decide  the 
election  in  cue 
the  council  ii 
equally  divided. 

The  time  for 
which  the  may- 
or ahall  hold 
hia  office. 

To    Uke    an 
oath  of  office. 

Hia  powera 
and  dutiea. 


To  receive  a 
compenaation 
for  hia  aenricea. 

Hia  qualifica- 
tions. 


Proviaion  in 
caae  of  the  re. 
fuaal,  kc.  &c. 
of  the  mayor  to 
serve. 

Common 
council  to  have 
vacanciea   in 
their  own  body 
aupplied^   and 
how. 

In  the  tem- 
porary absence, 
&c.  &c.  of  the 
mayor,  the  pre- 
sident of  the 
council  to  aup- 
ply  hia  place> 

Mayor  to  aign 
the  bUls  of 
which  he  ap- 
proves, or  to  re- 
turn those  to  the 
council  of  which 
he  does  not  ap- 
prove,  with  hia 
objectiona  in 
writing. 

How  paased. 

Copies  of  the 
actaofthecoun. 
cil  to  be  print- 
ed. 


Oath  of  the 
commiaaionera 
for  holding  the 
electiona  pre- 
scribed. 


unless  the  whole  number  of  members  be  equally  divided  between  two 
persons,  in  which  case  one  of  those  two  persons  shall  be  immediately, 
by  the  vote  of  the  president  of  the  coimcil,  elected.  The  mayor  shall 
hold  his  office  for  one  year,  from  the  time  of  his  election,  and  until 
a  successor  is  chosen  and  qualified  in  his  stead.  At  the  expiration 
of  which  period  he  may  be  re-elected  for  two  years  thereafter  in  sue* 
cession,  and  no  longer  until  he  shall  have  been  out  of  office  for  one 
year.  He  shall,  before  he  enters  upon  the  duties  of  his  office,  take  an 
oath  or  affirmation,  in  the  presence  of  the  council,  faithfully  to  execute 
his  said  office,  which  shall  be  recorded  in  their  book  of  proceedings. 
He  shall  see  that  the  laws  of  the  corporation  be  duly  executed,  and  shall 
report  the  negligence  or  misconduct  of  any  officer  to  the  common  council, 
who,  on  satisfactory  proof  thereof,  may  remove  from  office  the  said  delin- 
quent, or  take  such  other  measures  thereupon,  as  shall  be  just  and  lawful. 
He  shall  have  power  to  convene  the  common  council  when,  in  his  opinion, 
the  good  of  the  community  may  require  it,  and  he  shall  lay  before  the  coun- 
cil, mm  time  to  time,  in  writing,  such  alterations  in  the  laws  of  the  corpo- 
ration, as  he  shall  deem  necessary  or  proper.  He  shall  have  and  exercise 
all  the  powers  of  a  justice  of  the  peace  within  the  said  town,  and  shall 
receive  for  his  services,  annually,  a  just  and  reasonable  compensation,  to 
be  allowed  and  fixed  by  the  common  council,  which  shall  not  be  increased 
or  diminished  during  the  period  for  which  he  shall  have  been  elected. 
Any  person  shall  be  elegible  to  the  office  of  mayor,  who  is  a  white  male 
citizen  of  the  United  States,  who  shall  have  attained  to  the  age  of  thirty 
years,  and  shall  be  the  bona  fide  owner  of  a  freehold  estate  in  the  said 
town,  and  shall  have  been  a  resident  in  the  town  of  Alexandria  five 
years  immediately  preceding  his  election,  and  no  other  person  shall  be 
elegible  to  the  said  office. 

Sec.  8.  Be  it  fta-ther  enacted,  That  in  case  of  the  refusal  of  any 
person  to  accept  the  office  of  mayor  upon  his  election  thereto,  or  of  hia 
death,  resignation,  inability  or  removal,  the  common  council  shall  elect 
another  in  his  place  to  serve  the  remainder  of  the  year.  The  common 
council  shall  have  power  to  supply  vacancies  in  their  own  body,  by  causing 
elections  to  be  made  in  manner  herein  before  directed,  out  of  the 
citizens  qualified  to  fill  the  said  office  in  the  ward  in  which  such  vacan- 
cies shall  have  happened ;  and  may,  in  the  absence  of  the  president, 
elect  a  president  pro  tempore.  In  case  of  the  temporary  inability  or 
absence  of  the  mayor,  the  president  of  the  common  council  shall  per- 
form all  the  duties  of  the  mayor,  that  may  be  required  to  be  performed 
during  his  absence  or  inability,  and  in  case  of  vacancy  in  the  said  office, 
he  shall  perform  the  duties  thereof,  until  a  new  election  shall  be  made. 

Sec.  9.  And  be  it  Jurther  enacted,  That  the  acts  of  the  common 
council  shaU  be  signed  by  the  president  of  the  common  council,  and 
shall  be  presented  to  the  mayor  for  his  approbation,  who,  if  he  objects 
thereto,  shall,  within  three  days  after  it  shall  be  presented  to  him  for  his 
assent,  return  it  to  the  common  council  with  his  objections  in  writing, 
and  if  a  majority  of  the  whole  council  shall  be  of  opinion  that  the  law 
ought  to  be  passed,  it  shall,  notwithstanding  the  objections  of  the  mayor, 
become  a  law,  and  he  shall  sign  the  same ;  but  if  the  mayor  shall  not 
return  his  objections  to  the  same,  within  three  days,  to  the  said  council, 
it  shall  become  a  law,  and  shall  be  signed  by  him.  The  clerk  of  the 
council  shall  record,  in  a  book  to  be  kept  by  him  for  that  purpose,  all 
the  laws,  orders  and  resolutions  which  shall  be  passed,  as  aforesaid,  and 
deliver  a  copy  of  them  to  the  public  printer,  to  be  printed  for  the  informa- 
tion of  the  people. 

Sec.  10.  Be  it  Jurther  enacted,  That  the  commissioners  to  super- 
intend the  election  in  each  ward,  shall,  before  they  receive  any  vote, 
take,  severally,  the  following  oath  or  affirmation,  to  be  administered  by 
the  mayor,  or  any  justice  of  the  peace :  "  I,  A.  B.  do  solemnly  swear,  or 


EIGHTH  CONGRESS.    Sess.  I.  Ch.  17.    1804. 


050 


affirm  (as  the  case  may  be),  that  I  will  truly  and  faithfully  receive  and 
return  the  votes  of  such  persons  as  are  by  law  entitled  to  vote  for  mem- 
bers of  council  in  ward  No.  and  that  I  will  not  knowingly 
receive  or  return  the  vote  of  any  who  is  not  legally  entitled  to  the  same, 
Bo  help  me  God ,-"  the  said  election  shall  be  closed  on  the  day  it  is  begun, 
and  the  poll  shall  be  kept  open  till  sunset  and  no  longer.  The  said 
commissioners  in  each  ward,  or  a  majority  of  them  shall,  on  the  next 
day  after  the  election,  make  a  list  of  all  the  votes  received  at  said  election ; 
and  the  four  persons  having  the  greatest  number  of  votes,  shall  be  duly 
elected ;  and  in  all  cases  of  an  equality  of  votes,  the  commissioners  shall 
decide,  and  shall  make  a  return  of  the  persons  so  elected,  under  their 
hands  and  seals,  to  the  mayor,  who  shall  cause  the  same  to  be  published 
in  the  newspapers  of  the  town ;  the  said  commissioners  shall  also  send 
a  duplicate  return,  under  their  hands  and  seals,  of  the  persons  elected,  to 
the  derk  of  the  common  council,  who  shall  preserve  and  record  the 
same ;  the  said  common  council  shall  judge  of  the  legality  of  (he  elec- 
tion of  any  person  who  shall  be  returned  as  a  member  thereof,  and  shall 
have  full  power  to  pass  all  laws  to  enable  them  to  come  to  a  just  decision 
upon  a  contested  election :  they  shall  have  power  to  compel  the  attend* 
ance  of  the  members  of  the  council  by  reasonable  penalties,  and  to 
pass  aD  laws  for  the  orderly  and  regular  conduct  of  business :  they  may 
punish  any  member  for  disorderly  behaviour,  and  with  consent  of  three 
fourths  of  the  whole  council,  expel  a  member. 

Sec.  11,  Be  it  further  enacted.  That  whenever  taxes  upon  real 
property,  or  other  claims  charged  upon  real  property  within  the  town, 
shall  be  due,  and  owing  to  the  common  council,  and  the  proprietor  shall 
fail  to  discharge  the  same,  the  said  common  council,  after  giving  the 
party  reasonable  notice  when  he  resides  in  the  town,  sixty  days  notice 
when  he  resides  out  of  the  town,  and  in  the  United  States,  and  after  six 
months  publication  in  the  newspapers  when  he  resides  out  of  the  United 
States,  shall  be  empowered  to  recover  the  said  taxes  or  debts,  by  motion 
in  the  court  of  Alexandria  county :  And  provided,  it  shall  appear  to  the 
satisfaction  of  the  court  that  such  taxes  or  claims  are  justly  due,  judg- 
ment shall  be  granted,  and  an  execution  shall  issue  thereupon,  with  the 
costs  of  suit,  against  the  goods  and  chattels  of  the  defaulter,  if  any  can 
be  found  within  the  town ;  if  not,  that  the  whole  property  upon  which 
the  tax  or  claim  is  due,  shall  by  order  of  the  court,  be  leased  out  at 
public  auction  for  the  shortest  term  of  years  that  may  be  offered,  on 
condition  that  the  lessee  pay  the  arrearages,  and  also  the  future  taxes 
accruing  during  the  term,  and  be  at  liberty  to  remove  all  his  improve- 
ments at  the  expiration  of  the  lease :  Provided  always,  that  the  com- 
mon council  may  prosecute  any  other  remedy,  by  action,  for  the  recovery 
of  the  said  taxes  and  claims  which  is  now  possessed  or  allowed. 

Sec.  12.  And  be  it  jwiher  enacted.  That  so  much  of  any  act  or  acts 
of  the  general  assembly  of  Virginia,  as  comes  within  the  purview  of  this 
act,  shall  be,  and  the  same  is  hereby  repealed :  Provided,  that  nothing 
herein  contained  shall  be  construed  to  impair  or  destroy  any  right  or 
remedy  which  the  mayor  and  commonalty  of  Alexandria  now  possess  or 
enjoy  to  or  concerning  any  debts,  claims  or  demands  against  any  person 
or  persons  whatsoever ;  or  to  repeal  any  of  the  laws  and  ordinances  of 
the  mayor  and  commonalty  of  the  said  town  now  in  force,  which  are  not 
inconsistent  with  thb  act 

Approved,  February  25, 1804. 


Chap.  XVII.— .«fn  Act  relating  to  the  recordings  registering  and  enrolling  of  ihipe 
or  veneU  in  the  dietriet  <f  OrlSine, 

Be  it  enacted  hy  the  8enaU  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,    That  any  ship  or  vessel 


Duties  a  ad 
powers  of  the 
commissioners. 

Common 
council  to  jadge 
of  the  legality 
of  elections. 

May  make 
laws  and  rules 
for  its  own  or- 
der and  govern- 
ment. 

How  the  taxes 
of  absentees 
shall  be  coUect- 
ed. 


Proviso. 


Proviso. 


Interfering 
acts  of  the  Vir- 
ginia  assembly 
repealed. 


Statute  I. 
Feb.  35, 1804. 


360 


EIGHTH  CONGRESS.    S^ss.  I.  Ca.  18.    1804. 


Vesaeli  be- 
longing to  citi- 
zens of  the  Uni- 
ted States,  re- 
siding therein, 
or  to  persons 
inhabiting  the 
territory  ceded 
to  the  United 
Sutes  by 
France,  entitled 
to  the  benefits 
of  Teasels  of  the 
United  SUtes. 


ProTiso,  that 
the  collector 
may  make  alter- 
ations in  the 
form  of  the 
oaths,  fcc.,  to 
make  them  ap<- 

£UcabIe  to  this 
iw. 


Oath  of  appli. 
cant. 


Inhabitants  of 
the  ceded  ter- 
ritory residents 
thereof  the  30th 
Aoril,  1803,  en- 
titled,  on  cer- 
tain conditions, 
to  all  the  priri- 
leges,  &c.  of 
owning  ships, 
I  Uni- 


fcc.  of  the 
ted  Sutes. 


posseaeed  of  and  sailing  under  a  Spanish  or  French  register,  and  belong- 
ing, on  the  twentieth  day  of  December,  one  thousand  eight  hundred  and 
three,  and  continuing  to  belong  wholly  to  any  citizen  or  citizens  of  the 
United  States,  then  residing  within  the  territories  ceded  to  the  United 
States,  by  the  treaty  of  the  thirtieth  of  April  one  thousand  eight  hundred 
and  three,  between  the  United  States  and  the  French  Republic,  or  to  any 
person  or  persons  being,  on  the  said  thirtieth  day  of  April,  an  inhabi- 
tant or  inhabitants  of  the  said  ceded  territories,  and  who  continue 
to  reside  therein,  and  of  which  the  master  is  a  citizen  of  the  United 
States,  or  an  inhabitant  as  aforesaid,  may  be  registered,  enrolled  and 
licensed  in  the  manner  prescribed  by  law ;  and  being  so  registered, 
enrolled  or  licensed,  shall  be  denominated  and  deemed  a  ship  or  vessel 
of  the  United  States,  and  entitled  to  the  benefits  granted  by  any  law  of 
the  United  States  to  ships  or  vessels  thereof.  Provided,  that  it  shall 
be  lawful  for  the  collector  to  whom  application  shaU  be  made  for  a  cer- 
tificate of  registry,  enrolment  or  license  for  such  ship  or  vessel  by  any 
citizen  or  inhabitant  as  aforesaid,  to  make  such  variations  in  the  forms 
of  the  oaths,  certificates,  and  licenses,  as  shall  render  them  applicable  to 
the  cases  herein  intended  to  be  provided  for :  And  provided  also,  that 
every  such  inhabitant  applying  as  aforesaid,  shall,  prior  to  his  being  en- 
titled to  receive  such  certificate  of  registery,  enrolment,  or  license, 
deposit  with  the  collector,  the  register  and  other  papers  under  which 
such  ship  or  vessel  had  been  navigated ;  and  also  take  and  subscribe, 
before  the  collector  (who  is  hereby  authorized  to  administer  the  same) 
the  following  oath :  I,  A.  B.,  do  swear  (or  affirm^  that  I  will  be  faithful 
and  bear  true  allegiance  to  the  United  States  of  America,  and  that  I  do 
entirely  renounce  and  abjure  all  allegiance  and  fidelity  to  every  foreign 
prince,  potentate,  state  or  sovereignty  whatever,  and  particularly  to  the 
king  of  Spain  and  the  French  Republic. 

Sec.  2.  And  be  it  fitrther  enacted,  That  the  inhabitants  of  the  said 
ceded  territory  who  were  residents  thereof  on  the  thirtieth  day  of  April, 
one  thousand  eight  hundred  and  three,  who  shall  take  the  oaUi  afore- 
said, and  who  continue  to  reside  therein,  or  citizens  of  the  United  States 
residents  of  said  ceded  territory,  shall  be  entitled  to  all  the  benefits  and 
privileges  of  owning  ships  or  vessels  of  the  United  States,  to  all  intents 
and  purposes,  as  if  they  were  resident  citizens  of  the  United  States. 

Approved,  February  26,  1804. 


Statdtk  I. 


March  3, 1804.     Chap.  XVIII.— dtfn  Ad  for  the  relief  of  certain  military  pensionen  in  the  state 

of  South  Carolina, 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  the  persons  to  whom 
military  pensions  have  been  heretofore  granted  and  paid  by  the  state  of 
South  Carolina,  in  pursuance  of  the  resolves  of  the  United  States  in  con- 
gress assembled,  for  the  payment  of  pensions  to  the  invalids  who  were 
wounded  and  disabled  during  the  late  war  with  Great  Britain,  and  who 
have  not  been  placed  on  the  books,  in  the  ofiice  of  the  Secretary  for  the 
department  of  War,  shall  be,  and  the  same  hereby  are  directed  to  be 
placed  on  said  books,  and  their  said  pensions  shall  be  hereafter  paid  by 
the  United  States,  in  the  same  manner  as  to  other  pensioners  of  the 
United  States,  out  of  the  funds  already  appropriated  for  that  purpose. 

Sec.  2.  And  be  it  further  enacted.  That  in  placing  the  names  of 
pensioners  on  the  books,  pursuant  to  the  directions  contained  in  the 
foregoing  section,  the  Secretary  of  War  shall  be  gaided  by  a  certificate 
from  the  state  of  South  Carolina,  when  the  same  shaD  be  delivered  to 
him,  under  the  proper  authentications,  which  certificate  shall  specify 
the  names  of  pensioners  and  sums  of  pension;  and  likewise,  that  they 


Certain  mili- 
tary  pensioner! 
of  South  Caroli. 
na  to  be  placed 
on  the  books  of 
the  war  office, 
and  paid  as 
other  pension- 
ers. 


A  certificate 
from  the  state 
of  SoQth  Caroli- 
na required  for 
entitling  any 
person  to  the 
benefit  of  this 


EIGHTH  CONGRESS.    Sess.  I.  Ch.  19.    1804. 


261 


l»?e  not  been  paid  since  March  the  fourth,  one  thousand  seven  hundred 
and  eighty-nine,  by  said  state ;  which  certificate  shall  be  recorded  in  the 
books  of  the  department  of  war,  and  the  original  kept  on  file.  And 
each  officer,  non-commissioned  officer,  and  roldier,  whose  name  shall 
be  placed  on  the  said  list  as  a  pensioner,  in  conformity  to  the  provisions 
of  this  act,  or  in  case  of  the  death  of  any  such  officer,  non-commissioned 
officer,  or  soldier,  his  heirs  or  legal  representatives  shall  receive  a  sum 
equal  to  the  arrears  of  his  pension,  which  shall  have  accrued  firom  and 
after  the  fourth  day  of  March,  one  thousand  seven  hundred  and  eighty- 
nine,  until  the  passage  of  this  act,  or  until  the  death  of  such  pensioner, 
as  aforesaid,  as  the  case  may  be ;  which  arrearages  shall  be  ascertained 
and  certified  by  the  register  of  the  treasury  in  the  same  manner,  and 
under  the  same  restrictions  as  are  contained  in  the  act  passed  the 
eleventh  day  of  August,  one  thousand  seven  hundred  and  ninety,  intituled 
''An  act  for  the  relief  of  the  persons  therein  mentioned  or  described :" 
Provided,  that  the  commutation  of  half-pay  which  may  haye  been  re- 
ceived by  any  commissioned  officer  entitled  to  a  pension,  as  aforesaid, 
shall  first  be  returned  by  such  officer  into  the  treasury  of  the  United 
States,  or  shall  be  deducted  from  the  arrears  of  pension  directed  to  be 
paid  by  this  act 

Appboted,  March  3,  1804. 


act:  certifieate 
to  be  recorded 
at  the  war  of- 
fice. 

The  amount 
payable  to  the 
■everal  claim- 
anta,  and  the 
principle!  ofiet- 
tlement. 


1790,  ch.  45. 
ProTiao. 


Statute  I. 


Chap.  XlX.^Jn  Ad  to  allow  drawhadu  cf  dtUiet^  on  goodst  wares  and  merchan-     March  3, 1804. 
lifie  transported  by  land^  in  the  eaaee  therein  mentioned,(a)  • 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  all  goods,  wares  and  mer- 
chandise duly  imported  into  either  of  the  districts  of  Boston  and  Charle&> 
town,  Salem  and  Beverly,  Newburyport,  Ipswich  or  Marblehead,  in  the 
state  of  Massachusetts,  which  shall  be  transported  by  inland  conveyance 
alonff  the  turnpike  or  other  main  road  into  another  of  the  said  districts, 
and  be  therefrom  exported  to  any  foreign  port  or  place,  shall  be  entitled 
to  the  benefit  of  a  drawback  of  the  duties  upon  such  exportation,  under 
the  same  provisions,  regulations,  restrictions  and  limitations,  as  if  the 
goods,  wares  and  merchandise  were  transported  coastwise  from  one  to 
another  of  the  said  districts,  and  also  upon  the  conditions  specified  in 
the  seventy-ninth  section  of  the  act,  intituled  "An  act  to  regulate  the 
collection  of  duties  on  imports  and  tonnage." 

Sec.  2.  And  be  it  fitrther  enacted,  That  all  goods,  wares  and  mer- 
chandise duly  imported  into  the  district  of  Delaware,  may  be  transported 
to  the  same  places,  in  the  same  manner,  and  on  the  same  conditions 
with  goods,  wares  and  merchandise  duly  imported  into  the  districts  of 
Philadelphia,  New  York  or  Baltimore ;  and  shall,  in  like  manner,  be 
entitled  to  the  benefit  of  a  drawback  of  the  duties  thereon,  upon  expor- 
tation to  any  foreign  port  or  place,  agreeably  to  the  provisions  contained 
in  the  seventy-ninth  section  of  an  act,  intituled  "An  act  to  regulate  the 
collection  of  duties  on  imports  and  tonnage :"  and  that  all  goods,  wares 
and  merchandise,  which  bieing  duly  imported  into  the  districts  of  Phila- 
delphia, New  York  or  Baltimore,  shall  be  exported  fi-om  the  district  of 
Delaware,  shall  also  be  entitled  to  the  benefit  of  a  drawback  of  the 
duties  on  the  same,  in  the  same  manner,  and  on  the  same  conditions 
which  are  prescribed  by  the  said  seventy-ninth  section  of  the  act  afore- 
said, for  goods,  wares  and  merchandise,  which  bein^  duly  imported  into 
Baltimore  or  New  York,  shall  be  exported  fi^om  Philadelphia. 

Appkoted,  March  3, 1804. 


Gooda  import, 
ed  into  certain 
port!  and  trans- 

fiorted  by  in. 
and  convey, 
ance  to  others, 
and  thence  ex. 
ported,  entitled 
to  drawbacks. 


Act  of  March 
2, 1799.  ch.  22. 

Goods  im. 
ported  into  the 
district  ofDela. 
ware  entitled  to 
drawbacks  as  in 
cases  of  export- 
ation,  from 
Philadelphia, 
8cc, 

Act  of  March 
2, 1799.  ch.  22, 
sec.  79,   Tol.  i. 


(a)  See  as  to  Drawbacks,  vol.  i.  p.  680.  687. 


EIGHTH  CONGRESS.     Se3s.  1.  Cii.  20.     1804. 


Statute  I. 
March  3, 1804. 

[Obsolete.] 

Act  of  July 
14, 1798,  ch.  70. 
Act  of  March  1, 
1806,  ch.  20. 

Collectors  of 
the  direct  tax  to 
■end  transcripts 
of  their  sales  of 
of  land  for  non- 
payment of  tax 
to  the  supervi- 
sors or  other  of- 
ficers acting  in 
their  stead. 

Contents  of 
the   transcripts. 


And    to    pay 
over  to  the 
same  officers 
any  monies  re- 
ceived by  them 
under  such 
sales,  and    be- 
longing to  ori- 
ginal propri- 
etors. 

Forfeiture  for 
failure  to  com- 
ply by  collector. 


Provision  in 
case  of  the  col- 
]ector*s  neglect 
to  comply  wiUi 
the  first  section. 

Lists  to  be 
furnished  by 
collectors. 


Febniary  38, 
1799,  ch.  20. 

And  penalties 
upon    the    offi- 
cers  upon 
whom  the  duty 
devolves  in 
that  case  for 
their  neglect  of 
it. 

Supervisors, 
ftc.  to  keep 
open  the  origi- 
nal   assessment 
books,    and   to 


Chap.  XX.— ^n  Jei  further  to  amend  the  act  intituled  ^^jSn  act  to  lay  and  collect 
a  direct  tax  within  the  United  Stata^^a) 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  it  shall  be  the  duty  of 
the  collectors  of  the  direct  tax,  under  whose  direction,  or  by  whom  any 
tract  of  land  may  have  been  sold  for  non-payment  of  such  tax,  and 
where  the  time  limited  by  law  for  the  redemption  of  such  lands,  shall 
not  have  expired  before  the  passing  of  this  act,  to  transmit  within  three 
months  afler  the  passing  of  this  act,  correct  transcripts  of  the  lists  of 
all  the  tracts  of  land  or  lots,  which  have  been  sold,  either  in.  whole  or 
in  part,  for  non-payment  of  the  said  tax  before  the  passing  of  this  act, 
to  the  supervisor  or  to  the  officers  to  whom  the  duties  of  supervisor  may 
have  been  transferred,  or  in  case  there  be  no  such  person,  to  the  mar- 
shal of  the  district  within  which  such  lands  may  lie ;  and  the  said  col- 
lectors shall  likewise  transmit  to  the  same  officer,  within  three  months 
afler  the  completion  of  any  sale  made  subsequent  to  the  passing  of  this 
act,  similar  transcripts  of  the  lists  of  all  the  tracts  of  land  or  lots  which 
shaJl,  afler  the  passing  of  this  act,  be  sold,  either  in  whole  or  in  part, 
for  non-payment  of  the  said  tax,  which  several  transcripts  shall,  in  every 
case,  specify  the  tract  or  lot  sold,  in  whole  or  in  part,  the  quantity  of 
land  which  has  been  sold ;  the  time  when  sold ;  the  amount  of  tax, 
charges  and  costs  for  which  it  was  sold,  and  the  amount  paid  by,  and 
the  name  of  the  purchaser ;  and  shall  also  designate  all  those  tracts  or 
lots  which  shall  have  been  redeemed  by  the  original  proprietors,  or  for 
their  benefit,  in  conformity  with  the  provisions  for  that  purpose  hereto- 
fore enacted :  and  it  shall  also  be  the  duty  of  the  said  collectors  to  pay 
over,  within  the  time  aforesaid,  to  the  officer  to  whom  the  above  men- 
tioned transcripts  may  have  been  transmitted,  the  amount  of  all  the 
monies  paid  to  them  by  or  for  the  benefit  of  any  original  proprietor  of 
lands  or  lots  sold  for  non-payment  of  the  tax,  and  subsequent  to  such 
sale  redeemed  in  conformity  with  law,  by  or  for  such  proprietor,  which 
shall  not  at  the  time  of  transmitting  the  said  transcripts,  have  been  re- 
paid by  such  collector  to  the  purchaser  of  such  land  or  lots.  And  any 
collector  failing  to  comply  with  the  provisions  of  this  section,  or  with 
any  of  them,  shall  forfeit  and  pay  the  sum  of  one  thousand  dollars  with 
costs  of  suit 

Sec.  2.  And  be  it  farther  enacted,  That  if  any  collector  shall  fail  to 
transmit  the  transcripts  required  by  the  first  section  of  this  act,  within 
the  time  aforesaid,  it  shall  be  the  duty  of  the  supervisor,  officer  acting 
as  supervisor,  or  marshal,  as  the  case  may  be,  of  the  district  within 
which  the  collection  district  of  such  collector  may  be,  to  prepare  within 
six  months  afler  the  passing  of  this  act,  from  the  lists  or  such  other 
documents  as  may  be  in  his  possession,  a  similar  transcript  of  the  list 
of  lands  which  such  collector  had  by  virtue  of  the  second  section  of  the 
act,  intituled  "An  act  to  amend  an  act,  intituled  An  act  to  lay  and 
collect  a  direct  tax  within  the  United  States,"  been  authorized  to  sell 
for  non-payment  of  the  said  tax ;  which  list  shall  likewise  specify  in 
every  case,  the  tract  or  lot  described  in  the  original  assessment,  and  the 
amount  of  tax,  charges  and  costs  for  which  it  was  liable  to  be  sold ;  and 
any  supervisor,  officer  acting  as  supervisor,  or  marshal,  as  the  case  may 
be,  failing  to  comply  with  the  provisions  of  this  section  shall  forfeit  and 
pay  the  sum  of  five  hundred  dollars  with  costs  of  suit 

Sec.  3.  And  be  it  farther  enacted,  That  it  shall  be  the  duty  of  the 
supervisors,  officers  acting  as  supervisors,  or  marshals,  as  the  case  may 
be,  to  exhibit  the  before  mentioned  transcripts,  whether  transmitted  by 
the  collector,  or  prepared  by  themselves ;  and  also,  to  keep  open  the 


(d)  Notes  to  act  of  July  9, 1798,  chap.  70;  vol.  i.  680. 


EIGHTH  CONGRESS.    Sbss.  I.  Ch.  20.     1804. 


263 


original  assessment  lists,  and  whenever  required  within  the  time  limited 
bj  law  for  the  redemption  of  lands,  or  lots,  thus  sold,  to  any  person 
wishing  to  ascertain  whether  any  tract  of  land  or  lot  has  been  sold  for 
non-payment  of  the  tax,  to  receive,  within  the  same  period,  from  any 
person  tendering  the  same,  the  amount  of  the  tax,  charges  and  costs  for 
which  any  sach  tract  of  land  or  lot  has  been  sold,  with  the  interest  which 
shall  have  accrued  on  the  same  as  fixed  by  law,  and  execute  a  receipt 
for  the  same;  which  payment,  by  whomsoever  made,  shall  always  be 
considered  to  be  made  for  the  benefit  of  the  original  proprietor ;  and  to 
pay  over,  at  any  time,  within  the  same  period,  when  applied  for,  the 
monies  and  Interest  received  from,  or  for  any  original  proprietors,  who 
shall  have  availed  themselves  of  the  right  of  redeeming  their  lands, 
agreeably  to  law,  to  the  person  who  may  have  purchased  the  tract  of 
land  or  lot,  so  redeemed,  when  the  same  was  sold  for  non-payment  of 
the  tax,  or  to  the  representative  of  such  person. 

Sec.  4.  And  be  it  further  enacted,  That  it  shall  be  the  duty  of  the 
said  supervisor,  person  acting  as  supervisor,  or  marshal,  as  the  case  may 
be,  to  file,  at  the  end  of  two  years  after  the  completion  of  the  sales  of 
lands  sold  within  their  district,  for  non-payment  of  the  direct  tax,  with 
the  clerk  of  the  district  court  within  whose  district  such  lands  may  lie, 
correct  transcripts,  similar  to  those  prescribed  by  the  first  section  of  this 
act,  of  the  lands  or  lots  sold  in  whole,  or  in  part,  for  non-payment  of 
the  direct  tax,  and  which  shall  not  have  been  redeemed  by,  or  for,  the 
original  proprietor  within  the  said  two  years ;  and  also  to  pay  into  the 
clerk's  office  of  the  said  court,  for  the  use  of  the  purchaser  or  his  repre- 
sentatives, any  monies  remaining  in  their  hands  which  shall  have  been 
paid  by  such  original  proprietors,  as  shall  have  availed  themselves  of  the 
right  of  redemption :  and  it  shall  also  be  the  duty  of  the  said  supervisors, 
officers  acting  as  supervisors,  or  marshals,  as  the  case  may  be,  when 
any  collector  shall  have 'failed  to  transmit  to  them,  or  any  of  them,  the 
transcripts  of  the  lists  of  lands  sold  for  non-payment  of  the  tax,  as 
required  by  the  first  section  of  this  act,  to  file  with  the  clerk  of  the  said 
district  court  the  receipts  given  by  such  collector,  either  for  the  purchase 
money  of  lands  or  lots,  thus  sold,  to  the  purchasers,  or  for  the  redemption 
of  the  same,  to  original  proprietors  which  shall  have  been  delivered  by 
the  purchasers,  or  original  proprietors,  as  the  case  may  be,  of  lands,  or 
lots,  thus  sold,  to  the  said  supervisors,  officers  acting  as  supervisors,  or 
marshals,  in  the  manner,  and  within  the  time  prescribed  by  this  act. 

Sec.  5.  And  be  it  further  enacted,  That  the  several  marshals,  for 
the  time  being,  of  the  said  district  courts  shall  alone  have  the  authority 
in  all  cases  where  the  time  limited  by  law  for  the  redemption  of  lands 
sold,  shall  not  have  expired  before  the  passing  of  this  act ;  and  they  are 
hereby  authorized  and  required  to  execute  deeds  for  so  much  of  the  said 
lands  and  lots  as  shall  have  been  sold  to  satisfy  the  amount  of  the  direct 
tax,  charges  and  costs  due  thereon,  and  which  shall  not  have  been 
redeemed  by  or  for  the  original  proprietor,  within  the  time  limited  by 
law,  to  the  purchasers  of  such  lands  or  lots,  ot  their  legal  representa- 
tives :  Provided  however,  and  it  is  Jurther  enacted,  That  no  such  deed 
shall  be  executed  except  for  lands  or  lots  contained  in  the  transcripts 
filed  with  the  clerk  of  the  proper  district  court,  in  conformity  with  the 
preceding  section,  or  unless  tlie  purchaser  of  any  tract  of  land  or  lot, 
sold  for  non-payment  of  the  tax,  shall  have  filed  within  three  months 
after  the  passing  of  this  act,  or  within  three  months  after  such  sale,  with 
the  supervisor,  officer  acting  as  supervisor  or  marshal,  as  the  case  may 
be,  a  receipt  from  the  collector  for  the  purchase  money,  dated  within 
thirty  days  subsequent  to  such  sale,  and  specifying  distinctly,  the  original 
description  of  the  land  assessed  and  the  quantity  sold :  And  provided 
also,  that  no  such  deed  shall,  in  any  case,  be  executed  for  any  land  pur- 
chased by  or  for  a  collector  of  the  direct  tax,  and  not  contained  in  the 


receive,  and  to 
pay  over  to  pur- 
chasera  the 
amount  paid  by 
them  for  pro- 
perty aold  on 
account  of 
tazea. 


Lixnitation  of 
time  in  which 
proprietors  in 
thii  way  may 
redeem 
land. 


Snperriion, 
kc.    to   lodge 
transcripta    of 
landi  aold  for 
non-payment  of 
tax  in  the  clerks* 
offices  of  their 
districts : 


and  to  pay  into 
the  said  officea 
the  money  re- 
ceived from  the 
original  proprie. 
tors,  to  redeem 
their  lands  for 
the  purchssers. 
Duty  of  the 
supervisors,  he. 
in  caae  of  the 
failure  of  the 
collectors  to 
furnish  the  tran- 
scripts prescrib- 
ed  by  the  first 
section. 


Marshals  in 
certain  cases  to 
execute  deeds 
for  lands  sold, 
and  not  redeem- 
ed. 


No  deed  to 
be  executed  ex- 
cept for  lands 
or  lots  in  the 
transcripts. 


Proviso. 


264 


EIGHTH  CONGRESS.    Sess.  I.  Ch.  21.     1804. 


CoUectori  to 
be  answerable 
to    parchaaen 
for  any  eiceta 
paid   by  them 
over  the  lands 
they  receive: 
lands  to  be  con- 
veyed ascer- 
tained by  the 
ratio  of  tax  and 
land  sold. 


Proviso. 


Fees  for  ser- 
vices under  this 
act. 


transcript  filed  with  the  clerk  of  the  district  court ;  nor  for  any  land, 
although  not  returned  as  redeemed  by  the  collector,  which  shall  appear 
by  a  certificate,  or  receipt  of  the  said  collector,  filed  with  the  supervisor, 
or  officer  acting  as  supervisor  or  marshal,  as  the  case  may  be,  before  the 
completion  of  two  years  afler  the  sale  of  such  land,  and  filed  by  such 
officer  with  the  clerk  of  the  court,  in  conformity  with  the  preceding 
section,  to  have  been  redeemed  by  or  for  the  original  proprietor  by  pay- 
ment of  the  tax,  charges,  costs  and  interest  to  the  said  collector  previous 
to  the  time  limited  by  the  first  section  of  this  act,  for  the  transmission 
of  transcripts  by  the  collectors  of  the  direct  tax. 

Sec.  6.  Andbe[it]Jurther  enacted.  That  where  any  lot  or  tract  of 
land  shall  have  been  sold  before  the  passing  of  this  act,  for  non-payment 
of  the  direct  tax,  and  for  a  larger  sum  than  the  amount  of  such  tax, 
with  the  legal  charges  and  costs,  the  collector  of  the  said  tax  shall  be 
accountable  to  the  purchaser  for  the  excess  of  money  paid  by  such  pur- 
chaser beyond  the  amount  of  such  tax,  charges,  and  costs :  and  deeds 
shall  be  executed  in  favour  of  such  purchasers,  only  for  so  much  of  the 
land  as  shall  bear  the  same  ratio  to  the  whole  quantity  of  land  sold,  as 
the  amount  of  the  tax,  charges  and  costs  bear  to  the  sum  for  which  the 
land  was  sold :  and  whenever  a  deed  shall  be  executed  for  a  part  only 
of  any  tract  of  land,  not  described  previous  to  the  sale,  such  part  shall 
be  laid  off  at  the  expense  of  the  purchaser,  under  the  direction  of  the 
district  court,  and  in  conformity  with  the  instructions  given  to  the  col- 
lector, by  the  supervisor,  or  officer  acting  as  supervisor,  respecting  the 
sales  of  lands  sold  for  non-payment  of  the  direct  tax :  Provided,  that 
hereafter  it  shall  not  be  lawful  for  any  collector  of  the  said  tax,  to  sell 
more  of  any  lot  or  tract  of  land  than  will  pay  the  amount  of  such  tax, 
with  the  legal  charges  and  costs. 

Sec.  7.  And  be  it  fiarther  enacted,  That  for  the  services  prescribed 
by  this  act,  the  following  fees  shall  be  allowed  and  paid  by  the  parties 
respectively,  that  is  to  say : 

To  every  supervisor  for  examining  the  transcripts  of  land  sold,  twenty- 
five  cents :  for  receiving  payment  of  the  tax,  charges  and  costs  for  which 
any  tract  of  land,  or  lot,  may  have  been  sold  in  whole,  or  in  part,  fifty 
cents ;  and  for  filing  a  certificate  or  receipt  of  the  collector,  deposited 
by  the  purchaser,  or  original  proprietor,  six  cents. 

To  the  marshal  of  the  court,  one  dollar  for  preparing  and  executing 
a  deed. 

Approved,  March  3,  1804. 


Statute  I.  """"^ 

March  14, 1804.     Chap.  XXI.— vffi  Jet  making  appropriations  for  the  itipport  of  government,  for 
— the  year  one  thotuand  eight  hundred  ana  four. 

For  what  par-  Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
poses  appropri-  States  of  America  in  Congress  assembled.  That  for  the  expenditure  of 
aUons  made.  ^^le  Civil  list  in  the  present  year,  including  the  contingent  expenses  of 
the  several  departments  and  officers ;  for  the  compensation  of  the  several 
loan  officers  and  their  clerks,  and  for  books  and  stationery  for  the  same ; 
for  the  payment  of  annuities  and  ^ants ;  for  the  support  of  the  mint 
establishment ;  for  the  expenses  of  mtercourse  with  foreign  nations ;  for 
the  support  of  lighthouses,  beacons,  buoys  and  public  piers ;  and  for 
satisfying  certain  miscellaneous  claims,  the  following  sums  be,  and  the 
same  hereby  are  respectively  appropriated ;  that  is  to  say : 

For  compensations  ^ante^l  by  law  to  the  members  of  the  Senate  and 
House  of  Representatives,  their  officers  and  attendants,  estimated  for  a 
session  of  four  months  and  a  half  continuance,  one  hundred  and  ninety- 
eight  thousand  nine  hundred  and  sixty-five  dollars. 

For  the  expense  of  firewood,  stationery,  printing,  and  all  other  con- 
tingent expenses  of  both  houses,  including  the  expense  of  printing  the 


EIGHTH  CONGRESS.    Sess.  I.  Ch.  21.    1604.  905 

President's  message  of  the  twenty-third  of  December,  one  thousand        Specific  ap. 
eight  hundred  and  two,  with  the  accompanying  documents,  thirty-two  prop'^tionB, 
thousand  seven  hundred  doUars. 

For  the  purchase  of  books  for  the  use  of  both  houses  of  Congress,  the 
balance  of  the  former  appropriation  being  carried  to  the  credit  of  the 
surplus  fund,  two  thousand  seven  hundr^  and  three  dollars  and  five 
cents. 

For  furniture  for  the  House  of  Representatives,  being  an  expense 
incurred  in  the  year  one  thousand  eight  hundred  and  three,  twelve  hun- 
dred dollars, 

IPor  compensation  to  the  President  and  Vice  President  of  the  United 
States,  thirty  thousand  dollars. 

For  compensation  to  the  Secretary  of  State,  clerks  and  persons  em- 
l^oyed  in  Uiat  department,  eleven  thousand  three  hundred  and  sixty 
dollars. 

For  the  incidental  and  contingent  expenses  in  the  said  department, 
four  thousand  eight  hundred  doUarsL 

For  printing  and  distributing  copies  of  the  laws  of  the  first  session  of 
the  eighth  Congress,  and  printing  the  laws  in  newspapers,  eight  thousand 
two  hundred  and  fifty  doUars. 

For  compensation  to  the  Secretary  of  the  Treasury,  clerks  and  per- 
sons employed  in  his  ofiice,  including  those  engaged  on  the  business 
belonging  to  the  late  office  of  the  commissioner  of  the  revenue,  fourteen 
thousand  and  ninety-two  dollars  and  eighty-seven  cents. 

For  expenses  of  translating  foreign  languages,  allowance  to  the  per- 
son employed  in  receiving  and  transmitting  passports  and  sea  letters, 
station^  and  printing,  one  thousand  dollars. 

For  compensation  to  the  comptroller  of  the  treasury,  clerks  and  per- 
sons employed  in  his  office,  twelve  thousand  nine  hundred  and  seventy- 
eeven  dollars  and  eight  cents. 

For  expense  of  stationery,  printing,  and  incidental  and  contingent 
expenses  in  the  comptroUer's  office,  eight  hundred  dollars. 

For  defiraying  the  expense  of  preparing  new  certificates  of  registry  for       1808,  eh.  18. 
ships  and  vessels,  in  conformity  with  the  law  of  the  second  of  March, 
one  thousand  eight  hundred  and  three,  four  thousand  five  hundred 
dollars. 

For  compensation  to  the  auditor  of  the  treasury,  clerks  and  persons 
employed  in*  his  office,  twelve  thousand  two  hundred  and  twenty  dollars 
and  ninety-three  cents. 

For  expense  of  stationery,  printing,  and  incidental  and  contingent 
expenaeB  in  the  office  of  the  auditor  of  we  treasury,  five  hundred  dollars. 

For  compensation  to  the  treasurer,  clerks  and  persons  employed  in 
his  office,  SIX  thousand  two  hundred  and  twenty-seven  dollars  and  forty- 
five  cents. 

For  the  expense  of  stationery,  printing,  and  incidental  and  contingent 
expenses  in  the  treasurer's  office,  three  hundred  dollar!. 

For  compensation  to  the  register  of  the  treasury,  clerks  and  persons 
em^oyed  in  his  office,  sixteen  thousand  and  fifty-two  dollars. 

For  expense  of  stationery  and  printing,  (including  books  for  the  public 
stock  and  for  the  arrangement  of  the  marine  papers)  two  thousand  eight 
hundred  dollars. 

For  the  expense  of  printing  and  transmitting  the  certificates  of  the 
six  per  cent  stock,  created  by  virtue  of  the  act  of  the  tenth  of  Novem- 
ber, one  thousand  eight  hundred  and  three,  one  thousand  five  hundred 
dollars. 

For  compensation  to  the  secretary  of  the  commissioners  of  the  sink- 
ing fimd,  two  hundred  and  fifty  dollars. 

For  compensation  of  the  clerks  em|doyed  for  the  purpose  of  making 
drafts  of  the  several  surveys  of  land  in  the  territory  of  the  United  States, 

Vol.  n.— 34  Z 


266  EIGHTH  CONGRESS.    Sess.  I.  Cu.  21.    1804. 

Sfwcifie  ap-  northwest  of  the  rirer  Ohio,  and  in  keeping  the  books  of  the  treasury, 
propriatioM.  iq  relation  to  the  sales  of  lands  at  the  severd  land-offices,  two  thousand 
dollars. 

For  fuel  and  other  contingent  expenses  of  the  treasury  department, 
four  thousand  dollars. 

For  defraying  the  expenses  incident  to  the  stating  and  printing  the 
public  accounts  for  the  year  one  thousand  eight  hundred  and  four,  one 
thousand  two  hundred  dollars. 

For  purchasing  books,  maps,  and  charts,  for  the  use  of  the  treasury 
department,  four  hundred  dollars. 

For  compensation  to  a  superintendent  employed  to  secure  the  build- 
ings and  records  of  the  treasury,  during  the  year  one  thousand  eight 
hundred  and  four,  including  the  expense  of  two  watchmen,  and  for  the 
repair  of  two  fire  engines,  and  other  incidental  expenses,  one  thousand 
one  hundred  dollars. 

For  compensation  to  the  Secretary  of  War,  clerks,  and  persons  em- 
ployed in  his  office,  eleven  thousand  two  hundred  and  fifly  dollars. 

For  the  expenses  of  fuel,  stationery,  printing,  and  other  contingent 
expenses  of  the  office  of  the  Secretary  of  War,  including  certain  con- 
tingent expenses  incurred  in  the  year  one  thousand  eight  hundred  and 
one,  one  thousand  one  hundred  and  fifty  dollars  and  two  cents. 

For  compensation  to  the  accountant  of  the  war  department,  clerks  and 
persons  employed  in  his  office,  ten  thousand  nine  hundred  and  ten  dollars. 

For  contingent  expenses  in  the  office  of  the  accountant  of  the  war 
department,  one  thousand  dollars. 

For  compensation  to  clerks  employed  in  the  paymaster's  office,  one 
thousand  eight  hundred  dollars. 

For  fuel  in  the  said  office,  ninety  dollars. 

For  compensation  to  the  purveyor  of  public  supplies,  clerks  and  per- 
1799,  ch.  40.  sons  employed  in  his  office,  including  a  sum  of  twelve  hundred  dollars 
for  compensation  to  his  clerks,  in  addition  to  the  sum  allowed  by  the  act 
of  the  second  day  of  March,  one  thousand  seven  hundred  and  ninety- 
nine,  and  for  expense  of  stationery,  store  rent  and  fuel  for  the  said  office, 
four  thousand  eight  hundred  dollars. 

For  extra  expenses  incurred  by  the  removal  of  the  office  of  purveyor 
of  public  supplies  from  Philadelphia  to  Germantown,  in  the  year  one 
thousand  eight  hundred  and  three,  two  hundred  and  three  dollars. 

For  compensation  to  the  Secretary  of  the  Navy,  clerks  tand  persons 
employed  in  his  office,  nine  thousand  one  hundred  and  ten  dollars. 

For  expense  of  fuel,  stationery,  printing,  and  other  contingent  expenses 
in  the  office  of  the  Secretary  of  the  Navy,  two  thousand  dollars. 

For  compensation  to  the  accountant  of  the  navy,  clerks  and  persons 

1799,  cb.  40.   employed  in  his  office,  including  the  sum  of  one  thousand  one  hundred 

dollars,  for  compensation  to  his  clerks,  in  addition  to  the  sum  allowed 

by  the  act  of  the  second  of  March,  one  thousand  seven  hundred  and 

ninety-nine,  ten  thousand  four  hundred  and  ten  dollars. 

For  contingent  expenses  in  the  office  of  the  accountant  of  the  navy, 
seven  hundred  and  fifty  dollars. 

For  compensation  to  the  Postmaster-General,  assistant  Postmaster- 
1799,  ch.  40.  General,  clerks  and  persons  employed  in  the  Postmaster-General's  office, 
including  a  sum  of  four  thousand  five  hundred  and  ninety-five  dollars, 
for  compensation  to  his  clerks,  in  addition  to  the  sum  allowed  by  the 
act  of  the  second  of  March,  one  thousand  seven  hundred  and  ninety- 
nine,  thirteen  thousand  nine  hundred  and  fifty-five  dollars. 

For  expense  of  fuel,  candles,  house  rent  for  the  messenger,  stationery, 
chests,  di&c,  exclusive  of  expenses  of  prosecution,  portmanteaus,  mail 
locks,  and  other  expenses  incident  to  the  department;  these  being  paid 
for  by  the  Postmaster-General  out  of  the  funds  of  the  office,  two  thou- 
sand dollars. 


EIGHTH  CONGRESS.    Sess.  I.  Ch.  21.    1804.  267 

For  compensation  to  the  several  loan  officers,  thirteen  thousand  three       Specific  ap- 
handred  and  thirty-three  dollars  and  thirteen  cents.  propriationi. 

For  compensation  to  the  clerks  of  the  several  commissioners  of  loans, 
and  an  allowance  to  certain  loan  officers,  in  lieu  of  clerk  hire,  and  to 
defray  the  authorized  expenses  of  the  several  loan  offices,  thirteen  thou- 
sand dollars. 

For  extra  expenses  occasioned  hy  the  removal  of  the  loan  office  of 
Pennsylvania  to  Germantown,  during  the  summer  of  one  thousand  eight 
hundred  and  three,  three  hundred  and  forty-nine  dollars. 

For  defraying  the  expense  of  clerk  hire  in  the  office  of  the  commis- 
sioner of  loans  of  the  state  of  Pennsylvania,  in  consequence  of  the 
removal  of  the  offices  of  the  treasury  department,  in  the  year  one  thou- 
sand eight  hundred,  to  the  permanent  seat  of  government,  two  thousand 
dollars. 

For  compensation  to  the  surveyor-general,  and  the  clerks  employed 
by  him,  and  for  expense  of  stationery  and  other  contingencies  of  the 
surveyor-general's  office,  three  thousand  two  hundred  dollars. 

For  compensation  to  the  surveyor  of  the  lands  south  of  the  state  of 
Tennessee,  clerks  employed  in  his  office,  stationery,  and  other  contin- 
gencies, two  thousand  seven  hundred  doUars. 

For  compensation  to  the  officers  of  the  mint: — 

The  director,  two  thousand  dollars. 

The  treasurer,  one  thousand  two  hundred  dollars. 

The  assayer,  one  thousand  five  hundred  dollars. 

The  chief  coiner,  one  thousand  five  hundred  dollars. 

The  melter  and  refiner,  one  thousand  five  hundred  dollars. 

The  engraver,  one  thousand  two  hundred  dollars. 

One  clerk,  at  seven  hundred  dollars. 

And  two,  at  five  hundred  dollars  each. 

For  the  wages  of  persons  employed  at  the  different  branches  of  melt- 
ing, coining,  carpenters,  millwrights  and  smiths'  work,  including  the 
sum  of  eight  hundred  dollars  per  annum,  allowed  to  an  assistant  coiner 
and  die  forger,  who  also  oversees  the  execution  of  the  iron  work,  six 
thousand  five  hundred  dollars. 

For  the  repairs  of  furnaces,  cost  of  rollers  and  screws,  timber,  bar 
iron,  lead,  steel,  potash,  and  for  all  other  contingencies  of  the  mint,  two 
thousand  nine  hundred  dollars. 

For  compensation  to  the  governor,  judges  and  secretary  of  the  Missis- 
sippi territory,  including  a  sum  of  eighty-two  dollars,  for  the  compensar 
tion  of  one  of  the  judges,  which  has  been  carried  to  the  credit  of  the 
surplus  fund,  five  thousand  two  hundred  and  thirty-two  dollars. 

For  expenses  of  stationery,  office  rent,  and  other  contingent  expenses 
in  the  said  territory,  three  hundred  and  fifly  dollars. 

For  compensation  to  the  governor,  judges  and  secretary  of  the  Indiana 
territory,  five  thousand  one  hundred  and  fifly  dollars. 

For  expenses  of  stationery,  office  rent,  and  other  contingent  expenses 
in  the  said  territory,  three  hundred  and  fifly  dollars. 

For  the  discharge  of  such  demands  against  the  United  States,  on 
account  of  the  civil  department,  not  otherwise  provided  for,  as  shall 
have  been  admitted  in  a  due  course  of  settlement  at  the  treasury,  and 
which  are  of  a  nature,  according  to  the  usage  thereof,  to  require  pay- 
ment in  specie,  two  thousand  dollars. 

For  additional  compensation  to  the  clerks  of  the  several  departments  1799,  ch.  40. 
of  state,  treasury,  war  and  navy,  and  of  the  general  post-office,  not  exceed- 
ing for  each  department,  respectively,  fifleen  per  centum,  in  addition  to 
the  sums  allowed  by  the  act,  intituled  ''An  act  to  regulate  and  fix  the 
compensation  of  clerks,"  eleven  thousand  eight  hundred  and  eighty-five 
dollars. 

For  compensation  granted  by  law  to  the  chief  justice,  associate  judges 


068  EIGHTH  CONGRESS.    Ssss.  I.  Ch.  21.    1804. 

Spedfle  ap.    and  district  judges  of  the  United  States,  including  the  chief  justice  and 

propriatiou.       two  associate  judges  of  the  district  of  Cdumbia,  and  to  the  attorney- 

general,  and  including  also  one  thousand  ddlars  for  the  compensation 

of  the  district  judge  of  Ohio,  for  the  year  one  thousand  eight  hundred 

and  three,  fifly-four  thousand  nine  hundred  dollars. 

For  the  like  compensation  granted  to  the  several  district  attomies  of 
the  United  States,  two  thousand  eight  hundred  dollars. 

For  compensation  to  the  marshals  of  the  districts  of  Maine,  New 
Hampshire,  Vermont,  Kentucky,  Ohio,  east  and  west  Tennessee,  one 
thousand  four  hundred  dollars. 

For  defraying  the  expenses  of  the  supreme,  circuit  and  district  courts 
of  the  United  States,  including  the  district  of  Columbia,  and  of  jurors 
and  witnesses,  in  aid  of  the  funds  arising  from  fines,  forfeitures  and 
penalties ;  and  likewise,  for  defraying  the  expenses  of  prosecution  for 
offences  against  the  United  States,  and  for  safe  keeping  of  prisoners, 
fort?  thousand  dollars. 

For  the  payment  of  sundry  pensions  granted  by  the  late  government, 
nine  hundred  dollars. 

For  the  payment  of  an  annuity  granted  to  the  children  of  the  late 
Colonel  John  Harding  and  Major  Alexander  Thieman,  by  an  act  of  Con- 
gress, passed  the  fourteenth  day  of  May,  one  thousand  eight  hundred, 
six  hundred.  doUars. 

For  the  payment  of  the  annual  allowance  to  the  invalid  pensioners 
of  the  United  States,  from  the  fifth  of  March,  one  thousand  eiffht  hun- 
dred and  four,  to  the  fourth  of  March,  one  thousand  eight  hundred  and 
five,  ninety-eight  thousand  dollars. 

For  the  mamtenance  and  support  of  lighthouses,  beacons,  buoys  and 
public  piers,  and  stakeage  of  channels,  bars  and  shoals,  and  certain  con- 
tingent expenses,  fifty-five  thousand  nine  hundred  and  fifty-one  doUan 
and  thirty-three  cents. 

For  the  erection  of  a  lighthouse  on  New  Point  Comfort,  five  thousand 
dollars;  being  the  amount  of  a  former  appropriation  carried  to  the  credit 
of  the  surplus  fiind. 

For  the  payment  of  balances  due  on  the  contracts  for  erecting  the 
lighthouses  on  Old  Point  Comfort,  and  Smith's  Point,  and  for  the 
inq>ection  of  the  work,  the  balance  of  the  former  appropriations  being 
carried  to  the  credit  of  the  surplus  fund,  two  thousand  dollars. 

For  erecting  a  lighthouse  on  Gull's  Idand,  in  the  sound  between  Long 
Island  and  the  Main,  in  addition  to  the  sum  heretofore  appropriated  for 
that  purpose,  three  thousand  five  hundred  dollars. 

For  defraying  the  expenses  incident  to  the  purchase  or  erection  of 
certain  warehouses  and  wharves,  under  the  act  respecting  quarantine 
and  health  laws,  in  addition  to  the  sums  heretofore  appn^nated  for  that 
purpose,  five  thousand  dollars:  and  so  much  of  the  sums  received  on 
account  of  storage  for  merchandise  deposited  in  the  public  warehouses 
under  said  act,  as  may  be  necessary,  is  hereby  appropriated  to  the  erec- 
tion and  repairs  of  the  warehouses,  and  to  carry  the  said  act  into  effect 

For  defraying  the  expenses  incident  to  the  valuation  of  lands  and 
1796,  eh.  70.    houses,  and  enumeration  of  slaves  within  the  United  States,  as  directed 
by  the  act  of  the  ninth  of  July,  one  thousand  seven  hundred  and  ninety- 
eight;  the  balance  of  former  appropriations  having  been  carried  to  the 
credit  of  the  surplus  fund,  three  thousand  dollars. 

For  the  purpose  of  carrying  into  effect  the  act  of  the  third  of  March, 
one  thousand  eight  hundred  and  three,  in  relation  to  the  lands  south  of 
1808,  ch.  17.    the  state  of  Tennessee,  in  addition  to  the  sum  therein  appropriated,  ten 
thousand  dollars. 

For  the  dischar^  of  such  miscellaneous  demands  against  the  United 
States,  not  otherwise  provided  for,  as  shall  have  been  admitted  in  due 
course  of  settlement  at  the  treasury,  and  which  are  of  a  nature,  accord- 


EIGHTH  CONGRESS.    Ssss  I.  Ch.  92.    1804. 


to  the  osage  thereof,  to  require  payment  in  specie,  four  thousand 
dollars. 

Far  furniture  for  the  President's  house,  being  the  balance  of  a  former 
appropriation,  carried  to  the  credit  of  the  surplus  fund,  one  hundred  and 
forty-nve  dollars  and  seventeen  cents. 

For  expenses  of  intercourse  with  foreiffu  nations,  including  the  com- 
pensation of  the  consuls  at  Uie  several  Barbary  powers,  forty-six  thousand 
five  hundred  and  fifty  doUars. 

For  the  other  expenses  of  the  intercourse  between  the  United  States 
and  Algiers,  and  other  Barbary  powers,  one  hundred  thousand  dollars. 

For  carrying  into  effect  the  treaty  between  the  United  States  and  the 
king  of  Spain,  the  balance  of  former  appropriations  having  been  carried 
to  the  credit  of  the  surplus  fund,  thirty-two  thousand  seven  hundred  and 
forty-seven  dollars  and  thirty-six  cents. 

For  the  relief  and  protection  of  distressed  American  seamen,  ten 
thousand  dollars. 

For  salaries  of  the  agents  in  Paris  and  Madrid,  for  prosecuting  claims 
in  relation  to  captures,  three  thousand  three  hundred  and  fifty  dollars. 

For  satisfying  a  balance  due  to  John  Habersham,  late  agent  for  supply- 
ing the  troops  in  Georgia,  nine  thousand  and  fifty-five  doUars  and  seven- 
teen cents. 

For  the  relief  of  sick  or  disabled  American  seamen  at  New  Orleans, 
in  addition  to  the  appropriations  heretofore  made  for  that  purpose,  one 
thousand  dollars. 

For  discharging  such  sums  as  may,  on  settlement  of  their  accounts,  by 
the  accounting  officers  of  the  treasury,  be  found  due  to  persons  whose 
property  was  taken  for  the  use  of  the  militia  employed  on  the  expedition 
to  suppress  the  former  insurrection  in  the  western  counties  of  Pennsyl- 
vania, one  thousand  dollars. 

Sec.  2.  And  be  ii  further  enacted.  That  the  several  appropriations 
herein  before  made,  shall  be  paid  and  discharged  out  of  the  fund  of  six 
hundred  thousand  dollars,  reserved  by  the  act  making  provision  for  the 
debt  of  the  United  States,  and  out  of  any  monies  in  the  treasury,  not 
otherwise  appropriated. 

Sec.  3.  And  be  it  fwrther  enacted.  That  the  sum  which  shall  be  found 
doe  on  a  settlement  of  the  accounts  of  the  militia  who  served  on  an 
expedition  commanded  by  Major  Thomas  Johnson,  against  the  Indians, 
in  the  year  one  thousand  seven  hundred  and  ninety-four,  be  paid  out  of 
any  monies  in  the  treasury,  not  otherwise  appropriated ;  the  appropria- 
tion made  by  the  act  of  the  thirteenth  of  May,  one  thousand  eight  hun- 
dred, having  been  carried  to  the  credit  of  the  surplus  fund. 

Approved,  March  14, 1804. 


8|Mcific  ap. 
propriatioM. 


Out   of  what 
fUnd  payable. 

1790,  ch.  34. 


8am  found 
due  to  Thomai 
Johoion  to    be 
paid  to  him,  and 
oat  of  what 
fand. 


Statute  I. 


Chap.  XXIL— ^n  Ad  deehringthe  asunt  of  Congreu  to  an  act  of  the  General 
Juembly  of  Virginia,  therein  mentioned. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assemblea.  That  the  assent  of  Congress 
is  hereby  given  and  declared  to  an  act  of  the  general  assembly  ofVir- 
ginis,  intituled  ''An  act  for  improving  the  navigation  of  James  river," 
which  act  was  passed  on  the  twenty-third  day  of  January,  in  the  year 
one  thousand  eight  hundred  and  four. 

Approved,  March  16, 1804. 

z2 


March  16, 1804. 


Aiient  of 
CoDgreu  to  act 
of  Virginia  for 
improving     the 
navigation  of 
Jamea  river. 


270 


EIGHTH  CONGRESS.    Sess.  I.  Ch.  23,  24,  25.     1804. 


Statute  I. 
March  16, 1804. 

Act  of  April 
7,  1798,  ch.  26. 
Act  or  Feb.  18, 
]801,ch.6. 
Act  of  March  3, 
1803,  ch.  ^. 
Act  of  Feb.  24, 
1810,  ch.  12. 
Act  of  April  23, 
1812,  ch.  63. 

Former   act 
revived  and 
continued  in 
force. 

Statute  I. 
March  16, 1804. 


[Obsolete.] 
Appropria- 
tions made  for 
carrying  the 
convention  into 
effect. 


For  salaries 
of  commission- 
ers. 

Proviso. 


For  the  salary 
of  an  agent. 


President  au- 
thorised to 
make  the  ap- 
pointments of 
commissioners 
and  an  agent, 
and  to  grant 
them  commis- 
sions. 

Act    to    take 
effect  from  the 
exchange  of 
ratiEcations. 

Statute  I. 

March  16,1804. 


When  a  suf- 
ficient quantity 
of  land  at  the 
point  shall  be 
conveyed  to  the 
United  SUtes, 
the  President 
shall  fii  upon 
the  site  for  a 
lighthouse. 


Chap.  XXIIl. — Jin  Jcl  to  revive  and  continue  in  force^  an  act  intituled  ^^jSn  act 
for  the  reUtf  of  the  refugees  from  the  British  Provinces  of  Canada  and  Nova 
Scotia.'^ 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  asscmhled.  That  the  act,  intituled  "An 
act  for  the  relief  of  the  refugees  from  the  British  provinces  of  Canada 
and  Nova  Scotia,"  approved  on  the  seventh  of  April,  one  thousand  seven 
hundred  and  ninety-eight,  shall  be,  and  the  same  is  hereby  revived  and 
continued  in  force  for  the  term  of  two  years  from  the  passage  of  this  act, 
and  no  longer. 

Approved,  March  16,  1804. 


Chap.  XXIV. — Jin  Act  making  an  (appropriation  for  carrying  into  ^eet  the 
convention  concluded  between  the  United  States  and  the  King  ^  Spain^  on  the 
eleventh  day  af  August,  one  thousand  eight  hundred  and  two. 

Be  it  enacted  by  the  SencUe  and  House  of  Representatives  of  the  United 
States  ofAftterica  in  Congress  assembled.  That  for  the  purpose  of  defray- 
ing the  expense  which  may  arise  in  carrying  into  effect  the  convention 
concluded  between  the  United  States  and  the  king  of  Spain,  on  the 
eleventh  day  of  August,  one  thousand  eight  hundred  and  two,  the  fol- 
lowing sums,  to  be  paid  out  of  any  monies  in  the  treasury,  not  other- 
wise appropriated,  be,  and  the  same  hereby  are  appropriated,  that  is  to 
say: 

For  the  salaries  of  the  commissioners,  including  half  the  compensa- 
tion of  the  fifth  commissioner,  half  the  expenses  of  the  board,  and  the 
contingent  expenses  of  the  commissioners  of  the  United  States,  twelve 
thousand  seven  hundred  and  sixty  dollars :  Provided,  that  the  compen- 
sation to  be  allowed  to  any  of  the  commissioners,  who  may  be  appointed 
in  pursuance  of  the  said  convention,  shall  not  exceed  the  rate  of  four 
thousand  four  hundred  and  forty-four  dollars  per  annum. 

For  the  salary  of  an  agent,  whom  the  President  of  the  United  States 
is  hereby  authorized  to  appoint,  for  the  purpose  of  supporting  the  claims 
of  citizens  of  the  United  States,  before  the  board  of  commissioners,  and 
to  whom  a  compensation,  not  exceeding  the  rate  of  three  thousand  dol- 
lars per  annum,  may  be  allowed,  three  thousand  dollars. 

Sec.  2.  And  be  it  fitrther  enacted,  That  the  President  of  the  United 
States  be,  and  he  hereby  is  authorized  to  make  the  appointment  of  the 
said  commissioners  and  agent,  during  the  recess  of  the  Senate,  and  to 
grant  to  the  persons  thus  appointed,  commissions  which  shall  remain  in 
force  until  the  end  of  the  next  session  of  Congress,  and  no  longer. 

Sec.  3.  And  be  it  further  enacted,  That  this  act  shall  take  effect  and 
be  in  force,  from  and  after  the  day  when  the  exchange  of  ratifications 
of  the  said  convention  shall  be  made. 

Approved,  March  16,  1804. 


Chap.  XXY.— ^#i  Act  to  provide  for  Lighthouses  and  buoys  in  the  eases  therein 

mentioned. 

Be  it  enacted  by  the  Senate  and  House  of  Rqnresentatives  of  the  United 
States  of  America  in  Congress  assembled.  That  as  soon  as  the  proprietor 
of  the  south  end  or  point  of  St.  Simon's  island  in  the  state  of  Georgia, 
shall  convey,  by  good  and  suflicient  titles,  unto  the  United  States,  so 
much  land  on  the  south  end  of  the  said  island,  as  the  President  of  the 
United  States  shall  deem  suflicient  and  most  proffer  for  the  site  and 
accommodation  of  a  lighthouse ;  and  the  jurisdiction  of  the  land,  so  to 
be  conveyed,  shaU  have  been  ceded  to  the  United  States,  by  the  state  of 


EIGHTH  CONGRESS.    Sess.  I.  Cii.  26.     1804. 


271 


Georgia,  it  shall  be  the  duty  of  the  Secretary  of  the  Treasury  to  provide 
by  contract,  which  shall  be  approved  by  the  President  of  the  United 
States,  for  building  a  lighthouse  thereon,  and  for  furnishing  the  same 
with  aJl  necessary  supplies,  and  also  to  agree  for  the  salaries  or  wages 
of  the  person  or  persons  who  may  be  appointed  by  the  President  for  the 
saperintendence  and  care  of  the  same.  And  the  President  is  hereby 
authorized  to  make  the  said  appointments. 

Sec.  2.  And  he  it  further  enacted,  That  the  Secretary  of  the  Trea- 
sury under  the  direction  of  the  President,  be  authorized  and  required  to 
cause  to  be  placed  a  buoy  or  buoys  at  such  place  or  places  on  or  near 
the  bar  of  St.  Simon's,  as  may  conduce  to  the  safe  pilotage  of  vessels  to 
and  from  the  ports  of  Brunswick  and  Frederica. 

Sec.  3.  And  be  it  further  enacted,  That  it  shall  be  lawful  for  the 
Secretary  of  the  Treasury  to  cause  to  be  rebuilt,  in  such  manner  as  he 
may  deem  expedient,  the  lighthouse  at  Clark's  point  within  the  town  of 
New  Bedford,  in  the  state  of  Massachusetts. 

Sec.  4.  And  he  it  further  enacted.  That  the  Secretary  of  the  Trea- 
sury shall  be,  and  he  is  hereby  authorized  and  required  to  cause  a  suP- 
ficient  lighthouse  to  be  erected  on  Fivemile  point,  so  called,  near  the 
entrance  of  the  harbor  of  New  Haven,  in  the  state  of  Connecticut,  and 
to  appoint  a  keeper,  and  otherwise  provide  for  such  lighthouse  at  the 
expense  of  the  United  States :  Provided,  that  sufficient  land  for  the 
accommodation  of  such  lighthouse,  can  be  obtained  at  a  reasonable 
price,  and  the  legislature  of  Connecticut  shall  cede  the  jurisdiction  over 
the  same  to  the  United  States. 

Sec.  5.  And  he  it  fitrther  enacted,  That  there  be  appropriated  for 
the  purpose  of  defraying  the  charges  and  expenses  to  be  incurred  in 
executing  the  two  first  sections  of  this  act,  the  sum  of  seven  thousand 
dollars ; — for  rebuilding  the  lighthouse  as  aforesaid  at  Clark's  point,  a 
sum  not  exceeding  two  thousand  five  hundred  dollars;  and  for  the 
erection  of  a  lighthouse  at  the  Fivemile  point  aforesaid,  a  sum  not  ex- 
ceeding two  thousand  five  hundred  dollars ;  which  sums  shall  be  paid 
oat  of  any  monies  in  the  treasury  not  otherwise  appropriated. 

Approved,  March  16,  1804. 


The  Secreta. 
ry  of  the  Trea- 
sury tball  make 
arrangements 
for  building  one, 
&c.  The  Preai. 
dent  to  appoint 
a  keeper,  &c. 

Secretary    of 
the  Treaaury 
to   have    buoya 

E laced  near  the 
ar    of  St.  Si- 
mon's. 

The  Secreta. 
ry  of  the  Trea- 
sury  to  caase  to 
be  rebailt,  the 
lishthouse  at 
Clark's  point 

Secretary   of 
the  Treasury 
required  to 
cause  a  light- 
house to  be 
built  at  Five- 
mile  point,  &c. 

Proviso. 


Appropria- 
tions  for  carry- 
ing this  act  into 
effect. 

Lighthouse  at 
Clark's  point. 

Lighthouse  at 
Fivemile  point, 
Georgia. 


Statute  I. 


Chap.  XXVI.~%iii  Aei  granting  further  time  for  locating  military  land  warrantif   March  19, 1804. 
and  for  other  purpotea,  (a) 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  the  act  intituled  "An 
act  in  addition  to  an. act,  intituled  An  act  in  addition  to  an  act  regu- 
lating the  grants  of  land  appropriated  for  military  services,  and  for  the 
society  of  the  United  Brethren  for  propagating  the  gospel  among  the 
heathen,"  approved  the  twenty-sixth  day  of  April,  eighteen  hundred 
and  two,  be,  and  the  same  is  hereby  revived  and  continued  in  force, 
until  the  first  day  of  April,  one  thousand  eight  hundred  and  five :  Pro- 
tfided^  however,  that  the  holders  or  proprietors  of  warrants  or  registered 
certificates,  shall  and  may  locate  the  same,  only  on  any  unlocated  parts 
of  the  fifty  quarter  townships,  and  the  fractional  quarter  townships, 
which  had  been  reserved  for  original  holders,  by  virtue  of  the  fifth  sec- 
tion of  an  act,  intituled  "An  act  in  addition  to  an  act,  intituled  An  act 
regulating  the  grants  of  land  appropriated  for  military  services,  and  for 
the  society  of  the  United  Brethren  for  propagating  the  gospel  among 
the  heathen :"  And  provided  also,  that  no  holder  or  proprietor  of  war- 
rants or  registered  certificates,  shall  be  permitted  to  locate  the  same  by 
Tirtue  of  this  act,  unless  the  Secretary  of  War  shall  have  made  an  en- 
dcNTsement  on  such  warrant  or  registered  certificate,  certifying  that  no 


Former  act 
revived     and 
continued    in 
force  till  the 
first  April,   one 
thoQsand    eight 
hundred  and 
five. 

Act  of  March 
1800.  Act  of 
March  23, 1804, 
ch.  33. 

Limitation  as 
to  the  location 
of  warrants. 

1803,  ch.  30. 

June  1, 1796, 
ch.46. 


Proviso. 

The  SecreU- 
ryof  Wartoen- 
ciorse    the  war- 


(<x)  See  notes  to  vol.  i.  464,  and  act  of  March  S3,  1804,  vol.  2.  274. 


273 


EIGHTH  CX>NGRESS.    Skss.  I.  Gh.  27, 28.    1804. 


rant  or  eertifl- 
eata  that  no 
warrant  has 
been  iisaed  for 
the  iame  in 
virtue  ofthoact 
or  March  3, 
1803,  eh.  33. 

Act  of  March 
1,1800. 

Statute  I. 

March  19, 1804. 

rObM>lete.] 
Moniea  re- 
ceived for  dn- 
tiee  or  tazea  in 
Loniaiana  to  be 
accoonted  for 
and  paid  into 
the  treatury,  at 
other  moniea. 

Appropria- 
tiona  for  de- 
fraying the  ex- 
penaea  incur- 
red in  taking 
potaeaaion     of, 
and  holding 
Louiaiana  till 
a  new  govern- 
ment thereof 
ahall  be  eaub- 
liahed. 

To  be  expend* 
ed  under  tne  di- 
rection of  the 
President  of  the 
United  Sutes. 


Statute  I. 


March  19, 1804. 

[Obsolete.] 
Bonds    given 
forduties,where 
the    obligors 
have  sustained 
loaaes   by  the 
fire,  to  be  can- 
celled, and  new 
ones  with   ibr- 
ther  indulgence 
to  the  debtors, 
to  be  taken  by 
the  collector. 


warrant  has  been  issued  for  the  same  claim  to  military  bounty  land,  and 
by  virtue  of  the  second  section  of  the  act,  intituled  "An  act  to  revive 
and  continue  in  force  an  act  in  addition  to  an  act  intituled  An  act  in 
addition  to  an  act  regulating  the  grantoof  land  appropriated  for  military 
services,  and  for  the  society  of  the  United  Brethren  for  propagating  the 
gospel  among  the  heathen,  and  for  other  purposes,"  approved  the  third 
day  of  March,  eighteen  hundred  and  three. 
Approved,  March  19, 1804. 


Chap*  XXVIL— jfn  Jel  providing  for  the  earpenui  of  the  Civil  Oonmment  of 

Louieiafuu 

Be  it  enaeUd  by  the  Senate  and  House  of  Representatives  of  the  United 
States  ofAme/riea  in  Congress  assembled^  That  all  the  monies  which 
have  been,  or  which  shall  be  received  by  any  officer  of  the  United 
States,  on  account  of  duties  or  taxes  within  the  territories  ceded  by  the 
French  Republic  to  the  United  States,  by  the  treaty  of  the  thirtieth  of 
April,  eighteen  hundred  and  three,  shall  be  paid  into  the  treasury,  and 
account^  for  in  the  same  manner  as  other  public  monies. 

Sec.  2.  And  be  it  further  enacted.  That  for  the  purpose  of  making 
a  reasonable  compensation  to  the  person  or  persons,  in  whom  the  powers 
of  civil  government,  heretofore  exercised  by  the  officers  of  the  said  ter- 
ritories under  the  Spanish  and  French  governments,  have  been  vested 
by  the  President  of  the  United  States,  and  also  for  defraying  the  other 
civil  expenses  of  the  said  territories,  from  the  time  when  possession  of 
the  same  was  obtained  by  the  United  States,  to  the  time  when  a  form 
of  government  shall,  under  the  authority  of  Congress,  be  established 
therein,  a  sum  not  exceeding  twenty  thousand  dollars,  to  be  expended 
under  the  direction  of  the  President  of  the  United  States,  and  to  be 
accounted  for  as  other  public  monies,  shall  be,  and  the  same  hereby  is 
appropriated,  to  be  paid  out  of  any  monies  in  the  treasury,  not  otherwise 
appropriated. 

Approved,  March  19, 1804. 


Chap.  XXVIII* — An  Act  for  the  relief  tf  the  aufferen  hy  fire^  in  the  town  tf 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  aU  persons  who,  being 
indebted  to  the  United  States  for  duties  on  merchandise,  have  given 
bond  therefor  with  one  or  more  sureties,  payable  to  the  collector  for  the 
district  of  Norfolk  and  Portsmouth,  and  who  have  suffered  a  loss  of  pro- 
perty by  the  late  conflagration  at  the  town  of  Norfolk,  shall  be,  and  they 
hereby  are  allowed  to  take  up,  or  have  cancelled,  all  bonds  heretofore 
given  for  duties  as  aforesaid,  upon  giving  to  the  collector  new  bonds, 
with  one  or  more  sureties  to  the  satisfaction  of  the  said  collector,  for  the 
sums  of  their  former  bonds  respectively,  payable  in  twelve  montbs  from 
and  after  the  day  of  payment  specified  in  the  bonds  to  be  taken  up  or 
cancelled,  as  aforesaid ;  and  the  said  collector  is  hereby  authorized  and 
directed  to  s^ve  up  or  cancel  all  such  bonds,  upon  the  receipt  of  others, 
as  described  in  this  act;  which  last-mentioned  bonds  shall  be  proceeded 
with  in  all  respects,  like  other  bonds  which  are  taken  by  collectors  for 
duties  due  to  the  United  States :  Provided,  however,  that  nothing  in  this 
act  contained  shall  extend  to  bonds  which  had  fallen  due  before  the 
nineteenth  day  of  February  last. 

Approved,  March  19,  1804. 


EIGHTH  CONGRESS.    Sess.  I.  Ch.  29,  31.    1804. 


273 


Statute  I. 
Chap.  XXIX. — Jin  M  tnakif^  an  apprapnaium  for  ddraying  the  expemei  in-    Mansh  19, 1804. 

eurred  in  inquiring  into  the  qffieial  amduei  of  Samuel  Cnau^  and  Richard  Peters^    — 

and  in  conducting  the  impeachment  against  John  Pickering, 


Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled^  That  the  sam  of  two  thousand 
doJlan  be,  and  the  same  is  hereby  appropriated,  to  be  paid  out  of  any 
money  in  the  treasury,  not  otherwise  appropriated,  for  the  payment  of 
such  expenses  as  may  have  been  or  hereafter  may  be  incurred  in  prosecu- 
ting the  inquiry  into  the  official  conduct  of  Samuel  Chase,  and  Richard 
Peters,  and  in  conducting  the  impeachment  against  John  Pickering. 

Sec.  2.  And  be  it  further  enacted,  That  to  every  witness  summoned 
to  attend  the  Senate  in  support  of  the  said  impeachment,  there  shall  be 
aDowed  for  every  day's  attendance,  the  sum  of  three  dollars,  and  at  the 
rate  of  twelve  and  a  half  cents  per  mile,  in  coming  from  and  returning 
to  his  place  of  abode,  for  travelling  expenses. 

Sec.  3.  And  be  it  further  enacted,  That  any  other  expense  certified 
by  the  chairman  of  any  committee  appointed  to  conduct  the  said  inquiry 
or  impeachment,  to  have  been  authorized  by  him,  shall  also  be  allowed 
and  paid. 

Approved,  March  19,  1804. 


Appropria- 
tions for  cArrj- 
ing  on  the  im- 
peachments 
against  Samuel 
Chase  and  John 
Pickering. 


Fees   to   the 
witnesses. 


Any  other  ez« 
pense  anthor- 
iied  by  the 
chairman  of  the 
committee  to  be 
allow^  and 
paid. 

Statutb  I. 


Chap.  XXXI jSn  M  altering  the  Hmonscf  the  Dietriet  Qmrte  cf  the  Umied   March  83, 1804. 

States  for  the  dislrietstf  Firginia^  Bhode  Mand,  and  for  the  distrietcf  West   ' 

Tennessee, 


Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  the  sessions  of  the  dis- 
trict court  for  the  district  of  Virffinia,  directed  by  lnw  to  be  held  in  the 
town  of  Norfolk,  shall  be  hereafter  held  and  commence  on  the  fifteenth 
day  of  June,  and  on  the  fifteenth  day  of  December,  in  every  year ;  and 
that  the  sessions  of  the  said  court,  directed  by  law  to  be  held  in  the  city 
of  Richmond,  shall  be  held  and  commence  on  the  nineteenth  day  of 
May,  and  on  the  nineteenth  day  of  November,  in  every  year.(a) 

Sic.  5L  And  be  it  further  enacted,  That  when  either  of  the  said  days 
shall  happen  to  be  a  Sunday,  the  sessions  of  the  said  court  shall  com- 
mence on  the  following  day. 

Sec.  3.  And  be  it  further  enacted.  That  all  writs  and  process  which 
have  been  issued,  and  all  recognizances  returnable,  and  all  suits  and 
other  pleadings  which  have  b^n  continued,  to  the  said  district  court, 
directed  by  law  to  be  holden  in  Norfolk,  on  the  third  Tuesday  in  March 
next,  shall  be  returned  and  held  continued  to  the  fifteenth  day  of  June 
next;  and  in  like  manner,  all  writs  and  process  which  fhave]  been 
issued,  and  all  recognizances  returnable,  and  all  suits  and  other  pro- 
ceedings which  have  been  continued  to  the  said  district  court,  directed 
by  law  to  be  holden  in  the  city  of  Richmond,  on  the  third  Tuesday  in 
June  next,  shall  be  returned,  and  held  continued  to  the  nineteenth  day 
of  May  next. 

Sec  4.  Aful  be  it  further  enacted.  That  from  and  after  the  first  day 
of  April  next,  the  session  of  the  district  court  for  the  district  of  Rhode 
Island,  shall  commence  at  Newport,  on  the  second  Tuesday  in  May, 
and  third  Tuesday  in  October;  at  Providence,  the  first  Tuesday  in 
August,  and  the  &st  Tuesday  in  February,  annually ;  any  law  to  the 
contrary  notwithstanding. 

Sec.  5.  And  be  it  further  enacted.  That  all  suits,  process,  and  pro- 
ceedings, of  what  nature  or  kind  soever,  pending  in,  or  made  returnable 


Sessions  of 
the  district 
coartofVirginia 
altered. 

Court  at  Nor- 
folk to  com- 
mence June  and 
December  Iffth, 
1805,  at  Rich- 
mond, Ma  J  and 
NoTember  19th. 

IT  either  ot 
the  days  Sun- 
day,  the  court 
to  commence  on 
the  following 

Writs  and  pro- 
cess  continued 
OTcr  according. 


Sessions  of  the 
district  court  of 
Rhode  Island 
altered. 


Writs  and  pro- 
cess    continued 


(d)  Bt  the  act  of  Bfarch  S4, 1819,  the  sessions  of  the  court  are  to  be  held  at  Richmond  on  the  1st  day 
of  AprU,  and  the  15th  day  of  October,  and  at  Norfolk  on  the  1st  day  of  May,  and  the  1st  day  of  No. 


Vol.  n.-^ 


274 


EIGHTH  CONGRESS.    Sesb.  I.  Ch.  32,  33.     1804. 


over  according- 
ly- 

Sessions  of  the 
district  court  of 
West  Tennes. 
sec  altered. 

Process  con- 
tinued over  ac- 
cordingly. 

See    act  of 
February  24, 
1807,  sec.  4, 
ch.  16. 


Statute.  I. 


to  said  court,  shall,  after  the  said  first  day  of  April  next,  be  continued 
over  until  the  next  court  to  be  held  in  conformity  to  this  act 

Sec.  6.  And  be  it  further  enacted,  That  the  sessions  of  the  district 
court  for  the  district  of  West  Tennessee,  directed  by  law  to  be  held  in 
the  town  of  Nashville,  shall  be  hereafter  held  and  commence  on  the 
Thursday  next  succeeding  the  fourth  Mondays  of  May  and  November, 
in  every  year ;  and  that  all  writs  and  process  which  have  been  issued, 
and  all  recognizanccfs  returnable,  and  all  suits  and  other  proceedings 
which  have  been  continued  to  the  said  district  court,  directed  by  law  to 
be  held  at  Nashville,  on  the  fourth  Monday  of  May  next,  shall  be 
returned  and  held  continued  to  the  Thursday  next  succeeding  said 
fourth  Monday. 

Approved,  March  23,  1804. 


March  23, 1804.    Chap.  XXXII.^%^n  Jid  wpplenuntary  to  the  aet^  intituled  **Jn  act  to  incorporate 

the  nibaeribers  to  the  Bonk  of  the  United  Statea." 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  president  and  direct- 
ors of  the  Bank  of  the  United  States  shall  be,  and  they  are  hereby  author- 
ized to  establish  offices  of  discount  and  deposit  in  any  part  of  the  territories 
or  dependencies  of  the  United  States,  in  the  manner,  and  on  the  terms 
prescribed  by  the  act  to  which  this  is  a  supplement 

Approved,  March  23,  1804. 


[Obsolete.] 
Act  of  Feb. 
niory  18,  1791, 
ch.  10. 

Bank  of  the 
U.  States  au. 
thorized  to  es- 
tablish offices  of 
discount  and  de- 
posit. 

Statute  T. 

March  23, 1804. 


Boundary  line 
now  under  the 
direction  of  the 
BurTeyor-p^cne- 
rol  established. 


Proviso,  that 
within  two 
years  the  state 
of  Virginia  re- 
cognize the  line. 

Officers  and 
soldiers  to  com- 
plete their  loca- 
tions in  three 
years  within  the 
reserved  terri- 
tory. 

Officers  and 
soldiers  whose 
bounty  land 
shall  have  been 
located  on  that 
part  of  the  ter- 
ritory to  which 
the  Indian  title 


Chap.  XXXIII. — jSn  Act  to  ascertain  the  boundary  cf  the  lande  reaerved  by  the 
glate  of  Virginia^  northwest  of  the  river  Ohio,  for  the  satitfaetion  tf  her  qffieere 
and  soldiers  on  continental  esiabUahment,  and  to  Hmit  the  period  for  locating  the 
said  lands.{d) 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  the  line  run  under  the 
direction  of  the  surveyor-general  of  the  United  States,  from  the  source 
of  the  Little  Miami,  towards  the  source  of  the  Scioto,  and  which  binds 
on  the  east,  the  surveys  of  the  lands  of  the  United  States,  shall,  together 
with  its  course  continued  to  the  Scioto  river,  be  considered  and  held  as 
the  westerly  boundary  line,  north  of  the  source  of  the  Little  Miami,  of 
the  territory  reserved  by  the  state  of  Virginia,  between  the  Little  Miami 
and  Scioto  rivers,  for  the  use  of  the  officers  and  soldiers  of  the  conti- 
nental line  of  that  state:  Provided,  that  the  state  of  Virginia  shall, 
within  two  years  after  the  passing  of  this  act,  recognize  such  line  as 
the  boundary  of  the  said  territory. 

Sec.  2.  And  be  it  further  enacted.  That  all  the  officers  and  soldiers, 
or  their  legal  representatives  who  are  entitJed  to  bounty  lands  within  the 
above-mentioned  reserved  territory,  shall  complete  their  locations  within 
three  years  after  the  passing  of  this  act,  and  every  such  officer  and  soldier, 
or  his  legal  representative,  whose  bounty  land  has  or  shall  have  been 
located  within  that  part  of  the  said  territory,  to  which  the  Indian  title 
has  been  extinguished,  shall  make  return  of  his  or  their  surveys  to  the 
secretary  of  the  department  of  war,  within  five  years  after  the  passing 
of  this  act,  and  shall  also  exhibit  and  file  with  the  said  secretary,  and 
within  the  same  time,  the  original  warrant  or  warrants  under  which  he 
claims,  or  a  certified  copy  thereof,  under  the  seal  of  the  office  where  the 


(a)  Act  of  March  2,  1807,  chap.  21 ;  act  of  April  30,  1810,  chap.  35 ;  act  of  April  11,  1818,  chap.  43 ; 
act  of  April  18,  1818,  chap.  62;  act  of  February  24,  1819,  chap.  40;  set  of  April  20,  1822,  chsp.  29: 
act  of  March  3,  1823,  chap.  38 ;  act  of  May  18,  1824,  chap.  88 ;  act  of  May  4,  1826,  chap.  34 ;  act  of 
March  2,  1827,  chap.  36;  act  of  May  23,  1828,  chap.  71 ;  act  of  February  25,  1831,  chap.  34;  act  of 
July  3,  1832,  chap.  163 ;  act  of  July  24,  1832,  chap.  205 ;  act  of  January  27,  1836,  chap.  6 ;  act  of  July 
7,  1838,  chap.  166;  act  of  September  4,  1841,  chsp.  16. 


EIGHTH  CONGRESS.    Sess.  I.  Ch.  34.     1804. 


275 


said  warrants  are  legally  kept;  which  warrant,  or  certified  copy  thereof, 
shall  be  sufficient  evidence  that  the  grantee  therein  named,  or  the  person 
under  whom  such  grantee  claims,  was  originally  entitled  to  such  bounty 
land :  and  every  person  entitled  to  said  lands  and  thus  applying,  shall 
thereupon  be  entitled  to  receive  a  patent  in  the  manner  prescribed  by 
law. 

Sbc.  3.  And  be  it  further  enacted,  That  such  part  of  the  above  men- 
tioned reserved  territory  as  shall  not  have  been  located,  and  those  tracts 
of  land,  within  that  part  of  the  said  territory  to  which  the  Indian  title 
has  been  extinguished,  the  surveys  whereof  shall  not  have  been  returned 
to  the  Secretary  of  War,  within  the  time  and  times  prescribed  by  this 
act,  shall  thenceforth  be  released  from  any  claim  or  claims  for  such 
bounty  lands,  and  shall  be  disposed  of  in  conformity  with  the  provisions 
of  the  act,  intituled  "An  act  in  addition  to,  and  modification  of,  the 
propositions  contained  in  the  act,  intituled  An  act  to  enable  the  people 
of  the  eastern  division  of  the  territory,  northwest  of  the  river  Ohio,  to 
form  a  constitution  and  state  government,  and  for  the  admission  of  such 
state  into  the  Union,  on  an  equal  footing  with  the  original  states,  and 
for  other  purposes." 

Approved,  March  23,  1804. 


has  been  extin- 
guished to  mako 
returns,  &c.  to 
the  Secretary  of 
War  in  five 
years. 

Papers  return- 
ed  to  be  evi. 
dence  entitling 
the  claimants  to 
patents. 

18G8,ch.  21. 

Act  of  April 
16, 1816,  ch.  49. 

Act  of  April 
ll,lS18,ch.43. 

Act  of  Feb. 
S4,1819,ch.40. 

Unlocated  por- 
tion of  the  re- 
served territory 
in  five  years  to 
be  released  from 
claims  and  dis- 
posed of,  &c. 

Statute  I. 


Chap.  XXXIV. — Jin  Act  further  to  alter  and  eitablUh  certain  pott  roads^  and  for    March  26, 1804. 
other  purpoaee.  (a) 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United    ,.  P°"*  ™^« 
States  of  America  in  Congress  assembled.  That  the  foUowing  post  roads     **^**°^"    • 
be  discontinued : 

In  North  Carolina. — From  Woodstock  to  Hyde  Courthouse ;  from       North  Caroli- 
Halifax  to  Tarborough ;  and  from  Tarborough  to  Louisburg.  ^^' 

In  Virginia. — From  Lexington,  by  Amherst   Springs,  to  Cabels-      Viiginia. 
borough ;  from  Pendleton  Courthouse  to  Bath  Courthouse ;  and  from 
Alexandria  to  Piscataway,  in  Maryland. 

In  Kentucky. — From  Hartford,  by  Vienna,  to  Muhlenburg  Court-      Kentucky. 
house. 

In  Ohio, — ^From  Zanesville  to  Marietta,   and  from  Cincinnati  to      Ohio. 
Detroit 

In  Maryland. — From  Westminster  to  Taneytown ;  firom  Emmitsburg      Maryland. 
to  Fairfield,  in  Pennsylvania ;  from  Elkton  to  Sassafras ;  from  Bridge- 
town to  Greenborough,  and  from  Brookville  to  Taneytown. 

In  Pennsylvania. — From  Pittsburg  to  Meedsville.  Pennsylvania. 

In  Massachusetts. — From  Worcester  to  Providence,  in  Rhode  Island.      Massachu- 

In  Vermont. — From  Newbury,  by  Barry,  to  Montpelier.  "^vvirmont 

In  New  York. — From  the  town  of  Chester,  in  Washington  county,  to      New  York. 
Plattsburg. 

Sec.  2.  And  be  it  further  enacted.  That  the  following  post  roads  be      Post  roads  es. 
established,  to  wit :  ublished. 

in  Georgia. — From  Athens  to  Walkinsville.  Georgia. 

In  South  Carolina. — ^From  Orangeburg,  by  Barnwell  Courthouse,      South  Caroli- 
Tredways,  and  Town  creek  mills  to  Campbetton ;  from  Statesburg  to   >>*• 
Columbia. 

In  North  Carolina. — From  Warrenton,  by  Ransom's  bridge  and      ^^^  Caroli- 
Enfield,  to  Tarborough ;  and  to  return,  by  Nash  Courthouse,  SilPs  store   °*' 
and  Ransom's  bridge,  to  Warrenton ;  from  Halifax  to  Enfield ;  from 
Scotland  Neck,  by  Granbury's  Cross-roads,  to  Windsor;   and  from 
Newbern  to  the  town  of  Beaufort ;  from  Raleigh,  by  Nut&Jl's  store,  to 
MerritsviUe. 


(iQ  Act  to  regalate  the  Post-office  department.  May  1,  1810,  chap.  37:  tot  of  March  3.  18S5.  chap. 
64 ;    act  of  July  3,  1836,  chap.  S70.  Act  of  March  3,  1845,  chap.  43.  »         f       i 


276 


EIGHTH  CONGRESS.    Skm.  I.  Ch.  34.     1804. 


Virginit. 


Kentucky. 


Tenimiee* 


Ohio. 


PenBtjWania 


New  Jersey. 


New  York. 


Connecticut. 


MassAcliu- 
■ettf. 


Maine. 


New    Hanip- 
■hire. 


In  Virginia. — ^From  Fredericksburg,  by  Falmoutb,  Elk  Ran  Cbnrcfa^ 
Fauquier  CourthouBe  and  Salem,  to  Paris ;  from  Clarksburg,  by  Bucha- 
nan settlement,  to  Randolph  Courthouse ;  from  Lancaster  Courthouse 
to  Kilmarnock ;  and  from  Kanawha  Courthouse,  by  Point  Pleasant,  to 
Oalliopolis,  in  Ohio;  from  thence  to  the  Scioto  Salt  Springs;  and 
from  Prince  Edward  Courthouse,  by  Lester's  store,  Wheeler's  Springs, 
and  Campbell  Courthouse,  to  New  London ;  from  Danyille,  in  Virginia, 
to  Lenox's  castle,  in  North  Carolina ;  and  from  Wood  Courthouse  to 
Marietta. 

In  Kentucky. — From  Springfield,  by  Oreen  Courthouse,  Adair  Court- 
bouse,  and  Cumberland  Courthouse,  to  Jackson  Courthouse,  in  Ten- 
nessee; and  from  thence  to  Blackburn  Springs;  from  John  Wood's 
near  the  Hazle  patch,  to  Lincoln  Courthouse ;  from  the  town  of  Wash- 
ington to  Augusta;  from  Frankfort  to  Henry  Courthouse;  that  the 
post  road  from  Montgomery  Courthouse  to  Fleming  Courthouse,  shall 
pass  by  Slate  creek  iron  works,  and  the  Upper  Blue  Licks ;  and  that  the 
post  road  from  Hartford  to  Logan  Courthouse,  shall  pass  by  Muhlenburg 
Courthouse. 

In  Tennessee. — From  Dixon's  Springs,  by  Lebanon  and  Rutherford 
Courthouse,  to  Nashville;  and  that  the  post  road  from  Nashville  to 
Springfield,  shall  pass  by  Mansker's  lick. 

In  Ohio. — From  Warren,  in  the  county  of  Trumbull,  by  Cleveland, 
to  Detroit ;  from  Chilicothe  to  Alexandria ;  from  Steubenville  to  New 
Lisbon;  fi*om  Chilicothe  to  Franklinton;  from  Cincinnati,  through 
Franklin  and  Dayton,  to  Stanton ;  from  thence,  throuffb  WainsviUe  and 
Deerfield,  to  Charleston;  from  Zanesville,  through  Tuscorowa,  to 
Graden-hutton ;  and  that  the  post  road  from  Georgetown  to  Canfield^ 
shall  pass  through  New  Lisbon. 

In  Pennsylvania. — From  Alexandria,  through  HoUidaysburg,  Beula 
and  Armagh,  to  Greensburg ;  from  Pittsburg,  Uirough  Butler  and  Mer- 
cer, to  Meedsville ;  from  Bedford,  by  Berlin,  to  Somerset ;  from  Cham- 
bersburg,  through  Strasburg  and  Faunetsburg,  to  Huntingdon. 

In  New  Jersey. — From  Ringoe's  tavern,  by  Somerset  Courthouse, 
Boundbrook,  Scotch  Plains  and  Springfield,  to  Newark;  and  from 
Rahway,  by  Scotch  Plains,  to  New  Providence. 

In  New  York. — From  Kingston,  through  Catskill,  Loonenburg,  and 
Coxsackie,  to  the  city  of  Albany  ;  from  Lansingburg,  through  Sohagh- 
ticoke,  Easton,  Argyle,  and  Hartford,  to  Whitehall ;  from  Owego  to 
Aurora;  from  Unadella  to  Cooperstown;  from  the  little  falls  on  the 
Mohawk  river,  to  the  academy  in  Fairfield ;  from  Kingston,  by  Delhi, 
to  the  post-office  in  Meredith ;  from  Walton  to  Jericho ;  from  the  Painted 
post,  in  the  state  of  New  York,  to  Williamsport,  in  Uie  state  of  Penn- 
sylvania ;  the  post  road  from  Canandagua  to  Niagara,  shall  pass  by 
Buifaloe  Creek. 

In  Connecticut — From  Hartford,  through  Granby  and  Granville,  to 
Blanford,  in  Massachusetts ;  from  New  Haven,  through  Hamden,  Ches- 
hire, and  Southington,  to  Farmington ;  and  from  Hartford,  through 
Glastenbury  and  Colchester,  to  New  London. 

In  Massachusetts. — From  Shrewsbury,  through  Holden,  Rutland, 
Oakham,  Hard  wick,  Greenwich,  Pelham  and  Amherst,  to  Northampton. 

In  Maine. — From  Brunswick,  by  Litchfield  and  HalloweU,  to  Augusta; 
from  Wiscassett  to  Boothbay ;  and  from  Fryburgh,  through  Conway,  the 
notch  of  the  White  Mountain,  Jefferson,  Lancaster,  to  Guildhall  Court- 
house, in  Vermont. 

In  New  Hampshire* — From  Haverhill  in  Massachusetts,  to  pass 
through  Salem,  to  Windham  in  New  Hampshire ;  from  Alsop  to  Con- 
way ;  from  Salisbury  to  Plymouth,  alternately  on  each  side  of  Merimack 
river ;  from  Littleton  to  Guildhall  Courthouse,  alternately  on  each  side 
of  Connecticut  river ;  from  Littleton,  through  St.  Johnsbury  and  Dan- 
ville in  Vermont,  to  St.  Alban's  on  Lake  Champlain. 


EIGHTH  CONGRESS.    Sess.  I.  Ch.  35.    1804. 


sr7 


Ih  Louisiana, — ^From  Massac,  on  the  Ohio  ri?er,  to  Cape  Girardeau, 
in  Loaisiana ;  from  thence  to  New  Madrid ;  from  the  said  Cape  Girar- 
deau, bj  St  GeneveiTCto  Kaskaskias,  in  the  Indiana  territory;  and 
from  Cahokia  to  St  Louis,  in  Louisiana;  from  Natchez  to  Tombigbj; 
and  from  Natchez  to  New  Orleans. 

Ssc.  3.  And  be  ii  Jitrther  enacted.  That  all  letters,  returns,  and  other 
papers  on  public  service,  sent  by  the  mail  to  or  from  the  offices  of 
inspector  and  paymaster  of  the  army,  shall  be  received  and  conveyed 
free  of  postage. 

Sec.  4.  JM  be  it  Jurther  enacted,  That  whenever  it  shall  be  made 
to  appear  to  the  satisfaction  of  the  Postmaster-General,  that  any  road 
established  by  this  or  any  former  act,  as  a  post  road,  is  obstructed  by 
fences,  gates,  or  bars,  other  than  those  lawfully  used  on  turnpike  roads, 
to  collect  their  toll,  and  not  kept  in  good  repair  with  proper  bridges  and 
ferries,  where  the  same  may  be  necessary,  it  shaU  be  the  duty  of  the 
Postmaster-General  to  report  the  same  to  Congress,  with  such  informa- 
tion as  can  be  obtained,  to  enable  Congress  to  establish  some  other  road 
instead  of  it  in  the  same  main  direction. 

Sac.  5.  And  be  it  fwrther  enacted.  That  this  act  shall  not  be  so  con- 
Birued  as  to  affect  any  existing  contract  for  carrying  the  mail. 

Approtbb,  March  26, 1804. 


LoaisiAiia. 


Lettert  to  or 
from  the  ofBcei 
ofiMpectorftnd 

Kymaster  to 
conToyed 
free. 

[ObMlete.] 
Postmaster- 
General  to  re- 
port to  CongroM 
the  roads  which 
have  obstruc- 
tions. 

[Obsolete.] 
Congress  to 
establuh  other 
roads. 

Existing  con- 
tracts not  affect- 
ed bj  this  act. 

Statute  I. 


Chap.XXXY.— «fffi^«/fiMrAtf^protwum/flr  iht  di9po9al  (if  the  public  land$  in    March  26, 1804. 
the  Indiana  ienttory^  and  for  other  purpo$ei,{a) 

Be  it  enacted  by  the  Senate  and  Home  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  powers  vested  by  law 
in  the  surveyor-general,  shall  extend  over  all  the  public  lands  of  the 
United  States  to  which  the  Indian  titl^  has  been  or  shall  hereafter  be 
extinguished,  north  of  the  river  Ohio,  and  east  of  the  river  Mississippi ; 
and  it  shall  be  the  duty  of  the  said  surveyor-general  to  cause  the  said 
lands  to  be  surveyed  into  townships,  six  miles  square,  and  divided  in  the 
same  manner  and  under  the  same  regulations,  and  to  do  and  perform  all 
such  other  acts  in  relation  to  the  said  lands,  as  is  provided  by  law  in 
relation  to  the  lands  of  the  United  States,  situate  northwest  of  the  river 
Ohio  and  above  the  month  of  Kentucky  river;  Provided,  that  the  whole 
expense  of  surveying  and  marking  the  lines  shall  not  exceed  three  dol- 
lars for  every  mile  that  shall  be  actually  run,  surveyed  and  marked : 
And  provided  also,  that  such  tracts  of  land  as  are  lawfully  claimed  by 
individuals  within  the  said  boundaries,  and  the  title  whereto  has  been 
or  shall  be  recognized  by  the  United  States,  shall  be  laid  out  and  sur- 
veyed at  the  expense  of  the  parties  respectively,  in  conformity  with  the 
true  boundaries  of  such  tracts.  And  it  shall  also  be  the  duty  of  the  said 
surveyor-general  to  cause  to  be  run,  surveyed  and  marked  such  of  the 
Indian  boundary  lines  of  the  said  lands,  as  have  not  yet  been  surveyed ; 
and  with  the  approbation  of  the  President  of  the  United  States  to  ascertain 
by  astronomical  observations  the  positions  of  such  places  north  of  the 
river  Ohio  and  east  of  the  river  Mississippi,  as  may  be  deemed  necessary 
for  the  correctness  of  the  surveys,  and  to  be  the  most  important  points 
of  the  geography  of  the  country. 

Sec.  2.  And  be  it  further  enacted.  That  for  the  disposal  of  the  lands 
of  the  United  States,  north  of  the  river  Ohio  and  east  of  the  river  Mis- 
sissippi, in  the  Indiana  territory,  three  land-offices  shall  be  established 
in  the  same,  one  at  Detroit  for  the  lands  lying  north  of  the  state  of  Ohio 
to  which  the  Indian  title  has  been  extinguished ;  one  at  Vincennes  for 
the  lands  to  which  the  Indian  title  has  been  extinguished,  and  which 

(d)  See  notes  to  act  of  March  S3, 1804,  chap.  88 ;  an  act  granting  lands  to  the  inhabitants  and  settler* 
at  TuMflBnee,  and  die  miaois  oonntry,  Itc.,  March  3,  1791,  chap.  37,  vol.  i.  831. 

2A 


Powers  of  the 
surveyor-gene- 
ral extended 
over  all  the 
lands  of  the  U. 
Sutes  north  of 
the  Ohio,  and 
east  of  the  Mis- 
sissippi ;  and  he 
shall  cause  them 
to  be  laid  off 
into  townships. 

Expenses  of 
surveying  not  to 
exceed  three 
dollars  per  mile. 

Tracts  claim- 
ed to  be  laid  out 
at  the  expense 
of  the  claimant 


Indian  boun- 
dary lines  to  be 
run  and  marked. 


Land -offices 
established  at 
Detroit,    Vin- 
cennes and 
Kaskaskia. 


278 


EIGHTH  CONGRESS.     Sess.  I.  Cii.  35.     1804. 


Register  and 
receiver  of  pub- 
lic monie*  ap. 
pointed  for  each 
of  them.  Da- 
ties  and  emolu- 
ments of  these 
officers. 


Persons  claim- 
ing   lands    de- 
scribed   in   the 
preceding    sec- 
tions,   under 
grants  from  the 
French,  British 
or  United  Sutcs 
governments  to 
deliver    to    the 
registers  of  the 
land-ofliccs    of 
the  districts   in 
which  the  lands 
are    situated, 
statements  of 
the  extent  of 
tlieir  claims. 


Which    shall 
be  recorded. 

Fees  dc- 
maudablc  for 
the  same. 

Neglect  to 
deliver    notice. 


The  registers 
to  be  commis- 
sioners in  their 
respective  tlis- 
tricts. 


Oath  of  of- 
fice. 


Their  duties. 

The  commis- 
sioners to  meet 
in  the  several 
districta  and  to 
decide  upon 
claims :  invest- 
ed with  power 
to  compel  the 
attendance  of 
witnesses  to 
examine   them: 

To  report  their 
procecdinga  to 
Congresa. 


are  included  within  the  boundaries  fixed  by  the  treaty  lately  held  with 
the  Indian  tribes  of  the  Wabash ;  and  one  at  Kaskaskia,  for  so  much  of 
the  lands  included  within  the  boundaries  fixed  by  the  treaty  of  the  thir- 
teenth of  August,  one  thousand  eighl  hundred  and  three,  with  the  Kaskas- 
kia tribe  of  Indians,  as  is  not  claimed  by  any  other  Indian  tribe:  and  for 
each  of  the  said  offices  a  register  and  a  receiver  of  public  monies  shall  be 
appointed,  who  shall  give  security  in  the  same  manner,  in  the  same  sums, 
and  whose  compensation,  emoluments  and  duties,  and  authority,  shall, 
in  every  respect,  be  the  same  in  relation  to  the  lands  which  shall  be 
disposed  of  at  their  offices,  as  are  or  may  be  by  law  provided,  in  relation 
to  the  registers  and  the  receivers  of  public  monies  in  the  several  offices 
established  for  the  disposal  of  the  lands  of  the  United  States  north  of  the 
river  Ohio,  and  above  the  mouth  of  Kentucky  river. 

Sec.  3.  And  be  it  further  enacted,  That  every  person  claiming  lands 
within  any  of  the  three  tracts  of  land  described  in  the  preceding  section, 
by  virtue  of  any  legal  grant  made  by  the  French  government,  prior  to 
the  treaty  of  P.aris,  of  the  tenth  of  February,  one  thousand  seven  hundred 
and  sixty-three,  or  of  any  legal  grant  made  by  the  British  government, 
subsequent  to  the  said  treaty,  and  prior  to  the  treaty  of  peace  between 
the  United  States  and  Great  Britain,  of  the  third  of  September,  one 
thousand  seven  hundred  and  eighty-three,  or  of  any  resolution,  or  act 
of  Congress,  subsequent  to  the  said  treaty  of  peace,  shall,  on  or  before 
the  first  day  of  January,  one  thousand  eight  hundred  and  five,  deliver  to 
the  register  of  the  land-office,  within  whose  district  the  land  may  lie,  a 
notice  in  writing,  stating  the  nature  and  extent  of  his  claims,  together 
with  a  plot  of  the  tract  or  tracts  claimed,  and  may  also,  on  or  before  that 
day,  deliver  to  the  said  register,  for  the  purpose  of  being  recorded,  every 
grant,  order  of  survey,  deed,  conveyance,  or  other  written  evidence  of 
his  claim ;  and  the  same  shall  be  recorded  by  the  said  register,  in  books 
to  be  kept  for  that  purpose,  on  receiving  from  the  parties  at  the  rate  of 
twelve  and  a  half  cents,  for  every  hundred  words  contained  in  such 
written  evidence  of  their  claim ;  and  if  such  person  shall  neglect  to  deli- 
ver such  notice,  in  writing,  of  his  claim,  or  to  cause  to  be  recorded  such 
written  evidence  of  the  same,  all  his  right,  so  far  as  the  same  is  derived 
from  any  resolution  or  act  of  Congress,  shall  become  void,  and  for  ever 
be  barred. 

Sec.  4.  And  be  it  further  enacted.  That  the  register,  and  receiver 
of  public  monies,  of  the  three  above  mentioned  land^ffices,  shall,  for 
the  lands  respectively  lying  within  their  districts,  be  commissioners  for 
the  purpose  of  examining  the  claims  of  persons  claiming  lands  by  virtue 
of  the  preceding  sections.  Each  of  the  said  commissioners  shall,  pre- 
vious to  entering  on  the  duties  of  his  appointment,  respectively,  take 
and  subscribe  the  following  oath  or  affirmation,  before  some  person 
qualified  to  administer  the  same :  "  I,  do  solemnly  swear,  (or 

affirm,)  that  I  will  impartially  exercise  and  discharge  the  duties  imposed 
upon  me,  as  commissioner  for  examining  the  claims  to  land,  by  an  act 
of  Congress,  intituled  An  act  making  provision  for  the  disposal  of  the 
public  lands  in  the  Indiana  territory,  and  for  other  purposes." 

It  shall  be  the  duty  of  the  said  commissioners  to  meet  at  the  places 
where  the  said  land-offices  are  by  this  act  established,  respectively,  on 
or  before  the  first  day  of  January,  one  thousand  eight  hundred  and  five; 
and  each  board  shall,  in  their  respective  districts,  have  power  to  hear  in 
a  summary  manner  all  matters  respecting  such  claims ;  also  to  compel 
the  attendance  of  witnesses,  to  administer  oaths,  and  examine  witnesses, 
and  such  other  testimony  as  may  be  adduced,  and  to  decide  thereon 
according  to  justice  and  equity,  which  decision  shall  be  laid  before 
Congress  in  the  manner  herein  afler  directed,  and  be  subject  to  their 
decision  thereon.  The  said  boards,  respectively,  shall  have  power  to 
appoint  a  clerk,  whose  duty  it  shall  be  to  enter  in  a  book  to  be  kept  for 


EIGHTH  CONGRESS.     Sess.  I.  Ch.  35.     1804. 


279 


that  purpose,  full  and  correct  minutes  of  their  proceedings  and  decisions, 
together  with  the  evidence  on  which  such  decisions  are  made;  which 
books  and  papers,  on  the  dissolution  of  the  boards,  shall  be  deposited 
in  the  respective  offices  of  the  registers  of  the  land-offices;  and  the  said 
clerk  shall  prepare  two  transcripts  of  all  the  decisions  made  by  the  said 
commissioners  in  favour  of  the  claimants  to  land,  both  of  which  shall 
be  signed  by  the  said  commissioners,  and  one  of  which  shall  be  trans- 
mitted to  the  surveyor-general,  and  the  other  to  the  Secretary  of  the 
Treasury;  and  the  lands,  the  claims  to  which  shall  have  been  thus 
affirmed  by  the  commissioners,  shall  not  be  otherwise  disposed  of,  until 
the  decision  of  Congress  thereupon  shall  have  been  made.  It  shall  like- 
wise be  the  duty  of  the  said  commissioners  to  make  to  the  Secretary  of 
the  Treasury  a  full  report  of  all  the  claims  filed  with  the  register  of  the 
proper  land-office,  as  above  directed,  which  they  may  liave  rejected, 
together  with  the  substance  of  the  evidence  adduced  in  support  thereof, 
and  such  remarks  thereon  as  they  may  think  proper:  which  reports, 
together  with  the  transcripts  of  the  decisions  of  the  commissioners  in 
favour  of  claimants,  shall  be  laid  by  the  Secretary  of  the  Treasury  be- 
fore Congress  at  their  next  ensuing  session.  Each  of  the  commissioners 
and  clerks  aforesaid,  shall  be  allowed  a  compensation  of  five  hundred 
dollars  in  full  for  his  services  as  such ;  and  each  of  the  said  clerks  shall, 
previous  to  his  entering  on  the  duties  of  his  office,  take  and  subscribe 
the  following  oath  or  affirmation,  to  wit:  "I,  do  solemnly 

swear,  (or  affirm,)  that  I  will  truly  and  faithfully  discharge  the  duties  of 
a  clerk  to  the  board  of  commissioners  for  examining  the  claims  to  land, 
as  enjoined  by  an  act  of  Congress,  intituled  An  act  making  provision 
for  the  disposal  of  the  public  lands  in  the  Indiana  territory,  and  for  other 
purposes." 

Sec.  5.  And  be  it  further  enacted,  That  all  the  lands  aforesaid,  not 
excepted  by  virtue  of  the  preceding  section,  shall,  with  the  exception 
of  the  section  "  number  sixteen,"  which  shall  be  reserved  in  each  town- 
ship for  the  support  of  schools  within  the  same,  with  the  exception  also 
of  an  entire  township  in  each  of  the  three  above<lescribed  tracts  of 
country  or  districts,  to  be  located  by  the  Secretary  of  the  Treasury,  for 
the  use  of  a  seminary  of  learning,  and  with  the  exception  also  of  the 
salt  springs  and  lands  reserved  for  the  use  of  the  same  as  herein  after 
directed,  be  offisred  for  sale  to  the  highest  bidder,  under  the  direction 
of  the  surveyor-general,  or  governor  of  the  Indiana  territory,  of  the 
register  of  the  land-office,  and  of  the  receiver  of  public  monies,  at  the 
places  respectively,  where  the  land-offices  are  kept,  and  on  such  day  or 
days  as  shall,  by  a  public  proclamation  of  the  President  of  the  United 
States,  be  designated  for  that  purpose.  The  sales  shall  remain  open  at 
each  place  for  three  weeks  and  no  longer :  the  lands  shall  not  be  sold 
for  less  than  two  dollars  an  acre,  and  shall  in  every  other  respect,  be 
sold  in  tracts  of  the  same  size  and  on  the  same  terms  and  conditions  as 
have  been  or  may  be  by  law  provided  for  the  lands  sold  north  of  the 
river  Ohio,  and  above  the  mouth  of  Kentucky  river.  All  lands,  other 
than  the  reserved  sections  and  those  excepted  as  above  mentioned,  re- 
maining unsold  at  the  closing  of  the  public  sales,  may  be  disposed  of 
at  private  sale,  by  the  registers  of  the  respective  land-offices,  in  the  same 
manner,  under  the  same  regulations,  for  the  same  price,  and  on  the 
same  terms  and  conditions,  as  are  or  may  be  provided  by  law  for  the 
sale  of  the  lands  of  the  United  States  north  of  the  river  Ohio,  and  above 
the  mouth  of  Kentucky  river.  And  patents  shall  be  obtained  for  all 
lands  granted  or  sold  in  the  Indiana  territory,  in  the  same  manner  and 
on  the  same  terms  as  is  or  may  be  provided  by  law  for  lands  sold  in  the 
state  of  Ohio,  and  in  the  Mississippi  territory. 

Sec.  6.  And  be  it  further  enacted,  That  all  the  navigable  rivers, 
creeks  and  waters,  within  the  Indiana  territory,  shall  be  deemed  to  be 


Tho  board  to 
have  power  to 
appoint  clerks. 

Duty  ofclerks. 

Books  and  pa- 

Sers,  upon  the 
issolution  of 
the  board,  to  bo 
lodged  in  the 
offices  of  the 
registers  of  tho 
land-offices. 

Clerks  to  pre- 
pare  transcripts 
of  the  decisions 
of  the  boards. 

Commission- 
ers to  make  re- 
port to  the  Sec- 
retary of  tho 
Treasury  of  tho 
claims  rejected 
by  them,  with 
the  substance 
of  the  evidence 
adduced  in  their 
support. 

Secretary  of 
the  Treasury  to 
report  these 
with  the  tran- 
scripts of  claims 
admitted  to  Con- 
gress. 

Compensation 
to  the  commis- 
sioners  and 
clerks. 

Official  oath 
of  the  clerks. 

All  the  lands 
wiUi  certain  ex- 
ceptions, to  be 
sold,  on  what 
terms  and 
where. 

Salt  springs. 


Act   of  Mav 
18, 1796,  ch.  29. 

Lands  remain- 
ing unsold  afler 
three   weeks 
may  be  disposed 
of  at  private 
sale. 

Act  of  May  18, 
1796,  ch.  29. 


All  the  navi- 
gable rivers  fcc. 


S80 


EIGHTH  CONGRESS.    Sus.  I.  Ch.  35.    1804. 


in  the    Indiana 
territonr  to   be 
public  high- 
ways. 

Salt  apringi, 
with  contiguoai 
aectiona  reaerr- 
ed  for  the  dia- 
posal  of  the 
United  Sutea. 

Surreptitioaa 
granta  of  aalt 
apringa  null  and 
void. 

ProTiaiona  in 
favour  of  pur- 
chaaea  under  J. 
C.  Symmea  con. 
tinned  in  force 
till  June  next. 

Act  of  May  I9 
1802,  ch.  44. 

The  regiater 
and  receiver  of 
the  land-office 
at  Cincinnati. 

No  right  of 
pre-emption  to 
DO  granted  ex- 
cept  in  favour 
of  peraona  who 
had  contracted 
with  John 
Clevea  Symmea, 
fcc.  afier  Jan- 
uary 1,  1800. 

Peraona  who 
hold  auch  cer- 
tificatea  allowed 
until  1806,  to 
complete  die 
payment  of  the 
tirat  instalment. 

Proviso  in  Ai- 
Tour  of  peraona 
who  have  made 
improvementa. 


Peraona  htT- 
ing  certificatea 
ofnghta  of  pre- 
emption  under 
contracta  with 
or  purchaaea 
from  J.  Clevea 
Symmea  allow, 
ed  further  time 
for  paying. 


Fractional 
aectiona  may  be 
aold,  united  or 
aingly. 


and  remain  public  highways  ;(a)  and  the  several  salt  q)rinffs  in  the  said 
territory,  together  widi  as  many  contiguous  sections  to  each,  as  shall  be 
deemed  necessary  by  the  President  of  the  United  States,  shall  be  reserved 
for  the  future  disposal  of  the  United  States:  and  any  grant  which  may 
hereafter  be  made  for  a  tract  of  land,  containing  a  salt  spring  which  had 
been  discovered  previous  to  the  purchase  of  such  tract  from  the  United 
States,  shall  be  considered  as  fraudulent  and  null. 

Sec.  7.  And  be  ii  fitrther  enacted^  That  the  several  provisions  made 
in  favour  of  persons  who  have  contracted  for  lands  with  John  Cleves 
Symmes  and  his  associates,  by  an  act  intituled  "  An  act  to  extend  and 
continue  in  force  the  provisions  of  an  act  intituled  An  act  giving  a 
right  of  pre-emption  to  certain  persons,  who  have  contracted  with  John 
Cleves  Symmes  or  his  associates,  for  lands  lying  between  the  Miami 
rivers  in  the  territory  northwest  of  the  Ohio,  and  for  other  purposes," 
shall  be  and  the  same  are  hereby  continued  in  force  until  the  first  day 
of  June  next:  Provided,  that  the  register  of  the  land-office  and  receiver 
of  public  monies  at  Cincinnati  shall  perform  the  same  duties,  exercise 
the  same  powers,  and  enjoy  the  same  emoluments,  which  by  the  last- 
recited  act  were  enjoined  on  or  vested  in  the  commissioners  desig- 
nated by  the  said  act:  And  provided  also,  that  no  certificate  for  a  right 
of  pre-emption  shall  be  granted,  except  in  favour  of  persons  who  had, 
before  the  first  day  of  January,  one  thousand  ei^ht  hundred,  made  con- 
tracts in  writing  with  John  Cleves  Symmes  or  with  any  of  his  associates, 
and  who  had  made  to  him  or  them  any  payment  or  payments  of  money 
for  the  purchase  of  such  lands;  nor  unless  at  least  one  twentieth  part  of 
the  purchase  money  of  the  land  claimed,  shall  have  previously  been  paid 
to  the  receiver  of  public  monies,  or  shaU  be  paid  prior  to  the  first  day 
of  January  next.  And  every  person  who  shall  obtain  a  certificate  of 
pre-emption,  shall  be  aUowed  until  the  first  day  of  January,  one  thousand 
eight  hundred  and  six,  to  complete  the  payment  of  his  first  instalment : 
And  provided  aho,  that  where  any  person  or  persons  shall,  in  virtue  of 
a  contract  entered  into  with  John  Cleves  Symmes,  have  entered  and 
made  improvements  on  any  section  or  half  section  prior  to  the  first  day 
of  April  last  (having  conformed  with  all  the  foregoing  provisions  in  this 
section),  which  improvements  by  the  running  of  the  lines  subsequently 
thereto  shall  have  fallen  within  any  section,  or  half  section  other  than 
the  one  purchased  as  aforesaid,  and  other  than  section  number  sixteen, 
such  section  or  half  section  shaJI  in  that  case  be  granted  to  the  person  or 
persons  who  shall  have  so  entered,  improved  and  cultivated  the  same,  on 
payment  of  the  purchase  money  agreeably  to  the  provisions  made  by 
law  for  lands  sold  at  private  sale ;  but  nothing  herein  contained  shall  be 
construed  to  give  to  any  such  person  or  persons  a  greater  number  of 
acres  than  he  or  they  had  contracted  for,  with  John  Cleves  Symmes  as 
aforesaid. 

Sec.  8.  And  he  ii  further  enacted,  That  every  pc^n  who  may  have 
heretofore  obtained  firom  the  commissioners,  a  certificate  of  a  right  of 
pre-emption  for  lands  lying  between  the  two  Miami  rivers,  on  account 
of  contracts  with,  or  purchase  from  John  Cleves  Symmes  or  his  asso- 
ciates, and  who  has  paid  his  first  instalment ;  and  every  person,  who 
may  obtain  a  similar  certificate  by  virtue  of  the  preceding  section,  and 
shaJl,  on  or  before  the  first  day  of  January,  one  thousand  eight  hundred 
and  six,  pay  his  first  instalment,  be  permitted  to  pay  the  residue  of  the 
purchase  money  in  six  annual  equal  payments. 

Sec.  9.  And  he  ii  fitrther  enacted.  That  fractional  sections  of  the 
public  lands  of  the  United  States,  either  north  of  the  river  Ohio,  or  south 
of  the  state  of  Tennessee,  shall,  under  the  directions  of  the  Secretary 
pf  the  Treasury,  be  either  sold  singly,  or  by  uniting  two  or  more  together; 


(41)  See  act  of  May  18,  1796,  chap.  29,  toI.  i.  p.  464. 
Act  of  June  1,  1796,  chap.  46,  vol.  i.  p.  490. 


EIGHTH  CONGRESS.    Sess.  I.  Cr.  35.    1804. 


281 


any  act  to  the  contrary,  notwithstanding :  Provided,  that  no  fractional 
sections  shall  be  sold  in  that  manner  until  after  they  shall  have  been 
offered  for  sale  to  the  highest  bidder,  in  the  manner  herein  after  directed. 

Sec.  10.  And  be  it  further  enacted,  That  all  the  public  lands  of  the 
United  States,  the  sale  of  which  is  authorized  by  law,  may,  after  they 
shaU  have  been  offered  for  sale  to  the  highest  bidder  in  quarter  sections, 
as  herein  after  directed,  be  purchased  at  the  option  of  the  purchaser, 
either  in  entire  sections,  in  half  sections,  or  in  quarter  sections;  in 
which  two  last  cases  the  sections  shall  be  divided  into  half  sections 
by  lines  running  due  north  and  south,  and  the  half  sections  shaU  be  di- 
vided into  quarter  sections  by  lines  running  due  east  and  west  And 
in  every  instance  in  which  a  subdivision  of  the  lands  of  the  United 
States,  as  surveyed  in  conformity  with  law,  shall  be  necessary  to  ascer- 
tain the  boundaries  or  true  contents  of  the  tract  purchased,  the  same 
shall  be  done  at  the  expense  of  the  purchaser. 

Sec.  11.  And  be  it  further  enacted.  That  no  interest  shall  be  charged 
on  any  instalment  which  may  hereafter  become  due,  in  payment  for  any 
of  the  public  lands  of  the  United  States,  wherever  situated,  and  which 
have  been  sold  in  pursuance  of  the  act,  intituled  "  An  act  to  amend  the 
act  intituled  An  act  providing  for  the  sale  of  the  lands  of  the  United 
States,  in  the  territory  northwest  of  the  Ohio,  and  above  the  mouth  of 
Kentucky  river,"  or  which  may  hereafter  be  sold  by  virtue  of  that,  or 
of  any  other  act  of  Congress :  Provided,  that  such  instalments  shall 
be  paid  on  the  day  on  which  the  same  shall  become  due ;  but  the  inter- 
est shall  be  charged  and  demanded  in  conformity  with  the  provisions 
heretofore  in  force,  from  the  date  of  the  purchase  on  each  instalment 
which  shall  not  be  paid  on  the  day  on  which  the  same  shall  become  due : 
Provided  however,  that  on  the  instalments  which  are  or  may  become 
due  before  the  first  day  of  October  next,  interest  shall  not  be  charged, 
except  from  the  time  they  became  due  until  paid,  but  in  failure  to  pay 
the  said  instalments  on  the  said  first  day  of  October,  interest  shall  be 
charged  thereon,  in  conformity  with  the  provisions  heretofore  in  force, 
from  the  date  of  the  purchase. 

Sec.  12.  And  be  it  further  enacted,  That  the  sections  which  have 
been  heretofore  reserved,  and  are  by  this  act  directed  to  be  sold,  also, 
the  fractional  sections,  classed  as  is  by  the  ninth  section  of  this  act  direct- 
ed, and  all  the  other  lands  of  the  United  States,  north  of  the  Ohio,  and 
above  the  mouth  of  Kentucky  river,  shall  be  offered  for  sale  in  quar- 
ter sections,  to  the  highest  bidder,  under  the  directions  of  the  register  of 
the  land-office,  and  of  the  receiver  of  public  monies,  at  the  places,  re- 
spectively, where  the  land-offices  are  kept,  that  is  to  say ;  the  lands  in 
the  districts  of  Chilicothe,  on  the  first  Monday  of  May ;  the  lands  in  the 
district  of  Marietta,  on  the  second  Monday  of  May ;  the  lands  in  the 
district  of  Zanesville,  on  the  third  Monday  of  May ;  the  lands  in  the 
district  of  SteubenviUe,  on  the  second  Monday  of  June ;  and  the  lands 
in  the  district  of  Cincinnati,  on  the  first  Monday  of  September.  The 
sales  shall  remain  open  at  each  place  no  longer  than  three  weeks ;  the 
lands  which  may  be  thus  sold,  shall  not  be  sdd  for  less  than  two  dollars 
per  acre,  and  shall,  in  every  other  respect  be  sold  on  the  same  terms  and 
conditions,  as  is  provided  for  the  sale  of  lands  sold  at  private  sale.  And 
all  the  other  public  lands  of  the  United  States,  either  north  of  the  Ohio, 
or  south  of  the  state  of  Tennessee,  which  are  directed  to  be  sold  at  pub- 
lic sale,  shall  be  offered  for  sale  to  the  highest  bidder,  in  quarter  sections: 
Provided  however,  that  section  number  twenty-six  of  the  third  town- 
ship of  the  second  fractional  range,  within  the  grant  made  by  the  United 
States  to  John  ClevesSymmes,  on  which  is  erected  a  mill-dam,  is  hereby 
granted  to  Joseph  Vanhorne,  the  proprietor  of  the  said  dam;  and  also, 
Uiat  section  number  twenty-nine  of  the  second  township  of  the  fourth 
entire  range,  be  granted  to  James  Sutton;  and  also,  that  section  number 

Vol.  11.— 36  2  a  2 


No  fractional 
■ections  to  be 
•old  at  private 
sale  until  afler 
offer  at  public 
■ale. 

Public  lands 
of  the  U.  Sutes 
may  be  sold  in 
whole,  half  or 
<^uarter  sec- 
tions. 


AU  subdivi. 
sionstobeatthe 
expense  of  pur- 
ehasen. 

Interest  not 
payable  for  pur- 
chases  of  public 
land,  if  the  prin- 
cipal be  punc- 
tually paid. 

Act  of  May 
18, 1796,  ch.  29. 


Certain     sec- 
tions   of   landfl 
and     fractional 
sections  and 
other  public 
land  north  of 
the  Ohio  and 
ab<i?e  the  mouth 
of  Kentucky 
river,  to  be  of- 
fered for  sale. 

(Act  of  May 
18,  1796,  ch. 
29.) 

Under  whose 
direction. 

Times  and 
places  of  sale. 

How  long  the 
sales  to  re- 
main open. 

Terms  of 
sales. 

Other  public 
lands  north  of 
the  Ohio,  or 
south  of  Ten- 
nessee to  bo 
offered  to  the 
highest  bidder, 
in  quarter  sec- 
tions. 

Reservations 
in   fkvour  of  a 


282 


EIGHTH  CONGRESS.    Sbss.  I.  Ch.  35.    1804. 


gnnt  to  Jolm  C. 
Sjmmet  and 
othen. 

Public  landfly 
after  haTing 
been  fanrejed. 
to  be  divided 
by  the  Secretary 
of  the  Treasory, 
into  sunreying 
districts. 

For  each  of 
which  a  depatY 
surreyor,  with 
the  approbation 
of  the  Secretary 
of  the  Treasury, 
shall  be  ap. 
pointed. 

Oath  of  office. 

His  dnttes. 

The  snrreyor- 
general  to  fhi^ 
nish  the  depu- 
ties with  copies 
of  the  plats  and 
fractional  parts 
of  townships  in 
their  districts. 

Fees  of  the 
depaties. 

Limitation  of 
grant  of  a  cer- 
tificate. 


Additional 
compensation  to 
thenegistersand 
receivers  of 
public  monies 
of  the    several 
land-offices. 


Certain  fees 
heretofore  pay- 
able discontin- 
ued. 

Books  of  the 
officers  of  the 
l»nd.  offices  to 
be  annually  ex- 
amined, and  the 
balance  in  their 
hands  ascertain- 
ed. 

Fees  hereto- 
fore demanda* 
ble  for  patents 
no  longer  paya- 
ble. 

Registers  of 
the  land-offices 
to  transmit  the 
final  certificates 
of  purchasers  to 
the  register  of 
the  treasury,— 
postage  to  be 
paid  by  the  pur- 
chasers. 

Commissions 
to  remain  in 
force  till  the  end 


twenty-one  of  the  ninth  township  of  the  twenty-firat  range,  be  granted 
to  Christian  Van  Gundy,  on  their  payment  of  the  parchase  money, 
agreeably  to  the  provisions  made  by  law,  for  lands  sold  at  private  sale. 

Sec.  13.  And  be  it  jurther  enacted^  That  whenever  any  of  the  public 
lands  shall  have  been  surveyed  in  the  manner  directed  by  law,  they  shall 
be  divided  by  the  Secretary  of  the  Treasury  into  convenient  surveying 
districts,  and  a  deputy  surveyor  shall,  with  the  approbation  of  the  said 
secretary,  be  appointed  by  the  surveyor-general  for  each  district,  who 
shall  take  an  oath  or  affirmation  truly  and  faithfully  to  perform  the 
duties  of  his  office ;  and  whose  duty  it  shall  be  to  run  and  mark  such 
lines  as  may  be  necessary  for  subdividing  the  lands  surveyed  as  aforesaid, 
into  sections,  half  sections  or  quarter  sections,  as  the  case  may  be;  to 
ascertain  the  true  contents  of  such  subdivisions;  and  to  record  in  a 
book  to  be  kept  for  that  purpose,  the  surveys  thus  made.  The  surveyor- 
general  shall  furnish  each  deputy  surveyor  with  a  copy  of  the  plat  of  the 
townships  and  fractional  parts  of  townships  contained  in  his  district, 
describing  the  subdivisions  thereof,  and  the  marks  of  the  corners. 
Each  deputy  surveyor  shall  be  entitled  to  receive  from  the  purchaser  of 
any  tract  of  land,  of  which  a  line  or  lines  shall  have  been  run  and 
marked  by  him,  at  the  rate  of  three  dollars  for  every  mile  thus  surveyed 
and  marked,  before  he  shall  deliver  to  him  a  copy  of  the  plat  of  such 
tract,  stating  its  contents.  The  fees  payable  by  virtue  of  former  laws 
for  surveying  expenses  shall,  aAer  the  first  day  of  July  next,  be  no  longer 
demandable  from,  and  paid  by  the  purchasers.  And  no  final  certificate 
shall  thereafter  be  given  by  the  register  of  any  land-office  to  the  purchaser 
of  any  tract  of  land,  all  the  lines  of  which  shall  not  have  been  run,  and 
the  contents  ascertained  by  the  surveyor-general  or  his  assistants,  unless 
such  purchaser  shall  lodge  with  the  said  register  a  plat  of  such  tract, 
certified  by  the  district  surveyor. 

Sec.  14.  And  he  it  further  enacted.  That  from  and  after  the  first  day 
of  April  next,  each  of  the  registers  and  receivers  of  public  monies  of 
the  several  land-offices  established  by  law,  either  north  of  the  river  Ohio, 
or  south  of  the  state  of  Tennessee,  shall,  in  addition  to  the  commission 
heretofore  allowed,  receive  one  half  per  cent,  on  all  the  monies  paid  for 
public  lands  sold  in  their  respective  offices,  and  an  annual  salary  of  fiy^ 
hundred  dollars,  the  register  and  receiver  of  the  laud-office  at  Marietta 
excepted,  the  annual  salary  of  whom  shall  be  two  hundred  dollars-  And 
firom  and  after  the  same  day  the  fees  payable  by  virtue  of  former  laws, 
to  the  registers  of  the  several  land-offices,  for  the  entry  of  lands  and  for 
certificates  of  monies  paid,  shall  no  longer  be  demandable  from  nor  paid 
by  the  purchasers  of  public  lands.  And  it  shall  be  the  duty  of  the 
Secretary  of  the  Treasury  to  cause,  at  least  once  every  year,  the  books 
of  the  officers  of  the  land-offices  to  be  examined,  and  the  balance  of 
public  monies  in  the  hands  of  the  several  receivers  of  public  monies  of 
the  said  offices,  to  be  ascertained. 

Sec.  16.  And  he  it  furthtr  enacted.  That  from  and  after  the  first  day 
of  April  next,  the  fees  heretofore  payable  for  patents  for  lands,  shall  no 
longer  be  paid  by  the  purchasers.  And  it  shall  be  the  duty  of  every 
register  of  a  land-omce  on  application  of  the  party,  to  transmit,  by  mail, 
to  the  register  of  the  treasury,  the  final  certificate  granted  by  such  regis- 
ter to  the  purchaser  of  any  tract  of  land  sold  at  his  office :  and  it  shall 
be  the  duty  of  the  register  of  the  treasury,  on  receiving  any  such  certi- 
ficate, to  obtain  and  transmit,  by  mail,  to  the  register  of  the  proper  land- 
office,  the  patent  to  which  such  purchaser  is  entitled ;  but,  in  every  such 
instance,  the  party  shall  previously  pay  to  the  proper  deputy  postmaster, 
the  postage  accruing  on  the  transmission  of  such  certificate  and  patent. 

Sec  16.  And  he  it  further  enacted,  That  the  President  of  the  United 
States  shall  have  full  power  to  appoint  and  commission  the  several  regis- 
ters and  receivers  of  public  monies  of  the  land-offices  established  by  this 


EIGHTH  CONGRESS.    Sess.  L  Ch.  36,  38.     1804. 

Id,  in  the  recess  of  Congress;  and  their  commissions  shall  continue  in 
force  until  the  end  of  the  session  of  Congress  next  ensuing  such  ap- 
pointment ,  , 

S«c.  17,  And  he  it  further  enacted,  That  the  several  supenntendents 
of  the  public  sales  directed  by  thb  act,  shall  receive  six  dollars  each,  for 
each  day's  attendance  on  the  said  sales. 

Sec.  la  And  he  U  Jurther  enacted,  That  a  sum  not  exceeding  twenty 
thousand  dollars  be,  and  the  same  is  hereby  appropriated,  for  the  purpose 
of  carrying  this  act  into  effect;  which  sum  shall  be  paid  out  of  any  un- 
appropriated monies  in  the  treasury. 

Approtep,  March  26,  1804. 


283 

of  the  next  ses- 
sion of  Con- 
gress. 

Per  diem  al- 
lowance to  an- 
perintendents 
of  sales. 

Sam     appro- 
priated to  carry 
this    act   into 
efTeet. 


Statute  I. 


Chap.  XXXVI.— win  Jet  altering  the  time  far  the  next  meeHng  cf  Congrem.  March  26, 1804, 

Be  it  enacted  hy  the  Senate  and  House  ofRepresentaHves  of  the  United  ^^^^^^^^ 

States  of  America  tn  Congress  assembled,  That  after  the  expiration  of  the  Monday  in  No- 

present  session,  the  next  meeting  of  Congress  shall  be  on  the  first  Mon-  vember,  1804. 
day  of  November  next 

Approved,  March  26,  1804. 


Chap.  XXXVIII. — Jtn  Jkt  erecting  Louinana  into  two  territories,  and  providing 
for  the  temporary  government  thereof.^a) 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assemhUd,  That  all  that  portion  of  coun- 
try ceded  by  France  to  the  United  States,  under  the  name  of  Louisiana, 
which  lies  south  of  the  Mississippi  territory,  and  of  an  east  and  west  line 
to  commence  on  the  Mississippi  river,  at  the  thirty-third  degree  of  north 
latitude,  and  to  extend  west  to  the  western  boundary  of  the  said  cession, 
shall  constitute  a  territory  of  the  United  States,  under  the  name  of  the 
territory  of  Orleans;  the  government  whereof  shall  be  organized  and 
administered  as  follows : 

Sec.  2.  The  executive  power  shall  be  vested  in  a  governor,  who  shall 
reside  in  the  said  territory,  and  hold  his  office  during  the  term  of  three 
years,  unless  sooner  removed  by  the  President  of  the  United  States.  He 
shall  be  commander  in  chief  of  the  militia  of  the  said  territory ;  shall 
have  power  to  grant  pardons  for  offences  against  the  said  territory,  and 
reprieves  for  those  against  the  United  States,  until  the  decision  of  the 
President  of  the  United  States  thereon,  shall  be  made  known ;  and  to 
appoint  and  commission  all  officers  civil  and  of  the  militia,  whose  ap- 
pointments are  not  herein  otherwise  provided  for,  and  which  shall  be 
established  by  law.  He  shall  take  care  that  the  laws  be  faithfully  executed. 

Sec.  3.  A  secretary  of  the  territory  shall  also  be  appointed,  who  shall 
hold  his  office  during  the  term  of  four  years,  unless  sooner  removed  by 
the  President  of  the  United  States,  whose  duty  it  shall  be,  under  the 
direction  of  the  governor,  to  record  and  preserve  all  the  papers  and  pro- 
ceeding of  the  executive,  and  all  the  acts  of  the  governor  and  legislative 
council,  and  transmit  authentic  copies  of  the  proceedings  of  the  governor 

(tf)  Prior  acts  relating  to  Louisiana. — An  act  to  enable  the  President  of  the  United  States  to  take  pos- 
session of  the  territories  ceded  by  France  to  the  United  States  hj  the  treaty  concluded  at  Paris,  on  the 
90th  of  Apri]  last,  and  for  the  temporair  gOTemment  thereof,  Oct.  31,  1803,  chap.  1 ;  an  act  aathorizing 
the  creation  of  a  stock  to  the  amount  or  eleven  millions  two  hundred  and  fifty  thousand  dollars  for  the 
purpose  of  carrying  into  effect  the  convention  of  the  thirtieth  of  April,  1803,  between  the  United  States 
of  America  and  the  French  Republic,  and  making  proTision  for  the  payment  of  the  same.  Not.  10,1803, 
chap.  S }  an  act  making  proTision  for  the  oavment  of  claims  of  citiaens  of  the  United  Sutes,  on  the 
gOTemment  of  France,  the  payment  of  whicn  has  been  assumed  by  the  United  States,  by  virtue  of  the 
couTention  of  the  thirtieth  of  April,  1803,  between  the  United  States  and  the  French  Republic,  NoTomber 
10, 1803,  chap.  3 ;  an  act  to  repeal  an  act  entitled,  <<  An  act  to  allow  a  drawback  or  duties  on  goods 
ezported  to  New  Orleans,  and  tnerein  to  amend  the  act  entitled.  An  act  to  regulate  the  duties  on  imports 
and  tonnage,'*  Not.  S5,  1803,  chap.  5. 


Statute  I. 
March  26, 1804. 

Act  of  Feb. 
20, 1811, ch.  21. 
Act  of  April  8, 
1812,  ch.  60. 
Act  of  AprU  14, 
1812,  ch.  67. 

Lands    south 
ofthoMississip- 

Ei  territory  in 
.ouisiana  made 
the  territory  of 
Orleans. 

The  ezecutiTe 
power — ^how 
constituted. 

To   hold   his 
office  three 
years. 

The  goTor- 
nor's  powers, 
duties  and  au- 
thority. 


A  secretary  to 
be  appointed. 


S84 


EIGHTH  CONGRESS.    Sess.  1.  Ch.  36.    1804. 


In  case  of  rt- 
cancjTy  the  ffo- 
vernment  to  ae- 
Tolve  upon  him. 

A   legialatiTe 
council  to  be 
appointed  by 
the  President 

The  governor 
with  the  advice 
and  consent  of 
the  councilyinay 
alter  or  repeal 
laws,  &c. 

Legislative 
powers  of  the 
council. 

No  law  to  be 
valid  that  is  re- 
pugnsnt  to  the 
constitution, flic, 
of  the  U.  States; 
to  be  a  perfect 
equality  and 
freedom  in  reli- 
gious matters. 

Laws  to  be 
published:  and 
rrom  time  to 
time  to  be  re- 
ported to  the 
President,  who 
is  to  lay  them 
before  Con- 
gress, for  their 
approbation. 

Governor  and 
council  to  have 
no  control  over 
the  primary  dis- 
posal of  the  soil, 
nor  to  tax  the 
lands  of  the  U. 
States,  nor  to 
decide  upon  in- 
terfering land 
claims. 

Governor  may 
couTene  and 
prorogue  the 
council : — made 
his  dot^  to  ob- 
tain information 
concerning  the 
people,  flee,  of 
Louisiana,  and 
report  it  to  the 
President. 

Judicial  ar- 
rangement  for 
the  territory. 

Inhabitants  of 
the  territory  en- 
titled  to  the 
benefit  of  the 
writ  of  habeas 
corpus;  bailable 
but  in  certain 
cases,  and  ex- 
empt from  all 
cruel  and  unu- 
sual punish- 
ments. 

Governor,  flu. 
may  be  appoint- 
ed oy  the  Presi- 
dent, in  the  re- 
cess of  the  sen- 
ate ;  but  in  that 


in  his  executive  department,  every  six  months,  to  the  President  of  the 
United  States.  In  case  of  the  vacancy  of  the  office  of  governor,  the 
government  of  the  said  territory  shall  devolve  on  the  secretary. 

Seg.  4.  The  legislative  powers  shaU  be  vested  in  the  governor,  and  in 
thirteen  of  the  most  fit  and  discreet  persons  of  the  territory,  to  be  called 
the  legislative  council,  who  shall  be  appointed  annually  by  the  President 
of  the  United  States  from  among  those  holding  real  estate  therein,  and 
who  shall  have  resided  one  year  at  least,  in  the  said  territory,  and  hold 
no  office  of  profit  under  the  territory  or  the  United  States.  The  go- 
vernor, by  and  with  advice  and  consent  of  the  said  legislative  council, 
or  of  a  majority  of  them,  shall  have  power  to  alter,  modify,  or  repeal  the 
laws  which  nay  be  in  force  at  the  commencement  of  this  act.  Their 
legislative  powers  shall  also  extend  to  all  the  rightful  subjects  of  legis- 
lation ;  but  no  law  shall  be  valid  which  is  inconsistent  with  the  consti- 
tution and  laws  of  the  United  States,  or  which  shall  lay  any  person 
under  restraint,  burthen,  or  disability,  on  account  of  his  religious  opin- 
ions, professions  or  worship ;  in  all  which  be  shall  be  free  to  maintain 
his  own,  and  not  burthened  for  those  of  another.  The  governor  shall 
publish  throughout  the  said  territory,  aU  the  laws  which  shall  be  made, 
and  shall  from  time  to  lime,  report  the  same  to  the  President  of  the 
United  States,  to  be  laid  before  Congress;  which,  if  disapproved  of  by 
Congress,  shall  thenceforth  be  of  no  force.  The  governor  or  legislative 
council  shall  have  no  power  over  the  primary  disposal  of  the  soil,  nor  to 
tax  the  lands  of  the  United  States,  nor  to  interfere  with  the  claims  to 
land  within  the  said  territory.  The  governor  shall  convene  and  prorogue 
the  legislative  council,  whenever  he  may  deem  it  expedient.  It  shaUbe 
his  duty  to  obtain  all  the  information  in  his  power,  in  relation  to  the 
customs,  habits,  and  dispositions  of  the  inhabitants  of  the  said  territory, 
and  communicate  the  same  firom  time  to  time,  to  the  President  of  the 
United  States. 

Sec.  5.  The  judicial  power  shall  be  vested  in  a  superior  court,  and  in 
such  inferior  courts,  and  justices  of  the  peace,  as  the  legislature  of  the 
territory  may  from  time  to  time  establish.  The  judges  of  the  superior 
court  and  the  justices  of  the  peace,  shall  hold  their  offices  for  the  term 
of  four  years.  The  superior  court  shall  consist  of  three  judges,  any  one 
of  whom  shall  constitute  a  court ;  they  shaU  have  jurisdiction  in  all  crimi- 
nal cases,  and  exclusive  jurisdiction  in  all  those  which  are  capital ;  and 
original  and  appellate  jurisdiction  in  all  civil  cases  of  the  value  of  one 
hundred  dollars.  Its  sessions  shall  commence  on  the  first  Monday  of 
every  month,  and  continue  till  all  the  business  depending  before  them 
shall  be  disposed  of  They  shall  appoint  their  own  clerk.  In  all  cri- 
minal prosecutions  which  are  capital,  the  trial  shall  be  by  a  jury  of  twelve 
good  and  lawful  men  of  the  vicinage ;  and  in  all  cases  criminal  and  civil 
in  the  superior  court,  the  trial  shall  be  by  a  jury,  if  either  of  the  parties 
require  it.  The  inhabitants  of  the  said  territorv  shaU  be  entitled  to  the 
benefits  of  the  writ  of  habeas  corpus ;  they  shall  be  bailable,  unless  for 
capital  offences  where  the  proof  shall  be  evident,  or  the  presumption 
great ;  and  no  cruel  and  unusual  punishments  shall  be  inflicted. 

Sec.  6.  The  governor,  secretary,  judges,  district  attorney,  marshal,  and 
all  general  officers  of  the  militia,  shall  be  appointed  by  the  President  of 
the  United  States,  in  the  recess  of  the  Senate ;  but  shall  be  nominated 
at  their  next  meeting  for  their  advice  and  consent.  The  governor,  secre- 
tary, judges,  members  of  the  legislative  council,  justices  of  the  peace,  and 
all  other  officers,  civil  and  of  the  militia,  before  they  enter  upon  the  duties 
of  their  respective  offices,  shall  take  an  oath  or  affirmation  to  support  the 
constitution  of  the  United  States,  and  for  the  faithful  discharge  of  the 
duties  of  their  office ;  the  governor,  before  the  President  of  the  United 
States,  or  before  a  judge  of  the  supreme  or  district  court  of  the  United 
States,  or  before  such  other  person  as  the  President  of  the  United  States 


EIGHTH  CONGRESS.    Ssss.  I.  Ch.  38.    1804. 


285 


■hall  authorize  to  administer  the  same ;  the  secretary,  judges,  and  mem- 
ben  of  the  legislatire  council,  before  the  governor ;  and  all  other  officers 
before  such  persons  as  the  governor  shaB  direct  The  governor  shall 
receive  an  annual  salary  of  five  thousand  dollars;  the  secretary  of  two 
thoosand  dollars ;  and  the  judges  of  two  thousand  doUars  each ;  to  be 
paid  quarter  yearly  out  of  the  revenues  of  impost  and  tonnage,  accruing 
within  the  said  territory.  The  members  of  the  legislative  council  shall 
receive  four  dollars  each  per  day,  durins  their  attendance  in  council. 

Sbc.  7.  And  he  it  further  enacted.  That  the  following  acts,  that  is  to 
say: 

An  act  for  the  punishment  of  certain  crimes  against  the  United 
Sutes. 

An  act,  in  addition  to  an  act,  for  the  punishment  of  certain  crimes 
against  the  United  States. 

An  act  to  prevent  citizens  of  the  United  States  from  privateering 
against  nations  in  amity  with,  or  against  citizens  of  the  United  States. 

An  act  for  the  punishment  of  certain  crimes  therein  specified. 

An  act  respecting  fugitives  from  justice,  and  persons  escaping  from 
serrice  of  their  masters. 

An  act  to  prohibit  the  carrying  on  the  slave  trade  from  the  United 
States  to  any  foreign  place  or  country. 

An  act  to  prevent  the  importation  of  certain  persons  into  certain 
states,  where  by  the  laws  thereof,  their  admission  is  prohibited. 

An  act  to  establish  the  postpoffice  of  the  United  States. 

An  act  further  to  alter  and  establish  certain  post  roads,  and  for  the 
more  secure  carriage  of  the  mail  of  the  United  States. 

An  act  for  the  more  general  promulgation  of  the  laws  of  the  United 
Sutes. 

An  act,  in  addition  to  an  act,  intituled  an  act  for  the  more  general 
promulgation  of  the  laws  of  the  United  States. 

An  act  to  promote  the  progress  of  useful  arts,  and  to  repeal  the  act 
heretofore  made  for  that  purpose. 

An  act  to  extend  the  privilege  of  obtaining  patents  for  useful  disco- 
veries and  inventions  to  certain  persons  therein  mentioned,  and  to 
enlarge  and  define  the  penalties  for  violating  the  rights  of  patentees. 

An  act  for  the  encouragement  of  learning,  by  securing  the  copies  of 
maps,  charts,  and  books,  to  the  authors  and  proprietors  of  such  copies, 
during  the  time  therein  mentioned. 

An  act,  supplementary  to  an  act,  intituled  An  act  for  the  encourage- 
ment of  learning,  by  securing  the  copies  of  maps,  charts,  and  books,  to 
the  authors  and  proprietors  of  such  copies,  during  the  time  therein  men- 
tioned ;  and  extending  the  benefits  thereof  to  the  arts  of  designing, 
engraving,  and  etching  historical  and  other  prints. 

An  act  providing  for  salvage  in  cases  of  recapture. 

An  act  respecting  alien  enemies. 

An  act  to  prescribe  the  mode  in  which  the  public  acts,  records,  and 
judicial  proceedings  in  each  state  shall  be  authenticated,  so  as  to  take 
effect  in  every  other  state. 

An  act  for  establishing  trading  houses  with  the  Indian  tribes. 

An  act  for  continuing  in  force  a  law,  intituled  An  act  for  establishing 
trading  houses  with  the  Indian  tribes.     And 

An  act  making  provision  relative  to  rations  for  Indians,  and  to  their 
visits  to  the  seat  of  government,  shall  extend  to,  and  have  full  force  and 
e^ct  in  the  above  mentioned  territories. 

Szc.  8.  There  shall  be  established  in  the  said  territory  a  district 
court,  to  consist  of  one  judge,  who  shall  reside  therein,  and  be  called  the 
district  judfle,  and  who  shall  hold,  in  the  city  of  Orleans,  four  sessions 
annually ;  Uie  first  to  commence  on  the  third  Monday  in  October  next, 
and  the  three  other  sessions,  progressively,  on  the  third  Monday  of  every 


cue    he    mut 
nominate   them 
at  the  next 
meeting  of  the 
•enate. 

GoTernor,  &c. 
to  take  an  oaUi 
of  office,  fcc. 

Compeniation 
of  the  governor. 
Ice. 

Certain  acta 
of  ConmM  to 
be  in  force  in 
the  territory. 

Act  of  June  5, 
1794,  ch.  M. 

Act  of  April 
S4, 1800,  eh.  35. 

Act  of  Jane 
14,  1797,  ch.  1. 

Act  of  Jan. 
90,  17&9,  ch.  1. 

Act  of  Feb. 
12, 1793,  ch.  7. 

Act  of  March 
22,1794,ch.ll. 

Act  of  Feb. 

28. 1803,  ch.  10. 
Act  of  March 

2, 1799, ch. 43. 
Act  of  March 

26. 1804,  ch.  34. 

Act  of  March 
3, 1796,  ch.  60. 

Act  of  March 
2,  1799«  ch.  30. 

Act  of  Fen. 
21, 1793,  ch.  11. 

Act  of  April 
17, 1800,  ch.  26. 


Act   of  May 
31, 1790,  ch.  16. 


Act  of  April 
29, 1802,  ch. 66. 


Act  of  March 
2,  1799,  ch.  24, 
■ec.  7. 

Act  of  Jnly 
6, 1798,  ch.  66. 

Act  of  May 
26, 1790,  ch.  11. 

Act  of  April 
18, 1796,  ch.  13. 

Act  of  April 
80, 1802,  ch. 39. 

Act  of  May 
13,1800,ch.G8. 


District  court 
of  the  U.  8Utea 
created  in  the 
territory,  the 
court  to  coniiat 
of  one  judge. 


386 


EIGHTH  CONGRESS.    Sess.  I.  Ch.  38.     1804. 


Sesaioni  and 
jurigdiction  of 
the  court. 


A  clerk  to  be 
appointed :  his 
fees  and  emolu- 
ment*. 

An  attornej 
and  a  marshal  to 
be  also  appoint- 
ed. 

Their  com- 
pensation. 

Repealed  Mar 
22,  1812. 


How  juries 
are  to  be  se- 
lected. 


Importation  of 
slaves  forbidden 
under  a  penalty. 


Importation  of 
slaves  brought 
to  the  U.  States 
since  May,  one 
thousand  seven 
hundred  and 
ninetv-eight, 
forbidden  under 
a  penalty. 


No  slaves  to 
be  brought  into 
the  territory  but 
by  citizens  of 
the  U.  States, 
bona  fide  own- 
ers of  them  at 
Uieir  removal. 

Certain    laws 
of  the  territory 
declared  in 
force. 


third  calendar  month  thereafler.  He  shall,  hi  all  things,  have  and  exer« 
cise  the  same  jurisdiction  and  powers,  which  are  by  law  given  to,  or 
may  be  exercised  by  the  judge  of  Kentucky  district ;  and  shall  be  allowed 
an  annual  compensation  of  two  thousand  dollars,  to  be  paid  quarter 
yearly  out  of  the  revenues  of  impost  and  tonnage  accruing  within  the 
said  territory.  He  shall  appoint  a  clerk  for  the  said  district,  who  shall 
reside,  and  keep  the  records  of  the  court,  in  the  city  of  Orleans,  and 
shall  receive  for  the  services  performed  by  him,  the  same  fees  to  which 
the  clerk  of  Kentucky  district  is  entitled  for  similar  services. 

There  shall  be  appointed  in  the  said  district,  a  person  learned  in  the 
law,  to  act  as  attorney  for  the  United  States,  who  shall,  in  addition  to 
his  stated  fees,  be  paid  six  hundred  doUars,  annually,  as  a  full  compen- 
sation for  all  extra  services.  There  shall  also  be  appointed  a  marshal 
for  the  said  district,  who  shall  perform  the  same  duties,  be  subject  to  the 
same  regulations  and  penalties,  and  be  entitled  to  the  same  fees  to  which 
marshals  in  other  districts  are  entitled  for  similar  services ;  and  shall 
moreover  be  paid  two  hundred  dollars,  annually,  as  a  compensation  for 
all  extra  services. 

Sec.  9.  All  free  male  white  persons,  who  are  housekeepers,  and  who 
shall  have  resided  one  year,  at  least,  in  the  said  territory,  shall  be  qua- 
lified to  serve  as  grand  or  petit  jurors,  in  the  courts  of  the  said  territory  ; 
and  they  shall,  until  the  legislature  thereof  shall  otherwise  direct,  be 
selected  in  such  manner  as  the  judges  of  the  said  courts,  respectively, 
shall  prescribe,  so  as  to  be  most  conducive  to  an  impartial  trial,  and  to 
be  least  burthensome  to  the  inhabitants  of  the  said  territory. 

Sec.  10.  It  shaU  not  be  lawful  for  any  person  or  persons  to  import  or 
bring  into  the  said  territory,  from  any  port  or  place  without  the  limits 
of  the  United  States,  or  cause  or  procure  to  be  so  imported  or  brought, 
or  knowingly  to  aid  or  assist  in  so  importing  or  bringing  any  slave  or 
slaves.  And  every  person  so  offending,  and  being  thereof  convicted 
before  any  court  within  said  territory,  having  competent  jurisdiction, 
shall  forfeit  and  pay  for  each  and  every  slave  so  imported  or  brought, 
the  sum  of  three  hundred  dollars;  one  moiety  for  the  use  of  the  United 
States,  and  the  other  moiety  for  the  use  of  the  person  or  persons  who 
shall  sue  for  the  same ;  and  every  slave  so  imported  or  brought,  shall 
thereupon  become  entitled  to,  and  receive  his  or  her  freedom.  It  shall 
not  be  lawful  for  any  person  or  persons  to  import  or  bring  into  the  said 
territory,  from  any  port  or  place  within  the  limits  of  the  United  States, 
or  to  cause  or  procure  to  be  so  imported  or  brought,  or  knowingly  to  aid 
or  assist  in  so  importing  or  bringing  any  slave  or  slaves,  which  shall 
have  been  imported  since  the  first  day  of  May,  one  thousand  seven 
hundred  and  ninety-eight,  into  any  port  or  place  within  the  limits  of  the 
United  States,  or  which  may  hereafter  be  so  imported,  from  any  port  or 
place  without  the  limits  of  the  United  States;  and  every  person  so 
offending,  and  being  thereof  convicted  before  any  court  within  said 
territory,  having  competent  jurisdiction,  shall  forfeit  and  pay  for  each 
and  every  slave  so  imported  or  brought,  the  sum  of  three  hundred 
dollars,  one  moiety  for  the  use  of  the  United  States,  and  the  other 
moiety  for  the  use  of  the  person  or  persons  who  shall  sue  for  the 
same ;  and  no  slave  or  slaves  shall  directly  or  indirectly  be  introduced 
into  said  territory,  except  by  a  citizen  of  the  United  States,  remov- 
ing into  said  territory  for  actual  settlement,  and  being  at  the  time 
of  such  removal  bona  fide  owner  of  such  slave  or  slaves ;  and  every 
slave  imported  or  brought  into  the  said  territory,  contrary  to  the  pro- 
visions of  this  act,  shall  thereupon  be  entitled  to,  and  receive  his  or 
her  freedom. 

Sec.  11.  The  laws  in  force  in  the  said  territory,  at  the  commencement 
of  this  act,  and  not  inconsistent  with  the  provisions  thereof,  shall  con- 
tinue in  force,  until  altered,  modified,  or  repealed  by  the  legislature. 


EIGHTH  CONGRESS.    Sess.  I.  Ch.  38.    1804. 


287 


Sec.  12.  The  residue  of  the  province  of  Louisiana,  ceded  to  the 
United  States,  shall  be  called  the  district  of  Louisiana,  the  government 
whereof  shaU  be  organized  and  administered  as  follows : 

The  executive  power  now  vested  in  the  governor  of  the  Indiana  terri- 
tory, shall  extend  to,  and  be  exercised  in  the  said  district  of  Louisiana. 
The  governor  and  judges  of  the  Indiana  territory  shall  have  power  to 
establish,  in  the  said  district  of  Louisiana,  inferior  courts,  and  prescribe 
their  jurisdiction  and  duties,  and  to  make  all  laws  which  they  may  deem 
conducive  to  the  good  government  of  the  inhabitants  thereof:  Provided 
however,  that  no  law  shall  be  valid  which  is  inconsistent  with  the  consti- 
tution and  laws  of  the  United  States,  or  which  shall  lay  any  person 
under  restraint  or  disability  on  account  of  his  religious  opinions,  pro- 
fession, or  worship ;  in  all  of  which  he  shall  be  free  to  maintain  bis 
own,  and  not  burthened  for  those  of  another :  And  provided  also,  that 
in  all  criminal  prosecutions,  the  trial  shall  be  by  a  jury  of  twelve  good 
and  lawful  men  of  the  vicinage,  and  in  all  civil  cases  of  the  value  of  one 
hundred  dollars,  the  trial  shall  be  by  jury,  if  either  of  the  parties  require 
it.  The  judges  of  the  Indiana  territory,  or  any  two  of  them,  shall  hold 
annually  two  courts  within  the  said  district,  at  such  place  as  will  be  most 
convenient  to  the  inhabitants  thereof  in  general,  shall  possess  the  same 
jurisdiction  they  now  possess  in  the  Indiana  territory,  and  shall  continue 
in  session  until  all  the  business  depending  befor/e  them  shall  be  disposed 
of.  It  shall  be  the  duty  of  the  secretary  of  the  Indiana  territory  to  record 
and  preserve  all  the  papers  and  proceedings  of  the  governor,  of  an  execu- 
tive nature,  relative  to  the  district  of  Louisiana,  and  transmit  authentic 
copies  thereof  every  six  months  to  the  President  of  the  United  States. 
The  governor  shall  publish  throughout  the  said  district,  all  the  laws  which 
may  be  made  as  aforesaid,  and  shall  from  time  to  time  report  the  same 
to  the  President  of  the  United  States,  to  be  laid  before  Congress,  which, 
if  disapproved  of  by  Congress,  shall  thenceforth  cease,  and  be  of  no 
effect. 

The  said  district  of  Louisiana  shall  be  divided  into  districts  by  the 
governor,  under  the  direction  of  the  President,  as  the  convenience  of 
the  settlements  shall  require,  subject  to  such  alterations  hereafter  as 
experience  may  prove  more  convenient.  The  inhabitants  of  each  dis- 
trict, between  the  ages  of  eighteen  and  forty-five,  shall  be  formed  into  a 
militia,  with  proper  officers,  according  to  their  numbers,  to  be  appointed 
by  the  governor,  except  the  commanding  officer,  who  shall  be  appointed 
by  the  rresident,  and  who  whether  a  captain,  a  major  or  a  colonel,  shall 
be  the  commanding  officer  of  the  district,  and  as  such,  shall,  under  the 
governor,  have  command  of  the  regular  officers  and  troops  in  his  dis- 
trict, as  well  as  of  the  militia,  for  which  he  shall  have  a  brevet  commis- 
sion, giving  him  such  command,  and  the  pay  and  emoluments  of  an 
officer  of  the  same  grade  in  the  regular  army;  he  shall  be  specially 
charged  with  the  employment  of  the  military  and  militia  of  his  district, 
in  cases  of  sudden  invasion  or  insurrection,  and  until  the  orders  of  the 
governor  can  be  received,  and  at  all  times  with  the  duty  of  ordering  a 
military  patrol,  aided  by  militia  if  necessary,  to  arrest  unauthorized 
settlers  in  any  part  of  his  district,  and  to  commit  such  offenders  to  jail 
to  be  dealt  with  according  to  law. 

Sec.  13.  The  laws  in  force  in  the  said  district  of  Louisiana,  at  the 
commencement  of  this  act,  and  not  inconsistent  with  any  of  the  provi- 
sions thereof,  shall  continue  in  force  until  altered,  modified  or  repealed 
by  the  governor  and  judges  of  the  Indiana  territory,  as  aforesaid. 

Sec.  14.  And  he  it  further  enacted,  That  all  grants  for  lands  within  the 
territories  ceded  by  the  French  Republic  to  the  United  States,  by  the 
treaty  of  the  thirtieth  of  April,  in  the  year  one  thousand  eight  hundred 
and  three;  the  title  whereof  was,  at  the  date  of  the  treaty  of  St  Ildefonso, 
in  the  crown,  government  or  nation  of  Spain,  and  every  act  and  pro- 


The    remain- 
ing part  of  Lou- 
isiana    made    a 
aeparate  dis- 
trict. 

The  ezecatiTe 
power  of  In. 
diana  extended 
to  this  district, 
and  the  legisla- 
tive also. 

ProTiso. 


In  all  criminal 
cases  tlie  trial  to 
be  by  jury. 

The  jodges  to 
hold  two  annual 
sessions  of  the 
district  court  in 
the  Indiana  ter- 
ritory. 

The  secretary 
of  the  territory 
to  keep  a  record 
of  executive  pro- 
ceedings &nd 
transmit  copies 
to  the  President 

Laws  to  be 
published  by  the 
governori  and 
copies  to  be  tent 
to  the  President, 
for  the  lanction 
of  Congreis. 
DistrictofLou- 
isiana  tobe  sub- 
divided. 

Militii  formed 
out  of  the  in- 
habitant! of  the 
particuhr  dis- 
tricts. 

Officers  to  be 
appointed  fcc. 


Uws  now  in 
foce  in  the  dis- 
triet  of  Louis- 
iaa,  not  incon- 
sstent  with  this 
actfContinued  in 
brce. 

Certain  grants 
or  lands  in  the 
•erritories  ceded 
to  the  U.  States 
which   were   in 


288  EIGHTH  CONGRESS.    Sbss.  I.  Ch.  38.    1804. 

the  crown  of  ceeding  subsequent  thereto,  of  whatsoever  nature,  towards  the  obtaining 

oFthe"uSSy  of  ^^y  P^^*  ^**^®>  ®'  ^^**™  ^  ^^^^  lands,  and  under  whatsoever  authority 

SLlldefomode-  transacted,  or  pretended,  be,  and  the  same  are  hereby  declared  to  be, 

clued  Yoid.  and  to  have  been  from  the  beginning,  null,  void,  and  of  no  effect  in  law 

ProTiso.  or  equity.(a)  Provided  never^less,  that  any  thing  in  this  section  coo- 

(a)  Deciiions  of  tHe  Supreme  Court  on  Louinana  land  titles : — ^Br  the  treaty  of  St.  Ildefonso,  made  on 
the  lat  of  October,  1800,  Spain  ceded  Louisiana  to  France;  and  France,  by  the  treaty  of  Parii,  aigned 
the  30th  of  April,  1803,  ceded  it  to  the  United  Sutea.  Under  this  treaty  the  United  States  claimed  the 
countries  between  the  Ibenrille  and  the  Peidido.  Spain  contended  that  her  cession  to  France  comore- 
bended  onW  that  territory  which  at  the  time  of  the  cession  was  denominated  Louisiana,  consisting  or  the 
island  of  I^w  Orieans,  and  the  country  which  had  been  originally  ceded  to  her  by  France,  west  of  the 
Mississippi.  The  land  claimed  bj  the  plaintiffs  in  error,  under  a  grant  from  the  crown  of  Spain,  made 
after  the  treaty  of  St.  Udefonso,  lies  within  the  disputed  territory ;  and  this  case  presents  the  question, 
to  whom  did  the  country  between  the  Iberville  and  Perdido  belong  after  the  treaty  of  St.  Ddefonso  f  Had 
France  and  Spain  agreed  upon  the  boundaries  of  the  retroceded  territory,  before  Louisiana  was  acquired 
by  the  United  States,  that  agreement  would  undoubtedly  have  ascertained  its  limits.  But  the  declarations 
of  France,  made  after  parting  with  the  proTince,  cannot  be  admitted  as  concIusiYe.  In.  questions  of  this 
character,  political  considerations  have  too  much  influence  over  the  conduct  of  nations,  to  permit  their 
declarations  to  decide  the  course  of  an  independent  goYcmment,  in  a  matter  ritally  interestug  to  itself. 
Foster  et  al.  v.  Neilaon,  S  Peters,  264. 

If  a  Spanish  grantee  had  obtained  possession  of  the  land  in  dispute  so  as  to  be  the  defendant,  would  a 
court  of  the  United  States  maintain  his  title  under  a  Spanish  grant,  made  subsequent  to  the  acquisition 
tf  Louisiana,  singly  on  the  principle  that  the  Spanish  construction  of  the  treatr  of  St.  Ildefonso  was 
nght,  and  the  American  construction  wrong  f  Such  a  decision  would  subvert  tnose  principles  which 
(OYem  the  relations  between  the  legislatiTe  and  judicial  departments,  and  mark  the  limits  of  each.    Ibid. 

The  sound  construction  of  the  8th  article  of  the  treaty  between  the  United  States  and  Spain,  of  the 
S2d  of  February,  1829,  will  not  enable  the  court  to  apply  its  provisions  to  the  case  of  the  plaintiff.  XM4. 
314. 

The  article  does  not  declare  that  all  the  grants  made  by  his  Catholic  majesty  before  the  24th  of  Janu- 
ary, 1818,  shall  be  valid  to  the  same  extent  as  if  the  ceded  territories  had  remained  under  his  dominion. 
It  does  not  say  that  those  grants  are  hereby  confirmed.  Had  such  been  its  lanffuage,  it  would  have  acted 
directly  on  the  subjoct,  and  it  would  have  repealed  those  acts  of  Consress  which  were  repugnant  to  it; 
but  its  lanffuage  is  that  those  grants  shall  be  ratified  and  confirmed  to  tne  persons  in  possession,  fcc.  By 
whom  ihaU  they  be  ratified  and  confirmed  f  This  seems  to  be  the  language  of  contract ;  and  if  it  is,  the 
ratification  and  confirmation  which  are  promised  must  be  the  act  of  the  legislature.  Until  such  act  ahall 
be  passed,  the  court  is  not  at  liberty  to  disregard  the  existing  laws  on  the  subject.    Ihid, 

The  controversy  in  relation  to  the  country  lying  between  the  Mississippi  and  the  Peidido  rivers,  and 
the  validity  of  the  grants  made  by  Spain  in  the  disputed  territory,  after  the  cession  of  Louisiana  to  the 
United  States,  were  careftilly  examined  and  decided  in  the  case  of  Foster  and  Rlam  v.  Neilson.  The 
soprenii  court,  in  that  case,  decided  that  the  question  of  boundary  between  the  United  States  and  Spain 
was  afuestion  for  the  political  departments  of  the  government;  that  the  legislative  and  executive 
branchit  having  decided  the  question,  the  courts  of  the  United  States  are  bound  to  regard  the  boundarv 
determbed  by  Uiem  as  the  true  one;  tiiat  grants  made  by  the  Spanish  authorities  of  lands,  which,  accord- 
ing to  tiis  boundary  line  belonffed  to  the  United  Sutes,  gave  no  title  to  the  grantees,  in  opposition  to 
those  cjiiming  under  the  United  States ;  unless  the  Spanish  grants  were  protected  by  the  subsequent 
arranjenents  made  between  the  two  governments ;  and  that  no  such  arrangements  were  to  be  found  in 
the  tnaiy  of  1819,  by  which  Spain  ceded  the  Floridas  to  the  United  States,  according  to  the  Air  import 
of  its  words,  and  its  true  construction.    Garcia  v.  Lee,  12  Peters,  511. 

In  tie  case  of  Foster  and  Elam  v.  Neilson,  the  supreme  court  said,  that  the  Florida  treaty  of  1819 
declans  that  all  grants  made  before  the  24th  Januarv,  1818,  bv  the  Spanish  authorities, «  shall  be  ratified 
and  coifirmed  to  the  persons  in  possession  of  the  lands^  to  the  same  extent  that  the  same  grants  would 
be  valit,  if  the  territories  had  remained  under  the  dominion  of  his  Catholic  majesty :"  and  in  deciding 
the  cas«  of  Tester  and  Elam,  the  court  held  that  even  if  this  stipulation  applied  to  lands  in  the  territory 
in  quesion,  yet  the  words  used  did  not  import  a  present  confirmation  b^  virtue  of  the  treaty  itself,  but 
that  the;  Tere  words  of  contract;  ''that  tne  ratification  and  confirmation,  which  were  promised,  must 
be  the  act  7f  the  legislature ;  and  until  such  shall  be  passed,  the  court  is  not  at  liberty  to  disregard  the 
existing  hvi  on  the  subject."  Afterwards,  in  the  case  of  the  United  States  v.  Percheman,  7  Peters,  86, 
in  reviewinc  the  words  of  the  eighth  article  of  the  treaty,  the  court,  for  the  reasons  there  assigned,  came 
to  a  differeit  conclusion ;  and  Held  that  the  words  were  words  of  present  confirmation,  by  the  treaty, 
where  the  laid  had  been  rightfuUy  granted  before  the  cession ;  and  that  it  did  not  need  the  aid  of  an  act 
of  Congressto  ratify  and  confirm  the  grant  This  language  was,  however,  applied  by  the  court,  and  was 
intended  to  ipply  to  grants  made  in  a  territory  which  belonged  to  Spain  at  the  time  of  the  grant  The 
case  then  beore  the  court  was  one  of  that  description.  It  was  in  relation  to  a  grant  of  land  in  Florida, 
which  unqucnionably  belonged  to  Spain  at  the  time  tiie  srant  was  made ;  and  where  the  Spanish  authori- 
ties had  an  mdoubted  right  to  grant,  until  the  treatv  of  cession  in  1819.  It  is  of  such  granU  that  the 
court  speak,  vhen  diey  declare  Uiem  to  be  confirmed  and  protected  by  the  true  construction  of  the  trea^ ; 
and  that  they  lo  not  need  the  aid  of  an  act  of  Congress  to  ratify  and  confirm  the  title  of  the  purchaser.  The 
court  do  not  mply  this  principle  to  grants  made  vrithin  the  territonr  of  Louisiana.  The  case  of  Foster 
and  Elam  v.  itilson,  must  in  aJl  other  respects  be  considered  as  affirmed  by  the  case  of  Percheman ;  as 
it  underwent  a  careful  examination  in  that  case,  and  as  none  of  its  principles  were  questioned,  except 
that  referred  to    Garcia  e.  Lee,  12  Peters,  611. 

The  acts  of  -iie  commissioners  appointed  to  adjust  and  settle  land  titles  in  Louisiana,  under  the  acts 
of  Congress  antiorixing  and  confirming  the  same,  are  conclusive  as  to  all  titles  to  lands  which  have  been 
confirmed,  according  to  the  provisions  of  the  different  acU  of  Congress  on  the  subject.  Strother  v.  Lu- 
cas, 12  Peters,  <10.    See  also  The  United  States  v.  Percheman,  7  Peters,  86. 


EIGHTH  CONGRESS.    Skss.  I.  Ch.  38.    1804. 


289 


Uined  shatt  not  be  construed  to  make  null  and  void  any  bona  fide  grant, 
made  agreeably  to  the  laws,  usages  and  customs  of  the  Spanish  govern- 
ment to  an  actual  settler  on  the  lands  so  granted,  for  himself,  and  for 
his  wife  and  family ;  or  to  make  null  and  void  any  bona  fide  act  or  pro- 
ceeding done  by  an  actual  settler  agreeably  to  the  laws,  usages  and 
customs  of  the  Spanish  government,  to  obtain  a  grant  for  lands  actiyilly 
settled  on  by  the  person  or  persons  claiming  title  thereto,  if  such  settle- 
ment in  either  case  was  actually  made  prior  to  the  twentieth  day  of 
December,  one  thousand  eight  hundred  and  three :  And  provided  JurtheTf 
that  such  grant  shall  not  secure  to  the  grantee  or  his  assigns  more  than 
one  mile  square  of  land,  together  with  such  other  and  further  quantity 
as  heretofore  hath  been  allowed  for  the  wife  and  family  of  such  actual 
settler,  agreeably  to  the  laws,  usages  and  customs  of  the  Spanish  govern- 
ment And  that  if  any  citizen  of  the  United  States,  or  other  person, 
shall  make  a  settlement  on  any  lands  belonging  to  the  United  States, 
within  the  limits  of  Louisiana,  or  shall  survey,  or  attempt  to  survey, 
such  lands,  or  to  designate  boundaries  by  marking  trees,  or  otherwise, 
such  offender  shall,  on  conviction  thereof,  in  any  court  of  record  of  the 
United  States,  or  the  territories  of  the  United  States,  forfeit  a  sum  not 
exceeding  one  thousand  ddlars,  and  suffer  imprisonment  not  exceeding 
twelve  months ;  and  it  shall,  moreover,  be  lawful  for  the  President  of  the 
United  States  to  employ  such  military  force  as  he  may  judge  necessary 
to  remove  from  lands  belonging  to  the  United  States  any  such  citizen  or 
other  person,  who  shall  attempt  a  settlement  thereon. 

Sec.  15.  The  President  of  the  United  States  is  hereby  authorized  to 
stipulate  with  any  Indian  tribes  owning  lands  on  the  east  side  of  the 
Mississippi,  and  residing  thereon,  for  an  exchange  of  lands,  the  property 
of  the  United  States,  on  the  west  side  of  the  Mississippi,  in  case  the 
eaid  tribes  shall  remove  and  settle  thereon;  but  in  such  stipulation,  the 
flaid  tribes  shall  acknowledge  themselves  to  be  under  the  protection  of 
the  United  States,  and  shall  agree  that  they  will  not  hold  any  treaty  with 
any  foreign  power,  individual  state,  or  with  the  individuals  of  any  state 
or  power;  and  that  they  will  not  sell  or  dispose  of  the  said  lands,  or  any 
part  thereof,  to  any  sovereign  power,  except  the  United  States,  nor  to 
the  subjects  or  citizens  of  any  other  sovereign  power,  nor  to  the  citizens 
of  the  United  States.  And  in  order  to  mamtain  peace  and  tranquillity 
with  the  Indian  tribes  who  reside  within  the  limits  of  Louisiana,  as 
ceded  by  France  to  the  United  States,  the  act  of  Congress,  passed  on 
the  thirtieth  day  of  March,  one  thousand  eight  hundred  and  two,  inti- 
tuled *<An  act  to  regulate  trade  and  intercourse  with  the  Indian  tribes, 
and  to  preserve  peace  on  the  frontiers,"  is  hereby  extended  to  the  terri- 
tories erected  and  established  by  this  act;  and  the  sum  of  fifteen  thou- 
sand dollars  of  any  money  in  the  treasury  not  otherwise  appropriated  by 
law,  is  hereby  appropriated  to  enable  the  President  of  the  United  States 
to  effect  the  object  expressed  in  this  section. 

Sec.  16.  The  act,  passed  on  the  thirty-first  day  of  October,  one  thou- 
sand eight  hundred  and  three,  intituled  '<An  act  to  enable  the  President 
of  the  United  States  to  take  possession  of  the  territories  ceded  by 
France  to  the  United  States,  by  the  treaty  concluded  at  Paris,  on  the 
thirtieth  day  of  April  last,  and  for  the  temporary  government  thereof," 
shall  continue  in  force  until  the  first  day  of  October  next,  any  thing 
therein  to  the  contrary  notwithstanding;  on  which  said  first  day  of  Octo- 
ber, this  act  shall  commence,  and  have  full  force,  and  shall  continue  in 
force  for  and  during  the  term  of  one  year,  and  to  the  end  of  the  next 
session  of  Consress  which  may  happen  thereafter. 

Apfsotbd,  March  26,  1804. 


Gnnti  to  ac- 
tual Mttlera  61- 
cepted. 


ProTim. 

LimiUtion  of 
■ach  gnats. 


Prohibition  of 
•ettlementi  on 
the  lands  of  the 
United  Sutes. 


President  an- 
thorised  to  en- 
ter into  certain 
agreements  with 
the  Indian 
Tribes,  owning 
lands  on  the 
east  side  of  the 
Mississippi. 


The  act  to  re- 
gulate trade,  fcc. 
and  to  presenre 
oeace  on  the 
nontierstextend- 
ed  to  the  terri- 
tory ceded  by 
France  to  the 
United  States. 

Act  of  March 
30,  1802,  ch.  13. 

Limitation  of 
a  former  and  the 
commencement 
of  this  act 

Act  of  Octo- 
ber 31,  1803, 
ch.  1. 

This  act  to  be 
in  force  on  the 
Ist  of  October, 
1804,  and  to 
continue  for  one 
year. 


Vol.  IT.-^ 


SB 


290 


EIGHTH  CONGRESS.    Sesb.  I.  Ch.  39, 40.    1804. 


Statute  I. 
March  S6, 1804. 

Act  of  March 
16,  1803,  cb.  9. 
Act  of  March  3, 
1816,  ch.  78. 
Act  of  April  24, 
1816,  ch.  69. 
Act  of  April  14, 
1818,  ch.  66. 
Act  of  May  12, 

1820,  ch.    96. 
Act  of  March  2, 

1821,  ch.  12. 
More  anr- 

geon'a  matea 
may  be  appoint, 
cd. 

An  equiTalent 
in  malt  liqaora 
or  lowwineafor 
whiskey,  &c. 

Statute  I. 


Chap.  XXXIX.-— .in  Jld^  in  addiiion  to  **j8n  ad  for  fixing  ike  miUlary  peau 
edahlithmeni  tf  the  United  &x(ef.'* 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled^  That  there  shall  I>e  appointed, 
in  addition  to  the  surgeon's  mates,  provided  ibr  by  the  "act  fixing  the 
military  peace  establishment  of  the  United  States,"  as  many  surgeon's 
mates,  not  exceeding  six,  as  the  President  of  the  United  States  may 
judge  necessary,  to  be  attached  to  garrisons  or  posts,  agreeably  to  the 
provision  of  the  said  act. 

Sec.  2.  And  be  it  further  enacted^  That  an  equivalent  in  malt  liquor 
or  low  wines,  may  be  supplied  the  troops  of  the  United  States,  instead 
of  the  rum,  whiskey  or  brandy  which,  by  the  said  act,  is  made  a  compo- 
nent part  of  a  ration,  at  such  posts  and  garrisons,  and  at  such  seasons 
of  the  year,  as,  in  the  opinion  of  the  President  of  the  United  States, 
may  be  necessary  to  the  preservation  of  their  health. 

Approved,  March  26, 1804. 


Act  of  April 
30, 1790,  ch.  9. 

Puniihment 
to  a  person  other 
than  the  owner 
who  ahall  caat 
away,  &c.  a  Yea* 
sel  at  aea. 


Puniahment 
to  the  owner  for 
the  like  offence. 


March  26, 1804.    Chap.  Xh.^An  Ad  in  addition  to  the  act  intituled  *^Jn  ad  for  the  punishmeni 

of  certain  crimes  against  the  United  StaieM,*\a) 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  any  person,  not  being 
an  owner,  who  shall,  on  the  high  seas,  wilfully  and  corruptly  cast  away, 
bum,  or  otherwise  destroy  any  ship  or  other  vessel  onto  which  he  belong- 
eth,  being  the  property  of  any  citizen  or  citizens  of  the  United  States^ 
or  procure  the  same  to  be  done,  and  being  thereof  lawfully  convicted, 
shall  suffer  death. 

Sec.  2.  Be  it  further  enacted,  That  if  any  person  shall,  on  the  high 
seas,  wilfully  and  corruptly  cast  away,  burn,  or  otherwise  destroy  any 
ship  or  vessel  of  which  he  is  owner,  in  part  or  in  whole,  or  in  any  wise 
direct  or  procure  the  same  to  be  done,  with  intent  or  design  to  prejudice 
any  person  or  persons  that  hath  underwritten,  or  shaU  underwrite  any 
policy  or  policies  of  insurance  thereon,  or  if  any  merchant  or  merchants 
that^shall  load  goods  thereon,  or  of  any  other  owner  or  owners  of  such 
ship*  or  vessel,  the  person  or  persons  oflfending  therein  beinff  thereof 
lawfully  convicted,  shall  be  deemed  and  adjudged  guilty  of  felony,  and 
shall  suffer  death. 

Sec.  3.  And  be  it  further  enacted,  That  any  person  or  persons  guilty 
of  any  crime  arising  under  the  revenue  laws  of  the  United  States,  or 
incurring  any  fine  or  forfeiture  by  breaches  of  the  said  laws,  may  be 
prosecuted,  tried  and  punished,  provided  Uie  indictment  or  information 
be  found  at  any  time  within  five  years  afler  committing  the  offence  <Mr 


Pervoni    may 
be  tried  and 
puniahed  for 
crimes  under  the 
revenue  laws  in 
five  years  from 


(a)  Destroying  a  Teasel  at  sea  to  the  injury  of  the  underwriters.  Under  the  second  section  of  the  act 
of  March  26th,  1804,  chap.  40,  on  an  indictment  for  destroying  a  vessel  with  intent  to  prejudice  the  un- 
derwriters, it  is  sufficient  to  show  the  eziitence  of  an  association  actually  carrying  on  the  business  of 
iniurance,  bv  whose  known  officers,  de  fkcto,  the  policy  was  executed,  and  to  prejudice  whom  the 
vessel  was  destroyed;  without  proving  the  existence  of  a  l^al  corporation  authorised  to  insure,  or  n 
compliance  on  the  part  of  such  corporation  with  the  terms  of  its  charter,  or  the  validity  of  the  policy  of 
insurance.    United  Sutes  v.  Aroedy,  11  Wheat.  S93 ;  6  Cond.  Rep.  36S. 

The  law  not  making  it  an  offence  in  the  owner  to  destroy  his  vessel  to  the  prejudice  of  the  underwri- 
ters or  the  caq^,  no  evidence  can  be  given  to  establish  charges  against  the  oefendant  fbr  such  destruc- 
tion, to  the  Drejudice  of  the  underwriters  on  the  caigo,  even  if  the  Indictment  contained  such  a  charge. 
Evidence  of  the  value  of  the  property  insured  may  be  given  to  ahow  inducements  to  destroy  or  preserve 
it    The  United  8Utes  v.  Richard  Johns,  1  Wash.  C.  C.  R.  863. 

It  is  necessary  in  the  indictment  to  state  that  the  intent  was  to  prejudice  the  undeiwriters.    Ibid. 

The  prosecutor  on  an  indictment  fbr  destroying  a  vessel,  must  snow  that  the  insurance  is  a  valid  insur. 
ance,  and  if  made  by  an  incorporated  insurance  company,  the  act  of  incorporation  must  be  shown,  and 
the  contract  of  insurance  must  he  shown  to  have  been  executed.    Ihid, 

The  legal  meaning  of  the  term  "  destroy*'  by  the  act  of  Congress  is  to  unfit  the  vessel  for  service 
beyond  the  hope  of  ordinary  means.  This,  as  to  the  extent  of  the  injury,  is  synonymous  vrith  **  east 
away."  Both  mean,  such  an  act  as  causes  the  vessel  to  perish  and  to  be  lost,  or  to  be  irrecovenble  by 
ordinary  means.    Iliid, 


EIGHTH  CONGRESS.    Sess.  I.  Ch.  43,  44, 46.    1804. 


291 


tncuTrtng  the  fine  or  farfeiture,  any  law  or  provision  to  the  contrary   tbe  time  of  coin- 
notwithstanding.  "  Acrof  March 
Approited,  March  26, 1804.  2^  1799,  ch.iiO, 

— —  Statute  I. 

Cbap.  XLIII.— Jfn  JUi  to  makefwtiur  mprcpriaiums  for  the  purpose  ff  e^tin-    March  26, 1804. 
guuJktig  ike  Imian  claimg,  ^-.     , — ; — 

®  *  [Obsolete.] 

Be  U  enacted  bf  the  Senate  and  House  of  Rmresentatives  of  the  United 
States  of  America  in  Congress  assembled,  That  a  sum  not  exceeding 
fifteen  thousand  dollars,  be  appropriated  to  defray  the  expense  of  such  Appropriatioa. 
treaty  or  treaties  as  the  President  of  the  United  Sutes  shall  deem  it 
expedient  to  hold  with  the  Indians,  south  of  the  river  Ohio,  for  the  pur- 
pose of  extinguishing  Indian  claims  to  any  lands  lying  within  the  limits 
of  the  United  States;  and  that  the  compensation  to  be  allowed  to  any 
of  the  commissioners  who  may  be  appointed  for  negotiating  such  treaty 
or  treaties,  shall  not  exceed,  exclusive  of  travelling  expenses,  the  rate 
of  six  dollars  per  day,  during  the  time  of  actual  service  of  such  com- 
missioner. 

Sbc.  2.  And  he  it  further  matted.  That  the  sum  aforesaid  shall  be 
paid  out  of  any  monies  in  the  treasury  of  the  United  States,  not  other- 
wise appropriated. 

Approyed,  March  26,  1804 


Statute  I. 


Chap,  XLIV, 


Ad  to  authorize  the  adjournment  tf  Distriet  Courts  fry  Jfor^    March  26, 1804. 
shals,  in  certain  eases. 


Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  in  case  of  the  inability 
of  the  jud^  of  any  district  court  to  attend  on  the  day  appointed  for  hold- 
ing a  special  or  an  adjourned  district  court,  such  court  may,  by  virtue  of 
a  written  order  from  Uie  judge  thereof,  directed  to  the  marshal  of  the 
district,  be  adjourned  by  the  marshal  to  the  next  stated  term  of  said 
court,  or  to  such  day  prior  thereto,  as  in  the  said  order  shall  be  ap- 
pointed. 

Approved,  March  26, 1804. 


Act  of  Sept. 
34, 1789.  ch.  SO. 

In  case  of  the 
inability  of  the 
judge  of  any  dis- 
trict court  to 
attend,  the  mar- 
■hal  may  ad- 
joam  the  court. 


Statute  I. 


Chap.  XLVI^— ^o  Jet  further  to  protect  the  eommeree  and  seamen  (f  the  United  Marches,  1804. 
States  against  the  Barhary  powers.  ~~ 


Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  for  the  purpose  of  defray- 
ing the  expenses  of  equipping,  officering,  manning,  and  employing  such 
of  the  armed  vessels  of  the  United  States,  as  may  be  deemed  requisite 
by  the  President  of  the  United  States,  for  protecting  the  commerce  and 
seamen  thereof,  and  for  carrying  on  warlike  operations  against  the  re- 
gency of  Tripoli,  or  any  other  of  the  Barhary  powers,  which  may  commit 
hostilities  against  the  United  States,  and  for  the  purpose  also  of  defraying 
any  other  expenses  incidental  to. the  intercourse  with  the  Barhary  powers, 
or  which  are  authorized  by  this  act :  a  duty  of  two  and  an  half  per  centum 
ad  valorem,  in  addition  to  the  duties  now  imposed  by  law,  shall  be  laid, 
levied,  and  collected  upon  all  goods,  wares  and  merchandise,  paying  a 
duty  ad  valorem,  which  shall,  after  the  thirtieth  day  of  June  next,  be 
imported  into  the  United  States  from  any  foreign  port  or  place :  and  an 
addition  of  ten  per  centum  shall  be  made  to  the  said  additional  duty  in 
respect  to  all  goods,  wares  and  merchandise  imported  in  ships  or  vessels 
not  of  the  United  States:  and  the  duties  imposed  by  this  act  shall  be 
levied  and  cdlected  in  the  same  manner,  and  under  the  same  regulations 
and  aUowances  as  to  drawbacks,  mode  of  security  and  time  of  payment 


[Expired.] 
Act  of  April 

81, 1806, ch. 38. 
Act  of  Feb. 

87, 1813,  ch.  40. 

1807,  ch.  30. 

1808,  ch.  II. 

An  additional 
ad  valorem  daW 
oftwoandahalf 
per  cent,  im- 
posed   for    de- 
fraying ezpensee 
in  relation  to 
the  Barhary 
SUtea. 

Upon  goods 
imported  after 
the    36th  Jonft 
next. 

The  fint  lec- 
tion of  this  act 
continued  in 
force  by  acts  of 
1806  and  1813. 


292 


EIGHTH  CONGRESS.    Sun.  I.  Ch.  47.    1804. 


Diftinct  ac- 
count of  the  da. 
tiei  imposed  bj 
this  act:  pro- 
ceeds to  be  call- 
ed  the  «Medi. 
terranean 
ftiiid:"  when 
the  duties  cease. 


ProTiso,  that 
the  additional 
daties  shall  be 
collected  on  all 

Kods  imported 
fore   the  act 


foi 


President  au- 
thorised to  em- 

loy  a  naTal 
force  in  the 
Mediterranean. 

President  may 
pnrchase  or 
onild  two  addi- 
tional Tesaels  of 
war. 

An  additional 
som  appropriat- 
ed, not  to  ex- 
ceed one  mil- 
lion of  dollars. 

President  au- 
thoriied  to  bor- 
row this  sum. 


of  the 
U.  States  au. 
thorised  to  lend. 


See  acts  of 
1800,  ch.  7, 
1810,  ch.  6, 
1813,  ch.  40. 

Accounts  to 
be  laid  before 
Congress* 


reapectiTely,  as  are  already  prescribed  by  law  in  relation  to  the  duties 
now  in  force  on  the  articles  on  which  the  said  additional  doty  is  laid  by 
this  act 

Sec.  2.  And  be  it  jurther  enaeled^  That  a  distinct  account  shall  be 
kept  of  the  duties  imposed  by  this  act,  and  the  proceeds  thereof  shall 
constitute  a  fund,  to  be  denominated  <*The  Mediterranean  Fund,''  and 
shall  be  applied  solely  to  the  purposes  designated  by  this  act :  and  the 
said  additional  duty  shall  cease  and  be  discontinued  at  the  expiration  of 
three  months  after  the  ratiGcation  by  the  President  of  the  United  States, 
of  a  treaty  of  peace  with  the  regency  of  Tripoli ;  unless  the  United 
States  should  then  be  at  war  with  any  other  of  the  Barbary  powers,  in 
which  case  the  said  additional  duty  shall  cease  and  be  discontinued  at 
the'  expiration  of  three  months  after  the  ratification  by  the  President  of 
the  United  States  of  a  treaty  of  peace  with  such  power :  Provided  hauh 
ever,  that  the  said  additional  duty  shall  be  collected  on  all  such  goods, 
wares,  and  merchandise,  liable  to  pay  the  same,  as  shall  have  been  im- 
ported previous  to  the  day  on  which  the  said  duty  is  to  cease. 

Sec.  3.  And  be  it  Jurther  enacied,Thhi  the  President  of  the  United 
States,  if  he  shaU  deem  it  necessary,  shall  be,  and  he  is  hereby  authorized 
to  cause  to  be  purchased  or  built,  oflScered,  manned  and  equipped,  two 
vessels  of  war,  to  carry  not  more  than  sixteen  guns  each,  and  likewise 
to  hire  or  accept  on  loan  in  the  Mediterranean  sea,  as  many  gun  boats 
as  he  may  think  proper. 

Sec.  4.  And  be  it  Jurther  enacted.  That  a  sum  not  exceeding  one 
million  of  ddlars,  to  be  paid  out  of  any  money  in  the  treasury  not  other- 
wise appropriated,  shall  be,  and  the  same  is  hereby  appropriated  (in  ad- 
dition to  the  sum  heretofore  appropriated  for  the  same  objects)  for  the 
purpose  of  defraying  any  of  the  expenses  authorized  by  this  act,  which 
may  be  incurred  during  the  present  year :  or  if  necessary  the  President 
of  the  United  States  is  hereby  authorized  to  borrow  the  said  sum,  or 
such  part  thereof  as  he  may  think  proper,  at  a  rate  of  interest  not  ex- 
ceeding six  per  centum  per  annum,  fi-om  the  Bank  of  the  United  States, 
which  IS  hereby  empowered  to  lend  the  same,  or  from  any  other  body 
or  bodies  politic  or  corporate,  or  from  any  person  or  persons ;  and  so 
much  of  the  proceeds  of  the  duties  laid  by  this  act,  as  may  be  necessarr, 
shall  be  and  is  hereby  pledged  for  replacing  in  the  treasury,  the  said 
sum  of  one  million  of  dollars,  or  so  much  thereof  as  shall  have  been  thus 
expended,  and  for  paying  the  principal  and  interest  of  the  said  sum,  or 
so  much  thereof  as  may  be  borrowed,  pursuant  to  the  authority  given  in 
this  section :  and  an  account  of  the  several  expenditures  made  under 
this  act,  shall  be  laid  before  Ck>ngress  during  their  next  i 

Approved,  March  26, 1804. 


Statute  I. 


March  26, 1804. 


Certain  aliens 
permitted  to  be- 
come citizens 
of  the  U.  States 
who  resided  in 
the  U.  States  be- 
tween  the  18th 
Jane, 1798,  and 
14thAprU,180S. 

Act  of  April 
14,  I802,ch.28. 


Chap.  XLVIl.— ^n  Jd  in  addUion  to  an  act  intitukd  «««fn  act  to  eatabHih  an 
untformruk  cf  naiuraUzatum^  and  to  npeal  the  aeti  heretcfore  jnmed  on  that 
m^'ed:\a) 

Be  it  enacted  by  the  Senate  and  House  pf  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  any  alien,  being  a  free 
white  person,  who  was  residing  within  the  limits  and  under  the  jurisdic- 
tion of  the  United  States,  at  any  time  between  the  eiffhteenth  day  of 
June,  one  thousand  seven  hundred  and  ninety-eight,  and  the  fourteenth 
day  of  April,  one  thousand  eight  hundred  and  two,  and  who  has  con- 
tinued to  reside  within  the  same,  may  be  admitted  to  become  a  citizen 
of  the  United  States,  without  a  compliance  with  the  first  condition 
specified  in  the  first  section  of  the  act,  intituled  "An  act  to  establish  an 

<tf)  See  notes  to  act  of  llaieh  M,  1790,  chap.  3,  ?ol.  i.  108, 104. 


£IGHTH  CONGRESS.    Sbsa.  I.  Ch.  48.    1804. 


unifiMrm  rale  of  naturalization ;  and  to  repeal  the  acts  heretofore  passed 
on  that  subject" 

Sec.  2.  And  be  ii  further  enacted,  That  when  any  alien  who  shall 
have  complied  with  the  first  condition  specified  in  the  first  section  of  the 
said  original  act,  and  who  shall  have  pursued  the  directions  prescribed 
in  the  second  section  of  the  said  act,  maj  die,  before  he  is  actually 
naturalized,  the  widow  and  the  children  of  such  alien  shall  be  considered 
as  citizens  of  the  United  States,  and  shall  be  entitled  to  all  rights  and 
pririleges  as  such,  upon  taking  the  oaths  prescribed  by  law. 

Approtbd,  March  26, 1804. 


After  an  alien 
•ball  hare  com- 
plied with  cer- 
tain directions 
his  widow  and 
children  made 
citizens  of  the 
U.  States. 


Gbap.  XLVXIL^^n  Jet  in  relation  to  the  Naoy  Pemion  Fk$nd. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  all  the  money  accruing 
or  which  has  already  accraed  to  the  United  States,  from  the  capture  of 
prizes  authorized  by  law,  and  which  has  not  already  been  paid  to  the 
secretary  of  the  Navy,  the  Secretary  of  the  Treasury,  and  the  Secretary 
of  War,  as  commissioners  of  the  navy  pension  fund,  shall  be  paid  to  the 
treasurer  of  the  United  States. 

Sec.  2.  And  be  it  further  enacted,  That  it  shall  be  the  duty  of  the 
treasurer  of  the  United  States,  to  receive  all  the  money  so  accruing,  and 
to  disburse  the  same  pursuant  to  warrants  fi-om  the  Secretary  of  the 
Navy,  countersigned  by  the  accountant  of  the  navy;  and  a  distinct 
quarterly  account  of  the  monies  thus  received  and  disbursed  shall  be 
rendered  by  the  said  treasurer  to  the  accounting  officers  of  the  treasury, 
in  the  same  manner  as  is  provided  for  other  public  monies  received  by 
him. 

Sec.  3.  And  be  ii  further  enacted,  That  it  shall  be  the  duty  of  the 
accountant  of  the  navy  to  receive  and  settle  all  accounts  whatever,  in 
relation  to  the  navy  pension  fund,  and  report  from  time  to  time,  all  such 
settlements,  as  shall  have  been  made  by  him,  for  the  inspection  and 
revision  of  the  accounting  officers  of  the  treasury,  in  the  same  manner 
as  in  other  cases  of  public  accounts. 

Sec.  4.  And  be  it  further  enacted.  That  the  comptroller  of  the  trea- 
sury shall  be  fully  authorized  and  empowered  to  direct  suits  for  the 
recovery  of  any  sums  now  due,  or  which  may  hereafler  be  due  to  the 
United  States,  for  prizes  as  aforesaid,  and  to  prosecute  the  same  in  the 
name  of  the  United  States,  in  the  same  manner  as  in  other  cases  for 
the  recovery  of  monies  due  to  the  United  States. 

Sec.  5.  And  be  it  further  enacted.  That  the  commissioners  of  the 
navy  pension  fund  be,  and  they  are  hereby  authorized  to  appoint  a  secre- 
tary, who  shall  perform  all  such  duties  in  relation  to  the  fund,  as  they 
shall  require  of  him ;  and  shall  receive  for  his  services,  a  salary  not 
exceeding  two  hundred  and  fifty  dollars  per  annum,  to  be  paid  quarter 
yearly  at  the  treasury  of  the  United  States,  and  charged  to  the  same 
fiind.(a) 

(tf)  See  note  te  chapter  63,  post,  paae  897,  Nary  Pension  Fund.  By  an  act  passed  10th  Joly,  183S, 
Congress  anthoriaed  this  appointment  of  a  separate  and  permanent  navy  agent  at  Washington,  and  directed 
the  performance  of  the  duties,  *'  not  only  for  the  nsTy  yard  in  the  Ci^  of  Washington,  bat  fVom  the  nary 
department,  under  the  direction  of  the  Secretary  of^ine  Navy,  in  the  payment  of  such  accounts  and 
daims  as  the  secretary  may  direct."  These  duties  would  not  hare  been  so  specially  stated  in  this  act, 
if  they  bad  been  considered  by  Conmss  as  cominff  within  Uie  ordinary  duties  of  an  agent  of  the  navy 
yard  at  Washington,  under  the  act  of  1S04.  But  independent  of  this  consideration,  it  is  enough  to  know, 
that  the  duties  m  question  were  discharged  by  the  defendant,  under  the  construction  giren  to  the  law  by 
the  Secretary  of  the  NaTpr.    United  Sutes  e.  Macdaniel,  7  Peters,  1. 

The  United  States  instituted  a  suit  to  recorer  a  balance  charged  on  the  books  of  the  treasury  depart- 
ment, against  the  defendant,  who  was  a  clerk  in  the  navy  department,  upon  a  fiied  annual  salary,  and 
aeted  as  agent  for  the  payment  of  moneys  due  to  the  nary  pensioners,  the  priTateer  pensioners,  and  for 
navy  disibmements,  for  the  payment  of  which,  funds  were  placed  in  his  hands  by  government.    He 

...     ,    '     1  at  the  treasury,  and  the  claim  had  oeen  there  rejected  by  the  accounting  offi- 

2b2 


Statute  I. 
March  26, 1804. 

Act  of  March 
2,1799,  ch.  24, 
sec.  9, 10.  Act 
of  April  2$, 
1800,  ch.  33, 
sec.  9, 10.  Act 
of    April      16, 

1816,  ch.    58. 
Act  of  March  3, 

1817,  ch.    60. 
Act  of    March 
3, 1819,  ch.  79. 

Money  arising 
from  captures, 
not  already  paid 
over,  to  be  paid 
to  the  treasurer. 

How  the  mo- 
ney is  to  be  dis- 
bursed by  the 
treasurer. 

A  distinct 
quarterlv  ac- 
count of  it  to 
be  rendered. 

Accountant 
of  the  navy  to 
receive  and  set- 
tle all  navy  pen- 
sion  accounts, 
and  report  the 
same. 

ComjptroIIer 
authorised  to 
institute  suits 
for  prise  money. 
Commissioners 
of  the  navT  pen- 
sion   fund  may 
appoint  a  secre- 
tary. His  duties 
ana  emolu. 
ments. 


294 


EIGHTH  CONGRESS.    Sess.  I.  Ch.  49.    1804. 


Comminion-  Sec.  6.  And  be  it  fitrther  enacted.  That  the  coromiasionera  of  the 
rolo^Md  regu-  "^^^  pension  fand  be,  and  they  are  hereby  authorized  and  directed  to 
lations  for  the  make  such  regulations,  as  may  to  them  appear  expedient,  for  the  admis- 
admission  of  sion  of  persons  on  the  roll  of  navy  pensioners,  and  for  the  payment  of 
*^  the  pensions. 

Approved,  March  26,  1804. 


Statctx  L 


March  26, 1804.    Chap.  XLIX An  AetiotredalAMkouuaiiht  mouth  nf  the  Mniuippi  ritfer^ 

and  alto  a  Lighthouse  at  or  near  thepiteh  cf  Cape  LookotU^  in  the  tiate  of  North 
Carolina  /  and  a  beacon  at  the  north  point  cf  Sandy  Hook, 


Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  under  the  direction  of 
the  President  of  the  United  States,  it  shall  be  the  duty  of  the  Secretary 
of  the  Treasury  to  provide  by  contract,  to  be  approved  by  the  President, 
for  building  a  lighthouse  at  the  mouth  of  the  river  Mississippi,  on  such 
site  as  the  President  of  the  United  States  may  deem  most  proper  for  the 
convenience  and  accommodation  thereof. 

Sec.  2.  And  be  it  further  enacted,  That  as  soon  as  land  sufficient 
shall  be  obtained  at  a  reasonable  price  for  the  purpose  and  the  jurisdic- 
tion of  the  land  so  to  be  obtained  shall  have  been  ceded  to  the  United 
States  by  the  state  of  North  Carolina,  it  shall  be  the  duty  of  the  Secre- 
tary of  the  Treasury,  to  provide  by  contract,  for  building  a  lighthouse 
on  or  near  the  pitch  of  Cape  Lookout,  in  the  said  state  of  North  Caro- 
lina, which  contract  shall  be  approved  by  the  President  of  the  United 
States;  and  it  shall  be  the  duty  of  the  said  secretary  to  furnish  the  said 
lighthouses  on  Cape  Lookout  and  the  mouth  of  the  Mississippi  with 
all  necessary  supplies,  and  also  to  agree  for  the  salaries  or  wages  of  the 
person  or  persons  who  may  be  appointed  by  the  President  for  the  super- 
intendence and  care  of  the  same.  And  the  President  is  herebji^  autho- 
rized to  make  such  appointments. 

Sec.  3.  And  be  it  further  enacted,  That  the  sum  of  twenty-five  thou^ 
sand  dollars  be,  and  is  hereby  appropriated  for  the  purpose  of  defraying 
the  charges  and  expenses  which  shall  accrue  in  consequence  of  the  two 
first  sections  of  this  act,  to  be  paid  out  of  any  monies  in  the  treasury 
not  otherwise  appropriated. 

Sec.  4.  And  be  it  further  enacted.  That  it  shall  be  the  duty  of  the 
Secretary  of  the  Treasury,  as  soon  as  the  fee  of  the  soil  shall  have  vested 
in  the  United  States,  to  cause  a  beacon  to  be  erected  on  the  north  point 
of  Sandy  Hook,  and  the  sum  of  two  thousand  dollars  out  of  any  unap* 
propriated  monies  is  hereby  appropriated  for  that  purpose. 

Approved,  March  26, 1804. 

cers,  and  if  they  had  allowed  the  same,  he  was  not  now  indebted  to  the  government.  The  United  States, 
on  the  trial  of  the  case  in  the  circuit  court,  denied  tiie  right  of  the  defendant  to  these  commissions,  as  they 
had  not  been  allowed  to  him  by  any  depaitment  of  the  govemment,  and  asserted  that  the  jury  had  noC 
power  to  allow  them  on  the  trial.  By  the  Court — ^The  rejection  of  the  claim  to  commissions  by  the  treasury 
department,  formed  no  objection  to  the  admission  of  it  as  evidence  of  offset  before  the  jury.  Had  the 
claim  never  been  presentea  to  the  department,  it  could  not  have  been  admitted  as  evidence  by  the  court. 
But,  as  it  had  been  made  out  in  form  and  presented  to  the  proper  accounting  officers,  and  had  been  re- 
jected, the  circuit  court  did  right  in  submitting  it  to  the  jury,  if  the  claim  was  considered  as  equitable. 
ibid. 

It  would  be  a  novel  principle  to  refuse  jMmnent  to  the  subordinates  of  a  department  because  their 
chief,  under  whose  direction  they  had  fkithniljy  served  the  public,  had  given  an  eironeous  construction  to 
the  law.    JWd. 

The  SecreUry  of  the  Navr,  in  authorising  the  defendant  to  make  the  disbursements  on  wfaidi  (he  claim 
for  compensation  is  founded,  did  not  transcend  those  powers,  which,  under  the  eireumatncea  of  tiie  eiae, 
he  might  well  exercise.    IMtL 


Lighthouse  to 
be  built  at  the 
Mississippi  un- 
der contract  to 
be  approved  by 
the  President. 


Lighthouse  to 
be  built  at  or 
near  the  pitch  of 
Cape  Lookout  in 
North  Carolina, 
under  contract 
to  be  approved 
by  the  Presi- 
dent. 

Jurisdiction  of 
the  soil  to  be 
first  conveyed 
to  the  United 
States. 

Lighthouses 
at    tK>th  places 
to  be  provided 
with  keepers, 
&c.  &c. 

Appropriation 
for  tne  foregoing 
purposes. 


A   beacon  to 

be    erected    at 

the  north  point 

of  Sandy  Hook. 

Appropriation. 


EIGHTH  CONGRESS.    Sess.  I.  Cii.  50.    1804. 


Chap.  L.— «tfn  Jei  mippkmeniary  to  the  ad  intituled  ^^Jtn  act  relative  to  the  eUe^ 
iion  of  a  PrenderU  and  Vice  President  of  the  United  States^  and  declaring  the 
qffieer  who  ehall  act  as  President^  in  ease  of  vacancies  in  the  offices  both  of  PrtF 
sideni  and  Vice  PresideniJ** 

Se  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assemblea,  That  whenever  the  amend- 
meot  proposed  during  the  present  session  of  Congress,  to  the  constitu- 
tion of  the  United  States,  respecting  the  manner  of  voting  for  President 
and  Vice  President  of  the  United  States,  shall  have  been  ratified  by  the 
legislatures  of  three  fourths  of  the  several  states,  the  Secretary  of  State 
shall  forthwith  cause  a  notification  thereof  to  be  made  to  the  executive 
of  every  state,  and  shall  also  cause  the  same  to  be  published,  in  at  least 
one  of  the  newspapers  printed  in  each  state,  in  which  the  laws  of  the 
United  States  are  annually  published.(a)  The  executive  authority  of 
each  state  shall  cause  a  transcript  of  the  said  notification  to  be  delivered 
to  the  electors  appointed  for  that  purpose,  who  shall  first  thereafter  meet 
in  such  state,  for  the  election  of  a  President  and  Vice  President  of  the 
United  States:  and  whenever  the  said  electors  shall  have  received  the 
said  transcript  of  notification,  or  whenever  they  shall  meet  more  than 
five  days  subsequent  to  the  publication  of  the  ratification  of  the  above- 
mentioned  amendment,  in  one  of  the  newspapers  of  the  state,  by  the 
Secretary  of  State,  they  shall  vote  for  President  and  Vice  President  of 
the  United  States,  respectively,  in  the  manner  directed  by  the  above- 
mentioned  amendment,  and  having  made  and  signed  three  certificates 
of  all  the  votes  given  by  them,  each  of  which  certificate  shall  contain 
two  distinct  lists,  one,  of  the  votes  given  for  President,  and  the  other, 
of  the  votes  |^iven  for  Vice  President:  they  shall  seal  up  the  said  certifi- 
cates, certifying  on  each,  that  lists  of  all  the  votes  of  such  state  given 
for  President,  and  of  all  the  votes  given  for  Vice  President,  is  contained 
therein,  and  shall  cause  the  said  certificates  to  be  transmitted  and  dis- 
posed of,  and  in  every  other  respect  act  in  conformity  with  the  provisions 
of  the  act  to  which  Uiis  is  a  supplement.  And  every  other  provision  of 
the  act  to  which  this  is  a  supplement,  and  which  is  not  virtually  repealed 
by  this  act,  shall  extend  and  apply  to  every  election  of  a  President  and 
Vice  President  of  the  United  States,  made  in  conformity  to  the  above- 
mentioned  amendment  to  the  constitution  of  the  United  States. 

And  whereas,  the  above-mentioned  amendment  may  be  ratified  by  the 
legislatures  of  three  fourths  of  the  states,  and  thereupon  become  imme- 
diately valid,  to  all  intents  and  purposes,  as  part  of  the  constitution,  on 
a  day  so  near  the  day  fixed  by  law  for  the  meeting  of  the  electors  in  the 
several  states,  that  the  electors  shall  not  in  every  state  be  apprised  of 
the  said  ratification,  and  may  vote  in  a  manner  no  longer  conformable 
with  the  constitution,  as  amended,  whereby  several  states  might  be 
deprived  of  their  vote  in  the  election  of  a  President  and  Vice  President : 
for  remedy  whereof. 

Sec.  2.  Be  it  further  enacted.  That  the  electors  who  shall  be  appointed 
in  each  state  for  the  election  of  a  President  and  Vice  President  of  the 
United  States,  shall  at  every  such  election,  unless  they  shall  have  re- 
ceived a  transcript  of  the  notification  of  the  ratification  of  the  above- 
mentioned  amendment  to  the  constitution,  or  unless  they  shall  meet 
more  than  five  days  subsequent  to  the  publication  of  the  said  ratification 
by  the  Secretary  of  State,  in  one  of  the  newspapers  of  the  state,  vote 
for  President  and  Vice  President  of  the  United  States,  in  the  following 
manner,  that  is  to  say:  they  shall  vote  for  two  persons  as  President  and 
Vice  President,  in  conformity  with  the  first  section  of  the  second  article 
of  the  constitution.    And  in  other  respects  act  in  conformity  with  the 


Statute  I. 
March  26, 1804. 

TwelfUi 
unendment    to 
the  conititution 
of  the  U.  States, 
SS. 

Act  of  March 
1,  1792,  ch.  8, 
▼ol.  i.  239. 

The  secretary 
of  state  to  notHy 
the  exec  u  tires 
of  the  proposed 
amendment 
when  ratified 
and  to  have  it 
published. 

Transcripts  of 
the  notification 
to  be  delivered 
to  the  electors ; 
vrho  are  to  give 
their  votes  con- 
formably with 
the  amendment. 


How    certifi. 
cates  of  their 
votes  are  to  be 
made,  and  for- 
warded. 


Provisions  of 
a  former,  not 
inconsistent 
with  this  act  ex* 
tended  to  all 
future  elections. 

Act  of  March 
1,  1792,  ch.  8, 
vol.  i.  239. 


Electors  to 
vote  bj  distinct 
ballots  for  Pre- 
sident and  Vice 
President,     ac- 
cording  to   the 
Ist  sec.  of  the 
2d  art.   of  the 
constitution, 
and  according; 
to  the  proposed 
amendment:  if 
they  be  unin- 
formed at  the 
time  of  the  fate 
of  the  amend- 
ment : — 


(^  The  amendment  was  proposed  in  October  1803,  and  was  ratified  before  September  1804. 


296 


EIGHTH  GONGRESS.    Sus.  I.  Ch.  51,  &2.    1804. 


And  to  nuke 
retnrni  accord- 
ingly. 


Which  of  these 
are  to  be  open- 
ed and  inipect- 
ed. 


In  case  of  a 
▼ote  under  the 
constitution  of 
theU.Sutes,  as 
it  now  stands, 
and  one  accord- 
ing to  the 
amendment 
proposed,  lists 
of  the  electors 
to  be  given  to 
the  electora,and 
one  of  these 
lists  forwarded. 

Statute  I. 

March  27, 1804. 

Act  of  April  14, 
1792,  ch.  24. 
Act  of  Feb.  28. 
1803,  ch.  9. 

Repeal  of  part 
of  a  ronner  act. 

Act  of  March 
S,1817,ch.40. 


Powers  of  at- 
tomeT  for  the 
transfer  of  stock 
and  receipt  of 
interest,in  other 
respects  formal, 
not  to  be  affect- 
ed by  the  want 
of  consular  cer- 
tificates. 


proviBioDs  of  the  act  to  which  this  act  is  a  supplement;  and  they  shaD 
likewise  vote  for  one  person  as  President,  and  for  one  person  as  Vice 
President,  in  conformity  with  the  above-mentioned  amendment  of  the 
constitution;  and  in  other  respects  act  in  conformity  with  the  provisions 
of  the  first  section  of  this  act  But  those  certificates  only,  of  votes 
given  for  President  and  Vice  President  of  the  United  States,  shall  be 
q)ened  by  the  president  of  the  Senate,  for  the  purpose  of  being  counted, 
which  shall  contain  the  list  or  lists  of  votes  given  in  conformity  with  the 
constitution,  as  in  force  on  the  day  fixed  by  law  for  the  meeting  of  the 
electors,  by  whom  the  said  votes  shall  have  been  given. 

Sec.  3.  And  he  it  fiariher  enacted^  That  whenever,  by  the  provisions 
of  the  second  section  of  this  act,  it  shall  be  the  duty  of  the  electors  for 
any  state,  to  vote  in  conformity,  both  with  the  constitution,  and  of  the 
proposed  amendment  thereto,  the  executive  authority  of  such  state 
shall  cause  six  lists  of  the  names  of  the  electors  for  the  state,  to  be 
made  and  certified,  and  to  be  delivered  to  the  said  electors,  on  or  before 
the  day  fixed  by  law  for  them  to  meet  and  vote  for  President  and  Vice 
President;  and  the  said  electors  shall  enclose  one  of  the  said  lists  in 
each  of  the  certificates  by  them  made  and  sealed,  in  conformity  with  the 
provisions  of  this  act,  and  of  the  act  to  which  this  is  a  supplement 

Afproyed,  March  26, 1804. 


Chap.  LI. — An  Jki  to  repeal  a  portcf  ike  ad  inUiuled  "«fn  ad  euppkmentary 
to  ike  ad  eoneeming  Ooneub  and  Fue  Omeubf  and  far  ike  further  protedion 
tf  jtnertean  eeamen^ 

Be  it  enacted  by  the  Senate  and  House  of  Raresentatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  ninth  section  of 
the  act,  intituled  "  An  act  supplementary  to  the  act  concerning  consuls 
and  vice  consuls,  and  lor  the  further  protection  of  American  seamen,'' 
passed  the  twenly^ighth  of  February,  one  thousand  eight  hundred  and 
three,  be,  and  the  same  is  hereby  repealed. 

Sec.  2.  And  be  it  further  enacted,  That  all  powers  of  attorney  for 
the  transfer  of  any  stock  of  the  United  States,  or  for  the  receipt  of  in- 
terest thereon,  executed  in  a  foreign  country,  since  the  thirtieth  day  of 
June  one  thousand  eight  hundred  and  three,  according  to  the  forms  in 
use  at  the  treasury  of  the  United  States  prior  to  the  said  thirtieth  day  of 
June,  one  thousand  eight  hundred  and  three,  shall  be  valid  to  all  intents 
and  purposes:  any  provision  in  the  aforesaid  section  hereby  repealed  to 
the  contrary  notwithstanding. 

Approved,  March  27,  ISM. 


Statute  I. 
March  27, 1804. 

Act  of  Dec. 
31, 1792,  ch.  1. 

No*  ship  or 
Tesiiel  to  be  re- 
gistered as  a 
Teasel  of  the  U. 


Chap.  LIL— ^n  Jd  to  amend  the  ad  intituled  ^*Jn  ad  eoneeming  the  regitter- 
ing  and  recording  ffdUpe  and  veiteZi." 

Be  it  enacted  by  the  Senate  and  Houu  of  Representatives  of  the  United 
States  of  Anurica  in  Congress  assembled.  That  no  ship  or  vessel  shall  be 
entitled  to  be  registered  as  a  ship  or  vessel  of  the  United  States,  or  if 
registered,  to  the  benefits  thereof,  if  owned  in  whole  or  in  part  by  any 
States,  if  owned  ^j^j^  naturalized  in  the  United  States,  and  residing  for  more  than  one 
SdiSJ  kTfo'reiiJi  year  in  the  country  from  which  he  originated,  or  for  more  than  two 
couotries  a  cer-  years  in  any  foreign  country,  unless  such  person  be  in  the  capacitv  of  a 
tain  length  of      consul  or  Other  public  agent  of  the  United  States  :(a)  Provided,  that 


time 


(o)  A  naturalised  citisen,  who  in  time  of  peace,  retams  to  his  natire  coantrj  for  the  pnrposes  of  trade, 
bat  with  the  intention  of  retaraing  again  to  his  adopted  country,  continuing  in  the  former  coantry  a  year 
after  the  commencement  of  hostihties,  for  the  purpose  of  winding  up  his  business,  engaging  in  no  new 
commercial  transactions  with  the  enemy,  and  then  returning  to  his  adopted  country,  has  gained  a  domicil 
in  his  natiTe  country,  and  his  goods  are  subject  to  capture  and  Qondemnation.  The  Fiances,  8  Cranch, 
335  s  S  Cond.  Rep.  164.    See  also  the  Dos  Hermanos,  S  Wheat.  76 1  4  Cond.  Rep.  39. 


EIGHTH  CONGRESS.    Sess.  I.  Cii.  58, 64.    1S04. 


207 


toothing  herein  contained  shall  be  construed  to  prevent  the  registering 
anew  of  any  ship  or  vessel  before  registered,  in  case  of  a  6ofta  fi€k 
sale  thereof  to  any  citizen  or  citizens  resident  in  the  United  States : 
And  jpromded  tdso,  that  satisfactory  proof  of  the  citizenship  of  the  per- 
son on  whose  account  a  vessel  may  be  purchased,  shall  be  first  exhibited 
to  the  collector,  before  a  new  register  shall  be  granted  for  such  vessel. 

Sec.  2.  And  be  itfitrther  mactfd^  That  the  proviso  in  the  act,  inti- 
tuled <' An  act  in  addition  to  an  act,  intituled  An  act  concerning  the 
registering  and  recording  of  ships  and  vessels,"  passed  the  twenty- 
seTcnth  of  June,  one  thousand  seven  hundred  and  ninety«seven,  shall  be 
taken  and  deemed  to  extend  to  the  executors  or  administrators  of  the 
owner  or  owners  of  vessels,  in  the  said  proviso  described. 

Appbotsd,  March  27,  1804. 


Any  ihip  or 
TeiMi  b«fore  re- 
giitered,  Ifce. 

Satiifactory 
proof  of  the 
citisenahip  of 
the  parcluwer  to 
be  nrtt  exhibited 
to  the  collector. 

Proviio  in  a 
former  act  ex- 
tended to  the 
repreaentatiToa 
or  a  deceased 
ownerof  aihip. 

Act  of  June 
S7, 1797,  ch.  0. 

Statutb  I. 


A  captain  of 
the  navT  to  be 
atUcbed  to  the 
navy  yard  and 
TCMela  in  ordi- 
nary at  Waah- 
iagton.  Hilda- 
tiei,  pay  and 
emolamentt. 

Who  else  are 
to  be  attached 
to  the  navy  yard 
and  Teaaels  in 
ordinary  at 
Washington. 


Chip.  LUL — Jh%  Jet  iupplemeniary  to  the  ad^  ifiiUukd  ^Jn  ad  pronding  for   March  87, 1804. 
a  Nmai  Peace  EetabHehment^  and  for  other  purpoeeeJ*^  

Be  it  enaeUd  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Caress  assembled^  That  the  President  of  the 
United  States  be,  and  he  is  hereby  authorized  to  attach  to  the  navy  yard 
at  Washington,  and  to  the  frigates  and  other  vessels  laid  up  in  ordinary 
in  the  Eastern  Branch,  a  captain  of  the  navy,  who  shall  have  the  gene- 
ral care  and  superintendence  of  the  same;  and  shall  perform  the  duties 
of  agent  to  the  navy  department,  and  shall  be  entitled  to  receive  for 
his  service,  the  pay  and  emoluments  of  a  captain  commandinff  a  squad- 
ron on  separate  service.(a)  And  the  President  of  the  United  States  is 
hereby  further  authorized  to  attach  permanently  to  the  said  navy  yard 
and  vessels,  one  other  commissioned  officer  of  the  navy,  who  shall  re- 
ceive for  his  senrices,  the  pay  and  emoluments  of  a  captain  commanding 
a  twenty  gun  ship,  one  surgeon  and  one  surgeon's  mate  of  the  navy,  who 
shall  be  severally  allowed  for  their  services,  the  same  pay,  rations  and 
emoluments,  as  are  allowed  to  a  sur^n  and  to  a  surgeon's  mate  in  the 
army  of  the  United  States ;  one  sailing  master,  one  head  carpenter,  one 
pluniber,  one  head  block  maker,  one  head  cooper,  two  boatswains,  two 
gunners,  one  sail  maker,  one  store  keeper,  one  purser,  one  clerk  of  the 
yard,  and  also,  such  seamen  and  marines,  as  in  the  opinion  of  the  Pre- 
sident shall  be  deemed  necessary :  Provided,  that  the  number  of  seamen 
or  marines,  shall  not  at  any  time  be  greater  than  what  is  at  present 
authorized  by  the  act  to  which  this  is  a  supplement. 

Sec.  2.  And  be  it  further  enacted,  That  that  part  of  the  act  to 
which  this  is  a  supplement,  which  attaches  to  each  frigate  laid  up  in 
ordinary,  one  sailing  master,  one  boatswain,  one  gunner,  one  carpenter, 
and  one  cook,  one  seijeant  or  corporal  of  marines  and  eight  marines, 
and  to  the  larse  frigates  twelve,  and  to  the  small  frigates  ten  seamen, 
and  which  dedares  that  the  sailing  master  shall  have  the  care  of  the 
ship,  and  shall  execute  such  duties  of  a  purser  as  may  be  necessary, 
shall  be,  and  hereby  is  repealed. 

AppnovED,  March  27, 1804. 


Proviso. 


Repeal  of  a 
part  of  a  former 
act 


Statute  I. 


Chap.  LIV^— ^fn  Ad  supplementary  iotheaet^  wUitukd  ^^An  ad  eoneeming  the    March  87, 1804. 
City  cf  Wa^ingtonJ^  ~~ 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  several  compensa- 

(0)  The  act  of  March  S7,  1804,  hj  which  the  President  of  the  United  States  was  aathorised  to  attach 
to  the  naTy  yard  at  Washington,  a  captain  in  the  naTT,  for  the  performance  of  certain  daties,  was  cor- 
reetly  construed  hj  the  nsTT  department  until  1829,  allowing  to  the  defendant  commissions  on  sums  paid 
by  him  as  special  agent  of  the  navy  department  in  making  the  disbursements.  United  States  v,  M< Daniel, 
7  Peters,  1. 

Vol.  II.- 


Act   of   March 
3,  1803,  ch.  29. 

Commence- 
ment  of  the 
compenvations 
and  allowances 
established     by 
an  act  of  Con- 
gress, concern- 
ing citj  of 
Washington. 

Allowance  to 
the  snnreyor. 
Snoerintendent 
auttkorised  to 
pay  the  compen- 
sations and  to 
defray  other  ei. 
penses ; 


And  to  settle 
with  P.  C. 
L*Enfant. 


Out  of  what 
fund  these  com- 
pensations, fcc. 
are  to  be  paid. 


Statutk  I. 


EIGHTH  CONGRESS.    Ssss.  I.  Ch.  55, 56.    1804. 

tions  and  allowances  established  by  the  act,  intituled  "An  act  concern- 
ing the  city  of  Washington/'  shall  be  computed  from  the  first  day  of 
June,  one  thousand  eight  hundred  and  two,  being  the  time  when  the 
services,  so  compensated  and  allowed,  commenced  under  the  authority 
of  the  President  of  the  United  States. 

Sec.  2.  And  be  it  jwrther  enacted,  That  the  surveyor  of  the  said 
city  shall  receive  as  a  compensation  for  his  services  an  allowance  of  three 
dollars  per  day. 

Sec.  3.  And  he  it  fitrther  enacted.  That  the  superintendent  of  the 
city  of  Washington  be,  and  he  hereby  is  authorized  to  pay  the  said  com- 
pensations and  allowances,  fi-om  the  said  first  day  of  June,  one  thousand 
eight  hundred  and  two,  in  conformity  with  the  provision  of  the  said 
recited  act,  until  Congress  shall  otherwise  direct ;  and  also  to  pay  and 
discharge  all  expenses  of  an  incidental  nature,  which  have  been  or  may 
be  incurred  in  the  discharge  of  the  functions  of  his  office  and  the  office 
of  surveyor,  which  shall  be  approved  by  the  President  of  the  United 
States. 

Sec.  4.  And  be  it  Jwrther  enacted.  That  the  said  superintendent  be, 
and  he  hereby  is  authorized  and  directed  to  settle  and  pay  the  claim  of 
Peter  Charles  L'Enfant,  for  his  services  whilst  employed  by  the  late 
board  of  commissioners,  in  the  manner,  and  on  the  terms  heretofore 
proposed  by  the  said  commissioners. 

Sec.  5.  And  be  it  further  enacted.  That  the  several  expanses  author- 
ized by  this  act,  shall  be  paid  and  discharged  out  of  any  fi^r^ds  of  the 
city  of  Washington,  in  possession  of  the  superintendent,  which  are  not 
otherwise  appropriated. 

Approted,  March  27,  1804. 


Match  27, 1804.    Chap.  LV.— ^n  Jid  eoneeming  the  Public  Buildings  at  the  City  of  Waah- 
ingUm, 


Appropriation 
for  the  public 
buildioga. 


Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  fifty  thousand  dollars  vhall 
be,  and  the  same  is  hereby  appropriated,  to  be  paid  out  of  any  money  in 
the  treasury,  not  otherwise  appropriated,  to  be  applied  under  the  direction 
of  the  President  of  the  United  States,  in  proceeding  with  the  public  build- 
ings at  the  city  of  Washington,  and  in  making  such  necessary  improve- 
ments and  repairs  thereon,  as  he  shall  deem  expedient. 

Approved,  March  27,  1804. 


Statutk  I. 
March  27, 1804. 


Act  of  l»lay 
26, 1790, ch. 11. 
The  atteaUtion 
of  the  keeper 
of  the   recorda 
which    may   be 
kept  in  any  pub- 
lic office  of  a 
state  not  apper- 
taining to  a 
court,  under  hia 
seal  of  office, 
with  a  certifi- 
cate of  the  pre- 
aiding  judge,  or 
ofthegoTomor, 
chancellor,  &c., 
that  the  atteata- 
tioB  ia  in  due 


Chap.  LVI.— wfn  Act  nuwlementary  to  the  act  intituled  ^An  act  to  prescribe  the 
mode  in  which  t!*e  putUc  acts,  recorda  and  judicial  proceedings  in  each  Slide 
shall  be  authenticated  so  as  to  take  effect  in  every  other  State,^\a) 
Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  from  and  after  the  pass- 
age of  tbis  act,  all  records  and  exemplifications  of  office  books,  which  are 
or  may  be  kept  in  any  public  office  of  any  state,  not  appertaining  to  a 
court,  shall  be  proved  or  admitted  in  any  other  court  or  office  in  any 
other  state,  by  the  attestation  of  the  keeper  of  the  said  records  or  books, 
and  the  seal  of  his  office  thereto  annexed,  if  there  be  a  seal,  together  with 
a  certificate  of  the  presiding  justice  of  the  court  of  the  county  or  district, 
as  the  case  may  be,  in  which  such  office  is  or  may  be  kept ;  or  of  the 
governor,  the  secretary  of  state,  the  chancellor  or  the  keeper  of  the  great 
seal  of  the  state,  that  the  said  attestation  is  in  due  form,  and  by  the  proper 
officer ;  and  th3  said  certificate,  if  given  by  the  presiding  justice  of  a 
court,  shall  be  farther  authenticated  by  the  clerk  or  prothonotary  of  the 
said  court,  who  shall  certify  under  his  hand  and  the  seal  of  his  office,  that 

ifl)  See  note*  to  Art  of  May   26,  1790,   chap.  11,  toI.  i.  p.  122. 


EIGHTH  CONGRESS.    Ssss.  I.  Cu.  57.    1804. 


299 


the  said  presiding  justice  is  duly  commissioned  and  qualified ;  or  if  the 
said  certificate  be  given  by  the  governor,  the  secreury  of  state,  the 
chancellor  or  keeper  of  the  great  seal,  it  shall  be  under  the  great  seal  of 
the  state  in  which  the  said  certificate  is  made.  And  the  said  records 
and  exemplifications,  authenticated  as  aforesaid,  shall  have  such  faith 
and  credit  given  to  Uiem  in  every  court  and  office  within  the  United 
States,  as  they  have  by  law  or  usage  in  the  courts  or  offices  of  the  state 
from  whence  the  same  are,  or  shall  be  taken. 

Sec.  %  And  be  it  further  enacted.  That  all  the  provisions  of  this  act, 
and  the  act  to  which  this  is  a  supplement,  shall  apply  as  well  to  the 
public  acts,  records,  office  books,  judicial  proceedings,  courts  and  offices 
of  the  respective  territories  of  the  United  States,  and  countries  subject 
to  the  jurisdiction  of  the  United  States,  as  to  the  public  acts,  records, 
office  books,  judicial  proceedings,  courts  and  offices  of  the  several  states. 

Approved,  March  27,  1804. 


Cbap.  L  VII. — An  Act  for  inmoring  more  tpetifc  duties  on  ike  in^portation  cf  ear* 
lain  articles  ,*  and  alto,  for  levying  and  eolUeting  Hghi  money  on  foreign  tkipe 
or  vesseb,  and  for  other  purpoeee^^a) 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  from  and  after  the  thirtieth 
day  of  June  next,  the  following  articles,  in  addition  to  those  already 
exempted  from  duty,  shall  and  may  be  imported  free  from  any  duty, 
namely,  rags  of  linen,  of  cotton,  of  woollen  and  of  hempen  cloth ;  bristles 
of  swine,  regulus  of  antimony,  uuwrought  day,  unwrought  burr  stones, 
and  the  bark  of  the  cork  tree. 

Sec.  2.  And  be  it  further  enacted,  That  from  and  after  the  thirtieth 
day  of  June  next,  the  duties  now  in  force  upon  the  articles  herein  after 
enumerated  and  described,  at  their  importation  into  the  United  States, 
shall  cease ;  and  that,  in  lieu  thereof,  there  shall  be  thenceforth  laid, 
levied  and  collected  upon  the  said  articles,  at  their  said  importation,  the 
several  and  respective  rates  or  duties  following,  that  is  to  say : 

On  foreign  caught  dried  fish,  fifty  cents  per  quintal ;  on  foreign  caught 
pickled  fish,  as  fofiows,  to  wit :  On  salmon,  one  hundred  cents  per  bar- 
rel ;  on  mackerel,  sixty  cents  per  barrel ;  on  all  other  pickled  fish,  forty 
cents  per  barrel ;  on  cables,  tarred  cordage,  white  lead,  red  lead,  almonds, 
currants,  prunes  and  plums,  figs,  raisins  imported  in  jars  and  boxes,  and 
muscadel  raisins,  two  cents  per  pound ;  on  all  other  kinds  of  raisins,  one 
cent  and  a  half  per  pound ;  on  tallow,  yellow  ochre  in  oil,  anchors  and 
shee|  iron,  one  cent  and  a  half  per  pound ;  on  Spanish  brown,  dry  yel- 
low ochre,  slit  and  hoop  iron,  one  cent  per  pound ;  on  starch,  three 
cents  per  pound;  on  hair  powder,  glue,  and  seines,  four  cents  per 
pound ;  on  pewter  plates  and  dishes,  four  cents  per  pound ;  on  untarred 
cordage,  two  cents  and  a  half  per  pound ;  on  quicksilver,  six  cents  per 
pound ;  on  Chinese  cassia  and  gunpowder,  four  cents  per  pound ;  on 
cinnamon  and  cloves,  twenty  cents  per  pound ;  on  mace,  one  dollar  and 
twenty-five  cents  per  pound;  on  nutmegs,  fifty  cents  per  pound;  on 
black  glass  quart  bottles,  sixty  cents  per  gross ;  on  window  glass,  as  fol- 
lows :-— On  all  not  above  eight  inches  by  ten,  one  dollar  and  sixty  cents 
per  hundred  square  feet ;  not  above  ten  inches  by  twelve,  one  doUar  and 
seventy-five  cents  per  hundred  square  feet ;  and  on  all  above  ten  inches  by 
twelve,  two  dollars  and  twenty-five  cents  per  hundred  square  feet ;  on 
segars,  two  dollars  per  thousand ;  on  kid  and  Morocco  shoes,  fifteen 
cents  a  pair ;  on  forei^  lime,  fifty  cents  per  cask  containing  sixty  gal- 
lons; and  on  Sicily  wme,  thirty  cents  per  gallon. 

Sec.  3.  And  he  it  further  enacted,  That  an  addition  of  ten  per  centum 


form,  ihall  hare 
fall  force  and 
credit  in  every 
court  of  the  U. 
S.  aa  in  the 
courta  of  the 


To  what  acta 
the  provialona 
of  thia  law  aball 
apply. 


Statutk  I. 
March  S7,lg04. 

[Obaolete.] 

Additional  ar- 
tiolea  exempted 
from  duty. 


Additional  du- 
ties impoaed. 


Specific  arti* 
clea  and  ratea. 


(a)  See  act  of  March  3,  1806,  chap.  40. 


300 


EIGHTH  CONGRESS.    Sus.  T.  Cr.  58.     1904. 


Ten  percoit. 
additional  ad 
▼alorem  daty 
upon  importa- 
tiona  in  foreign 
Tesaela  of  the 
apedfied  gooda. 

Manner  and 
terma  of  collec- 
tion. 

No  drawback 
CD  the  exporta- 
tion of  foreign 
flah  or  fiah  oil» 
or  of  playing 
carda. 

Dutieaand 
drawbacka  to 
apply  to  any 
apecific  quantity 
of  goods  in  a 
rateable  propor- 
tion. 

"  Light  money** 
to  be  levied  on 
foreign  renela. 

Act  of  March 
3, 1806,  ch.  40. 

ProTiao. 


Proviao. 
Act  of  March 
3,  180&,ch.40. 

Thepenon 
eierciaing  the 
dntiea  of  the 
late  intendent 
of  Leidaiana  to 
have  tha  aame 
jariadiction  in 
certain  caaea 
with  the  dittrict 
coarta  of  the  U. 
Sutes. 

I804»ch.  38. 

FSnea^penaltiea 
or  forfeitoraeyby 
whoa  they  may 
be  remitted,  Ifcc. 


shall  be  made  to  the  several  rates  of  daties  above  specified  and  impoeed 
in  respect  to  all  sach  goods,  wares  and  merchandise  as  aforesaid,  as  shall, 
after  the  said  thirtieth  day  of  June,  be  imported  in  ships  or  vcwels  not 
of  the  United  States. 

Sec.  4.  And  be  it  further  enadedy  That  the  daties  laid  by  this  act, 
shall  be  levied  and  collected  in  the  same  manner,  and  under  the  same 
r^ulations  and  allowances  as  to  drawbacks,  mode  of  security,  and  time 
01  payment  respectively,  as  the  several  duties  now  in  force  on  the  re« 
spective  articles  herein  before  enumerated :  Praoided  AoMPcoer,  that  no 
drawbacks  shall  be  allowed  on  the  exportation  of  foreign  fish,  or  fish  oil, 
or  of  playing  cards. 

Sec.  5.  And  he  it  Jurther  enacted^  That  all  duties  and  drawbacks 
which,  by  virtae  of  this  act,  shall  be  payable  and  allowable  on  any  spe- 
cific quantity  of  goods,  wares  and  merchandise,  shall  be  deemed  to 
apply,  in  proportion  to  any  quantity  greater  or  less  than  such  specific 
quantity. 

Sec.  6.  And  he  it  further  enacted,  That  a  duty  of  fifty  cents  per 
ton,  to  be  denominated  *'  light  money,''  shall  be  levied  and  collected  on 
aU  ships  or  vessels  not  of  the  United  States,  which,  after  the  aforesaid 
thirtieth  day  of  June  next,  may  enter  the  ports  of  the  United  States: 
Provided  however,  Ihat  nothing  in  this  act  shall  be  so  construed  aa  to 
contravene  any  provision  of  the  treaty  or  conventions  concluded  between 
the  United  States  of  America  and  the  French  Republic,  on  the  thirtieth 
day  of  April,  one  thousand  eiffht  hundred  and  three :  And  provided 
also,  that  the  said  light  money  shall  be  levied  and  collected  in  the  same 
manner,  and  under  the  same  regulations,  as  the  tonnage  duties  now  im- 
posed by  law. 

Sec.  7.  And  he  it  further  enacted.  That  the  person  exercising  the 
powers  which,  under  Ihe  Spanish  government,  were  vested  in  the  intend- 
ent of  the  province  of  Louisiana,  shall,  until  a  district  court  of  ^e  United 
States  shall  be  established  in  the  territory  of  Orleans,  in  conformity  with 
the  provisions  of  the  act,  intituled  "An  act  erecting  Louisiana  into  two 
territories ;  and  providing  for  the  temporary  government  thereof,"  have 
and  exercise,  in  all  cases  whatever  arising  within  the  said  territory  under 
the  laws  regulating  and  providing  for  the  collection  of  duties  on  imports 
and  toonage,  or  under  any  other  revenue  laws  of  the  United  States,  the 
same  jurisdiction  and  powers  which,  by  law,  are  given  to  the  district  and 
circuit  courts  of  the  united  States.  And  the  powers  to  remit  fines, 
penalties  or  forfeitures,  and  to  remove  disabilities,  which,  by  law,  are 
vested  in  the  Secretary  of  the  Treasury,  may  and  shall,  in  all  cases  of 
such  fines,  penalties,  forfeitures  or  disabilities  incurred  within  the  ter* 
ritory  of  Orleans,  and  until  a  governor  of  the  said  territory  ahaH  be 
appointed  and  shall  enter  into  the  functions  of  his  office,  be  exercised  by 
the  person  exercising  the  powers  which,  under  the  Spanish  government, 
were  vested  in  the  governor  of  the  province  of  Louisiana ;  and  the  said 
powers  to  remit  fines,  penalties  or  forfeitures,  and  to  remove  disabilities, 
may  and  shall,  in  like  manner,  be  exercised  by  the  governor  of  the  said 
territory,  firom  the  time  when  he  shall  enter  into  the  functions  of  his 
office,  in  conformity  with  the  provisions- of  the  said  act,  until  the  end  of 
the  next  session  of  Congress,  and  no  longer. 

Apfeovbd,  March  S7, 1804. 


STATvn  T. 
March  Xt,  1804. 


Chap.  LVlII.^^n  aei  relative  to  the  eongtemtUione  (f  certain  qffieerB  of  the  em* 
tomi^  and  to  provide  for  appoifUing  a  aurveyor  in  the  didriet  therein  mentioned, 

Salariea  of  Be  it  enacted  hf  the  Senate  and  House  of  Representatives  of  the  United 

of^  curtMu   ^^^  Sf  ^^"^^^^  ^'^  Congress  assembled.  That  from  and  after  the  last 

augmented.         day  of  June,  in  the  present  year,  the  salaries  heretofore  aOowed  by  law, 

to  the  several  collectors  of  the  customs,  for  the  districts  of  Bath,  Port*- 


EIGHTH  CONGRESS.    Sbss.  I.  Ch.  59.    1804. 


331 


noutb,  Newport,  Middletown,  New  Haven,  Delaware,  Richmond,  Wil- 
mington  in  NorUi  Carolina,  Newbffern,  and  Edenton,  shall  cease  and  be 
discontinaed.  And  there  shall  be  aDowed  and  paid,  annually,  to  the 
officers  of  the  customs  hereafter  named,  the  following  sums  respectp 
ively,  viz : 

To  the  collector  for  the  district  of  Natchez,  in  addition  to  the  fees 
and  other  emoluments  of  office,  the  sum  of  two  hundred  and  fifty  dollars; 
and  to  each  of  the  surveyors  at  New  London,  Middletown,  New  Haven 
and  Alexindria,  in  addition  to  the  allowances  ahready  established  by 
law,  the  sum  of  fifty  dollars. 

Sic.  %  And  be  it  fiurther  enacted.  That  from  and  after  the  said  last 
day  of  June,  in  lieu  of  the  commissions  heretofore  allowed  bylaw,  there 
Mudi  be  allowed  to  the  collectors  of  the  customs  for  Wilmington,  in 
North  Cardina,  and  Newbern,  two  and  a  half  per  cent. 

To  the  collectors  for  Petersburg  and  Richmond,  two  per  cent 
To  the  collectors  for  Kennebnnk  and  New  London,  one  and  three 
quarters  per  cent. 
To  the  collector  for  Bath,  one  and  an  half  per  cent 
To  the  collectors  for  New  Haven  and  Middletown,  one  and  three 
eiffhths  per  cent 

To  the  collectors  for  Providence  and  Alexandria,  one  and  one  quarter 
percent 

To  the  coUector  for  Newburyport,  one  and  one  eighth  per  cent 
To  the  collector  for  Portland,  three  quarters  of  one  per  cent 
And  to  the  collectors  for  Salem  and  Beverly,  five  eighths  of  one  per 
cent  on  all  monies  by  them  req>ectively  received  on  account  of  the 
duties  arising  on  goods,  wares  and  merchandise  imported   into  the 
United  States,  and  on  the  tonnage  of  ships  and  vessels. 

Sec.  3.  And  be  it  further  enacted^  That  there  shall  be  appointed  a 
surveyor  for  the  district  of  Marblehead,  to  reside  at  Marblehead ;  who 
shaU  be  entitled  to  receive,  in  addition  to  the  other  emoluments  allowed 
by  law,  a  salary  of  one  hundred  dollars,  annually. 
Approved,  March  27,  1804. 


Act  of  Much 
S,  1799,  oh.  S8. 


AHowance  to 
the  collector  of 
Natclies,  and  to 
the  ■ttrreyonof 
New  London, 
Middletown, 
New  Haven  and 
Alexandria. 

TotheeoUec- 
tonofWilming* 
ton  and  New- 
born, in  North 
Carolina. 
Petertburv  and 
Richmond. 
Kennebnnk  and 
New  London. 
Bath. 

New  Haven  am 
Middletown. 
ProTidence  and 
Alexandria. 

Newboryport. 

PorUand. 

Salem  and  Bot 
eriy. 


Sanreyor  to  bs 
appointed  for 
Marblehead. 

Allowance  to 


Chap.  LIX,— ^  Jet  for  the  (Appointment  (fan  additional  Judge  for  the  Mmio* 
oippi  territory  /  and  for  other  pwrpoeee. 

Be  it  enacted  by  the  Senate  and  House  of  RepresentaHves  of  the  United 
States  of  America  in  Congress  assembled.  That  there  shall  be  appointed 
an  additional  judge  for  the  Mississippi  territory,  who  shall  reside  at  or 
near  the  Tombigbee  settlement,  and  who  shall  possess  and  exercise, 
within  the  district  of  Washington,  as  fixed  and  ascertained  by  an  act  of 
general  assembly  of  the  Mississippi  territory,  intituled,  ''An  act  for  the 
more  convenient  organization  of  the  courts  of  the  said  territory,"  the 
jurisdiction  heretofore  possessed  and  exercised  by  the  superior  court  of 
the  said  territory  within  the  said  district  of  Washington,  and  to  the 
exclusion  of  the  original  jurisdiction  of  the  said  superior  court  within 
the  same :  Provided  always,  that  the  said  superior  court  shall  have  full 
power  and  authority  to  issue  writs  of  error  to  the  court  established  by 
this  act  and  to  hear  and  determine  the  same,  when  sitting,  for  the  district 
of  Adams,  as  fixed  and  ascertained  by  the  act  of  the  general  assembly 
of  the  Mississippi  territory,  herein  before  mentioned. 

Sec.  2.  Be  ii  further  enacted,  That  the  said  superior  court  are  hereby 
authorized,  upon  the  reversal  of  a  judgment  of  the  court  established  by 
this  act,  to  fender  such  judgment  as  the  said  court  ought  to  have  ren- 
dered or  passed,  except  where  the  reversal  is  in  favour  of  the  plaintiff  in 
the  original  suit,  and  the  debt  or  damages  to  be  assessed  are  uncertain, 
in  which  case  the  cause  shall  be  remanded  in  order  to  a  final  determi- 
nation. 

2G 


Statut*  L 
March  27, 1804. 

[Obaolete.] 

Act  of  March 
S,  1810,  ch.  16 

An  additional 
judge  to  be  ap- 
pointed Tor  toe 
MiraiMippi  ter- 
ritory. 

His  place  of 
reiidence. 

Hiadotiesand 
aothoritiet. 


ProTiao. 


Upon  the  re- 
Tcrsal  of  a  Judg- 
ment of  the 
court  ettabliflh- 
ed  by  thii  act. 
the  judgment  of 
the  superior 
court  to  be  final: 
but   in   certain 


332 


EIGHTH  CONGRESS.     Sias.  I.  Ch.  CD.     1804. 


CMM,  when  the 
cause  shall  be 
remanded  to  the 
court  below. 
Plaintiffs  in 
error,  other  than 
executors  or  ad- 
ministrators, to 
give  security. 

Proceedings 
commenced  in 
the  superior 
court  of  Wash- 
ington district 
transferred  to 
that  established 
by  this  act. 

Officers  to  is- 
sue and  execute 
]>rocets  and  to 
record  the  pro- 
ceedings autho- 
rized to  act  for 
both  courts. 

Sessions  of  the 
court. 

Places  and 
times  of  holding 
them. 


Salarjr,&c.&c. 
of  the  judge. 


Statute  I. 


Sec.  3.  Be  it  Jurtlur  enacted.  That  when  any  jierson,  not  being  an 
executor  or  administrator,  applies  for  a  writ  of  error,  such  writ  of  error 
shall  be  no  stay  of  proceedings  in  the  court  to  which  it  issues,  unless  the 
plaintiff  in  error  shall  givu  security,  to  be  approved  of  by  a  judge  of  the 
said  superior  court,  that  the  plaintiff  in  error  shall  prosecute  his  writ  to 
effect,  and  pay  the  condemnation  money  and  all  costs,  or  otherwise 
abide  the  judgment  in  error,  if  he  fail  to  make  his  plea  good. 

Sec.  4.  Be  it  further  enacted.  That  all  pleas,  process,  and  proceed- 
ings whatever,  which  may  have  been  commenced  in  the  said  superior 
court  within  the  aforesaid  district  of  Washington,  shall  be,  and  the  same 
are  hereby  transferred  to  the  court  established  by  this  act,  and  the 
officers  appointed  to  issue  or  execute  the  process  of  the  said  superior 
court  within  the  district  of  Washington,  and  to  record  the  proceedings 
of  the  same,  are  hereby  authorized  and  required  to  issue  and  execute  the 
process  of  the  court  established  by  this  act,  and  to  record  the  proceed- 
ings thereof 

Sec.  5.  Be  it  farther  enacted.  That  the  court  established  by  this  act, 
shall  hold  two  terms  in  each  and  every  year,  at  the  place  where  the 
courts  for  Washington  county,  within  the  said  territory,  shall  be  held,  to 
commence  on  the  days  following,  to  wit:  on  the  first  Monday  in  May 
and  September,  annually;  and  shall  then  and  there  proceed  to  hear  and 
determine  the  pleas,  process  and  proceedings  depending  before  them,  in 
the  same  manner  as  the  said  superior  court  within  the  district  of  Wash- 
ington aforesaid,  might  or  could  have  done,  in  case  this  act  had  not 
been  passed. 

Sec.  6.  And  be  it  farther  enacted,  That  the  judge  to  be  appointed 
by  virtue  of  this  act,  shall  receive  the  same  salary,  and  payable  in  the 
same  manner,  which  is  esl&blished  by  law  for  judges  of  the  said  superior 
court  of  the  Mississippi  territory. 

Approved,  March  27,  1804. 


March  27, 1804.    Chap.  LX,—^njSei  to  provide  fur  a  more  extensive  distribution  tf  the  Lawi  oftAe 
United  States, 


Four  hundred 
copies  of  the 
laws  of  the  U. 
Sutes,  to  be 
procured  by  the 
Secretary  of 
State,  and  one 
hundred  of  them 
to  be  distribut- 
ed, in  propor- 
tions, in  the  ter- 
ritory of  Orleans 
and  district  of 
Louisiana. 

One  thousand 
copies  printed 
at  the  close  of 
each  session  of 
Congress  to  be 
reserred  for  fu- 
ture disposition. 
Distribution  of 
the  remainder  to 
be  extended  to 
the  different  ter- 
ritories. 

Laws  of  the 
present  and  fn- 
tore  sessions  to 
be  published  in 
the  territories. 

Appropriation 
to    defray    the 


Be  it  enacted  by  the  Senate  and  House  of  Rtpreseniatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  Secretary  for  the 
department  of  State,  be,  and  he  hereby  is  authorized  and  empowered 
to  procure  four  hundrec  copies  of  the  laws  of  the  United  States :  one 
hundred  copies  of  which  shall  be  distributed  in  just  proportions  in  the 
territory  of  Orleans  and  district  of  Louisiana,  the  other  three  hundred 
copies  to  be  reserved  for  the  disposal  of  Congress. 

Sec.  2.  And  be  it  further  enacted.  That  one  thousand  copies  of  the 
laws  of  the  United  States  which  shall  be  printed  at  the  close  of  each 
session  shall  be  reserved  for  the  disposal  of  Congress :  and  that  the  dis- 
tribution of  the  remainder  shall  be  extended  to  the  territory  of  Orleans, 
and  district  of  Louisiana,  and  to  such  other  territories  as  are  or  may 
hereafter  be  established,  in  the  same  manner  and  proportion  as  is  already 
provided  by  law  for  distributing  them  among  the  several  states  and  ter- 
ritories :  and  the  Secretary  of  State  shall  cause  to  be  published  in  one 
newspaper  in  each  of  the  territories  of  the  United  States,  where  news- 
papers are  printed,  the  laws  which  have  passed  during  the  present  ses- 
sion, and  which  may  hereafter  be  passed  by  Congress. 

Sec.  3.  And  be  it  further  enacted.  That  there  shall  be  transmitted,  by 
the  Secretary  of  State,  to  each  member  of  the  Senate  and  House  of 
Representatives,  and  to  each  territorial  delegate,  as  soon  as  may  be,  after 
the  expiration  of  each  session  of  Congress,  a  copy  of  all  the  laws  which 
shall  have  been  passed  at  such  session. 

Sec.  4.  And  be  it  farther  enacted.  That  the  sum  of  two  thousand 
dollars  be,  and  the  same  hereby  is  appropriated  for  defiraying  the  expense 


EIGHTH  CONGRESS.     Sess.  I.  Cn.  61.     1804.  333 

aoihorized  by  this  act,  payable  out  of  any  money  in  the  treasury,  not  expense  of  car- 
otherwise  appropriated.  r-^'"K  _*^^«   "^^ 
Approved,  March  27, 1334.  *"'°  ''^^^'' 


Statute  I. 


Chap.  TjXI.— ^n  Jtd  supplementary  to  the  act  intituled  *^Jn  act  ree^lating  the    March  27, 1804. 

^ani§  (f  land^  and  providing  for  the  diepoaal  of  the  lands  of  the  United  States^ 

south  of  the  state  if  Tennessee.'^a)  3^  ^^03^ ^"21. 

Se  it  enacted  hy  the  Senate  and  House  of  Representatives  of  the  United      Notice  to  be 
States  of  America  in  Congress  assembled,  That  persons  claiming  lands   P™  t^*^*** '« 
in  the  Mississippi  territory,  by  virtue  of  any  British  or  Spanish  grant,   i^nd-office  by 
or  by  virtue  of  the  three  first  sections  of  the  act  to  which  this  is  a  sup-   persons  claim. 
plement,  or  of  the  articles  of  agreement  and  cession  with  the  state  of   JJ8  *?'*^*  P^**** 
Georgia,  may,  after  the  last  day  of  March,  in  the  year  one  thousand   ritorv"wett  of 
eight  hundred  and  four,  and  until  the  last  day  of  November,  then  next   Pearl  river,  and 
foBowing,  give  notice  in  writing,  of  their  claims,  to  the  register  of  the   *J*®''  *^*^"j*  ^ 
land-office,  for  the  lands  lying  west  of  Pearl  river,  and  have  the  same 
recorded  in  the  manner  prescribed  by  the  fifth  section  of  the  act  to 
which  this  is  a  supplement:  Provided  however,  thai  where  lands  are      ProYiso  in  fa- 
claimed  by  virtue  of  a  complete  Spanish  or  British  grant,  in  conformity   ^°J  **^  tuh""** 
with  the  articles  of  agreement  and  cession  between  the  United  States   gnnts."  " 
and  the  state  of  Georgia,  it  shall  not  be  necessary  for  the  claimant  to 
have  any  other  evidence  of  his  claim  recorded,  except  the  original  grant 
or  patent,  together  with  the  warrant  or  order  of  survey  and  the  plot;  but 
all  the  subsequent  conveyances  or  deeds  shall  be  deposited  with  the 
register,  to  be  by  him  laid  before  the  commissioners  when  they  shall 
take  the  claim  into  consideration :  and  the  powers  vested  by  law  in  the 

(a)  Under  the  act  of  Congress  of  March  3, 1803,  chap.  27,  entitled,  **  An  act  regulating  grants  of  lands, 
and  proTiding  for  Uie  disposal  of  the  lands  of  the  United  States  south  of  the  state  of  Tennessee,*'  such  lands 
only  were  authorised  to  be  offered  for  sale  as  had  not  been  appropriated  by  the  previous  sections  of  the 
law,  and  certificates  granted  in  pursuance  thereof.  A  right  therefore  to  a  particular  grant  of  land,  de- 
rived from  a  donation  certificate  given  under  the  law,  is  superior  to  the  title  of  any  one  who  purchased 
the  same  land  at  the  public  sales,  unless  there  is  some  fatal  infirmity  in  the  certificate  which  renders  it 
void.    Ross  V.  Barland  et  al.,  1  Peters,  666. 

The  act  of  Congress  requires  no  precise  form  for  the  donation  certificate.  It  is  sufficient  if  the  proofs 
be  eshibited  to  the  court  of  the  commissioners  to  satisfy  them  of  the  facts  entitling  the  party  to  the  cer- 
tificate. It  is  sufficient  if  the  consideration,  the  occupancy,  and  the  quantity  granted  appears:  nothing 
more  is  necessary  to  certify  to  the  government  the  party's  right,  or  to  enable  hun,  after  it  is  surveyed  by 
the  proper  officer,  to  obtain  a  patent.    Ibid, 

Tne  2d  section  of  the  act  or  March  3,  1803,  was  intended  to  confer  a  bounty  on  a  numerous  class  of 
individuals ;  and  in  construing  the  ambiguous  words  of  the  section,  it  is  the  duty  of  the  court  to  adopt 
that  constniction  which  will  best  effect  the  liberal  intentions  of  the  legislature.    Ibid, 

The  time  when  the  territory  over  which  the  law  operated  was  evacuated  by  the  Spanish  troops,  was 
very  important,  as  the  lav/  was  intended  to  provide  for  those  who  were  actually,  at  that  time,  inhabitants 
of,  and  cultivated  the  soil  Witain  it;  but  whether  it  was  in  1797  or  1798,  was  comparatively  unimportant. 
The  decision  of  the  commissioners  upon  the  period  when  the  evacuation  took  place  is  sufficient ;  and  the 
court  are  disposed  to  adopt  the  construction  of  the  act  given  by  the  commissioners,  west  «f  Pearl  river, 
that  the  evacuation  took  place  on  the  30th  March,  1798,  by  which  persons  claiming  within  the  objects  of 
the  section  were  entitled  to  certificates.    Ibid. 

Congress  have  treated  as  erroneous  the  construction  given  to  the  law  by  the  commissioners  to  settle 
claims  to  lands  east  of  Pearl  river;  who  have  decided  that  only  those  who  have  settled  on  the  lands  within 
the  territory  in  the  year  1797,  were  entitled  to  donation  certincates,  and  who  had  granted  to  others  pre- 
emption certificates.    Ibid, 

The  commissioners  appointed  under  the  act  of  Congress  relative  to  claims  to  lands  south  of  the  state 
of  Tennessee,  were  authorized  to  hear  evidence  as  to  the  time  of  the  actual  evacuation  of  the  territory 
by  the  Spanish  troops,  and  to  decide  upon  the  fact.  The  law  gave  them  power  to  hear  and  decide  all 
matters  respecting  such  claims,  and  to  determine  thereon  according  to  justice  and  equity,  and  declared 
their  deliberations  shall  be  final.  The  court  are  bound  to  presume  that  every  fact  necessary  to  warrant 
the  certificate  in  the  terms  of  it,  was  proved  before  the  commissioners ;  and  that  subsequently  it  was 
shown  to  them  that  the  final  evacuation  of  the  territory  took  place  on  the  30th  March,  1798.    Ibid. 

It  is  the  settled  doctrine  of  the  judicial  department  of  the  government  of  the  United  States,  that  the 
treaty  of  1819  with  Spain,  ceded  to  the  United  States,  no  territory  west  of  the  Perdido  river.  It  had 
already  been  acquirea  under  the  Louisiana  treaty.  Pollard's  Lessee  v.  Files,  2  Howard's  Sup.  Court 
Rep.  691. 

In  the  interval  between  the  Louisiana  treaty,  and  the  time  when  the  United  States  took  possession  of 
the  territory  west  of  the  Perdido,  the  Spanish  government  had  a  right  to  grant  permits  to  settle  and  im- 
prove by  cultivation,  and  to  authorise  tne  erection  of  establishments  for  mechanical  purposes.    Ibid. 

These  incipient  conoeesions  were  not  regarded  hy  Congress,  but  are  recognised  in  tne  acts  of  1804, 
1812,  1819,  and  as  claims  are  within  the  acts  of  1824.    Ibid, 


334 


EIGHTH  CONGRESS.    Sbss.  I.  Ca.  61.    1804. 


CkimmiMionera 

aathoriied  to 

adjourn  from 

time  to  time. 

ProTito. 


Proviso. 


What  evidence 
maybe  required 
bv   the    boards 


era    conoemiag 
Spanish  granU. 


Boards  ofcom- 
missioners  to 
make  reports 
to  the  Secretary 
of  the  Treasury 
in  certain 


Agent  to   be 
appointed  by 
the  Secretary  of 
the  Treasury. 


Board  of  com. 
missioners  for 
adjusting  claims 
to  land,  south  of 
Pearl  river,  au- 
thorised to  em- 
ploy an  assistant 
clerk  and  a 
translator  of  the 
Spanish  lan- 
guage. 


commissionen  appointed  for  the  purpose  of  ascertaining  the  claims  to 
lands  lying  west  of  Pearl  river,  shall,  in  every  respect,  extend  and  apply 
to  claims  which  may  be  made  by  virtue  of  this  section ;  and  the  same 
proceedings  shall  thereupon  be  had  as  are  prescribed  by  the  act  afore- 
said, in  relation  to  claims  which  shall  have  been  exhibited  on  or  before 
the  last  day  of  March,  in  the  year  one  thousand  eight  hundred  and  four. 

Sec.  2.  And  ht  it  Jwrthir  enacted.  That  the  commissioners  aforesaid, 
appointed  to  adjust  the  claims  to  lands  lying  west  of  Pearl  river,  shall 
have  power  to  adjourn  from  time  to  time,  and  for  such  time  as  they  may 
think  fit:  Provided  however,  that  they  shall  meet  on  the  first  day  of 
December,  in  the  year  one  thousand  eight  hundred  and  four,  and  shall 
not  afterwards  adjourn  for  a  longer  time  than  three  days,  nor  until  they 
shall  have  completed  the  business  for  which  they  were  appointed :  And 
provided  also,  that  nothing  contained  in  this  act,  nor  in  that  to  which 
this  is  a  supplement,  shall  be  construed  to  prevent  the  said  commissioners, 
nor  those  appointed  to  adjust  the  claims  to  lands  Ijin^  east  of  Pearl  river, 
from  acting  and  deciding  at  any  time,  on  any  claim  which  has  been 
exhibited  in  the  manner  prescribed  by  law,  although  the  evidence  of  the 
same  may  not,  at  that  time,  have  been  transcribed  on  the  books  of  the 
register. 

Sec.  3.  And  he  it  further  enacted.  That  when  any  Spanish  grant, 
warrant,  or  order  of  survey,  shall  be  produced  to  either  of  the  said 
boards  of  commissioners,  for  lands  which  were  not,  at  the  date  of  such 

grant,  warrant,  or  order  of  survey,  or  within  one  year  thereafter,  in- 
abited,  cultivated,  or  occupied  by,  or  for  the  use  of  the  grantee :  or 
whenever  either  of  the  said  boards  shall  not  be  satisfied,  that  such  grant, 
warrant,  or  order  of  survey,  did  issue,  at  the  time  when  the  same  bears 
date,  the  said  commissioners  shall  not  be  bound  to  consider  such  grant, 
warrant,  or  order  of  survey,  as  conclusive  evidence  of  the  title,  but  may 
require  such  other  proof  of  its  validity  as  they  may  deem  proper :  and 
the  said  boards  shaU  make  a  full  report  to  the  Secretary  of  the  Treasury, 
to  be  by  him  laid  before  Congress,  for  their  final  decbion  of  all  claims 
grounded  on  such  grants,  warrants,  or  orders  of  survey,  as  may  have 
been  disallowed  by  the  said  boards,  on  suspicion  of  their  being  antedated, 
or  otherwise  fraudulent 

Sec.  4.  And  be  it  further  enacted.  That  the  Secretary  of  the  Trea- 
sury shall  be,  and  he  is  hereby  authorized  to  employ  an  agent,  whose 
compensation  shall  not  exceed  one  thousand  five  hundred  ddlars  in  full 
for  all  his  services,  for  the  purpose  of  appearing  before  the  said  commis- 
sioners, in  behalf  of  the  United  States,  to  investigate  the  claims  for 
lands,  and  to  oppose  all  such  as  he  may  deem  fraudulent  and  unfounded. 
And  each  of  the  said  boards  of  commissioners  shall  have  the  same 
powers  to  compel  the  attendance  of  witnesses,  as  are  now  vested  in  the 
courts  of  the  United  Sutes. 

Sec.  5.  And  he  it  further  enacted.  That  the  board  of  commissioners, 
appointed  to  adjust  the  claims  to  lands  lying  west  of  Pearl  river,  shall 
be  authorized  to  employ  an  assistant  clerk,  and  also  a  translator  of  the 
Spanish  language,  to  assist  them  in  the  de^atch  of  the  business  which 
may  be  brought  before  them,  and  for  the  purpose  of  recording  Spanish 
grants,  deeds,  or  other  evidences  of  claims  on  the  register's  books ;  the 
said  translator  shall  receive  for  the  recording  done  by  him,  the  fees 
already  provided  by  law,  and  may  be  allowed,  not  exceeding  fifty  dollars, 
for  every  month  he  shall  be  employed,  provided  that  the  whole  compen- 
sation, other  than  that  arising  from  fees,  shall  not  exceed  six  hundred 
dollars :  the  assistant  clerk  shall  be  allowed  a  sum  not  exceeding  five 
hundred  dollars  for  his  services ;  and  each  of  the  commissioners  of  the 
said  board,  in  addition  to  the  compensation  now  fixed  by  law,  shall  be 
allowed  six  dollars  for  every  day  he  shall  attend  on  the  board,  after  the 
last  day  of  November,  in  the  year  one  thousand  eight  hundred  and  four : 


EIGHTH  CONGRESS.    Sess.  I.  Ch.  61.    1804. 


305 


Provided,  that  this  additional  compensation  shall  not  exceed  two  thou- 
sand dollars,  for  each  of  the  said  commissioners. 

Sec,  6.  And  he  it  Jurther  enacted.  That  from  and  afler  the  first  day 
of  April,  in  the  year  one  thousand  eight  hundred  and  four,  the  surveyor 
of  the  lands  of  the  United  States,  south  of  the  state  of  Tennessee,  shall 
receive  an  annual  compensation  of  two  thousand  dollars,  in  lieu  of  the 
annual  compensation  now  fixed  by  law.  And  the  lands  claimed  by  Virtue 
of  Spanish  grants,  legally  and  fully  executed,  and  the  titles  to  which 
were  confirmed  by  the  articles  of  agreement  and  cession  between  the 
United  States  and  the  state  of  Georgia,  shall  be  surveyed  in  the  manner 
prescribed  by  the  act  to  which  this  is  a  supplement,  at  the  expense  of  the 
United  States ;  any  thing  in  the  said  act  to  the  contrary  notwithstanding. 

Sec.  7.  And  be  it  further  enacted,  That  the  tract  of  country  lying 
north  of  the  Mississippi  territory,  and  south  of  the  state  of  Tennessee, 
and  bounded  on  the  east  by  the  state  of  Georgia,  and  on  the  west  by 
Louisiana,  shall  be,  and  the  same  is  hereby  annex^  to,  and  made  a  part 
of  the  Mississippi  territory.* 

Sec.  8.  Ana  be  it  further  enacted.  That  so  much  of  the  eighth  sec- 
tion of  an  act,  intituled  "An  act  regulating  ^ants  of  land,  and  pro- 
viding for  the  disposal  of  the  lands  of  the  United  States,  south  of  the 
state  of  Tennessee,"  as  provides,  "  that  no  certificate  shall  be  granted 
for  lands  lying  east  of  the  Tombieby  river,"  be,  and  the  same  hereby  is 
repealed :  Provided,  that  no  certificate  shall  be  granted  for  any  lands  to 
which  the  Indian  title  has  not  been  extinguished. 

Sec.  9.  And  be  it  further  enacted.  That  the  commissioners  appointed 
in  pursuance  of  the  act  aforesaid,  be,  and  they  are  hereby  authorized 
and  required  to  make,  on  or  before  the  first  day  of  December  next,  a 
full  report  to  the  Secretary  of  the  Treasury,  of  all  claims  that  have  been, 
or  may  be  laid  before  them,  for  lands  held  by  warrant  of  survey  and  im- 
provement, in  cases  where  the  claimants  were  minors,  and  not  heads  of 
families,  at  the  time  such  warrants  were  issued,  with  the  circumstances 
which  occasioned  the  issuing  of  such  warrants,  and  the  validity  which 
has  been  considered  as  attached  to  the  same. 

Sec.  10.  And  he  it  further  enacted,  That  for  the  purpose  of  carrying 
this  act  into  effect,  a  sum  not  exceeding  twenty  thousand  dollars,  shall 
be,  and  the  same  is  hereby  appropriated,  to  be  paid  out  of  any  money 
in  the  treasury,  not  otherwise  appropriated. 

Sec.  11.  And  be  it  further  enacted,  That  the  execution  of  so  much 
of  the  twelfth  section  of  the  act  to  which  this  is  a  supplement,  as  excepts 
"such  town  lots,  not  exceeding  two,  in  the  town  of  Natchez,  and  such 
an  out  lot  adjoining  the  same,  not  exceeding  thirty  acres,  as  may  be  the 
property  of  the  United  States,  to  be  located  by  the  governor  of  the 
Mississippi  territory,  for  the  use  of  Jefferson  CoUe^,"  b^,  and  the  same 
is  hereby  suspended  until  the  end  of  the  next  session  of  Congress. 

Sec.  12.  And  be  it  fifther  enacted.  That  transcripts  of  the  records  of 
the  British  province  of  West  Florida,  to  claims  for  land  therein,  and  which 
have  been  delivered  to  the  government  of  the  United  States,  may  be  pro- 
duced as  evidence,  and  shallbe  entitled  to  the  same  weight  in  any  court  of 
the  United  States,  as  if  the  same  had  been  delivered  or  shall  be  delivered, 
to  either  of  the  registers  of  the  land-ofllices  in  the  Mississippi  territory, 
before  the  last  of  March,  one  thousand  eight  hundred  and  four,  any 
thing  in  this  act,  or  in  the  fifth  section  of  the  act  to  which  this  is  a  sup- 
plement, to  the  contrary  notwithstandinJO^ 

Sec.  13.  And  he  it  further  enacted.  That  the  sum  of  three  thousand 
dollars  be,  and  the  same  is  hereby  appropriated,  for  the  purpose  of  extend- 
ing the  external  commerce,  and  exploring  the  limits  of  the  United  States, 
in  the  new  acquired  territory  of  Louisiana,  out  of  any  monies  in  the 
treasury  not  otherwise  appropriated. 

Sec.  14.  And  be  it  Jurther  enacted,  That  Major-General  La  Fayette 

Vol,  n.— 09  2  c  2 


Compenia- 
tton  not  to  ei- 
ceed  $2000. 

Salary  of  the 
surveyor  of 
lands  soath  of 
Tennossee. 

Lands  claimed 
under  Spanish 
grants,  the  titles 
to  which  are  not 
confirmed,  to  be 
surveyed  at  the 
eipense  of  the 
United  Sutes. 

Lands    north 
oftheMississip. 
pi  territory  and 
south  of  the 
■Ute  of  Ten. 
nessee,  and 
bounded  on 
Georgia  and 
Louisiana,made 
part  of  the  Mis. 
•issippi  territo. 

nr- 

Repeal  of  part 
of  a  former  act. 
1803,  ch.  27. 

Commission, 
ers  to  make  a 
report  to  the 
Secretary  of  the 
Treasury  in  a 
certain  case. 

•1798,  ch.  28. 
1803,  ch.  27. 


Appropriation 
for  carrying  this 
act  into  effect. 


Part  of  the 
twelfth  section 
of  the  act  to 
which  this  is  a 
supplement  sus. 
pended. 


Transcripts  of 
the  Britisn  re. 
cords  of  West 
Florida  to  be 
evidence  in  cer. 
tain  cases. 


Appropriation 
for  extending 
the    external 
commerce,  and 
exploring  the 
limiu  of  the  U. 
States  in  Lou. 


306 


EIGHTH  CONGRESS.    Sess.  I.  Resolution.     1604. 


Major-General 
La  f*a7ette  au- 
thorizedtomake 
bis  location  up- 
on public  lands 
in  tbe  territory 
of  Orleans. 


IS03,  eh.  30. 


1804. 


A  Yariance  be- 
tween an  en- 
grossed bill  and 
an  inrolled  bill 
to  be  corrected. 

1804.  ch.  30. 


be,  and  he  is  hereby  authorized  and  empowered  to  locate  and  survey  the 
lands  allowed  him  by  the  fourth  section  of  an  act,  intituled  <<An  act  to 
revive  and  continue  in  force  an  act  in  addition  to  an  act,  intituled  An 
act  in  addition  to  an  act,  regulating  the  grants  of  land  appropriated  for 
military  services,  and  for  the  society  of  United  Brethren  for  propagating 
the  gospel  among  the  heathen,  and  for  other  purposes,"  on  any  lands  the 
property  of  the  United  States,  in  the  territory  of  Orleans ;  and  on  pre- 
senting the  surveys  of  the  said  land  to  the  Secretary  of  the  Treasury,  the 
President  of  the  United  States  is  hereby  authorized  to  issue  letters  patent 
to  the  said  Major-General  La  Fayette  for  the  quantity  of  lands  allowed 
by  the  said  act. 

Approved,  March  27,  1804. 


Rbsolution  to  ituiruei  the  joint  eommittu  qf  inroUed  Bills  to  toait  on  the  Pre- 
tideni  of  the  United  States,  reapeciing  a  variance  between  an  engrossed  and 
inrolled  Bill. 

Resohed  by  the  Smote  and  House  of  Representatipes  of  the  United 
States  qf  America  in  Congress  assembled.  That  the  joint  committee  for 
inrolled  bills  be  instructed  to  wait  on  the  President  of  the  United  States, 
and  lay  before  him  the  engrossed  bill,  intituled  *'An  act  for  the  relief  of 
the  captors  of  the  Moorish  armed  ships  Meshouda  and  Mirboha,"  with 
the  several  amendments  thereto,  as  the  same  was  finally  passed  by  both 
houses  of  Congress ;  and  to  state  the  variance  between  the  said  en- 
grossed bill  and  the  inrolment  thereof,  as  approved  by  the  President,  and 
to  request  that  he  will  cause  the  said  inrolled  bill  to  be  returned  to  this 
house,  in  which  it  originated,  for  the  purpose  of  rendering  the  said  bill 
conformable  with  the  engrossed  bill  and  the  amendments  thereto,  as 
passed  by  the  two  houses  of  Congress. 


Resohed  by  the  Senaie  and  House  t^  Represeniatwes  qf  the  VmUd  States  qf  America 
in  Congress  assembled,  two  thirds  qf  both  Houses  concurring,  That,  in  lieu  of  the  third  para- 
graph of  the  first  section  of  the  second  article  of  the  constitution  of  the  United  States, 
the  following  be  proposed  as  an  amendment  to  the  constitution  of  the  United  States, 
which,  when  ratined  by  three  fourths  of  the  legislatures  of  the  severai  states,  shall  be 
▼alid  to  all  intents  and  purposes  as  part  of  the  said  constitution,  to  wit  :— 

The  electors  shall  meet  in  their  respective  States,  and  vote  by  ballot  for  President  and 
Vice  President,  one  of  whom,  at  least,  shall  not  be  an  inhabitant  of  the  same  State  with 
themselves  -,  they  shall  name  m  their  ballots  the  perron  voted  for  as  President,  and  in  dis- 
tinct ballots  the  person  voted  for  as  Vice  President ;  and  thev  shall  make  distinct  listo  of 
all  persons  voted  for  as  President  and  of  all  persons  voted  for  as  Vice  President,  and  of 
the  number  of  votes  for  each,  which  list  they  shall  sign  and  certify,  and  transmit  sealed 
to  the  seat  of  the  sovemment  of  the  United  States,  directed  to  the  President  of  the  Senate ; 
the  President  of  the  Senate  shall,  in  the  presence  of  the  Senate  and  House  of  Representa- 
tives, open  all  the  certificates,  and  the  votes  shall  then  be  counted  :  the  person  having  the 
greatest  number  of  votes  for  President  shall  be  the  President,  if  such  number  be  a  majori- 
ty of  the  whole  number  of  electors  appointed  j  and  if  no  person  have  such  majorit|r,  then 
from  the  persons  having  the  highest  numbers,  not  eiceeding  three,  on  the  list  or  those 
voted  for  as  President,  tiie  House  of  Representatives  shall  choose  immediately  by  ballot 
the  President.  But  in  choosing  the  President,  the  vote  shall  be  taken  by  States,  the  rep- 
resentation from  each  State  having  one  vote ;  a  quorum,  for  this  purpiose  shall  consist 
of  a  member  or  members  from  two  thirds  of  the  States,  and  a  minority  of  aU  the  States 
shall  be  necessary  to  a  choice.  And  if  the  House  of  Representatives  shall  not  choose  a 
President  whenever  the  right  of  choice  shall  devolve  upon  them,  before  the  fourth  day  of 
March  next  following,  then  the  Vice  President  shall  act  as  President,  as  in  the  case  of 
the  death  or  other  constitutional  disability  of  the  President 

The  person  having  the  sreatest  number  of  votes  as  Vice  President  shall  be  the  Vice 
President,  if  such  number  be  a  majority  of  the  whole  number  of  electors  appointed ;  and 
if  no  person  have  a  majority,  then  fiom  the  two  highest  numbers  on  the  list  the  Senate 
shall  choose  the  Vice  President :  a  quorum  for  the  purpose  shall  consist  of  two  thirds  of 
the  whole  number  of  Senators,  and  a  majority  of  the  whole  number  shall  be  necessaiy 
to  a  choice. 

Bat  no  person  eonstitationally  ineligible  to  the  oiBoe  of  Pneident  shall  be  eligible  to 
that  of  Vioe  President  of  the  United  l^ates. 


ACTS  OF  THE  EIGHTH  CONGRESS 


UNITED   STATES, 

Passed  ai  the  second  session,  which  was  begun  and  held  ai  the  City  of 
Washington,  in  the  District  of  Columbia,  on  Monday,  theffth  day  of 
November,  ISM,  and  ended  on  the  third  day  of  March,  1805. 

Thomas  Jeffkb80N»  President;  Aaron  Burr,  Vice  President  of  the 
United  States  and  President  of  the  Senate ;  Joseph  Anderson,  Pre- 
sident of  the  Senate  pro  tempore,  from  the  19th  to  the  Slst  January, 
and  from  the  1st  to  the  3d  of  March,  1805;  Nathaniel  Macon, 
Speaker  of  the  House  of  Representatives. 


STATUl'E  II. 

Chap.  1. — An  JUci  making  a  further  appropriation  for  carrying  into  ^eet  the 
treaty  tf  amity,  commerce  and  navigation,  between  hie  Britannie  Majeety  and 
the  Umted  StaU$  tf  Jmeriea, 

Be  ii  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assemblea.  That  a  sum  not  exceeding 
seventy  thousand  dollars,  b^,  and  the  same  hereby  is  appropriated,  to  be 
paid  under  the  direction  of  the  President  of  the  United  States  out  of  any 
monies  in  the  treasury,  not  otherwise  appropriated,  for  the  purpose  of 
carrying  into  effect  the  seventh  article  of  the  treaty  of  amity,  commerce 
and  navigation  between  his  Britannic  Majesty  and  the  United  States  of 
America. 

Approved,  November  24, 1804. 


Nov.  24, 1804. 


Appropriation 
for  carrying  into 
•ffect  the  M- 
▼enth  article  of 
the  treaty  be- 
tween England 
and  the  United 
SUtes. 


Statute  II. 


Chap.  11. — Jtn  Act  making  an  appropriation  to  aupply  a  d^idency  in  an  apprO'     Dec.  6, 1804. 


priation  for  the  eupport  tf  gooamment  during  the  preeent  year,  and  makir^  a 
partial  mpropriatton  for  tSe  tame  object  during  the 


hundreaandfioe. 


year  one  thoueand  eight 


Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  to  make  good  a  defi- 
ciency of  the  appropriation  for  the  contingent  expenses  of  both  houses 
of  Congress,  authorized  by  the  act  of  the  fourteenth  of  March  last,  the 
farther  sum  of  two  thousand  five  hundred  dollars  be,  and  the  same  hereby 
is  appropriated. 

Sec.  2.  And  be  it  further  enacted.  That  towards  defi-aying  the  expense 
of  firewood,  stationery  and  other  contingent  expenses  of  both  houses  of 
Congress,  during  the  year  one  thousand  eight  and  five,  the  sum  of  three 
thousand  dollars  be,  and  the  same  hereby  is  appropriated :  which  several 
sums  shall  be  paid  and  discharged  out  of  the  fund  of  six  hundred  thou- 
sand dollars  reserved  by  the  act  '*  making  provision  for  the  debt  of  the 
United  States." 

Appbovbd,  December  6, 1804. 

ao? 


Specific    ap. 
propriation. 


1790,  ch.  34. 


308 


EIGHTH  CONGRESS.    Sess.  H.  Ch.  3, 4.    1805. 


BrtATVTE  11. 

Jan.  2,  1S05. 

[Obsolete.] 
Certain  copiea 
of  the  laws  and 
jouraalsorCon- 
greM  to  be 
placed  in  the 
Library. 

Act  of  March 
27, 1804,  ch.  60. 

Secretary  of 
Senate    to    re- 
ceive three  hun- 
dred copiea  of 
the  laws  reserv- 
ed for  the  dis- 
posal of  Con- 
gress;   to  be 
placed  in  the 
Library  and  as- 
sorted with 
others  at  the 
end  of  the  last 
session  of  every 
Congress,  the 
laws  of  that 
Congress    re- 
ceived in  the 
Library  to  be 
boand  in  one 
▼olome. 

By  whom  the 
laws  and  jour- 
nals may  be 
taken  from  the 
Library. 

Expense  of 
binding  bow  de- 
frayed. 

The  President 
of  Senate    and 
Speaker  of  the 
House    of  Re- 
presentatives to 
make  regula- 
tions  concern- 
ing laws,    not 
repugnant  to 
this  act. 

Deficiency  of 
a  former  appro- 
priation for  the 
purchase  oflaws 
made  up. 


Statute  IL 

Jan.  6,  180.5. 

Part  of  a  for- 
mer act,  impos- 
ing restrictions 
on  the  exporta- 
tion of  goods 
from  New  Or- 
leans, repealed. 
Act  of  Feb.  24, 
1804,ch.l3,sec. 
6. 


Chap.  IlL— .^n  Jcifor  the  dUpotal  tf  certain  eopia  cf  the  Law$  cf  the  United 

8iaU$. 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembted,  That  three  hundred  copies 
of  the  laws  of  the  United  States,  which  have  been  procured  bj  the  Se- 
cretary of  State,  in  obedience  to  the  law  passed  for  that  purpose,  and  three 
hundred  copies  of  the  journals  of  Congress,  which  have  been  procured 
in  pursuance  of  the  resolution  of  the  second  of  March,  one  thousand  seven 
hundred  and  ninety-nine,  shall  be  placed  in  the  library  of  Congress. 

Sec.  2.  And  be  it  further  enacted,  That  the  secretary  of  the  Senate, 
for  the  time  being,  be,  and  he  is  hereby  authorized  to  receive  three  hundred 
copies  of  the  laws  of  the  United  States,  out  of  the  thousand  copies  re- 
served by  law  for  the  disposal  of  Congress,  as  soon  as  the  same  shall  be 
printed  after  each  session ;  which  he  shall  cause  to  be  placed  in  the 
library,  and  assorted  respectively  with  the  sets  of  copies  mentioned  in  the 
first  section  of  this  act ;  excepting  only,  that  at  the  dose  of  the  present 
session,  which  will  complete  the  eighth  Congress,  and  in  like  manner 
after  each  particular  session  in  future,  which  shall  complete  a  Congress, 
he  shall  cause  the  several  copies,  reserved  by  him  as  aforesaid,  for  all  the 
sessions  of  each  respective  Congress,  to  be  bound  in  one  volume,  making 
three  hundred  volumes  for  each  Congress,  as  aforesaid ;  which  he  shall 
cause  to  be  placed  in  the  library,  assorted  with  the  respective  sets  of 
copies  mentioned  in  the  first  section  of  this  act.  And  the  several  copies 
of  the  laws  and  journals  of  Congress,  mentioned  in  this  act,  shall  not  be 
taken  out  of  the  library,  except  by  the  President  and  Vice  President  of 
the  United  States,  and  members  of  the  Senate  and  House  of  Represent 
tatives  for  the  time  being.  And  the  expense  of  binding  shall  be  paid, 
from  time  to  time,  out  of  the  fund  appropriated  to  defray  the  contingent 
expenses  of  both  houses  of  Congress. 

Sec.  3.  And  be  it  further  enacted.  That  the  president  of  the  Senate 
and  speaker  of  the  House  of  Representatives,  for  the  time  being,  be, 
and  they  are  hereby  empowered  to  establish  such  regulations  and  restric- 
tions in  relation  to  the  copies  of  the  laws  and  journals  of  Congress, 
directed  by  this  act  to  be  placed  in  the  library,  as  to  them  shall  seem 
proper,  and  from  time  to  time,  to  alter  and  amend  the  same :  Provided, 
that  no  regulation  nor  restriction  shall  be  valid,  which  b  repugnant  to 
the  provisions  contained  in  this  act 

Sec.  4.  And  be  it  further  enacted,  That  to  make  up  the  deficiency 
of  the  appropriation  heretofore  made,  for  the  purchase  of  four  hundred 
copies  of  the  laws  of  the  United  States,  the  sum  of  eleven  hundred  and 
forty-four  dollars  be,  and  the  same  is  hereby  appropriated,  payable  out 
of  any  money  in  the  treasury,  not  otherwise  appropriated. 

Approved,  January  2,  1805. 


Chap.  IV.— ^n  Jet  concerning  drawbaeka  on  goods^  wares  and  merchandise. 

Be  it  enacted  by  the  Seriate  and  House  of  Rmresentatives  of  the  United 
/^ates  of  America  in  Congress  assembled,  That  so  much  of  the  sixth 
section  of  the  act,  intituled  "An  act  for  laying  and  collecting  duties  on 
imports  and  tonnage  within  the  territory  ceded  to  the  United  States  by 
the  treaty  of  the  Uiirtieth  of  April,  one  thousand  eight  hundred  and 
three,  between  the  United  States  and  the  French  Republic ;  and  for 
other  purposes,"  as  prohibits  the  allowance  of  drawbacks  of  duties  on 
goods,  wares  and  merchandise  exported  from  the  port  of  New  Orleans, 
other  than  those  imported  into  the  same  place  directly  from  a  foreign 
port  or  place,  shall  be,  and  the  same  is  hereby  repealed. 

Sec.  2.  And  be  it  further  enacted,  That  any  goods,  wares,  or  mer 


EIGHTH  CONGRESS.    Sess.  II.  Ca.  5.    1805. 


309 


ehindiBe^  which  shall  be  exported  from  the  United  States,  or  the  district 
of  Mississippi,  in  the  maimer  prescribed  by  law,  to  any  foreign  port  or 
place,  sitaated  to  the  westward  or  southward  of  Louisiana,  shall  be 
deemed  and  taken  to  be  entitled  to  such  drawback  of  duties  as  would 
be  allowable  thereon,  when  exported  to  any  other  foreign  port  or  place, 
any  thing  in  the  act,  intituled  "An  act  to  regulate  the  collection  of 
duties  on  imports  and  tonnage,"  to  the  contrary  notwithstanding. 

This  act  ^all  commence  and  be  in  force  from  and  after  the  first  day 
of  March  next 

Approved,  January  5, 1805. 


Chap.  Y^^An  Ad  to  divide  the  Indiana  Territory  into  two  $q)arate  govern' 

menU, 

Be  it  enacted  hp  the  Senate  and  House  of  Representatives  of  the  United 
Stales  of  America  in  Congress  assembled^  That  from  and  after  the  thir- 
tieth day  of  June  next,  ful  that  part  of  the  Indiana  territory,  which 
lies  north  of  a  line  drawn  east  from  the  southerly  bend  or  extreme  of 
Lake  Michigan,  until  it  shall  intersect  Lake  Erie,  and  east  of  a  line  drawn 
from  the  said  southerly  bend  through  the  middle  of  said  lake  to  its 
northern  extremity,  and  thence  due  north  to  the  northern  boundary  of 
the  United  States,  shall,  for  the  purpose  of  temporary  government,  con- 
stitute a  separate  territory,  and  be  called  Michigan. 

Sec.  2.  And  he  it  further  enacted^  That  there  shall  be  established 
within  the  said  territory,  a  government  in  all  respects  similar  to  that 

Srovided  by  the  ordinance  of  Congress,  passed  on  the  thirteenth  day  of 
uly,  one  thousand  seven  hundred  and  eighty-seven,  for  the  government 
df  the  territory  of  the  United  States,  northwest  of  the  river  Ohio ;  and 
by  an  act  passed  on  the  seventh  day  of  August,  one  thousand  seven  hun- 
dred and  eighty-nine,  entitled  **  An  act  to  provide  for  the  government 
of  the  territory  northwest  of  the  river  Ohio ;"  and  the  inhabitants  thereof 
shall  be  entitled  to,  and  enjoy  all  and  singular  the  rights,  privileges,  and 
advantages  granted  and  secured  to  the  people  of  the  territory  of  the 
United  States,  northwest  of  the  river  Ohio,  by  the  said  ordinance. 

Sec.  3.  And  he  it  further  enacted^  That  the  officers  for  the  said  ter- 
ritory, who  by  virtue  of  this  act  shall  be  appointed  by  the  President  of 
the  United  States,  by  and  with  the  advice  and  consent  of  the  Senate, 
shall  respectively  exercise  the  same  powers,  perform  the  same  duties, 
and  receive  for  their  services  the  same  compensations,  as  by  the  ordi- 
nance aforesaid  and  the  laws  of  the  United  States,  have  been  provided 
and  established  for  similar  officers  in  the  Indiana  territory;  and  the 
duties  and  emoluments  of  superintendent  of  Indian  affairs,  shall  be 
united  with  those  of  governor. 

Sec.  4.  And  he  it  further  enacted^  That  nothing  in  this  act  contained, 
shall  be  construed  so  as,  in  any  manner,  to  affect  the  ^vernment  now 
in  force  in  the  Indiana  territory,  further  than  to  prohibit  the  exercise 
thereof  within  the  said  territory  of  Michigan,  from  and  after  the  afore- 
said thirtieth  day  of  June  next. 

Sec.  5.  And  he  it  Jurther  enacted^  That  all  suits,  process,  and  pro- 
ceeding, which,  on  the  thirtieth  day  of  June  next,  shall  be  pending  in  the 
court  of  any  county,  which  shall  be  included  within  the  said  territory  of 
Michigan ;  and  also  all  suits,  process,  and  proceedings,  which  on  the  said 
thirtieth  day  of  June  next,  shall  be  pending  in  the  general  court  of  the 
Indiana  territory,  in  consequence  of  any  writ  of  removal,  or  order  for 
trial  at  bar,  and  which  had  been  removed  from  any  of  the  counties 
included  within  the  limits  of  the  territory  of  Michigan  aforesaid,  shall, 
in  all  things  concerning  the  same,  be  proceeded  on,  and  judgments  and 
decrees  rendered  thereon,  in  the  same  manner  as  if  the  said  Indiana 
territory  bad  remained  undivided. 


Goods  export- 
ed to  the  weft- 
ward  or  toath- 
ward  of  Louii- 
iana,  entiUed  to 
drawbacks. 

Act  of  March 
S,1799,ch.22. 

Commence- 
ment of  this  act. 


Statutb  II. 

Jan.  11,  1805. 

[Obsolete.] 
Territory   of 
Michigan  taken 
from  the  Indi- 
ana territory. 

Boundaries  of 
the  new  territo- 
tory  and  com- 
mencement of  a 
temporary  go- 
▼emment  for  it. 

Its  gOYcrn- 
nient. 


Vol.  1.61,  act 
of  August  7, 
1789,  ch.  8. 


Officers  to  ex- 
ercise the  same 
powers,  be  sub- 
ject to  the  same 
anties,and  to  re- 
ceive the  same 
compensations 
as  in  the  Indiana 
territory. 

Duties  of  su- 
perintendent of 
Indian  affairs 
vested  in  the 
gofernor. 

Government 
of  Indiana  not 
affected  by  this 
act,  except  in 
the  establish- 
ment of  that  of 
Michigan. 

Suits  or  legal 
proceedings 
pending  on  tho 
30th  June, 1806, 
in  the  district  of 
country,  or  aris- 
ing therein,  • 
which  forms  the 
territory  of 
Michigan,  to  be 
proceeded  in  to 
judgments,  as  if 
this  act  had  not 
passed. 


310 


EIGHTH  CONGRESS.    Sess.  H.  Cu.  6, 7, 9.     1805. 


Detroit  made 
the  Beat  of  go- 
vernaient. 

Statute  II. 
Jan.  11,  1805. 


Sec.  6.  And  be  it  further  enacted,  That  Detroit  shall  be  the  seal  of 
government  of  the  said  territory,  until  Congress  shall  otherwise  direct 
Approved,  January  11,  1805. 


Chap.  Vh^Jin  Jet  declaring  Cambridge^  in  the  state  rf  Mduaehueetts,  to  be  a 
port  of  SeUvery, 

Town  ofCam-       Be  it  enacted  by  the  Senate  and  House  of  Represetitatives  of  the  United 

diitrict  if  Bm!   States  of  America  in  Congress  assembled,  That  the  town  or  landins 

ton  made  a  port  place  of  Cambridge,  in  the  state  of  Massachusetts,  shall  be  a  port  of 

of  delivery.         delivery,  to  be  annexed  to  the  district  of  Boston  and  Charlestown,  and 

1799,  ch.  22.   shall  be  subject  to  the  same  regulations  as  other  ports  of  delivery  in  the 

United  States. 

Approved,  January  11,  1805. 


Statute  II. 


Jan.  19,  1805. 


Corporation 
of  Georgetown 
empowered  to 
levy  a  tax  on  the 
real  propertj 
within  its  juris- 
diction  for  erect- 
ing a  causewaj. 


Power  to  cease 
when  the  object 
is  effected. 


Statute  II. 
Jan.  25,  1805. 


Speci€o  ap- 
propriatione. 


Crap.  VIL^-i^  Act  authorizing  the  corporation  of  Georgetown  to  make  a  dam 
or  causeway  from  Masor^s  Wand  to  the  western  shore  cf  the  river  Potomac, 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  corporation  of  George- 
town have  power  to  levy  a  tax,  not  exceeding  one  per  cent,  per  annum, 
on  the  real  property  in  said  town,  and  its  additions  within  the  jurisdic- 
tion of  the  said  corporation,  for  the  purpose  of  defraying  the  expense  of 
erecting  a  dam  or  causeway  across  that  arm  of  the  river  Potomac  which 
passes  between  Mason's  island  and  the  western  shore  of  the  said  river : 
that  the  same  shall  not  be  erected  until  the  consent  of  the  proprietor  or 
proprietors  of  the  island  and  of  the  western  shore  of  the  river  opposite 
thereto,  shall  be  first  obtained.  The  power  hereby  granted  to  the  said 
corporation  of  levying  an  extra  tax,  to  cease  and  determine  when  the 
object  for  which  it  is  granted,  shall  be  completely  effected. 

Approved,  January  19,  1805. 


Chap.  IX.— ^j^n  Act  mahing  appropriations  far  the  support  of  the  Nany  tf  the 
United  States,  during  the  year  one  thousand  eight  hundred  and  five. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  for  defraying  the  ex- 
Iienses  of  the  navy  of  the  United  States,  during  the  year  one  thousand 
eight  hundred  and  five,  the  following  sums  be,  and  the  same  are  hereby 
respectively  appropriated,  that  is  to  say : 

For  the  pay  and  subsistence  of  the  officers,  and  the  pay  of  the  sea- 
men, four  hundred  and  fifteen  thousand  five  hundred  and  seventy-eight 
dollars. 

For  provisions,  two  hundred  and  twenty-seven  thousand  seven  hun- 
dred and  eighty-six  dollars,  and  forty  cents. 

For  medicine,  instruments,  hospital  stores,  and  all  expenses  on  account 
of  the  sick,  ten  thousand  seven  hundred  and  fifly  dollars. 

For  repairs  of  vessels,  store  rent,  and  other  contingent  expenses,  four 
hundred  and  eleven  thousand  nine  hundred  and  fifiy-one  dollars,  and 
two  cents. 

For  the  pay  and  subsistence  of  the  marine  corps,  including  provi- 
sions for  those  on  shore,  and  forage  for  the  staff,  eighty-two  thousand  five 
hundred  and  ninety-three  dollars,  and  sixty  cents. 

For  clothing  for  the  same,  sixteen  thousand  five  hundred  and  thirty- 
six  dollars  and  ninety-eight  cents. 

For  military  stores  for  the  same,  one  thousand  six  hundred  and  thirty- 
five  dollars. 

For  medicine,  medical  services,  hospital  stores,  and  all  expenses  on 


EIGHTH  CONGRESS.    Ssas.  H.  Ch.  10, 11.    1805. 


311 


aceoont  of  the  sick  belonging  to  the  marine  corps,  one  thousand  two 
hundred  and  fifty  doUars. 

For  quartermaster's  and  barrack  master's  stores,  officers'  travelling 
expenses,  armorer's  and  carpenters'  bills,  fuel,  premium  for  enlisting, 
music,  and  other  contingent  expenses,  eight  thousand  four  hundred  and 
nineteen  dollars. 

For  the  expense  of  navy  yards,  docks,  and  other  improvements,  the 
pay  of  superintendents,  storekeepers,  clerks  and  labourers,  sixty  thou- 
sand dollars. 

For  completing  the  marine  barracks  at  the  city  of  Washington,  three 
thousand  five  hundred  dollars. 

Sec.  2.  And  be  it  fwrther  enacted,  That  the  several  sums  herein 
specifically  appropriated,  and  amounting  altogether  to  the  sum  of  one 
million  two  hundred  and  forty  thousand  dollars,  shall  be  paid,  first,  out 
of  the  monies  accruing  at  the  end  of  the  year  one  thousand  eight  hundred 
and  five,  from  the  duties  laid  by  the  act  passed  on  the  twenty-fifth  day  of 
March,  one  thousand  eight  hundred  and  four,  intituled  "An  act  further  to 
protect  the  commerce  and  seamen  of  the  United  States  against  the  Bar- 
bary  powers,"  provided  that  the  sum  to  be  paid  from  the  proceeds  of  the 
said  duties  shall  not  exceed  five  hundred  and  ninety  thousand  dollars ; 
secondly,  out  of  any  balance  remaining  unexpended  of  former  appropria- 
tions for  the  support  of  the  navy,  and  lastly,  out  of  any  monies  in  the 
treasury,  not  otherwise  appropriated. 

Approved,  January  25,  1805. 


Specific   ap- 
propriatioiui. 


Act  of  March 
S6,1804,ch.46. 


Chap.  X. — Jn  Act  making  an  ampropriation  for  eompletiti^  (Ke  mmth  wing  tf 
the  Capitol^  at  the  City  qr  frashington^  and  for  otKer  pufpoaet. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  asscmblea,  That  a  sum  not  exceeding 
one  hundred  and  ten  thousand  dollars,  shall  be,  and  the  same  is  hereby 
ai^ropriated,  to  be  applied  under  the  direction  of  the  President  of  the 
United  States,  towards  completing  the  south  wing  of  the  Capitol,  at  the 
city  of  Washin|;ton. 

Sec.  2.  And  be  it  further  enacted,  That  a  sum  not  exceeding  twenty 
thousand  dollars,  shall  be,  and  the  same  is  hereby  appropriated,  to  be 
applied  under  the  direction  of  the  President  of  the  United  States,  to  such 
necessary  alterations  and  repairs,  as  he  may  deem  requisite,  in  the  north 
wing  of  the  Capitol,  and  other  public  buildings  at  the  city  of  Washing- 
ton ;  which  said  sums  shall  be  paid  out  of  any  monies  in  the  treasury, 
not  otherwise  appropriated. 

Approved,  January  25,  1805. 


Chap.  XI. — An  Jet  to  provide  for  completing  the  valuation  oflandi  and  dwell' 
ing'lunutM,  and  the  enumeration  tf  $lave»  in  South  Carolina^  and  for  other 
purpoaes. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  Secretary  of  the  Trea- 
sury be,  and  he  is  hereby  authorized  and  directed  to  employ  clerks,  for 
such  compensation  as  he  shall  judge  reasonable,  to  complete,  register, 
and  record,  under  the  direction  of  the  supervisor  of  the  district  of  South 
Carolina,  the  lists  and  abstracts  of  the  valuation  of  lands  and  dwelling- 
houses,  and  of  the  enumeration  of  slaves  within  the  state  of  South  Caro- 
lina ;  and  under  the  direction  of  the  supervisor  aforesaid,  to  add  to,  or 
to  deduct  fi'om  the  valuations  aforesaid,  of  each  individual,  such  a  rate 
per  centum  as  has  been  determined  by  the  commissioners  appointed  for 
the  said  state,  under  the  act,  intituled  '<An  act  to  provide  for  the  valua- 


Statute  II. 
Jan.  26, 1806. 


Appropriation 
for  completing 
the  aotttn  wing 
of  the  Capitol, 
to  be  applied 
under  the  direc- 
tion of  the  Pre- 
sident. 


Statute  II. 

Jan  30,  1806. 

Act  of  July  9, 
1798,  ch.  70. 
Act  of  Jan.  S, 
1800,  ch.  3. 

Secretary  of 
the  treaiary  to 
employ  clerks, 
upon  such 
terms  as  may  be 
reasonable,  for 
completing,  &c. 
the  abstracts  of 
the  Taluation  of 
lands,  &c.  &c. 
in  the  state  of 
South  Carolina, 
under  the  dircc- 


312 


EIGHTH  CONGRESS.    Sess.  H.  Ch.  11.    1805. 


tion  of  the  su- 
penrisor. 

The  clerks, 
under  the  direc. 
tion  of  the  ta- 
pervisor,  to 
make  the  proper 
additions  to  or 
deductions  from 
the  valuations. 

Lists  and  ab- 
stracts, when 
finished,  to  hare 
the  same  force 
and  effect  as  if 
thej  had  been 
completed,  &c. 
&c.  agreeably  to 
the  provisions 
of  the  acU 
quoted  in  this 
law. 

An  additional 
per  diem  allow- 
ance  to  the  su- 
pervisor. 

Proviso. 

Act  of  July 
14, 1798,  ch.  76. 

Supervisor  of 
S.  Carolina  to 
appoint  one  or 
more  surver- 
ors,  when  the 
assessment  of 
the  direct  tax 
therein  is  com- 
pleted. 

The  iurvey. 
ors  to  make  out 
the  lists  of  the 
sums  payable. 

The  lists  to 
have  the  effect 
oflisU  made  by 
distinct  survey, 
ors  of  revenue. 

Powers,  and 
duties;  compeO' 
sation. 


Supervisors, 
with  the  appro- 
bation of  the 
treasury  may 
unite  several 
assessment  dis- 
tricU    into  one 
district 


Settlement  of 
the  accounts  of 
the  commission- 
ers and  asses- 
sors. 


1798,  ch.  70. 

Allowance  to 
the  commission- 


tion  of  lands  and  dweUing-houses,  and  the  enumeration  of  slaves  within 
the  United  States,"  agreeably  to  the  provisions  of  the  said  act,  of  the  act 
intituled  "An  act,  supplementary  to  the  act,  intituled  An  act  to  provide 
for  the  valuation  of  lands  and  dwelling-houses,  and  the  enumeration  of 
slaves  within  the  United  States,"  and  of  the  act  intituled  <<An  act  to 
provide  for  equalizing  the  valuation  of  unseated  lands :"  which  lists  and 
abstracts,  thus  completed  in  conformity  with  the  revisions  and  equalizer 
tions  made  by  the  commissioners  aforesaid,  shall  have  the  same  force  and 
effect  as  if  they  had  been  completed,  registered,  and  recorded,  under  the 
direction  of  the  commissioners  aforesaid,  agreeably  to  the  provisions  of 
the  above-mentioned  acts.  The  supervisor  aforesaid,  shall  be  allowed, 
in  addition  to  his  annual  compensation,  at  the  rate  of  three  dollars  per 
diem,  for  each  and  every  day  employed  by  him,  in  completing  orsuper- 
intending  the  completion  of  the  lists  and  abstracts  aforesaid :  Provided^ 
that  the  whole  amount  of  the  said  additional  allowance  shall  not  exceed 
five  hundred  dollars,  and  the  said  allowance,  as  weU  as  the  compensation 
of  the  clerks  employed  by  virtue  of  this  section,  shall  be  paid  out  of  the 
monies  appropriated,  or  which  may  hereafter  be  appropriated  for  defrays 
ing  the  expenses  incident  to  the  valuation  of  houses  and  lands,  and  the 
enumeration  of  slaves  within  the  United  States. 

Sec.  2.  Atid  he  it  further  enacted.  That  the  supervisor  of  the  district 
of  South  Carolina  be,  and  he  b  hereby  authorized  and  directed,  as  soon 
as  the  assessment  of  the  direct  tax  to  be  levied  and  collected  in  the  state 
of  South  Carolina,  by  virtue  of  the  act,  intituled  "An  act  to  lay  and  col- 
lect a  direct  tax,  within  the  United  States,"  shall  have  been  completed, 
to  appoint  for  the  whole  of  the  said  state,  one  or  more  surveyors  of  the 
revenue ;  who  shall  be  authorized  to  make  out  the  lists  containing  t^^e 
sums  payable,  according  to  such  assessment,  for  every  dwelling-house, 
tract,  or  lot  of  land  and  slave  within  the  said  state;  which  lists  shall  have 
the  same  force  and  efiect,  as  if  they  had  been  made  for  each  assessment 
district,  by  a  distinct  surveyor  of  the  revenue :  the  surveyor  or  surveyors 
of  the  revenue,  thus  appointed  for  the  whole  state  of  South  Carolina, 
shall  likewise  perform  all  the  other  duties,  exercise  all  the  powers,  and 
receive  the  same  compensation,  which,  by  virtue  of  the  provisions  still  in 
force  in  any  former  act  or  acts,  were  directed  to  be  performed,  exercised, 
and  received  by  the  surveyors  of  the  revenue  for  the  several  assessment 
districts ;  and  so  much  of  any  act,  or  acts,  as  directed  the  appointment 
of  one  surveyor  of  the  revenue  for  each  assessment  district,  is,  so  far  as 
relates  to  the  state  of  South  Carolina,  hereby  repealed. 

Sec.  3.  Atid  he  it  further  enacted.  That  the  several  supervisors,  or 
ofiicers  acting  as  supervisors,  may,  with  the  approbation  of  the  Secretary 
of  the  Treasury,  unite,  whenever  such  pleasure  shall  be  thought  expedi- 
ent for  the  better  collection  of  the  direct  tax,  two  or  more  assessment  dis- 
tricts into  one  district,  and  appoint  only  one  collector  of  the  said  tax  for 
the  assessment  districts,  thus  united ;  any  thing  in  any  former  act  or  acts 
to  the  contrary  notwithstanding. 

Sec.  4.  And  he  it  further  enacted.  That  the  accounting  officers  of 
the  treasury  be,  and  they  are  hereby  authorized  to  settle  the  accounts  of 
any  of  the  commissioners  or  assessors  employed  in  making  the  valua- 
tions, and  enumerations  above  mentioned  in  the  state  of  South  Carolina, 
although  the  same  may  not  have  been  presented  to,  and  certified  by  the 
commissioners  aforesaid,  in  conformity  with  the  provisions  of  the  act, 
intituled  "An  act  to  provide  for  the  valuation  of  lands  and  dwelling- 
houses,  and  the  enumeration  of  slaves  within  the  United  States." 

Sec.  5.  And  he  it  further  enacted.  That  any  of  the  commissioners 
aforesaid,  who  shall,  on  the  request  of  the  Secretary  of  the  Treasury, 
attend  for  the  purpose  of  assisting  the  supervisor  of  the  district  of  South 
Carolina,  in  completing  the  lists  and  abstracts  of  the  valuations,  and 
enumerations  in  the  manner  provided  by  the  first  section  of  this  act. 


EIGHTH  CONGRESS.    Sess.  H.  Ca.  14.    1605. 


313 


shall  be  allowed  the  same  rate  of  compensation,  as  is  provided  by  law 
for  attending  a  meeting  of  the  board  of  commissioners. 

Sec.  6.  And  be  it  further  enacted^  That  a  sum  not  exceeding  thirteen 
thousand  five  hundred  and  ninety-three  dollars,  and  twenty-three  cents,  to 
be  paid  out  of  any  monies  in  the  treasury,  not  otherwise  appropriated, 
be,  and  the  same  is  hereby  appropriated,  for  defraying  the  furdier  ex- 
penses incident  to  the  valuation  of  houses  and  lands,  and  the  enumera- 
tion of  slaves  within  the  United  States. 

Approved,  January  30,  1805. 


Appropriation. 


Chap.  XIV.— gfn  Jet  taneemitigthe  mode  rf  eurveying  the  PubHe  Lande  cf  the 

United  StaU».{a) 

Be  U  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled^  That  the  surveyor-general 
shall  cause  all  those  lands  north  of  the  river  Ohio,  which,  by  virtue  of 
the  act,  intituled  "An  act  providing  for  the  sale  of  the  lands  of  the 
United  States,  in  the  territory  northwest  of  the  river  Ohio,  and  above 
the  mouth  of  the  Kentucky  river,"  were  subdivided,  by  running  through 
the  townships,  parallel  lines  each  way,  at  the  end  of  every  two  miles,  and 
by  marking  a  corner  on  each  of  the  said  lines,  at  the  end  of  every  mile ; 
to  be  subdivided  into  sections,  by  running  straight  lines  from  the  mile 
corners  thus  marked,  to  the  opposite  corresponding  corners,  and  by 
marking  on  each  of  the  said  lines,  intermediate  corners  as  nearly  as 
possible  equidistant  from  the  corners  of  the  sections  on  the  same.  And 
the  said  surveyor-general  shall  also  cause  the  boundaries  of  all  the  half 
sections,  which  had  been  purchased  previous  to  the  first  day  of  July  last, 
and  on  which  the  surveying  fees  had  been  paid,  according  to  law,  by  the 
purchaser,  to  be  surveyed  and  marked,  by  running  straight  lines  from 
the  half-mile  corners,  heretofore  marked,  to  the  opposite  corresponding 
corners;  and  intermediate  corners  shall,  at  the  same  time,  be  marked 
on  each  of  the  said  dividing  lines,  as  nearly  as  possible  equidistant  from 
the  corners  of  the  half  section  on  the  same  line :  Provided^  that  the 
whole  expense  of  surveying  and  marking  the  lines,  shall  not  exceed  three 
dollars  for  every  mile  which  has  not  yet  been  surveyed,  and  which  shall 
be  actually  run,  surveyed,  and  marked  by  virtue  of  this  section.  And 
the  expense  of  making  the  subdivisions,  directed  by  this  section,  shall 
be  defrayed  out  of  the  monies  appropriated,  or  which  may  be  hereafter 
appropriated,  for  completing  the  surveys  of  the  public  lands  of  the  United 
States. 

Sec.  2.  And  be  it  further  enacted^  That  the  boundaries  and  contents 
of  the  several  sections,  half  sections,  and  quarter  sections  of  the  public 
lands  of  the  United  States,  shall  be  ascertained  in  conformity  with  the 
following  principles,  any  act  or  acts  to  the  contrary  notwithstanding : 

Ist.  All  the  comers  marked  in  the  surveys,  returned  by  the  surveyor- 
general,  or  by  the  surveyor  of  the  land  south  of  the  state  of  Tennessee, 
respectively,  shall  be  established  as  the  proper  corners  of  sections,  or 
subdivisions  of  sections,  which  they  were  intended  to  designate ;  and 
the  comers  of  half  and  quarter  sections,  not  marked  on  the  said  surveys, 
shall  be  placed  as  nearly  as  possible  equidistant  from  those  two  corners 
which  stand  on  the  same  line. 

2d.  The  boundary  lines,  actually  run  and  marked  in  the  surveys 
returned  by  the  surveyor-general,  or  by  the  surveyor  of  the  land  south 
of  the  state  of  Tennessee,  respectively,  shall  be  established  as  the  proper 
boundary  lines  of  the  sections,  or  subdivisions,  for  which  they  were 
intended,  and  the  length  of  such  lines,  as  returned  by  either  of  the  sur- 
veyors aforesaid,  shall  be  held  and  considered  as  the  true  length  thereof. 


Statutb  II. 

Feb.  11, 1805. 

ActofMay  18, 
1796,  ch.  29. 

Mode  of  Biir- 
vejing  public 
lands  north  of 
the  Ohio. 


Comen  to  be 
marked. 


Hair  sections 
purchased     be- 
fore  July  1, 
1804,  to  be  sur- 
veyed and 
marked. 


Whole  ex- 
pense of  sur. 
vey  not  to 
exceed  three 
dollars  per  mile. 

How  the  ex. 
pense  of  making 
the  surveys  is 
to  be  paid.' 

Principles  up- 
on which  the 
boundaries  and 
contents  of  the 
public  lands  am 
to  be  ascertain- 
ed. 


Boundary  lines 
run  and  marked 
by  the  surreyor 
south  of  the 
Tennessee  river 
to  be  the  proper 
boundaries  of 
sections. 


Vol.  n.— 40 


(a)  See  notes  to  the  act  of  May  18, 1796,  chap.  S9,  vol.  i. 

2T) 


466. 


314 


EIGHTH  CONGRESS.    Sess.  II.  Ch.  15.    1805. 


Boundary  linef 
not  actually  ran 
to  be  ascertain- 
ed. 


Surveys  to  be 
returned. 


Part  or  a  for- 
raer  act  repeal- 
ed. 

Act  of  March 
26,1S04,ch.36. 


Statute  II. 
Feb.  14, 1806. 


Cargoes  of 
Spanish  vessels, 
arriving  in  dis- 
tress in  the  U. 
States,  ma^  be 
reshipped   in 
other  vessels 
without    any 
chai|(es,  &c. 

Act  of  March 
2, 1799,  ch.  22. 
sec.  6C,  vol.  i. 
e72. 


Collector  of 
Norfolk  to  re- 
fund certain  da- 
ties  on  ffoods  re- 
shipped  which 
were  landed 
from  the  Spanish 
brig  Naocy. 

Proviso. 


And  the  boundary  lines,  which  shall  not  have  been  actually  run,  and 
marked  as  aforesaid,  shall  be  ascertained,  by  running  straight  lines  from 
the  established  corners  to  the  opposite  corresponding  corners ;  but  in 
those  portions  of  the  fractional  townships,  where  no  such  opposite  cor- 
responding corners  have  been  or  can  be  fixed,  the  said  boundary  lines 
shall  be  ascertained,  by  running  from  the  established  corners,  due  north 
and  south,  or  east  and  west  lines,  as  the  case  may  be,  to  the  water-course, 
Indian  boundary  line,  or  other  external  boundary  of  such  fi-actional 
township. 

Sd.  Each  section,  or  subdivision  of  section,  the  contents  whereof  shall 
have  been,  or  by  virtue  of  the  first  section  of  this  act,  shall  be  returned 
by  the  surveyor-general,  or  by  the  surveyor  of  the  public  lands  south  of 
the  state  of  Tennessee,  respectively,  shall  be  held  and  considered  as 
containing  the  exact  quantity,  expressed  in  such  return  or  returns :  and 
the  half  sections  and  quarter  sections,  the  contents  whereof  shall  not 
have  been  thus  returned,  shaU  be  held  and  considered  as  containing  the 
one  half,  or  the  one  fourth  part  respectively,  of  the  returned  contents  of 
the  section  of  which  they  make  part 

Sec.  3.  And  be  it  jvrther  enacted.  That  so  much  of  the  act  entituled 
"  An  act  making  provision  for  the  disposal  of  the  lands  in  the  Indiana 
territory,  and  for  other  purposes,"  as  provides  the  mode  of  ascertaining 
the  true  contents  of  sections  or  subdivisions  of  sections,  and  prevents 
the  issue  of  final  certificates,  unless  the  said  contents  shall  have  been 
ascertained,  and  a  plot  certified  by  the  district  surveyor,  lodged  with  the 
register,  be,  and  the  same  is  hereby  repealed. 

Approyed,  February  11,  1805. 


Chap.  XV. — An  Act  far  carrying  into  more  complete  tffed  iht  tenth  article  of  ike 
treaty  of  friendehip,  limits  and  navigation  with  Spain, 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  whenever  any  Spanish 
vessel  snail  arrive  in  distress,  in  any  port  of  the  United  States,  having 
been  damaged  on  the  coasts,  or  within  the  limits  of  the  United  States, 
and  her  cargo  shall  have  been  unladen,  in  conformity  with  the  provisions 
of  the  sixtieth  section  of  the  act,  intituled  "  An  act  to  regulate  the  col- 
lection of  duties  on  imports  and  tonnage,"  the  said  cargo,  or  any  part 
thereof,  may,  if  the  said  ship  or  vessel  should  be  condemned,  as  not  sea 
worthy,  or  be  deemed  incapable  of  performing  her  original  voyage, 
afterwards  be  re-laden  on  board  any  other  vessel  or  vessels,  under  the 
inspection  of  the  oflicer  who  superintended  the  landing  thereof,  or  other 
proper  person.  And  no  duties,  charges,  or  fees  whatever,  shall  be  paid 
on  such  part  of  the  cargo,  as  may  be  re-Iaded  and  carried  away,  either 
in  the  vessel  in  which  it  was  originally  imported,  or  in  any  other  what- 
ever. 

Sec.  2.  And  be  it  further  enacted.  That  the  collector  of  the  district 
of  Norfolk,  in  Virginia,  shall  be,  and  he  hereby  is  authorized  and 
required  to  refund  to  the  owners  or  agents  of  the  Spanish  brigantine 
Nancy,  (which  vessel  arrived  in  distress  at  that  port,  in  the  year  one 
thousand  eight  hundred  and  four)  the  amount  of  the  duties  secured  by 
him  on  such  part  of  her  cargo  as  was  re-exported  :  Provided,  that  the 
debenture  or  debentures  issued  by  the  said  collector  for  the  drawback 
of  the  duties  on  the  exportation  of  the  said  cargo,  shall  be  duly  surren- 
dered to  him,  and  cancelled. 

Approved,  February  14,  1805. 


EIGHTH  CONGRESS.  Sess.  11.  Cii.  16,  17,  18.     1835. 


315 


Statute  II. 
Feb.  14, 1805. 

[ExfTired.] 

Postmaster- 
General  author- 
ized  to  make  a 
new  contract  for 
carrying  the 
mail  between 
Fayetteville  and 
Charleston. 

ProTiso. 


CuA.p,  XVI. — jSn  Jkt  authorizing  the  Poatmiuter' General  to  make  a  new  contract 
for  carrying  tJu  mail  from  Faydtemlle^  in  North  Carolina^  to  Charluton^  in 
South  Qtrouna, 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  Postmaster-General 
shall  be,  and  hereby  is  authorized  to  make  a  new  contract  for  carrying 
the  mail  in  a  line  of  stages  between  the  town  of  Fayetteville,  in  the  state 
of  North  Carolina,  and  the  city  of  Charleston,  in  the  state  of  South 
Carolina,  upon  such  terms  and  conditions  as  he  may  deem  most  condu- 
cive to  the  interest  of  the  United  States :  Provided,  that  he  does  not 
exceed  the  sum  of  four  thousand  two  hundred  dollars,  annually,  beyond 
the  amount  of  the  present  contract ;  and  that  no  contract  made  in  virtue 
of  this  act  shall  extend  beyond  the  time  to  which  the  present  contract 
extends. 

Approved,  February  14,  1805. 

Statute  II. 

Chap.  XVII. — ^n  Jet  making  appropriatiom  for  the  support  tf  the  Military     Feb.  14,  1805. 

eatabHehment  ofthe  United  States,  for  the  year  one  thoueand  eight  hundred  and 
fi^*  [Obsolete.] 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  ofthe  United  Specific  ap- 
States  of  America  in  Congress  assembled.  That  for  defraying  the  expense  P'opnatioM. 
of  the  military  establishment  of  the  United  States,  for  the  year  one 
thousand  eight  hundred  and  five ;  for  the  Indian  department ;  and  for 
the  expense  of  fortifications,  arsenals,  magazines,  and  armories,  the  fol- 
lowing sums  be,  and  the  same  hereby  are  respectively  appropriated,  that 
is  to  say : — 

For  the  pay  of  the  army  of  the  United  States,  three  hundred  and  two 
thousand  seven  hundred  and  ninety-six  dollars. 

For  forage,  four  thousand  four  hundred  and  eighty-eight  dollars. 

For  the  subsistence  of  the  officers  of  the  army  and  corps  of  engineers, 
thirty-one  thousand  three  hundred  and  twenty-nine  dollars,  and  four- 
teen cents. 

For  the  subsistence  of  non-commissioned  officers,  musicians,  and  pri- 
vates, one  hundred  and  seventy-nine  thousand  and  nine  dollars,  and 
sixty-nine  cents. 

For  clothing,  eighty-five  thousand  dollars. 

For  bounties  and  premiums,  fifteen  thousand  dollars. 

For  the  medical  and  hospital  department,  twelve  thousand  dollars. 

For  camp  equipage,  fuel,  tools,  expense  of  transportation,  and  other 
contingent  expenses  of  the  war  department,  eighty-one  thousand  dollars. 

For  fortifications,  arsenals,  magazines  and  armories,  one  hundred  and 
thirty-three  thousand  two  hundred  and  ninety-six  dollars,  and  eighty- 
eight  cents. 

For  purchasing  maps,  plans,  books,  and  instruments  for  the  war 
department,  and  military  academy,  five  hundred  dollars. 

For  the  pay  and  subsistence  of  the  commandants  in  Louisiana,  five 
thousand  nine  hundred  and  seventy-one  dollars,  and  seventy-seven  cents. 

For  the  Indian  department,  ninety-two  thousand  six  hundred  dollars. 

Sec.  2.  And  be  it  further  enacted.  That  the  several  appropriations 
herein  before  made,  shall  be  paid  and  discharged  out  of  any  monies  in 
the  treasury,  not  otherwise  appropriated. 

Approved,  February  14,  1805. 


Statute  II. 

Chap.  XVIII.— ^^n  Jet  aupplemeniary  to  the  act  intituled  **Jn  act  to  regulate  the  Feb.  23, 1805. 

collection  of  duties  on  imports  and  tonnage*'''*  "" 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United  s,  1799,  cK.  23. 
States  of  America  in  Congress  assembled,  That  the  same  terms  of  credit, 


316 


EIGHTH  CONGRESS.    Sess.  H.  Ch.  19,  20,  21.     1805. 


The  same 
terms  of  credit 
for  the  payment 
of  duties  on 
goods  imported 
by  sea  from  fo- 
feign  places, 
north  of  the 
equator,  and  on 
the  eastern 
shores  of  Amer- 
ica, as  are  al- 
lowed on  West 
India  articles. 

Vessels  may 
proceed  with 
their  foreign 
cargoes  to  fo- 
reign ports,  or 
places,  free  of 
duties. 

Proviso. 

1799,  ch.  22. 


Statute  II. 
March  1,1805. 

[Elxpired.] 
Act  of  Fch. 
27,  1801,  ch.  12. 
Assent  ofCon- 
gress  given  to  a 
law  of  Mary- 
land, enabling 
the  state  to  col- 
lect a  duty  on 
vessels  coming 
from  a  foreign 
voyage. 


Limitation  of 
the  operation  of 
this  act. 


Statuti  II. 


March  1,  1805. 


which  are  granted  by  law,  for  the  payment  of  duties  on  articles  the  pro* 
duce  of  the  West  Indies,  and  no  other,  shall  be  allowed  on  goods,  wares 
and  merchandise  imported  by  sea  into  the  United  States  from  all  foreign 
ports  and  islands  lying  north  of  the  Equator,  and  situated  on  the  eastern 
shores  of  America,  or  in  its  adjacent  seas,  bays  and  gulfs. 

Sec.  2.  And  be  it  further  enacted,  That  it  shall  be  lawful  for  any 
ship  or  vessel  to  proceed  with  any  goods,  wares  or  merchandise,  brought 
in  her,  and  which  shall  in  the  manifest  delivered  to  the  collector  of  the 
customs,  be  reported  as  destined  or  intended  for  any  foreign  port  or 
place,  from  the  district  within  which  such  ship  or  vessel  shall  first  arrive, 
to  such  foreign  port  or  place,  without  paying  or  securing  the  payment  of 
any  duties  upon  such  goods,  wares  or  merchandise,  as  shall  be  actually 
re-exported  in  the  said  ship  or  vessel:  Provided,  that  such  manifest  so 
declaring  to  re-export  such  goods,  wares,  or  merchandise,  shall  be  deli- 
vered to  such  collector,  within  forty-eight  hours  afler  the  arrival  of  such 
ship  or  vessel.  And,  Provided  also,  that  the  master  or  commander  of 
such  ship  or  vessel  shall  give  bond  as  required  by  the  thirty-second  sec- 
tion of  the  act,  intituled  **  An  act  to  regulate  the  collection  of  duties  on 
imports  and  tonnage." 

Approved,  February  22, 1805. 


Chap.  XIX. — Jn  jSd  to  continue  in  force  ^^An  act  declaring  the  consent  of  Con- 
greaa  to  an  act  of  the  ttate  of  Maryland,  passed  the  twenty-eighth  day  (f  Decent 
ber,  one  thousand  seven  hundred  and  ninety-three,  for  the  appointment  (f  a 
health  officer.'' 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assetnbled.  That  the  consent  of  Congress 
be,  and  is  hereby  granted  and  declared  to  the  operation  of  an  pet  of  the 
general  assembly  of  Maryland,  passed  the  twenty-eighth  day  of  Decem- 
ber, one  thousand  seven  hundred  and  ninety-three,  intituled  "An  act  to 
appoint  a  health  officer  for  the  port  of  Baltimore,  in  Baltimore  county,'' 
so  far  as  to  enable  the  state  aforesaid  to  collect  a  duty  of  one  cent  per 
ton  on  all  vessels  coming  into  the  district  of  Baltimore,  from  a  foreign 
voyage,  for  the  purposes  in  said  act  intended. 

Sec.  2.  And  be  it  further  enacted.  That  this  act  shall  be  in  force  for 
nine  years  from  the  passing  thereof,  and  from  thence  to  the  end  of  the 
next  session  of  Congress  thereafter,  and  no  longer. 

Approved,  March  1,  1805. 


Act  of  March 
3,  1804,  ch.20. 

Further  time 
given  to  the  su- 
pervisor of  Ken- 
tucky for  the 
performance  of 
certain  duties. 


CBA.P.  XX. — Jn  Act  to  amend  the  act  intituled  ".^n  act  further  to  amend  the  act 
intituled.  An  act  to  lay  and  collect  a  direct  tax  within  the  United  States.'' 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  the  supervisor  of  the 
district  of  Kentucky,  is  hereby  allowed  the  further  time  of  three  months, 
from  the  end  of  two  years  afler  the  completion  of  the  sales  of  lands  with- 
in his  district,  for  the  payment  of  the  direct  tax,  to  perform  the  several 
duties  enjoined  by  the  fouitii  section  of  the  act,  intituled  "An  act  further 
to  amend  the  act,  intituled  An  act  to  lay  and  collect  a  direct  tax  within 
the  United  States,"  any  thing  in  the  said  act  to  the  contrary  notwith- 
standing. 

Approved,  March  1,  1805. 


Statute  II. 
March  1,  1806. 

[Obsolete.] 
Specific    ap- 
pro'>riatioui. 


Chap.  XXI. — An  Act  making  appropriations  for  the  support  of  Government,  for 
the  year  one  thousand  eight  hundred  and  five. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  for  the  expenditure  of 


EIGHTH  CONGRESS.     Sess.  H.  Ch.  21.     1805.  317 

the  civil  list  in  the  present  year,  including  the  contingent  expenses  of  Specific  ap. 
the  several  departments  and  officers;  for  the  compensation  of  the  several  propnationa. 
loan  officers  and  their  clerks,  and  for  books  and  stationery  for  the  same; 
for  the  payment  of  annuities  and  grants ;  for  the  support  of  the  mint 
establishment;  for  the  expenses  of  intercourse  with  foreign  nations;  for 
the  support  of  lighthouses,  beacons,  buoys  and  public  piers;  for  defray- 
ing the  expenses  of  surveying  the  public  lands  in  the  territories  of  Indiana 
and  Mississippi;  for  the  unexpended  balances  of  former  appropriations, 
defraying  the  expenses  of  the  second  census,  and  the  purchase  and  erec- 
tion of  wharves  and  stores  under  the  quarantine  law ;  and  for  satisfying 
certain  miscellaneous  claims,  the  following  sums  be,  and  the  same  here- 
by are  respectively  appropriated ;  that  is  to  say : 

For  compensations  granted  by  law  to  the  members  of  the  Senate  and 
House  of  Representatives,  their  officers  and  attendants,  estimated  for  a 
session  of  four  months  and  a  half  continuance,  one  hundred  and  ninety- 
eight  thousand  nine  hundred  and  sixty-five  dollars. 

For  the  expense  of  firewood,  stationery,  printing,  and  all  other  con- 
tingent expenses  of  the  two  houses  of  Congress,  including  the  sum  of 
three  thousand  dollars  appropriated  by  the  act  of  the  sixth  of  December, 
one  thousand  eight  hundred  and  four,  twenty-eight  thousand  dollars. 

For  defraying  the  expenses  incidental  to  the  dismantling  the  late 
library  room  of  Congress,  and  fitting  it  up  for  the  accommodation  of  the 
House  of  Representatives,  at  the  ensuing  session,  seven  hundred 
dollars. 

For  expenses  of  removal  of  the  library,  all  other  contingent  expenses 
of  the  same,  and  librarian's  allowance  for  the  year  one  thousand  eight 
hundred  and  five,  nine  hundred  dollars. 

For  the  expense  of  labelling,  lettering  and  numbering  five  thousand 
seven  hundred  volumes  of  laws  and  journals  of  the  old  Congress, 
directed  by  the  act  of  the  present  session  for  the  disposal  of  certain 
copies  of  the  laws  of  the  United  States,  to  be  deposited  in  the  library, 
five  hundred  and  seventy  dollars. 

For  compensation  to  the  President  and  Vice  President  of  the  United 
States,  thirty  thousand  dollars. 

For  compensation  to  the  Secretary  of  State,  clerks  and  persons  em- 
ployed in  that  department,  eleven  thousand  three  hundred  and  sixty 
dollars. 

For  the  incidental  and  contingent  expenses  in  the  said  department, 
four  thousand  two  hundred  dollars. 

For  printing  and  distributing  copies  of  the  laws  of  the  second  session 
of  the  eighth  Congress,  and  printing  the  laws  in  newspapers,  eight  thou- 
sand two  hundred  and  fifly  dollars. 

For  printing  the  laws,  and  other  contingent  expenses  of  the  govern-     1804^  ^y^  33 
ment  of  the  Indiana  territory,  in  consequence  of  the  union  with  it  of 
that  of  the  territory  of  Louisiana,  three  hundred  and  fifly  dollars. 

For  special  messengers  charged  with  despatches,  two  thousand  dollars. 

For  compensation  to  the  Secretary  of  the  Treasury,  clerks  and  per- 
sons  employed  in  his  office,  including  those  engaged  on  the  business 
belonging  to  the  late  office  of  the  commissioner  of  the  revenue,  thirteen 
thousand  four  hundred  and  forty-nine  dollars  and  eighty-one  cents. 

For  expenses  of  translating  foreign  languages,  allowance  to  the  person 
employed  in  receiving  and  transmitting  passports  and  sea  letters,  station- 
ery and  printing,  one  thousand  dollars. 

For  compensation  to  the  comptroller  of  the  treasury,  clerks  and  per- 
sons employed  in  his  office,  twelve  thousand  nine  hundred  and  seventy- 
seven  dollars  and  eight  cents. 

For  expense  of  stationery,  printing,  and  incidental  and  contingent 
expenses  in  the  comptroller's  office,  eight  hundred  dollars. 

For  compensation  to  the  auditor  of  the  treasury,  clerks  and  persons 

2d2 


318  EIGHTH  CONGRESS.    Skss.  H.  Ch.  21.     1805. 

specific  ap.  employed  in  his  office,  twelve  thousand  two  hundred  and  twenty  dollars 
propriationi.       and  ninety-three  cents. 

For  expense  of  stationery,  printing,  and  incidental  and  contingent 
expenses  in  the  office  of  the  auditor  of  the  treasury,  five  hundred  dollars. 

For  compensation  to  the  treasurer,  clerks  and  persons  employed  in 
his  office,  six  thousand  two  hundred  and  twenty-seven  dollars  and  forty- 
five  cents. 

For  the  expense  of  stationery,  printing,  and  incidental  and  contingent 
expenses  in  the  treasurer's  office,  three  hundred  dollars. 

For  compensation  to  the  register  of  the  treasury,  clerks  and  persons 
employed  in  his  office,  sixteen  thousand  and  fifly-two  dollars. 

For  expense  of  stationery  and  printing  in  the  register's  office,  (in- 
cluding books  for  the  public  stock  and  for  the  arrangement  of  the  marine 
papers,)  two  thousand  eight  hundred  dollars. 

For  compensation  to  the  secretary  of  the  commissioners  of  the  sink- 
ing fund,  two  hundred  and  fifly  dollars. 

For  compensation  of  the  clerks  employed  for  the  purpose  of  making 
drafts  of  the  several  surveys  of  land  in  the  territory  of  the  United  States 
northwest  of  the  river  Ohio,  and  in  keeping  the  books  of  the  treasury 
in  relation  to  the  sales  of  lands  at  the  several  land-offices,  two  thousand 
six  hundred  dollars. 

For  fuel  and  other  contingent  expenses  of  the  treasury  department, 
four  thousand  dollars. 

For  defraying  the  expenses  incident  to  the  stating  and  printing  the 
public  accounts  for  the  year  one  thousand  eight  hundred  and  five,  one 
thousand  two  hundred  dollars. 

For  purchasing  books,  maps  and  charts,  for  the  use  of  the  treasury 
department,  four  hundred  dollars. 

For  compensation  to  a  superintendent  employed  to  secure  the  build- 
ings and  records  of  the  treasury,  during  the  year  one  thousand  eight 
hundred  and  five,  including  the  expense  of  two  watchmen,  and  for  the 
repair  of  two  fire  engines,  buckets,  lanterns,  and  other  incidental 
expenses,  one  thousand  one  hundred  dollars. 

For  the  erection  of  a  fireproof  brick  building  for  the  preservation  of 
the  records  of  the  treasury ;  the  cellars  in  which  they  have  hitherto  been 
kept,  being  found  from  their  dampness  improper  for  that  use,  nine 
thousand  dollars. 

For  compensation  to  the  Secretary  of  War,  clerks  and  persons  em- 
ployed in  his  office,  eleven  thousand  two  hundred  and  fifly  dollars. 

For  the  expenses  of  fuel,  stationery,  printing,  and  other  contingent 
expenses  of  the  office  of  the  Secretary  of  War,  one  thousand  dollars. 

For  compensation  to  the  accountant  of  the  war  department,  clerks 
and  persons  employed  in  his  office,  ten  thousand  nine  hundred  and  ten 
dollars. 

For  contingent  expenses  in  the  office  of  the  accountant  of  the  war 
department,  one  thousand  dollars. 

For  compensation  to  clerks  employed  in  the  paymaster's  office,  one 
thousand  eight  hundred  dollars. 

For  fuel  in  the  said  office,  ninety  dollars. 

For  compensation  to  the  purveyor  of  public  supplies,  clerks  and  per- 
1799,  ch.  40.  sons  employed  in  his  office,  including  a  sum  of  twelve  hundred  dollars, 
for  compensation  to  his  clerks  in  addition  to  the  sum  allowed  by  the  act 
of  the  second  day  of  March,  one  thousand  seven  hundred  and  ninety- 
nine,  and  for  expense  of  stationery,  store  rent  and  fuel  for  the  said  office, 
four  thousand  six  hundred  dollars. 

For  compensation  to  the  Secretary  of  the  Navy,  clerks  and  persons 
employed  in  his  office,  nine  thousand  one  hundred  and  ten  dollars. 

For  expense  of  fuel,  stationery,  printing,  and  other  contingent  ex- 
penses in  the  office  of  the  Secretary  of  the  Navy,  two  thousand  dollars. 


EIGHTH  CONGRESS.    Sebs.  II.  Ch.  21.     1805.  319 

For  compensation  to  the  accountant  of  the  navy,  clerks  and  persons        Specific  ap. 
employed  in  his  office,  including  the  sum  of  one  thousand  one  hundred   propriationt. 
dollars,  for  compensation  to  his  clerks,  in  addition  to  the  sum  allowed  by       1799,  ch.  40. 
the  act  of  the  second  of  March,  one  thousand  seven  hundred  and  ninety- 
nine,  ten  thousand  four  hundred  and  ten  dollars. 

For  contingent  expenses  in  the  office  of  the  accountant  of  the  navy, 
seven  hundred  and  fifty  dollars. 

For  compensation  to  the  Postmaster-General,  assistant  postmaster- 
general,  clerks  and  persons  employed  in  the  Postmaster-General's  office, 
including  a  sum  of  four  thousand  five  hundred  and  ninety-five  dollars,  1799,  ch.  40. 
for  compensation  to  his  clerks,  in  addition  to  the  sum  allowed  by  the 
act  of  the  second  of  March,  one  thousand  seven  hundred  and  ninety- 
nine,  thirteen  thousand  nine  hundred  and  fifly-five  dollars. 

For  expense  of  fuel,  candles,  house  rent  for  the  messenger,  stationery, 
chests,  Slc.  exclusive  of  expenses  of  prosecution,  portmanteaus,  mail 
locks,  and  other  expenses  incident  to  the  department,  these  being  paid 
for  by  the  Postmaster-General  out  of  the  funds  of  the  office,  two  thou- 
sand dollars. 

For  compensation  to  the  several  loan  officers,  thirteen  thousand  two 
hundred  and  fifly  dollars. 

For  compensation  to  the  clerks  of  the  several  commissioners  of  loans, 
and  an  allowance  to  certain  loan  officers,  in  lieu  of  clerk  hire,  and  to 
defray  the  authorized  expenses  of  the  several  loan  offices,  thirteen  thou- 
sand dollars. 

For  defraying  the  expense  of  clerk  hire  in  the  office  of  the  commish 
sioner  of  loans  of  the  state  of  Pennsylvania,  in  consequence  of  the 
removal  of  the  offices  of  the  treasury  department,  in  the  year  one  thou- 
sand eight  hundred,  to  the  permanent  seat  of  government,  two  thousand 
dollars. 

For  compensation  to  the  surveyor-general,  and  the  clerks  employed 
by  him,  and  for  expense  of  stationery  and  other  contingencies  of  the 
surveyor-general's  office,  three  thousand  two  hundred  dollars. 

For  compensation  to  the  surveyor  of  the  lands  south  of  the  state  of 
Tennessee,  clerks  employed  in  his  office,  stationery,  and  other  contin- 
gencies, three  thousand  two  hundred  dollars. 

For  compensation  to  the  officers  of  the  mint : 

The  director,  two  thousand  dollars. 

The  treasurer,  one  thousand  two  hundred  dollars. 

The  assayer,  one  thousand  five  hundred  dollars. 

The  chief  coiner,  one  thousand  five  hundred  dollars. 

The  melter  and  refiner,  one  thousand  five  hundred  dollars. 

The  engraver,  one  thousand  two  hundred  dollars. 

One  clerk,  at  seven  hundred  dollars. 

And  two,  at  five  hundred  dollars  each. 

For  the  wages  of  persons  employed  at  the  different  branches  of  melt- 
ing, coining,  carpenters,  millwrights  and  smiths'  work,  including  the 
sum  of  eight  hundred  dollars  per  annum,  allowed  to  an  assistant  coiner 
and  die  forger,  who  also  oversees  the  execution  of  the  iron  work,  six 
thousand  fxve  hundred  dollars. 

For  the  repairs  of  furnaces,  cost  of  rollers  and  screws,  timber,  bar- 
iron,  lead,  steel,  potash,  and  for  all  other  contingencies  of  the  mint,  two 
thousand  nine  hundred  dollars. 

For  compensation  to  the  governor,  judges,  secretary,  and  legislative 
council  of  the  territory  of  Orleans,  nineteen  thousand  two  hundred  and 
forty  dollars. 

For  incidental  and  contingent  expenses  of  the  legislative  council,  and 
of  the  secretary  of  the  said  territory,  two  thousand  dollars. 

For  compensation  to  the  governor,  judges,  and  secretary  of  the  Mis- 
sissippi territory,  five  thousand  one  hundred  and  fifty  dollars. 


320  EIGHTH  CONGRESS.    Sess.  U.  Ch.  21.     18a5. 

Specific  ap.  For  expenses  of  stationery,  office  rent,  and  other  contingent  expenses 
propriations.        in  the  said  territory,  three  hundred  and  fifty  dollars. 

For  compensation  to  the  governor,  judges  and  secretary  of  the  Indi- 
ana territory,  five  thousand  one  hundred  and  fifty  dollars. 

For  the  expenses  of  stationery,  office  rent,  and  other  contingent  ex- 
penses in  the  said  territory,  three  hundred  and  fifty  dollars. 

For  the  discharge  of  such  demands  against  the  United  States,  on 
account  of  the  civil  department,  not  otherwise  provided  for,  as  shall 
have  been  admitted  in  a  due  course  of  settlement  at  the  treasury,  and 
which  are  of  a  nature,  according  to  the  usage  thereof,  to  require  pay- 
ment in  specie,  two  thousand  dollars. 

For  additional  compensation  to  the  clerks  of  the  several  departments 
of  state,  treasury,  war  and  navy,  and  of  the  general  post-office,  not 
exceeding  for  each  department,  respectively,  fifteen  per  centum,  in  addi- 
1799,  ch.  40.  tion  to  the  sums  allowed  by  the  act,  intituled  *'  An  act  to  regulate  and 
fix  the  compensation  of  clerks,"  eleven  thousand  eight  hundred  and 
eighty-five  dollars. 

For  compensation  granted  by  law  to  the  chief  justice,  associate  judges, 
and  district  judges  of  the  United  States,  including  the  chief  justice,  and 
two  associate  judges  of  the  district  of  Columbia,  and  to  the  attorney- 
general,  fifty-five  thousand  nine  hundred  dollars. 

For  the  like  compensation  granted  to  the  several  district  attornies  of 
the  United  States,  three  thousand  four  hundred  dollars. 

For  compensation  to  the  marshals  of  the  districts  of  Maine,  New 
Hampshire,  Vermont,  Kentucky,  Ohio,  east  and  west  Tennessee,  and 
Orleans,  one  thousand  six  hundred  dollars. 

For  defiraying  the  expenses  of  the  supreme,  circuit  and  district  courts 
of  the  United  States,  including  the  district  of  Columbia,  and  of  jurors 
and  witnesses,  in  aid  of  the  funds  arising  from  fines,  forfeitures  and 
penalties,  and  likewise  for  defraying  the  expense  of  prosecution  for 
offences  against  the  United  States,  and  for  safe  keeping  of  prisoners, 
forty  thousand  dollars. 

For  the  payment  of  sundry  pensions  granted  by  the  late  government, 
nine  hundred  dollars. 

For  the  payment  of  an  annuity  granted  to  the  children  of  the  late 
Colonel  John  Harding  and  Major  Alexander  Trueman,  by  an  act  of 
Congress  passed  the  fourteenth  of  May,  one  thousand  eight  hundred, 
six  hundred  dollars. 

For  the  payment  of  the  annual  allowance  to  the  invalid  pensioners  of 
the  United  States,  ft'om  the  fifth  of  March,  one  thousand  eight  hundred 
and  five,  to  the  fourth  of  March,  one  thousand  eight  hundred  and  six, 
ninety-eight  thousand  dollars. 

For  the  maintenance  and  support  of  lighthouses,  beacons,  buoys  and 
public  piers,  and  stakeage  of  channels,  bars  and  shoals,  and  certain  con- 
tingent expenses,  one  hundred  and  fifteen  thousand  two  hundred  and 
nine  dollars  and  thirty-six  cents. 

For  fixing  buoys  in  Long  Island  sound,  in  addition  to  the  sums  here- 
tofore appropriated  for  that  object,  three  thousand  dollars. 

For  erecting  beacons  in  the  harbor  of  New  York,  in  addition  to  the 
sums  heretofore  appropriated  for  that  object,  six  thousand  dollars. 

For  erecting  a  beacon  and  placing  buoys  near  the  entrance  of  Savan- 
nah river,  being  an  expense  incurred  under  the  act  of  the  sixteenth  day 
of  July,  one  thousand  seven  hundred  and  ninety-eight,  (the  balance  of  a 
former  appropriation  for  the  same  object,  having  been  carried  to  the 
credit  of  the  surplus  fund,)  two  thousand  four  hundred  and  ninety-four 
dollars,  and  eighty-nine  cents. 

For  reviving  so  much  of  unexpended  balances  of  appropriations  grant- 
ed by  an  act  passed  the  sixth  of  April,  one  thousand  eight  hundred  and 
two,  and  which  have  been  carried  to  the  surplus  fund,  to  wit : 


EIGHTH  CONGRESS.    Sess.  II.  Cu.  21.     1805.  321 

For  erecting  public  piers  in  the  river  Delaware,  five  thousand  eight      Specific  ap. 
hundred  and  eighty-eight  dollars,  and  seventy-nine  cents.  propriationt. 

For  erecting  certain  lighthouses,  and  fixing  buoys  in  Long  Island 
sound,  nine  thousand  six  hundred  and  seventy-eight  doUars  and  thirty- 
eight  cents. 

And  for  building  a  lighthouse  on  Cumberland  South  Point,  four  thour 
sand  doUars. 

For  completing  the  lighthouse  at  the  mouth  of  the  Mississippi,  and 
the  lighthouse  at  or  near  the  pitch  of  Cape  Lookout,  in  addition  to  the 
sum  heretofore  appropriated  to  those  objects,  by  the  act  of  the  twenty- 
sixth  of  March,  one  thousand  eight  hundred  and  four,  twenty  thousand 
doUars. 

Towards  completing  the  surveys  of  public  lands  in  the  state  of  Ohio, 
and  in  the  Indiana  and  Mississippi  territories,  forty  thousand  dollars. 

For  the  discharge  of  such  miscellaneous  claims  against  the  United 
States,  not  otherwise  provided  for,  as  shall  have  been  admitted  in  due 
course  of  settlement  at  the  treasury,  and  which  are  of  a  nature,  according 
to  the  usage  thereof,  to  require  payment  in  specie,  four  thousand  doUars. 

For  defraying  certain  expenses  heretofore  incurred  in  the  war  and 
navy  departments,  and  which,  in  due  course  of  settlement  in  those  de- 
partments, have  been  adjusted,  and  cannot  be  discharged  out  of  any 
existing  appropriation,  twenty  thousand  doUars. 

For  the  expense  of  taking  the  second  census  of  the  inhabitants  of 
the  United  States,  being  the  balance  of  «  former  appropriation  carried 
to  the  surplus  fund,  fourteen  thousand  one  hundred  and  sixty-two  doUars, 
and  seventy-seven  cents. 

For  the  expense  of  wharves  and  stores  for  quarantine  of  ships  and 
vessels,  being  the  balance  of  a  former  appropriation  carried  to  the  credit 
of  the  surplus  fund,  seventeen  thousand  one  hundred  and  forty-three 
doUars,  and  one  cent. 

For  the  expense  of  returning  the  votes  for  President  and  Vice  Presi- 
dent of  the  United  States  for  the  term  commencing  the  fourth  day  of      1792,  di.  8. 
March,  one  thousand  eight  hundred  and  five,  one  thousand  six  hundred 
and  twenty-four  dollars. 

For  defraying  the  contingent  expenses  of  government,  (the  unex- 
pended balance  of  a  former  appropriation  for  the  same  object,  being 
carried  to  the  credit  of  the  surplus  fund,)  twenty  thousand  doUars. 

For  expenses  of  intercourse  with  foreign  nations,  fifiy-seven  thousand 
and  fifty  doUars. 

For  the  expenses  of  the  intercourse  between  the  United  States  and 
the  Barbary  powers,  including  the  compensation  of  the  consuls  at  Algiers, 
Morocco,  Tunis  and  Tripoli,  sixty-three  thousand  five  hundred  doUars. 

For  the  contingent  expenses  of  intercourse  with  the  Barbary  powers, 
two  hundred  thousand  dollars. 

For  the  relief  and  protection  of  distressed  American  seamen,  five 
thousand  doUars. 

For  the  salaries  of  the  agents  at  Paris  and  Madrid,  for  prosecuting 
claims  in  relation  to  captures,  four  thousand  doUars. 

For  payment  of  demands  for  French  vessels  and  property  captured, 
pursuant  to  the  convention  between  the  United  States  and  Uie  French 
Republic,  the  balance  of  a  former  appropriation  for  the  same  object,  by       *802,  ch.  n. 
the  act  of  the  third  of  AprU,  one  thousand  eight  hundred  and  two,  hav- 
ing been  carried  to  the  surplus  fund,  twenty-one  thousand  dollars. 

Sec.  2.  And  be  it  farther  enacted^  That  the  several  appropriations 
herein  before  made,  shall  be  paid  and  discharged  out  of  the  fund  of  six 
hundred  thousand  doUars,  reserved  by  the  act  **  making  provision  for  the      1790,  ch.  34. 
debt  of  the  United  States,''  and  out  of  any  monies  in  the  treasury,  not 
otherwise  appropriated. 

Approved,  March  1,  1805. 
Vol.  II.- 


923 


EIGHTH  COxNGRESS.    Sess.  II.  Ch.  23.    1805. 


Statutx  II. 
March  S,  1805. 

Act  of  March 
26, 1804,  ch.  38. 

Act  of  Feb. 
20,I811,ch.21. 

Act  of  April 
IS, 1812, ch. 60. 

President  au- 
thorized  to  eata- 
blith  a  govern- 
ment  within  the 
territory  of  Or- 
leans,  similar 
(except  in  par- 
ticular respects) 
to  that  of  the 
Mississippi  ter- 
ritory : 

Officers  to  be 
appointed,  &c. 
&c. 

The  rights  se- 
cured to  the  cit- 
izens of  Missis, 
sippi  to  be  ex- 
tended  to  those 
of  Orleans. 

Ordinance  of 
July  13,  1787, 
vol.  i.  61. 

Ordinance  of 
Congress  in  re- 
lation to  a  gen- 
eral assembly  to 
be  in  force  in 
Orleans  from  the 
4th  of  July, 
1805. 

Representa- 
tives  to  be  cho- 
sen. 

Subsequent 
elections  to  be 
regulated  by  the 
legislature. 

Ratio  of  repre- 
sentation. 

Time  of  the 
first  meeting  of 
the  legislature. 

Annual  meet- 
ings to  be  held. 
Neither  House 
to  adjourn  with- 
out tne  consent 
of  the  other. 

Laws  not  in- 
consistent with 
this  act,  to  con- 
tinue in  force. 

Second  para- 
graph of  the  or- 
dinance,  and  6th 
art.  of  compact 
not  to  be  in 
force  in  Orleans. 
Compensations 
of  the  officers. 


Chap.  XXIIL— ^n  Act  further  prwiding  far  the gotfemment  if  the  territory  tf 

Orleana,{d) 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled^  That  the  President  of  the  United 
States  be,  and  he  is  hereby  authorized  to  establish  within  the  territory 
of  Orleans,  a  government  in  all  respects  similar,  (except  as  is  herein 
otherwise  provided,)  to  that  now  exercised  in  the  Mississippi  territory  ; 
and  shall,  in  the  recess  of  the  Senate,  but  to  be  nominated  at  their  next 
meeting,  for  their  advice  and  consent,  appoint  all  the  officers  necessary 
therein,  in  conformity  with  the  ordinance  of  Congress,  made  on  the 
thirteenth  day  of  July,  one  thousand  seven  hundred  and  eighty-seven, 
and  that  from  and  after  the  establishment  of  the  said  government,  the 
inhabitants  of  the  territory  of  Orleans  shall  be  entitled  to  and  enjoy 
all  the  rights,  privileges,  and  advantages  secured  by  the  said  ordinance, 
and  now  enjoyed  by  we  people  of  the  Mississippi  territory. 

Sec.  2.  And  be  it  fierther  enacted,  That  so  much  of  the  said  ordi- 
nance of  Congress,  as  relates  to  the  organization  of  a  general  assembly, 
and  prescribes  the  powers  thereof,  shall,  from  and  after  the  fourth  day  of 
July  next,  be  in  force  in  the  said  territory  of  Orleans ;  and  in  order  to 
carry  the  same  into  operation,  the  governor  of  the  said  territory  shall 
cause  to  be  elected  twenty-five  representatives,  for  which  purpose  he 
shall  lay  off  the  said  territory  into  convenient  election  districts,  on  or 
before  the  first  Monday  of  October  next,  and  give  due  notice  thereof 
throughout  the  same;  and  shall  appoint  the  most  convenient  time  and 
place  within  each  of  the  said  districts,  for  holding  the  elections :  and 
shall  nominate  a  proper  officer  or  officers  to  preside  at  and  conduct  the 
same,  and  to  return  to  him  the  names  of  the  persons  who  may  have  been 
duly  elected.  All  subsequent  elections  shall  be  regulated  by  the  legisla* 
ture ;  and  the  number  of  representatives  shall  be  determined,  and  the 
apportionment  made  in  the  manner  prescribed  by  the  said  ordinance. 

'  Sec.  3.  And  he  it  further  enacted.  That  the  representatives  to  be 
chosen  as  aforesaid  shaJl  be  convened  by  the  governor,  in  the  city  of 
Orleans,  on  the  first  Monday  in  November  next ;  and  the  first  genera] 
assembly  shall  be  convened  by  the  governor  as  soon  as  may  be  conve- 
nient, at  the  city  of  Orleans,  after  the  members  of  the  legislative  council 
shall  be  appointed  and  commissioned :  and  the  general  assembly  shall 
meet,  at  least,  once  in  every  year,  and  such  meeting  shall  be  on  the  first 
Monday  in  December,  annually,  unless  they  shall,  by  law,  appoint  a  diC> 
ferent  day.  Neither  house,  during  the  session,  shall,  without  the  consent 
of  the  other,  adjourn  for  more  than  three  days,  nor  to  any  other  place 
than  that  in  which  the  two  branches  are  sitting. 

Sec.  4.  And  he  it  further  enacted,  That  the  laws  in  force  in  the  said 
territory,  at  the  commencement  of  this  act,  and  not  inconsistent  with 
the  provisions  thereof,  shall  continue  in  force,  until  altered,  modified,  or 
repealed  by  the  legislature. 

Sec.  5.  And  be  it  further  enacted.  That  the  second  paragraph  of  the 
said  ordinance,  which  regulates  the  descent  and  distribution  of  estates ; 
and  also  the  sixth  article  of  compact  which  is  annexed  to,  and  makes 
part  of  said  ordinance,  are  hereby  dedared  not  to  extend  to,  but  are 
excluded  from  all  operation  within  the  said  territory  of  Orleans. 

Sec.  6.  And  be  it  further  enacted.  That  the  governor,  secretary,  and 
judges,  to  be  appointed  by  virtue  of  this  act,  shall  be  severaUy  allowed 
the  same  compensation  which  is  now  aUowed  to  the  governor,  secretary, 
and  judges,  of  the  territory  of  Orleans.  And  all  the  additional  officers 
authorized  by  this  act,  shall  respectively  receive  the  same  compensations 
for  their  services,  as  are  by  law  established  for  similar  offices  in  the 
Mississippi  territory,  to  be  paid  quarter  yearly  out  of  the  revenues  of 
impost  and  tonnage,  accruing  within  the  said  territory  of  Orleans. 

(a^  By  the  act  of  April  8, 1812,  chap.  50,  Loaistana  was  admitted  into  the  Union. 


EIGHTH  CONGRESS.    Sbhs.  II.  €h.  34.    1805. 


8bc.  7.  And  be  it  fiariker  enacted,  That  whenever  it  shall  be  ascer- 
tained by  an  actual  census,  or  enumeration  of  the  inhabitants  of  the 
territory  of  Orleans,  taken  by  proper  authority,  that  the  number  of  free 
inhabitants  included  therein  shall  amount  to  sixty  thousand,  they  shall 
thereupon  be  authorized  to  form  for  themsdves  a  constitution  and  state 
government,  and  be  admitted  into  the  Union  upon  the  footing  of  the 
original  states,  in  all  respects  whatever,  conformably  to  the  provisions  of 
the  third  article  of  the  treaty,  concluded  at  Paris,  on  the  thirtieth  of 
April,  one  thousand  eight  hundred  and  three,  between  the  United  States 
and  the  French  Republic:  Provided,  that  the  constitution  so  to  be 
established  shall  be  republican,  and  not  inconsistent  with  the  constitution 
of  the  United  States,  nor  inconsistent  with  the  ordinance  of  the  late 
Congress,  passed  the  thirteenth  day  of  July,  one  thpusand  seven  hundred 
and  eighty-seven,  so  far  as  the  same  is  made  applicable  to  the  territorial 
government  hereby  authorized  to  be  established:  Praoided  however,  that 
Conffress  shall  be  at  liberty,  at  any  time  prior  to  the  admission  of  the 
inhabitants  of  the  said  territory  to  the  right  of  a  separate  state,  to  alter 
the  boundaries  thereof  as  they  may  judge  proper : — Exe^t  only,  that  no 
alteration  shall  be  made  which  shall  procrastinate  the  period  for  the 
admission  of  the  inhabitants  thereof  to  the  rights  of  a  state  government 
according  to  the  provision  of  this  act. 

Sec.  8.  And  he  it  fiariker  enacted.  That  so  much  of  an  act,  intituled 
«'  An  act  erecting  Louisiana  into  two  territories,  and  providing  for  the 
temporary  covemment  thereof,"  as  is  repugnant  with  this  act,  shall,  from 
and  after  the  first  Monday  of  November  next,  be  repealed.  And  the 
residue  of  the  said  act  shall  continue  in  full  force,  until  repealed,  any 
thing  in  the  sixteenth  section  of  the  said  act  to  the  contrary  notwith- 
standing. 

Approved,  March  2, 1805. 


People  of  the 
territory  of  Or- 
leans, when  the 
number  of  free 
inhabitants  shall 
have  amounted 
to  eOyOOO,  per- 
mitted to  esub- 
lish  a  ffOTem- 
ment  tor  them- 
■elres. 

Mast  establish 
a  repnblican  go- 
▼emraent. 

Congress  to 
retain  the  priTi- 
lege  of  altering 
the  bottodariea 
of  the  territory 
of  Orleans,  be- 
fore its  admis- 
sion into  the 
Union. 

No  alteration 
to  be  made 
which  ms]r  defer 
its  admission. 

Part  of  the  act 
erecting  Louisi- 
ana into  two  ter- 
ritories, Itc.  re- 
pealed. 
The  rest  to  re- 
main in  force. 

1804,  ch.  38. 


Statute  II. 


Chap.  XXIV. — Jtn  Jet  further  to  amend  an  ad,  intituled  **An  act  regulating     March  2, 1805. 
the  grants  nf  bmdf  ana  providing  for  the  ditpoeal  of  the  landi  of  the  UnitM 
StaUe,  eouthof  the  etaU  if  Tennenee.^\a) 

Be  it  enacted  by  the  Senate  and  House  of  tlqn'eseniatives  of  the  United 
States  of  America  in  Congress  assembled,  That  persons  who  may  have 
obtained,  or  shall  obtain  certificates  from  the  board  of  commissioners 
appointed  to  ascertain  the  claims  to  lands  in  the  Mississippi  territory, 
shall  be  allowed  three  months  after  the  respective  date  of  such  certificates, 
for  entering  the  same  with  the  register  of  the  proper  land-office ;  and 
certificates,  thus  entered,  shall  have  the  same  force  and  effect,  as  if  they 
had  been  duly  entered  with  the  said  register,  on  or  before  the  first  day 
of  January,  one  thousand  eight  hundred  and  five. 

Sec.  2.  And  be  it  fiirther  enacted.  That  the  commissioners  appointed 
to  ascertain  the  claims  to  lands,  in  the  above-mentioned  territory,  east 
of  Pear]  river,  shall  be  authorized  to  grant  certificates  for  lands  lying  in 
the  island  known  by  the  name  of  Nannee  Hubba,  formed  by  the  cut  off 
of  the  river  Tombigbee  and  Alabamaha ;  and  persons  having  claims  for 
lands  lying  either  in  said  island,  or  east  of  the  Tombigbee  and  Alabamaha 
rivers,  shall  be  permitted  to  file  the  same  with  the  register  of  the  land- 
office,  till  the  first  day  of  May,  one  thousand  eight  hundred  and  five ; 
and  the  commissioners  shall  decide  on  the  same,  in  the  same  manner  as 
if  they  had  been  presented  before  the  thirty-first  day  of  March,  one 
thousand  eisht  hundred  and  four. 

Sec.  3.  And  be  it  further  enacted.  That  each  of  the  last  mentioned 
commissioners,  shall  be  allowed  at  the  rate  of  six  dollars  a  day,  for  every 
day  he  shall  attend,  subsequent  to  the  first  day  of  April,  one  thousand 


Act  of  March 
3, 1803,  ch.  37. 

Act  of  March 
27, 1804,  ch.  61. 

Persons  ob- 
taining certifi- 
cates from  the 
board  of  com- 
missioners in 
the  Mississippi 
territory,  allow- 
ed a  farther  time 
for  entering 
them. 

Commission- 
ers appointed  to 
ascertain  the 
claims   to  land 
in  the  Mississip- 
pi territory,  east 
of  Pearl  river, 
authorised  to 
grant  certifi- 
cates for  land  in 
the  island  of 
Nannee  Hubba; 
and  persons 
having  claims 
permitted  to  file 
them  before  the 
Ist  May,  1806. 

Per  diem  al- 
lowances to  the 


(a)  See  notes  to  act  of  March  27,  1804,  chap.  61. 


324 


EIGHTH  CONGRESS.    Stsss.  H.  Ch.  26.    1805. 


commiasionera 
for  their  attend- 
ance   after    Ist 
April. 

Whole   addi. 
tional  allow- 
ance limited. 
Compenaationa 
of  the  clerka  of 
the  boards  of 
commitaionera 
in  the  Missiaaip- 
pi  territory. 

Claimanta  an- 
der  Britiah 
granta  legally 
and  fully  com- 
pleted, allowed 
a  further  time 
for  filing  l^eir 
claima. 

Regiater  to 
make  report  to 
Secretary  of  the 
Treaaury  of  the 
granta  thua  re- 
corded. 

The  landa  in- 
cluded in  the 
granu  not  to  be 
diapoaed   of  for 
one  year. 

Granta  not  fil- 
ed, fltc.  accord- 
ing to  thia  act  to 
be  no  bar  to 
other  Spaniah 
and  American 
granta. 

Statute  II. 
March  2,  1805. 


The  titlea  of 
persona  resid- 
ing in  the  ced- 


eight  hundred  and  five :  Pravided,  that  such  additional  aUowance  shall 
not  exceed  fiTe  hundred  dollars  for  each  commissioner. 

Sec.  4.  And  be  it  further  enacted.  That  the  clerk  of  each  of  the 
boards  of  commissioners  appointed  to  ascertain  the  claims  to  lands  in  the 
above-mentioned  territory,  shall  be  allowed  at  the  rate  of  seven  hundred 
and  fifty  dollars  a  year,  from  the  time  when  he  entered  on  the  duties  of 
his  office,  to  the  time  when  the  board  shall  adjourn  sine  die. 

Sec.  5.  And  he  it  further  enacted,  That  persons  claiming  lands  in 
the  Mississippi  territory,  by  virtue  of  British  grants,  legaDy  and  fully 
completed,  who  may  not  have  filed  their  claims  with  the  proper  register 
of  the  land-office,  in  conformity  with  the  provisions  heretofore  made  for 
that  purpose,  may,  until  the  first  day  of  December  one  thousand  eight 
hundred  and  five,  file  such  claims  with  the  registerof  the  land-office  west 
of  Pearl  river,  and  have  the  same  recorded.  And  the  said  register  shall, 
on  or  before  the  first  day  of  January,  one  thousand  eight  hundred  and 
six,  make  to  the  Secretary  of  the  Treasury,  a  full  report  of  all  the  British 
grants  thus  recorded;  which  report  shall  immediately  after  be  laid  before 
Congress.  The  lands  contained  in  such  grants  shall  not  be  otherwise 
disposed  of  until  the  end  of  one  year,  after  that  time.  And  if  any  such 
person  shall  neglect  to  file  such  British  grant,  and  to  have  the  same 
recorded,  in  the  manner  and  time  hereby  provided,  neither  such  grant 
nor  any  other  evidence  of  such  claim,  which  shall  not  have  been  recorded 
as  above  directed,  shall  ever  after  be  considered  or  admitted  as  evidence 
in  any  court  of  the  United  States,  against  any  grant  derived  firom  the 
United  States,  or  against  any  title  legally  and  fully  executed,  derived 
fi'om  the  Spanish  government ; — any  act  or  acts  to  the  contrary  notwith- 
standing. 

Approved,  March  2,  1805. 


Chap.  XXVI. — An  act  for  ttacerUumng  and  adjusting  the  title$  and  claims  to 
land,  within  the  territory  of  Orleans,  and  the  district  of  Louisiana,(ja) 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  any  person  or  persons. 


(a)  Acta  which  ha^e  been  passed  relative  to  landa  and  land  titlea  in  Louiaiana  :— An  act  erecting  Loa- 
isiana  into  two  territoriea,  and  providing  for  the  temporary  government  thereof,  March  26,  1S04,  chap. 
38,  sec.  14, 15.  An  act  for  ascertaining  and  adjuating  the  titlea  and  claima  within  the  territoiV  of  Orleana, 
and  the  district  of  Louiaiana,  March  2, 1805,  chap.  26.  An  act  aupnlementary  to  an  act  entitled,  "An  act 
for  ascertaining  and  adjusting  the  titles  and  claims  to  landa  within  tne  territory  of  Orleana,  and  the  district 
of  Louisiana,'*  April  21,  1806,  chap.  39.  An  act  reapecting  claims  to  landa  in  ue  territories  of  Orleans  and 
Louisiana,  March  3,  1807,  chap.  3o.  An  act  providing  for  the  final  adjuatment  of  claima  to  landa,  and  for 
the  aale  of  the  public  landa  in  the  tonritoriea  of  Orleana  and  Louisiana,  Febraarr  16,  1811.  An  act  pro- 
viding for  the  final  adjuatment  of  claima  to  landa,  and  for  the  aale  of  the  public  landa  in  the  territories  of 
Orleans  and  Louiaiana,  and  to  repeal  the  act  passed  for  the  same  purpose,  and  approved  February  16, 
1811,  March  3,  1811,  chap.  46.  An  act  giving  further  time  for  regiatenng  claima  to  lands  in  the  western 
district  of  the  territory  of  Orleana,  March  10, 1812,  chap.  38.  An  act  for  aacertaining  the  title  and  claima 
to  land,  in  that  part  of  Louiaiana  which  liea  eaat  of  Uie  river  Miaaiaaippi  and  the  iaiand  of  New  Orleana, 
April  25,  1812,  chap.  67.  An  act  giving  validity  to  the  sale  of  certain  tracta  of  public  land,  aold  in  the 
western  district  of  the  territory  of  Orleans,  now  the  state  of  Louiaiana,  July  1 ,  1812,  chap.  118.  An  act  giving 
further  time  for  re^iatering  claims  to  land  in  the  eastern  and  western  districts  of  the  territorr  of  Orleana, 
now  state  of  Louisiana,  February  27, 1813,  chap.  38.  An  act  for  the  final  adjuatment  of  land  tiUea  in  the 
state  of  Louisiana  and  territory  of  Mississippi,  April  12,  1814,  chap.  52.  An  act  aupplementary  to  an  act 
for  ascertaining  the  titlea  and  claima  to  lana  in  that  part  of  Louisiana  which  lies  eaat  of  the  river  Mia- 
sissippi  and  iaiand  of  New  Orleana,  April  18, 1814,  chap.  85.  An  act  concerning  certificates  of  confirmation 
of  claims  to  landa  in  the  atate  of  Louiaiana,  April  18, 1814,  chap.  93.  An  act  to  provide  for  the  appoint- 
ment of  a  aurveyor  of  the  public  landa  in  the  territoriea  of  Illinoia  and  Miaaonri,  April  29,  1816,  chap. 
151,  aec.  3.  An  act  for  the  confirmation  of  certain  claima  in  the  weatem  district  of  Louisiana,  and  in  the 
territory  of  Missouri,  April  29,  1816,  chap.  169.  An  act  concerning  pro'emption  rights  given  in  the  par- 
chase  of  landa  to  certain  settlers  in  the  state  of  Louiaiana,  and  in  the  territory  of  Miaaouri  and  Ulinoia, 
April  29,  1816,  chap.  163.  An  act  explanatory  of  the  act  entitled,  «An  act  for  the  final  adjustment  of  the 
land  titles  in  the  state  of  Louiaiana,  and  territory  of  Missouri,*'  March  3,  1819,  chap.  84.  An  act  to  an- 
thorixe  the  President  of  the  United  Statea  to  take  poaaesaion  of  East  and  West  Florida,  and  to  eatabliah 
a  temporary  government  therein,  March  3,  1819,  chap.  91.  An  act  for  adjusting  the  claima  to  land,  and 
establishing  land-oflicea  in  the  diatricta  eaat  of  the  iaiand  of  Orleana,  March  3,  1819,  chap.  98.  An  act 
confirming  the  titles  to  lota  in  the  town  of  Mobile,  and  in  the  former  province  of  West  Florida,  which 


EIGHTH  CONGRESS.    Sess.  U.  Ch.  96.    1805. 


«nd  the  legal  representatives  of  any  person  or  persons,  who  on  the  first 
day  of  October,  in  the  year  one  thousand  eight  hundred,  were  resident 
within  the  territories  ceded  by  the  French  Republic  to  the  United  States, 
by  the  treaty  of  the  thirtieth  of  April,  one  thousand  eight  hundred  and 
three,  and  who  had  prior  to  the  said  first  day  of  October,  one  thousand 
eight  hundred,  obtained  from  the  French  or  Spanish  governments 
respectively,  during  the  time  either  of  the  said  governments  had  the 
actual  possession  of  said  territories,  any  duly  registered  warrant,  or  order 
of  survey  for  lands  lying  within  the  said  territories  to  which  the  Indian 
title  had  been  extinguished,  and  which  were  on  that  day  actually  inha- 
bited and  cultivated  by  such  person  or  persons,  or  for  his  or  their  use, 
shall  be  confirmed  in  their  claims  to  such  lands  in  the  same  manner  as 
if  their  titles  had  been  completed :  Provided  however,  that  no  such 
incomplete  title  shall  be  confirmed,  unless  the  person  in  whose  name  such 
warrant  or  order  of  survey  had  been  granted,  was  at  the  time  of  its  date, 
either  the  head  of  a  family,  or  above  the  age  of  twenty-one  years :  nor 
unless  the  conditions  and  terms  on  which  the  completion  of  the  grant 
might  depend,  shall  have  been  fuIfiUed. 

Sec.  2.  And  be  it  further  enacted,  That  to  every  person,  or  to  the 
legal  representative  or  representatives  of  every  person,  who  being  either 
the  head  of  a  family,  or  twenty-one  years  of  age,  had  prior  to  the  twen- 
tieth day  of  December,  one  thousand  eight  hundred  and  three,  with  the 
permission  of  the  proper  Spanish  officer,  and  in  conformity  with  the 


ed  territories  on 
let  Oct.  1800, 
who  held  landf 
under  French  or 
Spanish  grants, 
to  which  the 
Indian  title  has 
been  extinguish* 
ed,  and  which 
were  settled  or 
occupied  on  that 
day  for  or  by 
these  persons, 
confirmed. 

No  such  in- 
complete title  to 
be  confirmed 
unless  the  grant, 
ee  was  at  iu 
date  the  head  of 
a  family,  or 
above  the  age 
of  twenty-one 
years;  nor  un- 
less  the  condi- 
tion  of  thesrant 
shall  have  been 
fulfilled. 

Grants  to  ac- 
tual settlers  of 
the  lands  occu- 


claims  haye  been  favourably  reported  on  bv  the  commissioners  appointed  by  the  United  States,  May  7, 

1822,  chap.  122.  An  act  supplemental  to  the  several  acts  for  adjusting  the  claims  to  land,  and  establish- 
ing  land-offices  in  the  districts  east  of  the  island  of  New  Orleans,  May  8,  1822,  chap.  128.  An  act  sup- 
plementary to  the  sereral  acts  for  the  adjustment  of  land  claims  in  the  state  of  Louisiana,  February  21, 

1823,  chap.  15.  An  act  to  revive  and  continue  in  force  the  seventh  section  of  an  act  entitled,  "An  act 
supplementary  to  the  several  acts  for  the  adjustment  of  land  claims  in  the  state  of  Louisiana,'*  approved 
the  eleventh  of  May,  1820,  and  for  other  purposes,  February  28,  1823,  chap.  18.  An  act  providing  for 
the  examination  of  the  titles  to  land  in  that  part  of  the  state  of  Louisiana,  situated  between  the  Rio 
Hondo  and  the  Sabine  river,  March  3,  1823,  chap.  29.  An  act  supplementary  to  the  several  acts  for 
ascertaining  and  adjusting  the  titles  and  claims  to  land  in  the  St.  Helena  and  Jackson  Courthouse  land 
districts,  May  26,  1824,  chap.  175.  An  act  supplementary  to  an  act  providing  for  the  examination  of  the 
titles  to  land  in  that  part  of  the  state  of  Louisiana  situated  between  the  Rio  Hondo  and  the  Sabine  river, 
May  26,  1824,  chap.  182.  An  act  to  confirm  the  supplementary  report  of  the  commissioners  of  the 
western  district  of  Louisiana,  March  31 ,  1826,  chap.  18.  An  act  to  confirm  certain  claims  to  lands  in  tho 
district  of  Opelousas  in  Louisiona,  May  16,  1826,  chap.  62.  An  act  granting  Uie  right  of  preference  to 
the  purchasers  of  public  lands  in  the  St.  Helena  district  in  the  state  of  Louisiana,  March  19,  1828,  chap. 
19.  An  act  to  confirm  claims  to  lands  in  the  district  between  the  Rio  Hondo  and  Sabine  river,  May  24, 
1828,  chap.  92.  An  act  to  authorise  the  registers  of  the  several  land-offices  in  Louisiana,  to  receive  en- 
tries of  land,  in  certain  cases,  and  give  to  purchasers  thereof,  certificates  of  the  same,  May  5,  1830, 
chap.  86.  An  act  for  the  final  adjustment  orthe  land  claims  in  the  southeastern  land  district  of  the  state 
of  Louisiana,  July  4,  1832,  chap.  166.  An  act  in  reference  to  pre-emption  rights  in  the  southeastern  dis. 
trict  of  Louisiana,  June  28,  1834,  chap.  125.  An  act  further  to  provide  for  tho  location  of  certain  land 
in  the  territoij  of  Arkansas,  June  28,  1834,  chap.  106.  An  act  for  the  final  adjustment  of  claims  to  lands 
in  the  state  of  Louisiana,  February  6,  1835,  chap.  17.  An  act  supplementary  to  an  act  entitled,  <<An  act 
to  entitle  the  inhabitants  of  Louisiana  to  enter  the  back  lands,'*  February  24,  1834,  chap.  24.  An  act 
supplementary  to  an  act  of  the  fourth  of  July,  one  thousand  eight  hundred  and  thirty- two,  entitled,  «An 
act  for  the  final  adjustment  of  claims  of  lands  in  the  southeastern  district  of  Louisiana,"  March  3, 1835, 
chap.  46.  An  act  confirming  claims  to  lands  in  the  state  of  Louisiana,  July  4,  1836,  chap.  358.  An  act 
supplementary  to  the  set  entitled,  "An  act  to  grant  pre-emption  rights  to  settlers  on  the  public  lands," 
approved  June  18,  1838,  June  1,  1840,  chap.  12.  An  act  to  confirm  land  patents,  March  3,  1841,  chap. 
13.  An  act  to  confirm  certain  entries  of  land,  in  the  state  of  Louisiana,  and  to  authorize  the  issuing 
patents  for  the  same,  April  14,  1842,  chap.  10.  An  act  confirming  certain  land  claims  in  Louisiana,  July 
o,  1842,  chap.  22.  An  act  to  set  aside  certain  reservations  of  lands  on  account  of  live  oak  in  the  south- 
eastern district  of  Louisiana,  March  3, 1843,  chap.  77. 

By  the  treaty  by  which  Louisiana  was  acquired,  the  United  States  stipulated  that  the  inhabitants  of  the 
ceded  territories  should  be  protected  in  the  free  enjoyment  of  their  property.  The  United  States,  as  a 
just  nation,  regard  this  stipulation  as  the  avowal  or  a  principle,  which  would  have  been  held  equally 
sacred,  although  it  had  not  been  inserted  in  the  treaty.  Sotuard  et  a1.  «.  The  United  States,  4  Peters, 
611. 

The  term  property,  as  applied  to  lands,  comprehends  every  species  of  title,  inchoate  or  complete.  It 
is  supposed  to  embrace  those  rights  which  lie  in  contract,  those  which  are  executory  as  well  as  those 
whicn  are  executed.  In  this  respect  the  relation  of  the  inhabitants  of  Louisiana  to  their  government  is 
not  changed.    The  new  government  takes  the  place  of  that  which  has  passed  away.    Ibid. 

For  the  decisions  of  the  Supreme  Court  on  the  subject  of  Louisiana  land  titles,  see  notes  to  act  of 
March  26,  1804,  chap.  38,  ante,  page  288. 

2E 


EIGHTH  CONGRESS.    Sess.  H.  Ch.  ^.     1805. 


pied  by  them, 
with  the  per. 
mission  of  the 
proper  Spanish 
officer,  and  in 
conformity  with 
the  Spanish 
usages,  &c. 

No  more  than 
one  tract  to  be 
granted  to  such 
person,  and  not 
to  exceed  one 
mile  square. 

This  donation 
not  to  be  made 
to  any  one  who 
claims  any  other 
under  a  French 
or  Spanish  grant. 

Territory    of 
Orleans  to  be 
laid  off  into  two 
districts,  for  the 
ascertainment 
of  land    titles 
therein. 

A  register  to 
be  appointed  for 
this  purpose  in 
each. 

His  compen- 
sation, duties, 
&c. 

Act  of  May 
10, 1800,  ch.  55. 

A  recorder  of 
land  titles  to  be 
appointed    for 
Louisiana    dis- 
trict. 

His  compen- 
sation, &c. 

Persons  claim- 
ing lands  under 
French  or  Spa- 
nish grants,  sc. 
to  hare  their 
claims  record- 
ed, &c. 

Record  to  be 
made  before  the 
first   day    of 
March,  1806. 

By  whom  the 
foregoing  claims 
are  to  be  re- 
corded, and  the 
officer's  fees, 
&c.,  for  record- 
ing them. 

Where  lands 
are  claimed  by 
▼irtue  of  a  com- 

glcte  French  or 
panish     grant, 
no    other     evi- 
dence   of  the 
claim  to  be  re- 
corded but  the 
origin  si  grant  or 
patent.    Other 
deeds  to  be  de- 
posited with  the 
register,    and 
laid  before  the 
commissioners. 
1806,  ch.  38. 


laws,  usages  and  customs  of  the  Spanish  goverament,  made  an  actual 
settlement  on  a  tract  of  land  within  the  said  territories,  not  claimed  by 
virtue  of  the  preceding  section,  or  of  any  Spanish  or  French  grant 
made  and  completed  before  the  first  day  of  October,  one  thousand  eight 
hundred,  and  during  the  time  the  government  which  made  such  grant 
had  the  actual  possession  of  the  said  territories,  and  who  did  on  the 
said  twentieth  day  of  December,  one  thousand  eight  hundred  and  three, 
actually  inhabit  and  cultivate  the  said  tract  of  land;  the  tract  of  land 
thus  inhabited  and  cultivated,  shall  be  granted:  Provided  however,  that 
not  more  than  one  tract  shall  be  thus  granted  to  any  one  person,  and 
the  same  shall  not  contain  more  than  one  mile  square,  together  with 
such  other  and  further  quantity,  as  heretofore  has  been  allowed  for  the 
wife  and  family  of  such  actual  settler,  agreeably  to  the  laws,  usages  and 
customs  of  the  Spanish  government :  Provided  tdso,  that  this  donation 
shall  not  be  made  to  any  person  who  claims  any  other  tract  of  land  in 
the  said  territories  by  virtue  of  any  French  or  Spanish  grant. 

Sec.  3.  And  be  it  Jurther  enacted,  That  for  the  purpose  of  more 
conveniently  ascertaining  the  titles  and  claims  to  land  in  the  territory 
ceded  as  aforesaid,  the  territory  of  Orleans  shall  be  laid  off  into  two 
districts,  in  such  manner  as  the  President  of  the  United  States  shall 
direct ;  in  each  of  which,  he  shall  appoint,  in  the  recess  of  the  Senate, 
but  who  shall  be  nominated  at  their  next  meeting,  for  their  advice  and 
consent,  a  register;  who  shall  receive  the  same  annual  compensation, 
give  security  in  the  same  manner,  and  in  the  same  sums,  and  whose 
duties  and  authorities  shall  in  every  respect  be  the  same  in  relation  to 
the  lands  which  shall  hereafter  be  disposed  of  at  their  offices,  as  are  by  law 
provided  with  respect  to  the  registers  in  the  several  offices  established 
for  the  disposal  of  the  lands  of  the  United  States,  north  of  the  river 
Ohio,  and  above  the  mouth  of  Kentucky  river.  The  President  of  the 
United  States  shall  likewise  appoint  a  recorder  of  land  titles  in  the  dis- 
trict of  Louisiana,  who  shall  give  security  in  the  same  manner,  and  in 
the  same  sums,  and  shall  be  entitled  to  the  same  annual  compensation, 
as  the  registers  of  the  several  land-offices. 

Sec.  4.  And  be  it  Jurther  enacted.  That  every  person  claiming  lands 
in  the  above-mentioned  territories,  by  virtue  of  any  legal  French  or 
Spanish  grant,  made  and  completed  before  the  first  day  of  October,  one 
thousand  eight  hundred,  and  during  the  time  the  government  which 
made  such  grant  had  the  actual  possession  of  the  territories,  may,  and 
every  person  claiming  lands  in  the  said  territories,  by  virtue  of  the  two 
first  sections  of  this  act,  or  by  virtue  of  any  grant  or  incomplete  title, 
bearing  date  subsequent  to  the  first  day  of  October,  one  thousand  eight 
hundred,  shall,  before  the  first  day  of  March,  one  thousand  eight  hun- 
dred and  six,  deliver  to  the  register  of  the  land-office,  or  recorder  of 
land  titles,  within  whose  district  the  land  may  be,  a  notice  in  writing, 
stating  the  nature  and  extent  of  his  claims,  together  with  a  plat  of  the 
tract  or  tracts  claimed ;  and  shall  also,  on  or  before  that  day,  deliver  to 
the  said  register  or  recorder,  for  the  purpose  of  being  recorded,  every 
grant,  order  of  survey,  deed,  conveyance,  or  other  written  evidence  of 
his  claim ;  and  the  same  shall  be  recorded  by  the  register  or  recorder, 
or  by  the  translator  herein  afler  mentioned,  in  books  to  be  kept  by  them 
for  that  purpose,  on  receiving  from  the  parties  at  the  rate  of  twelve  and 
an  half  cents  for  every  hundred  words  contained  in  such  written  evi- 
dence of  their  claim :  Provided  however,  that  where  lands  are  claimed 
by  virtue  of  a  complete  French  or  Spanish  grant  as  aforesaid,  it  shall 
not  be  necessary  for  the  claimant  to  have  any  other  evidence  of  his 
claim  recorded,  except  the  original  grant  or  patent,  together  with  the 
warrant,  or  order  of  survey,  and  the  juat;  but  all  the  other  conveyances 
or  deeds  shall  be  deposited  with  the  register  or  recorder,  to  be  by  them 
laid  before  the  commissioners  herein  afler  directed  to  be  appointed. 


EIGHTH  CONGRESS.    Sess.  II.  Ch.  26.     1805. 


327 


when  they  shall  take  the  claim  into  con8ideration.(a]  And  if  such  per- 
son shall  neglect  to  deliver  such  notice  in  writing  of  his  claim,  together 
with  a  plat  as  aforesaid,  or  cause  to  be  recorded  such  written  evidence 
of  the  same,  all  his  right,  so  far  as  the  same  is  derived  from  the  two  first 
sections  of  this  act,  shall  become  void,  and  for  ever  thereafter  be  barred ; 
nor  shall  any  incomplete  grant,  warrant,  order  of  survey,  deed  of  con- 
veyance, or  other  written  evidence,  which  shall  not  be  recorded  as  above 
directed,  ever  after  be  considered  or  admitted  as  evidence  in  any  court 
of  the  United  States,  against  any  grant  derived  from  the  United  States. 
The  said  register  and  recorder  shall  commence  the  duties  hereby 
enjoined  on  them,  on  or  before  the  first  day  of  September  next,  and 
continue  to  discharge  the  same,  at  such  place  in  their  respective  districts, 
as  the  President  of  the  United  States  shall  direct. 

Sec.  5.  And  be  it  jvrther  enacted.  That  two  persons  to  be  appointed 
by  the  President  alone,  for  the  district  of  Louisiana,  and  two  persons  to 
be  in  the  same  manner  appointed  for  each  of  the  districts  directed  by 
this  act  to  be  laid  off  in  the  territory  of  Orleans,  shall,  together  with  the 
register  or  recorder  of  the  district  for  which  they  may  be  appointed,  be 
commissioners  for  the  purpose  of  ascertaining  within  their  respective 
districts,  the  rights  of  persons  claiming  under  any  French  or  Spanish 
grant  as  aforesaid,  or  under  the  two  first  sections  of  this  act.  The  said 
commissioners  shall,  previous  to  their  entering  on  the  duties  of  their 
appointment,  respectively  take  and  subscribe  the  following  oath  or 
affirmation,  before  some  person  qualified  to  administer  the  same:  '<I 
do  solemnly  swear,  (or  affirm,)  that  I  will  impartially 
exercise  and  discharge  the  duties  imposed  on  me  by  an  act  of  Congress, 
intituled  'An  act  for  ascertaining  and  adjusting  the  titles  and  claims  to 
land  within  the  territory  of  Orleans,  and  the  district  of  Louisiana,'  to 
the  best  of  my  skill  and  judgment"  It  shall  be  the  duty  of  the  said 
commissioners  to  meet  in  their  respective  districts,  at  such  place  as  the 
President  shall  have  directed  therein,  for  the  residence  of  the  register 
or  recorder,  on  or  before  the  first  day  of  December  next,  and  they  shall 
not  adjourn  to  any  other  place,  nor  for  a  longer  time  than  three  days, 
until  the  first  day  of  March,  one  thousand  eight  hundred  and  six,  and 
until  they  shall  have  completed  the  business  of  their  appointment. 
Each  board,  or  a  majority  of  each  board,  shall,  in  their  respective  dis- 
tricts, have  power  to  hear  and  decide  in  a  summary  manner,  all  matters 
respecting  such  claims,  also  to  administer  oaths,  to  compel  the  attend- 
ance of,  and  examine  witnesses,  and  such  other  testimony  as  may  be 
adduced,  to  demand  and  obtain  fi^om  the  proper  officer  and  officers,  all 
public  records,  in  which  grants  of  land,  warrants,  or  orders  of  survey, 
or  any  other  evidence  of  claims  to  land,  derived  from  either  the  French 
or  Spanish  governments,  may  have  been  recorded ;  to  take  transcripts 
of  such  record  or  records,  or  of  any  part  thereof;  to  have  access  to  all 
other  records  of  a  public  nature,  relative  to  the  granting,  sale,  transfer, 
or  titles  of  lands,  within  their  respective  districts ;  and  to  decide  in  a 
summary  way,  according  to  justice  and  equity,  on  all  claims  filed  with 
the  register  or  recorder,  in  conformity  with  the  provisions  of  this  act, 
and  on  all  complete  French  or  Spanish  grants,  the  evidence  of  which, 
though  not  thus  filed,  may  be  found  of  record  on  the  public  records 
of  such  grants ;  which  decisions  shall  be  laid  before  Congress  in  the 
manner  herein  after  directed,  and  be  subject  to  their  determination 
thereon:  Provided  however^  that  nothing  in  this  act  contained,  shall  be 
construed  so  as  to  recognize  any  grant  or  incomplete  title,  bearing  date 
subsequent  to  the  first  day  of  October,  one  thousand  eight  hundred,  or 
to  authorize  the  commissioners  aforesaid  to  make  any  decision  thereon. 


Negleet   to 

deliver  notice 
of  claim,  and 
to  record  oti. 
dence  of  it,  so 
far  as  deriycd 
under  the  two 
first  sections  of 
this  act,  to  be 
forever  barred. 

Register  and 
recorder  to  com- 
mence the  exe» 
ciition  of  their 
offices  on  or  be- 
fore the  1st  Sep- 
tember, 1805. 

Commission- 
ers to  be  ap- 
pointed for  the 
district  of  Lou- 
isiana, and  the 
districts  to  be 
laid  off*  under 
this  act  for  as- 
certaining land 
titles,  fltc. 


The  oath   of 
office   which 
they  mast  take. 


Commission- 
era  to  meet  in 
their  respective 
districts  at  such 
places  as  may 
oe  the  residence 
of  the  recorders, 
resisters,  kc.  on 
or  Defore  the  1st 
December,  and 
not  to  adjourn 
until  they  shall 
have  finished 
their  business. 

Powers  of  the 
boards  of  com- 
missioners. 

To  administer 
oaths,  compel 
the  attendance 
of  witnesses, 
demand  all  pub- 
lic records  of 
grants  of  land. 

To  take  tran- 
scripts  of  re- 
eoras. 

To  decide 
snmmarily  ac- 
cording to  jus. 
tice  and  equity 
on  all  complete 
titles  under 
French  or  Spa* 
nish  grants. 

Decisions  of 
the  boards  to  be 
laid  before  Con- 
gress. 


(lO  By  the  3rd  section  of  the  act  of  February  28,  1806,  chap.  11,  the  claimants  to  lands  within  the 
territory  of  Louisiana,  whose  traets  have  not  been  surveyed  by  the  officers  of  the  Spanish  government 
prior  to  SOth  December,  1803,  are  eiempted  from  these  provisions. 


EIGHTH  CONGRESS.    Sess.  H.  Ch.  26.     1805. 


No  title  under 
a  grant  fabte- 
quent  to  Octo- 
ber 1,  1800,  to 
be  recognized. 

The  boards  to 
appoint  a  clerk. 

His  daties. 
Transcripts  of 
decisions  in  fa- 
vor of  claim- 
snta  to  be  de- 
livered   to    the 
surveyor-gene- 
ral, and  the  Sec- 
retary    of  the 
Treasury. 

Reports  of  re- 

^'ected  claims 
ikewise  to  be 
made,  and  filed 
in  the  proper 
land-office,  and 
to  bo  laid  by  the 
Secretary  of  the 
Treasury  before 
Congress. 


Grants  ante- 
dated or  other- 
wise defective, 
not  to  be  con- 
sidered as  con- 
clusive evidence 
of  title. 

Compensa- 
tions   of  the 
commissioners' 
clerks,  fltc. 

Their    oaths 
of  office,  &c. 


Agents    to   be 
emploved    for 
each   board   of 
commissioners. 

Their   com- 
pensations   not 
to  exceed   1500 
dollars  each. 

Their  duties. 
Agent  for  the 
district  of  Lou- 
isiana to  collect 
information 
concerning  the 
title  to  the  lead 
mines,  and  lay 
it  before  the 
commissioners. 

Board  of  com- 
missioners to 
employ  a  trans- 
lator, to  assist 
in  the  despatch 
of  business,  and 
to  record  Span- 


The  said  boards  respectively  shall  have  power  to  appoint  a  clerk,  whose 
duty  it  shall  be  to  enter  in  a  book  to  be  kept  for  that  purpose,  full  and 
correct  minutes  of  their  proceedings  and  decisions,  together  with  the 
evidence  on  which  such  decisions  are  made,  which  books  and  papers, 
on  the  dissolution  of  the  boards,  shall  be  deposited  in  the  respective 
offices  of  the  registers  of  the  land-offices,  or  of  the  recorder  of  land 
titles  of  the  district;  and  the  said  clerk  shall  prepare  two  transcripts  of 
all  the  decisions  made  by  the  commissioners  in  favour  of  the  claimants 
to  land ;  both  of  which  shall  be  signed  by  a  majority  of  the  said  com- 
missioners, and  one  of  which  shall  be  transmitted  to  the  officer  exercising 
in  the  district  the  authority  of  surveyor-general;  and  the  other  to  the 
Secretary  of  the  Treasury.  It  shall  likewise  be  the  duty  of  the  said 
commissioners,  to  make  to  the  Secretary  of  the  Treasury  a  full  report 
of  all  the  claims  filed  with  the  register  of  the  proper  land-office,  or 
recorder  of  land  titles,  as  above  directed,  which  may  have  been  rejected, 
together  with  the  substance  of  the  evidence  adduced  in  support  thereof, 
and  such  remarks  thereon  as  they  may  think  proper;  which  reports, 
together  with  the  transcripts  of  the  decisions  of  the  commissioners  in 
favour  of  the  claimants,  shall  be  laid  by  the  Secretary  of  the  Treasury 
before  Congress,  at  their  next  ensuing  meeting.  When  any  Spanish  or 
French  grant,  warrant,  or  order  of  survey,  as  aforesaid,  shall  be  pro- 
duced to  either  of  the  said  boards,  for  lands,  which  were  not  at  the 
date  of  such  grant,  warrant,  or  order  of  survey,  or  within  one  year 
thereafter,  inhabited,  cultivated,  or  occupied,  by  or  for  the  use  of  the 
grantee ;  or  whenever  either  of  the  said  boards  shall  not  be  satisfied 
that  such  grant,  warrant,  or  order  of  survey,  did  issue  at  the  time  when 
the  same  bears  date,  but  that  the  same  is  antedated  or  otherwise  fraudu- 
lent; the  said  commissioners  shall  not  be  bound  to  consider  such  grant, 
warrant,  or  order  of  survey,  as  conclusive  evidence  of  the  title,  but  may 
require  such  other  proof  of  its  validity  as  they  may  deem  proper.  Each 
of  the  commissioners  and  clerks  aforesaid,  shall  be  allowed  a  compen- 
sation of  two  thousand  dollars  in  full  for  his  services  as  such;  and  each 
of  the  said  clerks  shall,  previous  to  his  entering  on  the  duties  of  his 
office,  take  and  subscribe  the  following  oath  or  affirmation,  to  wit:  ''I 
do  solemnly  swear,  (or  affirm,)  that  I  will  truly  and 
faithfully  discharge  the  duties  of  a  clerk  to  the  board  of  commissioners, 
for  examining  the  claims  to  land,  as  enjoined  by  an  act  of  Congress, 
intituled  *An  act  ascertaining  and  adjusting  the  titles  and  claims  to 
land  within  the  territory  of  Orleans,  and  the  district  of  Louisiana.'" 
Which  oath  or  affirmation  shall  be  entered  on  the  minutes  of  the  board. 
Sec.  6.  And  he  it  further  enacted.  That  the  Secretary  of  the  Treasury 
shall  be,  and  he  is  hereby  authorized  to  employ  three  agents,  one  for 
each  board,  and  whose  compensation  shall  not  exceed  one  thousand  five 
hundred  dollars  each,  for  the  purpose  of  appearing  before  the  commis- 
sioners, in  behalf  of  the  United  States,  to  investigate  the  claims  for 
lands,  and  to  oppose  all  such  as  said  agents  may  deem  fraudulent  and 
unfounded.  It  shall  also  be  the  duty  of  the  said  agent  for  the  district 
of  Louisiana,  to  examine  into  and  investigate  the  titles  and  claims,  if 
any  there  be,  to  the  lead  mines  within  the  said  district,  to  collect  all  the 
evidence  within  his  power,  with  respect  to  the  claims  to,  and  value  of 
the  said  mines,  and  to  lay  the  same  before  the  commissioners,  who  shall 
make  a  special  report  thereof,  with  their  opinions  thereon,  to  the  Secre- 
tary of  the  Treasury,  to  be  by  him  laid  before  Congress,  at  their  next 
ensuing  session.  The  said  board  of  commissioners  shall  each  be  autho- 
rized to  employ  a  translator  of  the  Spanish  and  French  languages,  to 
assist  them  in  the  despatch  of  the  business  which  may  be  brought  before 
them,  and  for  the  purpose  of  recording  Spanish  and  French  grants, 
deeds,  or  other  evidences  of  claims  on  the  registers'  books.  The  said 
translator  shall  receive,  for  the  recording  done  by  him,  the  fees  already 


EIGHTH  CONGRESS.    Sess.  H.  Ch.  27.     1S35. 


329 


provided  by  law,  and  may  be  allowed,  not  exceeding  fifly  dollars,  for 
every  month  he  shall  be  employed;  provided  that  the  whole  compensa- 
tion, other  than  that  arising  from  fees,  shall  not  exceed  six  hundred 
dollars. 

Sec.  7.  And  be  it  further  enacted,  That  the  powers  vested  by  law  in 
the  surveyor  of  the  lands  of  the  United  States,  south  of  the  state  of  Ten- 
nessee, shall  extend  over  all  the  public  lands  of  the  United  States,  to 
which  the  Indian  title  has  been,  or  shall  hereafler  be  extinguished,  within 
the  said  territory  of  Orleans;  and  it  shall  be  the  duty  of  the  said  surveyor 
to  cause  such  of  the  said  lands,  as  the  President  of  the  United  States 
shall  expressly  direct,  to  be  surveyed,  and  divided,  as  nearly  as  the  na- 
ture of  the  country  will  admit,  in  the  same  manner,  and  under  the  same 
regulations  as  is  provided  by  law,  in  relation  to  the  lands  of  the  United 
States  northwest  of  the  river  Ohio,  and  above  the  mouth  of  Kentucky 
river. 

Sec.  8.  And  he  it  further  enacted.  That  the  location,  or  locations  of 
lands  which  Major  General  La  Fayette  is  by  law  authorized  to  make  on 
any  lands,  the  property  of  the  United  States,  in  the  territory  of  Orleans, 
shall  be  made  with  the  register  or  registers  of  the  land-offices  established 
by  this  act  in  the  said  territory :  the  surveys  thereof  shall  be  executed 
under  the  authority  of  the  surveyor  of  the  lands  of  the  United  States, 
south  of  Tennessee;  and  a  patent  or  patents  therefor  shall  issue,  on 
presenting  such  surveys  to  the  Sepretary  of  the  Treasury,  together  with 
a  certificate  of  the  proper  register,  or  registers,  stating  that  the  land  is 
not  rightfully  claimed  by  any  other  person :  Provided,  that  no  location 
or  survey  made  by  virtue  of  this  section  shall  contain  less  than  one  thou- 
sand acres,  nor  include  any  improved  lands  or  lots,  salt  spring  or  lead 
mine. 

Sec.  9.  And  he  it  further  enacted,  That  a  sum  not  exceeding  fifty 
thousand  dollars,  to  be  paid  out  of  any  unappropriated  monies  in  the 
treasury,  be,  and  the  same  is  hereby  appropriated  for  the  purpose  of  car- 
rying this  act  into  effect. 

Approved,  March  2,  1805. 


ith   or   French 
claima.  &c. 

Feet  to  the 
translator. 

Powers  of  the 
surveyor    of 
lands  south   of 
the    state   of 
Tennessee  to 
extend    over 
those  of  the  U. 
States,  &c. 

Made  his  duty 
to  cause  these 
lands  to  be  sur- 
Toved  and  di- 
vided. 


Gen.  La  Fay- 
ette's locations. 


How    and 
where   to  be 
made. 

Proviso. 


Appropriation 
for  carrying  this 
law  into  effect. 


Statxttk  II. 


Chap.  XXVIL— btfn  Act  to  authorize  the  Secretary  </  War  to  iuue  military  land   March  2,  1805, 
warrantt,  and  for  other  purpoeee. 


Be  it  enacted  hy  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  the  Secretary  of  War  be, 
and  he  hereby  is  authorized  from  and  after  the  passing  of  this  act,  to 
issue  warrants  for  military  bounty  lands  to  the  sixty-three  persons  who 
have  exhibited  their  claims,  and  produced  satisfactory  evidence  to  sub- 
stantiate the  same,  to  the  Secretary  of  War ;  and  also,  to  such  persons 
as  shall,  before  the  first  day  of  April  next,  produce  to  him  satisfactory 
evidence  of  the  validity  of  their  claims,  in  pursuance  of  the  act  of  the 
twenty-sixth  of  April,  eighteen  hundred  and  two,  intituled  <'An  act  in 
addition  to  an  act,  intituded  An  act  in  addition  to  an  act,  regulating  the 
grants  of  land  appropriated  for  military  services,  and  for  the  society  of 
the  United  Brethren  for  propagating  the  gospel  among  the  heathen." 

Sec.  2.  And  be  it  further  enacted.  That  the  holders  or  proprietors 
of  the  land  warrants  issued  by  virtue  of  the  preceding  section,  shall  and 
may  locate  their  respective  warrants  only  on  any  unlocated  parts  of  the 
fifty  quarter  townships,  and  the  fractional  quarter  townships,  which  had 
been  reserved  for  original  holders,  by  virtue  of  the  fifth  section  of  an  act, 
intituled  ''An  act  in  addition  to  an  act,  entituled  An  act  regulating  the 
grants  of  land  appropriated  for  military  services,  and  for  the  society  of 
the  United  Brethren  for  propagating  the  gospel  among  the  heathen." 

Sec.  3.  And  he  it  further  enactSi,  That  the  act,  intituled  ''An  act  in 
addition  to  an  act,  intituled  An  act  in  addition  to  an  act,  regulating  the 

Vox ,  II.— 42  2  E  2 


Act    of  May 
18, 1796,  ch.  29. 


Act  of  April 
16, 1806,  ch.  24. 

Secretary   of 
war  authorised 
to    issue    war. 
rants    for    mili- 
tary bounty  land 
to  certain  per- 
sons   referred 
to;  and  to  others 
producing  satis- 
factory   evi- 
dence  of  their 
claims  before 
the    1st    April, 
&c. 

Where   the 
foregoing   war* 
rants    may    be 
located. 

1802,  ch.  30. 


Former  act 
continaed    in 


EIGHTH  CONGRESS.    Sess.  H.  Ch.  26, 29,  30.    1805. 


force  antil  the 
1ft  March. 


1802,  ch.  30. 


grants  of  lands  appropriated  for  militarj  senrices,  and  for  the  society  of 
Uie  United  Brethren  for  propagating  the  gospel  among  the  heathen/' 
approved  the  twenty-sixth  day  of  April,  eighteen  hundred  and  two,  be, 
and  the  same  is  hereby  continued  in  force  until  the  first  day  of  March, 
eighteen  hundred  and  six. 
Approved,  March  2,  1805. 


Statute  II. 

March  2,  1805. 

Act  of  June 
20, 1790,  ch.  29. 

Regulations 
of  the  8th  sec- 
tion oF  the  act 
referred  to,  so 
far  as  that  sec- 
tion  relates  to  a 
medicine  chest 
for  a  vessel  of 
150  tons,  ex- 
tended to  small- 
er vessels,  &c. 

Statute  II.  •^^— — 

March  2,  1805.    Chap.  XXIX.— .^fi  Jd  to  c^ropriaU  a  aum  (f  money  for  the  purpose  cf  build' 
~  tfig  Gun  BoaU» 

Appropriation  Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
munbcr"  of**  *  ^°^^^  ^  -4m«rtca  in  Congress  assembled.  That  the  sum  of  sixty  thousand 
noro^er  o  gun  ||Q]]||fg  [^^  ^^^^  ^y^^  same  is  hereby  appropriated,  to  be  paid  out  of  any 
money  in  the  treasury,  not  otherwise  appropriated,  for  the  purpose  of 
enabling  the  President  to  cause  to  be  built  a  number  of  gun  boats,  not 
exceeding  twenty-live,  for  the  better  protection  of  the  ports  and  harbors 
of  the  United  States. 

Approved,  March  2,  1805. 
Statute  II.  


CHAP.XXyiII.^-^fi.ie<  to  amend  the  aet^  intituled  **Jn  odfor  the  government 
and  regulation  cf  uamen  in  the  merehantM*  Mrotce.** 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  all  the  provisions,  regu- 
lations, and  penalties  which  are  contained  in  the  eighth  section  of  the 
act,  intituled  <<An  act  for  the  government  and  regulation  of  seamen  in 
the  merchants'  service,"  so  far  as  relates  to  a  chest  of  medicines  to  be 
provided  for  vessels  of  one  hundred  and  fifty  tons  burthen  and  upwards, 
shall  be  extended  to  all  merchant  vessels  of  the  burthen  of  seventy-five 
tons,  or  upwards,  navigated  with  six  persons  or  more,  in  the  whole,  and 
bound  from  the  United  States  to  any  port  or  ports  in  the  West  Indies. 

Approved,  March  2,  1805. 


March  2,  1805. 


President  an- 
thorised  to  grant 
permission  for 
opening  and  im- 
proving a  road 
from  BrooUjrn 
ferry,  &c.,  in 
New  York,  to 
erect  a  bridge 
across  a  part  of 
the  navy  yard 
of  the  U.  S.  in 
•aid  town,  kc. 

Proviso. 


Proviso. 


Chap.  XXX.^-.^n  Jet  to  authorize  the  erection  of  a  bridge  aeron  a  miU  pond  and 
marah  in  the  Navy  Yard,  belonging  to  the  Viuted  Stata^  in  the  toum  cf  Brook- 
lyn, in  the  ataie  cf  New  York. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  President  of  the 
United  States  be,  and  he  hereby  is  authorized,  by  a  proper  instrument 
in  writing  under  his  hand,  in  due  form,  to  grant  to  such  person  or  per- 
sons, or  body  corporate,  by  their  proper  name  of  incorporation,  as  shall 
be  authorized  by  an  act  of  the  legislature  of  the  state  of  New  York,  to 
open  and  improve  a  road  from  Brooklyn  ferry,  in  that  state,  along  the 
shore  of  the  Wallaboght,  to  Bushwick,  to  erect  a  bridge  across  the  mill 
pond  and  marsh,  being  part  of  the  navy  yard  belonging  to  the  United 
States,  in  the  said  town  of  Brooklyn,  and  to  maintain  such  bridge  under 
such  restrictions  and  on  such  conditions  as  he  shall  prescribe :  Provided 
nevertheless,  that  i^at  any  future  time,  it  shal]  appear  to  the  President  of 
the  United  States,  that  the  property  of  the  United  States  is  injured  by 
such  bridge,  he  may  revoke  the  permission  granted  by  him  for  erecting 
the  same : 

And  provided  also,  That  no  toll  shall  be  demanded  at  any  time  for  any 
article  the  property  of  the  United  States  which  may  be  conveyed  to  or 
for  their  use,  over  or  across  the  said  bridge,  or  from  any  person  or  per- 
sons employed  in  the  said  nary  yard,  who  may  pass  or  repass  on  the 
said  bridge. 

Approved,  March  2,  1805. 


EIGHTH  CONGRESS.  Sbss.  H.  Ch.  31.    1805. 


331 


Cbap.  XXXI.— sdrn  Jid  further  providing  for  the  government  if  the  district  of 

Louinana.{a) 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  all  that  part  of  the  coun- 
try ceded  by  France  to  the  United  States,  under  the  general  name  of 
Louisiana^  which,  by  an  act  of  the  last  session  of  Congress,  was  erected 
into  a  separate  district,  to  be  called  the  district  of  Louisiana,  shall  hence- 
forth be  known  and  designated  by  the  name  and  title  of  the  Territory  of 
Louisiana,  the  government  whereof  shall  be  organized  and  administered 
«s  follows: 

The  executive  power  shall  be  vested  in  a  governor,  who  shall  reside 
in  said  territory,  and  hold  his  office  during  the  term  of  three  years,  un- 
less sooner  removed  by  the  President  of  the  United  States.  He  shall  be 
commander  in  chief  of  the  militia  of  the  said  territory,  superintendent 
ex  officio  of  Indian  affiiirs,  and  shall  appoint  and  commission  all  officers 
in  the  same,  below  the  rank  of  general  officers ;  shall  have  power  to 
grant  pardons  for  offences  against  the  same,  and  reprieves  for  those 
against  the  United  States,  until  the  decision  of  the  President  thereon 
shall  be  known. 

Sec.  2.  There  shall  be  a  secretary,  whose  commission  shall  continue 
in  force  for  four  years,  unless  sooner  revoked  by  the  President  of  the 
United  States,  who  shall  reside  in  the  said  territory,  and  whose  duty  it 
shall  be,  under  the  direction  of  the  governor,  to  record  and  preserve  all 
the  papers  and  proceedings  of  the  executive,  and  all  the  acts  of  the 
governor  and  of  the  legislative  body,  and  transmit  authentic  copies  of  the 
same  every  six  months,  to  the  President  of  the  United  States.  In  case 
of  a  vacancy  of  the  office  of  governor,  the  government  of  the  said  terri- 
tory shall  be  exercised  by  the  secretary. 

Sec.  3.  The  legislative  power  shall  (be)  vested  in  the  governor  and 
in  three  judges,  or  a  majority  of  them,  who  shall  have  power  to  establish 
inferior  courts  in  the  said  territory,  and  prescribe  their  jurisdiction  and 
duties,  and  to  make  all  laws  which  they  may  deem  conducive  to  the 
good  government  of  the  inhabitants  thereof:  Provided  however,  that  no 
law  shall  be  valid  which  is  inconsistent  with  the  constitution  and  laws 
of  the  United  States,  or  which  shall  lay  any  person  under  restraint  or 
disability  on  account  of  his  religious  opinions,  profession,  or  worship,  in 
all  of  which  he  shall  be  free  to  maintain  his  own  and  not  be  burthened 
with  those  of  another.  And  provided  also,  that  in  all  criminal  prosecu- 
tions, the  trial  shall  be  by  a  jury  of  twelve  good  and  lawful  men  of  the 
vicinage,  and  in  all  civil  cases  of  the  valae  of  one  hundred  dollars,  the 
trial  shall  be  by  jury,  if  either  of  the  parties  require  it.  And  the  go- 
vernor shall  publish  throughout  the  said  territory,  all  the  laws  which  may 
be  made  as  aforesaid,  and  shall  from  time  to  time  report  the  same  to  the 
President  of  the  United  States,  to  be  laid  before  Congress,  which,  if  dis- 
approved of  by  Congress,  shall  thenceforth  cease  and  be  of  no  effect. 

Sec.  4.  There  shall  be  appointed  three  judges,  who  shall  hold  their 
offices  for  the  term  of  four  years,  who,  or  any  two  of  them,  shall  hold 
annually  two  courts  within  the  said  district,  at  such  place  as  will  be 
most  convenient  to  the  inhabitants  thereof  in  general :  shall  possess  the 
same  jurisdiction  which  is  possessed  by  the  judges  of  the  Indiana  terri- 
tory, and  shall  continue  in  session  until  all  the  business  depending  before 
them  shall  be  disposed  of. 

Sec.  5.  And  be  it  further  enacted.  That  for  the  more  convenient 
distribution  of  justice,  the  prevention  of  crimes  and  injuries,  and  execu- 
tion of  process  criminal  and  civil,  the  governor  shall  proceed  from  time 


Statute   II. 
March  3, 1806. 


District   of 
Loaiaiana 
changed    into 
that  of  the  tern- 
tory  of  Louiai- 
ana,  with  a  dif- 
ferent   goTern- 
ment. 

1804,  ch.  88. 

ExecutiTO 
power  veated  in 
a  governor. 

How  appoint- 
ed,  &C. 


Hia  powers 
and  authoritiof. 


Secretary    to 
be  appointed— 

Hi8dotiei,lEe. 


Legislative 
powers,  in 
whom  and  how 
vested. 

No  law  to  be 
valid  if  incon- 
sistent with  the 
constitation  and 
laws  of  the  Uni- 
ted Sutes. 

All  criminal 
trials  shall  be  by 
jury. 

Laws   to  be 

{mblished  and 
aid  before  Con- 
gress, and  if  dis- 
approved of  by 
Congress  to 
cease. 

Judges  to  be 
appointed,  to 
hold  their  of- 
fices   for    four 
years,  to  hold 
two  courts  in  a 
year. 
At  what  place. 
Their   juris- 
diction. 

Governor  to 
lay  out  the  ter- 
ritory into  dis- 
tricts, &c. 


(^  By  the  act  of  June  4,  1812,  chap.  95,  entitled,  "  An  act  for  providing  for  the  government  of  the 
territory  of  Missouri,"  the  territory  of  Louisiana  shall  be  called  "  Bflissouri." 


332 


EIGHTH  CONGRESS.    Skss.  U.  Ch.  ^.    180S. 


To    appoint 
magistratea,  &c. 
for  the  tame. 


Compentations 
of  the  Gover- 
nor, &c. 


Oaths  of  of. 
fice  of  the  6ot- 
ernor»  &c. 

Before  whom 
t}ie  oathfl  of  of- 
fice   tball    be 
taken. 


Governor,  &c. 
to  be  appointed 
by  the  President 
during  the  re- 
cess of  the  Se- 
nate ;  but  to  be 
nominated  by 
him  at  the  next 
succeeding  ses- 
sion for  tlM  Se- 
nate's concur- 
rence. 

Laws  in  force 
to  continue  in 
force,  unless 
they  be  incon- 
sistent with  the 
act. 

Repeal  of  part 
of  a  former  law. 

Act  of  March 
26,  lS04,ch.38. 

Statute  II. 


to  time  as  circumstances  may  require,  to  lay  out  those  parts  of  the  ter- 
ritory in  which  the  Indian  title  shaJl  have  been  extinguished^  into  dis- 
tricts, subject  to  such  alteration  as  may  be  found  necessary ;  and  he 
shall  appoint  thereto  such  magistrates  and  other  civil  officers  as  he  may 
deem  necessary,  whose  several  powers  and  authorities  shall  be  regulated 
and  defined  by  law. 

Sec.  6.  And  be  it  ftarther  enacted^  That  the  governor,  secretary  and 
judges,  to  be  appointed  by  virtue  of  this  act,  shall  respectively  receive 
the  same  compensations  for  their  services  as  are  by  law  established  for 
similar  offices  in  the  Indiana  territory,  to  be  paid  quarter  yearly  out  of 
the  treasury  of  the  United  States. 

Sec.  7.  And  he  it  further  enacted^  That  the  governor,  secretary, 
judges,  justices  of  the  peace,  and  all  other  officers  civil  or  military,  be- 
fore they  enter  upon  the  duties  of  their  respective  offices,  shall  take  an 
oath,  or  affirmation,  to  support  the  constitution  of  the  United  States,  and 
for  the  faithful  discharge  of  the  duties  of  their  office ;  the  governor  before 
the  President  of  the  United  States,  or  before  a  judge  of  the  supreme  or 
district  court  of  the  United  States,  or  before  such  other  person  as  the 
President  of  the  United  States  shall  authorize  to  administer  the  same ; 
the  secretary  and  judges  before  the  governor;  and  all  other  officers 
before  such  person  as  the  governor  shall  direct. 

Sec.  8.  And  he  it  further  enacted.  That  the  governor,  secretary,  and 
judges,  to  be  appointed  by  virtue  of  this  act,  and  all  the  additional 
officers  authorized  thereby,  or  by  the  act  for  erecting  Louisiana  into  two 
territories,  and  providing  for  the  temporary  government  thereof,  shall 
be  appointed  by  the  President  of  the  United  States,  in  the  recess  of  the 
Senate,  but  shall  be  nominated  at  their  next  meeting  for  their  advice 
and  consent. 

Sec.  9.  And  he  it  further  enacted,  That  the  laws  and  regulations,  in 
force  in  the  said  district,  at  the  commencement  of  this  act,  and  not  in- 
consistent with  the  provisions  thereof,  shall  continue  in  force,  until 
altered,  modified,  or  repealed  by  the  legislature. 

Sec.  10.  And  be  it  further  enacted,  That  so  much  of  an  act,  inti- 
tuled ''An  act  erecting  Louisiana  into  two  territories,  and  providing  for 
the  temporary  government  thereof,"  as  is  repugnant  to  this  act,  shall, 
from  and  afler  the  fourth  day  of  July  next,  be  repealed,  on  which  said 
fourth  day  of  July,  this  act  shall  commence  and  have  full  force. 

Approved,  March  3, 1805. 


March  3, 1805. 

Corporation  of 
Georgetown  di- 
vided into  two 
branches,  afler 
the  2nd  Monday 
in  March. 

The  first,  how 
constituted. 

The    second, 
how  constituted. 

Members  of 
the  corporation 
forthwitn  to 
choose  by  ballot 
out  of  their  own 
body,  the  board 
of  aldermen,  or 
1st  branch. 

Term  of  their 
service. 

Present   re- 
corder to  be  the 


Chap.  XXXII. — ^n  Jet  to  amend  the  charter  of  Georgetown, 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  from  and  aAer  the 
second  Monday  in  March  current,  the  corporation  of  Georgetown,  in  the 
district  of  Columbia,  shall  be  divided  into  two  branches ;  the  first  branch 
to  be  composed  of  five  members,  and  a  recorder,  and  to  be  called  *'  the 
board  of  aldermen ;"  and  the  second  branch  to  be  composed  of  eleven 
members,  and  to  be  called  "  the  board  of  common  council-men ;"  which 
said  two  branches  shall  be  elected  as  hereafter  particularly  provided. 

Sec.  2.  And  be  it  further  enacted.  That  afler  the  passage  of  this  act, 
and  before  the  said  day  above  mentioned,  the  present  members  of  the 
said  corporation  shall  meet  at  their  usual  place  of  meeting,  and  then  and 
there  choose,  by  ballot,  from  their  body,  five  persons  to  compose  the  said 
board  of  aldermen,  which  said  persons,  when  chosen  as  aforesaid,  shall 
compose  the  said  board  of  aldermen,  and  be,  and  continue  such,  until 
the  fourth  Monday  in  February,  one  thousand  eight  hundred  and  six; 
and  that  the  present  recorder  of  the  said  corporation  shall  be  the  presi- 
dent of  the  said  board  of  aldermen  until  the  time  last  aforesaid :  that 


ElGHl'H  CONGRESS.    Sess.  II.  Ch.  32.    1805. 


333 


the  other  members  of  the  said  corporation,  (except  the  mayor,)  shall 
compose  the  said  second  branch,  called  the  board  of  common  council- 
men,  and  be  and  continue  such,  until  the  time  aforesaid,  and  shall  choose 
out  of  their  own  body  a  president,  to  be  and  continue  such  until  the 
time  aforesaid ;  and  when  thus  organized,  said  corporation  shall  have, 
exercise,  and  possess,  all  the  powers  and  rights  now  vested  in  the  said 
corporation,  and  to  be  herein  and  hereby  vested  in  them. 

Sec.  3.  And  be  it  further  enacted,  That  the  present  mayor  of  the 
corporation  of  Georgetown,  shall  be,  and  continue  such,  until  the  first 
Monday  of  January  next 

Sec.  4.  And  be  it  further  enacted,  That  on  the  fourth  Monday  of 
February  next,  the  free  white  male  citizens  of  Georgetown,  of  full  age, 
and  having  resided  within  the  town  aforesaid,  twelve  months  previously, 
and  having  paid  tax  to  the  corporation,  shall  assemble  at  a  place  to  be 
appointed,  as  hereafter  directed,  and  then  and  there  shall  proceed  to 
elect,  by  ballot,  five  fit  and  proper  persons,  citizens  of  the  United  States, 
and  residents  of  the  said  town,  one  whole  year  next  before  the  said  day 
of  election,  above  twenty-one  years  of  age,  and  having  paid  a  tax  to  said 
corporation,  to  compose  the  said  board  of  aldermen ;  and  shall  also,  at 
the  same  time,  proceed  as  aforesaid,  to  elect  eleven  fit  and  proper  per- 
sons, having  the  qualifications  last  aforesaid,  to  compose  the  said  board 
of  common  council ;  the  said  board  of  aldermen  to  continue  two  years, 
and  the  said  board  of  common  council  to  continue  one  year :  and  the 
said  mayor,  together  with  such  other  fit  persons  as  shall  be  named  and 
appointed  by  £e  said  corporation,  shall  be  judges  of  the  election,  and 
the  five  persons  voted  for  as  aldermen,  who  shall  have  the  greatest  num- 
ber of  legal  votes,  on  the  final  casting  up  of  the  polls,  shall  be  declared 
duly  elected  for  the  board  of  aldermen :  and  the  eleven  persons  voted 
for  as  common  council,  who  shall  have  the  greatest  number  of  legal 
votes  upon  the  final  casting  up  of  the  polls,  shall  be  declared  duly  elected 
for  the  board  of  common  council ;  and  that  the  like  election  for  aldermen 
be  held  on  the  fourth  Monday  in  February,  every  two  years  thereafter ; 
and  for  the  said  common  council,  on  the  said  fourth  Monday  in  Febru- 
ary, annually,  for  ever  thereafter. 

Sec.  5.  And  be  it  further  enacted.  That  on  the  first  Monday  of 
January  next,  and  on  the  same  day,  annually,  for  ever  thereafter,  the 
said  corporation  shall,  by  a  joint  ballot  of  the  said  two  branches  present, 
choose  some  fit  and  proper  person  to  be  mayor  of  the  said  corporation, 
and  some  (it  and  proper  person,  learned  in  the  law,  to  be  the  recorder 
of  the  said  corporation,  to  continue  in  ofiice  one  year. 

Sec.  6.  And  be  it  further  enacted.  That  the  said  mayor,  before  he 
acts  as  such,  and  the  said  recorder,  before  he  acts  as  such,  shall,  respec- 
tively, make  oath,  before  some  justice  of  the  peace,  for  the  county  of 
Washington  aforesaid,  in  the  presence  of  both  branches  of  the  said  cor- 
poration, that  he  will  well  and  faithfully  discharge  the  several  and  re- 
spective duties  of  his  office;  and  that  each  member  of  the  said  two 
branches  shall,  before  he  acts  as  such,  in  the  presence  of  the  corpora- 
tion, take  an  oath  to  discharge  the  duties  and  trust  reposed  in  him, 
with  integrity  and  fidelity. 

Sec.  7.  And  be  it  further  enacted.  That  four  members  of  the  board 
of  aldermen,  and  seven  members  of  the  board  of  common  council, 
shall  form  a  quorum  to  do  business:  the  said  corporation  shall  hold  two 
sessions  in  each  year;  one  to  commence  on  the  first  Monday  in  March, 
and  the  other  on  the  first  Monday  in  December,  with  power  to  adjourn 
from  day  to  day,  to  be  held  at  such  place  as  the  mayor  may  designate, 
not  otherwise  provided  for  by  ordinance :  Provided  always,  that  the 
mayor  shall  have  power,  on  urgent  occasions,  to  convene  said  corpora- 
tion, on  application  of  at  least  five  members,  in  writing,  giving  reason- 
able notice  of  such  intended  meeting. 


uretident  of  the 
Doard  of  alder, 
men. 

3nd  branch  or 
board  of  com- 
mon  council' 
men,  to  be  com- 
posed of  the 
other  members 
of  the  corpora- 
tion. 

Powers,  ^. 

An  election 
to  be  held. 

Qualifications 
of  the  voters. 


For  the  board 
of  aldermen, 
and  of  that  of 
the    common 
council-men. 


Term  of  the 
service    of  the 
members    of 
each  Board. 

Mayor,  kc.  to 
be  judges  of  tlie 
elections. 


Annual  and 
biennial  elec- 
tions for  the  al- 
dermen and 
common  coun. 
cil-men,  to  be 
held. 

Two  branch, 
es,  by  joint 
votes,  to  mako 
annual  appoint, 
ments  of  a 
mayor  and  re. 
conier. 

Oaths  of  of. 
fice,  kc. 


Quorums   for 
doing  business. 


Semi-annual 
sessions  to    be 
held. 


Proviso. 


334 


EIGHTH  CONGRESS.    Sess.  H.  Ch.  22.    1805. 


The  two 
branchet  to  be 
judges    of  the 
elections    and 
returns  of  their 
own    memberSy 

Ordinances 
nay  originate  in 
either    oranch, 
but  must  be  ap- 
proved  of  by  the 
mayor    to    be- 
come  laws ;  if 
approved  of  to 
be   signed   by 
him.    If  disap. 
proved  of,  to  be 
returned    with 
.  his  objections  in 
writing,  &c.  up- 
on a  reconaide- 
ration,  on  a  ma- 
jority of  two 
thirds,  to  be- 
come laws. 

Clerk  of  the 
corporation  to 
record  the  laws 
and  resolutions 
and  to  have 
them  published. 

Recorder  to 
have  a  casting 
vote. 

Same    power 
given    to    the 
President  of  the 
2nd  branch. 

Mayor  to  see 
that  the  laws  be 
executed,    kc, 
&c. 

Delinquents 
may  be  removed 
from   office    by 
the  corporation. 

Mayor  to  lay 
before  the  cor- 
poration, in 
writing,  such  al- 
terations  in  the 
laws,  as  he  may 
deem  necessa- 
ry ;  to  exercise 
the  powers  of  a 
justice  of  the 
peace,  and  to 
receive  an  an- 
nual  compensa- 
tion. 

Qualifications 
of  tlie  Mayor. 

Vacancies  in 
cither  branch, 
how  to  be  sup- 
plied. 

Corporation 
to  fill  the  vacan- 
cies in  the  offi- 
ces   of  mayor 
and  recorder. 

Specific  pow- 
ers of  the  cor- 
poration. 


Sec.  8.  And  be  it  Jurther  enacted,  That  each  of  the  said  branches 
shall  judge  of  the  elections,  qualifications  and  returns  of  its  own  mem- 
bers, and  may  compel  the  attendance  of  the  members  of  each  branch 
by  reasonable  penalties :  and  either  branch  shall  have  power  to  appoint 
their  president,  pro  tempore,  in  case  of  the  absence  of  the  one  duly 
chosen,  as  aforesaid.  Any  ordinance  may  originate  in  either  branch,  and 
no  ordinance  shall  be  passed,  but  by  a  majority  of  both  branches,  nor 
unless  it  shall  pass  both  branches  during  the  same  session,  and  be 
approved  of  by  the  mayor,  who  shall  sign  the  same,  unless  he  objects 
thereto,  within  forty-eight  hours  from  the  time  the  same  is  presented  to 
him  for  signature ;  if  he  does  so  object,  he  shall  immediately  return  the 
same  to  the  said  corporation,  with  his  objections,  in  writing,  and  if  on 
reconsideration,  two  thirds  of  each  branch  of  the  corporation  shall  be 
of  opinion  that  the  said  law  ought  to  be  passed,  it  shall,  notwithstanding 
the  objections  of  the  mayor,  become  a  law;  and  he  shall  sign  the  same; 
if  the  said  mayor  shall  not  return  his  objections  to  the  same,  to  the  said 
corporation,  within  the  time  aforesaid,  it  shall  become  a  law,  and  shall 
be  signed  by  him ;  the  clerk  of  the  corporation  shall  record  in  a  book 
to  be  kept  by  him  for  that  purpose,  all  the  laws  and  resolutions  which 
shall  be  passed  as  aforesaid,  and  deliver  a  copy  of  them  to  the  public 
printer,  to  be  printed  by  him  for  the  use  of  the  people. 

Sec.  9.  And  be  it  jvrther  enacted,  That  in  case  the  aldermen  com- 
posing the  first  branch  shall,  at  any  time,  on  any  question  before  them, 
be  equally  divided,  the  recorder  shall  have  the  casting  vote,  and  deter- 
mine such  question  to  the  same  effect  as  if  the  same  had  been  determined 
by  a  majority  of  the  aldermen  present;  and  similar  power  is  hereby  given 
to  the  president  of  the  second  branch  in  case  of  an  equal  division  in 
that  body. 

Sec.  10.  And  be  it  Jvrther  enacted,  That  it  shall  be  the  duty  of  the 
mayor  to  see  that  the  laws  of  the  corporation  be  duly  executed,  and  to 
report  the  negligence  or  misconduct  of  any  officer  to  the  said  corpora- 
tion, who  on  satisfactory  proof  thereof,  may  remove  from  office  the  said 
delinquent,  or  take  such  other  measures  thereupon  as  shall  be  just  and 
lawful;  he  shall  lay  before  the  said  corporation,  from  time  to  time,  in 
writing,  such  alterations  in  the  laws  of  the  said  corporation  as  he  shall 
deem  necessary  and  proper;  he  shall  have  and  exercise  the  powers  of  a 
justice  of  the  peace  in  the  said  town,  and  shall  receive  for  his  services, 
annually,  a  just  and  reasonable  compensation,  to  be  allowed  and  fixed 
by  the  said  corporation ;  no  person  shall  be  eligible  to  the  said  oflice  of 
mayor  unless  a  citizen  of  the  United  States,  of  the  age  of  thirty  years, 
a  resident  of  the  said  town  for  five  years  then  last  past,  and  unless  he 
shall  have  paid  a  tax  to  said  corporation. 

Sec.  11.  And  be  it  further  enacted,  That  in  case  of  a  vacancy  in 
either  branch  of  the  said  corporation,  by  death,  removal,  or  otherwise, 
of  either  of  the  members,  a  fit  person  or  persons  qualified,  as  aforesaid, 
shall  be  elected  by  the  people,  in  the  manner  aforesaid,  to  fill  such  vacancy 
immediately  thereafter;  the  mayor  giving  however  at  least  five  day^ notice 
of  such  election :  and  in  case  of  the  vacancy  of  the  mayor  or  recorder, 
the  said  corporation  shall,  within  five  days  thereafter,  as  herein  before 
directed,  proceed  to  the  choice  of  a  fit  person  or  persons,  qualified,  as 
aforesaid,  to  fill  his  or  their  place. 

Sec.  152.  And  be  it  Jurther  enacted,  That  the  said  corporation  shall 
have  power  to  impose  a  tax,  not  exceeding  in  any  one  year,  fifty  cents 
in  the  hundred  dollars,  on  all  property  within  the  said  town ;  and  the 
sessions  of  the  said  corporation  shall  be  held  as  heretofore,  until  the 
said  second  Monday  in  March  current ;  and  the  said  corporation  shall 
have,  possess  and  enjoy,  all  the  rights,  immunities,  privileges  and  powers 
heretofore  enjoyed  by  them ;  and  shall  be  caUed  by  the  same  name  as 
heretofore,  and  shall  have  perpetual  succession ;  and  in  addition  thereto, 


EIGHTH  CONGRESS.    Smb.  II.  Ca.  92.    1805. 


335 


they  shall  have  power  to  regulate  the  inspection  of  flour  and  tobacco  in 
said  town ;  to  prevent  the  introduction  of  contagious  diseases  within 
said  town  and  precincts;  to  establish  night  watches  and  patroles,  and 
erect  lamps ;  to  regulate  the  stationing,  anchorage  and  mooring  of  ves- 
sels; to  provide  for  regulating  and  licensing  ordinaries,  auctions  and 
retailers  of  liquors,  hackney  carriages,  wagons,  carts  and  drays  within 
said  town  and  precincts;  to  restram  or  prohibit  gambling;  to  provide 
for  licensing,  regulating  or  restraining  theatrical  or  other  public  amuse- 
ments; to  regulate  and  establish  markets;  to  pass  all  laws  for  the  regu- 
lation of  weights  and  measures;  to  provide  for  the  licensing  and  regu- 
lating the  sweeping  of  chimneys  and  nxing  the  rates  thereof;  to  establish 
and  regulate  fire  wards  and  fire  companies;  to  regulate  and  establish 
the  size  of  bricks  to  be  made  and  used  within  said  town ;  the  inspection 
of  salted  provisions,  and  the  assize  of  bread ;  to  sink  wells  and  erect 
and  repair  pumps  in  the  streets;  to  impose  and  appropriate  fines,  penal- 
ties and  forfeitures  for  breach  of  their  ordinances;  to  erect  workhouses; 
to  open,  extend,  and  regulate  streets  within  the  limits  of  the  said  town ; 
provided  they  make  to  the  person  or  persons  who  may  be  injured  by 
such  opening,  extension  or  regulation  just  and  adequate  compensation, 
to  be  ascertained  by  the  verdict  of  an  impartial  jury,  to  be  summoned 
and  sworn  by  a  justice  of  the  peace  of  the  county  of  Washington,  and 
to  be  formed  of  twenty-three  men,  who  shall  proceed  in  like  manner  as 
has  been  usual  in  other  cases  where  private  property  has  been  condemned 
for  public  use ;  and  they  shall  have  the  power  of  restraining,  regulating 
and  directing  the  manner  of  building  wharves  and  docks;  aJso  to  direct 
the  manner  in  which  the  improvements  thereon  to  be  erected,  shall  be 
made,  so  that  they  may  not  become  injurious  to  the  health  of  the  town; 
in  addition  to  the  power  heretofore  granted  to  the  said  corporation  by 
the  act  of  Congress,  intituled  "An  act  additional  to,  and  amendatory 
of  an  act,  intituled  An  act  concerning  the  district  of  Columbia,"  of 
laying  a  tax  of  two  dollars  per  foot  front  for  paving  the  streets,  lanes 
and  uleys  of  the  said  town ;  they  shall  have  the  power  upon  petition,  in 
writing,  of  a  majority  of  the  holders  of  the  real  property  fronting  on 
any  street  or  alley,  if,  in  their  judgment  it  shall  be  deemed  necessary,  to 
lay  such  further  and  additions  sum  on  each  front  foot,  on  said  street,  or 
part  of  a  street,  as  will  be  sufficient  to  pave  said  street  or  part  of  a  street, 
lane  or  alley,  so  petitioned  for ;  and  the  like  remedy  shall  be  used  for 
the  recovery  thereof,  as  is  now  used  for  the  recovery  of  the  public  county 
taxes  in  the  said  county  of  Washington ;  and  they  shall  have  power  by 
ordinance  to  direct  or  order  the  paved  streets  to  be  cleansed  and  kept 
clean,  and  appoint  an  officer  for  that  purpose ;  to  make  and  keep  in 
repair  all  necessary  sewers  and  drains,  and  to  pass  regulations  necessary 
for  the  preservation  of  the  same. 

Sec.  13.  And  be  it  further  enacted,  That  the  duties  on  all  licenses 
to  be  granted  as  aforesaid,  shall  be  to  and  for  the  proper  use  and  benefit 
of  the  said  corporation;  and  the  said  corporation  shall  have  power  to 
pass  all  laws  not  inconsistent  with  the  laws  of  the  United  States,  which 
may  be  necessary  to  give  effect  and  operation  to  all  the  powers  vested 
in  the  said  corporation;  and  to  appoint  constables  and  collectors  of  the 
taxes,  and  all  other  officers  who  may  be  /deemed  necessary  for  the 
execution  of  their  laws,  whose  duties  and  powers  shall  be  prescribed 
in  such  manner  as  the  said  corporation  shall  deem  fit  for  the  purpose 
aforesaid. 

Sec.  14.  And  be  it  further  enacted,  That  the  jurisdiction  of  the  said 
corporation  shall  extend  to  the  limits  of  the  original  plan  of  said  town, 
and  to  such  additions  as  are  recognized  by  law ;  and  that  a  survey  as 
soon  as  conveniently  may  be  after  the  passage  of  this  law,  shall  be  made, 
under  the  direction  of  the  said  corporation,  ascertaining  said  limits, 


Specific  pow- 
ers of  the  cor« 
poration. 


1802,  ch.  63. 


Datiet  od  li- 
centea  to  enure 
to  the  benefit  of 
the  corporation. 

Further  grant 
of  powers  to  the 
corporation. 


Local  extent 
of  the  corpora- 
tion'a  junidic- 
tion. 

Aannreytobe 
made  to  ascer- 
tain the  precise 


336 


EIGHTH  CONGRESS.    Sess.  II.  Ch.  33,  34.     1805. 


and  a  plat  thereof  made  and  returned  to  said  corporation,  which, when 
approved  of  by  them,  shall  be  preserved,  and  become  a  record. 
Approved,  March  3, 18()5. 


Statute  II. 
March  3,  1806. 


1803,  ch.  49. 

Last  payment 
due    under  the 
convention  may 
be   made    in 
Great  Britain. 


Proviso. 


Statute  II. 


Cbap.  XXXIII.— sifn  Jlet  tuppUmeniary  to  the  act  itUiiukd  **Jln  act  making  an 
appropriation  for  carrying  into  ^eet  the  convention  between  the  United  States 
rf  jSmeriea  and  ki$  Britannic  Majesty," 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  the  Secretary  of  the 
Treasury  be  authorized  to  cause  the  last  payment  due  under  the  con- 
vention of  the  eighth  day  of  January,  one  thousand  eight  hundred  and 
two,  between  the  United  States  of  America  and  his  Britannic  majesty, 
to  be  made  in  Great  Britain :  Provided,  that  the  same  may  be  effected 
without  any  risk  to  the  United  States. 

Approved,  March  3, 1805. 


March  3,  1805.    Crap.  XXXIV.— s^fi  ^et  to  eslabUsh  the  dittrieU  rf  Gennessee,  of  Buffaloe  CVeek, 
and  of  Mimni ;  and  to  alter  the  port  of  entry  of  the  district  of  Erie, 

District  of  Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 

uWUhS'.*'  ***  ^^^  of  America  in  Congress  assembled.  That  from  and  after  the  thirty- 
first  day  of  March  next,  all  the  shores  and  waters  of  the  lake  Ontario, 
and  the  rivers  and  waters  connected  therewith,  lying  within  the  juris- 
diction of  the  United  States,  and  within  the  state  of  New  York,  to  the 
westward  of  the  western  extremity  of  Sodus  bay,  but  excluding  all  the 
rivers  and  waters  emptying  into  the  said  bay,  and  to  the  eastward  of  the 
eastern  extremity  of  a  certain  creek  or  bay,  lying  between  Niagara  and 
the  Gennessee  river,  and  known  by  the  name  of  Oak  Orchard  creek, 
shall  be  a  district,  to  be  called  the  district  of  Gennessee,  of  which  the 
river  Gennessee  shall  be  the  sole  port  of  entry ;  and  a  collector  for  said 
district  shall  be  appointed,  to  reside  on  the  river  Gennessee. 

Sec.  2.  And  be  it  further  enacted,  That  all  the  shores,  rivers  and 
waters  heretofore  belonging  to  the  district  of  Niagara,  which  empty  into 
Lake  Erie,  or  into  the  river  Niagara,  above  the  falls  of  Niagara,  shall, 
from  and  after  the  thirty-first  day  of  March  next,  be  a  district,  to  be  called 
the  district  of  Buffaloe  Creek,  of  which  Buffaloe  Greek  shall  be  the  sole 
port  of  entry;  and  a  collector  for  the  said  district  shall  be  appointed,  to 
reside  on  Buffaloe  Greek. 

Sec.  3.  And  be  it  further  enacted,  That  from  and  after  the  thirty-first 
day  of  March  next,  ail  the  shores,  rivers  and  waters  of  Lake  Erie,  within 
the  jurisdiction  of  the  United  States,  which  lie  between  the  west  bank 
of  Vermilion  river,  and  the  north  cape,  or  extremity  of  Miami  bay,  into 
which  the  river  Miami  of  Lake  Erie  empties  itself,  and  including  aJl  the 
waters  of  the  said  river  Miami,  shall  be  a  district,  to  be  called  the  district 
of  Miami;  and  the  President  of  the  United  States  is  authorized  to 
establish  such  place  at  or  near  Sandusky,  or  on  the  said  river  Miami,  to 
be  the  port  of  entry,  as  he  shall  judge  expedient,  and  also  to  establish, 
not  exceeding  two  other  places,  to  be  ports  of  delivery  only ;  and  a  col- 
lector for  the  said  district  shall  be  appointed,  to  reside  at  the  port  of 
entry,  and  surveyors  to  reside  at  such  ports  of  delivery  as  may  be  estab- 
lished, as  aforesaid. 

Sec.  4.  And  be  it  further  enacted.  That  the  President  be,  and  he  is 
hereby  authorized  to  designate  such  place  in  the  district  of  Erie,  as  he 
shall  judge  expedient,  to  be  the  port  of  entry  of  the  said  district. 

Sec.  5.  And  be  it  further  enacted.  That  the  several  collectors  and 
surveyors  who  may  be  appointed  by  virtue  of  this  act,  or  by  virtue  of  the 


The    river 

Gennessee    a 

port  of  entry. 

Collector  to  be 

appointed,  &c. 

District    of 
Buffaloe  creek 
established. 


Collector  to 
be    appointed 
kc,  &c. 

District    of 
Miami  estnb 
lished. 


Port  of  entry 
at  or  near  San- 
dusky, and  two 
others,  in  the 
discretion  of  the 
President,  may 
be  e8tabIi^hcd 
as  ports  of  de- 
livery— coiloc- 
tor  and  survey- 
ors to  be  ap- 
pointed, &c.  &c. 

President  may 
designale  port 
of  entry  in  dis- 
trict of  £rie. 

Allowances  to 
the   officers   to 


EIGHTH  CONGRESS.    Seas.  IL  Gh.  35.     1805. 


337 


third  section  of  an  act  passed  the  third  of  March,  one  thousand  eight  be  appointed 
hundred  and  three,  which  authorizes  the  establishment  of  a  new  collec-  °"**®'  ^*""  **^'- 
tion  district  on  Lake  Ontario,  in  addition  to  the  fees  and  commissions  i799,  ch.  23. 
allowed  by  law,  respectively,  receive  the  same  annual  salary,  which  by  i803,  ch.  26. 
law  is  allowed  to  the  collectors  and  surveyors  of  the  several  districts 
comprising  the  northern  and  western  boundaries  of  the  United  States. 
Approted,  March  3, 1805. 


Statute  I. 

Chap.  XXXV. — An  Act  further  to  alter  and  esiabiiah  certain  poat  roads  f  and  for  March  3, 1806. 

other  purpoui.{a)  [Repealed.] 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives  of  the  United  p^,^  ^^^^ 

States  of  America  in  Congress  assembled,  That  the  following  post  roads  discoQtinued. 


Act  of  April 
1810, ch. 37. 


Poet  roadac 
tablish«5d. 


be  discontinued,  namely : 

From  ^illiesville  by  Waldon's  store,  Speed's  and  Wilson's,  Sterling 
Tancey's  and  Norman's  store,  to  Person  Courthouse  in  North  Carolina. 

From  Wilkes  to  Ash  Courthouse,  in  North  Carolina. 

From  New  Dublin  by  Tazewell,  Russell  and  Lee  Courthouse,  to 
Cumberland  Gap  in  Virginia : 

From  Georgetown  by  Concord  and  Laurel,  to  Salisbury  in  Maryland. 

From  Ringo's  tavern,  to  Flemington  in  New  Jersey. 

From  Worcester  to  Lancaster  in  Massachusetts. 

From  Springfield  to  Northampton. 

From  Boston  to  Bridgewater. 

From  Vincennes  to  Kaskaskias. 

From  Annapolis  by  Kent  Island  and  Queenstown  to  Centreville. 

Sec.  2.  And  be  it  further  enacted,  That  the  following  post  roads  be 
established : 

In  Massachusetts. — ^From  Worcester  by  Holden,  Rutland,  Hubbards- 
town,  Templeton,  Winchendon  and  Fitzwilliam,  to  Keen  in  New  Hamp- 
shire; from  Weymouth  landing  by  Abington,  East  Bridgewater  and 
West  Bridgewater,  to  Taunton. 

In  New  Jersey, — From  Cooper's  ferry  by  Haddiniield,  Longacoming, 
Blue  Anchor,  Great  Egg  Harbor,  River  Bridge  and  Somers  Point,  to 
Absecome  in  Gallaway  township. 

In  Pennsylvania, — From  Alexandria  by  Centre  Furnace  and  Belle- 
font,  to  Williamsport ;  from  Bristol  by  Attleboro,  Newtown  and  Doyles- 
town,  to  Quakertown;  from  New  Hope  through  Doylestown,  Mont- 
gomery's Square,  to  Norristown;  from  Norristown  by  Pawlingsford, 
Pughtown,  Morgantown,  Churchtown  and  New  Holland,  to  Lancaster; 
from  Philadelphia  through  Germantown,  White  Marsh,  Montgomery 
Square  and  Quakertown,  to  Bethlehem ;  from  Bethlehem  by  Lausanne 
to  Berwic;  from  Presqu'ille  to  BufTaloe  Creek. 

In  Maryland. — From  Annapolis  by  Rockhall  to  Chestertown. 

In  Virginia, — From  Randolph  Courthouse,  to  Frankfort;  from  Genito 
by  Carsell's  store  to  Amelia  Courthouse,  from  thence  to  Perkinsonville ; 
from  Prince  Edward  Courthouse,  by  Hunter's  tavern,  to  Lynchburg ; 
from  Lynchburg,  by  Campbell  and  Pittsylvania  Courthouse,  to  Danville; 
from  Smithfield  by  Sleepy  Hole  ferry  to  Portsmouth :  from  Sleepy  Hole 
to  Suifolk. 

In  North  Carolina, — From  Williamsboro',  by  Bullock's  and  Brown's 
stores,  Sterlingville  and  the  Red  House,  in  Caswell  county,  to  Caswell 
Courthouse ;  from  Richland,  by  Onslow  Courthouse,  to  Swanborough ; 
from  Raleigh,  by  Paul's  ferry  on  Neuse,  cross-roads  at  Watson's,  Little 
river  at  Richardson's,  Contcntney  at  Woodward's,  Tossnot  at  Dew's,  to 
Tarborough :  from  Greensville  Courthouse,  in  the  state  of  South  Caro- 
lina, to  Ashville  in  the  state  of  North  Carolina. 

(d)  Br  the  3d  aection  of  the  act  of  April  30,  1810,  chap.  37,  all  poit  roada  eatabliahed  by  any  previoafl 
act  of  CoDgreaa,  were  ditcontinaed. 

Vol.  II.-43  2  F 


338 


EIGHTH  CONGRESS.    Sm.  II.  Ch.  36,  38.    1805. 


Pott  road*  ei. 
Ublished. 


In  Oeargia. — ^From  Darien,  by  Tatnall  and  Montgomery  Courthoose, 
to  Fort  Wilkinson ;  from  Washington  in  Kentacky,  to  Cincinnati  in 
Ohio. 

In  Indiana. — From  Vincennes  to  Cahokia. 

In  Upper  Louisiana, — From  St.  Louis  to  St.  Charles. 

In  Orleans  Territory, — From  Natchez,  in  the  Mississippi  territory, 
by  Caddy's  ferry,  Cahola  and  Rapid  Settlements,  to  Natchitoches ;  from 
Washington  City,  by  Athens  in  Georgia,  to  New  Orleans ;  and  from 
KnoKville  in  Tennessee  to  the  Tombigby  settlements  in  the  Mississippi 
territory,  so  as  to  intersect  the  post  road  from  Athens  in  Georgia  to 
New  Orleans,  at  the  most  convenient  point  between  Athens  and  the  said 
settlements. 

Approved,  March  3,  1805. 


Statute  II. 


March  3,  1806. 


Appropriation 
for  carrying  In- 
dian  treaties  in- 
to  effect. 


Annuity    to 
the   Delawarea. 

To  the  Pian- 
Reahaws. 

To  the  Saca 
and  Foxet. 

Appropriation 
for    exploring 
Indian  coantry. 


Forertablish. 
ing    additional 
trading  honsea 
vrith    Indian 
tribes. 

Act  of  April 
18, 1796,  ch.  13. 


Statute  II. 


Chap.  XXXVI.~-«ffn  Act  making  appropriations  for  carrying  into  ^eet  certain 
Indian  trtaticB^  and  for  other  purposes  of  Inaian  trade  and  intercourse. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assemMed,  That  for  the  purpose  of  defray- 
ing the  expenses,  that  may  arise  in  carrying  into  effect  the  treaties  lately 
made  between  the  United  States  and  the  tribes  of  Indians,  called  the 
Delawares,  Piankeshaws,  Sacs  and  Foxes,  the  following  sums,  to  be 
paid  out  of  any  monies  in  the  treasury,  not  otherwise  appropriated,  be, 
and  the  same  are  hereby  appropriated  for  the  payment  of  the  annuities 
stipulated  in  the  said  treaties  to  be  paid  to  the  said  Indians ;  that  is  to 
say,  to  the  Delawares,  three  hundred  dollars,  annually,  for  five  years,  and 
the  further  sum  of  three  hundred  dollars,  annually,  for  ten  years:  to  the 
Piankeshaws,  annually,  for  ten  years,  the  sum  of  two  hundred  dollars ; 
and  to  the  Sacs  and  Foxes,  one  thousand  dollars,  annually,  so  long  as 
the  treaty  with  them  shall  continue  jn  force. 

Sec.  2.  And  he  it  further  enacted^  That  for  the  purpose  of  exploring 
the  Indian  country,  and  of  ascertaining  proper  and  convenient  places  for 
establishing  trading  houses  with  the  different  Indian  tribes  within  the 
territory  of  the  United  States,  a  sum  of  five  thousand  dollars  be,  and  the 
same  is  hereby  appropriated  out  of  any  monies  in  the  treasury,  not  other- 
wise appro])riated. 

Sec.  3.  And  he  it  further  enacted^  That  for  the  purpose  of  establishing 
additional  trading  houses  with  the  Indian  tribes,  a  sum  not  exceeding 
one  hundred  thousand  dollars,  be,  and  the  same  is  hereby  appropriated, 
(the  balance  of  a  former  appropriation  being  carried  to  the  credit  of  the 
surplus  fund)  to  be  paid  out  of  any  monies  in  the  treasury,  not  other* 
wise  appropriated. 

Approved,  March  3,  1805. 


March  3,  1805.    Crap.  XXXVIII. — An  Act  to  extend  jurisdiction  in  certain  eases^  to  the  TarritO' 
rial  Courts, 


Superior  courta 
of  the  aeveral 
territories  of  the 
United  Sutet 
invested  with 
the  jurisdiction 
of  tJie  district 
court  of  Ken- 
tucky, in  cases 
in  which  the  U. 
States  are  con- 
cerned. 


Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  superior  courts  of 
the  several  territories  of  the  United  States,  in  which  a  district  court  has 
not  been  established  by  law,  shall,  in  all  cases  in  which  the  United  States 
are  concerned,  have  and  exercise,  within  their  respective  territories,  the 
same  jurisdiction  and  powers  which  are  by  law  given  to,  or  may  be  exer- 
cised by  the  district  court  of  Kentucky  district :  and  writs  of  error  and 
appeals  shall  lie,  from  decisions  therein,  to  the  supreme  court,  for  the 


EIGHTH  CONGRESS.    Sess.  H.  Ch.  40,  41.     1805. 


389 


same  causes,  and  under  the  same  regulations,  as  fiom  the  said  district 
court  of  Kentucky  district.(a) 
Approykd,  March  3,  1805. 


Chap.  XL. — yin  Jet  to  amend  an  aet  intituled  *^Jn  act  for  imponng  more  wpedfie 
duties  on  the  imporiaiion  ef  certain  articlee^  and  ako  for  levying  and  eoueeting 
light  money  on  foreign  dupe  or  veuele^  and  for  other  purpoaesj" 

Be  ii  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  the  sixth  section  of  the 
act,  intituled  "An  act  for  imposing  more  specific  duties  on  the  importa- 
tion of  certain  articles ;  and  also  for  levying  and  collecting  light  money 
on  foreign  ships  or  vessels,  and  for  other  purposes,"  shall  not  be  deemed 
to  operate  upon  unregistered  ships  or  vessels,  owned  by  citizens  of  the 
United  States,  in  those  cases,  where  such  ship  or  vessel  is  in  possession 
of  a  sea  letter,  or  other  regular  document,  issued  from  a  custom-house 
of  the  United  States,  proving  such  ship  or  vessel  to  be  American  pro- 
perty :  Provided  however,  that  upon  the  entry  of  every  such  ship  or  vessel 
from  any  foreign  port  or  place,  if  the  same  shall  be  at  the  port  or  place 
at  which  the  owner,  or  any  of  the  part  owners  reside,  such  owner  or  part 
owners  shall  make  oath  or  affirmation,  that  the  sea  letter  or  other  regu- 
lar document  possessed  by  such  ship  or  vessel,  contains  the  name  or 
names  of  all  the  persons  who  are  then  owners  of  the  said  ship  or  vessel ; 
or  if  any  part  of  such  ship  or  vessel  has  been  sold  or  transferred  since 
the  date  of  such  sea  letter  or  document,  that  such  is  the  case,  and  that 
no  foreign  subject  or  citizen  hath,  to  the  best  of  his  knowledge  and 
belief,  any  share,  by  way  of  trust,  confidence  or  otherwise,  in  such  ship 
or  vessel.  And  if  the  owner,  or  any  part  owner,  shall  not  reside  at  the 
port  or  place,  at  which  such  ship  or  vessel  shall  enter,  then  the  master 
or  commander  shall  make  oath  or  affirmation  to  the  like  effisct  And 
if  the  owner  or  part  owner,  where  there  is  one,  or  the  master  or  com- 
mander, where  there  is  no  owner,  shall  refuse  to  swear  or  affirm  as 
aforesaid,  such  ship  or  vessel  shall  not  be  entitled  to  the  privileges 
granted  by  this  act. 

Approved,  March  3,  1805. 


Statute  II. 


March  3,  1806. 


The  nxth  mc- 
tion  of  act  for 
imposiog   more 
specific   dutiet, 
dec.  &c.  not  to 
operate    upon 
unregistered 
vessels   of  U. 
Sutes,  if  pos- 
sessed, bona 
Jide,  of  sea  let- 
ters, ftc. 

Act  of  March 
27, 1804,  ch.  67. 

If  entry  of 
any  such  ship 
or  vessel  shall 
be  made  at  the 
port  where  the 
owner  resides, 
he  shall  make 
oath  or  affinna- 
tion  that  the  sea 
letter  contains 
the  names  of 
every  person 
who  is  owner  or 
part  owner  of 
the  vessel. 


Statute  II. 


Chap.  XLL— j9n  Jetfor  the  more  effeetua!  preservation  of  peace  in  the  ports   March  3,  1806. 
and  harbors  tf  the  United  States,  and  in  the  waters  under  their  Jurisdiction,        

Be  a  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  whensoever  any  treason, 
felony,  misprision  of  treason,  or  of  felony,  misdemeanor,  breach  of  the 
peace,  or  of  the  revenue  laws  of  the  United  States,  shall  hereafter  be 
committed  within  the  jurisdiction  of  the  United  States,  and  the  case 
shall  be  cognizable  by,  or  under  their  authority,  if  the  person  commit- 
ting the  same  shall  be  on  board  of  any  foreign  armed  v^sel,  in  any  port 
or  harbor  of  the  United  States,  or  in  the  waters  within  their  jurisdiction, 
it  shall  be  the  duty  of  any  judge  or  justice  of  any  court  of  the  United 
States,  upon  satisfactory  proof  thereof  to  him  made,  to  issue  his  warrant 
specifying  the  nature  of  the  offence,  and  directed  to  a  marshal,  com- 
manding him  to  take  the  body  of  the  offender,  and  bring  him  before  the 
said  judge  or  justice,  to  be  dealt  with  according  to  law.  And  if  the  said 
marshal  shall  deem  the  ordinary  posse  comitatus  insufficient  to  insure 

(a)  By  the  10th  section  of  the  act  of  September  24, 1789,  "  An  act  to  establish  the  judicial  courts  of  the 
United  SUtes,**  chap.  20,  vol.  i.  77,  it  is  provided  "that  the  district  court  in  Kentucky  district  shall,  besides 
the  inrisdiction  given  in  the  act,  have  jurisdiction  of  all  other  causes  except  appeals  and  writs  of  error, 
as  afterwards  mado  cognizable  in  a  circuit  court  i  and  shall  proceed  thereon  m  the  same  manner  as  a 
circuit  court ;  and  writs  of  error  and  appeals  shall  lie  from  decisions  therein,  to  the  supreme  court  onder 
the  sme  regulations.** 


Persons  com- 
mitting treason, 
felony,  &c.  ftc. 
within  the  juris- 
diction or  the 
U.  Stotes,  and 
taking  refuge  in 
foreign  armed 
vessels  in  our 
ports,  may  be 
arrested  upon 
the  warrants  of 
a  judge  or  jus- 
tice of  the  U. 
Sutes. 


340 


EIGHTH  CONGRESS.     Sess.  H.  Cii.  41.     1805, 


Marshall!  may 
have  the  aid, 
upon  an  order 
of  the  jud^e  or 
justice,  ot  any 
military  force  in 
his  vicinity,  if 
the  posse  eomi. 
tcUus  be  insuffi* 
cient  to  insure 
the  execution  of 
process. 


Justifiable 
homicide. 

Felonious  ho- 
micide. 

Aid  of  United 
States  to  be  giv- 
en to  executives 
of  particular 
states,  in  order 
to  the  arrest  of 
offenders 
against    their 
laws,    taking 
refuge  in  public 
armed  vessels  of 
foreign    nations 
in  the  ports  or 
harbors  of  the 
United  Stotes. 


Ottendcrs  flv' 
ing  beyond  the 
jurisdiction  of 
the  state  and 
witliin  the  ex. 
elusive Jurisdic- 
tion  or  the  U. 
SUtes  may  be 
pursued  and 
taken. 

Offenders  fly> 
iug  to  armed 
vessels  in  places 
where  U.  States 
have  exclusive 
jurisdiction,how 
to  be  dealt  with, 
with  those  who 
a^ord  them  aid 
in  making  re- 
sistance, &c. 
&c. 


the  execution  of  the  said  warrant,  he  shall  apply  to  the  said  judge  or 
justice,  who  shall  immediately  issue  his  order,  directed  to  any  officer 
having  command  of  militia,  or  any  officer  having  command  of  regular 
troops,  or  of  armed  vessels  of  the  United  States,  in  the  vicinity,  requiring 
him  to  aid  the  said  marshal  with  all  the  force  under  his  command,  or 
such  part  as  may  be  necessary  in  executing  the  warrant  aforesaid.  And 
the  said  marshal  conforming  himself  in  all  things  to  the  instructions 
which  he  shall  receive  from  the  President  of  the  United  States,  or  from 
any  other  person  authorized  by  the  President,  shall  first  demand  the 
surrender  of  the  person  charged  witli  the  offence ;  and  if  delivery  be  not 
made,  or  if  the  marshal  be  obstructed  from  making  the  demand,  he  shall 
use  all  the  means  in  his  power  by  force  and  arms,  to  arrest  the  offender, 
and  all  others  who  are  with  him,  giving  him  aid  and  countenance  in 
evading  the  arrest,  and  he  shall  convey  the  said  offender  and  all  others 
arrested,  as  aforesaid,  and  deliver  theni  to  the  civil  authority,  to  be  dealt 
with  according  to  law.  If  death  ensue  to  the  person  ordered  to  be  ar- 
rested, or  to  any  of  those  giving  him  aid  and  countenance,  it  shall  be 
justified ;  but  if  to  the  marshal,  or  to  any  of  those  supporting  him  in  the 
discharge  of  his  duty,  the  persons  engaged  in  resisting  the  civil  autho- 
rity shall  be  punished  as  in  cases  of  felonious  homicide. 

Sec.  2.  And  be  it  further  enacted,  That  whensoever  after  the  pas- 
sage of  this  act  any  felony,  misprision  of  felony,  misdemeanor,  or  breach 
of  the  peace  shall  be  committed  within  the  body  of  a  county  in  any  one 
of  the  United  States,  and  any  process  of  law  shall  be  issued  under  the 
authority  of  the  state,  for  the  purpose  of  arresting  the  offender,  if  the  said 
offender  shall  be  on  board  of  any  foreign  armed  vessel,  in  any  port  or 
harbor  of  the  United  States,  and  within  the  jurisdiction  of  the  state  in 
which  the  offence  was  committed,  it  shall  be  lawful  for  the  governor  or 
other  supreme  executive  officer  of  the  state  in  which  the  said  offence 
shall  have  been  committed,  upon  due  proof  thereof,  and  upon  his  being 
satisfied  that  the  ordinary  posse  comitatus  is  insufficient  to  insure  the 
execution  of  the  said  process,  to  issue  his  order  directed  to  any  officer 
having  command  of  regular  troops  or  armed  vessels  of  the  United  States, 
in  the  vicinity,  requiring  him  to  aid  the  officer  charged  with  the  execu- 
tion of  the  process,  with  all  the  force  under  his  command,  or  such  part 
thereof  as  may  be  necessary,  in  arresting  the  offender  and  all  those  giving 
aid  and  countenance  in  resisting  the  civil  authority.  And  if  the  said 
offender  shall  flee  to  any  place  beyond  the  jurisdiction  of  the  state,  and 
within  the  exclusive  jurisdiction  of  the  United  States,  the  officer  charged 
with  the  execution  of  the  said  process  shall  be,  and  he  is  hereby  author- 
ized to  pursue  the  said  offender  into  such  place,  taking  with  him,  if 
necessary,  the  said  armed  force,  and  there  arrest  him,  in  virtue  of  the 
said  process.  And  if  the  said  offender  shall  flee  to  and  be  on  board  of 
any  foreign  armed  vessel  being  in  any  place  beyond  the  jurisdiction  of 
the  state,  and  witliin  the  exclusive  jurisdiction  of  the  United  States,  the 
officer  charged  with  the  execution  of  the  said  process  shall  first  demand 
the  delivery  of  the  said  offender  of  and  from  the  person  or  persons  having 
charge  and  command  of  the  said  foreign  armed  vessel,  declaring  the 
authority  and  cause  for  which  the  demand  is  made ;  and  if  the  said 
offender  be  not  delivered  according  to  the  said  demand,  or  if  the  officer 
charged  with  the  execution  of  the  process  be  obstructed  in  attempting  to 
make  the  demand,  then  he  shall  use  all  the  means  in  his  power,  by  force 
and  arms,  to  enter  on  board  of  the  said  foreign  armed  vessel,  there  to 
search  for  and  arrest  the  said  offender,  and  all  those  who  are  with  him 
giving  him  aid  and  countenance,  in  preventing  and  resisting  the  execu- 
tion of  the  said  process;  and  the  officer  charged  with  the  execution 
of  the  said  process  shall  convey  the  said  offender  and  deliver  him 
over  to  the  civil  authority  of  the  state,  to  be  dealt  with  according  to  law ; 
and  all  those  arrested  for  being  concerned  in  resisting  the  execution  of 


EIGHTH  CONGRESS.     Sess.  H.  Ch.  41.     1805. 


341 


the  prcx^ess  shall  be  delivered  over  to  the  civil  authority  of  the  United 
States,  and  shall  be  punished  in  the  same  manner  as  if  they  had  been 
concerned  in  knowingly  and  wilfully  obstructing,  resisting  or  opposing 
any  officer  of  the  United  States  in  serving  or  attempting  to  serve  any 
warrant  or  other  legal  or  judicial  writ  issued  under  the  authority  of  the 
United  States.  But  if  any  of  those  concerned  in  making  the  arrest  be 
killed  in  a  place  within  the  exclusive  jurisdiction  of  the  United  States, 
those  engaged  in  resisting  the  civil  authority  shall  be  punished  as  in  cases 
of  felonious  homicide;  and  if  the  person  charged  with  the  offence,  or 
any  of  those  concerned  with  him  in  resisting,  be  killed,  in  a  place  under 
the  exclusive  jurisdiction  of  the  United  States,  it  shall  be  justified. 

Sec.  3.  And  be  it  further  enacted,  That  if  any  commanding  officer 
of  militia,  of  regular  troops,  or  armed  vessels  of  the  United  States,  shall 
refuse  to  obey  the  requisition  authorized  by  this  act,  he  shall  forfeit  a 
sum  not  exceeding  five  thousand  dollars. 

Sec.  4.  And  in  order  to  prevent  insults  to  the  authority  of  the  laws, 
whereby  the  peace  of  the  United  States  with  foreign  nations  may  be 
endangered.  Be  it  further  enacted,  That  it  shall  be  lawful  for  the  Presi- 
dent  of  the  United  States,  either  to  permit  or  interdict  at  pleasure,  the 
entrance  of  the  harbors  and  waters  under  the  jurisdiction  of  the  United 
States  to  all  armed  vessels  belonging  to  any  foreign  nation,  and  by  force 
to  repel  and  move  them  from  the  same,  except  when  they  shall  be  forced 
in  by  distress,  by  the  dangers  of  the  sea,  by  being  pursued  by  an  enemy, 
or  when  charged  with  dispatches  or  business  from  the  government  to 
which  they  belong ;  in  which  cases,  as  well  as  in  all  others  when  they 
shall  be  permitted  to  enter,  the  commanding  officer  shall  immediately 
report  his  vessel  to  the  collector  of  the  district,  stating  the  object  or  causes 
of  his  entering  the  harbor  or  waters,  shall  take  such  position  therein,  as 
shall  be  assigned  him  by  such  collector,  and  shall  conform  himself,  his 
vessel  and  crew,  to  such  regulations  respecting  health,  repairs,  supplies, 
stay,  intercourse  and  departure,  as  shall  be  signified  to  him  by  the  said 
collector,  under  the  authority  and  directions  of  the  President  of  the 
United  States,  and  not  conforming  thereto,  shall  be  required  to  depart 
from  the  United  States. 

Sec.  5.  And  be  it  further  enacted,  That  whensoever  any  armed  vessel 
of  a  foreign  nation  entering  the  harbors  or  waters  within  the  jurisdiction 
of  the  United  States,  and  required  to  depart  therefrom,  shall  fail  so  to 
do,  it  shall  be  lawful  for  the  President  of  the  United  States,  or  such 
other  person  as  he  shall  have  empowered  for  that  purpose,  to  employ 
such  part  of  the  land  and  naval  forces  of  the  United  States,  or  the  militia 
thereof,  as  he  shall  deem  necessary  to  compel  the  said  armed  vessel  to 
depart ;  or  if  he  shall  think  it  proper,  it  shall  be  lawful  for  him  to  forbid, 
by  proclamation,  all  intercourse  with  such  vessel,  and  with  every  armed 
vessel  of  the  same  nation,  and  the  officers  and  crew  thereof;  to  prohibit 
all  supplies  and  aid  from  being  furnished  them,  and  also  to  instruct  the 
collector  of  the  district,  where  such  armed  vessel  shall  be,  and  of  any 
and  of  every  other  district  of  the  United  States,  to  refuse  permission  to 
any  vessel  belonging  to  the  same  nation,  or  to  its  citizens  or  subjects,  to 
make  entry  or  unlade,  so  long  as  the  said  armed  vessel  shall  remain  in 
the  harbors  or  waters  of  the  United  States,  in  defiance  of  the  public 
authority.  And  if  afler  the  publication  of  said  proclamation,  and  due 
notice  thereof,  any  person  shall  afford  any  aid  to  such  armed  vessel,  or 
to  any  other,  contrary  to  the  prohibition  contained  in  the  said  proclama- 
tion, either  in  repairing  the  said  vessel,  or  in  furnishing  her,  her  officers 
or  crew  with  supplies  of  any  kind,  or  in  any  manner  whatsoever,  or  if 
any  pilot  shall  assist  in  navigating  the  said  armed  vessel,  or  any  other, 
contrary  to  the  prohibition  contained  in  the  said  proclamation,  unless 
it  be  for  the  purpose  of  carrying  the  armed  vessel  required  to  depart,  as 
aforesaid,  beyond  the  limits  and  jurisdiction  of  the  United  States,  the 

2f2 


Felonioas  ho- 
micide. 

Justifiable  ho- 
micide. 

Penalty  on 
commanding  of- 
ficers of  the  mi- 
litia who  refuse 
to  obey  the  re- 
quisition autho- 
rized by  this  act. 

The  entrance, 
into  our  ports 
and  harbors,  of 
foreign  armed 
vessels,  may  be 
permitted  or  in- 
terdicted at  the 
pleasure  of  the 
President. 

When  they 
shaH  have  en- 
tered, they  are 
to  conform  to 
regulations,  kc. 
and  not  con- 
forming may  be 
required  to  de- 
part. 


Force  may  be 
employe<l  to 
compel  the  de- 
parture of  fo- 
reign armed 
vessels. 


Or  all  inter- 
course with 
them  and  othem 
of  the  same  na- 
tion, may  be 
interdicted  if 
they  do  not  de- 
part. 

Refusal  of 
permission  to 
trade  with  tho 
vessels  of  the 
same  nation, 
while  the  of- 
fending one  re- 
mains in  out 
ports,  authori* 
zed. 


342 


EIGHTH  CONGRESS.    Sess.  H.  Ch.  42.     1805. 


Penalties. 


Entrtnce  in 
our  port*  of  any 
officer  of  a  fo- 
reign  armed 
veMel  commit' 
ting  a  trespass 
or  tort  upon 
vessels  of  the  U. 
States  on  the 
hiffh  seas  for- 
bidden. 

If  found  in  the 
U.  States  con. 
trary  to  the  in- 
terdiction, how 
to  be  dealt  with. 


To  be  liable 
to  prosecution 
and  punishment 
for  other  of- 
fences. 

Collectors  and 
marshals  to  be 
instructed 
touching  the  ex- 
ecution of  this 
act. 


This  act  may 
be  given  in  evi- 
dence, &c. 


Limited  to  two 
years,  and  to 
the  end  of  the 
next  succeeding 
session  of  Con- 
gress. 

Statute  II. 


person  or  persons  so  offending,  shall  forfeit  and  pay  a  sum  not  exceeding 
one  thousand  dollars,  and  shaU  also  be  liable  to  be  bound  to  their  good 
behaviour. 

Sec.  6.  And  be  it  further  enacted,  That  whensoever  any  officer  of  an 
armed  vessel  commissioned  by  any  foreign  power,  shall  on  the  hiffh  seas 
commit  any  trespass  or  tort,  or  any  spoliation  on  board  any  vessd  of  the 
United  States,  or  any  unlawful  interruption  or  vexation  of  trading  vessels 
actually  coming  to  or  going  from  the  United  States,  it  shall  be  lawful 
for  the  President  of  the  United  States,  on  satisfactory  proof  of  the  facts, 
by  proclamation  to  interdict  the  entrance  of  the  said  officer,  and  of  any 
armed  vessel  by  him  commanded  within  the  limits  of  the  United  States, 
and  if  at  any  time  afler  such  proclamation  made,  he  shall  be  found  within 
the  limits  of  the  United  States,  he  shall  be  liable  therefor  to  be  arrested, 
indicted  and  punished  by  fine  and  imprisonment,  in  any  court  in  the 
United  States,  having  competent  jurisdiction,  and  it  shall  be  a  part  of  the 
sentence  that  he  shul  within  such  time  after  the  payment  of  his  fine  and 
the  expiration- of  his  term  of  imprisonment,  as  the  court  shall  direct, 
leave  the  United  States,  never  to  return.  And  if  he  shall  return  within 
the  limits  of  the  United  States,  afler  the  passing  of  such  sentence,  or  be 
found  therein  afler  the  period  limited  by  the  court  as  aforesaid,  he  shall 
again  be  liable  to  be  indicted,  fined  and  imprisoned  at  the  discretion  of 
the  court :  Provided  always,  that  if  the  said  officer  shall  also  have  com- 
mitted any  other  offence  made  punishable  by  this  act,  he  shall  be  liable 
to  prosecution  and  punishment ;  the  provisions  of  this  section  to  the 
contrary  notwithstanding. 

Sec.  7.  And  be  it  further  enacted,  That  the  President  of  the  United 
States  shall  be,  and  he  is  hereby  authorized  and  required  to  give,  as  soon 
as  may  be,  afler  the  passage  of  this  act,  to  the  collectors  of  the  respect- 
ive districts,  and  to  such  other  persons  as  he  may  think  proper,  the 
necessary  instructions  for  carrying  this  act  into  effect,  particularly  mark- 
ing out  the  line  of  conduct  to  be  observed  by  the  marshal,  and  the 
several  collectors  in  performing  the  duties  enjoined  by  this  act. 

Sec.  8.  And  be  it  further  enacted,  That  if  any  person  shall  be  sued 
for  any  thing  done  in  pursuance  of,  or  in  obedience  to  this  act,  he  may 
plead  the  general  issue  and  give  this  act  in  evidence,  any  law,  custom  or 
usage  to  the  contrary,  notwithstanding. 

Sec.  9.  And  be  it  further  enacted.  That  this  act  shall  continue  in 
force  for  the  term  of  two  years,  and  from  thence  to  the  end  of  the  next 
session  of  Congress,  and  no  longer. 

Approved,  March  3,  1805. 


March  3,  1805.         Chap.  XLII. — Jin  Ad  to  regulate  the  clearance  (f  armed  merchant  vesaels. 


[Expired.] 
Owners,  &c. 
of  armed  ves- 
sels bound  to 
the  W.  Indies, 
he,  9k.  to  ffive 
bonds,  kc.  sc. 


Arms,  &c.  9k, 
to  be  returned 
or  otherwise  ac- 
counted for. 


Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  afler  due  notice  of  this 
act  at  the  several  custom-houses,  no  vessel  owned  in  whole,  or  in  part, 
by  any  citizen  or  citizens  of  the  United  States,  or  by  any  person  or 
persons  residing  within  the  same,  or  the  territories  thereof,  and  armed, 
or  provided  with  the  means  of  being  armed  at  sea,  shall  receive  a  clear- 
ance, or  be  permitted  to  leave  the  port  where  she  may  be  so  armed,  or 
provided,  for  any  island  in  the  West  Indies,  or  for  any  port  or  place 
situated  on  the  continent  of  America,  between  Cayenne  and  the  south- 
ern boundary  of  Louisiana,  without  bond  with  two  sufficient  sureties 
being  given  by  the  owner  or  owners,  agent  or  agents,  together  with  the 
master  or  commander,  to  the  use  of  the  United  States,  in  a  sum  equal 
to  double  the  value  of  said  vessel,  her  arms,  ammunition,  tackle,  apparel 
and  furniture,  conditioned  that  such  arms  and  ammunition  shall  not  be 
used  for  any  unlawful  purposes,  but  merely  for  resistance  and  defence^ 


EIGHTH  CONGRESS.    Sess.  U.  Ch.  43.     1805. 


343 


in  case  of  involuntary  hostility ;  and  that  the  guns,  arms  and  ammuni- 
tion of  such  vessel  shall  be  returned  within  the  United  States,  or  other- 
wise accounted  for,  and  shall  not  be  sold  or  disposed  of  in  any  port  or 
place  in  the  West  Indies ;  which  bond  may  be  sued  for,  and  recovered 
with  costs  of  suit,  in  the  name  and  for  the  use  of  the  United  States,  in 
any  court  competent  to  try  the  same. 

Sec.  2.  And  be  it  further  enacted,  That  no  armed  merchant  vessel 
or  vessel  prepared  for  armament,  owned  as  aforesaid,  shall  receive  a 
clearance,  or  be  permitted  to  depart  from  any  port  in  the  United  States, 
for  any  port  or  place,  other  than  those  described  in  the  first  section  of 
this  act,  unless  the  owner  or  owners,  agent  or  agents,  and  the  com- 
mander of  such  vessel  shall  make  oath  that  such  vessel  is  not  bound,  or 
intended  to  proceed  to  any  island  in  the  West  Indies,  or  any  port  or 
place  on  the  continent  between  Cayenne  and  the  southern  boundary  of 
Louisiana,  nor  on  the  continent  of  America  between  Cayenne  and  the 
southern  boundary  of  Louisiana,  and  also  unless  a  bond  be  given  by  the 
owner  or  owners,  agent  or  agents,  and  commander,  in  a  sum  equal  to 
double  the  value  of  such  vessel,  her  arms,  tackle,  apparel  and  furniture, 
to  the  use  of  the  United  States,  conditioned  that  such  vessel  shall  not 
proceed  to  any  island  in  the  West  Indies,  or  port  on  the  continent  as 
aforesaid,  unless  compelled  thereto  by  unavoidable  accident ;  and  if  so 
compelled,  that  no  part  of  the  cargo  of  such  vessel  shall  be  sold  except 
so  much  thereof  as  may  be  absolutely  necessary  to  defray  the  expenses 
necessary  to  enable  such  vessel  to  proceed  on  her  intended  voyage. 

Sec.  3.  And  be  it  further  enacted,  That  if  any  armed  vessel,  as  afore- 
said, shall  proceed  to  sea  without  a  clearance,  contrary  to  the  provision 
of  this  act,  such  vessel,  with  her  arms,  ammunition,  tackle,  apparel  and 
furniture,  shall  be  forfeited  to  the  use  of  the  United  States,  and  be  liable 
to  be  seized,  prosecuted  and  condemned;  or  the  value  thereof  may  be 
sued  for,  and  recovered  with  costs  of  suit,  of  the  owner  or  owners  of 
such  vessel,  in  any  court  of  competent  jurisdiction :  and  the  collector 
within  whose  district  such  forfeiture  shall  accrue,  is  hereby  enjoined  to 
cause  prosecutions  for  the  same  to  be  commenced  without  delay,  and 
prosecuted  to  effect. 

Sec.  4.  And  be  it  farther  enacted,  That  this  act  shall  be  in  force 
nntil  the  end  of  the  next  session  of  Congress,  and  no  longer. 

Approved,  March  3,  1805. 


Bonds  may  be 
sued  for  and 
recovered,  &c. 
ftc. 

Armed  mer- 
chant vetsela, 
kc.  kc,  not  to 
proceed  to  any 
other  ports  than 
those  described 
in  the  first  sec- 
tion of  this  act, 

etc.  etc. 


Vessels  going 
to  sea,  and  arm- 
ed  as  above, for- 
feited,  if  they 
depart  from  the 
U.  SUtes  with- 
out the  clear- 
ance prescribed 
in  the  last  pre- 
ceding sec- 
tion. 

Collectors  to 
cause  prosecu. 
tions  to  be  in- 
stituted, kc. 


Statutt.  tt. 


Act  of  March, 
26, 1804,  ch.  35. 
Act  of  April  27, 
1816,  ch.  118. 


Chap.  XLIII.— j9n  Jlct  supplementary  to  the  act  intituled  *^An  act  making  pro-    March  3,  1806. 
vision  for  the  disposal  of  the  public  lands  in  the  Indiana  territory,  and  for  other 
purposesJ'\a) 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled^  Thvii  the  lands  lately  purchased 

(a)  Public  lands  in  Indiana  :— 

An  act  for  granting  lands  to  the  inhabitants  and  settlers  at  Vincennes,  and  the  Illinois  country  in  the 
territory  northwest  of  the  Ohio,  and  for  confirming  them  in  their  possessions,  March  3,  1791,  ch.  27. 

An  act  making  provision  for  the  disposal  of  the  public  land  in  the  Indiana  territory,  and  for  other  pur- 
poses,  March  26,  1804,  chap.  35. 

An  act  to  suspend  the  sale  of  certain  lands  in  the  state  of  Ohio,  and  the  Indiana  territory,  April  15, 
1806,  chap.  28. 

An  act  confirming  claims  to  lands  in  the  district  of  Vincennes,  and  for  other  purposes,  March  3,  1807, 
chap.  47. 

An  act  providing  for  the  sale  of  certain  lands  in  the  Indiana  territory,  and  for  other  purposes,  April  30, 
1810,  chap.  35. 

An  act  confirming  the  titles  of  certain  purchasers  of  lands  who  purchased  from  the  board  of  trustees 
of  the  Vincennes  University,  April  27,  1816,  chap.  118. 

An  act  providing  for  the  sale  of  certain  lands  in  the  district  of  Marietta,  and  for  the  location  of  claims 
and  sale  of  certain  lands  in  the  district  of  Vincennes,  March  18,  1818,  chap.  17. 

An  act  to  designate  the  boundaries  of  the  districts,  and  esUblish  land-offices  for  the  disposal  of  public 
lands  not  heretofore  offered  for  sale  in  the  states  of  Ohio  and  Indiana,  March  3,  1819,  chap.  90. 

An  act  to  designate  the  boundaries  of  a  land  district,  and  for  the  esUblishment  of  a  land-office  m  the 
state  of  Indiana,  May  8,  1822.  chap.  126. 


344 


EIGHTH  CONGRESS.     Sbss.  H.  Ch.  43.     1805. 


Lands  pur- 
chased from  the 
Wabash  In. 
dians,  and  ly- 
ing between  the 
Wabash  and 
Ohio,  attached 
to  the  district  of 
Vincennes,  and 
oflered  for  sale, 
&c.  at  Vin. 


o'r 


cennes. 

Lands 
northwest  ofthe 
Indian  bounda- 
ry  by  the  treaty 
of  Greenville, 
shall  be  sanrey- 
ed,  ficc.  &c.  and 
offered  for  sale 
at  Detroit. 

Lands  pur- 
chased from  the 
Sacs  and  Foxes 
attached  to  the 
district  of  Kas- 
kaskias,  &c. 


Lands  in  the 
district!  of  Vin- 
cennes, kc. 
claimed  under 
French  or  Bri- 
tish  grants,  &c. 
&c.  shall  be  re- 
surveyed  at  the 
expense  of  the 
United  States. 


Claimants  of 
lands  in  the 
foregoing  dis- 
tricts, to  give 
notice  in  writ- 
ing to  the  regis, 
ters  of  the  land 
offices  of  their 
claims,  &c. 


Powers,    du- 
ties, &c.  ftc.  of 
the   commis- 
sioners. 


from  the  Indian  tribes  of  the  Wabash,  and  lying  between  the  rivers 
Wabash  and  Ohio,  and  the  road  leading  from  the  falls  of  the  river  Ohio  to 
Vincennes,  shall  be  attached  to,  and  made  a  part  of  the  district  of  Vin- 
cennes, and  be  offered  for  sale  at  that  place,  under  the  same  regulations, 
at  the  same  price,  and  on  the  saipe  terms  as  other  lands  lying  within 
the  said  district. 

Sec.  2.  And  be  it  Jurther  enacted,  That  such  and  so  many  of  the 
tracts  of  land  lying  north  and  west  of  the  Indian  boundary,  established 
by  the  treaty  of  Greenville,  which  were  ceded  by  that  treaty  to  the  United 
States,  as  the  President  of  the  United  States  shall  direct,  shall  be  sur- 
veyed and  subdivided  in  the  same  manner  as  the  other  public  lands  of 
the  United  States,  and  shall  be  offered  for  sale  at  Detroit,  or  at  such  of 
the  other  land-offices  established  by  law  in  the  state  of  Ohio,  or  in  the 
Indiana  territory,  as  the  President  of  the  United  States  shall  judge  most 
expedient,  under  the  same  regulations,  at  the  same  price,  and  on  the 
same  terms,  as  other  lands  lying  within  the  same  district. 

Sec.  3.  And  be  it  further  enacted,  That  so  much  of  the  tract  of  land 
lately  purchased  from  the  Indian  tribes  known  by  the  name  of  Sacs  and 
Foxes,  as  the  President  of  the  United  States  shall  think  expedient  and  shall 
direct,  shall  be  attached  to  and  made  a  part  of  the  district  of  Kaskaskias, 
and  shall  be  offered  for  sale  at  that  place,  under  the  same  regulations,  at 
the  same  price,  and  on  the  same  terms,  as  other  lands  lying  within  the 
said  district. 

Sec.  4.  And  be  it  Jurther  enacted.  That  the  lands  lying  within  the 
districts  of  Vincennes,  Kaskaskias  and  Detroit  which  are  claimed  by 
virtue  of  French  or  British  grants,  legally  and  fully  executed,  or  by  vir- 
tue of  grants  issued  under  the  authority  of  any  former  act  of  Congress, 
by  either  of  the  governors  of  the  Northwest  or  Indiana  territories,  and 
which  had  already  been  surveyed  by  a  person  authorized  to  execute  such 
surveys,  shall,  whenever  it  shall  be  found  necessary  to  re-survey  the  same 
for  the  purpose  of  ascertaining  the  adjacent  vacant  lands,  be  surveyed 
at  the  expense  of  the  United  States ;  any  act  to  the  contrary  notwith- 
standing. 

Sec.  5.  And  be  it  further  enacted.  That  persons  claiming  lands  in 
either  of  the  said  three  districts,  either  under  legal  grants  derived  from 
the  French  or  British  governments,  or  by  virtue  of  actual  possession  and 
improvement,  or  for  any  other  account  whatever,  may  until  the  first  day 
of  November  next,  give  notice  in  writing  to  the  register  of  the  land- 
office  of  their  claims,  and  have  the  evidence  of  the  same  recorded,  in 
the  manner  and  on  payment  of  the  fees  provided  by  the  act  to  which 
this  act  is  a  supplement;  and  the  right  of  any  person  neglecting  to  give 
such  notice  in  writing  of  his  claim,  and  to  have  the  evidence  of  the  same 
recorded,  shall  become  void  and  forever  be  barred. 

The  commissioners  appointed  for  the  purpose  of  examining  the  claims 
of  persons  claiming  lands  in  the  said  three  districts,  shall,  in  their  re- 
spective districts,  have  the  same  powers,  and  perform  the  same  duties 
in  relation  to  the  claims  thus  filed,  as  if  notice  of  the  same  had  been 
given  before  the  first  day  of  January  last ;  and  as  was  provided  by  the 
act  to  which  this  act  is  a  supplement,  in  relation  to  the  claims  therein 
described.  It  shall  be  the  duty  likewise  of  the  clerk  of  each  board  to 
prepare  two  transcripts  of  all  the  decisions  made  by  the  said  commis- 
sioners in  favour  of  the  claimants,  and  to  transmit  one  to  the  surveyor- 
general  and  one  to  the  Secretary  of  the  Treasury.  It  shall  also  be  the 
duty  of  the  said  commissioners,  respectively,  to  make  to  the  Secretary 


An  act  to  authorixe  the  President  of  the  United  States  to  cause  the  public  surveys  to  be  connected  with 
the  line  of  demarcation  between  the  states  of  Indiana  and  Illinois,  March  2,  1833,  chap.  89. 

An  act  to  snthorize  the  states  of  Indiana  and  Illinois,  to  select  certain  quantities  of  land  in  lien  of  like 
quantities  heretofore  granted  to  the  said  states,  for  the  constructinn  of  the  Wabash  and  Erie,  and  Illinois 
ftOd  Michigan  canals.  August  29,  1842,  chap.  262 — See  Vol.  i.  464,  465.     Act  of  M«rch  3,  1845,  ch.  42. 


EIGirrH  CONGRESS.    Sisss.  II.  Ch.  44.     1305. 


345 


of  the  Treasury  a  report  of  all  the  claims  filed  with  the  register  of  the 
land-office,  which  they  may  have  rejected,  together  with  the  substance 
of  the  evidence  adduced  in  support  thereof,  and  such  remarks  thereon 
as  they  may  think  proper ;  and  they  shall  in  relation  to  any  such  rejected 
claims  which  were  founded  on  possession  and  actual  settlement  and  im- 
provement, particularly  state  the  date  of  the  improvement  and  the  quan- 
tity, situation  and  boundaries  of  the  land  claimed.  Those  reports,  to- 
gether with  the  transcripts  of  the  decisions  of  the  commissioners,  in 
favour  of  claimants,  shall  be  laid  by  the  Secretary  of  the  Treasury  before 
Congress  at  their  next  session ;  and  the  lands,  the  claims  to  which  shall 
have  been  affirmed  by  the  commissioners,  as  well  as  those,  the  claims  to 
which,  though  rejected  by  the  commissioners,  were  derived  firom  actual 
possession,  improvement  and  settlement,  shall  not  be  otherwise  disposed 
of  until  the  decision  of  Congress  thereupon  shall  have  been  made.  Each 
of  the  said  commissioners,  and  each  of  the  clerks  of  the  respective 
boards,  shall  be  allowed  an  additional  compensation  of  five  hundred  dol- 
lars, in  full  for  his  services  as  such  in  relation  to  such  claims ;  and  each 
of  the  registers  of  the  land-offices  for  the  said  three  districts,  shall  be 
allowed  a  further  sum  of  five  hundred  dollars,  as  a  compensation  in  full 
for  translating  and  recording,  or  causing  to  be  translated  and  recorded, 
grants,  deeds  or  other  evidences  of  claims  in  the  French  language. 

Sec.  6.  And  be  it  further  enacted.  That  the  governor  of  the  Michigan 
territory  shall  act  as  one  of  the  superintendents  of  the  sales  of  public 
lands  at  Detroit,  in  lieu  of  the  governor  of  the  Indiana  territory.(a) 

Sec.  7.  And  he  it  Jurther  enacted,  That  all  the  sections  heretofore  re- 
served for  the  future  disposition  of  Congress,  and  lying  within  either  of 
the  districts  established  for  the  disposal  of  public  lands  in  the  state  of 
Ohio,  with  the  exception  of  the  section  No.  16,  of  the  Salt  Springs,  and 
lands  reserved  for  the  use  of  the  same,  and  of  the  other  sections  or  tracts 
of  land  otherwise  heretofore  specially  appropriated,  shall  be  offered  for 
sale  in  that  district  within  which  such  reserved  sections  may  lie,  on  the 
same  terms,  and  under  the  same  regulations,  as  other  lands  in  the  same 
district :  Provided,  that  such  sections  shall  previously  be  offered  to  the 
highest  bidder  at  public  sales,  to  be  held  under  the  superintendence  of 
the  register  and  receiver  of  the  land-offices,  respectively,  to  which  they 
are  attached,  on  the  same  terms  as  has  been  provided  for  the  public 
sales  of  the  other  public  lands  of  the  United  States,  and  on  such  day  or 
days  as  shall  by  a  public  proclamation  of  the  President  of  the  United 
States  be  designated  for  that  purpose :  And  provided  also,  that  no  such 
heretofore  reserved  section  shall  be  sold  either  at  public  or  private  sale 
for  less  than  eight  dollars  per  acre. 

Sec.  8.  Ana  he  it  further  enacted.  That  the  expenses  which  may  be 
incurred  by  virtue  of  this  act,  shall  be  defrayed  out  of  the  sums  which 
have  been  or  may  hereafter  be  appropriated  for  defraying  the  expenses 
incident  to  the  surveying  and  disposal  of  the  public  lands  of  the  United 
States,  in  the  Mississippi  and  Indiana  territories. 

Approved,  March  3,  1805. 


Compentatioiit 
of  the  commis. 
■ioneri,  derkt, 
and  registert  of 
land-omcet. 


Act  of  March 
3,  1807,  eh.  34. 


Section!  re- 
served for  the 
diaposition  of 
CongreM,  to  be 
offered  for  tale. 


Provifo. 


ProTito. 


Ezpentec,  how 
to  be  defrayed. 


OTATDTK  II. 

March  3, 1805. 


Chap.  XLIV.— wJn  Jet  in  addition  to  "wJn  act  to  make  provision  forpertont  that 
have  been  disabled  by  known  wounds  received  in  the  actual  service  tf  the  United 
Slates,  during  the  rtvolutionary  wary 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United  The    provi. 

States  of  America  in  Congress  assembled.  That  the  provisions  contained  >io°>  conuined 

in  the  first  section  of  "  An  act  to  make  provision  for  persons  that  have  lj*oJj'o/'*3J  **^| 

been  disabled  by  known  wounds,  received  in  the  actual  service  of  the  of    March  *3, 

(a)  Sec  note  to  act  of  March  3, 1807,  chap.  34,  for  the  acta  relating  to  the  tale  of  lands  in  the  Michigsn 
territory,  and  state. 

Vol.  II. 


346 


EIGHTH  CONGRESS.    Sbss.  H.  Gh.  47.  Resolutions.     1805. 


1803,  ch.  37,  re. 
lating  to  pen- 
si  oDt  extended. 


Penonc  who 
apply  for  a  pen- 
sion must  con- 
form  to  the  re- 
quirements of 
the  act  of  March 
3,  1803,  ch.  37. 


Statutb  II. 


United  States,  daring  the  revolutionary  war,"  passed  the  third  day  of 
March,  one  thousand  eight  hundred  and  three,  are  hereby  extended  to 
all  those  persons  in  the  service  of  the  United  States,  who,  in  consequence 
of  their  disability  by  known  wounds,  received  in  actual  service  during 
the  revolutionary  war,  resigned  their  commissions,  or  took  discharges ; 
or  who,  after  incurring  their  disability,  were  taken  captive  by  the  enemy, 
and  remained  either  in  captivity  or  on  parole,  until  the  close  of  the  war; 
or  who,  in  consequence  of  known  wounds  received  in  the  actual  service 
of  the  United  States,  have  at  any  period  since,  become  and  continued 
disabled,  in  such  manner  as  to  render  them  unable  to  procure  a  subsist- 
ence by  manual  labour  :  Provided,  that  every  person  of  the  several  de- 
scriptions herein  mentioned,  applying  for  a  pension,  shall  in  all  other 
respects  conform  to  the  requirements  of  the  act  to  which  this  is  an  addi- 
tion. 

Approved,  March  3, 1805. 


March  3,  1805.    Chap.  XLVII.— s^n  M  to 


^or  the  aeeommodaium  rf  the  PregiderU  if  the 
United  States, 


Appropriation 
for  the  accom- 
modation of  the 
President  of  the 
United  Sutes. 


Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  President  of  the 
United  States  be,  and  he  is  hereby  authorized  to  cause  to  be  sold  such 
part  of  the  furniture  and  equipage  belonging  to  his  household,  as  may  be 
decayed  and  out  of  repair ;  and  that  the  sum  of  fourteen  thousand  dol- 
lars, together  with  the  proceeds  of  such  sales,  be  appropriated  for  the 
accommodation  of  the  household  of  the  President  of  the  United  States, 
to  be  laid  out  at  his  discretion,  and  under  his  direction. 

Approved,  March  3, 1805. 


RESOLUTIONS. 

Not.  27, 1804.  J,  RisoLUTioif  expreative  of  the  tense  (^  Omgreaa  of  the  gallant  conduct  of  Cap- 
tain Stephen  Decatur,  the  t^jUers  ana  crew  of  the  UnitSi  States  ketch  Intrepid, 
in  attacking ^in  the  harbor  ef  Tripoli,  and  destroying  a  Tripolitan  frigate  of 
forty-four  guns. 

be^  *^*^ted  to  R^solved  by  the  Senate  and  House  of  Representatives  of  the  United 
Ca|SainStephen  States  of  America  in  Congress  assembled,  That  the  President  of  the 
Decatnr.  United  States  be  requested  to  present,  in  the  name  of  Congress,  to  Cap- 

tain Stephen  Decatur,  a  sword,  and  to  each  of  the  officers  and  crew  of 
the  United  States  ketch  Intrepid,  two  months  pay,  as  a  testimony  of  the 
high  sense  entertained  by  Congress  of  the  gallantry,  good  conduct  and 
services  of  Captain  Decatur,  the  officers  and  crew  of  the  said  ketch,  in 
attacking,  in  the  harbor  of  Tripoli,  and  destroying  a  Tripolitan  frigate 
of  forty-four  guns. 

Approved,  November  27,  1804. 


March  3,  1805. 


Thanks  of 
Congress  to  be 

f  resented  to 
om.  Preble, 
his  officers,  pet- 
ty officers,  and 
men. 


A  gold  medal 
to  be  presented 
to  him. 


II.  Resolutions  expressive  of  the  unn  if  Congress  of  the  gallant  conduct  if  Com* 
mitdore  Edward  Freble,  the  rfficers,  seamen  and  marines  of  his  squadron. 

Resolved  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  thanks  of  Congress 
be,  and  the  same  are  hereby  presented  to  Commodore  Edward  Preble, 
and  through  him  to  the  officers,  petty  officers,  seamen  and  marines  at- 
tached to  the  squadron  under  his  command,  for  their  gallantry  and  good 
conduct,  displayed  in  the  several  attacks  on  the  town,  batteries  and 
naval  force  of  Tripoli,  in  the  year  one  thousand  eight  hundred  and  four. 

Resolved,  That  the  President  of  the  United  States  be  requested  to 
cause  a  gold  medal  to  be  struck,  emblematical  of  the  attacks  on  the 


EIGHTH  CX>NGRESS*    Sua.  H.  Rssolutions.     1805. 


847 


town,  batteries  and  naval  force  of  Tripoli,  by  the  squadron  under  Coqh 
modore  Preble's  command,  and  to  present  it  to  Commodore  Preble,  in 
such  manner  as  in  his  opinion  will  be  most  honourable  to  him.  And 
that  the  President  be  further  requested  to  cause  a  sword  to  be  presented 
to  each  of  the  commissioned  officers  and  midshipmen  who  have  distin- 
guished themselves  in  the  several  attacks. 

Resolved,  That  one  month's  pay  be  allowed  exclusively  of  the  com- 
mon allowance  to  all  the  petty  officers,  seamen  and  marines  of  the 
squadron,  who  so  gloriously  supported  the  honour  of  the  American  flag, 
under  the  orders  of  their  gallant  commander  in  the  several  attacks. 

Resolved,  That  the  President  of  the  United  States  be  also  requested 
to  communicate  to  the  parents  or  other  near  relatives  of  Captain  Richard 
Somers,  lieutenants  Henry  Wadsworth,  James  Decatur,  James  R.  Cald- 
well, Joseph  Israel,  and  midshipman  John  Sword  Dorsey,  the  deep  re- 
gret which  Congress  feel  for  the  loss  of  those  gallant  men,  whose  names 
ought  to  live  in  the  recollection  and  affection  of  a  grateful  country,  and 
whose  conduct  ought  to  be  regarded  as  an  example  to  future  genera- 
tions. 

Approved,  March  3, 1805. 


A  fwoid  to 
be  preaented  to 
eacn  of  the 
commiMioned 
officenandmid- 
fhipmen* 

One  month'e 
additional  pay 
allowed  to  the 
petty  officera, 
aeamenandma- 
rinea. 


ACTS  OF  THE  NINTH  CONGRESS 


UNITED  STATES, 

Pasted  at  the  fir$t  sessioUy  which  was  begun  and  held  at  the  City  of 
Washington,  in  the  District  of  Cohanhia,  on  Monday,  the  second  day 
of  December,  1805,  and  ended  on  the  twenty-first  day  of  April,  1806. 

Thomas  Jefferson,  President;  George  Clinton,  Vice  President  of 
the  United  States  and  President  of  the  Senate;  Samuel  Smith,  Pre- 
sident of  the  Senate  pro  tempore,  on  the  11th  of  December,  1805,  and 
from  the  28th  of  March,  1806;  Nathaniel  Macon,  Speaker  of  the 
Hoase  of  Representatiyes. 


STATUTE  I. 


Dec.  11, 1806.    Chapter  I.— ^fi  Ad  making  an  addiUonal 
during  the  year  one  thousand 


edfor 


latum  far  the  Naval  serviUf 
hunarea  ana  nwe» 
[Obsolete.] 

Additional  Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 

■vm  approj^ri&t-   States  of  America  in  Congress  assemblea.  That  in  addition  to  the  sum 
^  '''^-  ^  heretofore  appropriated  for  that  object,  the  sum  of  two  hundred  and 

fifty  thousand  dollars  be,  and  the  same  hereby  is  appropriated  towards 
defraying  the  expenses  of  the  navy  of  the  United  States,  during  the  year 
one  thousand  eight  hundred  and  five. 

Sec.  2.  And  be  it  further  enacted.  That  the  aforesaid  sum  shall  be 
paid,  first,  out  of  the  monies  accruing  at  the  end  of  the  year  one  thou- 
sand eight  hundred  and  five,  from  the  duties  laid  by  the  act,  passed  on 
the  twenty-fifth  day  of  March,  one  thousand  eight  hundred  and  four, 
1804,  eh.  46.  intituled  <<An  act  further  to  protect  the  commerce  and  seamen  of  the 
United  States  against  the  Barbary  powers ;"  and  secondly,  out  of  any 
monies  in  the  treasury  not  otherwise  appropriated. 
Approved,  December  11,  1805. 


Oat  of  what 
fund  it  is  to  he 
paid. 


Statutb  1. 


[Obiolete.] 


Dec.  81, 1806.  Chap.  II — Jin  Jet  supplementary  to  the  **Jct  making  provision  for  the  payment 
efektime  ifeitizena  if  the  United  States  on  the  goventment  tf  ^Vonee,  the  pay' 
mend  cf  which  has  been  atsumed  by  the  United  Saiei,  by  virtue  of  the  eonveiuion 
ef  the  thirtieth  day  ^  JpriU  one  thousand  eight  hundred  and  ihrte^  between  the 
fhiited  Slates  and  the  iVtneh  RqmbHe.^^ 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  balance  of  the  ap- 
propriation of  three  millions  se?en  hundred  and  fifty  thousand  dollars, 
made  by  the  act  to  which  this  is  a  supplement,  which  may  remain  un- 
expended on  the  thirty-first  of  December,  one  thousand  eight  hundred 
and  five,  shall  not  be  carried  to  the  credit  of  the  surplus  fund,  but  shall 
remain  appropriated  to  the  same  purpose  for  which  it  was  originally 
appropriated,  any  act  to  the  contrary  notwithstanding. 

Approved,  December  31, 1806. 
348 


The 
pended  helance 
of  a  ram  here- 
tofore appropri- 
ated for  pajing 
claimaanderthe 
French  cooTen- 
tion,  not  to  go 
to  the  rarplaa 
fond. 

Act  of  Not.  10, 
1803,  ch.  8. 


NINTH  CONQRESS.    Sbss.  I.  Gh.  3,  4, 5.    180a 


349 


addHional  appropnaUom  to  tuppiy  tke  d^kiencu  in     Jan.  28, 
mt  ihoumuid  eigkt  muh'   


iMNNi/MrvMe,  diring  Uu  ymt  one  i 


Statute  L 
1806. 


▲farther  I 


Cbap.  IIL— y|»«^  mMngtm 
ike  oppnpiitUum  for  the 
ttrto  onAjbto^ 

Be  U  enacted  5jr  the  Senaie  and  House  of  Repreuniatioes  of  the  United 
States  of  America  in  Congress  assembUdl  Thsii  for  Buppiying  the  defici-  ^P?>*"^^J|^ 
eacy  in  the  ^propriation  for  the  naval  Berrice,  during  the  year  one  tboti-  ^SScj  in  &  fori 
sand  eight  handred  and  five,  the  further  sum  of  three  hundred  and  fifty  mer  approprU- 
thooaand  dollars,  to  be  paid  out  of  any  monies  in  the  treasury,  not  other-  ^^^* 
ise  appropriated,  be,  and  the  same  hereby  is  appropriated 

Approyed,  January  23, 1806. 


C^AF.  IV. — Jn  Jet  to  provide  for 
ded&re  RoeAur^  in  ike  state  tf 


in  Long  Island  sound  i  and  to 
to  be  a  port  €f  deUfferyi. 


Bt  a  enacted  Sy  the  StnaU  and  House  ^FRepresentatives  of  the  United 
States  4f  America  in  Congress  assembled.  That  the  Secretary  of  the  Trea- 
sury  shall  be,  and  he  hereby  is  authorized  and  required,  to  cause  two 
good  and  suffioient  lighthouses  to  be  erected  in  L^i>g  Island  sound,  one 
to  be  placed  on  Watch  Hill  Point,  in  the  town  of  Westerly,  and  state  of 
Rhode  Island,  and  the  other  on  Sands's  or  Watch  Point,  in  the  town  of 
Northampeted^  on  hong  Island,  in  the  state  of  New  York,  and  to  ap- 
WHnt  the  keepers  of  the  said  lighthouses,  (under  the  direction  of  the 
President  of  the  United  States,)  and  otherwise  proyide  for  such  light- 
houses, at  the  expense  of  the  United  States :  Provided,  that  sufficient 
land,  for  the  accommodation  of  such  lighthouses,  can  be  obtained,  at  a 
reasonable  price,  and  the  legislatures  of  Rhode  Island  and  New  York 
shall  cede  the  iurisdiction  o?er  the  same  to  the  United  States.  And  a 
sum  not  exceeain|;  six  thousand  dollars,  is  hereby  appropriated  for  the 
purpose  of  defraying  the  expense  of  erecting  the  said  lighthouses,  to  be 
paid  out  of  any  monies  in  the  treasury,  not  otherwise  appropriated. 

Sbc.  %  And  he  it  further  enacted,  That  it  shall  be  the  duty  of  the 
SecreUry  of  the  Treasury  to  cause  the  said  liffhthouses  so  to  be  con- 
structed, that  their  lights,  on  being  discoyered,  may  with  certainty  be 
distinguiriied  from  those  of  all  other  lighthouses,  heretofore  erected  in 
their  neighbourhood. 

Sec.  3.  And  be  it  further  enacted.  That  die  town  or  landing  place  of 
Roxbury,  in  the  state  of  Massachusetts,  riiall  be  a  port  of  delivery,  to  be 
annexed  to  the  district  of  Boston  and  Charlestown,  and  shall  be  subject 
to  the  same  regulations  and  restrictions,  as  other  ports  of  deliyery  in  the 
United  Statea 

Appbotkd,  January  2^,  1800L 


Statutk  I. 


Jul.  S8, 1806. 


A  lichthoaM 
to  be  placed  on 
Watek  HiQ 
Point,  and  onm 
OB  Sanda'fl  or 
Waleh  Poiat  in 
LoDg  bland 
Sound. 

Keeperatobo 
appointed. 

Broviao. 


Thehonaeato 
be  ao  eonatanct. 
ed,  aa  that  their 
lip;htay  on  being 
diacoTored,  may 
be  diatingniah- 
ed  from  other 
lighta. 

Roibnrj,  in 
Maaaaehoaetta, 
to  be  annexed 
to  the  diatriet 
or  ^aton  and 
Charleatows. 

1799,ch.SS. 

Statdtb  I. 


Cbaf.  V.-^ln  Jet  making  prooiaUm  for 
attending  the  intercourse  between  the  Ui 


\ng  anj/  eatraordinarff  expenses    Feb.  18, 1806. 
Statee  and  foreign  nations,  


Be  a  enacUd  by  the  Senate  and  H&use  of  Representatives  of  the  United 
States  of  America  m  Congress  asseaibled.  That  a  sum  of  two  millions  of 
dollafs  be,  and  the  same  is  hereby  appropriated  towards  defraying  any 
extraordinary  expenses  which  may  be  incurred  in  the  intercourse  be- 
tween the  United  States  and  foreign  nations,  to  be  paid  out  of  any 
Bioney  in  the  treasitfy,  not  otherwise  appropriated,  and  to  be  i^i^ed 
uiuter  th^  direction  of  the  President  of  the  United  States^  who  shall 
cause  an  aeoouni  thereof  to  he  laid  befiye  C^gress  as  soon  as  may  be. 

Sao.  3.  AMd  he  it  further  enacted,  That  the  President  of  the  United 
SMQs  be,  aa4  hereby  ie  authorised,,  if  neoessaiy,  ti^  bortow  the  said  sum, 
or  any  part  thereof,  in  behalf  of  die  United  SMMt,  a|  a  rate  of  interea* 
not  exceeding  six  per  centum,  per  annonny  redeesnable  at  the  will  of  the 

2G 


(Obaolete.1 
Sum    appro- 
priated. 


Pretident  an- 
thorised  to 
eaoae  the  mo« 
ney  to  be  bor* 


Ratee  of  In* 


350 


NINTH  CONGRESS.    Sess.  1.  Ch.  6,  7, 8.    1806- 


Congress  of  the  United  States.    And  it  shall  be  lawful  for  the  Bank  of 
the  United  States  to  lend  the  whole,  or  any  part  of  the  same. 
Fund  made       Sec.  3.  And  he  it  Jwrther  enacted,  That  so  much  as  may  be  necessary 
Bubject  to  the   ©f  the  surplus  of  the  duties  on  imports  and  tonnage,  beyond  the  per- 
of  priQcipd  and   ™&i>cnt  appropriation  heretofore  charged  upon  them,  by  law,  shall  be, 
^^-  paying  of   and  hereby  is  pledged  and  appropriate  for  the  payment  of  the  interest, 
and  reimbursement  of  the  principal,  of  all  such  monies  as  may  be  bor- 
rowed in  pursuance  of  this  act,  according  to  the  terms  and  conditions 
on  which  the  loan  or  loans  may  be  effect^. 
Approted,  February  13,  1806. 


the    .   .    ^ 
the  interest. 


Statctx  I. 


Feb.  21, 1806.     Chap.  VI.— vtfti  Act  making  a  further  appropriaiionfor  the  iupport  cf  a  Library, 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
SteUes  of  America  in  Congress  assembled^  That  in  addition  to  the  unex- 
pended balance  of  the  former  appropriation  made  to  purchase  books  for 
the  use  of  Congress,  which  is  hereby  revived  and  continued,  there  shall 
be  appropriated  the  sum  of  one  thousand  dollars  yearly,  for  the  term  of 
five  years;  to  be  paid  out  of  any  monies  in  the  treasury  not  otherwise 
appropriated,  and  expended  under  the  direction  of  a  joint  committee,  to 
consist  of  three  members  of  the  Senate,  and  three  members  of  the  House 
of  Representatives,  to  be  appointed  every  session  of  Congress,  during 
the  continuance  of  this  appropriation. 

Approved,  February  21, 1806. 


Unexpended 
balance  revived 
and  continned: 
additional  ap. 
propriation 
maae :  to  bo 
applied  under 
the  direction  of 
a  joint  commit- 
tee  or  the  Se- 
nate  and  Home 
of  Representa- 
tives. 

1802,  ch.  8. 

1811,  ch.  S. 

Statutk  L 


Feb.  21, 1806.     Chap.  VII An  Ad  to  repeal  in  part,  the  ^ 


Act  of  March 
3, 1795,  ch.  49. 

Repeal  of  the 
4th  sec.  of  a  for. 
mer  act,  which 
imposes  the 
condition  of  ac- 
taal  settlement. 


act  to  authorize  a  grant  rf  landu  to  the  Drench  in 
other  purpose*  therein  mentionedJ*^ 


■  an  aet^  intUukd  "An 
I  tf  ChUHcpoKs^  and  for 


Be  it  enacted  by  the  Senate  and  House  of  Representaiwes  of  the  United 
States  of  America  in  Congress  assembled.  That  so  much  of  the  fourth 
section  of  an  act,  intitul^  <'An  act  to  authorize  a  grant  of  lands  to  the 
French  inhabitants  of  Galliopolis,  and  for  other  purposes  therein  men- 
tioned," as  imposes  the  condition  of  an  actual  settlement  on  the  sa^d 
inhabitants,  or  any  of  them,  their  heirs  or  assigns,  be,  and  the  same  is 
hereby  repealed.  And  in  every  case  where  a  patent  has  issued,  in  con- 
formity with  the  said  fourth  section,  to  anv  of  the  inhabitants  aforesaid^ 
their  heirs  or  assigns,  the  conditions  aforesaid,  inserted  in  any  such 
patent,  shall  be  considered  null  and  void ;  and  the  fee  simple  be  vested 
to  all  intents  and  purposes,  in  the  person  to  whom  such  patent  has  been 
issued,  his  or  her  heirs  or  assigns. 

Approved,  February  21,  1806. 


Statute  I. 


yeb.  21,  1806. 

[Obsolete.] 

Their  accounts 
to  be  settled  by 
the  accounting 
officers  of  the 
treasury. 


Chap.  VIII.— ^fn  Ad  for  the  reUrf  tf  the  Gotemor,  Secretary,  andJudgeecf  the 
late  territory  rfthe  United  Statet,  northwest  tfthe  river  Ohio, 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  proper  accounting 
officers  of  the  treasury  be,  and  they  hereby  are  authorized  and  directed 
to  settle,  at  the  rate  of  compensation  heretofore  established,  the  accounts 
of  the  governor,  secretary  and  judges  of  the  late  territory  of  the  United 
States,  northwest  of  the  river  Ohio,  for  their  services  while  acting  in 
those  capacities,  respectively,  at  any  time  between  the  twenty-ninth  day 
of  November,  one  thousand  eight  hundred  and  two,  and  the  fini  Tues- 
day of  March,  one  thousand  eight  hundred  and  three. 

Approvbd,  February  21,  1806. 


NINTH  CONGRESS.    Sess.  I.  Ch.  9.     1806. 


351 


Chap.  IX.— *tffi  Act  to  nupend  the  commercial  inUreourae  between  the  United 
Staieay  and  certain  parU  cf  the  island  ff  St.  J)omingo.(a) 

Be  a  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  m  Congress  assembled^  That  all  commercial  inter- 
course between  any  person  or  persons  resident  within  the  United  States, 
and  any  person  or  persons  resident  within  any  part  of  the  island  of  St. 
Domingo,  not  in  possession,  and  under  tlie  acknowledged  government 
of  France,  shall  be,  and  is  hereby  prohibited ;  and  any  ship  or  vessel, 
owned,  hired  or  employed,  wholly  or  in  part,  by  any  person  or  persons 
resident  within  the  United  States,  and  sailing  from  any  port  of  the  United 
States,  after  due  notice  of  this  act  at  the  custom-houses,  respectively, 
which  contrary  to  the  intent  hereof,  shall  be  voluntarily  carried;  or  shall 
be  destined  to  proceed,  whether  directly,  or  from  any  intermediate  port 
or  place,  to  any  port  or  place  within  the  island  of  St.  Domingo,  and  not 
in  possession,  and  under  the  acknowledged  government  of  France ;  and 
also  any  cargo  which  shall  be  found  on  board  of  such  ship  or  vessel, 
when  detected  and  interrupted  in  such  unlawful  purpose,  or  at  her 
return  from  such  voyage,  to  the  United  States,  shall  be  wholly*  forfeited, 
and  may  be  seized  and  condemned  in  any  court  of  the  United  States 
having  competent  jurisdiction. 

Sec.  2.  And  be  it  further  enacted,  That  after  due  notice  of  this  act 
at  the  several  custom-houses,  no  ship  or  vessel  whatever  shall  receive  a 
clearance  for  any  port  or  place  within  the  island  of  St.  Domingo,  and 
not  in  the  actual  possession  of  France:  nor  shall  any  clearance  be 
granted  for  a  foreign  voyage  to  any  ship  or  vessel,  owned,  hired,  or  em- 
ployed, wholly  or  in  part,  by  any  person  or  persons,  resident  within  the 
United  States,  until  the  owner  or  the  employer  for  the  voyage,  or  his 
factor  or  agent,  with  the  master,  shall  give  bond  to  the  United  States, 
in  a  sum  equal  to  the  value  of  the  vessel  and  of  her  cargo,  with  condi- 
tion that  the  ship  or  vessel,  for  which  a  clearance  shall  be  required,  is 
destined  to  some  port  or  place  without  the  limits  of  such  part  of  the 
island  of  St.  Domingo,  as  shall  not  be  in  the  actual  possession,  and 
under  the  acknowledged  government  of  France,  and  during  the  intended 
voyage  shall  not  be  voluntarily  carried,  or  permitted  to  proceed,  whether 
directly  or  from  any  intermediate  port  or  place,  to  any  port  or  place 
within  such  part  of  the  island  of  St.  Domingo,  as  shall  not  be  in  the 
actual  possession,  and  under  the  acknowledge  government  of  France; 
and  in  case  of  being  forced  by  any  casualty  into  any  port  or  place  hereby 
interdicted,  shall  not,  at  any  such  port  or  place,  voluntarily  sell,  deliver, 
or  unlade  any  part  of  such  cargo,  except  so  much  as  may  be  absolutely 
necessary  to  defray  the  expenses  requisite  to  enable  such  vessel  to  pro- 
ceed on  her  intended  voyage ;  and  generally,  that  such  ship  or  vessel, 
whilst  on  such  voyage,  shall  not  be  employed  in  any  traffic  or  commerce, 
with  or  for  any  person  resident  within  any  part  of  the  island  of  St. 
Domingo,  not  in  the  actual  possession,  and  under  the  acknowledged 
government  of  France. 

Sec.  3.  And  be  it  further  enacted,  That  all  penalties  and  forfeitures 
incurred  by  force  of  this  act,  and  which  may  be  recovered,  shall  be  dis- 
tributed and  accounted  for,  in  the  manner  prescribed  by  the  act,  intituled 
<'An  act  to  regulate  the  collection  of  duties  on  imports  and  tonnage," 
passed  the  second  day  of  March,  one  thousand  seven  hundred  and 
ninety-nine,  and  may  be  mitigated  or  remitted  in  the  manner  prescribed 
by  the  act,  intituled  '<An  act  to  provide  for  mitigating  or  remitting  the 
forfeitures,  penalties  and  disabilities  accruing  in  certain  cases  therein 
mentioned ;"  passed  the  third  of  March,  one  thousand  seven  hundred 


Statute  I. 

Feb.  28,  1806. 

[Expired.] 
Commercial 
intercourse  with 
certmin  parts  of 
St.  Dommgo  in- 
terdicted. 

Penalties   for 
Tiolating   the 
provision  above 
suted. 


Clearances  to 
be  given  to  no 
vessel  destined 
to  any  parts  of 
St.  Domingo  but 
those  in  posses, 
aion  of  France. 

Bonds  to  be 
given  in  cases 
of  destinations 
to  foreign  porta, 
not  to  touch  at 
such  parts  of 
the  island  of  St. 
Domingo,  flee, 
flee. 


How  the  pe. 
nalties  and  tor- 
feitnres,  are  to 
be  accounted 
for. 

Act  of  March 
2, 1799,  ch.  22. 


Act  of  March 
3,  1797,  ch.  13. 


(a)  This  act  was  continued  in  force  until  the  next  session  of  Congress  after  February  24,  1807. 
of  February  24,  1807,  chap.  17. 


Act 


NINTH  CONGRESS.    Ssss.  I.  Gh.  19,  11.    1806. 


Act  of  Feb. 
11,  1800,  oh.  16. 

CoDtinuanee 
of  this  act. 

PrendoAt  aa. 
thoriaed  to  ra- 
initthedlaabiU- 
tiea,  he.  8cc. 


Statutk  I. 
Feb.  28,  1806. 


Secretarj  of 
the  Treaaury  to 
eaaae  a  tract  of 
land  to  be  tor. 
rejed,  the  lite 
of  fort  Wash. 
Ington^andiold, 
kc,  ke. 


Statute  I. 

Feb.  88,  1806. 

Act  of  March 
S,  1806,  ch.  26. 

Powers  of  the 
aurTevor  gene* 
ral  to  be  extend- 
ed to  the  terri. 
tory  of  Lonit. 
iana. 

Deputy  tur. 
veyors  to  be  ap- 
pointed. 

Their  dutiei, 


and  ninety-seven,  and  made  perpetual  by  an  act  paaaed  the  eleventh  of 
February,  one  thousand  eight  hundred. 

Sec.  4.  And  be  it  Juriher  enacted,  That  this  act  shall  continue  and 
be  in  force  for  one  year,  and  no  longer. 

Sec.  5.  And  be  it  further  enaetedf  That  at  any  time  after  the  pass- 
ing of  this  act,  it  shall  be  lawful  for  the  President  of  the  United  States, 
if  he  shaU  deem  it  expedient  and  consistent  with  the  interests  of  the 
United  States,  by  his  order,  to  remit  and  discontinue  the  restraints  and 
prohibitions  on  the  commerce  aforesaid. 

Approteo,  February  28, 1806. 


Chap.  X.— yfn  Jiet  authorizing  the  aak  cf  a  tract  tf  ktnd^  in  the  town  of  Oinein* 
naiif  and  Mate  tf  Ohio, 

Be  it  enacted  by  the  Senate  and  House  of  Representatwes  of  the  United 
States  of  America  in  Congress  assembledy  That  for  the  disposal  of  a 
certain  tract  or  lot  of  land,  belonging  to  the  United  States,  in  the  town 
of  Cincinnati,  on  the  Ohio,  being  the  same  on  which  Fort  Washington 
was  erected,  the  Secretanr  of  the  Treasury  shall  cause  the  said  tract  to 
be  surveyed  and  laid  off  into  town  lots,  streets  and  avenues,  in  such 
manner,  and  of  such  dimensions  as  he  may  judge  proper,  conforming 
as  near  as  may  be  to  the  original  plan  of  the  town ;  when  the  survey  is 
completed,  a  plat  thereof  sl^l  be  returned  to  the  surveyor-general,  on 
which  the  lots  shall  be  denominated  by  progressive  numbers,  who  shall 
therefronx  cause  two  copies  to  be  made,  one  to  be  transmitted  to  the 
Secretary  of  the  Treasury,  and  the  other  to  the  register  of  the  land- 
office  at  Cincinnati :  on  the  receipt  of  which  plat,  the  Secretary  of  the 
Treasury  shall  cause  the  said  town  lots  to  be  offered  to  the  highest 
bidder  at  public  sale,  to  be  held  at  Cincinnati,  under  the  superintendence 
of  the  register  and  receiver  of  the  land-office  in  the  district  of  Cincin- 
nati, on  Sie  same  terms  and  conditions  as  have  been  provided  for  the 
public  sale  of  the  public  lands  of  the  United  States.  Six  weeks' notice 
shall  be  given  of  the  day  of  sale,  in  at  least  two  newspapers  published 
in  the  state  of  Ohio. 

Approved,  February  28,  1806. 


Cbap.  XL— ^  Jet  extending  the  powers  <f  the  Surveyor'general  to  the  territory 
of  Lotsinanaf  and  for  other  purpoees, 

JBe  it  enacted  by  the  Senate  and  Home  of  Rqnresentathfes  oftkeUnited 
States  of  America  in  Congress  assembled,  That  the  powers  vested  by  law 
in  the  surveyor-general,  shall  extend  over  all  the  public  lands  of  the 
United  States,  in  the  territory  of  Louisiana,  to  which  the  Indian  title 
has  been  or  hereafter  shall  be  extinguished.  It  shall  be  the  duty  of  the 
said  surveyor-general  to  appoint  a  sufficient  number  of  skilful  surveyors, 
as  his  deputies,  in  the  said  territory,  one  of  whom  he  shall,  with  the 
approbation  of  the  Secretary  of  the  Treasury,  designate  as  his  principal 
deputy  for  the  same.(a)  Which  said  deputies  shaU  severally  take  an 
oath,  or  affirmation,  truly  and  faithfuUy  to  discharse  the  duties  of  their 
respective  offices.  The  said  principal  deputy  shall  reside  and  keep  an 
office  in  the  said  territory,  and  shall,  under  the  superintendence  of  the 
surveyor-general,  execute  or  cause  to  be  executed  by  the  other  deputies, 
such  surveys  as  may  hereafter  be  authorized  by  law,  or  as  he  may  be 
directed  to  execute  by  the  commissioners  appointed  for  the  purpose  of 
ascertaining  the  titles  and  claims  to  land  within  the  territory  aforesaid  ; 
and  shall  generally  perform  therein,  in  conformity  with  the  regulations 


(lO  By  the  8d  •ection  of  the  act  of  April  S9, 1816,  ehap.  51,  to  miieh  of  the  «ct  of  Febma^  88,  IdOS, 
at  prondea  for  the  appointment  of  a  pnneipa)  deputy  as  ia  inconaistent  with  the  act  of  1816,  m  repealei. 


NINTH  CONGRESS.    Sess,  I.  Ch.  12.    1806. 


353 


lad  inBtroctions  of  the  said  BQrveyor-general,  the  duties  imposed  by  Jaw 
on  the  said  suireyor-geoeral. 

Sec.  2.  And  be  it  further  enacted^  That  all  the  plots  of  surveys,  and 
all  other  papers  and  documents  pertaining,  or  which  did  pertain  to  the 
office  of  surveyor-general,  under  the  Spanish  government,  within  the 
limits  of  the  territory  aforesaid,  or  to  any  other  office  heretofore  estab- 
lished or  authorized,  for  the  purpose  of  executing  or  recording  surveys 
of  lands  within  the  said  limits,  shall  be  delivered  to  the  principal  deputy 
aforesaid;  and  no  plot  of  survey  shall  be  admitted  as  evidence,  in  any 
court  of  justice,  unless  certified  by  the  said  principal  deputy,  to  be  a 
true  copy  of  the  record  in  his  office. 

Sec.  3.  And  he  it  ^further  enacted,  That  so  much  of  the  act,  intituled 
'*An  act  for  ascertaining  and  adjusting  the  titles  and  claims  to  land 
within  the  territory  of  Orleans  and  the  district  of  Louisiana,"  as  makes 
it  the  duty  of  every  claimant  to  lands,  within  the  territory  of  Louisiana, 
to  deliver  to  the  recorder  of  land  titles  a  plot  of  the  tract  or  tracts, 
claimed  by  him,  be,  and  the  same  is  hereby  repealed,  so  far  as  relates  to 
claimants  whose  tracts  had  not  been  surveyed  by  the  proper  officer, 
under  the  Spanish  government,  prior  to  the  twentieth  day  of  December, 
one  thousand  eight  hundred  and  three.  And  the  commissioners  ap- 
pointed for  ascertaining  the  titles  and  claims  to  lands,  within  either  the 
territory  of  Louisiana,  or  that  of  Orleans,  are  hereby  authorized  to 
direct  the  officer  exercising  the  powers  of  surveyor-general,  within  the 
same,  to  execute  such  surveys  as  they  may  think  necessary,  for  the  pur- 
pose of  deciding  on  claims  presented  for  their  decision :  Provided,  that 
the  expense  of  executing  such  surveys  shall  be  defrayed  by  the  parties 
claiming  the  land,  unless  the  same  be  claimed  by  a  legal  French  or 
Spanish  grant,  made  and  completed  before  the  first  day  of  October,  one 
thousand  eight  hundred :  And  provided  also,  and  it  is  hereby  further 
enacted,  that  every  such  survey,  as  well  as  every  other  survey,  by  whatr 
ever  autliority  heretofore  executed,  those  of  the  4ibove-mentioned  legal 
and  complete  titles  only  excepted,  shall  be  held  and  considered  as  private 
surveys  only;  and  all  the  tracts  of  land,  the  titles  to  which  may  be  ulti- 
mately confirmed  by  Congress,  in  conformity  with  the  provisions  of  the 
act  above  mentioned,  shall,  prior  to  the  issuing  of  patents,  be  re-surveyed, 
if  judged  necessary,  under  the  authority  of  the  person  exercising  the 
powers  of  surveyor-general,  and  at  the  expense  of  the  parties. 

Sec.  4.  And  be  tt  further  enacted.  That  the  surveyor-general  shall 
fix  the  compensation  of  the  deputy  surveyors,  chain  carriers,  and  axe 
men,  in  the  territory  of  Louisiana :  Provided,  that  the  whole  expense 
of  surveying  and  marking  the  lines,  whether  paid  by  the  United  States, 
or  by  individuals,  shall  not  exceed  three  dollars  per  mile,  for  every  mile 
thai  shall  be  actually  run,  or  surveyed  and  marked.  And  the  principal 
deputy  aforesaid,  shall  be  entitled  to  receive  from  individuals  the  follow- 
ing fees,  that  is  to  say :  for  examining  and  recording  the  surveys  exe- 
cuted by  any  of  the  deputies,  at  the  rate  of  twenty-five  cents  for  every 
mile  of  the  boundary  line  of  such  survey,  and  for  a  certified  copy  of  any 
plot  of  a  survey  in  his  office,  twenty-five  cents. 

Approved,  February  28,  1806. 


Plot!  of  iiir. 
Teji  appertain. 
ms  to  the  office 
or  lorveyor-ge. 
neral  ander  the 
Spanish  goreni- 
ment  to  be  de> 
liTered  to  the 
principal  depa. 
tj:  wnat  copies 
are  good  evi. 
dence. 

Part  of  a  for. 
meract  reapectt 
ing  plot!  of  land, 
fcc.  fcc.  repeal, 
ed. 

Act  of  March 
ft,  1806,  ch.  S6, 
sect  4. 


Commission, 
ers  authorised  lo 
direct  such  sur- 
veys as  they 
may  think  ne. 
cessary  for  the 
ascertainment 
of  titles. 
Proviso. 


Private    sur. 
Teys  excepted. 


All  tracts  to 
which  the  title 
shall  be  con. 
firmed  by  Con. 
gross,  shall  be 
re.snnreyed. 

Compensations. 
Proviso. 


Statute  I. 
Feb.  S8,  1806. 


[Obsolete.] 


Chap.  XII.— ^n  Jet  declaring  the  content  of  Coiwresa  to  an  act  tf  the  tiale  of 
Fenntyhania^  intituled  ^^An  act  to  empower  the  board  (f  wardenM,  for  the  port 
if  Fhiladehhiaj  to  collect  a  certain  duty  on  tonnage^  far  the  purpotee  therein 
meniionedJ" 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United  Assent  of  Con- 

States  of  America  in  Congress  assembled.  That  the  consent  of  Ck>ngre8s  g»"«»«  '<>  «».  «ct 

be,  and  it  is  hereby  granted  and  declared  to  the  operation  of  an  act  of  jfreof  Pennsyi! 

the  legislature  of  Pennsylvania,  passed  on  the  first  day  of  April,  in  the  vania,  laying  n 

Vol.  IF.— 4i»  2  o  2 


354 


NINTH  CONGRESS.    Sess.  I.  Ch.  13, 14.     1896. 


daty 
nage. 


oa   ton- 


year  one  thousand  eight  hundred  and  five,  intituled  *'  An  act  to  em- 
power the  board  of  wardens,  for  the  port  of  Philadelphia,  to  collect  a 
certain  duty  on  tonnage,  for  the  purposes  therein  mentioned,"  so  far  as 
to  enable  the  state  of  Pennsylvania  to  collect  a  duty  of  four  cents  per 
ton,  on  all  vessels  which  shall  dear  out  from  the  port  of  Philadelphia  for 
any  foreign  port  or  place  whatever,  to  be  expended  in  building  piers  in, 
and  otherwise  improving  the  navigation  of  the  river  Delaware,  agree- 
ably to  the  intentions  of  the  said  act. 
Approved,  Feb.  28, 1806. 


Statute  I. 
Feb.  28,  1806. 


June  term  of 
thft  court  chanff- 
cd. 


ProcoM  made 
returnable  ac- 
cordingly. 


Altered  1807, 
ch.6. 


July    district 
court   of  Ken- 
tucky abolish- 
ed. 


Chap.  XIII. — Jn  Act  for  altering  the  time  for  holding  ike  circuit  etmrt^  in  the 
diitriet  of  North  Carolina  f  and  for  aboHeking  the  July  term  if  the  Kentucky 
dietriet  court. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  June  term  of  the  cir- 
cuit court  now  holden  for  the  district  of  North  Carolina,  on  the  fif- 
teenth day  of  June,  shall  commence  and  be  holden  on  the  twentieth  day 
of  the  same  month,  any  thing  contained  in  any  former  act  or  acts  to  the 
contrary  notwithstanding.  And  that  all  actions,  suits,  process,  pleadings, 
and  other  proceedings  of  what  nature  or  kind  soever,  civil  or  criminal, 
commenced  or  to  commence  in  the  said  court;  and  all  recognizances 
retumaUe  to  the  said  court  on  the  fifteenth  day  of  June,  shall  be  con- 
tinued, returned  to,  and  have  day  in  the  session  to  be  holden  by  this  act» 
and  the  same  proceedings  shall  be  had  thereon  as  heretofore,  and  shall 
have  all  the  effect,  power,  and  virtue  as  if  the  alteration  had  never  been 
made :  Provided  nevertheless,  that  when  the  twentieth  day  of  June  shall 
happen  on  Sunday,  the  next  shall  be  the  first  juridical  day. 

Sec.  2.  And  be  it  further  enacted,  That  from  and  after  the  first  day 
of  August  next,  so  much  of  all  and  every  act  or  acts,  as  directs  that  a 
district  court,  for  the  Kentucky  district,  shall  be  holden  on  the  first 
Monday  in  July,  in  every  year,  shall  be,  and  the  same  is  hereby  repealed. 

Approved,  Feb.  28,  1806. 


Statvtk  I.  

March  8,  1806.    Chap.  XIV.— ^n  Act  to  extend  juriadietion  in  certain  catee  to  etate  Judges  and 
etate  court».(a) 


Jurisdiction 
given  to  certain 
state  courts  in 
cases  of  forfisit- 
ures  and  penal- 
ties under  the 
revenue  laws  of 
the  U.S. 

1808.  ch.  61. 


Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  respective  county 
courts  within,  or  next  adjoining  the  revenue  districts  herein  after  men« 
tioned,  shall  be  and  are  hereby  authorized  to  take  cognizance  of  all 
complaints  and  prosecutions  for  fines,  penalties,  and  forfeitures,  arising 
under  the  revenue  laws  of  the  United  States,  in  the  districts  of  Cham- 
plain,  Sacket  Harbor,  Oswego,  Gennessee,  Niagara,  and  Bufialoe  Creek, 
in  the  state  of  New  York,  and  in  the  district  of  Presque  Ide,  in  the 
state  of  Pennsylvania,  and  the  district  attornies  of  New  York  and  Penn- 
sylvania, respectively,  are  hereby  authorized  and  directed  to  appoint,  by 
warrant,  an  attorney  as  their  substitute  or  deputy,  respectively,  to  prose- 
cute for  the  United  States  in  each  of  the  said  county  courts,  who  shall 
be  sworn  or  affirmed  to  the  faithful  execution  of  his  duty,  as  prosecutor 
aforesaid :  Provided,  that  this  authority  shall  not  be  construed  to  extend 

(a)  In  the  case  of  Prigg  «.  The  Commonwealth  of  PennsjlTania,  16  Peters,  639,  where  the  question 
presented  to  the  court  arose  out  of  the  proceedings  of  a  magistrate  of  the  commonwealth  of  Pennsylva- 
nia, under  the  law  of  Pennsylvania  which  interfered  with  the  provisions  of  the  act  of  Congress  relating 
to  Uie  arrest  of  fugitives  from  labour,  (act  of  February  12,  1793,  chap.  7,)  the  magistrate  of  the  state, 
having  refused  to  execute  the  provisions  of  that  law,  the  Conrt  said,  <<  As  to  the  authority  conferred  on 
state  magistrates  by  the  fugitive  law,  while  a  difference  of  opinion  eiists,  and  may  eiist,  on  this  point, 
in  different  states,  whether  state  maffistrates  are  bound  to  act  ander  it  i  none  is  entertained  by  the  oonrt 
that  sute  magistrates  may,  if  they  choose,  exercise  the  authority,  unless  prohibited  by  the  atate  legts)«« 


NINTH  CONGRESS.    Siss.  1.  Ch.  15.     ISOe. 


355 


jurisdictioD  to  the  county  courts  aforesaid,  over  any  civil  cause,  which 
may  arise  in  any  of  those  revenue  districts,  for  the  collection  of  duties 
payable  to  the  United  States ;  or  of  bonds  or  securities  given  for  the 
security  and  payment  of  duties  to  the  United  States. 

Sec.  2.  And  be  it  further  enacted.  That  the  county  courts  aforesaid, 
or  the  first  judge  of  each  of  said  courts,  shall  be,  and  hereby  are  further 
authorized  to  exercise  all  and  every  power  in  the  cases  of  a  criminal 
nature,  cognizable  before  them  by  virtue  of  the  first  section  of  this  act, 
for  the  purpose  of  obtaining  a  mitigation  or  remission  of  any  fine, 
penalty,  or  forfeiture,  which  may  be  exercised  by  the  judges  of  the  dis- 
trict courts,  in  cases  depending  before  them  by  virtue  of  the  law  of  the 
United  States,  passed  on  the  Uiird  of  March,  one  thousand  seven  hun- 
dred and  ninety-seven,  intituled  "  An  act  to  provide  for  mitigating  or 
remitting  the  forfeitures,  penalties,  and  disabilities,  accruing  in  certain 
cases  therein  mentioned."  And  in  the  exercise  of  the  authority,  by  this 
section  given  to  said  county  courts,  or  to  the  first  judges  thereof,  they 
i^all  be  governed  in  every  respect  by  the  regulations,  restrictions  and 

Srovisoes  of  the  law  of  the  United  States,  passed  on  the  third  of 
f  arch,  one  thousand  seven  hundred  and  ninety-seven,  aforesaid ;  with 
this  difference  only,  that  instead  of  notifying  the  district  attomies, 
respectively,  said  county  courts,  or  the  first  judges  thereof,  as  the  case 
may  be,  shall,  before  exercising  said  authorities,  cause  reasonable  notice 
to  be  given  to  the  attorney  who  may  have  been  appointed  and  sworn  or 
affirmeid  to  prosecute  for  the  United  States,  in  such  court,  that  he  may 
have  an  opportunity  of  showing  cause  against  the  mitigation  or  remis- 
sion of  such  fine,  penalty,  or  forfeiture. 

Sec.  3.  And  be  it  further  enacted,  That  this  act  shall  remain  in  force 
during  the  term  of  one  year,  from  its  passage,  and  firom  thence  to  the 
end  of  the  next  session  of  Congress  thereafter,  and  no  longer,  (a) 
Approved,  March  8, 180a 


Criminal  jarifl. 
diction  in  cer- 
tain eases  con- 
ferred upon  the 
courti. 


Powers  given 
by  the  act  of 
March  3,  1797, 
ch.  IS,  for  the 
remission  offer- 
feitures,  to  the 
judges  of  state 
courts. 


Continutfttce 
of  this  act 

Continued 
ie08,  ch.  51. 

Statuts  L 


Chap.  XV.-^n  Jet  declaring  ike  town  cf  Jeney^^  in  the  state  ffj^cw  Jt 
be  a  port  cf  delivery  j  and  for  erecting  a  Lighthouse .  on  IVood  1$' 
Fletcher* 8  neck,  in  the  etate  tf  Masaachusettt, 

Be  it  enacted  by  the  Senate  and  House  ofRmresentatives  of  the  United 
States  of  America  in  Congress  assembled.  That  the  town,  or  landing 
place  of  Jersey,  in  the  state  of  New  Jersey,  shall  be  a  port  of  delivery, 
to  be  annexed  to  the  district  of  Perth  Amboy,  and  shall  be  subject  to 
the  same  regulations  and  restrictions  as  other  ports  of  delivery  in  the 
United  States.  And  there  shall  be  appointed  a  surveyor  to  reside  at 
the  said  port  of  delivery,  who  shall  be  entitled  to  receive,  in  addition  to 
the  other  emoluments  allowed  by  law,  a  salary  of  one  hundred  dollars, 
annually. 

Sec.  2.  And  be  it  further  enacted,  That  the  Secretary  of  the  Trea- 
sury shall  be,  and  he  is  hereby  authorized  and  required,  to  cause  a  good 
and  sufficient  lighthouse  to  be  erected  on  Wood  island,  or  on  Fletcher's 
neck,  in  the  district  of  Maine,  (selecting  either  place,  as  the  President 
of  the  United  States  may  deem  most  eligible)  and  to  appoint  a  keeper, 
and  otherwise  provide  for  such  lighthouse,  at  the  expense  of  the  United 
States:  Provided,  ihhi  sufficient  land  for  the  accommodation  of  such 
lighthouse  can  be  obtained  at  a  reasonable  price,  and  the  legislature  of 
Massachusetts  shall  cede  the  jurisdiction  over  the  same  to  the  United 
States.  And  the  sum  of  five  thousand  dollars  is  hereby  appropriated 
for  the  erection  of  said  lighthouse,  to  be  paid  out  of  any  monies  in  the 
treasury,  not  otherwise  appropriated. 

Apfrovrd,  March  8,  1806. 

(4  By  an  aot  passed  April  SI,  1808,  chap.  51,  the  previsions  of  this  law  are  made  perpetual  and  ez 
tended  to  the  ports  iild  haif^drs  in  Ohio. 


lo    March  8,  1806. 


Jersey,  in  the 
sute  of  New 
Jersey,  made  a 
portofdelirery. 

1799,  ch.S8, 
sec.  7. 

Surveyor  to 
reside  at  the 
said  place. 

A  lighthouse 
to  be  erected  on 
Wood  island,  or 
on  Fletcher's 
neck. 


Proviso. 


35G 


NINTH  CONGRESS.    Sess.  I.  Ch.  16.     1806^ 


Statutx  I. 
March  28, 1806. 


Stephen  B. 
Btlch,  &e.  made 
a  corporation  or 
body  politic. 


Their  atjle 
and  title* 

Corporation 
made  capable 
of  holding  and 
alienating  pro- 
perty, ftc. 


Pravieow 


Made  capable 
of  tiling  or  be- 
ing tnea,  &e. 


HaTo  autho- 
rity to  nw  a 
common     aeal 


Chap.  X  VC. — Jn  Act  to  incorporalt  the  inutee$  cf  tie  Presbyterian  eongregaUom 

(f  GeorgeUmon, 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
Statesof  America  in  Confess  assembled.  That  Stephen  B.  Balch,  Wil- 
liam Whaim,  James  Melvm,  John  Maffit,  John  Peter,  Joahua  Dawson, 
James  Calder,  George  Thompson,  Richard  EUiott,  David  Wiley,  and 
Andrew  Ross,  and  their  successors,  duly  elected,  or  appointed,  in  man« 
oer  herein  afier  directed,  be,  and  they  are  hereby  made,  declared,  and 
constituted  a  corporation,  and  body  politic  in  law,  and  in  fact,  to  have 
continuance  forever,  by  the  name,  style,  and  title  of  **  The  Trustees  of 
the  Presbyterian  Congregation,  in  Georgetown." 

Sec.  2.  And  he  it  Jurther  enacted.  That  all  and  singular^  the  lands^ 
tenements,  rents,  annuities,  rights,  privileges,  goods,  mi  chattels,  here- 
tofore given,  granted,  devised,  or  bequea£ed  to  the  said  consregation, 
or  to  any  person  or  persons,  for  the  use  thereof,  or  that  have  been  pur- 
chased for,  or  on  account  of  the  same,  be,  and  are  hereby  vested  in  and 
confirmed  to  the  said  coiporation :  And  Jurther,  that  the  said  corpo- 
ration may  purchase,  take,  receive,  and  enjoy,  any  lands,  tenements, 
rents,  annuities,  rights  or  privileges,  or  any  goods,  chattels  or  other  effects, 
of  what  kind  or  nature  soever,  which  shall  or  may  hereafter  be  given, 
granted,  sold,  bequeathed  or  devised,  unto  them  by  any  person  or  per- 
sons, bodies  politic,  or  corporate,  capable  of  making  such  gifl,  grant,  sale, 
or  bequest ;  and  the  said  property,  real  and  personal,  to  rent,  sell,  con- 
vey and  confirm,  or  otherwise  dispose  of,  as  fuUy  and  effisctually  as  any 
person  or  persons,  bodies  politic^  or  corporate,  may  or  can  dio :  Pro- 
vided, that  the  clear  annual  income  of  all  such  property  may  not  exceed 
the  sum  of  three  thousand  dollars ;  that  no  part  of  the  ground  now 
appropriated,  and  inclosed  for  a  graveyard,  be  di^KMed  of  for  any  other 
pnrpooe ;  and  that  the  aforesaid  property,  real  and  personal,  be  con- 
sidered as  held  in  the  trust,  under  the  management,  and  at  the  disposal 
of  said  corporation,  for  the  purpose  of  defiraying  the  expenses  incident 
to  their  mode  of  religious  worship ;  of  enclosing  and  keeping  in  decent 
repair,  their  graveyards,  and  other  lots,  with  the  buildings  thereon  ;  and 
of  affording  such  relief  to  the  poor,  as  their  funds  may  from  time  to 
time  allow,  and  for  no  other  purpose. 

Sec.  3.  And  he  it  further  enacted.  That  the  said  corporation,  by  the 
name,  style,  and  title  aforesaid,  be,  and  shaU  be  hereafter,  forever,  able 
and  capable  in  law,  to  sue,  and  to  be  sued,  plead,  and  be  pleaded, 
answer  and  be  answered  unto,  defend,  and  be  defended,  in  any  court, 
or  courts,  or  other  places,  and  before  any  judge,  or  judges,  justice  or 
justices,  or  other  person  whatsoever,  within  the  district  of  Columbia,  or 
dsewhere,  in  all,  and  all  manner  of  suits,  actions,  complaints,  pleas, 
causes,  matters,  and  demands,  of  whatsoever  kind  or  nature  they  may 
be,  in  as  full  and  effectual  a  manner,  as  any  other  person,  or  persons, 
bodies  politic,  or  corporate,  may  or  can  do. 

Sec.  4.  And  he  it  Jurther  enacted,  That  the  said  corporation  shall 
have  full  power  and  authority,  to  make,  have,  and  use  a  common  seal, 
with  such  device  and  inscription,  as  they  shall  think  prqper,  and  the  same 
to  break,  alter,  and  renew,  at  their  pleasure ;  to  appoint  a  treasurer, 
secretary,  and  such  other  officers,  as  they  may  deem  necessary  and  pro- 
per; to  assign  them  their  duties,  and  fix  their  compensation,  and  to 
remove  any,  or  all  of  them  from  office ;  appoint  another,  or  others,  in 
their  place,  as  oflen  as  they  shall  think  fit;  to  make,  ordain,  esUblisb, 
and  execute,  such  bv-laws,  and  ordinances,  of  a  secular  nature,  as  may 
be  deemed  useful,  for  their  own  government,  and  the  same  to  alter, 
amend,  or  abrogate,  at  pleasure ;  to  fill  up  vacancies  that  may  happen  in 
their  number,  between  two  annual  elections ;  and  to  determine  upon, 
do  and  transact  all  business,  and  matters  appertaining  to  the  said  cor- 


NINTH  CONGRESS.    Qwas  I.  Ca.  17, 10.    1806. 


357 


poratioDi  and  to  the  secolur  affairs  of  said  congreffation,  agreeable  to 
the  rules,  ordinances  and  by-laws  thereof,  daring  iSeir  continuance  in 
office :  Provided,  that  not  less  than  five  trustees  be  a  quorum  to  do  busi- 
ness ;  that  no  by-law,  rule  or  ordinance  shall  be  made,  repugnant  to  the 
laws  of  this  district 

Sbc.  5.  And  he  U  Jurther  enacted.  That  there  shall  be  an  annual 
meeting  of  the  members  belonging  to  said  congregation,  held  on  the 
first  Tuesday  of  April,  in  every  year  hereafter,  at  Uie  church  or  usual 
place  of  public  worship,  at  which  time  and  place  the  said  members,  or 
such  of  them  as  may  be  present,  shall  elect,  and  choose,  hj  ballot,  from 
their  own  number,  nine  trustees,  to  serve  for  the  year  ensumg  their  elec- 
tion, and  until  others  shall  be  elected  or  appointed  to  serve  in  their  place. 

Sec.  6.  And  be  it  Jurther  enacted.  That  the  trustees  shall  keep,  or 
cause  to  be  kept,  in  suitable  books  for  the  purpose,  just  and  proper 
entries  of  all  the  proceedings  and  accounts  of  said  congregation  and 
corporation,  and  have  them  laid  before  the  members,  at  every  annual 
meeting,  previous  to  taking  the  votes,  and  shall  always  deliver  the  said 
books,  together  with  all  the  property  of  said  congregation  and  corpora- 
tion, in  good  order  to  their  successors  in  office,  whenever  required. 

Approykd,  March  2S,  1806. 


ProviM. 


Annual  meet- 
ingi  of  the 
memben  of  the 
congregation 
for   the  choice 
of  tniiteea,  fcc. 


Suitable  booki 
to  be  kept  by 
the  tnuteea. 


Statute  I. 


[Expired.] 


Act  of  the 
legitlatnre  of 
South  Carolina, 
laying  a  duty  on 
tonnage,  assent- 
ed to  by  Con- 


Cbaf.  XVII.— ^n.^  declaring  the  eonaeni  <f  Congreu  toanaetof  the  etate  of    March  2S,  1806. 
South  OaroKna^pataed  on  the  iwentff'fint  day  ifOeeember^  in  ike  year  one  thou-  ~ 

oand  eight  hunitd  and  four,  to  far  aa  the  aame  relatea  to  authonxing  the  city 
eounetiif  Chark^on  to  tfnpote and eoUeet  a  duty  on  the  tonnage  of  veaaekfrom 
fordgnporU. 

Be  it  enaeitd  by  the  Senate  and  House  of  Rqfresentaiioes  of  the  United 
Staies  of  America  in  Congress  assembket,  That  the  consent  of  Congress 
be,  and  it  is  hereby  grant^  and  declared  to  the  operation  of  an  act  of 
the  general  assembly  of  the  state  of  South  Carolina,  passed  the  twenty- 
first  day  of  December,  in  the  year  of  our  Lord  one  Uiousand  eight  hun- 
dred and  four,  intituled  <'An  act  to  authorize  the  city  council  of  Charles- 
ton, with  the  consent  of  Congress,  to  impose  and  levy  a  duty  on  the 
tonnage  of  ships  and  vessels,  for  tiie  purposes  therein  mentioned,"  so 
far  as  the  same  extends  to  authorizing  the  city  council  of  Charleston  to 
impose  and  levy  a  duty  not  exceeding  six  cents,  per  ton,  on  all  ships  and 
vessels  of  the  United  States,  which  shall  arrive  and  be  entered  in  the 
port  of  Charleston  from  any  foreign  port  or  place  whatever. 

Sbc.  3.  And  be  ii  Jurther  enacted,  That  the  collector  of  Charieston 
is  hereby  authorized  to  collect  the  duty  imposed  by  this  act,  and  to  pay 
the  same  to  such  persons  as  shall  be  authorized  to  receive  the  same  by 
the  city  council  of  Charleston. 

Sbc.  3.  And  he  it  further  enacted.  That  this  act  shall  be  in  force 
lor  three  years,  and  fi'om  thence  to  the  end  of  the  next  session  of  Con- 
gress thereafter,  and  no  longer. 

Approved,  March  28,  1806. 


Chap.  XIX.— ^n  Jet  to  regulate  the  laving  out  and  making  a  road  from  Cum' 
berland,  in  the  state  of  Maryland,  to  the  state  of  uhio,{a) 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  the  President  of  the 


The  collector 
of  Charleston  to 
collect  the  duty 
and  pay  it  over. 

Limitation  of 
the  law. 

Continued 
1809,  ch.  6. 

Statute  I. 
March  39. 1806. 


state  of  Maryland,  to  the 


(a)  The  acts  which  have  been  passed  relating  to  the  <<  Cumberland  road,"  are : 

An  act  to  regalate  the  laving  oat  and  making  a  road  from  Cumberland  in  the  st 
•Ute  of  Ohio,  March  29,  1806,  chap.  19. 

An  act  in  addition  to  the  **  act  to  regulate  the  laying  out  and  making  a  road  from  Cumberland  in  the 
state  of  Ohio,"  March  S,  1811,  chap.  45. 

An  act  in  addition  to  the  act  to  regulate  the  laying  out  and  making  a  road  from  Cumberland  in  the  state 
of  Maryland,  to  the  sute  of  Ohio,  May  6,  181S,  chap.  78. 


853 


NINTH  CONGRESS.    Sisss.  I.  Ch.  19.     1896. 


Three  diiin- 
terested  per- 
■ona  to  be  ap- 
pointed com- 
missionert  to 
lay  out  a  road. 


Width,  fcc.  of 
the  road. 


Commission- 
ers to  present  a 
plan  or  the  road 
to  the  President, 
fcc. 


President  aa- 
thorized  to  ac- 
cept or  reject  it, 
and  to  pnrsae 
measares  for 
having  it  exe- 
cuted. 


United  States  be,  and  he  is  hereby  authorized  to  appoint,  by  and  with 
the  advice  and  consent  of  the  Senate,  three  discreet  and  disinterested 
citizens  of  the  United  States,  to  Jay  out  a  road  from  Cumberland,  or  a 
point  on  the  northern  bank  of  the  river  Potomac  in  th^  state  of  Mary- 
land, between  Cumberland  and  the  place  where  the  main  road  leading 
from  Gwinn's  to  Winchester,  in  Virginia,  crossed  the  river,  to  the  state 
of  Ohio:  whose  duty  it  shall  be,  as  soon  as  may  be,  after  their  appoint- 
ment, to  repair  to  Cumberland  aforesaid,  and  view  the  ground,  from  the 
points  on  the  river  Potomac  herein  before  designated,  to  the  river  Ohio; 
and  to  lay  out  in  such  direction  as  they  shall  judge,  under  all  circum- 
stances, the  most  proper,  a  road  from  thence  to  the  river  Ohio,  to  strike 
the  same  at  the  most  convenient  place,  between  a  point  on  its  eastern 
bank,  opposite  to  the  northern  boundary  of  Steuben ville,  in  said  state 
of  Ohio,  and  the  mouth  of  Grave  creek,  which  empties  into  the  said 
river,  a  little  below  Wheeling,  in  Virginia. 

Sec.  3.  And  be  it  further  enact^,  That  the  aforesaid  road  shall  be 
laid  out  four  rods  in  width,  and  designated  on  each  side  by  a  plain  and 
distinguishable  mark  on  a  tree,  or  by  the  erection  of  a  stake  or  monu- 
ment, sufficiently  conspicuous,  in  every  quarter  of  a  mile  of  the  distance* 
at  least,  where  the  road  pursues  a  straight  course  so  far  or  farther,  and 
on  each  side,  at  every  point  where  an  angle  occurs  in  its  course. 

Sec.  '3.  And  be  it  Jurther  enacted.  That  the  commissioners  shall,  as 
soon  as  may  be,  after  they  have  laid  out  said  road,  as  aforesaid,  presetlt 
to  the  President  an  accurate  plan  of  the  same,  with  its  several  courses 
and  distances,  accompanied  by  a  written  report  of  their  proceedings, 
describing  the  marks  and  monuments  by  which  the  road  is  designated, 
and  the  face  of  the  country  over  which  it  passes,  and  pointing  out  the 
particular  parts,  which  they  shall  judge  require  the  most  and  immediate 
attention  and  amelioration ;  and  the  probable  expense  of  making  the 
same  passable  in  the  most  difficult  parts,  and  through  the  whole  distance : 
designating  the  state  or  states,  through  which  said  road  has  been  laid 
out,  and  the  length  of  the  several  parts  which  are  laid  out  on  new  ground, 
as  well  as  the  length  of  those  parts  laid  out  on  the  road  now  travelled. 
Which  report  the  President  is  hereby  authorized  to  accept  or  reject,  in 
the  whole,  or  in  part.  If  he  accepts,  he  is  hereby  further  authorized 
and  requested  to  pursue  such  measures,  as  in  his  opinion  shall  be  proper, 
to  obtain  consent  for  making  the  road,  of  the  state  or  states,  through 


An  act  in  addition  to  the  act  to  regulate  the  laying  out  a  road  from  Cumberland  in  the  state  of  Mary- 
land,  to  the  state  of  Ohio,  February  14,  1815,  chap.  43. 

An  act  to  authorise  the  appointment  of  commissioners  to  lay  out  the  road  therein  mentioned.  May  15, 
1820,  chap.  123. 

An  act  for  the  presenration  of  the  Cumberland  road,  March  2,  1827,  chap.  44. 

An  act  for  the  construction  of  the  Cumberland  road,  westwardly  of  ZKaewwUle,  March  2, 1829,  chap. 
CO. 

An  act  for  the  continuation  of  the  Cumberland  road,  March  2,  1829,  chap.  31. 

An  act  for  the  preservation  and  repair  of  Uie  Cumberland  road,  March  2,  1829,  chap.  52. 

An  act  for  the  continuation  of  the  Comberland  road  in  the  states  of  Ohio,  Indiana,  and  lilinois,  Mardi 
2,  1831,  chap.  63. 

An  act  declaring  the  assent  of  Consress  to  an  act  of  the  general  assembly  of  the  state  of  Ohio,  herein- 
after recited,  March  2,  1831,  chap.  §1, —  [The  act  of  the  state  of  Ohio  proTides  for  the  erection  of  toll 
pates,  the  sppointment  of  toll  gatherers  and  rates  of  toll  on  the  part  of  the  Cumberland  road,  which  is 
iQ  the  state  of  Ohio.] 

An  act  declaring  the  assent  of  Congress  to  an  act  of  the  general  assembly,  hereinafter  recited,  March 
2,  1833,  chap.  79.—  [This  act  provides  for  the  erection  of  toll  gates,  and  the  collection  of  tolls  in  that 
part  of  the  road  which  passes  through  the  state  of  Virginia.] 

An  act  for  the  continuation  and  repair  of  the  Cumberland  road,  June  24,  1834,  chap.  68. —  [By  the  4th 
section  of  this  act  the  road  is  surrendered  to  the  states  respectiTely,  through  which  it  passes.] 

Ajci  act  for  the  continuation  and  repair  of  the  Cumberland  road,  in  the  sUtes  of  Ohio,  Indiana,  and 
Illinois,  March  3,  1835,  chap.  29. 

An  act  amendatory  of  the  act  for  the  continuation  of  the  Cumberland  road,  March  3,  1836,  chap.  30. 

An  act  for  the  continuation  of  the  Camberland  road  in  the  states  of  Ohio,  Indiana,  and  Ulinois,  Jnly 
2,  183G,  chap.  264. 

An  act  to  provide  for  the  continuing  the  construction,  and  for  the  repair*  of  certain  roads,  and  for 
other  purposes,  during  the  year  1837,  March  3,  1837,  chap.  44. 

An  act  making  appropriations  for  the  continnatien  of  tiie  CnmbSrland  road  ill  Ohio,  Indian^,  and  Illi- 
noif,  and  for  other  purposes.  May  25,  1838,  chap.  84. 


NINTH  CONGRESS.    Sem.  I.  C0.  23.     1800. 


359 


which  the  same  has  been  laid  out  Which  consent  being  obtained,  he 
18  further  authorized  to  take  prompt  and  effectual  measures  to  cause  said 
road  to  be  made  through  the  whole  distance,  or  in  any  part  or  parts  of 
the  same  as  he  shall  judge  most  conducive  to  the  public  good,  having 
reference  to  the  sum  appropriated  for  the  purpose. 

Sec.  4.  And  he  it  further  enacted.  That  all  parts  of  the  road  which 
the  President  shall  direct  to  be  made,  in  case  the  trees  are  standing, 
shall  be  cleared  the  whole  width  of  four  rods ;  and  the  road  shall  be 
raised  in  the  middle  of  the  carriage  way  with  stone,  earth,  or  gravel  and 
sand,  or  a  combination  of  some  or  all  of  them,  leaving  or  making,  as 
the  case  may  be,  a  ditch  or  water-course  on  each  side,  and  contiguous 
to  said  carriage  way :  and  in  no  instance  shall  there  be  an  elevation  ia 
said  road,  when  finished,  greater  than  an  angle  of  five  degrees  with  the 
horizon.  But  the  manner  of  making  said  road,  in  every  other  particular, 
is  left  to  the  direction  of  the  President. 

Sec.  5.  And  be  ii  Jurther  enacted.  That  said  commissioners  shall  each 
receive  four  dollars  per  day,  while  employed  as  aforesaid,  in  full  for  their 
compensation,  including  dl  expenses.  And  they  are  hereby  authorized 
to  employ  one  surveyor,  two  chainmeo,  and  one  marker,  for  whose  faith- 
fulness and  accuracy,  they,  the  said  commissioners,  shall  be  responsible, 
to  attend  them  in  laying  out  said  road,  who  shall  receive  in  full  satisfao* 
tiou  for  their  wages,  including  all  e^ipenses,  the  surveyor  three  dollars 
per  day,  and  each  chainman  and  the  marker,  one  dollar  per  day,  while 
they  shall  be  employed  in  said  business;  of  which  fact,  a  certificate 
signed  by  said  commissioners  shall  be  deemed  sufficient  evidence. 

Sec.  6i  And  be  it  Jurther  enacted.  That  the  sum  of  thirty  thousand 
dollars  be,  and  the  same  is  hereby  appropriated,  to  defray  the  expense 
of  laving  out  and  making  said  road.  And  the  President  is  hereby  autho* 
rized  to  draw,  from  time  to  time,  on  the  treasury,  for  such  parts,  or  at 
any  one  time,  for  the  whole  of  said  sum,  as  he  shall  judge  the  service 
requires.  Which  sum  of  thirty  thousand  dollars,  shall  be  paid,  first, 
out  of  the  fund  of  two  per  cent,  reserved  for  laying  out  and  ipakipg 
roads  to  the  state  of  Ohio,  by  virtue  of  the  seventh  section  of  an  fict 
passed  on  the  thirtieth  day  of  April,  one  thousand  eight  hundred  and 
two,  intituled  "An  act  to  enable  the  people  of  the  eastern  division  of 
the  territory  northwest  of  the  river  Ohio,  to  form  a  constitution  and  state 
government,  and  for  the  admission  of  such  state  into  the  Union,  on  an 
equal  footing  with  the  original  states,  and  for  other  purposes."  Three 
per  cent,  of  the  appropriation  contained  in  said  seventh  section,  being 
directed  by  a  subsequent  law,  to  the  laying  out,  opening,  and  making 
roads  within  the  said  state  of  Ohio.  And  secondly,  out  of  any  money 
in  the  treasury  not  otherwise  appropriated,  ehargeable  upon,  and  reim- 
bursable at  the  treasury  by  said  fund  of  two  per  cent,  lis  the  same  shall 
accrue. 

Sec.  7.  And  be  it  fitrther  enacted.  That  the  President  be,  and  he  is 
hereby  requested,  to  cause  to  be  laid  before  Ck>ngress,  as  soon  as  con- 
venience will  permit,  after  the  commencement  of  each  session,  a  state- 
ment of  the  proceedings  under  this  act,  that  Congresp  may  be  enabled 
to  adopt  such  further  measures,  as  may,  from  time  to  time,  he  proper, 
under  existing  circumstances. 

Approyed,  March  29, 1806. 


Mode  in  which 
theroa4  iatohe 
made. 


Compensation 
of  the  commii. 
sionera. 

Comniission- 
era  authorized 
to  employ  aor- 
veyor,  chain- 
men,  fcc.  fcc. 

Their  com- 
penaation. 


Specific  ap- 
propriation. 

Preaident  an- 
thorixedtodraw 
for  the  whole  or 
a  part  of  the 
anm  appropri- 
ated. 

Oat  of  what 
fand  the  money 
ia  to  be  paid. 

1803,  c^.  40. 


Preaident  to 
make  a  atate- 
ment  to  Con- 
greaaofthepro- 
ceedinga  under 
thia  act. 


Statutb  T. 


Chap.  XX. 


I  Mfor  ealabUshing  RuUb  and  4rtiekifor  the  government  (f  the    April  10,  1806. 
Jrmiea  0/  the  United  Statei.(ji)  

Be  it  enacted  by  the  Senate  and  House  of  ReprtsentaHves  of  the  United     Armiea  of  the 
States  of  America  in  Congress  assembled.  That  from  and  after  the  pass-   U.  8.  to  be  go- 

(tf)  The  acU  for  eaUbliahing  rulea  and  articles  for  the  govemrof nt  of  the  army  of  the  United  Sutea. 
An  act  for  the  better  organisation  of  the  troopa  of  the  United  Statea,  and  for  other  porposea,  March  9, 
1799,  repeated. 


360 


NINTH  CONGRESS.    Ssss.  I.  Ch.  20.    1806. 


Temed  by  the 
following  rnlMy 
fcc. 

Rales  and  re- 
gulationi. 

Officers  to 
■nbecribe  these 
rales. 

Officers  and 
soldiers  recom- 
mended to  at- 
tend  divine  ser- 
vice. 

Indecent  and 
Irreverent  con- 
duct punished. 


Profkne  swear- 
ing. 


Absence  of 
chaplains  an  of. 
fence. 


ContemptQoas 
words  against 
the  President  & 
Vice  President. 


Contempt  or 
disrespect  to 
commanding  of- 
ficers. 

Eiciting  to 
mutiny. 


Officers  present 
at  mutiny  or  se- 
dition not  giving 
information  or 
endeavooring  to 


ing  of  this  act,  the  following  shaU  be  the  rules  and  articles  by  which  the 
armies  of  the  United  States  shall  be  governed: 

Article  1.  Every  officer  now  in  the  army  of  the  United  States,  shall, 
in  six  months  from  the  passing  of  this  act,  and  every  officer  who  shall 
hereafter  be  appointed,  shall,  before  he  enters  on  the  duties  of  his  office, 
subscribe  these  rules  and  regulations. 

Article  2.  It  is  earnestly  recommended  to  all  officers  and  soldiers, 
diligently  to  attend  divine  service ;  and  all  officers  who  shall  behave 
indecently  or  irreverently  at  any  place  of  divine  worship,  shaU,  if  com- 
missioned officers,  be  brought  before  a  general  court  martial,  there  to  be 
publicly  and  severely  reprimanded  by  the  president ;  if  non-commission- 
ed officers  or  soldiers,  every  person  so  offisnding  shall,  for  his  first 
offence,  forfeit  one  sixth  of  a  dollar,  to  be  deducted  out  of  his  next  pay  ; 
for  the  second  offence,  he  shall  not  only  forfeit  a  like  sum,  but  be  con- 
fined twenty-four  hours ;  and  for  every  like  offence,  shall  suffer  and  pay 
in  like  manner ;  which  money,  so  forfeited,  shall  be  applied  by  the  cap- 
tain or  senior  officer  of  the  troop  or  company,  to  the  use  of  the  sick 
soldiers  of  the  company  or  troop  to  which  the  offender  belongs. 

Article  3.  Any  non-commissioned  officer  or  soldier  who  shall  use  any 
profane  oath  or  execration,  shall  incur  the  penalties  expressed  in  the 
foregoing  article ;  and  a  commissioned  officer  shall  forfeit  and  pay  for 
each  and  every  such  offence  one  dollar,  to  be  applied  as  in  the  preceding 
article. 

Article  4.  Every  chaplain,  commissioned  in  the  army  or  armies  of  the 
United  States,  who  shall  absent  himself  from  Uie  duties  assigned  him 
(excepting  in  cases  of  sickness  or  leave  of  absence^  shall,  on  conviction 
thereof  before  a  court  martial,  be  fined  not  exceeding  one  month's  pay, 
besides  the  loss  of  his  pay  during  his  absence ;  or  be  discharged,  as  the 
said  court  martial  shall  judge  proper. 

Article  5.  Any  officer  or  soldier,  who  shall  use  contemptuous  or  dis- 
respectful words  against  the  President  of  the  United  States,  against  the 
Vice  President  thereof,  against  the  Congress  of  the  United  States,  or 
against  the  chief  magistrate  or  legislature  of  any  of  the  United  States, 
in  which  he  may  be  quartered,  if  a  commissioned  officer,  shall  be  cashier- 
ed, or  otherwise  punished,  as  a  court  martial  shall  direct ;  if  a  non- 
commissioned officer  or  soldier,  he  shall  suffer  such  punishment  as  shall 
be  inflicted  on  him  by  the  sentence  of  a  court  martial. 

Article  6.  Any  officer  or  soldier  who  shall  behave  himself  with  con- 
tempt or  disrespect  towards  his  commanding  officer,  shall  be  punished 
according  to  the  nature  of  his  offence,  by  the  judgment  of  a  court  mar- 
tial. 

Article  7.  Any  officer  or  soldier  who  shall  begin,  excite,  cause  or 
join  in  any  mutiny  or  sedition  in  any  troop  or  company  in  the  service 
of  the  United  States,  or  in  any  party,  post,  detachment,  or  guard,  shall 
suffer  death,  or  such  other  punishment  as  by  a  court  martial  shall  be 
inflicted. 

Article  8.  Any  officer,  non-commissioned  officer,  or  soldier,  who,  being 
present  at  any  mutiny  or  sedition,  does  not  use  his  utmost  endeavour  to 
suppress  the  same,  or  coming  to  the  knowledge  of  any  intended  mutiny, 
does  not,  without  delay,  give  information  thereof  to  his  commanding 


An  act  fixing  the  military  peace  establishment  of  the  United  States,  March  16,  1802,  chap.  9. 

An  act  for  establishing  rules  and  articles  for  the  government  of  the  army  of  the  United  States,  April 
10,  1806,  chap.  20. 

An  act  to  leduce  and  fix  the  military  peace  establishment  of  the  United  States,  March  2,  1821,  chap. 
12,  section  14.  This  section  provides,  «  That  the  system  of  '  General  resulations  of  the  army,*  com. 
piled  by  Major  General  Scott,  shall  be  and  the  same  is  hereby  approved  and  adopted  for  the  government 
of  the  army  of  the  United  States,  and  of  the  militia  when  in  the  service  of  the  United  States."  This 
section  was  repealed  by  the  act  of  May  7,  1822,  chap.  88. 

An  act  to  alter  and  amend  the  sizty.fifth  article  of  the  first  section  of  <'  An  act  establishing  rules  and 
articles  for  the  government  of  the  army  of  the  United  States,"  passed  tenUi  April,  1806.  May  29,  1830, 
chap.  179. 


NINTH  CONGRESS.    Sess.  I.  Cii.  20.     1806. 


361 


officer,  aha]]  be  punished  by  the  sentence  of  a  court  martial  with  death, 
or  otherwise,  according  to  the  nature  of  his  offence. 

Article  0.  Any  officer  or  soldier  who  shall  strike  his  superior  officer, 
or  draw  or  lifl  up  any  weapon  or  offer  any  violence  against  him,  being 
in  the  execution  of  bis  office,  on  any  pretence  whatsoever,  or  shall  dis- 
obey any  lawful  command  of  his  superior  officer,  shall  suffer  death, 
or  such  other  punishment  as  shall,  according  to  the  nature  of  his  offence 
be  infficted  upon  him  by  the  sentence  of  a  court  martial. 

ArHch  10.  Every  non-commissicmed  officer  or  soldier  who  shall  enlist 
himself  in  the  service  of  the  United  States,  shall,  at  the  time  of  his  so 
enlisting,  or  within  six  days  afterwards,  have- the  articles  for  the  govern- 
ment of  the  armies  of  the  United  States,  read  to  him,  and  shall,  by  the 
officer  who  enlisted  him,  or  by  the  commanding  officer  of  the  troop  or 
company  into  which  he  was  enlisted,  be  taken  before  the  next  justice  of 
the  peace,  or  chief  magistrate  of  any  city  or  town  corporate,  not  being 
an  officer  of  the  army,  or  where  recourse  cannot  be  had  to  the  civO 
magistrate,  before  the  judge  advocate,  and,  in  his  presence,  shall  take 
the  following  oath,  or  affirmation :  "  I,  A.  B.  do  solemnly  swear,  or  affirm, 
(as  the  case  may  be)  that  I  will  bear  true  aUegiance  to  the  United  States 
of  America,  and  that  I  will  serve  them  honestly  and  faithfully  against 
all  their  enemies  or  opposers  whatsoever,  and  observe  and  obey  the 
orders  of  the  President  of  the  United  States,  and  the  orders  (k  the 
officers  appointed  over  me,  according  to  the  rules  and  articles  for  the 
government  of  the  armies  of  the  United  States:"  which  justice,  magis- 
trate, or  judge  advocate,  is  to  give  the  officer  a  certificate,  signifying  that 
the  man  enlisted  did  take  the  said  oath  or  affirmation. 

Article  11.  After  a  non-commissioned  officer  or  soldier  shall  have 
been  duly  enlisted  and  sworn,  he  shall  not  be  dismissed  the  service  with- 
out a  discharge  in  writing;  and  no  discharge  granted  to  him,  shall  be 
sufficient,  which  is  not  signed  by  a  field  officer  of  the  regiment  to  which 
he  belongs,  or  commanding  officer  where  no  field  officer  of  the  regiment 
is  present;  and  no  discharge  shall  be  given  to  a  non-commissioned 
officer,  or  soldier,  before  his  term  of  service  has  expired,  but  by  order 
of  the  President,  the  Secretary  of  War,  the  commanding  officer  of  a 
department,  or  the  sentence  of  a  general  court  martial ;  nor  shall  a  com- 
missioned officer  be  discharged  the  service,  but  by  order  of  the  Presi- 
dent of  the  United  States,  or  by  sentence  of  a  general  court  martial. 

Article  12.  Every  colonel,  or  other  officer,  commanding  a  regiment, 
troop  or  company,  and  actuaUy  quartered  witb  it,  may  give  furloughs  to 
non-commissioned  officers  or  soldiers,  in  such  numbers,  and  for  so  long 
a  time  as  he  shall  judge  to  be  most  consistent  with  the  good  of  the  ser- 
vice ;  and  a  captain,  or  other  inferior  officer,  commanding  a  troop  or 
company,  or  in  any  garrison,  fort  or  barrack  of  the  United  States,  (his 
field  officer  being  absent)  may  give  furloughs  to  non-commissioned 
officers  or  soldiers,  for  a  time  not  exceeding  twenty  days  in  six  months, 
but  not  to  more  than  two  persons  to  be  absent  at  the  same  time,  exceptr 
ing  some  extraordinary  occasion  shall  require  it 

Article  13.  At  every  muster  the  commanding  officer  of  each  regiment, 
troop  or  company  there  present,  shall  give  to  the  commissary  of  musters, 
or  other  officer  who  musters  the  said  regiment,  troop  or  company,  certi- 
ficates signed  by  himself,  signifying  how  long  such  officers,  as  shall  not 
appear  at  the  said  muster,  nave  l^n  absent,  and  the  reason  of  their 
absenc^.  In  like  manner,  the  commanding  officer  of  every  troop  or 
company,  shall  give  certificates,  signifying  the  reasons  of  the  absence  of 
the  non-commissioned  officers  and  private  soldiers,  which  reasons,  and 
time  of  absence,  shall  be  inserted  in  the  muster  rolls,  opposite  the  name 
of  the  respective  absent  officers  and  soldiers.  The  certificates  shall, 
together  with  the  muster  rolls,  be  remitted  by  the  commissary  of  mus- 

VoL.  n.— 46  2  H 


mppreti    the 
mutiny. 

Strikinff  a  lo- 
perior  officer. 


Death. 


Roles  and  ar- 
ticles to  be  read 
on  enlistment. 


Oath. 


To  be  taken 
before  a  magis- 
trate. 

After*  enlist- 
ment not  to  be 
discharged  un- 
less in  writing. 


Discbarges 
how  giren. 


Furloughs  to 
non-commis- 
sioned  officers 
or  soldiers. 


Certificates 
signifying  how 
long  officers 
have  been  ab- 
sent, to  be  giv- 
en to  the  com- 
missary of  mus- 
ters. 


The     certift- 
eates  to  be  sent 


362 


NINTH  CONGRESS.    Siss.  I.  Ch.  20.    1806. 


to   the   depart- 
meot  of  war. 

False  certifi- 


Falte  musters. 


Taking  money 
for  false  nms- 
ters. 


Master  of  a 
person    not    a 
soldier. 

Making  (Use 
returns. 


Monthly  re- 
turns of  the  re- 
giment. 


Punishment 
for  neglect. 


Desertion, 


Absence  with- 
out leave. 


Enlistment  in 
other  regiments 
without  having 
been   disehaig- 


Advising   to 
daeert. 


ters,  or  other  officer  mustering,  to  the  department  of  war,  as  speediij 
as  the  distance  of  the  place  will  admit 

Article  14.  Every  officer  who  shall  be  convicted,  before  a  general 
court  martial,  of  having  signed  a  false  certificate,  relating  to  the  absence 
of  either  officer  or  private  soldier,  or  relative  to  his  or  their  pay,  shall 
be  cashiered. 

Article  15.  Every  officer  who  shaU  knowingly  make  a  false  muster  of 
man  or  horse,  and  every  officer  or  commissary  of  musters,  who  shall 
willingly  sign,  direct,  or  allow  the  signing  of  muster  rolls,  wherein  such 
false  muster  is  contained,  shall,  upon  proof  made  thereof  by  two  wit- 
nesses, before  a  general  court  martial,  be  cashiered,  and  shall  be  thereby 
utterly  disabled  to  have  or  hold  any  office  or  employment  in  the  service 
of  the  United  States. 

Artide  16.  Any  commissary  of  musters,  or  other  officer,  who  shall  be 
convicted  of  having  taken  money  or  other  thing,  by  way  of  gratification, 
on  mustering  any  regiment,  troop  or  company,  or  on  signing  muster 
rolls,  shall  be  displac^  from  his  office,  and  shall  be  thereby  utterly  di9- 
abled  to  have,  or  hold  any  office  or  employment  in  the  service  of  the 
United  States. 

Article  17.  Any  officer  who  shall  presume  to  muster  a  person  as  a 
soldier,  who  is  not  a  soldier,  shall  be  deemed  guilty  of  having  made  a 
false  muster,  and  shall  suffisr  accordingly. 

Article  18.  Every  officer  who  shaU  knowingly  make  a  false  return  to 
the  department  of  war,  or  to  any  of  his  superior  officers,  authorized  to 
call  for  such  returns,  of  the  state  of  the  regiment,  troop  or  company,  or 
garrison  under  his  command ;  or  of  the  arms,  ammunition,  clothing  or 
other  stores  thereunto  belonging,  shall,  on  conviction  thereof  before  a 
court  martial,  be  cashiered. 

Article  19.  The  commanding  officer  of  every  regiment,  troop  or  inde- 
pendent company,  or  garrison  of  the  United  States,  shall,  in  the  begin- 
ning of  every  month,  remit,  through  the  proper  channels,  to  the  depart- 
ment of  war,  an  exact  return  of  the  regiment,  troop,  independent 
company,  or  garrison,  under  his  command,  specifying  the  names  of  the 
officers  then  absent  from  their  posts,  with  the  reasons  for,  and  the  time 
of  their  absence.  And  any  officer  who  shall  be  convicted  of  having, 
through  neglect  or  design,  omitted  sending  such  returns,  shall  be 
punished  according  to  the  nature  of  his  crime  by  the  judgment  of  a  gene- 
ral court  martial. 

Article  20.  All  officers  and  soldiers,  who  have  received  pay,  or  have 
been  duly  enlisted  in  the  service  of  the  United  States,  and  shall  be  con- 
victed of  having  deserted  the  same,  shall  suffer  death,  or  such  other 
punishment  as  by  sentence  of  a  court  martial  shall  be  inflicted. 

Article  2).  Any  non-commissioned  officer  or  soldier,  who  shall,  with- 
out leave  from  his  commanding  officer,  absent  himself  from  his  troop, 
company,  or  detachment,  shall,  upon  being  convicted  thereof,  bejpunished 
according  to  the  nature  of  his  offence,  at  the  discretion  of  a  court  mar- 
tial. 

Article  22.  No  non-commissioned  officer  or  soldier  shall  enlist  him- 
self in  any  other  regiment,  troop,  or  company,  without  a  regular  dis- 
charge  from  the  regiment,  troop,  or  company,  in  which  he  last  served, 
on  the  penalty  of  being  reputed  a  deserter,  and  suffering  accordingly. 
And  in  case  any  officer  shall  knowingly  receive  and  entertain  such  non- 
commissioned officer  or  soldier,  or  shall  not,  afler  his  being  discovered 
to  be  a  deserter,  immediately  confine  him  and  give  notice  thereof  to  the 
corps  in  which  he  last  served,  the  said  officer  shall,  by  a  court  martial, 
be  cashiered.  . 

Article  23.  Any  officer  or  soldier  who  shall  be  convicted  of  havmff 
advised  or  persuaded  any  other  officer  or  soldier  to  desert  the  service  of 


NINTH  CX)NGRESS.    Ssss  I.  Ch.  20.     1806. 


M3 


the  United  States,  shall  suffer  death,  or  such  other  punishment  as  shall 
be  inflicted  upon  him  by  the  sentence  of  a  court  martial. 

Article  24.  No  officer  or  soldier  shall  use  any  reproachful  or  provoking 
speeches  or  gestures  to  another,  upon  pain,  if  an  officer,  of  being  put  in 
arrest ;  if  a  soldier,  confined,  and  of  asking  pardon  of  the  party  offended, 
in  the  presence  of  his  commanding  officer. 

Article  25.  No  officer  or  soldier  shall  send  a  challenge  to  another 
officer  or  soldier,  to  fight  a  duel,  or  accept  a  challenge,  if  sent,  upon 
pain,  if  a  commissioned  officer,  of  being  cashiered;  if  a  non-commis- 
sioned office  on  soldier,  of  suffering  corporeal  punishment,  at  the  discre- 
tion of  a  court  martial. 

Article  26.  If  any  commissioned  or  non-commissioned  officer  com- 
manding a  guard,  shall  knowingly  or  willingly  suffer  any  person  what- 
soever to  go  forth  to  fight  a  duel,  he  shall  be  punished  as  a  challenger; 
and  all  seconds,  promoters  and  carriers  of  challenges,  in  order  to  duels, 
shall  be  deeioed  principals,  and  be  pnmshed  accordingly.  And  it  shall 
be  the  duty  of  every  officer,  commanding  an  army,  regiment,  company, 
post,  or  detachment,  who  is  knowing  to  a  challenge  beinff  given,  or  ac- 
cepted, by  any  officer,  non-commissioned  officer,  or  soldier,  under  his 
command,  or  has  reason  to  believe  the  same  to  be  the  case,  immediately 
to  arrest  and  bring  to  trial  such  offenders. 

Article  27.  All  officers,  of  what  condition  soever,  have  power  to  part 
«nd  quell  all  quarrels,  frays,  and  disorders,  though  the  persons  concerned 
should  belong  to  another  regiment,  troop,  or  company ;  and  either  to 
order  officers  into  arrest,  or  non-commissioned  officers  or  soldiers  into 
confinement,  until  their  proper  superior  officers  shall  be  acquainted 
therewith ;  and  whosoever  shall  refuse  to  obey  such  officer,  (though  of 
«n  inferior  rank)  or  shall  draw  his  sword  upon  him,  shall  be  punished 
«t  the  discretion  of  a  general  court  martial. 

Article  28.  Any  officer  or  soldier,  who  shall  upbraid  another  for  re- 
fusing a  challenge,  shall  himself  be  punished  as  a  chaUenger,  and  all 
officers  and  soldiers  are  hereby  discharged  from  any  disgrace  or  opinion 
of  disadvantage,  which  might  arise  fi'om  their  having  refused  to  accept 
of  challenges,  as  they  will  only  have  acted  in  obedience  to  the  laws,  and 
done  their  duty  as  good  soldiers,  who  subject  themselves  to  discipline. 

Article  29.  No  suttler  shall  be  permitted  to  sell  any  kind  of  liquors 
or  victuals,  or  to  keep  their  houses  or  shops  open  for  the  entertainment 
of  soldiers,  after  nine  at  night,  or  before  the  beating  of  the  reveilies,  or 
upon  Sundays,  during  divine  service  or  sermon,  on  the  penalty  of  being 
dismissed  firom  all  future  suttling. 

Article  30.  All  officers  commanding  in  the  field,  forts,  barracks,  or 
garrisons  of  the  United  States,  are  hereby  required  to  see  that  the  per- 
sons permitted  to  suttle,  shall  supply  the  soldiers  with  good  and  whole- 
some provbions,  or  other  articles,  at  a  reasonable  price,  as  they  shall  be 
answerable  for  their  neglect. 

Article  31.  No  officer  commanding  in  any  of  the  garrisons,  forts,  or 
barracks  of  the  United  States,  shall  exact  exorbitant  prices  for  houses 
or  stalls  let  out  to  suttlers,  or  connive  at  the  like  exactions  in  others; 
nOT  by  his  own  authority,  and  for  his  private  advantage,  lay  any  duty  or 
imposition  upon^  or  be  interested  in,  the  sale  of  any  victuals,  liquors,  or 
other  necessaries  of  life,  brought  into  the  garrison,  fort,  or  barracks,  for 
the  use  of  the  soldiers,  on  the  penalty  of  ^ing  discharged  firom  the  ser- 
vice. 

Article  32.  Every  officer  commanding  in  quarters,  garrisons,  or  on 
the  march,  shall  keep  good  order,  and  to  the  utmost  of  his  power,  re- 
dress all  abuses  or  disorders,  which  may  be  committed  by  any  officer  or 
soldier  under  his  command ;  if  upon  complaint  made  to  him  of  officers 
or  soldiers  beating,  or  otherwise  ill  treating,  any  person,  of  disturbing 
fain  or  markets,  or  of  committing  any  kinds  of  riots  to  the  disquieting 


ReproaehlU 
teecneibyiol- 


■peeci 
diera. 


Sending  a  chal« 
lenge  to  fight. 


Allowing  a 
penon  to  go 
forth  to  Bgfat  a 
dnel. 


QuarroU  aad 
affrayt. 


Upbraiding  an- 
other tor  not 
■ending  a  chal- 
lenge. 


Prohibition  of 
■ale  of  liqnore 
and  ▼ietaala  af- 
ter nine  at  night 


Sottlera. 


Rente  of  stalla, 
Iec.  to  suttlere. 


Good  order  to 
be  kept. 


3C4 


NIN^rH  CONGRESS.    Sess.  I.  Ch.  20.    ISCMf. 


RepantioDfor 
injunei. 


Officers  or 
•oldieri  who 
commit  offences 
against  the  per- 
sons or  proper- 
ty   of    citizens 
of  the  United 
States  to  be  de- 
livered  over  to 
the  officers  of 
justice. 


Punishment 
for  neglect. 


Officers    who 
shall  think 
themselTes 
wronged  bj 
their  command- 
ing officer  maj 
complain  to  the 
genevl. 


Inferior  offi- 
cers who  think 
themseWes 
wronged. 


Embesslement 
lie.    of  public 
property  by 
commissioned 
officers. 


£mbe«le- 
ment,    kc.    by 
soldiers. 


Sale  of  his 
horse,  arms,  &c. 
by  non-commis- 
sioned officers 
or  soldiers. 


of  the  citizens  of  the  United  States,  he,  the  said  commander,  who  shall 
refuse  or  omit  to  see  justice  done  to  the  offender  or  offenders,  and  repa- 
ration made  to  the  party  or  parties  injured,  as  far  as  part  of  the  offender's 
pay  shall  enable  him  or  them,  shall,  upon  proof  thereof,  be  cashiered  or 
otherwise  punished  as  a  general  court  martial  shall  direct. 

Article  33.  When  any  commissioned  officer  or  soldier,  shall  be  ac- 
cused of  a  capital  crime,  or  of  having  used  violence,  or  committed  any 
offence  against  the  persons  or  property  of  any  citizen  of  any  of  the  United 
States,  such  as  is  punishable  by  the  known  laws  of  the  land,  the  command- 
ing officer,  and  officers  of  every  regiment,  troop,  or  company,  to  which 
the  person,  or  persons,  so  accused,  shall  belong,  are  hereby  required, 
upon  application  duly  made  by,  or  in  behalf  of  the  party  or  parties 
injured,  to  use  their  utmost  endeavours  to  deliver  over  such  accused 
person,  or  persons,  to  the  civil  magistrate,  and  likewise  to  be  aiding  and 
assisting  to  the  officers  of  justice  in  apprehending  and  securing  the 
person  or  persons  so  accused,  in  order  to  bring  him  or  tjiem  to  trial. 
If  any  commanding  officer,  or  officers,  shall  wilfully  neglect,  or  shall 
refuse,  upon  the  application  aforesaid,  to  deliver  over  such  accused 
person,  or  persons,  to  the  civil  magistrates,  or  to  be  aiding  and  assisting 
to  the  officers  of  justice  in  apprehending  such  person,  or  persons,  the 
officer,  or  officers,  so  offending,  shall  be  cashiered. 

Article  34.  If  any  officer  shall  think  himself  wronged  by  his  colonel, 
or  the  commanding  officer  of  the  regiment,  and  shall,  upon  due  appli- 
cation being  made  to  him,  be  refused  redress,  he  may  complain  to  the 
general,  commanding  in  the  state  or  territory  where  such  regiment  shall 
be  stationed,  in  order  to  obtain  justice;  who  is  hereby  required  to  ex- 
amine into  the  said  complaint,  and  take  proper  measures  for  redressing 
the  wrong  complained  of,  and  transmit,  as  soon  as  possible,  to  the 
department  of  war,  a  true  state  of  such  complaint^  with  the  proceedings 
had  thereon. 

Article  35.  If  any  inferior  officer  or  soldier  shall  think  himself 
wronged  by  his  captain,  or  other  officer,  he  is  to  complain  thereof  to  the 
commanding  officer  of  the  regiment,  who  is  hereby  required  to  summon 
a  regimental  court  martial,  for  the  doing  justice  to  the  complainant ;  from 
which  regimentaj  court  martial,  either  party  may,  if  he  thinks  himself 
still  aggrieved,  appeal  to  a  general  court  martial.  But  if,  upon  a  second 
hearing,  the  appeal  shall  appear  vexatious  and  groundless,  the  person, 
so  appealing,  shall  be  punished  at  the  discretion  of  the  said  court  martial. 

Article  §5.  Any  commissioned  officer,  storekeeper,  or  commissary, 
who  shall  be  convicted  at  a  general  comt  martial,  of  having  sold,  with- 
out a  proper  order  for  that  purpose,  embezzled,  misaf^lied,  or  wilfully, 
or  through  neglect,  suffered  any  of  the  provisions,  forage,  arms,  clothing, 
ammunition,  or  other  military  stores,  belonging  to  the  United  States,  to 
be  spoiled,  or  damased,  shall,  at  his  own  expense,  make  good  the  loss, 
or  damage,  and  shall,  moreover,  forfeit  all  his  pay,  and  be  dismissed  from 
the  service. 

Article  37.  Any  non-commissioned  officer,  or  soldier,  who  shall  be 
convicted,  at  a  regimental  court  martial,  of  having  sold,  or  designedly, 
or  through  neglect,  wasted  the  ammunition  ^lelivered  out  to  him,  to  be 
employed  in  the  service  of  Uie  United  States,  shall  be  punished  at  the 
discretion  of  such  court. 

Article  38.  Every  non-commissioned  officer  or  soldier,  who  shall  be 
convicted  before  a  court  martial,  of  having  sold,  lost,  or  spoiled,  through 
ne^ect,  his  horse,  arms,  clothes,  or  accoutrements,  shall  undergo  such 
weekly  stoppages,  (not  exceeding  the  half  of  his  pay)  as  such  court 
martial  shall  judge  sufficient,  for  repairing  the  loss  or  damage ;  and  shall 
suffer  confinement  or  such  other  corporeal  punishment  as  his  crime 
shall  deserve. 

Article  39.   Every  officer,  who  shall  be  convicted  before  a  court 


NINTH  CONQRESS.    Sns.  I.  Ch.  20.    180a 


3G5 


martial,  of  having  embezzled,  or  misapplied  any  money,  with  which  he 
may  have  beeo  entrusted  for  the  payment  of  the  men  under  his  com- 
mand, or  for  enlisting  men  into  the  service,  or  for  other  purposes,  if  a 
commissioned  officer,  shall  be  cashiered,  and  compelled  to  refund  the 
money;  if  a  non-commissioned  officer,  shall  be  reduced  to  the  ranks,  be 
put  under  stoppages  until  the  money  be  made  good,  and  suffer  such 
corporeal  punishment  as  such  court  martial  shall  direct. 

Article  40.  Every  captain  of  a  troop,  or  company,  is  charged  with  the 
arms,  accoutrements,  ammunition,  clothing,  or  other  warlike  stores 
belonging  to  the  troq>,  or  company  under  his  command,  which  he  is  to 
be  accountable  for  to  his  colonel,  in  case  of  their  being  lost,  spoiled,  or 
damaged,  not  by  unavoidable  accidents,  or  on  actual  service. 

Article  41.  All  non-commisioned  officers  and  soldiers,  who  diall  be 
found  one  mile  from  the  camp  without  leave,  in  writing,  from  their 
commanding  officer,  shall  suffer  such  punishment  as  shall  be  inflicted 
upon  them  by  the  sentence  of  a  court  martial. 

Article  42.  No  officer,  <Mr  soldier,  shall  lie  out  of  his  quarters,  garri- 
son, or  camp,  without  leave  from  his  superior  officer,  upon  penalty  of 
being  punished  according  to  the  nature  of  his  offence,  by  the  sentence 
of  a  court  martial. 

Article  43.  Every  non-commissioned  officer  and  soldier  shall  retire  to 
his  quarters  or  tent,  at  the  beating  of  the  retreat;  in  default  of  which  he 
shall  be  punished  according  to  the  nature  of  his  offence. 

Article  44.  No  officer,  non-commissioned  officer,  or  soldier,  shall  fail 
in  repairing,  at  the  time  fixed,  to  the  place  of  parade,  of  exercise,  or 
other  rendezvous,  appointed  by  his  commanding  officer,  if  not  prevented 
by  sickness,  or  some  other  evident  necessity ;  or  shall  go  from  the  said 
place  of  rendezvous,  without  leave  from  his  commanding  officer,  before 
he  shall  be  regularly  dismissed  or  relieved,  on  the  penalty  of  being 
punished  according  to  the  nature  of  his  offence  by  the  sentence  of  a 
court  martial. 

Article  45.  Any  commissioned  officer  who  shall  be  found  drunk  on 
his  guard,  party,  or  other  duty,  shall  be  cashiered.  Any  non-commis- 
sioned officer  or  soldier  so  offending,  shall  suffer  such  corporeal  punish- 
ment as  shall  be  inflicted  by  the  sentence  of  a  court  martial. 

Article  46.  Any  sentinel  who  shall  be  found  sleeping  upon  his  post, 
or  shall  leave  it  before  he  shall  be  re^pilarly  relieved,  shall  suffer  death, 
or  such  other  punishment  as  shall  be  inflicted  by  the  sentence  of  a  court 
martial. 

Article  47.  No  soldier  belonging  to  any  regiment,  troop,  or  company, 
shall  hire  another  to  do  his  duty  for  him,  or  be  excused  from  duty,  but 
in  cases  of  sickness,  disability,  or  leave  of  absence ;  and  every  such 
soldier  found  guilty  of  hiring  his  duty,  as  also  the  party  so  hired  to  do 
another's  duty,  shdl  be  punished  at  the  discretion  of  a  regimental  court 
martial. 

Article  48.  And  every  non-commissioned  officer  conniving  at  such 
hiring  of  duty  aforesaid,  shall  be  reduced ;  and  every  commissioned 
officer,  knowing  and  allowing  such  ill  practices  in  the  service,  shall  be 
punished  by  the  judgment  ofa  general  court  martial. 

Article  49.  Any  officer  belonging  to  the  service  of  the  United  States, 
who,  by  discharging  of  fire-arms,  drawing  of  swords,  beating  of  drums, 
or  by  any  other  means  whatsoever,  shall  occasion  false  alarms  in  camp, 
garrison,  or  quarters,  shall  suffer  death,  or  such  other  punishment  as 
shall  be  ordered  by  the  sentence  of  a  general  court  martial. 

Article  50.  Any  officer  or  soldier,  who  shall,  without  urgent  necessity 
or  without  the  leave  of  his  superior  officer,  quit  his  guard,  platoon,  or 
division,  shall  be  punished  according  to  the  nature  of  his  offence,  by  the 
sentence  of  a  court  martial. 

Article  51 .  No  officer  or  soldier  shall  do  violence  to  any  person  who 

2h2 


Embeulemmit 
of  money. 


Erer J  captain 
ofa  troop  to  be 
accoantaole  for 
the  armi  of  the 
troop. 

Abience  from 
camp    withoat 
leaTe. 


Officer  or  tol. 
dier  oat  of  gar- 
riaon    without 
leaire  in  writing. 

Retirement  to 
({aarterf  at  beat- 
ing the  retreat. 

Attendance  at 
parade. 


Dronkenneas. 


Sentinel  sleep- 
ing on  hit  poit. 


Ezcuaea  from 
dutjr. 

Hiring  of  datjr. 


ConniTance  at 
hiring. 


False  alarms 
by  officera. 


Quitting  guard. 


Violence    to 


fUlA 
dOO 


NINTH  CONGRESS.    Sess.  I.  Ch.  20.     1806. 


penoM  bring- 
ing proviflionfl. 


MiabehaTionr 
before  the  ene- 
my. 

Catting  awaj 
arms. 
Plander. 


Making  known 
the  watchword. 


BehaTiour  on 
march. 


Forcing  a  safe 
gnard.  • 

RelieTing  or 
assisting  the  en- 
emy. 


CorrespoD- 
dence  with  the 
enemy. 


All    public 
stores  taken  in 
the    enemy's 
camp  to  be  se- 
corcMl. 

Compelling 
the  surrender  of 
a  fort,  Iec. 


Bottlers  to  be 
subject  to  or- 
ders. 


Rank   of 
brevets. 


brings  proTisions  or  other  necessaries  to  the  camp,  garrison,  or  quarters, 
of  the  forces  of  the  United  States,  employed  in  any  parts  out  of  the  said 
states,  upon  pain  of  death,  or  such  other  punishment  as  a  court  martial 
shall  direct. 

Article  52.  Any  officer  or  soldier,  who  shall  misbehsTe  himself  before 
the  enemy,  run  away,  or  shamefully  abandon  any  forf,  post,  or  guard, 
which  he  or  they  may  be  commanded  to  defend,  or  speak  words  inducing 
others  to  do  the  like;  or  shall  cast  away  his  arms  and  ammunition,  or 
who  shall  quit  his  post  or  colours  to  plunder  and  pillage,  every  such 
offender,  being  duly  convicted  thereof,  shall  suffer  death,  or  such  other 
punishment  as  shall  be  ordered  by  the  sentence  of  a  general  court  martial. 

Article  53.  Any  person  belonging  to  the  armies  of  the  United  States, 
who  shall  make  known  the  watchword  to  any  person  who  is  not  entitled 
to  receive  it,  according  to  the  rules  and  discipline  of  war,  or  shall  pr^ 
sume  to  give  a  parole  or  watchword,  different  from  what  he  received, 
shall  suffer  death,  or  such  other  punishment  as  shall  be  ordered  by  the 
sentence  of  a  general  court  martial. 

Article  54.  All  officers  and  soldiers  are  to  behave  themselves  orderly 
in  quarters,  and  on  their  march;  and  whosoever  shall  commit  any  waste 
or  spoil,  either  in  walks  of  trees,  parks,  warrens,  fish  ponds,  houses,  or 
gardens,  cornfields,  enclosures  of  meadows,  or  shall  maliciously  destroy 
any  property  whatsoever,  belonging  to  the  inhabitants  of  the  United 
States,  unless  by  order  of  the  then  commander  in  chief  of  the  armies  of 
the  said  states,  shall  (besides  such  penalties  as  they  are  liable  to  by  law) 
be  punished  according  to  the  nature  and  degree  of  the  offence,  by  the 
judgment  of  a  regimental  or  general  court  martial. 

Article  55.  Whosoever,  belonging  to  the  armies  of  the  United  States, 
employed  in  foreign  parts,  shall  force  a  safe  guard,  shall  suffer  death. 

Article  56.  Whosoever  shall  relieve  the  enemy  with  money,  victuals, 
or  ammunition,  or  shall  knowingly  harbor  or  protect  an  enemy,  shall 
suffer  death,  or  such  other  punishment  as  shall  be  ordered  by  the  sen- 
tence of  a  court  martial. 

Article  57.  Whosoever  shall  be  convicted  of  holding  correspondence 
with  or  giving  intelligence  to  the  enemy  either  directly  or  indirectly, 
shall  suffer  death  or  such  other  punishment  as  shall  be  ordered  by  the 
sentence  of  a  court  martial. 

Article  58.  All  public  stores  taken  in  the  enemy's  camp,  towns,  forts, 
or  magazines,  whether  of  artillery,  ammunition,  clothing,  forage  or  pro> 
visions,  shall  be  secured  for  the  service  of  the  United  States ;  for  the 
neglect  of  which  the  commanding  officer  is  to  be  answerable. 

Article  59.  If  any  commander  of  any  garrison,  fortress,  or  post,  shall 
be  compelled,  by  the  officers  and  soldiers  under  his  command,  to  give 
up  to  the  enemy,  or  to  abandon  it,  the  commissioned  officers,  non-com- 
missioned officers,  or  soldiers,  who  shall  be  convicted  of  having  so 
offended,  shall  suffer  death,  or  such  other  punishment  as  shall  be  inflicted 
upon  them  by  the  sentence  of  a  court  martial. 

Article  60.  All  suttlers  and  retainers  to  the  camp,  and  all  persons 
whatsoever,  serving  with  the  armies  of  the  United  States  in  the  field, 
though  not  enlisted  soldiers,  are  to  be  subject  to  orders,  according  to 
the  rules  and  discipline  of  war. 

Article  61.  Officers  having  brevets,  or  commissions,  of  a  prior  date 
to  those  of  the  regiment  in  which  they  serve,  may  take  place  in  courts 
martial  and  on  detachments,  when  composed  of  different  corps,  accord- 
ing to  the  ranks  given  them  in  their  brevets,  or  dates  of  their  former 
commissions;  but  in  the  regiment,  troop,  or  company,  to  which  such 
officers  belong,  they  shall  do  duty  and  take  rank,  both  in  courts  martial 
and  on  detachments,  which  shall  be  composed  only  of  their  own  corps, 
according  to  the  commissions  by  which  they  are  mustered  in  the  said 
corps. 


NINTH  CONGRESS.    Sess.  I.  Ch.  20.     1806. 


367 


Article  62.  If  upon  marches,  guards,  or  in  quarters,  difTerent  corps 
of  the  army  shall  happen  to  join,  or  do  duty  together,  the  officer  highest 
in  rank  of  the  line  of  the  army,  marine  corps,  or  militia,  by  commission 
there,  on  duty,  or  in  quarters,  shall  command  the  whole,  and  give  orders 
for  what  is  needfiil  to  the  service,  unless  otherwise  specially  directed  by 
the  President  of  the  United  States,  according  to  the  nature  of  the  case. 

Article  63.  The  functions  of  the  engineers  being  generally  confined 
to  the  most  elevated  branch  of  military  science,  they  are  not  to  assume, 
nor  are  they  subject  to  be  ordered  on  any  duty  beyond  the  line  of  their 
immediate  profession,  except  by  the  special  order  of  the  President  of 
the  United  States;  but  they  are  to  receive  every  mark  of  respect,  to 
which  their  rank  in  the  army  may  entitle  them,  respectively,  and  are 
liable  to  be  transferred,  at  the  discretion  of  the  President,  from  one 
corps  to  another,  regard  being  paid  to  rank. 

Article  64.  General  courts  martial  may  consist  of  any  number  of 
commissioned  officers,  from  five  to  thirteen,  inclusively,  but  they  shall 
not  consist  of  less  than  thirteen,  where  that  number  can  be  convened 
without  m'anifest  injury  to  the  service. 

Article  65.  Any  general  officer  commanding  an  army,  or  cdonel 
commanding  a  separate  department,  may  appoint  general  courts  martial, 
whenever  necessary.  But  no  sentence  of  a  court  martial  shall  be  carried 
into  execution  until  after  the  whole  proceedings  shall  have  been  laid 
before  the  officer  ordering  the  same,  or  the  officer  commanding  the 
troops  for  the  time  being ;  neither  shaJl  any  sentence  of  a  general  court 
martial,  in  time  of  peace,  extending  to  the  loss  of  life,  or  the  dismission 
of  a  commissioned  officer,  or  which  shall,  either  in  time  of  peace  or 
war,  respect  a  general  officer,  be  carried  into  execution,  until  after  the 
whole  proceedings  shall  have  been  transmitted  to  the  Secretary  of  War, 
to  be  laid  before  the  President  of  the  United  States,  for  his  confirmation 
or  disapproval,  and  orders,  in  the  case.  All  other  sentences  may  be 
confirmed  and  executed  by  the  officer  ordering  the  court  to  assemble,  or 
the  commanding  officer,  for  the  time  being,  as  the  case  may  be.(a) 

Article  66.  Every  officer  commanding  a  regiment,  or  corps,  may 
appoint,  for  his  own  regiment,  or  corps,  courts  martial,  to  consist  of 
three  commissioned  officers,  for  the  trial  and  punishment  of  ofiences  not 
capital,  and  decide  upon  their  sentences.  For  the  same  purpose,  all 
officers,  commanding  any  of  the  garrisons,  forts,  barracks,  or  other 
places,  where  the  troops  consist  of  different  corps,  may  assemble  courts 
martial,  to  consist  of  three  commissioned  officers,  and  decide  upon  their 
sentences. 

Article  67.  No  garrison,  or  regimental  court  martial  shall  have  the 
power  to  try  capital  cases,  or  commisioned  officers;  neither  shall  they 
inflict  a  fine  exceeding  one  month's  pay,  nor  imprison,  nor  put  to  hard 
labour,  any  non-commissioned  officer  or  soldier,  for  a  longer  time  than 
one  month. 

Article  68.  Whenever  it  may  be  found  convenient  and  necessary  to 
the  public  service,  the  officers  of  the  marines  shall  be  associated  with 
the  officers  of  the  land  forces,  for  the  purpose  of  holding  courts  martial 
and  trying  offenders  belonging  to  either ;  and  in  such  cases  the  orders 
of  the  senior  officer  of  either  corps,  who  may  be  present  and  duly 
authorized,  shall  be  received  and  obeyed. 

Article  69.  The  judge  advocate,  or  some  person  deputed  by  him,  or 
by  the  general  or  officer  commanding  the  army,  detachment,  or  garrison, 
shall  prosecute  in  the  name  of  the  United  States,  but  shall  so  far  con- 
sider himself  as  counsel  for  the  prisoner,  after  the  said  prisoner  shall 
have  made  his  plea,  as  to  object  to  any  leading  question  to  any  of  the 
witnesses,  or  any  question  to  the  prisoner,  the  answer  to  which  might 


Commiod 
march. 


Engineeri. 


General  court 
martial. 


General    offi- 
cera    maj    ap- 
point court 
martial. 


Proceeding!  of 
court  martial. 


Commanding 
officeri  of  regi- 
ments may  ap. 
point    courts 
martial. 


No   garrison 
or    regimental 
court  martial 
shall  have  pow- 
er   to    try  offi- 
cers. 

Limitation  of 
powera. 

Court  martial 
bow  composed. 


Judge    advo- 


(d)  May  39,  1830,  oh.  179. 


NINTH  CONGRESS.    Sess.  I.  Cii.  20.     1800. 


Oath  of  offi- 
cen  of  coort 
martial. 


Oath  of  jadse 
advocate. 


Priiooer 
■tanding  mvto. 


Challenge!  of 
membert    of 
court!  martial 
by  priioner!. 


Behavioar  of 
the  member!  of 
a  coort  martial. 

Evidence. 


Depo!ition!. 


Officer!  not  to 
be  tried,  if  it 
can  be  avoided, 
by  inferior  offi. 
cer!. 

8e!iioni  of 
court!  martial. 

Officer!  before 
court!  martial. 


tend  to  criminate  himself;  and  administer  to  each  member  of  the  court, 
before  they  proceed  upon  any  trial,  the  following  oath,  which  shall  also 
be  taken  by  all  members  of  the  regimental  and  garrison  courts  martial : 

''  You  A.  B.  do  swear,  that  you  will  well  and  truly  try  and  determine, 
according  to  evidence,  the  matter  now  before  you,  between  the  United 
States  of  America  and  the  prisoner  to  be  tried;  and  that  you  will  duly 
administer  justice,  according  to  the  provisions  of  'An  act  establishing 
rules  and  articles  for  the  government  of  the  armies  of  the  United  States,' 
without  partiality,  favour,  or  affection :  and  if  any  doubt  shall  arise,  not 
explained  by  said  articles,  according  to  your  conscience,  the  best  of 
your  understanding,  and  the  custom  of  war  in  like  cases:  and  you  do 
further  swear,  that  you  will  not  divulge  the  sentence  of  the  court  until 
it  shall  be  published  by  the  proper  authority :  neither  wiU  you  disclose 
or  discover  the  vote  or  opinion  of  any  particular  jnember  of  the  court 
martial,  unlesat  required  to  give  evidence  thereof  as  a  witness,  by  a  court 
of  justice,  in  a  due  course  of  law.     80  help  you  God** 

And  as  soon  as  the  said  oath  shall  have  been  administered  to  the 
respective  members,  the  president  of  the  court  shall  administer  to  the 
judge  advocate,  or  person  officiating  as  such,  an  oath  in  the  following 
words : 

"You  A.  B.  do  swear,  that  you  will  not  disclose  or  discover  the  vote 
or  opinion  of  any  particular  member  of  the  court  martial,  unless  r^ 
quired  to  give  evidence  thereof  as  a  witness,  by  a  court  of  justice  in  due 
course  of  Taw;  nor  divulge  the  sentence  of  the  court,  to  any  but  the 
proper  authority,  until  it  shall  be  duly  disclosed  by  the  same.  80  kelp 
you  God," 

Article  70.  When  a  prisoner  arraigned  before  a  general  court  martial 
shall,  from  obstinacy  and  deliberate  design,  stand  mute  or  answer  foreign 
to  the  purpose,  the  court  may  proceed  to  trial  and  judgment  as  if  the 
prisoner  had  regularly  pleaded  not  guilty. 

Article  71.  When  a  member  shall  be  challenged  by  a  prisoner,  he 
must  state  his  cause  of  challenge,  of  which  the  court  shall,  after  due 
deliberation,  determine  the  relevancy  or  validity,  and  decide  accord- 
ingly; and  no  challenge  to  more  than  one  member  at  a  time  shall  be 
received  by  the  court 

Article  72.  All  the  members  of  a  court  martial  are  to  behave  with 
decency  and  calmness;  and  in  giving  their  votes,  are  to  begin  with  the 
youngest  in  commission. 

Article  73.  All  persons  who  give  evidence  before  a  court  martial,  are 
to  be  examined  on  oath  or  affirmation  in  the  following  form : 

**  You  swear  or  affirm,  (as  the  case  may  be,)  the  evidence  you  shall 
give  in  the  cause  now  in  hearing,  shall  be  the  truth,  the  whole  truth, 
and  nothing  but  the  truth.     So  help  you  God.*' 

Article  '^.  On  the  trials  of  cases  not  capital,  before  courts  martial, 
the  deposition  of  witnesses  not  in  the  line  or  staff  of  the  army,  may  be 
taken  before  some  justice  of  the  peace,  and  read  in  evidence :  provided, 
the  prosecutor  and  the  person  accused  are  present  at  the  taking  the 
same,  or  are  duly  notified  thereof. 

Article  75.  No  officer  shall  be  tried  but  by  a  general  court  martial, 
nor  by  officers  of  an  inferior  rank,  if  it  can  be  avoided :  nor  shall  any 
proceedings  or  trials  be  carried  on  excepting  between  the  hours  of 
eight  in  Uie  morning  and  three  in  the  afternoon,  excepting  in  cases 
which,  in  the  opinion  of  the  officer  appointing  the  court  martial,  re- 
quire immediate  example. 

Article  76.  No  person  whatsoever  shall  use  any  menacing  words, 
signs,  or  gestures,  in  presence  of  a  court  martial,  or  shall  cause  any 
disorder  or  riot,  or  disturb  their  proceedings,  on  the  penalty  of  being 
punished,  at  the  discretion  of  the  said  court  martial. 

Article  77.  Whenever  any  officer  shall  be  charged  with  a  crime,  he 


NINTH  CX)NGRESS.    Ssss.  L  Ch.  20.    1806. 


369 


shall  be  arrested  and  confined  in  his  barracks,  quarters,  or  tent,  and  de- 
prived of  his  sword,  by  the  commanding  officer.  And  any  officer  who 
shall  leave  his  confinement  before  he  shalj  be  set  at  liberty  by  his  com- 
manding officer,  or  by  a  superior  officer,  shall  be  cashiered. 

Ariicie  78.  Non-commissioned  officers  and  soldiers,  charged  with 
crimes,  shall  be  confined,  until  tried  by  a  court  martial,  or  released  by 
proper  authority. 

Article  79.  No  officer  or  soldier  who  shall  be  put  in  arrest,  shall  con- 
tinue in  confinement  more  than  eight  days,  or  until  such  time  as  a  court 
martial  can  be  assembled. 

Article  80.  No  officer  commanding  a  guard,  or  provost  marshal,  shall 
refuse  to  receive  or  keep  any  prisoner  committed  to  his  charge,  by  an 
officer  belonging  to  the  forces  of  the  United  States ;  provided  the  officer 
committing,  shul,  at  the  same  time,  deliver  an  account  in  writing,  signed 
by  himself,  of  the  crime  with  which  the  said  prisoner  is  charged. 

Article  81.  No  officer  commanding  a  guard,  or  provost  marshal,  shall 
presume  to  release  any  person  committed  to  his  charge,  without  proper 
authority  for  so  doing,  nor  shall  he  suffer  any  person  to  escape,  on  the 
penalty  of  being  punished  for  it  by  the  sentence  of  a  court  martial. 

Article  82.  Every  officer  or  provost  marshal,  to  whose  charge  prison- 
era  shall  be  committed,  shall,  within  twenty-four  hours  after  such  com- 
mitment, or  as  soon  as  he  shall  be  relieved  from  his  guard,  make  report 
in  writing,  to  the  commanding  officer,  of  their  names,  their  crimes,  and 
the  names  of  the  officers  who  committed  them,  on  the  penalty  of  being 
punished  for  disobedience  or  neglect,  at  the  discretion  of  a  court  martial 

Article  83.  Any  commissioned  officer  convicted  before  a  general 
court  martial  of  conduct  unbecoming  an  officer  and  a  gentleman,  shall 
be  dismissed  the  service. 

Article  84.  In  cases  where  a  court  martial  may  think  it  proper  to 
sentence  a  commissioned  officer  to  be  suspended  from  command,  they 
shall  have  power  also  to  suspend  his  pay  and  emoluments  for  the  same 
time,  according  to  the  nature  and  heinousness  of  the  offence. 

Article  85.  In  all  cases  where  a  commissioned  officer  is  cashiered 
for  cowardice  or  fraud,  it  shall  be  added  in  the  sentence,  that  the  crime, 
name,  and  place  of  abode  and  punishment  of  the  delinquent,  be  pub- 
lished in  the  newspapers  in  and  about  the  camp,  and  of  the  particular 
state  from  which  the  offender  came,  or  where  he  usually  resides,  after 
which  it  shall  be  deemed  scandalous  for  an  officer  to  associate  with  him. 

Article  86.  The  commanding  officer  of  any  post  or  detachment,  in 
which  there  shall  not  be  a  number  of  officers  adequate  to  form  a  general 
court  martial,  shaU,  in  cases  which  require  the  cognizance  of  such  a 
court,  report  to  the  commanding  officer  of  the  department,  who  shaU 
order  a  court  to  be  assembled  at  the  nearest  post  or  detachment,  and 
the  party  accused,  with  necessary  witnesses,  to  be  transported  to  the 
place  where  the  said  court  shall  be  assembled. 

Article  87.  No  person  shall  be  sentenced  to  suffer  death,  but  by  the 
concurrence  of  two  thirds  of  the  members  of  a  general  court  martial, 
nor  except  in  the  cases  herein  expressly  mention^;  nor  shall  more  than 
fiifty  lashes  be  inflicted  on  any  offender,  at  the  discretion  of  a  court  mar- 
tial ;  and  no  officer,  non-commissioned  officer,  soldier,  or  follower  of  the 
army,  shall  be  tried  a  second  time  for  the  same  offence. 

Article  88.  No  person  shaU  be  liable  to  be  tried  and  punished  by  a 
general  court  martial  for  any  offbnce  which  shall  appear  to  have  been 
committed  more  than  two  years  before  the  issuing  of  the  order  for  such 
trial,  unless  the  person,  by  reason  of  having  absented  himself  or  some 
other  manifest  impediment,  shall  not  have  been  amenable  to  justice 
within  that  period. 

Article  89.  Every  officer  authorized  to  order  a  general  court  martial, 
shall  have  power  to  pardon  or  mitigate  any  punishment  ordered  by  such 

Vol.  a— 47 


Arrest  of  offi. 
eer«. 

Confinement 
of  offend  en. 

Confinement 
of  peraone 
charged  with 
crime*. 

No  officer  to 
be    confined 
more  than  eight 
dajri    before 
trial. 

Officers  refae- 
ing  to  keep  pri- 


Releasingpri- 
■onera  or  saner- 
ing  them  to  es- 
cape. 

Report  to  be 
made    of  pri- 
soners. 


Behaviour  be- 
fore courts  mar- 
tial. 

Sentences  of 
courts  martial. 


Punishment 
for  cowardice  or 
fraud. 


Courts  martial 
where  the  offi- 
cers adequate  to 
form  a  court 
martial  are  not 
in  sufficient 
number  at  the 
post. 

Sentence  of  a 
court  martial 
shall  be  bj  the 
concurrence  of 
two-thirds., 


Limitation  of 
trials. 


Power  of  par- 
don, or  mitigat- 
ing sentences. 


370 


NINTH  CONGRESS.    Sess.  I.  Cii.  20.     1806. 


Dntjr  of   the 
JQdge  adTocate. 


Copieiof  pro- 
ceedmga   and 
■entence   of 
court  martial. 

Coartt  of  in- 
qnirjr. 


Authentication 
of  proceeding! 
of  conrta  of  in- 
quiry. 

Where    pro- 
ceedinga  of 
court!  of  inquiry 
are  evidence. 


Oath  to  mem- 
bers of  court!  of 
inquiry. 


Effects   of  a 
eommiaaioned 
oiBcer  who  die* 
to  be  lecured 
for  hifl  executon 


court,  except  the  sentence  of  death,  or  of  cashiering  an  officer ;  which, 
in  the  cases  where  he  has  authority  (by  article  65)  to  carry  them  into 
execution,  he  may  suspend  until  the  pleasure  of  the  President  of  the 
United  States  can  be  known ;  which  suspension,  together  with  copies 
of  the  proceedings  of  the  court  martial,  the  said  officer  shall  immediately 
transmit  to  the  President,  for  his  determination.  And  the  colonel  or 
commanding  officer  of  the  regiment  or  garrison,  where  any  regimental 
or  garrison  court  martial  shall  be  held,  may  pardon  or  mitigate  any 
punishment  ordered  by  such  court  to  be  inflicted. 

Article  90.  Every  judge  advocate,  or  person  officiating  as  such,  at 
any  general  court  martial,  shall  transmit,  with  as  much  expedition  as 
the  opportunity  of  time  and  distance  of  place  can  admit,  the  original 
proceedings  and  sentence  of  such  court  martial,  to  the  Secretary  of  War, 
which  said  original  proceedings  and  sentence  shall  be  carefully  kept  and 
preserved  in  the  office  of  said  secretary,  to  the  end  that  the  persons  en- 
titled thereto  may  be  enabled,  bpon  application  to  the  said  office,  to 
obtain  copies  thereof. 

The  party  tried  by  any  general  court  martial,  shall,  upon  demand 
thereof  made  by  himself  or  by  any  person  or  persons  in  his  behalf,  be 
entitled  to  a  copy  of  the  sentence  and  proceedings  of  such  court  mar- 
tial. 

Article  91.  In  cases  where  the  general  or  commanding  officer  may 
order  a  court  of  inquiry  to  examine  into  the  nature  of  any  transaction, 
accusation,  or  imputation  against  any  officer  or  soldier,  the  said  court 
shall  consist  of  one  or  more  officers,  not  exceeding  three,  and  a  judge 
advocate,  or  other  suitable  person  as  a  recorder,  to  reduce  the  proceed- 
ings and  evidence  to  writing,  all  of  whom  shall  be  sworn  to  the  faithful 
performance  of  their  duty.  This  court  shall  have  the  same  power  to 
summon  witnesses  as  a  court  martial,  and  to  examine  them  on  oath. 
But  they  shall  not  give  their  opinion  on  the  merits  of  the  case,  excepting 
they  shall  be  thereto  specially  required.  The  parties  accused  shall  also 
be  permitted  to  cross  examine  and  interrogate  the  witnesses,  so  as  to  in- 
vestigate fully  the  circumstances  in  the  question. 

Article  92.  The  proceedings  of  a  court  of  inquiry  must  be  authenti- 
cated by  the  signature  of  the  recorder  and  the  president,  and  delivered  to 
the  commanding  officer :  and  the  said  proceedings  may  be  admitted  as 
evidence  by  a  court  martial,  in  cases  not  capital,  or  extending  to  the 
dismission  of  an  officer,  provided  that  the  circumstances  are  such,  that 
oral  testimony  cannot  be  obtained.  But  as  courts  of  inquiry  may  be 
perverted  to  dishonourable  purposes,  and  may  be  considered  as  engines 
of  destruction  to  military  merit,  in  the  hands  of  weak  and  envious  com- 
mandants, they  are  hereby  prohibited,  unless  directed  by  the  President 
of  the  United  States,  or  demanded  by  the  accused. 

Article  93.  The  judge  advocate,  or  recorder,  shall  administer  to  the 
members  the  following  oath : 

*'  You  shall  well  and  truly  examine  and  inquire,  according  to  your 
evidence,  into  the  matter  now  before  you,  without  partiality,  favour, 
affection,  prejudice,  or  hope  of  reward.     So  help  you  God." 

After  which  the  president  shall  administer  to  the  judge  advocate,  or 
recorder,  the  following  oath : 

**  You  A.  B.  do  swear  that  you  wiU,  according  to  your  best  abilities, 
accurately  and  impartially  record  the  proceedings  of  the  court,  and  the 
evidence  to  be  given  in  the  case  in  hearing.     So  help  you  God." 

The  witnesses  shall  take  the  same  oath  as  witnesses  sworn  before  a 
court  martial. 

Article  94.  When  any  commissioned  officer  shall  die  or  be  killed  in 
the  service  of  the  United  States,  the  major  of  the  regiment,  or  the  officer 
doing  the  major's  duty  in  his  absence,  or  in  any  post  or  garrison,  the 
second  officer  in  command,  or  the  assistant  military  agent,  shall  imme- 


NINTH  (X)NGRESS.    Sess.  I.  Ca.  20.     1806. 


371 


diately  secure  all  his  effects  or  equipage,  then  io  camp  or  quarters,  and 
shall  make  an  inventory  thereof,  and  forthwith  transmit  the  same  to  the 
office  of  the  department  of  war,  to  the  end  that  his  executors  or  admin- 
istrators may  receive  the  same. 

Article  95.  When  any  non-commissioned  officer,  or  soldier,  shall  die, 
or  be  killed  in  the  service  of  the  United  Scates,  the  then  commanding 
officer  of  the  troop  or  company,  shall,  in  the  presence  of  two  other  com- 
missioned officers,  take  an  account  of  what  effects  he  died  possessed  of, 
above  his  arms  and  accoutrements,  and  transmit  the  same  to  the  office 
of  the  department  of  war;  which  said  effects  are  to  be  accounted  for,  and 
paid  to  the  representatives  of  such  deceased  non-commissioned  officer 
or  soldier.  And  in  case  any  of  the  officers,  so  authorized  to  take  care 
of  the  effects  of  deceased  officers  and  soldiers,  should,  before  they  have 
accounted  to  their  representatives  for  the  same,  have  occasion  to  leave 
the  regiment,  or  post,  by  preferment,  or  otherwise,  they  shall,  before  they 
be  permitted  to  quit  the  same,  deposit  in  the  hands  of  the  commanding 
officer,  or  of  the  assistant  military  agent,  all  the  effects  of  such  deceased 
non-commissioned  officers  and  soldiers,  in  order  that  the  same  may  be 
secured  for,  and  paid  to  their  respective  representatives. 

Article  96.  All  officers,  conductors,  gunners,  matrosses,  drivers,  or 
other  persons  whatsoever,  receiving  pay,  or  hire,  in  the  service  of  the 
artillery,  or  corps  of  engineers  of  the  United  States,  shall  be  governed 
by  the  aforesaid  rules  and  articles,  and  shall  be  subject  to  be  tried  by 
courts  martial,  in  like  manner  with  the  officers  and  soldiers  of  the  other 
troops  in  the  service  of  the  United  States. 

Article  97.  The  officers  and  soldiers,  of  any  troops,  whether  militia 
or  others,  being  mustered  and  in  pay  of  the  United  States,  shall,  at  all 
times  and  in  all  places,  when  joined,  or  acting  in  conjunction  with  the 
regular  forces  of  the  United  States,  be  governed  by  these  rules  and  arti- 
cles of  war,  and  shall  be  subject  to  be  tried  by  courts  martial,  in  like 
manner  witli  the  officers  and  soldiers  in  the  regular  forces,  save  only 
that  such  courts  martial  shall  be  composed  entirely  of  militia  officers. 

Article  96.  All  officers,  serving  by  commission  from  the  authority  of 
any  particular  state,  shall,  on  all  detachments,  courts  martial,  or  other 
duty,  wherein  they  may  be  employed  in  conjunction  with  the  regular 
forces  of  the  United  States,  take  rank,  next  after  all  officers  of  the  like 
grade  in  said  regular  forces,  notwithstanding  the  commissions  of  such 
militia  or  state  officers  may  be  elder  than  the  commissions  of  the  officers 
of  the  regular  forces  of  the  United  States. 

Article  99.  AU  crimes  not  capita],  and  all  disorders  and  neglects 
which  officers  and  soldiers  may  be  guilty  of,  to  the  prejudice  of  good 
order  and  military  discipline,  though  not  mentioned  in  the  foregoing 
articles  of  war,  are  to  be  taken  cognizance  of  by  a  general  or  regimentu 
court  martial,  according  to  the  nature  and  degree  of  the  offence,  and  be 
punished  at  their  discretion. 

Article  100.  The  President  of  the  United  States  shall  have  power  to 
prescribe  the  uniform  of  the  army. 

Article  101.  The  foregoing  articles  are  to  be  read  and  published  once 
in  every  six  months,  to  every  garrison,  regiment,  troop,  or  company, 
mustered  or  to  be  mustered  in  the  service  of  the  United  States,  and  are 
to  be  duly  observed  and  obeyed  by  all  officers  and  soldiers  who  are,  or 
shall  be  in  said  service. 

Sec.  2.  And  be  it  ^iarfher  enacted,  That  in  time  of  war,  aU  persons 
not  citizens  of,  or  owmg  allegiance  to  the  United  States  of  America, 
who  shall  be  found  lurking  as  spies,  in  or  about  the  fortifications  or  en- 
campments of  the  armies  of  Uie  United  States,  or  any  of  them,  shall 
suffer  death,  according  to  the  law  and  usage  of  nations,  by  sentence  of 
a  general  court  martiS. 

Sec.  3.  And  be  it  further  enacted,  That  the  rules  and  regulations,  by 


or  admimstra- 
ton. 


The  effects  of 
non-commia- 
aioned  officera 
or  aoldiera  who 
die  or  aball  be 
killed  to  be  tak- 
00  care  of. 


These  articles 
to  govern  all 
oiBcers,  lie 


Officers  and 
soldiers  of  the 
militia  when  in 
serTice  to  be 
governed  bj 
these  articles. 


Rank  of  mi- 
litia   officers 
when  serving 
with  officers  of 
the  army. 


Crimes  not 
capita],  and  all 
disorders  and 
neglects    not 
mentioned    in 
these  articles  to 
be  taken  cogni- 
sance of  bv 
court  martial. 

Uniform  of  tho 
array. 

Publication  of 
these    articles 
once  in  six 
months. 


Persons  lurk- 
ing about  fortifi- 
cations as  spies. 


372  NINTH  CONGRESS.    Sess.  I.  Ch.  21.     1806L 

Ralei  and  re-   which  the  armies  of  the  United  States  have  heretofore  been  governed, 
meriy**in' force     *°^  ^^®  resolves  of  Congress  thereunto  annexed,  and  respecting  the 
•bohihed.       '   same,  shall  henceforth  be  void  and  of  no  effect,  except  so  far  as  may  re- 
late to  any  transactions  under  them,  prior  to  the  promulgation  of  this 
act,  at  the  several  posts  and  garrisons  respectively,  occupied  by  any  part 
of  the  army  of  the  United  States. 
Approved,  AprD  10,  1806. 


Statute  I. 


April  10,  1806.  CuAP,  XXL^^n  jSlet  relating  to  bonds  given  by  JlfariAab,(a) 

Bond  of  the  ^^ ''  enacted  by  the  Senate  and  House  ofRtpreseniaHves  of  the  United 
marshal  shall  be   States  of  America  in  Congress  assembied,  That  the  bond  heretofore 

(a)  By  the  37th  section  of  the  act  of  September  24,  1789,  chap.  20»  toI.  i.  87,  the  appointment  of  a 
marshal  iu  each  district,  is  provide  for,  and  his  duties  and  powers  regulated. 

The  decisions  of  the  courto  of  the  United  Sutes  as  to  the  duties,  powers,  and  liabilities  of  Marsbala 
arc: — 

The  marshal  may  hare  an  attachment  to  enforce  the  payment  of  his  fees  of  office,  against  suitors  in 
the  court ;  so  also  against  the  endorser  on  the  writ,  who  by  the  lex  loci,  is*  liable  to  respond  for  costs. 
Anonymous,  2  Gallis.  C.  C.  R.  101. 

The  marshal  is  entitled  to  his  full  commissions  according  to  the  act  of  1799,  chap.  19«  upon  all  inter- 
locutory sales  of  prize  property.  The  act  of  27th  January,  1813,  applies  only  to  sales  after  final  con- 
demnation.   The  Avery,  2  Gallis.  C.  C.  R.  308. 

It  is  the  duty  of  the  marshal,  upon  all  interlocutory  sales,  to  bring  the  proceeds  into  court,  with  a 
regular  account  of  the  sales.    JMd. 

The  marshal  is  entitled  to  commissions  upon  prize  property,  removed  from  his  district,  by  consent  of 
parties,  and  there  sold.   The  San  Jose  Indiana,  2  Gallis.  C.  C.  R.  311. 

After  a  rule  on  the  marshal  to  return  the  capias  sd  satisfaciendum  issued  against  the  defendants,  on 
the  return  of  the  marshal  that  the  plaintiff  had  directed  him  not  to  serve  the  writ  on  one  defendant,  and 
that  the  other  could  not  be  found,  the  court  have  nothing  more  to  do  with  the  rule.  If  the  marshal  has 
misconducted  himself,  the  remedy  is  an  action  for  a  false  return.  Segonmey  v.  Ingraham  et  al.,  2  Wash. 
C.  C.  R.  336. 

Where  an  individual,  acting  in  pursuance  of  what  he  conceives  a  Just  claim  to  property,  proceeds  by 
legal  process  to  enforce  it,  and  causes  a  levy  to  be  made  on  property  which  is  claimea  by  another,  with, 
out  abusing  or  perverting  its  true  object,  there  is  and  ought  to  b«  a  very  different  rule  for  damages,  from 
the  case  in  which  vindictive  dam.igcs  may  be  allowed,  if  after  a  due  course  of  lesal  investigation,  his 
case  is  not  well  founded.  Where  the  defendant  had  acted  as  tlie  marshal  of  the  United  SUtes,  in  tho 
execution  of  his  duties  as  a  public  officer,  and  hsd  made  a  levy,  but  had  done  nothing  out  of  the  strictest 
line  of  duty,  the  circuit  court  instructed  the  iury  to  allow  compensation  for  the  injury  sustained,  and 
nothing  more.    Pacific  Ins.  Co.  v.  Conard,  Bardwin*8  C.  C.  R.  143. 

It  has  long  been  settled  that  a  iury  ought  not  in  any  case  to  find  exemplary  dsmages  against  a  public 
ofiicer,  acting  in  obedience  to  orders  from  tho  government,  without  any  circumstances  of  aggravation,  if 
he  violates  the  law  in  making  a  seizure  of  property.    Ibid, 

A  marshal  is  not  removed  by  the  appointment  of  a  new  one,  until  he  receives  notice  of  svch  appoint- 
ment ;  all  acts  done  by  the  old  marshal  after  the  appointment  of  a  new  one,  before  notice,  are  good ; 
but  his  acts  subsequent  to  notice  are  void.    Wallace's  C.  C.  R.  119. 

If  a  debtor,  committed  to  the  state  jail  under  process  from  the  courts  of  the  United  States,  escape, 
the  marshal  is  not  liable.    Randolph  v.  Donaldson,  9  Cranch,  76;  3  Cond.  Rep.  280. 

The  act  of  Congress  hss  limited  the  responsibility  of  the  marshal  to  his  own  acts  and  the  acts  of  his 
deputies.  The  keeper  of  a  state  jail  is,  neither  in  fact  nor  in  law,  the  deputy  of  the  marshal ;  he  is  not 
appointed  by,  nor  removable  at  the  will  of  the  marshal.  When  a  prisoner  is  regularly  committed  to  a 
state  jail  by  the  marshal,  he  is  no  longer  in  the  custody  of  the  marshal,  or  controllable  by  him.    JMd, 

If  a  marshal,  before  the  date  of  his  official  bond,  receive,  upon  an  execution,  money  doe  to  the  United 
States,  with  orders  from  the  comptroller  to  pay  it  into  the  Bank  of  the  United  States,  which  he  neglects 
10  do,  the  sureties  in  his  official  oond,  executed  afterwards,  are  not  liable  therefor  upon  the  bond ;  al- 
though the  money  remain  in  the  marsliaPs  hands  after  the  execution  of  the  bond.  The  United  States  v. 
Giles  and  others,  9  Cranch,  212 ;  3  Cond.  Rep.  377. 

Query.  Whether  the  sureties  in  a  marshal's  bond  conditioned  for  tlie  faithful  execution  of  his  duty, 
«  during  his  continuance  in  the  said  office,**  are  liable  for  money  received  by  him  after  his  removal  from 
office,  upon  an  execution  which  remained  in  his  hands  at  the  time  of  such  removal  1    Ibid, 

The  comptroller  of  the  treasury  has  a  right  to  direct  the  marshal  to  whom  he  shall  pay  monejr  received 
upon  executions,  and  a  payment  according  to  such  directions  is  good ;  and  it  seems  he  may  avail  himself 
of  it  upon  the  trial  without  having  submitted  it  as  a  claim  to  the  accounting  officers  of  the  treasury. 
Ibid. 

It  is  the  dutv  of  the  marshal  of  a  court  of  the  United  States,  to  execute  all  process  which  may  be  placed 
in  his  hands ;  bot  he  performs  this  duty  at  his  peril,  and  under  the  guidance  of  law.  He  must,  of  coarse, 
exercise  some  judgment  in  the  performance.  Shonld  he  fail  to  obejr  the  exigit  of  the  writ  without  a  legal 
excuse,  or  should  he  in  its  letter  violate  the  righu  of  others,  he  is  liable  to  the  action  of  the  injured 
party.    Life  and  Fire  Ins.  Co.  of  New  York  v.  Adams,  9  Peters,  573. 

The  marshal  makes  distribution  of  proceeds  of  prize  sales  in  his  hands,  at  his  peril ;  and  on  his  mis- 
payment  a  libel  lies  against  him.  For  safety  the  marshal  shonld  obtain  the  order  of  the  court,  which 
ought  not  to  be  made  without  previous  measares  guarding  against  fVaod,  and  providing  for  latent  daima. 
Kcer.c  ct  al.  v.  The  Gloucester,  2  Dallas,  36. 


NINTH  CONGRESS.    Sbss.  I.  Ch.  21.    1806.  873 

fliven,  or  which  may  hereafter  be  ffiven  by  the  marshal  of  any  district,  filed  in  the  or. 

n>r  the  faithful  performance  of  the  duties  of  his  office,  shall  be  filed  and  ^S^^^*  ^^^^ 

recorded  in  the  office  of  the  derk  of  the  district  court  or  circuit  court,  <>' "»««o"rt,fcc. 
sitting  within  the  disUict  for  which  such  marshal  shall  have  been  ap- 
pointed, and  copies  thereof,  certified  by  the  clerk,  under  the  seal  of  the 
said  court,  shall  be  competent  evidence  in  any  court  of  justice. 

Sec.  2.  And  be  ii  fwrther  enacted,  That  it  shall  be  lawful,  in  case  of  Saiu  may  be 

the  breach  of  the  condition  of  any  such  bond,  for  any  person,  persons,  in«titatedontbe 

or  body  politic,  thereby  injured,  to  institute  a  suit  upon  such  bond,  in  condluon'of  the 

the  name  and  for  the  sole  use  of  such  party,  and  thereupon  to  recover  bond,  Iec. 

The  manhal  ii  bomid  to  aerre  a  aabpaana  in  chancery  as  aoon  aa  he  reaaonablj  can;  and  he  wUI,  in 
eaae  of  neglect,  be  aniwerable  to  the  complainant,  who  maj  haTe  austained  a  loss  in  conaequence  of  hia 
neglect.    Kennedy  v.  Brent,  6  Cranch,  187 ;  S  Cond.  Rep.  345. 

The  court  will  not  dictate  to  the  marihal  what  return  ne  shall  make  to  process  in  his  handa ;  he  must 
return  it  at  his  peril ;  and  any  person  injured  by  it,  may  hare  his  legal  remedy  for  the  return.  Wortman 
9.  Conyngham,  Peters'  C.  C.  R.  341. 

The  return  of  the  marshal  to  a  writ,  cannot  be  traversed  in  an  action  between  the  parties  to  the  suit 
in  which  the  writ  issued.    Wilson  o.  The  Executor  of  Hurst,  Peters'  C.  C.  R.  441. 

An  officer  of  the  United  States,  who  has  levied  a  sum  of  money  on  an  execution  in  favour  of  the 
United  States,  to  whom  the  United  States  are  indebted  for  feea  of  office  in  a  sum  greater  than  the  amount 
of  the  execution,  has  a  right  to  retain  it  by  way  of  set-off;  and  on  a  motion  made  on  the  part  of  tho 
United  States  to  commit  the  officer  for  failure  to  pay  over  the  money  so  levied,  he  will  be  permitted  to 
show  that  the  United  Statea  are  indebted  to  him :  and  if  this  be  shown,  it  is  sufficient  cause  why  he 
ahonld  not  be  attached.    United  States  o.  Mann,  S  Brockenb.  C.  C.  R.  9. 

A  marshal  is  liable  upon  his  official  bond,  for  the  fiulure  of  hia  deputv  to  aerve  original  process ;  but 
the  measure  of  his  liability  is  the  extent  of  the  injury  received  by  the  plaintiff,  produced  by  such  negli- 
gence. If  the  loss  of  the  debt  be  the  direct  legal  consequence  of  the  ikilure  to  serve  the  process,  the 
amount  of  die  debt  is  the  measure  of  damage ;  but  the  mere  failure  to  execute  the  process,  does  not,  in 
itself,  necessarily  infer  the  loss  of  the  debt  to  the  plaintiff,  by  the  negligence  of  the  officer,  because  the 
pontiff  miffbt  sue  out  other  process,  on  the  failure  of  the  officer  to  execute  the  first  process.  The 
onestion,  whether  the  loss  of  the  debt  was  or  was  not  the  direct  legal  consequence  of  the  negligence  of 
toe  officer,  is  a  question  of  fkct,  depending  on  circumstances,  of  which  the  jury  must  judge.  United 
States  V.  Moore's  Administrators,  2  Brockenb.  C.  C.  R.  317. 

Where  a  writ  of  capias  ad  respondendum,  comes  to  the  handa  of  a  deputy  marshal,  who  arresta  the 
debtor,  and  the  debtor  thereupon  paya  to  the  deputy  the  amount  of  the  debt  for  which  he  was  sued,  and 
the  officer  dischaiiges  the  debtor  from  custody,  and  retuma  the  writ,  **  debt  and  costa  satisfied,"  this  is 
not  an  official  act  which  binda  his  principal.  The  deputy  marshal  is  a  mere  ministerial  officer,  and  he 
has  no  right  to  adjust  the  debt,  ana  make  himself  responsible  to  the  plaintiff.  He  ia  bound  to  pursue  the 
mandate  of  the  writ,  and  that  requires  him  to  arrest  the  debtor,  and  take  bail.  The  discharge  of  tho 
debtor  from  custody,  without  taking  bail,  is  indeed  a  misfeaaance  in  office,  for  which  hia  principal,  the 
marshal,  is  responsible;  but  he  is  only  responsible  for  the  injury  done  to  the  plaintiff.  The  return  of  the 
deputy,  shovrs  that  no  bail  waa  taken  ;  ana  if  by  taking  out  other  proceas,  the  plaintiff  could  have  secured 
his  debt,  which  is  a  fkct  to  be  determined  by  the  jury ;  the  loas  of  the  debt  to  the  plaintiff,  is  not  the 
necessary  legal  consequence  of  the  conduct  of  the  deputy,  and  no  injury,  in  a  legal  sense,  is  done  to  the 
plaintiff  thereby.    /Md. 

Where  a  decree  directa  an  officer  of  the  court  to  sell  property,  **  and  bring  the  proceeds  of  sale  into 
court,"  and  the  sale  is  on  a  credit  of  one,  two,  and  three  years,  and  bonds  are  given  for  the  payment  of 
the  instalmenta,  these  bonds  are  the  immediate  proceeds  of  sale.  As  a  matter  of  convenience,  they 
may  be  permitted  to  remain  in  the  hands  of  the  officer ;  but  as  matter  of  strict  right,  the  creditor  may 
require  that  they  ahall  be  brought  into  court.  Wallis  e.  Thornton's  Administrators  et  al.  S  Brockenb. 
C.  C.  R.  422. 

Where  bonds  are  made  payable  to  the  marshal  of  a  court,  he  has  a  right  to  collect  them.  In  such 
case,  the  marshal  must  be  considered  as  a  trustee  for  the  creditor.  Query.  Whether  the  direction  to 
take  bond  implies,  that  it  shall  bo  taken  to  the  marshal,  rather  than  to  the  creditor?  Where  bonds  are 
taken,  not  to  the  marshal  and  his  successors,  but  to  J.  P.,  marshal,  fcc.,  his  executors,  administrators, 
and  assigns,  could  his  successor,  in  the  event  of  the  marshal  being  changed  before  the  money  is  paid, 
act  on  these  bonds  without  an  assignment  T    /Md. 

By  the  69th  section  of  the  collection  act  of  1799,  ch.  22,  the  goods  or  merchandise  seised  under  that 
act,  are  to  be  put  into  custody  of  the  collector,  or  such  other  persons  as  he  may  appoint  for  that  purpose, 
no  longer  than  until  the  proper  proceedings  are  instituted  under  the  89th  section  of  the  same  act,  to 
ascertain  whether  they  are  forfeited  or  not ;  and  as  soon  as  the  marshal  seises  the  goods  under  the  pro. 
per  process  of  the  court,  the  marshal  is  entitled  to  the  sole  and  excluaive  custody  thereof,  subject  to  the 
future  orders  of  the  court.    Ex  parte  Jesse  Hoyt,  Collector  of  the  Port  of  New  York,  13  Peters,  279. 

By  the  statute  of  Ifidiana,  the  marshal  on  a  replevy  bond  ia  required  to  take  one  or  more  sufficient  free- 
hold securities,  and  if  freehold  security  be  not  taken,  the  marshal  is  liable.  Bispham  o.  Taylor,  2  M* Lean's 
C.  C.  R.  3M. 

If  the  sureties  be  not  freeholders,  however  ample  at  the  time  they  may  have  been  considered,  the 
marshal  is  liable.    In  this  respect  the  statute  must  be  pursued.    Ihid. 

To  examine  the  county  records,  is  not  an  unreasonable  duty  on  the  marshal.    Md. 

Where  the  marshal  takes  insufficient  bail  for  the  appearance  of  a  defendant,  he  is  only  answerable  for 
the  actual  injuij  sustained  bv  the  plaintiff.  In  such  a  case  the  insolvency  of  the  defendant  may  be  shown 
in  mitigation  of'^ damages.    IHA. 

But  where  a  Judgment  is  replevied,  good  freehold  security  must  be  taken  for  the  payment  of  the  judg- 
ment.   If  insufficient  security  be  taken,  the  marshal  is  liable.    JMd. 

31 


374 


NINTH  CONGRESS.    Sebs.  I.  Ch.  22.     1606. 


Execution! 
may    issue    on 
judgments,  flee. 


Bonds  to  re. 
main  as  a  secu- 
rity on  judg- 
ments ren<!ered, 
&c. 


Within  what 
period  suits  are 
to  be  commen- 
ced, &c. 


Saving  of  the 
righU  of  infanta, 
&c. 


Statute  I. 


such  damages,  as  shall  be  legally  assessed,  with  costs  of  sait;  for  which 
execution  may  issue  for  such  party  in  due  form,  and  in  case  such  party 
shall  fail  to  reco?er  in  the  suit,  judgment  shall  be  rendered  and  execu- 
tion may  issue  for  costs  in  favour  of  the  defendant  or  defendants  against 
the  party  who  shall  have  instituted  the  suit ;  and  the  United  States  shall 
in  no  case  be  liable  for  the  same. 

Sec.  3.  And  be  it  further  enacted.  That  the  said  bonds  shall,  after 
any  judgment  or  judgments  rendered  thereon,  remain  as  a  security,  for 
the  benefit  of  any  person,  persons,  or  body  politic,  injured  by  breach  of 
the  condition  of  the  same,  until  the  whole  penalty  shall  have  been  reco- 
vered ;  and  the  proceedings  shall  be  always  in  the  same  manner,  and  as- 
herein  before  directed. 

Sec.  4.  And  be  it  further  enacted,  That  all  suits  on  marshals'  bonds, 
if  the  right  of  action  has  already  accrued,  shall  be  commenced  and  pro- 
secuted within  three  years  afler  the  passage  of  this  act,  and  not  after- 
wards. And  all  such  suits,  in  case  the  right  of  action  shall  accrue  here- 
after, shall  be  commenced  and  prosecuted  within  six  years  after  the  said 
right  of  action  shall  have  accrued,  and  not  afterwards ;  saving,  neverthe- 
less, the  rights  oT  inhnts,  feme  coverts,  and  persons  non  compos  mentis,  90 
that  they  sue  within  three  years  after  their  disabilities  are  removed. 

Approved,  April  10,  1806. 


April  10,  1806. 


Foreign  gold 
and  silver  coins 
to  be  current  in 
the  U.  S.  at  the 
following  rates : 


Coins  and  rates. 


Chap.  XXII. — Jin  Jict  regulating  the  currtnty  of  foreign  coins  in  the  United 

State8.{a) 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  from  and  ailer  the  pa»- 
sage  of  this  act,  foreign  gold  and  silver  coins  shall  pass  current  as  money 
within  the  United  States,  and  be  a  legal  tender  for  the  payment  of  all 
debts  and  demands,  at  the  several  and  respective  rates  following,  and  not 
otherwise,  viz : 

The  gold  coins  of  Great  Britain  and  Portugal,  of  their  present  stan- 
dard, at  the  rate  of  one  hundred  cents,  for  every  twenty-seven  grains  of 
the  actual  weight  thereof;  the  gold  coins  of  France,  Spain,  and  the 
dominions  of  Spain,  of  their  present  standard,  at  the  rate  of  one  hun- 
dred cents,  for  every  twenty-seven  grains  and  two-fifths  of  a  grain,  of 
the  actual  weight  thereof.  Spanish  milled  dollars,  at  the  rate  of  one 
hundred  cents  for  each,  the  actual  weight  whereof  shall  not  be  less  than 
seventeen  pennyweights  and  seven  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  shall  not  be  less 
than  eighteen  pennyweights  and  seventeen  grains,  and  in  proportion  for 
the  parts  of  a  crown.  And  it  shall  be  the  duty  of  the  Secretary  of  the 
Treasury,  to  cause  assays  of  the  foreign  gold  and  silver  coins  made  cur- 
rent by  this  act,  to  be  had  at  the  mint  of  the  United  States,  at  least  once 
in  every  year,  and  to  make  report  of  the  result  thereof  to  Congress,  for 
the  purpose  of  enabling  them  to  make  such  alterations  in  this  act,  as 
may  become  requisite,  from  the  real  standard  value  of  such  foreign  coins. 
And  it  shall  be  the  duty  of  the  Secretary  of  the  Treasury,  to  cause  assays 
of  the  foreign  gold  and  silver  coins  of  the  description  made  current  by 
this  act,  which  shall  issue  subsequently  to  the  passage  of  this  act,  and 
shall  circulate  in  the  United  States,  at  the  mint  aforesaid,  at  least  once 
in  every  year,  and  to  make  report  of  the  result  thereof  to  Congress,  for 
the  purpose  of  enabling  Congress  to  make  such  coins  current,  if  they 
shall  deem  the  same  to  be  proper,  at  their  real  standard  value. 

(a)  See  act  of  August  4,  1790,  sec.  39,  vol.  t.  167. 

An  act  relathre  to  the  rix  dollar  of  Denmark,  March  3,  1791,  chap.  19,  vol.  i.  S16. 
An  act  regulating  foreign  coins,  and  for  other  purposes,  February  9,  1793,  vol.  i.  300. 
An  act  supplementary  to  «  an  act  regulating  foreign  coins,  nnd  K>r  other  purposes,*'  February  1, 1798, 
chap.  1 1,  vol.  i.  639. 
An  act  to  regulate  the  duties  on  imports  and  tonnage,  March  S,  1799,  chnp.  22,  tec.  61,  vol.  i.  673. 


Secretary  of 
the  Treasury  to 
cause  assays  of 
the  foreign 
coins,  &c.  to  be 
had  at  the  mint, 
&c.  and  to  make 
report  of  the 
result  to  Con- 
gress. 


NINTH  CONGRESS.    Sess.  I.  Ch.  23, 24.     1806. 


a75 


Sec.  2.  And  be  it  further  enacted,  That  the  first  sectidn  of  the  act, 
intituled  "An  act  regulating  foreign  coins,  and  for  other  purposes," 
passed  the  ninth  day  of  February,  one  thousand  seven  hundred  and 
ninety-three,  be,  and  the  same  is  hereby  repealed.  And  the  operation 
of  the  second  section  of  the  same  act  shall  be,  and  is  hereby  suspended 
for,  and  during  the  space  of,  three  years  from  the  passage  of  this  act 

Approved,  April  10,  1806. 


Chap.  XXIIL— «^n  Jet  to  regulate  and  fix  the  eompenaations  of  the  (fficen  of  the 
Senate  and  House  of  jRepresentatives. 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  officers  of  the 
Senate  and  House  of  Representatives  herein  after  mentioned,  shall  be, 
and  hereby  are  entitled  to  receive,  in  lieu  of  their  compensations  fixed 
by  law,  the  following  sums,  that  is  to  say :  The  secretary  of  the  Senate, 
and  clerk  of  the  House  of  Representatives,  two  thousand  dollars  each ; 
their  principal  clerks,  one  thousand  three  hundred  dollars  each ;  and 
each  of  their  engrossing  clerks,  one  thousand  dollars  per  annum. 

Sec.  2.  And  be  it  further  enacted,  That  the  sergeant  at  arms  of  the 
Senate,  who  also  performs  the  duty  of  a  doorkeeper,  the  sergeant  at  arms, 
and  the  doorkeeper  of  the  House  of  Representatives,  shall  be,  and  they 
wte  hereby  entitled  to  receive,  nine  hundred  and  fifty  dollars  per  annum, 
each ;  and  that  the  assistant  doorkeeper  of  the  Senate,  and  the  assistant 
doorkeeper  of  the  House  of  Representatives,  shall  be,  and  they  are 
hereby  entitled  to  receive  nine  hundred  dollars,  per  annum,  each. 

Sec.  3.  And  be  it  further  enacted,  That  any  appropriation  which  shall 
be  made  by  the  Senate,  or  House  of  Representatives,  out  of  the  con- 
tingent fund  of  either  house,  towards  the  compensation  of  any  of  the 
officers  of  the  Senate,  or  House  of  Representatives,  shall  be  taken  and 
considered  as  a  part  of  the  salary  allowed  by  this  act. 

Sec.  4.  And  be  it  further  enacted.  That  the  compensations  provided 
for  in  this  act,  shall  commence  and  take  effect  from  and  after  the  thirty- 
first  day  of  March,  one  thousand  eight  hundred  and  six. 

Sec.  6.  .And  be  it  further  enacted.  That  the  act  intituled  "  An  act  to 
regulate  and  fix  the  compensations  of  the  officers  of  the  Senate  and 
House  of  Representatives,''  passed  on  the  twenty-ninth*  of  April,  one 
thousand  eight  hundred  and  two,  shall,  from  and  after  the  thirty-first  of 
March,  one  thousand  eight  hundred  and  six,  be,  and  the  same  is  hereby 
repealed. 

Approved,  April  10,  1806. 


Part  of  a  for- 
mer section  re- 
pealed. 

Vol.  I.  300. 

Operation  of 
the  other  sec- 
tion saspended. 


Statvtx  I. 

April  10,  1806. 

[Obsolete.] 
Compensations. 


Compensations 
to  the  sergesnts 
at  arms  of  the 
Senate  snd 
Hoase  ofReprc- 
sentatives. 


Appropriations 
out  of  the  con- 
tingent fund  of 
either  house,  to 
be  taken  as  part 
of  the  salary. 

Time  at  which 
the  compensa- 
tions are  to  com- 
mence. 

llepeal  of  a 
former  act. 

Act  of  April 
S9,1802,ch.3o. 


Statute  I. 


Chap.  XXIV. — Jn  Ad  directing  the  Secretary  cf  the  Treasury  to  cause  the  coast     April  10, 1806. 
of  North  Carolina,  between  Cape  Hatieras  and  Cape  Fear,  to  be  surveyed*  

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  the  Secretary  of  the 
Treasury  be,  and  he  is  hereby  directed,  to  cause  the  coast  of  North 
Carolina  to  be  correctly  surveyed,  between  Cape  Hatteras  and  Cape 
Fear ;  together  with  the  shoals  lying  oflf  and  between  these  respective 
capes,  or  head  lands,  and  to  report  at  the  next  session  of  Congress  on 
the  practicability  of  erecting  a  lighthouse,  lighted  beacon  or  buoy,  on 
or  near  the  extreme  point  of  these  shoals,  or  either  of  them.  And  the 
sum  of  five  thousand  dollars  is  hereby  appropriated  for  the  purpose  of 
defraying  any  expense  which  may  be  incurred  in  making  such  survey, 
to  be  paid  out  of  any  money  in  the  treasury^  not  otherwise  appropriated. 

Approved,  April  10,  1806. 


Secretary  of 
the  Treasury  to 
cause  the  coast 
of  N.  Carolina 
to  be  surveyed, 
to  report  to 
Congress  on  the 
practicability  of 
erecting  a  light- 
house. 

Appropriation. 


S78 


NINTH  CONGRESS.    Sess.  I.  Ch.  26,  28.     1806. 


Claimants  or 
penaioni  under 
powers  of  attor- 
ney,  to  take  an 
oath  that  they 
have  not  been 
sold  or  trans- 
ferred. 


Former  laws 
respecting  pen. 
sioners  under 
disabilities  from 
the  war,  repeal- 
ed. 

Proviso. 


Duration    of 
this  act. 


Proviso. 


every  person  claiming  such  pension  or  any  part  thereof,  under  power  of 
attorney  or  substitution,  shal],  before  the  same  is  paid,  make  oath  or 
affirmation,  before  some  magistrate,  legally  authorized  to  take  the  same, 
a  copy  of  which,  attested  by  said  magistrate,  shall  be  lodged  with  the 
person  who  pays  said  pension ;  that  such  power  or  substitution  is  not 
given  by  reason  of  any  transfer  of  such  pension,  or  part  thereof.  And 
any  person  who  shall  swear  or  affirm  falsely  in  the  premises,  and  be 
thereof  convicted,  shall  suffer  as  for  wilful  and  corrupt  perjury. 

Sec.  9.  And  be  it  fitrther  enacted,  That  all  laws  of  the  United  States 
heretofore  passed,  so  far  as  they  authorize  persons  to  be  placed  on  the 
pension  list  of  the  United  States,  for,  and  in  consequence  of,  disabilities 
derived  from  known  wounds  received  in  the  revolutionary  war,  shall  be, 
and  they  are  hereby  repealed  :  Provided,  that  nothing  in  this  repealing 
clause  shall  injure,  or  in  any  way  affect  those  persons  already  upon  the 
pension  list  of  the  United  States;  and  that  the  secretary  for  the  depart- 
ment of  war  shall  proceed  upon  the  testimony  which  has  been  tran»- 
mitted  to  him  by  any  claimant,  before  the  passage  of  this  act,  in  the 
same  manner  as  though  this  act  had  never  passed. 

Sec.  10.  And  be  ii  further  enacted.  That  this  act,  so  far  as  it  autho- 
rizes the  admission  of  persons  upon  the  pension  list  of  the  United  States, 
shall  remain  in  force  for  and  during  the  space  of  six  years  from  the  pas- 
sage thereof,  and  no  longer:  Provided,  that  this  limitation  shall  not 
aTOct  or  impair  the  right  of  any  invalid  who  may  have  completed  his 
testimony  in  the  manner  prescribed  by  this  act  before  this  limitation 
commences  its  operation,  but  which  has  not  been  transmitted  to  the 
secretary  for  the  department  of  war. 

Approved,  April  10,  1806. 


Statute  I. 


April  16, 1806.    Chap.  XXVI. — Jin  Jlei  to  authorize  the  Secretary  ff  War  to  imte  land  war' 

rants  f  and  for  other  purpoeee. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  the  Secretary  of  War 
be  authorized  to  issue  military  land  warrants,  to  such  persons  as  have  or 
shall,  before  the  first  day  of  March,  one  thousand  eight  hundred  and 
eight,  produce  to  him  satisfactory  evidence  of  the  validity  of  their 
claims ;  which  warrants,  with  those  heretofore  issued,  and  not  yet  satis- 
fied, shall,  and  may  be  located  in  the  names  of  the  holders  or  proprietors 
thereof,  at  any  time  prior  to  the  first  day  of  October,  one  thousand  eight 
hundred  and  eight,  on  any  unlocated  parts  of  the  fifty  quarter  townships, 
and  the  fractional  quarter  townships,  reserved  by  law,  for  original  holders 
of  military  land  warrants. 

Sec.  2.  And  be  it  further  enacted,  That  it  shall  be  the  duty  of  the 
surveyor-general,  under  the  direction  of  the  Secretary  of  the  Treasury, 
to  cause  to  be  surveyed  so  much  of  the  fifty  quarter  townships,  and  the 
fractional  quarter  townships  aforesaid,  as  have  been,  or  hereafter  may 
be  located  according  to  law,  in  conformity  with  the  locations  made  on 
the  plats  of  the  said  quarter  townships :  Provided,  the  whole  expense 
of  surveying  the  same  shall  not  exceed  three  dollars  for  every  mile 
actually  surveyed. 

Approved,  April  15,  1806. 


Act  of  March 
21, 1806,  ch.  37. 

Act  of  Dec. 
19,  1809,  oh.  3. 

Secretary    of 
War  authorised 
to  issue   land 
warrants. 

Within  what 
time  those  war- 
rants may  be  lo- 
cated. 


Sunreyor-ge- 
neral  to  cause 
surveys  to  be 
made  of  the 
quarter  town- 
ships. 


Statute  I. 
April  15,  1806. 


Chap.  XXVIII ^n  Jld  to  suspend  the  aale  of  certain  hnd$  in  the  state  if  Ohio^ 

and  the  Indiana  territory, {a) 

^      ,.      «r        Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
the  SSt?h  condi.   States  of  America  in  Congress  assembled.  That  the  operaUon  of  the 

(a)  See  note  to  act  of  May  18,  1796,  chap.  30,  toI.  i.  464. 


NINl'H  CONGRESS.    Sess.  I.  Ch.  29.     1806. 


870 


ttxth  condition  of  the  fiflh  section  of  the  act,   intituled  "An  act  to  tion  of  the  Sth 

amend  the  act,  intituled  An  act  providing  for  the  sale  of  the  lands  of  "action  in  a  for- 

ibe  United  Sutes  northwest  of  the  Ohio,  and  above  the. mouth  of  Ken-  ^ndJd?  '"^ 

tucky  river,"  be,  and  the  same  is  hereby  suspended  until  the  first  day  of  igoo,  ch.  66. 

Octc^er  next,  in  favour  of  such  purchasers  of  lands  under  the  said  act,  la  faTour  of 

who  shall  exhibit  satisfactory  proof  to  the  register  and  receiver  of  public  ^^^^  •etden. 
monies  in  the  respective  districts  where  they  reside,  that  they  were 
actual  settlers  on  the  land  so  purchased,  at  the  time  of  passing  this  act. 
Approved,  April  15,  1806. 


Chap.  XXIX Jn  Jci  in  • 


Statute  L 
cf  etrtain  goodgj  toam  and   April  18, 1806. 


Be  it  enacted  by  the  Senate  and  House  of  Representatives  oftlte  United 
States  of  America  in  Congress  assemblea,  That  from  and  after  the  fif- 
teenth day  of  November  next,  it  shall  not  be  lawful  to  import  into  the 
United  States,  or  the  territories  thereof,  from  any  port  or  place  situated 
in  Great  Britain  or  Ireland,  or  in  any  of  tlie  colonies  or  dependencies 
of  Great  Britain,  any  goods,  wares  or  merchandise,  of  the  following  de- 
scription, that  is  to  say : 

All  articles  of  which  leather  is  the  material  of  chief  value. 

All  articles  of  which  silk  is  the  material  of  chief  value. 

All  articles  of  which  hemp  or  flax  is  the  material  of  chief  value. 

All  articles  of  which  tin  or  brass  is  the  material  of  chief  value,  tin 
in  sheets  excepted ;  wooUen  cloths  whose  invoice  prices  shall  exceed  five 
shillings  sterling  per  square  yard ;  woollen  hosiery  of  all  kinds ;  window 
glass,  and  all  oUier  manufactures  of  glass ;  silver  and  plated  wares ;  pap 
per  of  every  description ;  nails  and  spikes ;  hats ;  clothing  ready  made ; 
millinery  of  all  kinds ;  playing  cards;  beer,  ale  and  porter ;  and  pictures 
and  prints. 

Nor  shaU  it  be  lawful  to  import  into  the  United  States,  or  the  terri- 
tories thereof,  from  any  foreign  port  or  place  whatever,  any  of  the  abov^ 
mentioned  goods,  wares  or  merchandise,  being  of  the  growth,  produce 
or  manufacture  of  Great  Britain  or  Ireland,  or  any  of  the  colonies  or 
dependencies  of  Great  Britain:  Provided  however,  that  no  articles  which 
shall  within  fifteen  months  after  the  passing  of  this  act,  be  imported 
from  any  place  beyond  the  Cape  of  Good  Hope,  on  board  any  vessel 
cleared  out  before  the  passing  of  this  act,  from  any  port  within  the  United 
States  or  the  territories  thereof,  for  the  said  Cape  of  Good  Hope,  or  any 
place  beyond  the  same,  shall  be  subject  to  the  prohibition  aforesaid. 

Sec.  2.  And  be  it  further  enacted,  That  whenever  any  article  or 
articles,  the  importation  of  which  is  prohibited  by  this  act,  shall,  after 
the  said  fifteenth  day  of  November  next,  be  imported  into  the  United 
States,  or  the  territories  thereof,  contrary  to  the  true  intent  and  meaning 
of  this  act,  or  shall,  after  the  said  fifteenth  day  of  November  next,  be 
put  on  board  any  ship  or  vessel,  boat,  raft  or  carriage,  with  intention  of 
importing  the  same  into  the  United  States,  or  the  territories  thereof,  all 
such  articles,  as  well  as  all  other  articles  on  board  th^  same  ship  or  ves- 
sel, boat,  rail  or  carriage,  belonging  to  the  owner  of  such  prohibited 
articles,  shall  be  forfeited,  and  the  owner  thereof  shaU  moreover  forfeit 
and  pay  treble  the  value  of  such  articles. 

Sec.  3.  And  be  it  further  enacted.  That  if  any  article  or  articles, 
the  importation  of  which  is  prohibited  by  this  act,  shall,  after  the  said 
fifteenth  day  of  November  next,  be  put  on  board  any  ship  or  vessel,  boat, 
raft  or  carriage,  with  intention  to  import  the  same  into  the  United  States, 
or  the  territories  thereof,  contrary  to  the  true  intent  and  meaning  of 
this  act,  and  with  the  knowledge  of  the  owner  or  master  of  such  ship 
or  vessel,  boat,  raft  or  carriage,  such  ship  or  vessel,  boat,  raft  or  carriage, 


Act  of  March 
1,  1809,  ch.  24. 

Act  of  June 
28,  1809,  ch.  9. 
Importation  of 
certain  articles 
from  G.  Britain- 
and  it!  depend- 
encies inter- 
dicted^ 

Articles  pro- 
hibited. 


Being  of  the 
produce  or  ma- 
nufacture of  6. 
Britain,  Iec« 

Proviso  as  to 
ffoods  imported 
from  beyond  the 
Cape  of  Good 
Hope. 


Prohibited  ar- 
ticles   if  im- 
ported into  the 
U.   States  con- 
trary to  this  act, 
to  be  forfeited, 
together    with 
all  other  goods 
imported  in  the 
same   Tessel, 
and    belonging 
to  the    same 
owner. 


The  ship  or 
vessel  in  which 
such  prohibited 
articles  shall  be 
imported  or 
shipped  with  the 
knowledge  of 
the  owner,  lo  be 
also    forfeited ; 


380 


NINTH  CONGRESS.    Sess.  L  Cb.  29.    1906. 


and  treble  the 
Talue  of  the 
goods  to  be  like- 
wise  recovered. 
The  like  pe- 
naltiee  at  are 
umal  to  be  in- 
curred in  case 
of  the  omisaion 
of  the  interdict- 
ed goods  in  the 
permits  or  ma- 
nifests of  ves- 
sels arriving  in 
the  U.  SUtes. 


Powers  of 
search  now  con- 
fided to  the  cos- 
tom-hoQse  offi- 
cera  in  other 
cases  extended 
to  them  in  those 
under  this  act. 


Penalties  up- 
on persons  bajr- 
ing  goods  prohi' 
bated  by  tfats  act. 


Addition  to 
custom-house 
oath  of  the  cap. 
tains  or  masters 
of  vessels. 


Addition  to 
the  oath  of  im- 
porters, fcc. 


Penalties  and 

forfeitures  how 

to  be  sued  for 

and  recovered. 

1799,  ch.  33. 


shall  be  forfeited,  and  the  owner  and  master  thereof  shall  moreorer  each 
forfeit  and  pay  treble  the  value  of  sach  articles. 

Sec.  4.  And  be  it  further  enacted^  That  if  any  article  or  articles, 
the  importation  of  which  is  prohibited  by  this  act,  and  which  shall  never- 
theless be  on  board  any  ship  or  vessel,  boat,  rail  or  carriage,  arriving 
afler  the  said  fifteenth  day  of  November  next,  in  the  UnitcS  States,  or 
the  territories  thereof,  shall  be  omitted  in  the  manifest,  report  or  entry 
of  the  master,  or  the  person  having  the  charge  or  command  of  such 
ship  or  vessel,  boat,  raft  or  carriage,  or  shall  be  omitted  in  the  entry  of 
the  goods  owned  by  the  owner,  or  consigned  to  .the  consignee  of  such 
articles,  or  shall  be  imported,  or  landed,  or  attempted  to  be  imported  or 
landed,  without  a  permit,  the  same  penalties,  fines  and  forfeitures  shall 
be  incurred,  and  may  be  recovered,  as  in  the  case  of  similar  omission 
or  omissions,  landing,  importation,  or  attempt  to  land  or  import,  in 
relation  to  articles  liaue  to  duties  on  their  importation  into  the  United 
States. 

Sec.  5.  And  be  it  further  enacted.  That  every  collector,  naval  officer, 
surveyor,  or  other  officer  of  the  customs,  shall  have  the  like  power  and 
authority  to  seize  goods,  wares  and  merchandise  imported  contrary  to 
the  intent  and  meaning  of  this  act,  to  keep  the  same  in  custody  until 
it  shall  have  been  ascertained  whether  the  same  have  been  forfeited,  or 
not,  and  to  enter  any  ship  or  vessel,  dwelling-house,  store,  building  or 
other  place,  for  the  purpose  of  searching  for  and  seizing  any  such  gm>ds, 
wares  and  merchandise,  which  he  or  they  now  have  by  law,  in  relation 
to  goods,  wares  and  merchandise  subject  to  duty ;  and  if  any  person  or 
persons  shall  conceal  or  buy  any  goods,  wares  or  merchandise,  knowing 
them  to  be  liable  to  seizure  by  this  act,  such  person  or  persons  shall,  on 
conviction  thereof,  forfeit  and  pay  a  pum  double  the  amount  or  value  of 
the  goods,  wares  and  merchandise  so  concealed  or  purchased. 

Sec.  6.  And  be  it  further  enacted.  That  the  following  additions  shall 
be  inserted  to  the  oath  or  affirmation  taken  by  the  masters  or  persons 
having  the  charge  or  command  of  any  ship  or  vessel  arriving  at  any 
port  of  the  United  States,  or  the  territories  thereof,  afler  the  said  fifteenth 
day  of  November  next,  viz :  "  I  further  swear  (or  affirm)  that  there  are 
not  to  the  best  of  my  knowledge  and  belief  on  board  (insert  the  denomi- 
nation and  name  of  the  vessel)  any  goods,  wares  or  merchandise,  the 
importation  of  which  into  the  United  States,  or  the  territories  thereof, 
is  prohibited  by  law.  And  I  do  further  swear  (or  affirm)  that  if  I  shall 
hereafter  discover  or  know  of  any  such  goods,  wares  or  merchandise  on 
board  the  said  vessel,  or  which  shall  have  been  imported  in  the  same,  I 
will  immediately,  and  without  delay,  make  due  report  thereof  to  the  col- 
lector of  the  port  of  this  district.'' 

Sec.  7.  And  be  it  further  enacted.  That  the  following  addition  be 
inserted  after  the  saia  fifteenth  day  of  November  next,  to  the  oath  or 
affirmation  taken  by  importers,  consignees  or  agents,  at  the  time  of 
entering  g<>ods  imported  into  the  United  States,  or  the  territories  there- 
of, viz.  « I  also  swear  (or  affirm)  that  there  are  not  to  the  best  of  my 
knowledge  and  belief  amongst  the  said  goods,  wares  and  merchandise 
imported  or  consigned  as  aforesaid,  any  goods,  wares  or  merchandise, 
the  importation  of  which  into  the  United  States,  or  the  territories  there- 
of, is  prohibited  by  law.  And  I  do  further  swear  (or  affirm)  that  if 
I  shall  hereafter  discover  any  such  goods,  wares  or  merchandise,  amongst 
the  said  foods,  wares  and  merchandise,  imported  or  consigned  as  afore- 
said, I  Will  immediately,  and  without  delay,  report  the  same  to  the  col- 
lector of  this  district.** 

Sec  8.  And  be  it  further  enacted,  That  all  penalties  and  forfeitures 
arising  under  this  act  may  be  sued  for  and  recovered,  and  shall  be  dis- 
tributed and  accounted  for  in  the  manner  prescribed  by  the  act,  intituled 
"An  act  to  regulate  the  collection  of  duties  on  imports  and  tonnage:" 


NINTH  CONGRESS.    Sess.  I.  Ch.  30,  31.     1806. 


381 


and  sach  penalties  and  forfeitures  may  be  examined,  mitigated  or  re- 
mitted in  like  manner,  and  under  the  like  conditions,  regulations  and 
restrictions  as  are  prescribed,  authorized  and  directed  by  the  act,  inti- 
tuled **  An  act  to  provide  for  mitigating  or  remitting  the  forfeitures, 
penalties  and  disabilities  accruing  in  certain  cases  therein  mentioned." 
Approteo,  April  18, 1806. 


1797,  cb.  13. 


Statuts  I. 


Claimi  of  citl- 
sens  of  the  U. 
States  under  the 
Bordeanx  em- 
hargo  to  be  paid 
at  the  treasarjr. 


Chap.  XXX,^jSn  Jet  BuppkmenUxry  to  the  act  making  provision  for  the  pay*     April  18,  1808. 
ment  €f  ekdma  af  eitizem  of  the  United  States  on  the  government  rf  France.        

Be  it  enacted  by  the  Senate  and  House  of  R^mresentatives  of  the  Umted 
States  of  America  in  Congress  assembled^  That  the  Secretary  of'' the 
Treasury  shall  eatise  to  be  paid,  at  the  treasury  of  the  United  States, 
the  amount  of  certain  claims  of  citizens  of  the  United  States  against 
the  government  of  France,  arising  from  the  Bordeaux  embargo,  in  con- 
formity with  a  certified  list  of  liquidations,  attested  by  the  minister  of 
the  public  treasury  of  France,  and  transmitted  by  the  minister  plenipo- 
tentiary of  the  United  States,  at  Paris,  to  the  said  secretary;  which 
payments  shall  be  made  for  such  sums,  respectively,  as  are  stated  in  the 
above-mentionea  list  of  liquidations,  to  such  persons,  respectively,  as 
the  accounting  officers  of  the  treasury  shall  determine  to  be  rightfully 
entitled  to  the  same,  and  out  of  the  monies  heretofore  appropriated  for 
the  purpose  of  discharging  the  daims  of  citizens  of  the  United  States 
against  the  government  of  France,  the  payment  of  which  was  assumed 
by  the  government  of  the  United  States,  by  virtue  of  the  convention  of 
the  thirtieth  of  April,  one  thousand  eight  hundred  and  three. 

Approvsd,  April  18, 1806. 


Statute  I. 


A  line  eitab- 
Iltbed  for  de- 
finiDff  the  limita 
of  the  Tacant 
lands  of  the  U. 
8.  in  Tennessee. 

Courses  there- 
of. 


Chap.  XXXI. — Jn  Jet  to  authorize  the  state  of  Tennessee  to  issue  grants  and    April  18,  1806. 

petfeet  titles  to  certain  lands  therein  described^  and  to  settle  the  elmms  to  the    

vacant  and  unappropriaied  lands  within  the  same,(a) 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled^  That  for  the  purpose  of  defin- 
ing the  limits  of  the  vacant  and  unappropriated  lands  in  the  state  of 
Tennessee,  hereafter  to  be  subject  to  the  sole  and  entire  disposition  of 
the  United  States,  the  following  line  be,  and  hereby  is  established,  to 
wit :  beginning  at  the  place  where  the  eastern  or  main  branch  of  Elk 
river  shall  intersect  the  southern  boundary  line  of  the  state  of  Tennes^ 
see ;.  from  thence  running  due  north,  until  said  line  shall  intersect  the 
northern  or  main  branch  of  Duck  river ;  thence  down  the  waters  of 
Duck  river,  to  the  military  boundary  line,  as  established  by  the  seventh 
section  of  an  act  of  the  state  of  North  Carolina,  intituled  "  An  act  for 
the  relief  of  the  officers  and  soldiers  of  the  continental  line,  and  for 
other  purposes;"  (passed  in  the  year  one  thousand  seven  hundred  and 
eighty-three)  thence  with  the  military  boundary  line,  west  to  the  place 
where  it  intersects  the  Tennessee  river ;  thence  down  the  waters  of  the 
river  Tennessee,  to  the  place  where  the  same  intersects  the  northern 
boundary  line  of  the  state  of  Tennessee. 

(a)  The  state  of  North  Carolina,  by  her  act  of  cession  of  the  western  lands,  of  1789,  recited  in  the 
act  of  Congress  of  April  8,  1790,  chap.  6«  vol.  i.  page  106,  scceptins  that  cession,  and  bj  her  act  of 
1803,  chap.  3,  ceding  to  Tennessee  the  right  to  issue  grants,  has  parted  with  her  right  to  issue  grants  fur 
lands  within  the  state  of  Tennessee,  apon  entries  made  before  the  cession.  Burton's  lessee  o.  Williams, 
et  al.,  3  Wheat.  629 ;  4  Cond.  Rep.  316. 

Under  the  cession  act,  ratified  bj  the  act  of  Congress,  the  United  States  held  the  domain  of  the  vacant 
lands  in  Tennessee,  subject  to  the  right  which  North  Carolina  retained,  of  perfecting  the  inchoate  titles 
created  under  her  laws.    Ihid. 

But  it  seems  that  the  holder  of  such  a  grant  must  resort  to  the  equity  jurisdiction  of  the  United  States 
for  relief.    Ibid. 

After  the  cession  of  land  bj  North  Carolina  to  the  United  States,  the  former  had  no  right  to  gnint  those 
lands  to  any  grantee  who  had  not  an  incipient  title  before  the  cession.  Polk's  lessee  v.  Wendall,  9 
Cranch,  87 ;  3  Cond.  Rep.  386. 


NINTH  CONGRESS.     Sess.  I.  Cu.  31.     1806. 


Upon    relio- 
oisoment  of 
the  claim   of 
Tenneuoo  to 
certain  lands. 


a." 


The  U.  S.  to 
cede    to    that 
state  certain 
other  lands. 


Certain  entries, 
&c.  to  be  locat* 
ed  within  the 
territory  ceded 
to  the  sUte  of 
Tennessee. 


Lands  to  be 
appropriated  by 
thesUteofTen- 
uessee  for  the 
support  of  semi- 
naries and 
schools  of  learn- 
ing. 


Sec.  2.  And  be  it  further  enacted^  That  upon  the  senators  and  repre- 
sentatives from  the  state  of  Tennessee,  by  an  instrument  signed  and 
sealed  by  them  respectively,  making  known,  that  in  pursuance  of  the 
power  in  them  vested,  by  an  act  of  the  general  assembly  of  the  state  of 
Tennessee,  intituled  "  An  act  to  appoint  agents  to  settle  the  dispute 
between  this  state  and  the  United  States,  relative  to  the  vacant  and 
unappropriated  lands  within  this  state,  and  to  procure  the  relinquishment 
of  the  claim  of  the  United  States  to  the  same,"  and  by  a  resolution  of 
the  senate  and  house  of  representatives  of  the  said  state  of  Tennes- 
see, passed  in  the  year  one  thousand  eight  hundred  and  two,  as  instruc- 
tions therein ;  they  do,  for,  and  in  behalf  of  the  state  of  Tennessee, 
and  in  consideration  of  the  provisions  made  in  this  act,  agree  and 
declare,  that  all  right,  title,  and  claim,  which  the  state  of  Tennessee 
hath  to  the  lands  lying  west  and  south  of  the  line,  herein  before  estab- 
lished within  the  limits  of  the  state  of  Tennessee,  shall  thereafter  for 
ever  cease ;  and  that  the  lands  aforesaid  shall  be  and  remain  at  the  sole 
and  entire  disposition  of  the  United  States,  and  shall  be  exempted  from 
every  disposition  or  tax  made  by  order,  or  under  the  authority  of  the 
state  of  Tennessee,  while  the  same  shall  remain  the  property  of  the 
United  States,  and  for  the  term  of  five  years  after  the  same  shall  be 
sold ;  which  said  instrument  shall  be  approved  by  the  Senate  of  the 
United  States,  and  entered  at  large  in  their  journal,  and  deposited  in  the 
office  of  the  Secretary  of  State.  The  United  States  do  thereupon  cede 
and  convey  to  the  state  of  Tennessee,  all  right,  title  and  claim,  which 
the  United  States  have  to  the  territory  of  the  lands  lying  east  and  north 
of  the  line  herein  before  established,  within  the  limits  of  the  state  of 
Tennessee,  subject  to  the  same  conditions  as  are  contained  in  the  act 
of  the  general  assembly  of  the  state  of  North  Carolina,  intituled  "  An 
act  for  the  purpose  of  ceding  to  the  United  States  of  America,  certain 
western  lands  therein  described."  And  the  said  state  of  Tennessee 
shall  thereupon  have  as  full  power  and  authority  to  issue  grants  and 
perfect  titles  of  all  lands  lying  east  and  north  of  the  before  described 
line,  within  the  limits  of  the  said  state,  as  Congress  now  have,  or  the 
state  of  Tennessee  might  have,  by  virtue  of  an  act  of  the  state  of  North 
Carolina,  intituled  "  An  act  to  authorize  the  state  of  Tennessee  to  per- 
fect titles  to  lands  reserved  to  this  state  by  the  cession  act,"  to  which 
said  act  the  assent  of  Congress  is  hereby  given,  so  far  as  is  necessary 
to  carry  into  effect  the  objects  of  this  compact ;  subject  nevertheless  to 
the  following  express  conditions :  that  is  to  say. 

First.  That  all  entries  of  lands,  rights  of  location,  and  warrants  of 
surveys,  and  all  interfering  location^,  which  might  be  removed  by  the 
aforesaid  act  of  cession  of  the  state  of  North  Carolina,  and  which  are 
good  and  valid  in  law,  and  which  were  not  actually  located  west  and 
south  of  the  herein  before  described  line,  before  the  twenty-fifth  day  of 
February,  one  thousand  seven  hundred  and  ninety,  and  all  interfering 
grants  which  are  good  and  valid  in  law,  and  which  have  been  located 
east  and  north  of  the  said  line,  shall  be  located,  and  the  titles  thereto 
perfected,  within  the  territory  hereby  ceded  to  the  state  of  Tennessee. 

Secondly.  That  the  state  of  Tennessee  shall  appropriate  one  hun- 
dred thousand  acres,  which  shall  be  located  in  one  entire  tract,  within 
the  limits  of  the  lands  reserved  to  the  Cherokee  Indians,  by  an  act  of  the 
state  of  North  Carolina,  intituled  "An  act  for  opening  the  land-office  for 
the  redemption  of  specie  and  other  certificates,  and  discharging  the 
arrears  due  to  the  army,"  passed  in  the  year  one  thousand  seven  hun- 
dred and  eighty-three ;  and  shall  be  for  the  use  of  two  colleges,  one  in 
East,  and  one  in  West  Tennessee,  to  be  established  by  the  legislature 
thereof.  And  one  hundred  thousand  acres  in  one  tract  within  the  limits 
last  aforesaid,  for  the  use  of  academies ;  one  in  each  county  in  said  state 
to  be  established  by  the  legislature  thereof;  which  said  several  tracts 


NINTH  CONGRESS.    Sess.  I.  Ch.  32.     1806. 


383 


shall  be  located  on  lands  to  which  the  Indian  title  has  been  extinguished^ 
and  subject  to  the  disposition  of  the  legislature  of  the  state,  but  shall  not 
be  granted  or  sold  for  less  than  two  dollars  per  acre,  and  the  proceeds 
of  the  sales  of  the  lands  aforesaid,  shall  be  vested  in  funds  for  the  re- 
^ective  uses  aforesaid,  for  ever.  And  the  state  of  Tennessee  shall 
moreover,  in  issuing  grants  and  perfecting  titles,  locate  six  hundred  and 
forty  acres  to  every  six  miles  square  in  the  territory  hereby  ceded,  where 
existing  claims  wiU  allow  the  same,  which  shall  be  appropriated  for  the 
use  of  schools  for  the  instruction  of  children  for  ever :  Provided,  that 
nothing  contained  in  this  act  shall  be  construed  to  affect  the  Indian 
title,  or  to  subject  the  United  States  to  the  expense  of  extinguishing  the 
same.  And  provided  also,  that  the  lowest  price  of  all  lands  granted  or 
sold  within  the  ceded  territory,  shall  be  the  same,  as  shall  be  established 
by  Congress  for  the  lands  of  the  United  States :  And  provided  neverthe' 
less,  that  the  people  residing  in  said  state,  south  of  French  Broad  and 
Holston,  and  west  of  Big  Pigeon  rivers,  provided  for  by  the  constitution 
of  the  state  of  Tennessee,  shall  be  secured  in  their  respective  rights  of 
occupancy  and  pre-emption,  and  shall  receive  titles  for  such  quantities 
as  they  may  respectively  claim,  including  their  improvements,  not  ex- 
ceeding six  hundred  and  forty  acres  each,  nor  exceeding  the  quantities 
they  have  heretofore  claimed  respectively,  according  to  their  conditional 
lines,  where  such  have  been  established,  at  a  price  not  less  than  one 
dollar  per  acre.  And  provided  further,  that  nothing  herein  contained 
shall  be  construed  to  enable  any  person  or  persons,  until  authorized  by 
the  legislature  of  the  state  of  Tennessee,  to  locate  any  warrant  issued 
under  the  authority  of  the  state  of  North  Carolina,  within  the  limits  of 
the  lands  reserved  to  the  Cherokee  Indians,  by  the  fiflh  section  of  the 
act  of  said  state,  intituled  "An  act  for  opening  the  land-office  for  the 
redemption  of  specie  and  other  certificates,  and  discharging  the  arrears 
due  to  the  army,"  passed  in  the  year  one  thousand  seven  hundred  and 
eighty-three. 

Sec.  3.  And  he  it  further  enacted,  That  if  the  territory  herein  before 
ceded  to  the  state  of  Tennessee,  shall  not  contain  a  sufficient  quantity 
of  land  fit  for  cultivation,  according  to  the  true  intent  and  meaning  of 
the  original  act  of  cession,  including  the  lands  within  the  limits  reserved 
by  the  state  of  North  Carolina,  to  the  Cherokee  Indians,  to  perfect  all 
existing  legal  claims  charged  thereon  by  the  conditions  contained  in  this 
act  of  cession.  Congress  will  hereafler  provide  by  law  for  perfecting  such 
as  cannot  be  located  in  the  territory  aforesaid,  out  of  the  lands  lying 
west  or  south  of  the  before  described  line. 

Approved,  April  18,  1806. 


Chap.  XXXII. — An  Ad  authorizing  a  detachment  from  the  Militia  rf  the  United 

States. 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  President  of  the 
United  States  be,  and  he  is  hereby  authorized,  at  such  time  as  he  shall 
deem  necessary,  to  require  of  the  executives  of  the  several  states,  to  take 
effectual  measures  to  organize,  arm  and  equip,  according  to  law,  and 
hold  in  readiness  to  march  at  a  moment's  warning,  their  respective  pro- 
portions of  one  hundred  thousand  militia,  officers  included ;  to  be  ap- 
portioned by  the  President  of  the  United  States,  by  the  militia  returns 
of  the  last  year,  in  cases  where  such  returns  were  made,  and  in  cases 
where  such  returns  were  not  made  the  last  year,  by  such  other  data  as 
he  shall  judge  equitable. 

Sec.  2.  And  be  it  further  enacted.  That  the  President  may,  if  he 
shall  judge  it  expedient,  authorize  the  executives  of  the  several  states,  to 
accept,  as  part  of  the  said  detachment,  any  corps  of  volunteers,  who  shall 


Nothing   ia 
this  act  to  affect 
the  Indian  title. 

Prices  of  the 
land. 
Proviso. 


Proviso,  that 
this  act  shall 
not  affect  titles 
under  the  laws 
of  North  Caroli- 
na and  Tennes- 
see. 


If  the  territory 
hereby  ceded  to 
the  sute  of  Ten- 
nessee falls 
short,  the  defi. 
ciency  to  be 
made  np  else- 
where. 


Statute  I. 
April  IS,  1806. 

(Expired.] 
President  au- 
thorised to  call 
upon  the  execa 
tiTOs  ofthesev* 
eral  states  to 
have  their  pro- 
portions of  mi- 
litia ready  for 
immediate  ser- 
vice. 

Apportion- 
ment how  to  be 
made. 

1808,  ch.  39. 

President  may 

authorize  the 

acceptance    of 

volunt«»pr  corps. 


3S4 


NINTH  CONGRESS.    Sebs.  L  Ch.  33.    1800. 


How  the  mi- 
litia are  to  be 
officered. 

President  ap- 
portioning the 
general  officer*. 

Length  of  time 
which  the    mi- 
litia  may  be 
compelled  to 
verve. 

Their  pay,  kc. 

President  may 
call  into  service 
any  proportion 
of  the  deUch- 
ment. 


Appropriation. 


Act  of  Harch 
3,  1803,  ch.  33, 
repealed. 

1818,  ch.  66. 

Commence- 
ment and  dora- 
tion  of  this  act. 


STATim  I. 

April  18,  1806. 


Objects    of 
appropriation. 


Specific    ap- 
propriations. 


engage  to  continue  in  service  six  months  after  they  arrive  at  the  place 
of  rendezvous. 

Sec.  3.  And  be  it  further  enacted^  That  the  detachment  of  militia  and 
volunteers  aforesaid,  shall  be  officered  out  of  the  present  militia  officers, 
or  others,  at  the  option  and  direction  of  the  constitutional  autliority  in 
each  state,  respectively ;  the  President  of  the  United  States  apportioning 
the  general  officers  among  the  respective  states  as  he  may  deem  proper. 

Sec.  4.  And  he  it  further  enacted^  That  the  said  detachment  shall 
not  be  compelled  to  serve  a  longer  time  than  six  months  after  they  ar- 
rive at  the  place  of  rendezvous:  and  that  during  the  time  of  their 
service,  they  shall  be  entitled  to  the  same  pay,  rations  and  allowance  for 
clothing,  that  are  established  by  law,  as  the  pay,  rations  and  allowance 
for  clothing  of  the  army  of  the  United  States. 

Sec.  5.  And  he  itjwrther  enacted^  That  the  President  of  the  United 
States  be,  and  he  is  hereby  authorized  to  call  into  actual  service  any 
part,  or  the  whole  of  the  said  detachment,  when  he  shall  judge  the  exi- 
gencies of  the  United  States  require  it ;  if  a  part  of  the  said  detachment 
only  shall  be  called  into  actual  service,  they  ^hall  be  taken  from  such 
part  thereof  as  the  President  in  his  discretion  shall  deem  most  proper. 

Sec.  6.  And  he  it  further  enacted,  That  two  millions  of  dollars  be,  and 
are  hereby  appropriated,  out  of  any  money  in  the  treasury  not  otherwise 
appropriated,  for  the  pay  and  subsistence  of  such  part  of  the  said  detach- 
ment as  may  be  called  into  service. 

Sec.  7.  And  he  it  further  enacted^  That  an  act,  intituled  *'An  act 
directing  a  detachment  from  the  militia  of  the  United  States,  and  for 
erecting  certain  arsenals,"  approved  the  third  of  March,  one  thousand 
eight  hundred  and  three,  be,  and  the  same  is  hereby  repealed. 

Sec.  8.  And  he  it  further  enacted^  That  this  act  shall  continue,  and 
be  in  force  for  the  term  of  two  years  from  the  passing  thereof,  and  no 
longer. 

Appboved,  April  18, 1806. 


Chap.  XXXIII.— ^n  Jet  making  apprmniationa  for  the  tupport  cf  Gotfemment 
for  the  year  one  thousand  eight  hundred  and  nx» 

Be  it  enacts  hy  the  Senate  and  House  of  Rmesentatives  of  the  United 
States  of  America  in  Congress  assembled,  Ttiat  for  the  expenditure 
of  the  civil  list,  in  the  present  year,  including  the  contingent  expenses 
of  the  several  departments  and  officers ;  for  the  compensation  of  the 
several  loan  officers  and  their  clerks,  and  for  books  and  stationery  for 
the  same ;  for  the  payment  of  annuities  and  grants ;  for  the  support  of 
the  mint  establishment ;  for  the  expenses  of  intercourse  with  foreign 
nations ;  for  the  support  of  lighthouses,  beacons,  buoys,  and  public  piers; 
for  the  defraying  the  expenses  of  surveying  the  public  lands,  in  the  ter- 
ritories of  Indiana  and  Mississippi ;  and  for  satisfying  certain  miscella- 
neous claims ;  the  following  sums  be,  and  the  same  hereby  are  respec- 
tively appropriated,  that  is  to  say : 

For  compensations  granted  by  law  to  the  members  of  the  Senate  and 
House  of  Representatives,  their  officers  and  attendants,  estimated  for  a 
session  of  four  months  and  a  half  continuance,  two  hundred  thousand 
five  hundred  and  eighty-five  dollars. 

For  the  expense  of  firewood,  stationery,  printing,  and  all  other  con- 
tingent expenses  of  the  two  houses  of  Congress,  thirty-two  thousand 
dollars. 

For  all  contingent  expenses  of  the  library,  and  librarian's  allowance 
for  the  year  one  thousand  eight  hundred  and  six,  four  hundred  and  fifty 
doUars. 

For  compensation  to  the  President  and  Vice  President  of  the  United 
States,  thirty  thousand  dollars. 


NINTH  CONGRESS.    Sm.  I.  Ch.  33.    1806.  886 

For  compensation  to  the  Secretary  of  State,  clerks  and  persons  em-        8i>ediic  tp- 
ployed  in  that  department,  including  the  sum  of  twelve  hundred  dollars  proprUtioni, 
for  compensation  to  his  clerks,  in  addition  to  the  sum  allowed  by  the 
act  of  the  second  of  March,  one  thousand  seven  hundred  and  ninety-nine,       1799,  ch.  40. 
twelve  thousand  five  hundred  and  sixty  dollars. 

For  the  incidental  and  contingent  expenses  of  the  said  department, 
four  thousand  two  hundred  dollars. 

For  printing  and  distributing  copies  of  the  laws  of  the  first  session  of 
the  ninth  Congress,  and  printing  the  laws  in  newspapers,  eight  thousand 
two  hundred  and  fifty  dollars 

For  special  messengers  charged  with  despatches,  two  thousand  dollars. 

For  compensation  to  the  Secretary  of  the  Treasury,  clerks  and  per- 
sons employed  in  his  office,  including  those  engaged  on  the  business 
belonging  to  the  late  office  of  the  commissioner  of  the  revenue,  twelve 
thousand  three  hundred  dollars. 

For  the  expense  of  translating  foreign  languages,  allowance  to  the 
person  employed  in  receiving  and  transmitting  passports  and  sea  letters, 
stationery  and  printing,  one  thousand  dollars. 

For  compensation  to  the  comptroller  of  the  treasury,  clerks  and  per- 
sons employed  in  his  office,  twelve  thousand  nine  hundred  and  seventy- 
seven  dollars  and  eight  cents. 

For  expense  of  stationery,  printing,  and  incidental  and  contingent 
expenses  of  the  comptroller's  office,  eight  hundred  dollars. 

For  compensation  to  the  auditor  of  the  treasury,  clerks  and  persons 
employed  in  his  office,  twelve  thousand  two  hundred  and  twenty  dollars 
and  ninety-three  cents. 

For  expanse  of  stationery,  printing,  and  incidental  and  contingent 
expenses  in  the  office  of  the  auditor  of  the  treasury,  five  hundred  dollars. 

For  compensation  to  the  treasurer,  clerks  and  persons  employed  in 
his  office,  six  thousand  two  hundred  and  twenty-seven  dollars  and  forty- 
five  cents. 

For  expense  of  stationery,  printing,  and  incidental  and  contingent 
expenses*  in  the  treasurer's  office,  three  hundred  dollars. 

For  compensation  to  the  register  of  the  treasury,  clerks  and  persons 
employed  in  his  office,  sixteen  thousand  and  fifiy-two  dollars. 

For  expense  of  stationery  and  printing  in  the  register's  office,  (includ- 
ing books  for  the  public  stock  and  for  the  arrangement  of  the  marine 
papers,)  two  thousand  eight  hundred  dollars. 

For  compensation  to  the  secretary  of  the  commissioners  of  the  sink- 
ing fund,  two  hundred  and  fifty  dollars. 

For  compensation  to  the  clerks  employed  for  the  purpose  of  making 
drafls  of  the  several  surveys  of  land  in  the  territory  of  the  United  States, 
northwest  of  the  river  Ohio,  and  in  keeping  the  books  of  the  treasury  in 
relation  to  the  sales  of  lands  at  the  several  land-offices,  three  thousand 
four  hundred  dollars. 

For  fuel  and  other  contingent  expenses  of  the  treasury  department, 
four  thousand  doUars. 

For  defraying  the  expenses  incident  to  the  stating  and  printing  the 
public  accounts  for  the  year  one  thousand  eight  hundred  and  six,  one 
thousand  two  hundred  dollars. 

For  purchasing  books,  maps  and  charts,  for  the  use  of  the  treasury 
department,  four  hundred  dollars. 

For  compensation  to  a  superintendent  employed  to  secure  the  build- 
ings and  records  of  the  treasury,  during  the  year  one  thousand  eight 
hundred  and  six,  including  the  expense  of  two  watchmen,  and  for  the 
repair  of  two  fire  engines,  buckets,  lanterns,  and  other  incidental  ex- 
penses, one  thousand  five  hundred  dollars. 

For  compensation  to  the  Secretary  of  War,  clerks  and  persons  em- 
ployed in  his  office,  eleven  thousand  two  hundred  and  fifty  dollars. 

Vol.  TI.— 49  2  K 


NINTH  CONGRESS.    Sess.  I.  Ch.  33.    1806. 

Spaeifio  ap.        For  expense  of  fuel,  stationery,  printing,  and  other  contingent  ez- 
propriations.       penses  of  the  oflSce  of  the  Secretary  of  War,  one  thousand  dollars. 

For  compensation  to  the  accountant  of  the  war  department,  clerks 
and  persons  employed  in  his  office,  ten  thousand  nine  hundred  and  ten 
dollars. 

For  contingent  expenses  in  the  office  of  the  accountant  of  the  war 
department,  one  t)iousand  dollars. 

For  compensation  to  clerks  employed  in  the  paymaster's  office,  one 
thousand  eight  hundred  dollars. 

For  fuel  in  the  said  office,  ninety  dollars. 

For  compensation  to  the  purveyor  of  public  supplies,  clerks  and  per- 
1799,  ch.  40.  sons  employed  in  his  office,  including  a  sum  of  twelve  hundred  dollars, 
for  compensation  to  his  clerks,  in  addition  to  the  sum  allowed  by  the 
act  of  the  second  day  of  March,  one  thousand  seven  hundred  and  ninety- 
nine,  and  for  expense  of  stationery,  store  rent,  and  fuel,  for  the  said 
office,  four  thousand  six  hundred  dollars. 

For  expenses  incidental  to  the  removal  of  the  purveyor's  office  to 
Germantown,  during  the  prevalence  of  the  yellow  fever  in  Philadelphia, 
in  the  year  one  thousand  eight  hundred  and  five,  one  hundred  dollars. 

For  compensation  to  the  Secretary  of  the  Navy,  clerks  and  persons 
1799,  ch.  40.    employed  in  his  office,  including  the  sum  of  seven  hundred  dollars,  in 
addition  to  the  sum  of  four  thousand  two  hundred  dollars,  allowed  by 
the  act  of  the  second  of  March,  one  thousand  seven  hundred  and  ninety- 
nine,  nine  thousand  eight  hundred  and  ten  dollars. 

For  expense  of  fuel,  stationery,  printing,  and  other  contingent  ex- 
penses in  the  office  of  the  Secretary  of  the  Navy,  two  thousand  dollars. 

For  compensation  to  the  accountant  of  the  navy,  clerks  and  persons 
1799,  eh.  40.    employed  in  his  office,  including  the  sum  of  one  thousand  one  hundred 
dollars  for  compensation  to  his  clerks,  in  addition  to  the  sum  allowed  by 
the  act  of  the  second  of  March,  one  thousand  seven  hundred  and  ninety- 
nine,  ten  thousand  four  hundred  and  ten  dollars. 

For  contingent  expenses  in  the  office  of  the  accountant  of  the  navy, 
seven  hundred  and  fifty  dollars. 

For  compensation  to  the  Postmaster-General,  assistant  Postmaster- 
1799,  ch.  40.  General,  clerks,  and  persons  employed  in  the  Postmaster-General's 
office,  including  a  sum  of  four  thousand  five  hundred  and  ninety- 
five  dollars,  for  compensation  to  his  clerks,  in  addition  to  the  sum 
allowed  by  the  act  of  the  second  of  March,  one  thousand  seven  hun- 
dred and  ninety-nine,  thirteen  thousand  nine  hundred  and  fifty-five 
dollars. 

For  expense  of  fuel,  candles,  house  rent  for  the  messenger,  stationery, 
chests,  &,c.  exclusive  of  expenses  of  prosecution,  portmanteaus,  mail 
locks,  and  other  expenses  incident  to  the  department,  these  being  paid 
for  by  the  Postmaster-General,  out  of  the  funds  of  the  office,  two  thou- 
sand five  hundred  dollars. 

For  compensation  to  the  several  loan  officers,  thirteen  thousand  two 
hundred  and  fifty  dollars. 

For  expenses  incurred  by  removal  of  the  loan  office  from  New  York, 
during  the  prevalence  of  the  epidemic  fever  in  the  year  one  thousand 
eight  hundred  and  five,  one  hundred  dollars. 

For  expenses  incurred  by  removal  of  the  loan  office  from  Philadel- 
phia, during  the  prevalence  of  the  epidemic  fever,  in  the  year  one  thou- 
sand eight  hundred  and  five,  one  hundred  dollars. 

For  compensation  to  the  clerks  of  the  several  commissioners  of  loans, 
and  an  allowance  to  certain  loan  officers,  in  lieu  of  clerk  hire,  and  to 
defray  the  authorized  expenses  of  the  several  loan  offices,  thirteen  thou- 
sand dollars. 

For  defiraying  the  expense  of  clerk  hire  in  the  office  of  the  commis- 
sioner of  loans  of  the  state  of  Pennsylvania,  in  consequence  of  the 


NINTH  CONGRESS.    Sess.  I.  Cu.  33.     1806.  387 

removal  of  the  offices  of  the  treasury  department,  in  the  year  one  thou-      Spodfio  tp. 
sand  eight  hundred,  to  the  permanent  seat  of  government,  two  thousand  propriationi. 
dollars. 

For  compensation  to  the  surveyor-general,  and  the  clerks  employed 
by  him,  and  for  expense  of  stationery  and  other  contingencies  of  the 
surveyor-general's  office,  three  thousand  two  hundred  dollars. 

For  compensation  to  the  surveyor  of  the  lands  south  of  the  state  of 
Tennessee,  clerks  employed  in  his  office,  stationery  and  other  contin- 
gencies, three  thousand  two  hundred  dollars. 

For  compensation  to  the  officers  of  the  mint : 

The  director,  two  thousand  dollars. 

The  treasurer,  one  thousand  two  hundred  dollars. 

The  assayer,  one  thousand  five  hundred  dollars. 

The  chief  coiner,  one  thousand  five  hundred  dollars. 

The  mdter  and  refiner,  one  thousand  five  hundred  dollars. 

The  engraver,  one  thousand  two  hundred  dollars. 

One  clerk  at  seven  hundred  dollars. 

And  two  at  five  hundred  dollars  each. 

For  the  wages  of  persons  employed  in  the  different  branches  of 
melting,  coining,  carpenter's,  raill-wright's,  and  smith's  work,  mcluding 
the  sum  of  eight  hundred  dollars,  per  annum,  allowed  to  an  assistant 
coiner  and  die  forger,  who  also  oversees  the  execution  of  the  iron  work, 
six  thousand  two  hundred  dollars. 

For  the  repairs  of  furnaces,  cost  of  rollers  and  screws,  timber,  bar 
iron,  lead,  steel,  potash,  and  for  all  other  contingencies  of  the  mint, 
four  thousand  two  hundred  dollars. 

For  compensation  to  the  governor,  judges,  and  secretary  of  the  terri- 
tory of  Orleans,  including  the  sum  of  two  thousand  seven  hundred  and 
fifty  dollars,  for  the  salaries  from  the  first  of  October  to  the  thirty-first 
of  December,  one  thousand  eight  hundred  and  four,  fifteen  thousand 
seven  hundred  and  fifty  dollars. 

For  incidental  and  contingent  expenses  of  the  executive  offices  of 
the  said  territory,  including  Uie  sum  of  eight  hundred  and  fifty  dollars, 
a  deficiency  in  the  appropriation  for  one  thousand  eight  hundred  and 
five,  and  for  express  hire,  and  compensation  of  an  Indian  interpreter, 
three  thousand  seven  hundred  dollars. 

For  compensation  to  the  governor,  judges,  and  secretary  of  the  Mis- 
sissippi territory,  five  thousand  nine  hundred  and  fifty  dollars. 

For  expense  of  stationery,  office  rent,  and  other  contingent  expenses 
in  the  said  territory,  and  to  make  good  a  deficiency  in  the  appropria- 
tions for  the  years  one  thousand  eight  hundred  and  four,  and  one  thou- 
sand eight  hundred  and  five,  five  hundred  and  eighty-two  dollars  and 
fifty  cents. 

For  compensation  to  the  governor,  judges,  and  secretary  of  the  Indiana 
territory,  five  thousand  one  hundred  and  fifty  dollars. 

For  expenses  of  stationery,  office  rent,  and  other  contingent  expenses 
in  the  said  territory,  three  hundred  and  fifty  dollars. 

For  compensation  to  the  governor,  judges,  and  secretary  of  the  Michi- 
gan territory,  including  a  deficiency  of  two  thousand  five  hundred  and 
seventy-five  dollars,  in  the  appropriation  for  the  year  one  thousand  eight 
hundred  and  five,  for  the  support  of  the  said  government,  seven  thousand 
seven  hundred  and  twenty-five  dollars. 

For  expenses  of  stationery,  office  rent,  and  other  contingent  expenses 
in  the  said  territory,  including  the  sum  of  six  hundred  and  forty  dollars, 
to  defray  similar  expenses  and  others  attending  the  organization  of  the 
government  in  the  year  one  thousand  eight  hundred  and  five,  nine  hun- 
dred and  ninety  dollars. 

For  compensation  to  the  governor,  judges,  and  secretary  of  the  Lou- 
isiana territory,  including  a  deficiency  of  two  thousand  five  hundred  and 


NINTH  CONGRESS.    Sbss.  I.  Ch.  33.    1806. 

Specific  ap-   seyenty-five  dollarp  in  the  appropriation  lor  the  year  one  thousand  eight 
propriatioM.       hundred  and  five,  for  the  support  of  the  said  government,  seven  thou* 
sand  seven  hundred  and  twenty-five  dollars. 

For  expenses  of^tionery,  office  rent  and  other  continffent  expenses 
in  the  said  territory,  for  the  years  one  thousand  eight  hundred  and  five, 
and  one  thousand  eight  hundred  and  six,  five  hundred  and  twenty-five 
dollars. 

For  the  discharge  of  such  demands  against  the  United  States,  on 
account  of  the  civil  department^  not  otherwise  provided  for,  as  shall 
have  been  admitted  in  a  due  course  of  settlement  at  the  treasury,  and 
which  are  of  a  nature,  according  to  the  usage  thereof,  to  require  pay- 
ment in  specie,  two  thousand  dollars. 

For  additional  compensation  to  the  clerks  of  the  several  departments 
of  state,  treasury,  war,  and  navy,  and  of  the  general  posUoffice,  not 
1799,  ch.  40.  exceeding,  for  each  department  respectively,  fifteen  per  centum,  in  addi- 
tion to  t^  sums  allowed  by  the  act,  intituled  "  An  act  to  regulate  and 
fix  the  compensation  of  clerks,"  eleven  thousand  eight  hundred  and 
eighty-five  dollars. 

For  compensation  granted  by  law  to  the  chief  justice,  associate  judges, 
and  district  judges  of  the  United  States,  including  the  chief  justice,  and 
two  associate  judges  of  the  district  of  Columbia ;  to  the  attorney  |^ene- 
ral,  and  to  the  judge  of  the  district  of  Orleans,  including  a  deficiency 
in  the  appropriation  for  his  compensation  in  the  year  one  thousand  eight 
hundred  and  four,  fifty-«ix  thousand  four  hundred  dollars. 

For  the  like  compensation  granted  to  the  several  district  attorneys  of 
the  United  States,  Uiree  thousand  four  hundred  dollars. 

For  compensation  to  the  marshals  of  the  districts  of  Maine,  New 
Hampshire,  Vermont,  Kentucky,  Ohio,  East  and  West  Tennessee,  and 
Orleans,  one  thousand  six  hundred  dollars. 

For  defraying  the  expenses  of  the  supreme,  circuit,  and  district  courts 
of  the  United  States,  including  the  district  of  Columbia,  and  of  jurorv 
and  witnesses,  in  aid  of  the  funds  arising  firom  fines,  forfeitures,  and 
penalties,  and  likewise  for  defraying  the  expenses  of  prosecution  for 
offences  against  the  United  States,  and  for  safe  keeping  of  prisoners, 
forty  thousand  dollars. 

For  the  payment  of  sundry  pensions  granted  by  the  late  government, 
nine  hundred  doUars. 

For  the  payment  of  an  annpity  granted  to  the  children  of  the  late 
Cdond  John  Harding,  and  Major  Alexander  Trueman,  by  an  act  of 
Congress,  passed  the  fourteenth  of  May,  one  thousand  eight  hondred, 
six  hundred  dollars. 

For  the  payment  of  the  annual  allowance  to  the  invalid  pensioners  of 
the  United  States,  from  the  fifth  of  March  one  thousand  eight  hundred 
and  six,  to  the  fourth  of  March  one  thousand  eight  hundred  and  seven, 
ninety-eight  thousand  doUars. 

For  the  maintenance  and  support  of  lighthouses,  beacons,  buoys,  and 
public  piers,  and  stakeage  of  channels,  l>ars,  and  shoals,  and  certain 
contingent  expenses,  eighty-one  thousand  and  eighty-eight  dollars  and 
two  cents. 

For  the  payment  of  a  commission  of  two  and  a  half  per  cent  to  the 
commissioners  who  superintended  the  erection  of  pubhc  piers  in  the 
river  Delaware,  four  hundred  and  forty-eight  doUars  and  seventy-one 
cents. 

For  fixing  b^oys  in  Long  Island  sound,  in  addition  to  the  soma  here- 
tofore appropriated  for,  that  object,  one  thousand  three  hundred  and 
forty-two  dollars  and  thirty-four  cents. 

For  expenses  of  intercourse  with  foreign  nations,  thirty-nine  thousand 
and  fifty  dollars. 
For  the  expenses  of  the  intercourse  between  the  United  SUifiM  and 


NINTH  CONGRESS.    Sbss.  I.  Ch.  34.    1806. 


the  Birbiry  powers,  including  the  compensation  of  the  consols  at  the 
several  Barbary  powers,  forty-nine  thousand  five  hundred  dollars. 

For  the  contingent  expenses  of  the  intercourse  with  foreign  nations, 
twenty-six  thousand  nine  hundred  and  fifty  dollars. 

For  the  contingent  expenses  of  intercourse  with  the  Barbary  powers, 
fifty  thousand  dollars. 

For  defiraying  the  expense  of  carrying  into  effect  the  sixth  article  of 
the  British  treaty,  in  addition  to  the  sums  heretofore  appropriated  for 
that  purpose,  seven  thousand  seven  hundred  and  fifty  dollars. 

Towards  completing  the  surveys  of  public  lands  in  the  state  of  Ohio, 
and  in  the  Indiana  and  Mississippi  territories,  one  hundred  and  twenty 
thousand  dollars. 

For  the  discharge  of  such  miscellaneous  claims  against  the  United 
States,  not  otherwise  provided  for,  as  shall  have  been  admitted  in  due 
course  of  settlement,  at  the  treasury,  and  which  are  of  a  nature,  accord- 
ing to  the  usage  thereof,  to  require  payment  in  specie,  four  thousand 
ddlars. 

For  defraying  the  expenses  incident  to  the  investigation  of  claims 
under  the  French  convention  of  the  thirtieth  of  April,  one  thousand 
eight  hundred  and  three,  in  addition  to  the  sums  heretofore  appropriated 
to  that  purpose,  six  thousand  dollars. 

For  the  relief  and  protection  of  distressed  American  seamen,  seven 
thousand  five  hundred  dollars. 

For  the  salaries  of  the  agents  at  London,  Paris,  and  Madrid,  for  pro- 
secuting claims  in  relation  to  captures,  six  thousand  dollars. 

For  Uie  amount  admitted  at  the  treasury  as  due,  on  the  first  of  Janu- 
ary, one  thousand  seven  hundred  and  ninety-one,  to  the  legal  representr 
atives  of  the  late  Baron  de  Beaumarchais,  for  military  stores  furnished 
the  United  States  during  the  late  war,  including  interest  on  the  same,  a 
sum  not  exceeding  seventy-nine  thousand  dollars. 

For  exploring  the  waters  of  the  country  ceded  by  the  convention  of 
the  thirtieth  of  April,  one  thousand  eight  hundred  and  three,  and  estab- 
lishing commerce  with  the  Indian  tri^  inhabiting  the  same,  five  thou- 
sand dollars. 

Sic.  2.  And  he  U  further  enacted.  That  the  several  appropriations 
herein  before  made,  shall  be  paid  and  discharged  out  of  the  fund  of  six 
hundred  thousand  dollars,  reserved  by  an  act  making  provision  for  the 
debt  of  the  United  States,  and  out  of  monies  in  the  treasury,  not  other- 
wise appropriated. 

Approved,  April  18,  1806. 


Spedfie  ap- 
propnatioBi. 


Chap.  XXXIV. — J8n  Act  making  orovinon  for  the  eompenaoHon  cf  witnettei  who 
attended  the  trial  cf  the  iit^peaehment  cf  Samuel  Chau, 

Be  it  enacted  by  tie  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assemhlea.  That  to  every  witness  sum- 
moned to  attend  the  trial  of  the  impeachment  of  Samuel  Chase,  there 
shaU  be  allowed  and  paid  for  every  day's  attendance  upon  the  said  trial 
the  sum  of  three  dollars ;  and  also  for  mileage  at  the  rate  of  twelve  and 
an  half  cents  for  every  mile  distance  coming  to  the  city  of  Washington, 
and  returning  to  the  usual  place  of  residence  of  the  witnesses,  respec- 
tively. 

Sec.  2.  And  he  it  fwrther  enaded,  That  it  shall  be  the  duty  of  the 
secretary  of  the  Senate  to  ascertain  and  certify  the  amount  due  to  each 
witness  for  attendance  and  mileage;  which  certificate  shall  be  a  suffi- 
cient voucher  to  entitle  the  witness  to  receive  from  the  treasury  of  the 
United  States  the  amount  certified  to  be  due,  unless  otherwise  ordered 
by  the  Senate. 

Sic.  3.  And  he  it  further  enacted,  That  the  sum  of  six  thousand 

2k2 


1790,  ch.  34. 


Statute  I. 


April  31,  1806. 

[Obsolete.] 
Per  diem  &1. 

lowance  to  the 

witneseet. 


Secretary  of 
the    Senate    to 
ascertain    and 
certify   the 
amoant  due  to 
each  witness. 

This   certifi- 
cate to    be  a 
ffood  Toncber  at 
Die  treasury. 


390 


NINTH  CONGRESS.     Sess.  I.  Gh.  25,  36.     1806. 


Appropriation.   doUars  be  appropriated  to  defray  the  expenses  to  be  incurred  under  the 
provisions  of  this  act,  to  be  paid  out  of  any  money  in  the  treasury,  not 
otherwise  appropriated. 
Approved,  April  21, 1806. 


Statute  I. 
April  21,  1806. 


Second  and 
fourth   sections 
of  the  act    of 
March  3,  1801, 
ch.  20,  repealed. 

President  to 
keep  in  actaal 
service,  in  time 
of  peace,  as  ma. 
nj  frigates  as 
he  may  think 
pioper. 

Rest  to  be  laid 
up. 

Armed  ves- 
sels  to  be  offi- 
cered and  arm- 
ed as  the  Presi- 
dent chooses. 

Number  of 
officers. 

Half  pay  to 
officers  not  un- 
der orders. 


Chap.  XXXV . — Jin  Ad  in  additum  to  an  ad^  intituled  *^Jln  ad  Buppkmeniary  to 
the  ad  providing  for  a  naoal  peace  establiehmentj  and  for  other  purposeeJ** 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  the  second  and  fourth 
sections  of  "An  act  providing  for  a  naval  peace  establishment,  and  for 
other  purposes,"  be,  and  the  same  are  hereby  repealed. 

Sec.  2.  And  he  it  further  enacted,  That  the  President  of  the  United 
States  be,  and  he  is  hereby  authorized  to  keep  in  actual  service,  in  time 
of  peace,  so  many  of  the  frigates  and  other  public  armed  vessels  of  the 
United  States,  as  in  his  judgment  the  nature  of  the  service  may  require, 
and  to  cause  the  residue  thereof  to  be  laid  up  in  ordinary  in  convenient 
ports. 

Sec.  3.  And  he  it  further  enacted.  That  the  public  armed  vessels  of 
the  United  States,  in  actual  service,  in  time  of  peace,  shall  be  officered 
and  manned,  as  the  President  of  the  United  States  shall  direct ;  pro- 
vided that  the  officers  shall  not  exceed  the  following  numbers  and 
grades,  that  is  to  say;  thirteen  captains,  nine  masters  commandant, 
seventy-two  lieutenants,  and  one  hundred  and  fifty  midshipmen :  but  the 
said  officers  shall  receive  no  more  than  half  their  monthly  pay,  during 
the  time  when  they  shall  not  be  under  orders  for  actual  service ;  and 
provided  further,  that  the  whole  number  of  able  seamen,  ordinary  sea- 
men and  boys  shall  not  exceed  nine  hundred  and  twenty-five ;  but  the 
President  may  appoint,  for  the  vessels  in  actual  service,  so  many  sur- 
geons, surgeon's  mates,  sailing  masters,  chaplains,  pursers,  boatswains, 
gunners,  sail  makers,  and  carpenters,  as  may  in  his  opinion  be  necessary 
and  proper. 

Approved,  April  21, 1806. 


Statute  L 


April  31, 1806.    Chap.  XXXVL— yfn  Jd  for  the  regukUion  of  the  times  of  holding  the  courti  of 
the  didrid  tf  ColurMa,  and  for  other  purposes. 


Session  of  the 
court  of  Wash- 
ington changed. 


Of  Alexandria 
likewise. 


Present  conrta 
sdjoumed    ac- 
cordingly. 

Process  made 
retttmable  ac- 
cording to  the 
change. 


Be  it  enacted  hy  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  circuit  court  for 
Washington  county,  in  the  district  of  Columbia,  shall  hereafter  com- 
mence and  be  held  on  the  first  Monday  in  June  in  each  year,  instead  of 
the  fourth  Monday  in  July,  as  now  fixed  by  law ;  and  the  circuit  court 
for  Alexandria  county,  in  said  district,  on  the  first  Monday  in  July,  in- 
stead of  the  fourth  Monday  in  June,  as  now  established  ;  and  that  the 
circuit  court  for  Washington  county,  which  now  stands  adjourned  to  the 
fourth  Monday  in  July  next,  shall  be,  and  is  hereby  adjourned  to  the 
first  Monday  in  June  next ;  and  the  circuit  court  for  Alexandria  county 
shall  be  adjourned  to,  and  held  on  the  first  Monday  in  July  next;  and 
that  all  process  whatsoever,  now  issued,  or  that  may  be  issued  in  the 
respective  counties  of  Washington  and  Alexandria,  in  said  district, 
returnable  to  the  fourth  Mondays  in  June  and  July  next,  respectively,  or 
to  any  particular  day  m  the  first,  second,or  other  succeeding  weeks  dur- 
ing the  said  terms,  as  heretofore  established,  shall  be  returnable,  and 
returned  to  the  first  Mondays  in  June  and  July  next,  or  to  correspond- 
ing days  in  the  first,  second,  or  other  succeeding  weeks  during  the  said 
terms,  respectively,  as  now  by  this  law  established;  and  all  causes, 
recognizances,  pleas,  and  proceedings,  civil  and  criminal,  returnable  to, 
and  depending  before  the  said  courts,  at  the  respective  times  of  holding 


NINTH  CONGRESS.    Sess.  I.  Ch.  38,  39.    1806. 


the  same  as  heretofore  estahlished,  shall  be  returned  and  continued  to 
the  said  first  Monday  in  June  and  July  next,  in  the  same  counties, 
respectively,  in  the  same  manner,  as  if  the  said  causes,  recognizances, 
pleas  and  proceedings,  had  been  regularly  returned  or  continued  to  the 
said  respective  times  appointed  by  this  act,  for  holding  the  said  courts. 

Sec.  2.  And  be  it  fitriher  enacted,  That  the  provisions  of  the  act, 
intituled  "An  act  for  the  relief  of  insolvent  debtors  within  the  district 
of  Columbia,"  shall  extend  to  any  debtor  who  may  have  been,  or  here- 
after shall  be  arrested  and  holden  to  bail  in  the  said  district,  and  who  at 
the  time  of  his  arrest  shall  have  been  a  resident  in  the  said  district  one 
year,  next  preceding  his  arrest 

Approved,  April  21,  1806. 


Chap.  XXXVIIL— yfln  M  continuing  in  force  for  a  further  time^  thefint  ieetion 
(f  the  ad  intituled  **Jn  act  further  to  protect  the  commeru  and  icamen  cf  the 
United  Staiea  agaimt  the  Barbtary  powenj*^ 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
Sates  ofAmericq  in  Congress  assembled^  That  so  much  of  the  act  passed 
on  the  twenty-fifth  (sixth)  day  of  March,  one  thousand  eight  hundred 
and  four,  intituled  "An  act  further  to  protect  the  commerce  and  seamen 
of  the  United  States  against  the  Barbary  powers,"  as  is  contained  in  the 
first  section  of  the  said  act,  be,  and  the  same  hereby  is  continued  in 
force  until  the  end  of  the  next  session  of  Congress,  and  bo  longer. 

Approved,  April  21, 1806. 


Chap.  XXXIX.— ^n  Jet  eupplementary  to  an  act  intituled  ^*Jn  act  for 
taining  and  adjutting  the  titles  and  elainu  to  land^  within  the  territory  of  Or^ 
kane^  and  the  district  (f  LouisianaJ*\a) 

Be  it  enacted  by  the  Senate  and  House  of  Represemtatives  of  the  United 
States  of  America  in  Congress  assembled^  That  every  person  or  persons 
claiming  a  tract  of  land,  by  virtue  of  the  second  section  of  the  act,  to 
which  this  act  is  a  supplement,  and  who  had  commenced  an  actual  set- 
tlement on  such  tract,  prior  to  the  first  day  of  October,  one  thousand 
eight  hundred,  and  had  continued  actually  to  inhabit  and  cultivate  the 
same,  during  the  term  of  three  years  from  the  time  when  such  actual 
settlement  had  commenced,  and  prior  to  the  twentieth  day  of  December, 
eighteen  hundred  and  three,  shall  be  considered  as  having  made  such 
settlement  with  the  permission  of  the  proper  Spanish  officer,  although  it 
may  not  be  in  the  power  of  such  person  or  persons  to  produce  sufficient 
evidence  of  such  permission. 

Sec.  2.  And  be  it  further  enacted,  That  every  person  or  persons 
rightfully  claiming  a  tract  of  land,  not  exceeding  six  hundred  and  forty 
acres,  by  virtue  of  the  act,  to  which  this  act  is  a  supplement,  shall  be 
confirmed  in  his  or  their  claims,  if  otherwise  embraced  by  the  provbions 
of  the  said  act,  although  the  person  or  persons,  nnder  whom  the  claim 
or  claims  originated,  were  not  at  the  time  when  the  same,  originated, 
above  the  age  of  twenty-one  years:  Provided,  that  the  tract  of  land  thus 
claimed,  had  been  for  the  space  of  ten  consecutive  years,  prior  to  the 
twentieth  day  of  December,  eighteen  hundred  and  three,  in  the  quiet 
possession  o^  and  actually  inhabited  and  cultivated  by  such  person  or 
persons,  or  for  his  or  their  use. 

Sec.  3.  And  be  it  further  enacted,  That  the  time  fixed  by  the  act  to 
which  this  act  is  a  supplement,  for  delivering  to  the  register  of  the 
proper  land-office  notices  in  virriting,  and  the  written  evidences  of  claims 
to  land  in  the  territory  of  Orleans,  be,  and  the  same  is  hereby  extended. 


ProTisioDB  of 
A  former  act  ex- 
tended to  inaol- 
vent  debtor*. 

1803,  eb.  31. 


Statutb  I. 
April  21,  1806. 

[Obsolete.] 

Act  of  March 
S6,1804,cb.46. 

1807,  ch.  30. 

1808,  cb.  11. 

1809,  cb.  7. 
1809,  cb.  6. 
1811,  ch.  3. 
1818,  cb.  18. 
1813,  cb.  40. 


Statute  I. 

April  31, 1806. 

Act  of  March 
8,  1806,  cb.  26. 

Wbat  aball  be 
considered    an 
actaal   settle- 
ment according 
to  the  second 
section    of  the 
act   to   which 
this  is  a  supple- 
ment. 


Claimanu    to 
land    not   ex- 
ceeding 640 
acres  under  per- 
sons who  were 
not  of  the  sf  e 
of  21  Tears  con- 
firmed in  their 
titles,    if  their 
claims   are   in 
oUier  respects 
regular. 

Proviso  that 
the  claimants 
shall  have  been 
in  possession  of 
the  lands  for  10 
years. 


(a)  See  notes  to  act  of  March  2, 1806,  chap.  26. 


ao3 


NINTH  CONGRESS.    Sbsb.  I.  Ch.  39.    ISOa 


Tmm  forde- 
liTeriii^  BoticM 
IB  wnliag  to 
claioM  or  land 
in  tbo  teiritonr 
of  Orieuw  ei- 


fiSS?'*" 


lUffisten  of 
tbeltad'oAcet 
totppointdepo- 


Tbeirdiitj. 


STidencM  of 
clBiBM  to  liad, 
bow,  to  whom 
and  wImb  doli- 


CommtMioa- 
•n.  their  daties 
VBoer  this  act. 


Traaacriptf  of 
decisions  to  be 
filed  and  trana- 
vitted. 


Leads  not  to 
be  disposed  of 
vntil  tne  deci- 
sion of  Con- 


Compensa- 
tions  of  the 
commissioners 
and  registers. 


tin  the  fint  day  of  Janaarj  next ;  and  penons  ddiwenng  aoch  notices 
and  evidences,  shall  be  entitled  to  the  same  benefits  as  if  the  same  had 
been  delivered  jSrior  to  the  first  day  of  March  last ;  but  the  rights  of 
such  persons,  as  shall  nedect  so  doing,  within  the  time  limited  by  this 
act,  shall  be  barred,  and  &e  evidences  of  their  claims  never  after  admit- 
ted as  evidence,  in  the  same  manner  as  had  been  provided  by  the  fourth 
section  of  the  act,  to  which  this  act  is  a  snpjJement,  in  relation  to  claims, 
notices,  luid  written  evidences  of  which,  riioold  not  be  ddivered,  prior 
to  the  said  first  day  of  March  last 

Sec.  4.  And  he  it  finrther  maeUd^  That  the  registers  of  the  land- 
offices  in  the  territory  of  Orleans,  reflectively,  be,  and  they  are  hereby 
authorized  to  appoint  so  many  deputies,  not  exceeding  one  for  each 
county,  in  their  respective  districts,  as  they  may  think  necessary ;  whose 
duty  it  shaU  be  to  receive,  enter,  and  file  notices,  and  to  receive  and 
record  written  evidences  of  claims  to  lands  lying  in  the  county,  or  coun- 
ties, to  them  respectively  assigned,  in  the  same  manner  as  the  register 
might  do ;  and  also,  to  transmit  to  the  register  the  said  notices  and  evi- 
dences, or  such  transcripts  of  abstracts  of  the  same,  as  the  said  register, 
or  the  commissioners,  may  direct;  and  generaUy  to  do  and  perform  all 
such  acts,  in  relation  to  such  claims,  as  the  said  register  may  direct 
Persons  having  claims  to  land,  may  deliver  the  notices  and  evidences  of 
the  same,  at  their  option,  either  to  the  register  of  the  proper  land-office, 
or  to  his  deputy,  for  the  county  in  which  such  land  lies ;  and  each  of  the 
said  deputies  shall  be  entitled  to  receive  the  recording  fees,  allowed  to 
the  register,  by  the  act  to  which  this  act  is  a  supplement,  and  in  addi- 
tion thereto,  (or  a  compensation  of  five  hundred  dollars  in  full  for  all  his 
services,)  at  the  rate  of  one  dollar  for  every  claim  filed  with  him,  to  be 
paid  out  of  the  monies  appropriated  for  carrying  into  effect  the  act  to 
which  this  act  is  a  supplement 

Sec.  5.  And  he  it  fiaiher  enacted^  That  the  commissioners,  appointed 
for  the  purpose  of  ascertaining  the  rights  of  persons,  claiming  lands  in 
the  territory  of  Orleans  shall,  m  their  respective  districts,  have  the  same 
powers,  and  perform  the  same  duties,  in  relation  to  the  claims  thus  filed 
before  the  first  day  of  January  next,  as  if  notice  of  the  same  had  been 
given  before  the  mX  day  of  March  last,  and  as  was  provided  by  the  act 
to  which  this  act  is  a  supplement,  in  relation  to  the  claims  therein 
described.  Transcripts  of  the  decisions  of  the  said  commissioners,  and 
reports  of  the  claims  filed  in  conformity  with  the  provisions  of  this  act, 
shall  be  made  and  transmitted,  as  was  provided  by  the  act  to  which  this 
act  is  a  supplement,  in  relation  to  the  claims  therein  described.  It  shall 
likewise  be  the  duty  of  the  said  commissioners,  to  inquire  into  the 
nature  and  extent  of  the  claims  which  may  arise  from  a  right,  or  supposed 
right,  to  a  double  or  additional  concession  on  the  back  of  grants  or 
concessions  heretofore  made,  or  from  grants  or  concessions  heretofore 
made  to  minors,  and  not  embraced  by  the  provisions  of  this  act,  or 
from  grants  or  concessions  made  by  the  Spanish  government,  sub- 
sequent to  the  first  day  of  April,  one  thousand  eight  hundred,  for  lands 
which  were  actually  settled  and  inhabited  on  the  twentieth  day  of 
December,  one  thousand  eight  hundred  and  three;  and  to  make  a 
special  report  thereon  to  the  Secretary  of  the  Treasury ;  which  report 
shall  be,  by  him,  laid  before  Congress  at  their  next  ensuing  session. 
And  the  lands  which  may  be  embraced  by  such  report,  shdl  not  be 
otherwise  disposed  of,  untU  a  decision  of  Congress  shall  have  been  had 
thereupon. 

Sec.  6.  And  he  it  fitrther  enacted.  That  each  of  the  registers  afore- 
said, shall,  in  addition  to  his  other  emoluments,  receive  a  compensation 
of  five  hundred  dollars  for  the  services  to  be  performed,  under  this  act, 
prior  to  the  first  day  of  January  next ;  and  each  of  the  commissioners 
aforesaid,  shall  receive  at  the  rate  of  six  dollars  a  day  for  every  day's 


NINTH  CONGRESS.    Ssss.  I.  Cb.  39.    1806. 


actual  atteadance  on  the  duties  of  his  office,  subsequent  to  the  first  day 
of  January  next :  Provided^  that  the  whole  amount  of  compensation  thus 
aDowed,  shdl  not  for  any  commissioner  exceed  two  thousand  dollars: 
And  provided  also^  that  the  President  of  the  United  Sutes  may,  if  he 
shall  think  proper,  reduce,  after  the  first  day  of  January  next,  the  num- 
ber of  commissioners  on  either  or  both  boards,  to  one  or  two  persons, 
and  in  case  of  such  reduction  the  commissioner  or  commissioners  con- 
stitutinff  the  board,  shall  have  the  same  powers  which  are  rested  by  this 
act,  or  by  the  act  to  which  this  act  is  a  supplement,  in  the  board  estab- 
lished by  the  act,  to  which  this  act  is  a  supplement  The  clerk  of  each 
of  the  boards  shall  be  entitled  to  receive  at  the  rate  of  fifteen  hundred 
dollars  a  year ;  the  translators  at  the  rate  of  six  hundred  dollars  a  year, 
and  the  agents  employed  by  the  Secretary  of  the  Treasury  at  the  rate  of 
fifteen  hundred  dollars  a  vear^  firom  the  first  day  of  January  next,  to  the 
time  when  each  board  shall  respectively  be  dissolved.  Provided,  that 
no  more  than  one  year's  compensation  be  thus  allowed  to  each  of  the 
said  clerks,  translators,  and  agents :  And  provided  also,  that  the  Secre- 
tary of  the  Treasury  may  discontinue  either  one  or  both  of  said  agents,- 
whenever  he  shall  think  it  proper. 

Sec.  7.  And  he  it  further  enacted.  That  the  commissioners  appointed 
for  the  purpose  of  ascertaining  the  riffhts  of  persons,  claiming  lands  in  the 
territories  of  Orleans  and  Louisiana,  be,  and  they  are  hereby  authorized,  if 
they  shall  think  it  necessary,  for  the  purpose  of  obtainins  oral  evidence, 
either  in  support  of,  or  in  ofmosition  to  claims,  which  evidence  could  not 
be  given  at  the  usual  place  of  their  sittings,  without  oppression  to  the  par- 
ties or  witnesses,  to  remove  their  sittings,  or  to  send  for  that  purpose,  one 
or  more  members  of  the  board,  to  such  other  place  or  places,  within  their 
req)ective  districts,  as  they  may  think  necessary :  And  each  of  the  com- 
missioners going  for  that  purpose,  to  such  other  place  or  places,  shall,  in 
addition  to liis  compensation,  receive  at  the  rate  of  six  dollars  for  every 
twenty  miles,  going  to  and  returning  from  such  place  or  places :  Providea, 
that  no  commissioner  shall  receive  in  the  whole,on  that  account,  more 
than  for  the  distance,  from  the  usual  place  of  the  sittings  of  the  board  to 
the  extreme  settlements  within  his  respective  district 

Sec.  8.  And  be  it  further  enacted.  That  each  of  the  boards  aforesaid, 
shaU  prepare  and  cause  to  be  prepared,  the  reports  and  transcripts, 
which  by  law  they  are  directed  to  make  to  the  Secretary  of  the  Trea- 
sury, in  conformity  with  such  forms  as  he  may  prescribe;  and  they  shall 
also,  in  their  several  proceedings  and  decisions,  conform  to  such  instruc- 
tions, as  the  said  secretary  may,  with  the  approbation  of  the  President 
of  the  United  States,  transmit  to  them  in  relation  thereto. 

Sec.  9.  And  he  it  farther  enacted.  That  the  surveyor  of  the  public 
lands,  south  of  Tennessee,  be,  and  he  is  hereby  directed  to  appoint  a 
principal  deputy  for  each  of  the  two  land  districts  of  the  territory  of 
Orleans,  whose  duty  it  shall  be  to  reside  and  keep  an  office  in  the  said 
districts  respectively,  to  execute,  or  cause  to  be  executed  by  the  other 
deputies,  such  surveys  as  have  been  or  may  be  authorized  by  law,  or  as 
the  commissioners  aforesaid  may  direct;  to  file  and  record  all  such  sur- 
veys, to  form  as  far  as  practicable,  connected  drafts  of  the  lands  granted 
in  the  district,  so  as  to  exhibit  the  lands  remaining  vacant,  and  generaUy 
to  perform  in  such  districts  respectively,  in  conformity  with  the  regula- 
tions and  instructions  of  the  said  surveyor  of  the  public  lands  south  of 
the  state  of  Tennessee,  the  duties  imposed  by  law  on  said  surveyor. 
And  each  of  the  said  principal  deputies  shall  receive  an  annual  compen- 
sation of  five  hundred  dollars,  and  in  addition  thereto,  the  following  fees, 
that  is  to  say :  for  examining  and  recording  the  surveys  executed  by  any 
of  the  deputies,  at  the  rate  of  twenty-five  cents  for  every  mile  of  the 
boundary  line  of  such  survey;  and  for  a  certified  copy  of  any  plot  of  a 
survey  in  the  office,  twenty-five  cents. 

Vol.  n.— ^0 


CompenMtaoii 
not  to  eiceed 
9000  doUan. 

President  may 
reduce  the  num- 
ber of  commii- 
sionere. 


Salariee  of 
ofieen. 


Proviso. 


Comminionere 
may  change  the 
placet  of  their 


for  traToI 


Proviso. 


Board*  to  pre. 
pare  and  make 
reports,  fcc.  kc. 
to  the  Secretary 
of  the  Treasury, 
according  to 
forms  prescrib- 
ed by  him. 


Snnreyor   of 
public    lands 
south   of  Ten- 
nessee  to    ap- 
point deputies. 


Their  duties. 


394 


NINTH  CONGRESS.    Sbsb.  I.  Ch.  39.     1806. 


Receiver  of 
public  monies 
for  the  western 
district  of  Or- 
leans  mar  be 
appointed  bj  the 
President,    &c. 


His  compen- 
sation. 


President  may 
authorise  a  sale 
of  public  lands 
in  the  western 
district  of  Or- 
leans, fcc.  &c. 


Lands  to  be 
offered  for  sale. 

Dajrs  of  sale 
to  be  designated 
bjT  the  Presi. 
dent's  procla- 
mation. 

How  long  to 
remain  open. 

Prices,  &c. 
&c. 


Compensation 
to  superintend- 
ents of  sales. 

Lands  re- 
maining  unsold 
maybe  disposed 
of  at  private 
sale. 

In  what  man- 
ner, and  on 
what  terms. 

Patents  how 
to  be  obtained. 


Locations 
made  for  Gene- 
ral La  Fayette, 
may  be  received 
though  cents  in. 
ing  less  than 
1000  acres. 

Proviso. 

Survey  of  the 
coast  of  the  ter- 
ritory of  Orleans 
to  be  made. 


Sec.  10.  And  he  it  further  enacted,  That  the  President  of  the  United 
States  be,  and  he  hereby  is  authorized,  whenever  he  shall  think  it  proper, 
to  appoint  a  receiver  of  public  monies  for  the  western  district  of  the 
territory  of  Orleans,  who  shall  receive  the  same  annual  compensation, 
give  security  in  the  same  manner  and  in  the  same  sums,  and  whose 
duties  and  authorities  shall  in  every  respect  be  the  same  in  relation  to 
the  lands  which  shall  hereafter  be  disposed  of  at  their  offices,  as  are  by 
law  provided  with  respect  to  the  receivers  of  public  monies,  in  the  several 
offices  established  for  the  disposal  of  the  lands  of  the  United  States, 
north  of  the  river  Ohio,  and  above  the  mouth  of  Kentucky  river.  And 
the  said  receiver,  and  the  register  of  the  land-office,  for  the  same  district 
shall,  whenever  the  public  lands  within  the  same  shall  be  offered  for  sale, 
be  entitled  to  the  same  commissions  and  fees,  which  are  by  law  respect- 
ively allowed  to  the  same  officers,  north  of  the  river  Ohio,  and  above  the 
mouth  of  Kentucky  river. 

Sec.  11.  And  he  it  further  enacted.  That  the  President  of  the  United 
States  be,  and  he  is  hereby  authorized,  whenever  he  shall  think  it  proper, 
to  direct  so  much  of  the  public  lands  lying  in  the  western  district  of  the 
territory  of  Orleans,  as  shall  have  been  surveyed  in  conformity  with  the 
provisions  qf  the  act  to  which  this  act  is  a  supplement,  to  be  offered  for 
sale.  All  such  land  shall,  with  the  eiLception  of  the  section  "  number 
sixteen,"  which  shall  be  reserved  in  each  township  for  the  support  of 
schools  within  the  same ;  with  the  exception  also  of  an  entire  township 
to  be  located  by  the  Secretary  of  the  Treasury,  for  the  use  of  a  seminary 
of  learning,  and  with  the  exception  also  of  the  salt  springs,  and  lands 
contiguous  thereto,  which  by  direction  of  the  President  of  the  United 
States,  may  be  reserved  for  the  future  QdisposaQ  of  the  said  States,  shall 
be  offered  for  sale  to  the  highest  bidder,  under  the  direction  of  the  re- 
gister of  the  land-office,  of  the  receiver  of  public  monies,  and  of  the 
principal  deputy  surveyor;  and  on  such  day  or  days,  as  shall,  by  a  public 
proclamation  of  the  President  of  the  United  States,  be  designated  for 
that  purpose.  The  sales  shall  remain  open  for  three  weeks  and  no 
longer;  the  lands  shall  be  sold  for  a  price  not  less  than  that  which  has 
been,  or  may  be  fixed  by  law,  for  the  public  lands  in  the  Mississippi  ter- 
ritory, and  shall  in  every  other  respect  be  sold  in  tracts  of  the  same  size, 
on  the  same  terms  and  conditions  as  have  been,  or  may  be  by  law  pro- 
vided for  the  lands  sold  in  the  Mississippi  territory.  The  superinten- 
dents of  the  said  public  sales  shall  receive  six  doUars,  each,  for  each 
day's  attendance  on  the  said  sales.  All  lands,  other  than  the  reserved 
sections,  and  those  excepted  as  above  mentioned,  remaining  unsold  at 
the  closing  of  the  public  sales,  may  be  disposed  of  at  private  sale,  by  the 
register  of  the  land-office,  in  the  same  manner,  under  the  same  regula- 
tions, for  the  same  price,  and  on  the  same  terms  and  conditions  as  are, 
or  may  be  provided  by  law,  for  the  sale  of  the  lands  of  the  United  States 
in  the  Mississippi  territory.  And  patents  shall  be  obtained  for  all  lands 
granted  or  sold  in  the  territory  of  Orleans,  in  the  same  manner  and  on 
the  same  terms,  as  is,  or  may  be  provided  by  law  for  lands  sold  in  the 
Mississippi  territory. 

Sec.  12.  And  he  it  further  enacted,  That  the  location  or  locations 
of  land,  which  maybe  made  in  the  territoiy  of  Orleans,  by  Major  Gen- 
eral La  Fayette,  by  virtue  of  the  ninth  section  of  the  act  to  which  [this] 
act  is  a  supplement,  shall  and  may  be  received,  though  containing  less 
than  one  thousand  acres:  Provided,  that  no  such  location  or  survey  shall 
contain  less  than  five  hundred  acres. 

Sec  13.  And  he  it  further  enacted.  That  the  Secretary  of  the  Trea- 
sury be  authorized  to  cause  a  survey  to  be  made  of  the  sea-coast  of  the 
territory  of  Orleans,  from  the  mouth  of  the  Mississippi  to  Vermilion  bay 
inclusively,  and  as  much  farther  westwardly  as  the  President  of  the 
United  States  shall  direct,  aftd  also  of  the  bays,  inlets,  and  navigable 


NINTH  CONGRESS.    Sess.  I.  Ch.  40.     1806. 


ao5 


waters  connected  therewith:  Provided,  that  the  expense  of  such  survey 
shall  not  exceed  five  thousand  dollars. 

Sec.  14.  And  be  it  Jurther  enacted,  That  a  sum  not  exceeding  twenty 
thousand  doUars,  in  addition  to  the  sum  appropriated  by  the  act  to  which 
this  act  is  a  supplement,  and  to  be  paid  out  of  any  unappropriated  monies 
in  the  treasury,  be,  and  the  same  is  hereby  appropriated,  for  the  purpose 
of  carrying  this  act  into  effect 

AppROYEDy  April  21, 1806. 


LimitatioB  of 
expense. 

Appropriation. 


Statute  I. 


Act  of  March 
S6,1804,ch.35. 

Registen  and 
receivers  of 
pablic     monies 
in  Vincennes 
and  Kaskaskias 
authorised  to 
lay  oat  one  or 
more  tracts   in 
their  respective 
districts. 

Proviso. 


Resolution 
warrants  not 
specific,  how  to 
be  entered. 


Chap.  XL.— w^»  Jet  retpetHng  the  eUnms  to  land  in  the  Indiana  territory  and   April  21,  1S06. 
itate  of  Ohio,(a)  

Be  it  enacted  hy  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  registers  and  re- 
ceivers of  public  monies  of  the  districts  of  Vincennes  and  Kaskaskias, 
respectively,  be,  and  they  are  hereby  authorized  and  empowered,  under 
the  direction  of  the  Secretary  of  the  Treasury,  to  lay  out  one  or  more 
tracts  of  land,  in  their  respective  districts,  for  the  purpose  of  locating 
therein,  tracts  of  land  granted  by  virtue  of  any  legal  French  or  British 
grants,  or  of  any  resolution  or  act  of  Congress:  Provided,  that  the 
tracts  thus  laid  out  shall  be,  whenever  practicable,  adjoining  the  tracts, 
which,  in  conformity  with  former  laws,  had  been  laid  out  for  similar 
purposes  by  the  governors  of  the  northwest  or  Indiana  territories ;  and 
the  tracts  thus  laid  out  shall  not  be  otherwise  disposed  of,  unless  by 
order  of  Congress. 

Sec.  2.  And  be  it  further  enacted.  That  any  person  or  persons  enti- 
tled to  grants  of  land  by  virtue  of  any  former  resolution  or  act  of  Con- 
gress, which  are  not  specifically  designated  in  the  patents  issued  by  the 
governors  aforesaid,  or  which  have  not  yet  been  located,  shall  have  a  right 
to  locate  the  same  in  the  tract  or  tracts,  to  be  laid  out  in  each  district, 
respectively,  by  virtue  of  the  preceding  section,  the  priority  of  such 
locations  shall  be  determined  by  lot  in  presence  of  the  register  of  the 
land-office,  with  whom  the  location  shall  be  entered :  and  the  surveyor- 
general  shall  cause  the  same  to  be  surveyed  at  the  expense  of  the  parties; 
Provided,  that  all  the  lands  thus  located,  shall,  in  each  tract  laid  out  for 
that  purpbse,  be  laid  out  in  a  body,  without  leaving  any  intervals  of 
vacant  land,  and  shall  each  be  surveyed  in  the  form  of  a  square  or  of  a 
parallelogram,  the  length  of  which  shall  not  exceed  three  times  its 
breadth. 

Sec.  3.  And  be  it  further  enacted.  That  the  registers  and  receivers 
aforesaid,  shall  complete  and  transmit  their  reports  to  the  Secretary  of 
the  Treasury,  before  the  first  day  of  December  next  Each  of  the  said 
officers  shall  be  allowed  an  additional  compensation  of  five  hundred 
dollars;  and  each  of  the  clerks  of  the  respective  boards  shall  be  allowed 
an  additional  compensation  of  two  hundred  and  fifty  dollars,  in  full  for 
his  services,  as  such,  in  relation  to  such  claims. 

Sec.  4.  And  be  it  further  enacted.  That  the  register  and  receiver  of 
public  monies  in  the  district  of  Cincinnati  be,  and  they  are  hereby 
authorized  to  grant  certificates  of  a  right  of  pre-emption  to  any  person 
residing  on  any  reserved  section  (other  than  section  No.  16)  for  the 
tract  on  which  he  resides,  on  the  applicant's  producing  satisfactory  evi- 
dence that  his  claim  was  within  the  provisions  of  the  seventh  section  of 
an  act,  intituled  "An  act  making  provision  for  the  disposal  of  the  public 
lands  in  the  Indiana  territory,  and  for  other  purposes :"  Provided,  that 
the  person  shall  exhibit  the  evidence  of  his  claim,  and  shall  have  paid  at 
least  one  twentieth  part  of  the  purchase  money,  on  or  before  th^  first 
day  of  August  next :  And  provided  also,  that  such  certificates  shall  not 

(a)  See  notes  to  agt  of  March  86, 1804,  chap.  86. 


Proviso. 


Registers  and 
receivers  of 
pablic     monies 
to   transmit  re- 
ports to  the  Sec- 
retary  of  the 
Treasury. — By 
what  time. 

Additional 
compensation 
to  them. 

Registers  and 
receivers  of 
pablic     monies 
in  Cincinnati  to 
grant  certifi- 
cates of  pre- 
emption to  resi- 
dents. 

Proviso. 
]80i,ch.d5. 


NINTH  CONGRESS.    Sbss.  L  C^.  41.    1806L 


CertiAaum      be  granted  ^  any  lands  previousljr  granted  or  sold,  or  lor  a  larger  tract 
edVor  UdJi^*^   than  a  quarter  of  a  section,  nor  for  any  other  tract  than  that  on  which 
noudj  muS^I  ^  resides,  and  such  land  shall  be  granted  at  the  same  price,  and  on  the 
payments  being  made,  as  for  other  public  lands  »M  at  private  saJe. 
Affroted,  April  21, 1806. 
Statvr  L  __ 


Aiml  21,  1806. 


He«iflord«. 


thoiuad  to  ap. 
porlioB  tlMnl- 
sriM  of  tlMir 
clerlu. 

PrmriM. 


LtBttatiMi  of 
•Uowaae*  for 
•achorUM  of- 


VottoMftar- 
Oeneiml  may  ap- 
point what  nam- 
b«r  of  clerki  he 
pleaaaa,  and  ap- 
portion  thoir 
•alarlea. 

PrOTiio. 

Salary  to  one 
of  the  clerkf  in 
the  mint 

A  ftirther  al- 
lowance for 
clerk  hire. 

Sam  allowed 
the  eonrejor^ 
general,  to   be 
eipended  in 
clerk  hire. 

Allowance  to 


'of  loani  in  cer- 
tain tutea  for 
detkhira. 


Chaf.  Xhh — Jin  Ad  to  regulaU  and  fix  ike  eompentalion  if  detka^  and  to  atn 
ikorize  the  laying  out  eeriain  fubUe  road§  f  andforoikerpurpoeee. 

BeUenaaedhftheSauOe  andHauserflUpresaUativesafike  UmUd 
States  of  America  in  Congress  assembled.  That  the  secretaries  of  sUte, 
treasury,  war,  and  navy  departments,  diall  be,  and  they  are  hereby 
authorized  to  apportion  the  compensations  for  clerks  in  their  respective 
departments,  in  such  manner,  as  the  services  to  be  performed  shall,  in 
their  jndgttient,  require:  Proinded,  that  the  whole  amount  of  cvdinary 
compensations  for  clerks  in  the  said  department^  reflectively,  shafl  not 
exceed  the  following  sums,  annually,  that  is  to  say: 

For  the  department  of  state,  seven  thousand  one  hundred  and  fifty 
dollars. 

For  the  treasury  department,  forty-four  thousand  two  hundred  and 
twenty-seven  dollars  and  twenty-eight  cents,  that  is  to  say:  in  the  office 
of  the  Secretary  of  the  Treasury,  ten  thousand  two  hundred  andeishty- 
nine  dollars  and  eighty-one  cents;  in  the  office  of  comptroller  of  the 
treasury,  nine  thousand  and  sixty-seven  dollars;  in  the  office  of  the 
auditor,  eight  thousand  eight  hundred  and  eleven  ddlars;  in  the  office 
of  the  treasurer  of  the  United  States,  two  thousand  eight  hundred  and 
seventeen  doDars  forty-five  cents ;  and  in  the  office  of  the  register  of  the 
treasury,  thirteen  thousand  two  hundred  and  forty-two  dollars  and  two 
cents. 

For  the  department  of  war,  sixteen  thousand  five  hundred  and  forty 
dollars,  that  is  to  say :  in  the  office  of  the  secretary,  six  thousand  three 
hundred  and  forty  dollars;  in  the  office  of  the  accountant  of  the  war 
department,  eight  thousand  five  hundred  dollars;  and  in  the  office  of 
the  purveyor  of  public  supplies,  one  thousand  seven  hundred  dollars. 

For  the  department  of  the  navy,  twelve  thousand  nine  hundred  dollars, 
that  is  to  say:  in  the  office  of  the  secretary,  four  thousand  nine  hundred 
dollars;  and  in  the  office  of  the  accountant  of  the  navy  department, 
eight  thousand  dollars. 

Sec.  2.  And  be  it  Jwrther  enacted.  That  the  Postmaster-General  of 
the  United  States  shall  be,  and  hereby  b  authorized  to  appoint  such 
number  of  clerks  in  his  office,  as  he  shidl  judge  proper,  and  to  apportion 
their  compensations  in  such  manner  as  the  services  to  be  rendered  by 
each  shall,  in  his  judgment,  require:  Pnmided^  that  the  whole  amount 
of  ordinary  compensations  for  clerks  in  the  said  office,  shall  not  exceed 
the  sum  of  nine  thousand  three  hundred  and  forty-five  doUars,  annually. 

Sec.  3.  And  he  it  fierther  enacted.  That  the  director  of  the  mint  be, 
and  he  is  hereby  authorized  to  allow  to  one  of  the  clerks  employed  in 
his  office,  seven  hundred  dollars  per  annum ;  and  the  said  director  is 
hereby  authorized  to  expend  the  further  sum  of  one  thousand  doDars, 
annudly,  in  clerk  hire,  in  such  manner  as  his  discretion  shall  dictate. 
And  the  surveyor-^zeneral  i^  hereby  allowed  to  expend  twelve  hundred 
dollars,  annufdljr,  for  clerk  hire. 

Sec.  L  And  be  it  further  enacted.  That  there  shall  be  allowed  to  the 
commissioners  of  loans,  in  the  states  of  Massachusetts  and  New  York, 
respectively,  not  exceeding  five  clerks,  at  the  rate  of  five  hundred  dollars, 
each,  per  annum:  to  the  commissioner  of  loans  in  Connecticut,  not 
exceeding  two  clerks,  at  the  rate  of  four  hundred  doUars,  each,  per 
annum :  to  the  commissioner  of  loans  in  Pennsylvania,  not  exceeding 
six  clerks,  at  the  rate  of  five  hundred  dollars,  each,  annually:  to  the 


NINTH  CONGRESS.    Ssss.  I.  Ch.  41.    1806. 


307 


commiBrioners  of  loans  in  Virginia  and  Sooth  Carolina,  respectiveljr, 
not  exceeding  two  clerks,  at  the  rate  of  five  hundred  dollars,  each,  annu- 
ally: the  aggregate  of  compensations  for  clerks  employed  by  eiUier  of 
said  commissioners,  to  be  apportioned  among  them  at  his  discretion. 
And  there  shall  be  annually  allowed  in  lieu  of  clerk  hire,  to  the  com- 
missioner of  loans  in  the  state  of  New  Hampshire,  three  hundred  and 
fifty  dollars:  to  the  commissioner  of  loans  in  the  state  of  Rhode  Island, 
four  hundred  dollars :  to  the  commissioner  of  loans  in  the  state  of  New 
Jersey,  three  hundred  dollars:  and  to  the  commissioner  of  loans  in  the 
state  of  Maryland,  two  hundred  and  fifty  dollars. 

Sec.  5.  And  be  it  fitrther  enacted,  That  the  compensations  aUowed 
by  this  act  to  clerks,  shall  commence  with  the  year  one  thousand  eight 
hundred  and  seven ;  and  it  shall  be  the  duty  of  the  secretaries  for  the 
departments  of  state,  treasury,  war  and  navy,  and  of  the  Postmaster- 
General,  and  surveyor-general,  and  of  the  commissioners  of  loans  in  the 
sereral  states,  to  report  to  Congress,  at  the  beginning  of  each  year,  the 
names  of  the  clerks  they  have  employed,  respectively,  in  the  preceding 
year,  and  the  sum  given  to  each ;  and  whether  the  business  for  clerks 
increases  or  diminishes  in  their  respective  departments,  that  Congress 
may  be  enabled  to  make  further  arrangements  by  law,  respecting  clerk 
hire.  And  it  shall  be  the,  duty  of  the  Secretary  of  the  Treasury  parti- 
cularly to  report,  whether  the  business  in  the  loan  office  of  Pennsylvania 
shall,  from  year  to  year,  continue  to  require  the  additional  sum  of  two 
thousand  dollars  allowed  by  this  act  for  clerk  hire,  in  consequence  of 
the  removal  of  the  treasury  office  from  Philadelphia,  in  eighteen  hundred, 
to  the  permanent  seat  of  government ;  and  likewise  he  shall  report  the 
necessity,  if  such  shall  continue,  of  employing  clerks  on  the  business 
belonging  to  the  office  of  the  late  commissioner  of  the  revenue. 

Sec.  6.  And  be  it  Jurther  enacted,  That  hereafter,  in  case  of  the  re- 
moval of  any  public  office,  by  reason  of  sickness,  which  may  prevail  in 
the  town  or  city  where  such  office  is  located,  a  particular  account  of  the 
cost  of  such  removal  shall  be  laid  before  Congress,  that  they  may  be 
enabled  to  judge  of  the  proper  sum  to  be  allowed  for  the  same. 

Sec.  7.  And  be  it  Jurther  enacted,  That  the  President  of  the  United 
States  be,  and  he  hereby  is  authorized  to  cause  to  be  <n)ened  a  road 
from  the  frontier  of  Georgia,  on  the  route  from  Athens  to  New  Orleans, 
till  the  same  intersects  the  thirty-first  degree  of  north  latitude :  Provided, 
he  shall  not  expend  more  than  six  thousand  four  hundred  dollars  in 
opening  the  same.  And  to  cause  to  be  opened  a  road  or  roads  through 
the  territory  lately  ceded  by  the  Indians  to  the  United  States,  from  the 
river  Mississippi  to  the  Ohio,  and  to  the  former  Indian  boundary  line 
which  was  established  by  the  treaty  of  Grenville :  Provided,  he  shaU  not 
expend,  in  opening  the  same,  more  than  six  thousand  dollars.  And  to 
cause  to  be  opened  a  road  from  Nashville,  in  the  state  of  Tennessee,  to 
Natchez,  in  the  Mississippi  territory:  Provided,  he  shall  not  expend 
more  than  six  thousand  dollars  in  opening  the  same. 

Sec.  8.  And  be  it  jurther  enacted.  That  to  defray  the  expense  autho- 
rized by  this  act  beyond  the  appropriation  for  the  support  of  government, 
for  the  year  one  thousand  eight  hundred  and  six,  there  is  hereby  appro- 
priated a  sum  not  exceeding  twenty-«ight  thousand  dollars,  payable  out 
of  any  money  in  the  treasury,  not  otherwise  appropriated.  And  that  the 
act,  intituled  "An  act  to  regulate  and  fix  the  compensation  of  clerks," 
which  passed  on  the  second  day  of  March,  one  thousand  seven  hundred 
and  ninety-nine,  shall,  from  and  after  the  first  day  of  January  next,  be, 
and  the  same  is  hereby  repealed. 

Approved,  April  21,  1806. 


Aggr«g«te 
eompenutioiif. 


When  the 
compeniationf 
allowed  by  this 
act  are  to  corn- 


Heads  of  de- 
lenUi,  kc, 
to  report  to 
CoDffreu  the 
Damber  and 
names  of  their 
clerks. 

Secretarjr  of 
the  Treasnry  to 
report  whether 
the  basinets  in 
the  loan  oflSce 
of  Pennsylvania 
requires  addi. 
tional  allowance 
for  clerk  hire, 
kc.  To  report 
the  necessity 
likewise  of  em- 
ploying  clerks 
on  the  basiness 
of  the  late  com- 
missioner  of  ro- 
▼enae*s  office. 

In  case  of  the 
remoral  of  any 
public  office  on 
account  of  sick, 
ness,  the  cost 
of  such  remo- 
val to  be  laid 
before  Con- 


A  road  to  be 
opened  from  the 
frontier  of  Geor- 
gia to  New  Or. 


Limitation  of 
eipenditures. 


Appropriation. 


Repeal  of  a 
former  act. 

Act  of  March 
2, 1799,  eh.  40. 


2L 


NINTH  CONGRESS.    Sebs.  I.  Cu.  42,  43.     1806. 


Statute  I. 
April  21, 1806. 


For  defrayinip 
ihe  ezpensea  of 
the  navy  for  the 
year  1806. 


Specific    ap- 
propriations. 


Statute  I. 

April  21,  1806. 

Act  of  March 
3,  1807,  ch.  34. 

A  town  to  be 
laid  out  by  the 
governor  and 
pudges  of  Mich- 
igan. 

Titles  to  Iota 
to  be  adjusted 
and  settled  by 
them. 

Lou  to  be 
given  to  actaal 
settlers  of   the 
town  of  Detroit 
when  it  was 
hant,  if  they 


Chap.  XLII.— ^n  Jict  making  appropriaitoru  for  the  auppori  of  iUe  Navy  of  the 
United  StattB^  during  ike  year  one  thousand  eight  hundred  and  nx. 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled^  That  for  defraying  the  ex* 
penses  of  the  navy  of  the  United  States,  during  the  year  one  thousand 
eight  hundred  and  six,  the  following  sums  be,  and  the  same  are  hereby 
respectively  appropriated,  that  is  to  say: 

For  pay  and  subsistence  of  the  officers,  and  pay  of  the  seamen,  two 
hundred  and  ninety-one  thousand  one  hundred  and  nineteen  dollars. 

For  provisions,  one  hundred  and  fifty-seven  thousand  two  hundred 
and  fifty-four  dollars  and  thirty-four  cents. 

For  medicine,  instruments  and  hospital  stores,  seven  thousknd  five 
hundred  dollars. 

For  repairs  of  vessels,  store  rent,  pay  of  armorers,  freight  and  other 
contingent  expenses,  four  hundred  and  eleven  thousand  nine  hundred 
and  fifty  dollars. 

For  pay  and  subsistence  of  the  marine  corps,  including  provisions  for 
those  on  shore,  and  forage  for  the  staff,  sixty-six  thousand  and  twenty- 
eight  dollars  and  ten  cents. 

For  clothing  for  the  same,  fourteen  thousand  three  hundred  and  sixty 
dollars. 

For  military  stores  for  the  same,  one  thousand  one  hundred  and  thirty- 
five  doUars. 

For  medicine,  medical  services,  hospital  stores,  and  all  other  expenses 
on  account  of  the  sick,  belonging  to  the  marine  corps,  one  thousand  one 
hundred  and  fifty  dollars. 

For  quartermaster's  and  barrack  master's  stores,  officers'  travelling 
expenses,  armorer's  and  carpenter's  bills,  fuel,  premium  for  enlisting, 
musical  instruments,  bounty  to  music,  and  other  contingent  expenses, 
eight  thousand  one  hundred  and  forty-five  dollars. 

For  the  expense  of  navy  yards,  docks  and  other  improvements,  the 
pay  of  superintendents,  store-keepers,  clerks  and  labourers,  sixty  thou- 
sand dollars. 

For  ordnance,  fifty  thousand  dollars. 

For  completing  the  marine  barracks,  at  the  city  of  Washington,  three 
thousand  five  hundred  dollars. 

Sec.  2.  And  he  it  further  enacted^  That  the  several  sums  herein 
specificidly  appropriated,  shall  be  paid  out  of  any  monies  in  the  treasury, 
not  otherwise  appropriated. 

Approved,  April  21,  1806. 


Chap.  XLlII.-^^n 
town  (f  Detroit 


fn  Act  to  provide  for  ihe  adjustment  of  iiiles  of  land  in  the 
it  and  territory  of  Michigan^  and  for  other  purpous.{a) 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled^  That  the  governor  and  the 
judges  of  the  territory  of  Michigan  shall  be,  and  they,  or  any  three  of  them, 
are  hereby  authorized  to  lay  out  a  town,  including  the  whole  of  the  dd 
town  of  Detroit,  and  ten  thousand  acres  adjacent,  excepting  such  parts 
as  the  President  of  the  United  States  shall  direct  to  be  reserved  for  the 
use  of  the  military  department,  and  shall  hear,  examine,  and  finally  adjust 
all  claims  to  lots  therein,  and  give  deeds  for  the  same.  And  to  every 
person,  or  the  legal  representative  or  representatives  of  every  person, 
who  not  owning  or  professing  allegiance  to  any  foreign  power,  and  being 
above  the  age  of  seventeen  years,  did  on  the  eleventh  day  of  June,  one 
thousand  eight  hundred  and  five,  when  the  old  town  of  Detroit  was 


(a)  See  notes  to  act  of  March  3, 1807,  chap.  34. 


NINTH  CONGRESS.    Sess.  I.  Ch.  44,  45.     1806. 


309 


barnt,  own  or  inhabit  a  house  in  the  same,  there  shall  be  granted  by  the 
governor  and  the  judges  aforesaid,  or  any  three  of  them,  and  where  they 
ahall  judge  most  proper,  a  lot  not  exceeding  the  quantity  of  five  thousand 
flquare  feet. 

Sec.  2.  And  be  it  Jurther  enacted^  That  the  land  remaining  of  the 
said  ten  thousand  acres,  after  satisfying  claims  provided  for  by  the  pre- 
ceding section,  shall  be  disposed  of  by  the  governor  and  judges  afore- 
said, at  their  discretion,  to  the  best  advantage,  who  are  hereby  author- 
ized to  make  deeds  to  purchasers  thereof,  and  the  proceeds  of  the  lands 
so  disposed  of,  shall  be  applied  by  the  governor  and  judges  aforesaid, 
towards  building  a  courthouse  and  jail  in  the  town  of  Detroit,  and  the 
said  governor  and  judges  are  required  to  make  a  report  to  Congress,  in 
writing,  of  their  proceedings  under  this  act. 

Approved,  April  21,  1806. 


were  cititent  of 
the  United 
Statei. 


Land  undis- 
posed ofaccord- 
ing  to  the  pre- 
ceding  section 
to  be  sold  by 
the  governor 
and  judges. 


Statute  I. 


Chip.  XLIV.-^n  Ad  making  a  further  apprcpriation  iowarda  completing  the   AprU  31,  1806. 
»outh  wing  of  the  O^itol^  at  the  city  of  Washington,  

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United  Specific  ap- 
States  of  America  in  Congress  assembha,  That  a  sum  not  exceeding  propriation. 
forty  thousand  dollars,  shall  be,  and  the  same  is  hereby  appropriated,  to 
be  applied  under  the  direction  of  the  President  of  the  United  States, 
towards  completing  the  south  wing  of  the  Capitol,  at  the  city  of  Wash- 
ington, which  said  sum  shaU  be  paid  out  of  any  money  in  the  treasury, 
not  otherwise  appropriated. 

Approved,  April  21, 1806. 


Statuti  I. 


1799,  ch.  22. 

Collector  of 
Great  Egg  Har- 
bor  may  re- 
side  any  where 
in  his  district 
approved  of  by 
the  Secretary  of 
the  Treasury. 

Town  of  Da- 
rien  in  Georgia 
made  a  port  of 
delivery,  to  be 
annexed  to  the 
district  of 
Brunswick. 


Chap.  XLy.r-%tfn  Jet  to  amende  in  the  eases  therein  mentioned^  the  "  Jet  to  regU'   AprU  21, 1806. 
laie  the  eolteetion  of  dutia  on  imports  and  tonnageJ**  ~ 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  so  much  of  the  **  Act  to 
regulate  the  collection  of  duties  on  imports  and  tonnage,"  as  requires  the 
collector  for  the  district  of  Great  Egg  Harbor,  in  the  state  of  New  Jer- 
sey, to  reside  at  Somer's  Point,  be,  and  the  same  hereby  is  repealed ;  and 
the  said  collector  shall  reside  at  such  place  within  said  district,  as  may 
be  directed  by  the  Secretary  of  the  Treasury. 

Sec.  2.  And  be  it  Jurther  enacted.  That  the  town  or  landing  place 
of  Darien,  on  the  Alatamaha  river,  in  the  state  of  Georgia,  shaU  be  a  port 
of  delivery,  to  be  annexed  to  the  district  of  Brunswick,  and  shall  be 
subject  to  the  same  regulations  and  restrictions  as  other  ports  of  delivery 
in  the  United  States;  and  a  surveyor  shall  be  appointed  to  reside  at  the 
said  port  of  delivery,  who  shall  be  entitled  to  receive  one  hundred  dollars, 
annual  salary,  together  with  the  other  emoluments  of  office,  as  fixed  by 
existing  laws. 

Sec.  3.  And  be  it  Jurther  enacted,  That  Ocracocke  inlet,  in  North 
Carolina,  together  with  Shell  Casde  and  Beacon  islands,  and  all  the 
shores,  islands,  shoals,  bays  and  waters  within  two  miles  of  the  shores 
of  said  inlet,  on  each  side  thereof,  shall  be  a  dbtrict,  to  be  called  the 
district  of  Ocracocke ;  the  President  of  the  United  States  shall  be  autho- 
rized to  designate  such  place  in  the  said  district,  as  he  shall  think  pro- 
per, to  be  the  port  of  entry ;  and  a  collector  for  said  district  shall  be  ap- 
pointed to  reside  at  such  port  of  entry,  who,  in  addition  to  his  other 
emduments,  shall  be  entitled  to  receive  the  salary  now  allowed  to  the 
surveyor  of  Beacon  island,  and  no  other ;  and  shaU  also  perform  the  duties 
heretofore  enjoined  by  law  on  the  said  surveyor ;  but  no  duties  shaU  be 
paid,  or  secured  to  be  paid,  in  the  said  district  of  Ocracocke,  on  any 
articles  intended  for  any  other  port  connected  with  the  waters  of  the 


Ocracocke  in- 
let in  North  Car. 
olina,  made  the 
district  of  **  O- 
cracocke." 

Port  of  entry 
to  be  designat- 
ed  by  the  Presi- 
dent. 

Collector  to 
reside  there. 

His  compen- 
sation. 

Daties  on 
what  articles  to 
be  laid  and  col- 
lected. 


400 


NINTH  CONGRESS.    Sm.  I.  Ch.  46.    1806. 


Office  of  tar- 
▼eyor  of  Beacon 
island  abolish- 
ed. 


1799,  oh.  S2. 


Statute  T. 


said  inlet  of  Ocracocke,  sach  only  excepted  as  may  be  cast  away  within 
the  said  district.  The  office  of  surreyor  of  Beacon  island  shall  be  hence- 
forth abolished,  and  the  masters  or  commanders  of  every  ship  or  vessel 
coming  in  at  Ocracocke  inlet,  and  intending  to  unlade  her  cargo,  or  any 
part  thereof,  at  any  port,  other  than  the  district  of  Ocracocke,  connected 
with  the  waters  of  the  said  inlet,  as  well  as  the  masters  or  commanders 
of  all  lighters  or  coasting  vessels,  who  shall  receive  goods,  wares  or  mer- 
chandise, to  be  transported  to  any  such  port,  shall  be  bound  to  exhibit 
their  reports  and  manifests  to  the  said  collector,  and  to  perform  all  the 
other  duties,  which,  by  the  eighteenth  section  of  the  act,  intituled  ''An 
act  to  regulate  the  collection  of  duties  ou  imports  and  tonnage,"  they 
are  now^und  to  perform,  under  similar  circumstances,  in  the  inlet  aforo* 
said. 

Approved,  April  21,  1806. 


1R03,  ch.  27. 

Persons  losing 
their  lands  un- 
der pre-emption 
eertiiieates  en- 
'  titled  to  others. 


April  21, 1806-  Gbap.  XhYl^-'^nJetinaddition  io  an  ad^  UMukd^^Jn  ad  r^uiaiing  the 
granUcf  land  and  promdifig  for  the  dupo§al  of  the  londi  cf  the  imited  SaUe^ 
oouth  tfthe  9taU  of  7^nne8ue?\a) 

Be  ii  auuted  hy  the  Senate  and  House  of  Rmmeniatives  of  the  United 
States  of  America  in  Congress  eusembud,  That  whenever  any  person 
who  shall  have  received  pre-emption  certificates  from  either  of  the  boards 
of  commissioners,  appointed  for  the  purpose  of  ascertaining  the  rights 
of  persons  to  lands  in  the  Mississippi  territory,  shaU,  by  a  final  judgment 
or  decree  of  the  highest  court  of  law,  or  equity,  in  which  a  decision 
could  be  had,  within  the  said  territory,  rendered  in  fiivour  of  another  per- 
son claiming  by  virtue  of  a  British  patent,  lose  the  whde  or  part  of  the 
tract  of  land  to  which  he  was  entitled  by  virtue  of  such  certificate,  it  shall 
be  lawful  for  the  receiver  of  public  monies  for  the  district  where  the  land 
lies,  to  repay  to  such  person  or  his  assigns,  so  much  of  the  purchase 
money  as  had  been  paid  by  him  for  the  land  thus  recovered,  by  the 
holder  of  the  British  patent 

In  all  cases  where  only  a  part  of  a  tract  of  land,  to  which  any  person 
may  be  entitled  by  virtue  of  a  certificate  granted  by  the  commissioners 
aforesaid,  is  also  claimed  by  the  holder  of  a  British  patent,  a  patent  may 
issue  in  favour  of  the  owners  of  such  certificate,  for  so  much  of  such  tract 
of  land  as  is  not  claimed  by  virtue  of  such  British  patent :  Provided,  that 
he  shall  in  every  other  respect  have  complied  with  the  provisions  of  the 
acts  of  Congress,  regulating  the  grants  of  land  in  the  Mississippi  terri- 
tory. And  the  lands  contained  in  British  grants,  which  have  been  duly 
recorded  in  conformity  with  the  provisions  of  former  laws,  and  for 
which  certificates  have  not  been  granted  by  the  commissioners  aforesaid, 
shall  not  be  disposed  of  until  otherwise  directed  by  Congress. 

Sec.  %  And  be  it  further  enacted,  That  persons  entitled  to  a  right 
of  pre-emption  to  lands  in  the  Mississippi  territory,  by  virtue  of  certifi- 
cates granted  by  either  of  the  boards  of  commissioners  aforesaid,  shall  be 
allow^  till  the  first  day  of  January,  one  thousand  eight  hundred  and 
seven,  to  make  the  first  payment  of  the  purchase  money  of  such  lands : 
and  if  any  such  person  shall  neglect  to  make  such  first  payment,  on  or 
before  the  first  day  of  January,  one  thousand  eight  hundred  and  seven, 
his  right  of  pre-emption  shall  cease  and  become  void. 

Sec.  3.  And  be  it  further  enacted.  That  each  of  the  commissioners 
appointed  to  ascertain  the  claims  to  lands  in  the  above-mentioned  terri- 
tory, west  of  Pearl  river,  shall  be  allowed  at  the  rate  of  six  doUars  for 
every  day  he  shall  attend,  subsequent  to  the  first  day  of  April,  one 
thousand  eight  hundred  and  six:  Provided,  that  such  additional  allow- 
ance shall  not  exceed  five  hundred  dollars  for  each  commissioner ;  and 


Interfering 
claims  under 
British  patents 
and  certificate* 
from  the  com- 
missioners, how 
to  be  settled. 

Proviso. 


Rights  ofpre- 
emption  to 
lands  in  the 
Mississippi  ter- 
ritory by  what 
time  to  be  paid 
for. 

Penalty  of  ne* 
gleet  of  pay. 
ment. 

Compensation 
of  commission- 
ers. 


Proviso. 


(A)  See  act  of  March  3, 1803,  chap.  27. 


NINTH  CONGRESS.    Sesb.  I.  Ch.  46.    1806. 


401 


the  agent  appointed  in  behalf  of  the  tJnited  States  for  the  said  board 
shallbe  allowed  an  additional  compensation  of  three  hundred  and  fifty 
dollars  for  the  whole  of  his  services.  And  the  register  and  receiver  of 
public  monies,  in  each  of  the  districts  of  the  above-mentioned  territory, 
shall,  and  they  are  hereby  authorized,  in  their  districts,  respectively,  and 
after  the  dissolution  of  the  board  of  commissioners  for  their  district,  to 
regulate  the  location  of  any  tract  of  land  lying  within  such  district,  for 
which  a  certificate  shall  have  been  granted  by  the  commissioners,  when- 
ever it  shall  appear  that  the  location  specified  in  such  certificates,  inter- 
fere with  each  other,  or  do  not  include  the  improvements,  by  virtue  of 
which  such  certificates  were  granted:  Pranided,  that  the  said  register 
and  receiver  shall  not  be  authorized  to  allow  any  location  on  land  not 
improved  and  settled,  in  the  manner  provided  by  the  former  acts  of  Con- 
gress regulating  the  grants  of  land  in  the  above-mentioned  territory ; 
nor  to  allow,  in  any  case,  a  greater  quantity  of  land  than  had  been  al- 
lowed by  the  commissioners. 

Sec.  4.  And  be  it  Jurtlur  enacted.  That  whenever  it  shall  appear  to 
the  satisfaction  of  the  register  and  receiver  of  the  district,  east  of  Pearl 
river,  that  the  settlement  and  occupancy,  by  virtue  of  which  a  pre-emp- 
tion certificate  had  ^n  granted  by  the  commissioners,  had  been  made 
and  taken  place,  prior  to  the  30th  day  of  March,  one  thousand  seven 
hundred  and  ninety-ei^ht,  they  shall  be  authorized  to  grant  to  the  party 
a  donation  certificate,  in  lieu  of  such  preemption ;  and  the  patent  shall 
issue  as  in  other  cases  of  donations :  Prmnaefij  that  application  shall  be 
made  for  such  an  exchange,  and  evidence  produced  of  the  date  of  such 
settlement  and  occupancy,  on  or  before  the  thirty-first  day  of  December 
next 

Sec.  5.  And  he  it  further  enacted.  That  the  right  of  the  United  States, 
to  all  the  land  lying  between  the  front  street  of  the  city  of  Natchez  and 
the  Mississippi  river,  and  bounded  on  the  north  by  north  Fourth  street, 
and  the  land  granted  to  Stephen  Minor,  and  on  the  south,  by  the  lands 
annexed  to  the  old  fort,  and  those  granted  to  William  Barlaud,  be,  and 
the  same  hereby  is,  for  ever  vested  in  the  corporation  of  said  city,  so  as 
not  to  affect  the  legal  or  equitable  claims  of  any  individuals,  or  of  any 
body  politic,  or  corporate,  if  any  such  there  be :  Provided,  that  the  said 
land,  as  above  described,  be  neither  cultivated  nor  occupied  by  buildings, 
but  that  it  be  planted  with  trees,  and  preserved  as  a  common,  for  &e 
nse,  comfort,  and  health  of  the  inhabitants  of  the  city  aforesaid,  and  all 
other  persons  who  may  occasionally  resort  thither. 

Sec.  6.  And  be  it  Jvrther  enacted.  That  whenever  the  section  Na 
16,  shall  fall  upon  land  already  granted,  by  virtue  of  any  act  of  Congress, 
or  claimed  by  virtue  of  a  British  grant,  the  Secretary  of  the  Treasury 
shall  locate  another  section,  in  lieu  thereof,  for  the  use  of  schools,  which 
location  shall  be  made  in  the  same  township,  if  there  be  any  other 
vacant  section  therein,  and  otherwise,  in  an  adjoining  township. 

Sec.  7.  And  be  it  Jwrther  enacted,  That  Richard  Sparks  be  permit- 
ted to  enter  with  the  register  of  the  land-office,  for  the  district  west  of 
Pearl  river,  his  claim  to  three  hundred  and  twenty  acres  of  land,  lying 
within  said  district ;  and  that  Richard  S.  Bryan,  and  George  Brewer, 
senior,  be  permitted  to  enter  with  the  register  of  the  land-office,  for  the 
district  east  of  Pearl  river,  their  certificate  of  a  right  of  preemption  for 
three  hundred  and  twenty  acres  of  land,  lying  within  the  district  last 
mentioned :  and  such  entry  of  the  claim  of  Uie  said  Richard  Sparks  shall 
have  the  same  efiect,  as  if  it  had  been  made  prior  to  the  first  day  of  De- 
cember, obe  thousand  eight  hundred  and  four,  and  such  entry  of  the 
certificate  of  the  said  Richard  S.  Bryan  and  George  Brewer,  senior, 
shall  have  the  same  effect  as  if  it  had  been  made  within  three  monUis 
firom  the  time  it  was  issued. 

Approted,  April  21, 1S06. 

Vol.  II.— 61  3l2 


Registera  and 
recei?en  of 
public  monies 
to  have  diacre- 
tionarj  powen 
with  regard  to 
certain  loca- 
tions, Itc.  kc. 


Proviso. 


Register  and 
receiver  of  the 
district  east  of 
Pearl  river  an- 
tborixed  to  grant 
donatioB  certifi- 
catos  in  certain 


Proviso. 


Right  of  the 
United  Suteein 
land  near  and 
adjoining  to 
Natehei,  vested 
in  the  corpora- 
tion of  that  city. 


Proviso. 


Sec.  No.  16, 
how  to  be  locat- 
ed if  it  shaU 
have  fallen  up- 
on any  land 
claimed  bv  vir- 
tue of  a  British 
grant 

Where  Richard 
Sparks'  claim  is 
to  be  entered. 

Also  those  of 
Richard  S.  Bry- 
an and  George 
Brewer,  Senr. 


402 


NINTH  CONGRESS.    Se33.  L  Ch.  47,  48.     1806. 


Statute  I. 
April  21,  1806. 

Sum  appropri- 
ated  fortiie  for- 
tification of  the 
ports  and  har- 
bon  of  the  U. 
States. 


Sum    appro- 
priated  for 
buildius   gun 
boats  tor  tho 
protection  of 
the  harbors,  &c. 
&c.   of  the   U. 
Sutes. 

President  an- 
thorized  to  offi. 
cer,  man  and 
equip  them. 


Armed  vessels 
of  the  United 
States  may  be 
sold,  at  the  dis- 
cretion of  the 
President. 

Appropriations 
—out  of  what 
funds  to  be  paid. 


Statute  I. 


Chap.  XhYU.^JnJctforfortifyl 
and  for 


the  porta  and  harbors  of  the  United  StateSf 
ng  Gun  Boats, 


Be  it  enacted  hy  the  Senate  and  House  of  Represeniaiives  of  the  United 
States  of  America  in  Congress  assembled,  That » a  aom  of  money,  not 
exceeding  one  hundred  and  fifty  thousand  dollars,  in  addition  to  the 
sums  heretofore  appropriated,  shall  be,  and  the  same  is  hereby  appro- 
priated, to  enable  the  President  of  the  United  States  to  cause  the  ports 
and  harbors  of  the  United  States  to  be  better  fortified  and  protected. 

Sec.  2.  And  be  it  further  enacted.  That  a  sum  of  money,  not  exceed- 
ing two  hundred  and  fifty  thousand  dollars,  in  addition  to  the  soms  here- 
tofore appropriated,  shall  be,  and  the  same  is  hereby  appropriated,  to 
enable  the  President  of  the  United  States  to  cause  to  be  built  and  com<^ 
pleted  a  number  of  gun  boats,  not  exceeding  fifty,-  for  the  protection  of 
the  harbors,  coasts,  and  commerce  of  the  United  States ;  and  the  Presi- 
dent is  hereby  authorized  to  officer,  man  and  equip  any  part,  or  all  of 
said  gun  boats,  when  he  shall  judge  the  same  expedient,  for  the  purposes 
aforesaid ;  and  a  sum  not  exceeding  twenty  thousand  dollars  is  hereby 
appropriated  to  defray  any  expense  which  may  be  incurred  by  officering^ 
manning  and  equipping  gun  boats,  as  aforesaid. 

Sec.  3.  And  be  it  further  enacted,  That  the  President  of  the  United 
States  may  direct  any  of  the  armed  vessels  of  the  United  States  to  be 
sold,  whenever  he  shall  be  of  opinion  that  the  said  vessel  is  so  much  out 
of  repair,  that  it  will  not  be  for  the  interest  of  the  United  States  to  repair 
the  same. 

Sec.  4.  And  be  it  further  enacted.  That  the  several  sums  of  money 
hereby  appropriated,  shall  be  paid  out  of  any  money  in  the  treasury  of 
the  United  States,  not  otherwise  appropriated. 

Approved,  April  21,  1806. 


April  21, 1806.     Cbap.  XLVIII.— wtfn  M  for  edabUihing  trading  hotuea  with  the  Indian  tribef. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  it  shall  be  lawful  for 
the  President  of  the  United  States,  to  establish  trading  houses  at  such 
posts  and  places  on  the  frontiers,  or  in  the  Indian  country,  on  either  or 
both  sides  of  the  Mississippi  river,  as  he  shall  judge  most  convenient 
for  the  purpose  of  carrying  on  a  libera]  trade  with  the  several  Indian 
nations,  within  the  United  States,  or  their  territories. 

Sec.  2.  And  be  it  further  enacted,  That  the  President  of  the  United 
States  shall  be  authorized  to  appoint  a  superintendent  of  Indian  trade, 
whose  duty  it  shall  be  to  purchase  and  take  charge  of  all  goods  intended 
for  trade  with  the  Indian  nations  aforesaid,  and  to  transmit  the  same  to 
such  places  as  he  shall  be  directed  by  the  President.  And  he  shall  take 
an  oath  or  affirmation  faithfully  to  execute  the  trust  committed  to  him, 
and  that  he  will  not  directly,  or  indirectly,  be  concerned,  or  interested 
in  any  trade,  commerce,-  or  barter,  but  on  the  public  account ;  and  he 
shall  also  give  bond,  in  the  penal  sum  of  twenty  thousand  dollars,  with 
sufficient  security,  to  be  approved  of  by  the  Secretary  of  the  Treasury 
of  the  United  States,  truly  and  honestly  to  account,  for  all  the  money, 
goods  and  other  property,  whatever,  which  shall  come  into  his  hands,  or 
for  which  in  good  faith  he  ought  so  to  account,  and  to  perform  all  the 
duties  requir^  of  him  by  this  act ;  and  his  accounts  shall  be  made  up 
quarter  yearly,  and  transmitted  to  the  Secretary  of  the  Treasury. 

Sec.  3.  And  be  it  further  enacted.  That  the  superintendent  of  In- 
dian trade  shall  receive  an  annual  salary  of  two  thousand  dollars,  payable 
quarter  yearly,  at  the  treasury  of  the  United  States. 

Sec.  4.  And  be  it  further  enacted,  That  the  President  of  the  United 


Act  of  April 
18, 1796, ch.  13. 
Trading  houses 
how  to  be  es. 
tablishedatsuch 
ports  and  places 
on  the  frontiers 
as  the  President 
msy  choose. 

Superintend- 
ent of  Indisn 
trade. 

His  duties. 


Supplemental 
act  1809,  ch.  34. 
Repealed  1811, 
ch.  30. 


His  compen- 
sation. 


NINTH  CONGRESa    Sbs&  I.  Ch.  48.    180C. 


403 


States  shall  be  authorized  to  appoint  an  agent  for  each  trading  house 
established  under  the  provisions  of  this  act ;  and  every  such  agent  shall 
give  bond  with  sufficient  security  in  such  sum  as  the  President  shall 
direct,  truly  and  honestly  to  account  for  all  the  money,  goods,  and  other 
property  whatever,  which  shall  come  into  his  hands,  and  for  which  he 
ought  so  to  account,  and  to  perform  all  the  duties  required  of  him  by 
this  act. 

Sec.  5.  And  be  ii  Jurther  enacted,  That  it  shall  be  the  duty  of  each 
of  the  said  agents,  to  receive  from  the  superintendent  of  Indian  trade, 
and  dispose  of,  in  trade  with  the  Indian  nations  aforesaid,  such  goods 
as  may  be  transmitted  to  him  by  the  said  superintendent;  to  be  received 
and  disposed  of  as  aforesaid,  according  to  the  rules  and  orders  which 
the  President  of  the  United  States  shall  prescribe ;  and  every  such  agent 
shall  take  an  oath  or  affirmation,  faithfully  to  execute  the  trust  commit- 
ted to  him ;  and  that  he  will  not,  directly  or  indirectly,  be  concerned  or 
interested  in  any  trade,  commerce  or  barter,  but  on  the  public  account, 
and  he  shall  render  an  account  quarter  yearly  to  the  superintendent  of 
Indian  trade,  of  all  money,  goods,  and  other  property  whatsoever,  which 
shall  be  transmitted  to  him,  or  which  shall  come  into  his  hands,  or  for 
which,  in  good  faith  he  ought  to  account ;  and  he  shall  transmit  du- 
plicates of  his  accounts  to  the  Secretary  of  the  Treasury  of  the  United 
States. 

Sec.  6.  And  he  U  further  enacted,  That  the  superintendent  of  Indian 
trade,  the  agents,  their  clerks,  or  other  persons  employed  by  them,  shall 
not  be,  directly  or  indirectly,  concerned  in  exporting  to  a  foreign  conn- 
try,  any  peltries  or  furs  belonging  to  the  United  States,  or  interested  in 
carrying  on  the  business  of  trade  or  commerce,  on  their  own,  or  any 
other  than  the  public  account,  or  take  or  apply  to  his  or  their  own  use, 
any  emolument  or  gain  for  negotiating  or  transacting  any  business  or 
trade,  during  his  or  their  appointment,  agency  or  employment,  other 
than  provided  by  this  act,  or  excepting  for  or  on  account  of  the  United 
States.  And  if  any  such  person  shall  offend  against  any  of  the  prohi- 
bitions aforesaid,  he  shall  be  deemed  guilty  of  a  misdemeanor,  and  shall, 
upon  conviction  thereof,  forfeit  to  the  United  States  a  sum  not  exceed- 
ing one  thousand  doUars,  and  shall  be  removed  from  such  office,  agency 
or  employment,  and  forever  thereafter,  be  incapable  of  hdding  any 
office  under  the  United  States :  Provided,  that  if  any  person,  other  than 
a  public  prosecutor,  shall  give  information  of  any  such  offence,  upon 
which  a  prosecution  and  conviction  shall  be  had,  one  half  of  the  afore- 
said penalty,  when  received,  shall  be  for  the  use  of  the  person  giving 
such  information :  And  provided  also,  that  if  such  misdemeanor  be  com- 
mitted by  the  superintendent  of  Indian  trade,  or  by  any  agent,  it  shall 
be  deemed  a  breach  of  the  condition  of  hb  bond,  and  the  penalty 
thereof  may  be  recovered  in  any  court  having  competent  jurisdiction  of 
the  same. 

Sec.  7.  And  be  it  further  enacted,  That  the  prices  of  goods  supplied 
to,  and  to  be  paid  for,  by  the  Indians,  shall  be  regulated  in  such  manner, 
that  the  capital  stock,  furnished  by  the  United  States,  shall  not  be 
diminished. 

Sec.  8.  And  be  it  further  enacted,  That  during  the  continuance  of 
this  act,  the  annual  sum  of  three  thousand  dollars  be,  and  the  same  is 
hereby  appropriated  for  the  payment  of  the  salary  of  the  superintendent 
of  Indian  trade  and  his  clerks,  to  be  paid  out  of  any  money  in  the  tresr 
sary  of  the  United  States,  not  otherwise  appropriated. 

Sec.  9.  And  be  it  further  enacted,  That  during  the  continuance  of 
this  act,  the  President  of  the  United  States  be,  and  he  is  hereby  autho- 
rized to  draw  annually  from  the  treasury  of  the  United  States  a  sum  not 
exceeding  ten  thousand  dollars,  to  be  applied  under  his  direction  to  the 
payment  ef  th^  agents  and  clerks;  which  agents  shall  be  aOowed  to 


Agents  for  the 
trading  houses 
established  by 
this  act  to  be 
appointed  by  the 
President, 


Agents  to  re- 
ceive and  dis. 
pose  of  in  trade 
among  the  In- 
dians,  goods 
from  the  super- 
intendent: ac- 
coiding  to  rules 
and  regulations 
of  the  Presi. 
dent. 

Oath  of  the 
agents. 

Quarter  yearly 
accounts   to  be 
rendered     by 
them  to  the  su- 
perintendent. 

Duplicates  to 
be  sent  to  the 
Secretary  of  the 
Treasury. 

Agents,  ftc. 
kc.  not   to  be 
concerned    in 
exporting,   di- 
rectly or  indi. 
rectly,  the  furs 
and  peltries  of 
the  United 
States,    or   be 
concerned    in 
trade,  kc.  &c. 
but  on  the  pub- 
lic account. 

Their  emolu- 
ments limited  to 
the  pay  of  the 
United  Sutes. 

Penalties. 

Proviso. 


Proviso. 


Prices  of  goods 
furnished  the 
Indians  to  be  so 
regulated  as  that 
the  capital  stock 
is  not  to  be  di- 
minished. 

Annual  appro- 
priation for  pay- 
ing superintend- 
ent    and   his 
clerks. 

President  may 
draw  a  sum  of 
raonepr  every 
year  for  the  pay. 
ment  of  agenU 
and  clerks. 

Agents   and 


404 


NINTH  CONGRESS.    Sebs.  I.  Ch.  49.    1800. 


clerki    entitled 
to  draw  ntioiu. 

Sum  appro- 
priated ror  the 
trade  and  inter- 
eoorae  of  the 
United  Sutes 
with  the  Indian 
tribe*. 


Penaltiea   for 
parchaaing  cer- 
tain    artidea 
from  the  Indi- 


ProTiao. 


The  fora  and 
peltriea  belong- 
ing to  the  U. 
Suteatobeaold 
at  pablic  auc- 
tioa  afler  notice 
shall  have  been 
pobliahed. 


Duration    of 
this  act. 

Continued 
1809,  ch.  34. 

Statutc  I. 

April  21,1806. 


Penalties  for 
falsely  making 
and  uttering 
coins  of  the  U. 
States,  or  of  for- 
eign countries 
made  current 
here. 


draw  oat  of  the  pablic  sopplies  two  rations  each,  and  each  derk  out 
ration  per  day. 

Sec.  10.  And  be  it  Jurther  enacted^  That  the  sum  of  two  hundred 
and  sixty  thousand  dollars,  including  the  sums  heretofore  appropriated, 
and  applied  to  the  like  purpose,  and  exclusive  of  the  salary  of  the  super- 
intendent of  Indian  trade,  and  of  the  allowances  to  agents  and  clerks, 
be,  and  the  same  is  hereby  appropriated,  for  the  purpose  of  carrying  on 
trade  and  intercourse  with  the  Indian  nations,  in  the  manner  aforesaid, 
to  be  paid  out  of  any  monies  in  the  treasury  of  the  United  States,  not 
otherwise  appropriated. 

Sec.  11.  And  he  it  JurtJker  enacted.  That  if  any  agent  or  agents, 
their  clerks,  or  other  person  employed  by  them,  shall  purchase  or  receive 
from  any  Indian,  in  the  way  of  trade  or  barter,  any  gun,  or  other  article 
commonly  used  in  hunting ;  any  instrument  of  husbandry  or  cooking 
utensil,  of  the  kind  usuuly  obtained  by  Indians  in  their  intercourse 
with  white  people,  or  any  article  of  clothing,  excepting  skins  or  furs,  he 
or  they  shall  respectively  forfeit  the  sum  of  one  hundr^  dollars  for  each 
offence,  to  be  recovered  by  action  of  debt,  in  the  name  and  to  the  ase 
of  the  0nited  States,  in  any  court  having  jurisdiction  in  like  cases : 
Provided,  that  no  suit  shall  be  commenced  except  in  the  state  or  terri- 
tory within  which  the  cause  of  action  shall  have  arisen,  or  in  which  the 
defendant  may  reside.  And  it  shall  be  the  duty  of  the  superintendent 
of  Indian  trade,  or  of  the  superintendents  of  Indian  affairs,  and  their 
deputies  respectively,  to  whom  information  of  every  such  ofience  shall 
be  given,  to  collect  the  requisite  evidence,  if  attainable,  to  prosecute  the 
offender  without  delay. 

Sec.  12.  And  be  it  further  enacted,  That  it  shall  be  the  duty  of  the 
said  superintendent  of  Indian  trade,  under  the  direction  of  the  Presi- 
dent of  the  United  States,  to  cause  the  said  furs  and  peltry  to  be  sold  at 
public  auction,  public  notice  whereof  shall  be  jriven  three  weeks  pre- 
vious to  such  sale,  in  different  parts  of  the  United  States,  making  an 
equal  distribution  of  the  same,  in  proportion  to  the  demand  of  the  mar- 
ket, and  as  may  be  deemed  most  advantageous  to  the  United  States,  and 
upon  such  terms  and  conditions  as  shall  be  prescribed  by  the  Secretary 
of  War :  Provided,  that  there  shall  not  be  less  than  six  annual  public 
sales,  of  the  said  furs  and  peltry,  and  that  the  superintendent  of  Indian 
trade  shall  not  hold  more  than  two  such  sales  in  any  state,  during  any 
one  year. 

Sec.  13.  And  be  it  further  enacted.  That  this  act  shall  be  in  force 
for  and  during  the  term  of  three  years,  and  no  longer. 

Approved,  Apri|  21,  1806. 


Chap.  XLIX.— .^n  Act  fw  the  puni$hmerU  ef  eounteffeiting  the  current  coin  tf 
the  United  SUateti  and  for  other  purpouM. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  if  any  person  shall  falsely 
make,  forge  or  counterfeit,  or  cause  or  procure  to  be  falsely  made, 
forged,  or  counterfeited,  or  willingly  aid  or  assist,  in  falsely  making, 
forginff  or  counterfeiting,  any  gold  or  silver  coins,  which  haye  been  or 
which  tiereafter  shall  be  coined  at  the  mint  of  the  United  States,  or  who 
shall  falsely  make,  forge,  or  counterfeit,  or  cause,  or  procure  to  be  falsely 
made,  forged,  or  counterfeited,  or  willinp^ly  aid  or  assist  in  falsely  mak- 
ing, forging,  or  counterfeiting  any  foreign  gold  or  silver  coins,  which, 
by  law  now  are  or  hereafter  shall  be  made  current,  or  be  in  actual  use 
and  circulation  as  money  within  the  United  States ;  or  who  shall  utter, 
as  true,  any  false,  forged,  or  counterfeited  coins  of  gold  or  silver,  as 
aforesaid,  for  the  payment  of  money,  with  intention  to  defraud  any  per- 
son or  persons,  knowing  the  same  to  be  falsely  made,  forged  or  counter- 


NINTH  CONGRESS.    Sbss.  I.  Ch.  50.     1806. 


405 


felted ;  any  such  person,  so  offending,  shall  be  deemed  and  adjudged 
gailty  of  fdony,  and  being  thereof  convicted  according  to  the  due  course 
of  law,  shaU  be  sentenced  to  imprisonment,  and  kept  at  hard  labour  for 
a  period  not  less  than  three  years,  nor  more  than  ten  years ;  or  shall  be 
imprisoned  not  exceeding  five  years,  and  fined  not  exceeding  five  thou« 
sand  dollars. 

Sbc.  2.  And  be  it  ^fiarther  enacted^  That  if  any  person  shall  import 
or  bring  from  any  foreign  place  into  the  United  States,  any  false,  forged, 
or  counterfeit  gold  or  silver  coins,  which  are  by  law  made  current,  or  are 
in  actual  use  and  circulation,  as  money  within  the  United  States,  with 
the  intent  to  utter,  or  make  payment  with  the  same,  knowing  the  same 
to  be  falsely  made,  forged,  or  counterfeited ;  or  who  shall  utter,  as  true, 
any  such  false,  forged,  or  counterfeited  coins  of  gold  or  silver,  as  afore- 
said, for  the  payment  of  money,  with  intention  to  defraud  any  person  or 
persons,  knowing  the  same  to  be  falsely  made,  forged,  or  counterfeited, 
the  person  so  onending  shall  be  deemed  guilty  of  felony,  and  being 
thereof  convicted  according  to  the  due  course  of  law,  shall  be  sentenced 
to  imprisonment  and  kept  at  hard  labour  for  a  period  not  less  than  two 
years,  nor  more  than  eight  years ;  or  shall  be  imprisoned  not  exceeding 
two  years,  and  fined  not  exceeding  four  thousand  dollars. 

Sec.  3.  And  be  it  fiarther  enacted,  That  if  any  person  shaU  fi-audu- 
lently  and  for  gain's  sake,  by  any  art,  way,  or  means  whatsoever,  impair, 
diminish,  falsify,  scale,  or  lighten  the  gold  or  silver  coins,  which  have 
been,  or  which  shall  hereafter  be  coined  at  the  mint  of  the  United 
States ;  or  any  foreign  gold  or  silver  coins,  which  are  by  law  made  cur- 
rent, or  are  in  actuS  use  and  circulation  as  money  within  the  United 
States,  every  person  so  offending  shall  be  deemed  guilty  of  a  high  mis- 
demeanor, and  shall  be  imprisoned  not  exceeding  two  years,  and  fined 
not  exceeding  two  thousand  dollars. 

Sec.  4.  And  be  it  further  enacted.  That  nothing  in  this  act  contained, 
shfdl  be  construed  to  deprive  the  courts  of  the  individual  states  of  juris- 
diction, under  the  laws  of  the  several  states,  over  offences  made  punish- 
able by  this  act. 

Approted,  April  21,  1806. 


Chap.  L. — An  Jet  to  repeal  so  nmeh  of  any  act  or  acts  as  authorize  the  receipt 
of  evidences  cf  the  public  debt,  in  payment  for  lands  of  the  United  States  ,- 
and  for  other  purposes,  relative  to  the  public  debt. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  so  much  of  any  act  or 
acts  as  authorize  the  receipt  of  evidences  of  the  public  debt,  in  payment 
for  the  lands  of  the  United  States,  shall  from  and  after  the  thirtieth  day 
of  April,  one  thousand  eight  hundred  and  six,  be  repealed :  Provided, 
that  the  right  of  all  persons  who  may  have  purchased  public  lands  pre- 
vious to  the  passage  of  this  act,  to  pay  for  the  same  in  stock,  shall  in  no 
wise  be  affected  or  impaired :  And  provided  further,  that  there  shall  be 
allowed  on  every  payment  made  in  money,  at  or  before  the  same  shall 
fall  due,  for  lands  purchased  before  the  thirtieth  day  of  April,  one  thou- 
sand eiffht  hundred  and  six,  in  addition  to  the  discounts  now  allowed  by 
law,  a  deduction  equal  to  the  difference  at  the  time  of  such  payment, 
between  the  market  price  of  six  per  cent  stock  and  the  nominal  value 
of  its  unredeemed  amount,  which  market  price  shall,  from  time  to  time, 
be  stated  by  the  Secretary  of  the  Treasury  to  the  officers  of  the  several 
land-offices. 

Sec.  2.  And  be  it  further  enacted,  That  the  commissioners  of  the 
sinking  fund  shall  not  be  authorized  to  purchase  any  of  the  several  spe- 
cies of  the  public  debt,  at  a  higher  price  than  at  the  rates  following,  that 
is  to  say ;  they  shall  not  pay  more  for  three  per  cent,  stock  than  sixty 


Penalties  op- 
OB  thoM  woo 
■hall  import  in- 
to the  United 
States  any  false 
or  eonnterfeit 
coins  to  be  cir* 
ciliated  in  this 
country. 


Act  of  March 
3,  1835,  ch.  e5, 
sec.  20. 


Penalties  for 
impairing,  fitlsi. 
fving,  &c.  kc. 
the  coins  of  the 
United  SUtes, 
or  those  of  for- 
eign conntries 
in    circulation 


Jurisdiction 
of  the  individu- 
al states  not  to 
be    affected  by 
this  act. 


Statute  I. 
April  18,  1806. 


Repeal  of 
such  acts  as  au- 
thorite    the  re- 
ceipt   of  evi- 
dences of  public 
debt  in  payment 
for  land    afler 
the   30th  of 
April,  1806. 

Proviso. 


Rates  at  which 

Eurchases    may 
e  made  of  the 
public  debt  of 
the  United 
SUtes. 


406 


NINTH  CONGRESS.     Siss9. 1.  Ch.  51.     1806. 


Repeal  of  p&rt 
ofarormerlaw, 
restricting  the 
commiuioners 
ac  to  the  mode 
and  time  of  por- 
chaaea. 


1792,  ch.  38, 
sec.  1,  S. 


Statitte  I. 


per  cent,  of  its  nominal  valae ;  nor  for  any  other  species  of  the  public 
debt  more  than  the  nominal  value  of  its  unredeemed  amount,  the  eight 
per  cent  stock  only  excepted ;  for  which  they  shall  be  authorized,  in 
addition  thereto,  to  ewe  at  the  rate  of  one  half  of  one  per  cent  on  the 
said  nominal  value,  for  each  quarterly  dividend  which  may  be  payable 
on  such  purchased  stock,  from  the  time  of  such  purchase  to  the  first  day 
of  January,  one  thousand  eight  hundred  and  nine. 

Sec.  3.  And  be  it  further  enacted,  That  so  much  of  any  act  as 
directs  that  purchasers  of  the  public  debt,  by  the  commissioners  of  the 
sinking  fund,  shall  be  made  within  the  thirty  days  next  ensuing  after 
each  day  on  which  a  quarterly  payment  of  interest  on  the  debt  of  the 
United  States  shall  become  due:  and  also  so  much  of  any  act  as  directs 
that  the  said  purchases  shall  be  made  by  open  purchase  or  by  sealed 
proposals,  be,  and  the  same  hereby  is  repealed.  And  the  said  commis- 
sioners are  hereby  authorized  to  make  such  purchases,  under  the  restric- 
tions laid  by  the  preceding  section,  in  such  manner,  and  at  such  times 
and  places  as.  they  shall  deem  most  eligible;  and  for  that  purpose  to 
appoint  a  known  agent  or  agents,  to  whom  they  may  allow  a  commission, 
not  exceeding  one  fourth  of  one  per  cent  on  the  respective  purchases 
of  such  agents. 

Approved,  April  18,  1806. 


Franklin 
island. 

Went    Paaaa- 
maquoddyhead. 


Proviao. 


April  21,  1806.  Chap.  LI. — Jn  Jet  for  erecting  certain  Lighthotue$  in  the  state  cf  Mataachtuettt  ,- 
/or  building  a  beacon^  or  pier^  at  Bridgeport^  in  the  state  (jf  Conneeiicttt  f  and 
for  fixing  buoys  in  Pamptico  sound,  in  the  state  <f  North  Carolina. 

Lighthousea  Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
to  be  built.  iSifa/M  of  America  in  Congress  assembled,  That  the  SecreUry  of  the 

Treasury  be,  and  he  is  hereby  authorized  and  directed  to  cause  to  be 
erected  the  following  lighthouses  in  the  state  of  Massachusetts : 

One  on  Franklin  island,  at  the  mouth  of  St.  George's  river,  in  the 
district  of  Maine. 

One  on  West  Passamaquoddy  head,  at  the  entrance  into  the  bay  and 
harbor  of  Passamaquoddy,  in  the  district  of  Maine. 

And  a  double  lighthouse  at  or  near  Chatham  harbor,  on  the  back  of 
Cape  Cod. 

Provided  sufficient  land  for  the  accommodation  of  the  said  lighthouses 
can  be  obtained  at  reasonable  prices,  and  the  legislature  of  Massachu- 
setts shall  cede  the  jurisdiction  over  the  same  to  the  United  States. 
And  the  Secretary  of  the  Treasury  is  hereby  authorized  to  agree  for  the 
salaries,  or  wages,  of  the  persons  who  may  be  appointed  by  the  President 
for  the  superintendence  and  care  of  said  lighthouses,  and  otherwise  to 
provide  for  the  same,  at  the  expense  of  the  United  States. 

Sec.  2.  And  be  it  further  enacted,  That  the  Secretary  of  the  Trea- 
sury be,  and  he  is  hereby  required  to  cause  a  beacon,  or  pier,  to  be 
erected  near  the  mouth  of  the  harbor  of  Bridgeport,  in  the  state  of  Con- 
necticut ;  and  to  cause  buoys  to  be  fixed  on  Bluff  Shoal,  Royal  Shoal, 
northwest  Straddle,  and  southwest  Straddle,  in  the  waters  of  Pamptico 
sound,  in  the  state  of  North  Carolina. 

Sec.  3.  And  be  it  further  enacted,  That  there  be  appropriated  for 
defraying  the  expense  of  erecting  each  of  the  aforesaid  lighthouses,  the 
sum  of  five  thousand  dollars :  for  the  expense  of  erecting  the  said  beacon, 
or  pier,  the  sum  of  one  thousand  dollars;  and  for  the  expense  of  fixing 
the  said  buoys,  one  thousand  dollars,  to  be  paid,  respectively,  out  of  any 
money  in  the  treasury,  not  otherwise  appropriated. 

Approved,  April  21,  1806. 


Beacona    or 
piera  to  be  alao 
erected — at 
what  placea. 


Appropriationa 
for  erecting  the 
lighthoaaes  and 
piera. 


NINTH  CONGRESS.    Sess.  I.  Cn.  52, 53.     1806. 


407 


Chap.  LII. — An  Jet  BuppkmerUary  to  the  act  intituled  ^^An  ad  to  extend  Jitrit» 
diction  in  certain  cases  to  the  territorial  courts,'*^ 

Be  it  enacted  by  the  Senate  and  House  of  Represeniaiives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  provisions  of  the 
act,  intituled  "An  act  for  providing  compensation  for  the  mlirshals, 
clerks,  attornies,  jurors  and  witnesses,  in  the  courts  of  the  United  States, 
and  to  repeal  certain  parts  of  the  acts  therein  mentioned,  and  for  other 
purposes,"  passed  February  the  twenty-eighth,  one  thousand  seven  hun- 
dred and  ninety-nine,  be,  and  the  same  hereby  are  extended  to  the  terri- 
tories of  the  United  States,  so  far  as  the  said  act  may  relate  to  the 
provisions  of  the  act,  intituled  "An  act  to  extend  jurisdiction  in  certain 
cases  to  the  territorial  courts,"  passed  March  the  third,  one  thousand 
eight  hundred  and  five,  excepting  that  the  derks  of  the  said  territorial 
courts  shall  not  receive  the  additional  five  dollars  per  day,  allowed  to 
the  clerks  of  the  circuit  and  district  courts  by  the  third  section  of  the 
act  first  above  mentioned. 

Approv]£d,  April  18,  1806. 


Statutb  I. 
April  18, 1806. 

Proviiions  of 
a  former  act  ex- 
tended to  the 
territoriet  of  the 
United  Sutes. 


ActorFeb.28, 
1799,  ch.  19. 


1805,  ch.  38. 


Chap.  LI II. — An  Ad  making  c^ppropriaiions  for  carrying  into  ^ed  certain  In- 

dian  treaties. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  for  the  purpose  of  carry- 
ing into  effect  a  treaty  between  the  United  States  and  the  Delawares, 
Potawatimies,  Miamies,  Eel  river  and  Weaws,  holden  at  Grouseland, 
near  Vincennes,  on  the  twenty-first  day  of  August,  one  thousalid  eight 
hundred  and  five,  the  sum  of  one  thousand  six  hundred  dollars  is  hereby 
appropriated,  to  be  paid  to  the  said  tribes,  annually,  as  follows :  to  the 
Miamies,  six  hundred  dollars;  to  the  Eel  river  tribe,  two  hundred  and 
fifly  dollars ;  to  the  Weaws,  two  hundred  and  fif^y  dollars ;  which  several 
annuities  shall  be  permanent:  and  to  the  Potawatimies,  annually,  for  the 
term  of  ten  years,  and  no  longer,  the  sum  of  five  hundred  dollars,  in 
addition  to  former  annuities. 

Sec.  2.  .And  be  it  further  enacted.  That  for  the  purpose  of  carrying 
into  effect  a  treaty  between  the  United  States  and  the  Wyandot,  Ottawa, 
Munsee  and  Delaware,  Shawanee,  and  Potawatimie  nations,  holden  at 
Fort  Industry,  on  the  fourth  day  of  July,  one  thousand  eight  hundred 
and  five,  the  annual  sum  of  eisht  hundred  and  twenty-five  dollars  be, 
and  the  same  is  hereby  appropriated. 

Sec.  3.  And  be  it  further  enacted,  That  for  the  purpose  of  carrying 
into  effect  two  treaties  between  the  United  States  and  the  Cherokee 
Indians,  holden  at  Tellico,  on  the  twenty-fiflh  and  twenty-seventh  days 
of  October,  one  thousand  eight  hundred  and  five,  a  sum  of  fifleen  thou- 
sand six  hundred  dollars,  and  the  further  annual  sum  of  three  thousand 
dollars  be,  and  the  same  is  hereby  appropriated. 

Sec.  4.  And  be  it  fvrther  enacted,  That  for  the  purpose  of  carrying 
into  effect  a  convention  between  the  United  States  and  the  Creek  nation 
of  Indians,  concluded  at  the  city  of  Washington,  on  the  fourteenth  day 
of  November,  one  thousand  eight  hundred  and  five,  a  sum  of  twelve 
thousand  dollars,  annually,  for  eight  years,  and  the  sum  of  eleven  thou- 
sand dollars,  annually,  for  the  term  of  ten  years,  next  thereafler  succeed- 
ing, be,  and  the  same  are  hereby  appropriated. 

Sec.  5.  And  be  it  further  enacted.  That  the  several  sums  appropriate 
by  this  act,  shall  be  paid  out  of  any  money  in  the  treasury,  not  otherwise 
appropriated. 

Approted,  April  21,  1806. 


Statute  I. 
April  21,  1806. 

Specific   ap- 
propriations. 


Specific    ap- 
propriation. 


Specific  ap- 
propriation!. 


Specific    ap- 
propriations. 


406 


NINTH  CONGRESS.    Sbss.  I.  Ch.  64, 55.     1806. 


Specific  tp- 
propiiations. 


Statute  I. 
April  18, 1806.    Chap.  LI V,— wtfn  Jiet  making  mpropriationsfor  the  support  tf  the  MiUtary  aiab' 
iUkmefU  qf  the  United  States^  for  the  year  one  thotuand  eight  hundred  and  eix. 

Be  it  enacted  by  the  Senate  and  Htmse  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  for  defraying  the  expense 
of  the  military  establishment  of  the  United  States,  for  the  year  one  thou- 
sand eight  hundred  and  six;  for  the  Indian  department,  and  for  the 
expense  of  fortifications,  arsenals,  magazines  and  armories,  the  following 
sums  be,  and  the  same  hereby  are  respectively  appropriated,  that  is  to  say: 

For  the  pay  of  the  army  of  the  United  States,  three  hundred  and  two 
thousand  five  hundred  and  fifly-six  dollars. 

For  forage,  four  thousand  six  hundred  and  eight  dollars. 

For  the  subsistence  of  the  army  and  corps  of  engineers,  two  hundred 
and  twenty-four  thousand  nine  hundred  and  ninety-four  dollars,  five  cents. 

For  clothing,  eighty-five  thousand  dollars. 

For  bounties  and  premiums,  fifteen  thousand  dollars. 

For  the  medical  and  hospital  departments,  twelve  thousand  dollars. 

For  camp  equipage,  fuel,  tools  and  transportation,  eighty^ive  thousand 
dollars. 

For  fortifications,  arsenals,  magazines  and  armories,  two  hundred  and 
eighteen  thousand  five  hundred  and  forty-two  dollars,  five  cents. 

For  purchasing  maps,  plans,  books  and  instruments,  one  thousand 
five  hundred  dollars. 

For  the  contingent  expenses  of  the  war  department,  eighteen  thou- 
sand dollars. 

For  the  pay  and  subsistence  of  the  commandants  in  Louisiana,  six 
thousand  and  sixty-six  dollars,  sixty-seven  cents. 

For  the  Indian  department,  ninety-six  thousand  six  hundred  dollars. 

Sec.  2.  And  be  it  further  enacted.  That  the  several  appropriations 
herein  before  made,  shall  be  paid  and  discharged,  first,  out  of  any  balance 
remaining  unexpended  of  former  appropriations  for  the  support  of  the 
military  establishment;  and  secondly,  out  of  any  monies  in  the  treasury 
not  otherwise  appropriated. 

Approved,  April  18, 1806. 


Statute  I. 


April  21,  1906. 


Repealed  1810, 
ch.  SO. 

Post  rotds  dit- 
coDtinued. 


Post  roads 
esUblished. 


Chap.  hY^^-^njiet  further  to  alter  and  establish  certain  Post  Roads  /  and  for  other 

purposes* 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  followingpost  roads 
shall  be  discontinued:  from  Dixon's  Spring,  to  Lebanon,  in  Tennessee; 
and  from  Raleigh,  by  Haywood,  Chatham  Courthouse,  and  Chapel  Hill, 
to  Hillsborough  in  North  Carolina. 

Sec.  2.  And  be  it  further  enacted.  That  the  following  post  roads  be 
established : 

In  Massachusetts, — From  Granville,  through  Sandisfield  and  New 
Marlborough,  to  Stockbridge ;  and  from  Rochester,  by  Middleborough, 
East  Meeting  House,  to  East  Bridgewater;  from  Brookfield,  through 
Brimfield  in  Massachusetts,  to  Stafford  Springs,  and  thence  to  Tolland 
in  Connecticut. 

In  the  district  of  Maine. — ^From  Brewer's  to  Plantation  number  five ; 
fi'om  Vassalborough,  through  Fairfax,  Unity,  CoUegetown,  to  Hamden ; 
from  Buckfield,  through  Hartford,  to  Livermore ;  and  from  New  Mil- 
ford,  through  Ballstown,  Palermo,  and  Davistown,  to  Belfast 

In  Vermont. — ^From  Royalton,  through  Tunbridge,  Chelsea,  and  Ver- 
shire,  to  Corinth. 

In  Connecticut. — ^From  Pomfret,  through  Gloucester,  to  Providence 
in  Rhode  Island. 


NINTH  CONGRESS.    Ssss.  I.  Ch.  55.    1806. 


409 


In  New  York. — ^From  the  town  of  Cherry  VaJley,  through  Sj 
Richfield,  Plainfield,  and  Bridgewater,  to  Sangersfield ;  and  from  Har- 
risburg,  through  Williamstown,  Ogdensburg,  Potsdam,  Chautaugay,  to 
Plattsburg;  from  Rome,  through  Kedfield,  Adams,  by  Smith's  mills  to 
Sacket  Harbor,  and  from  thence  to  Chemangh;  from  Bath,  through 
Canistio-town,  Danville,  and  Williamsburg,  to  Hartford;  and  from 
Onandago  to  the  village  of  Oswego  in  Lysander ;  and  a  cross  post  from 
West  Hampton,  to  River  Head ;  from  New  Lebanon,  in  the  state  of 
New  York,  by  Hancock,  Richmond,  Lennox,  Lee,  Becket,  Loudon,  and 
Sandisfield,  in  Massachusetts,  to  New  Hartford  in  Connecticut 

In  New  Jersey. — From  Belvidere  to  Stroudsburg,  in  Pennsylvania. 

In  Pennsylvania, — From  Berlin,  through  Salisbury,  to  Cumberland ; 
from  Greensburgh  to  Kittanning;  from  Tuckhannok  to  Chenango 
Point  in  New  York ;  and  from  Greensburgh,  through  Mount  Pleasant, 
Robbstown,  and  Williamsport,  to  Washington ;  and  from  Washington, 
through  Alexandria,  to  Wheeling;  from  Gettysburg,  through  Miller's 
town,  Nicholson's  Gap,  and  Waynesburg,  to  Green  Castle. 

In  Delaware. — From  the  village  of  Christiana,  through  Newark,  to 
Strasburgh  in  Pennsylvania ;  and  from  Georgetown,  through  Concord, 
to  Laurd. 

In  Maryland. — ^The  post  road  from  Vienna,  in  Dorchester  county,  to 
Snow  Hill,  in  Worcester  county,  and  thence  returning  to  Vienna,  may, 
in  the  discretion  of  the  Postmaster-General,  be  so  altered  as  to  pass  over 
Wicomico  lower  ferry  and  Quantico  mills :  Provided,  no  additional 
expense  in  transporting  the  mail  shall  be  incurred  thereby. 

In  Virffinia. — From  Lynchburgh  to  Lexington ;  from  Waterford  to 
Sniker's  Gap,  by  the  stores  of  Robert  Braden  and  Jessy  Janny,  and 
fi'om  thence  to  Upperville,  and  to  return  by  Israel  Janny's  mill ;  from 
Wythe  Courthouse,  by  Tazewell  Courthouse,  Russel  Courthouse,  Lee 
Courthouse,  to  Robinson's  mills;  and  from  Madison  Courthouse  to 
Stanardsville ;  the  post  road  from  Manchester  to  Colesville,  shall  pass 
by  Chesterfield  Courthouse  and  Spring  HiU. 

In  North  Carolina. — From  Averysborough  by  Haywood,  Chatham 
Courthouse,  to  cross  Haw  river  near  Jones'  ferry,  to  Hillsborough ; 
from  Raleigh,  by  Chapel  Hill,  to  Hillsborough;  from  Wilmington 
through  Conwayborough  to  Georgetown,  in  South  Carolina ;  and  from 
Wilksborough  to  Ashe  Courthouse. 

In  South  Carolina. — From  Portsferry  to  Conwayborough;  and  from 
Portsferry,  by  Marion  Courthouse,  to  Thomas  Harley's. 

In  Oeorpa. — From  Washington  to  Petersburg,  and  from  Athens  to 
Knoxville  m  Tennessee. 

In  Ohio. — From  Cincinnati,  by  North  Bend,  to  Lawrenceburgh  in 
the  Indiana  territory ;  from  Austinburg  to  Erie  in  Pennsylvania,  and 
from  Franklinton  to  Worthington. 

In  Kentucky. — From  New  Castle  or  Henry  Courthouse,  by  Gallatin 
Courthouse  and  Boone  Courthouse,  to  Laurenceburgh,  in  the  Indiana 
territory ;  and  the  post  road  from  Henderson  to  Eddeville  shall  pass  by 
Livingston  Courthouse. 

In  Tennessee. — From  Mount  Granger  to  Carthage,  thence,  by  Kave- 
naugh,  to  Lebanon ;  from  NashviUe  to  Charlotte ;  from  BurviUe  by  Wal- 
nut Cove,  thence  along  the  turnpike  road,  by  way  of  Chitwood's,  to 
Pulaski  in  Kentucky ;  and  from  Palmyra  to  Stuart  Courthouse,  and 
thence  to  Eddyville. 

In  Orleans  Territory. — ^From  Rapid  settlement  to  Opelousa. 

Sec.  3.  And  be  it  fitrther  enactea,  That  a  sum  not  exceeding  two 
hundred  and  fifty  dollars,  be,  and  the  same  is  hereby  appropriated,  out 
of  any  monies  in  the  treasury  not  otherwise  appropriated,  to  enable  the 
Pootmaster-General  to  defray  the  expenses  which  already  are,  or  here- 
after may  be  incurred  in  providing  for  the  accommodation  of  Josiah  H. 

Vol.  II.— 52  2  M 


Post  roadi  es- 


Som  appropn- 
atod  on  tccouof 
of  Jowph  11. 
Wobb. 


410 


NINTH  CONGRESS.    Si 


180a 


Wtkb,  who,  m  Augnsl  last,  wis  wounded  hj  aotoe  pmon  unknown, 
wldkt  he  was  empk^ed  in  carTying  the  mail  of  the  United  States^  and 
i^bo  is  now  under  the  caie  of  the  commandant  at  fiwl  Stoddert. 

Sbc.  4.  And  be  it  JwrOur  auuUd,  That  this  ad  shall  not  he  so 
constraed  as  to  aflfeet  anj  existing  eontract  Ibr  carrying  the  mail. 

AmoiTED,  April  21, 1806. 


Apta  10, 1B06>        Remolted  by  the  SeM4iU  amd  ILmu  rf  RepTsaUaiives  rf  the  Um^ 
jtekMnHcdge-    ^oies  of  Amaica  in  Qmgress  atsoMed,  That  the  President  of  the 
MBt  ^JH^       United  States  be  requested  to  caose  to  be  made  known  to  Nicholas  C. 
^  ^.-     ^j^^^g^  Esqoire,  his  Danbh  majesty's  coosol  residing  at  Tripoli,  the 
high  sense  entertained  by  Congress,  of  his  disinterested  and  bcaie?dent 
attentions,  manifested  to  Captain  Bainbridge,  his  officers^  and  crew, 
during  the  time  of  their  captinty  in  Tripoli. 
Afpboted,  April  10, 1806. 


greafof  tfaefer- 
Tieca  of  fhe  Da- 
nish cobmI  at 
Tripoli. 


ACTS  OF  THE  NINTH  CONGRESS 


UNITED  STATES, 

Passed  at  the  second  session,  which  was  begun  and  held  at  the  City 
of  Washington,  in  the  District  of  Columbia,  on  Monday,  the  first  day 
of  December,  1806,  and  ended  on  the  third  day  of  March,  1807. 

Thomas  Jefferson,  President;  George  Clinton,  Vice  President  of 
the  United  States  and  President  of  the  Senate ;  Samuel  Smith,  Pre- 
sident of  the  Senate  pro  tempore,  on  the  3d  of  March,  1807 ;  Nathan- 
iel Macon,  Speaker  of  the  Hoase  of  Representatives. 


STATUl^  II. 

Chaptbr  L— -htfn  JSet  to  impend  the  operation  cf  an  act,  intituled  ^^An  act  to 
prohibit  the  importation  of  certain  good$,  wares  and  merchandise,^^  and  to  remit 
thepenaUieM  incurred  under  the  same. 

Be  it  enacted  by  the  Senate  and  House  of  R^esentatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  operation  of  the 
act,  passed  on  the  eighteenth  day  of  April  last,  intituled  "  An  act  to 
prohibit  the  importation  of  certain  goods,  wares  and  merchandise,"  be, 
and  the  same  hereby  is  suspended  until  the  first  day  of  July  next. 

Sec.  2.  And  be  it  Jurther  enacted,  That  all  penalties,  fines  and  for- 
feitures, which  may  have  been  incurred  by  virtue  of  the  provisions  of 
the  aforesaid  act,  be,  and  the  same  hereby  are,  respectively,  remitted,  on 
payment,  by  the  parties,  by  whom  such  penalty,  fine  or  forfeiture  may 
have  been  incurred,  of  aJl  costs  which  have  accrued,  or  may  accrue 
before  notice  of  this  act  shall  have  been  received  by  the  attornies  of  the 
several  districts  of  the  United  States. 

Sec.  3.  And  be  it  further  enacted,  That  the  President  of  the  United 
States  be,  and  he  is  hereby  authorized  further  to  suspend  the  operation 
of  the  aforesaid  act,  if  in  his  judgment  the  public  interest  should  require 
it :  Provided,  that  such  suspension  shaU  not  extend  beyond  the  second 
Monday  in  December  next 

Approved,  December  19,  1806. 


Chap.   II«— ^n  Jlct  making  t^ppropriationa  for  the  ., 
United  States,  daring  the  year  one  thousand  eight 


Dec.  19,  1806. 

[Obiolete.l 

Operation  of  a 
fonner  act  sua- 
pended. 

Act  of  April 
18, 1806,  ch.  29. 


RemiBsion  of 
certain  penal- 
ties, kc. 


Further  sui- 
pension. 

Proriso. 


the  Naoy  if  the 
and  seven. 


Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assemble.  That  for  defraying  the  ex- 
penses of  the  navy  of  the  United  States,  during  the  year  one  thousand 
eight  hundred  and  seven,  the  foUowing  sums  be,  and  the  same  hereby  are, 
Respectively,  appropriated ;  that  is  to  say : 

For  the  pay  and  subsistence  of  the  officers  and  pay  of  the  seamen, 
two  hundred  and  ninety-six  thousand  and  forty-eight  dollars. 

For  provisions,  one  hundred  and  twenty  thousand  eight  hundred  and 
filly  doUars  and  three  cents. 

For  medicines,  instruments,  and  hospital  stores,  five  thousand  dollars. 

411 


Statute  II. 
Jan.  7,  1807. 

[Obsolete.] 


Specific    ap- 
propriations. 


413 


NINTH  CONGRESS.    Sb&  U.  Ch.  3.    1807. 


propnatioM. 


Statute  U. 
Jao.  10, 1807. 

[Obfolete.] 


Spoeiflc    ip- 
propriatioot. 


For  rqwira  ofTeaBds,  one  hnndred  and  ninetj  tbonnnd  two  hondred 
and  eight  dollars  and  sixty-fieven  cents. 

¥ot  freight,  store  rent,  commissions  to  agents^  and  other  contingent 
expenses,  seventj-6Te  thousand  dollars. 

¥oi  paj  and  subsistence  of  the  marine  coqis,  inclnding  pro?isions  for 
those  on  shore,  and  forage  for  the  stafl^  serenty-eight  thousand  nx  hun- 
dred and  seventy-eight  dollars  and  thirty  cents. 

For  clothing  for  Uie  same,  fourteen  thousand  three  hundred  and  eix^ 
dollars. 

For  mOitary  stores  for  the  same,  five  hundred  and  sixty  doDars. 

For  medicine,  medical  senrices,  hospital  stores,  and  all  other  expenses 
on  account  of  the  sick  belonging  to  the  marine  corps,  one  thousand  one 
hundred  and  fifty  dollars. 

For  quartermaster's  and  barrack  master's  stores,  officers'  travelling 
expenses,  armorer's  and  carpenter's  bills,  fud,  premium  for  enlisting, 
musical  instruments,  bounty  to  music,  and  other  contingent  expenses, 
eight  thousand  one  hundred  and  forty-five  dollars. 

For  the  expense  of  navy  yards,  comprising  docks  and  other  improve- 
ments, pay  of  superintendents,  Btore-keq>ers,  clerks  and  labourers,  sixty 
thousand  dollars. 

For  ordnance,  fifty  thousand  dollars. 

Sec.  2.  And  he  it  Jurther  enacted.  That  the  several  sums  herein  spe- 
cifically appropriated,  shall  be  paid  out  of  any  monies  in  the  treasuiy 
not  otherwise  appropriated. 

Approved,  January  7, 1807. 


Chap.  III.— wfn  Act  maki 
eitablUhment  of  the  United 
aeven. 


'ions  for  the  eupport  of  the  Military 
^or  the  year  one  thoueand  eight  hundred  and 


Be  it  enacted  by  the  Senate  and  House  of  Represeniatipes  of  the  Uniied 
States  of  America  in  Congress  assembled.  That  for  defraying  the  expense 
of  the  military  establishment  of  the  United  States,  for  Uie  year  one 
thousand  eight  hundred  and  seven ;  for  the  Indian  department,  and  for 
the  expense  of  fortifications,  arsenals,  magazines  and  armories,  the  fol- 
lowing sums  be,  and  the  same  hereby  are  respectively  appropriated,  that 
is  to  say : 

For  the  pay  of  the  army  of  the  United  States,  three  hundred  and  two 
thousand  nine  hundred  and  fifly-two  dollars. 

For  forage,  four  thousand  six  hundred  and  eight  dollars. 

For  the  subsistence  of  the  army  and  corps  of  engineers,  two  hundred 
and  thirty-five  thousand  five  hundred  and  fifly-two  dollars  and  fifty  cents. 

For  clothing,  eighty-five  thousand  dollars. 

For  bounties  and  premiums,  fifteen  thousand  dollars. 

For  the  medical  and  hospital  departments,  fifteen  thousand  dollars. 

For  camp  equipage,  fuel,  tools  and  transportation,  ninety  thousand 
dollars. 

For  fortifications,  arsenals,  magazines  and  armories,  two  hundred  and 
eighteen  thousand  five  hundred  and  forty-two  dollars  and  five  cents. 

For  purchasing  maps,  plans,  books,  and  instruments,  one  thousand 
five  hundred  dollars. 

For  contingencies,  eighteen  thousand  dollars. 

For  the  payment  of  such  balances  as  have  been  ascertained,  and 
which  may  be  ascertained  during  the  years  one  thousand  eight  hun- 
dred and  six  and  one  thousand  eight  hundred  and  seven,  from  actual 
settlements  by  the  accountant  of  the  war  department,  and  which  can- 
not be  discharged  out  of  any  existing  appropriation,  eight  thousand 
dollars. 


NINTH  CONGRESS.     Sess.  II.  Ch.  5,  8.     1807. 


413 


For  the  Indian  department,  one  hundred  thousand  and  six  hundred 
dollars. 

Sec.  2,  And  be  U  further  enacted,  That  the  several  appropriations 
herein  before  made  shall  be  paid  out  of  any  monies  in  the  treasury  not 
otherwise  appropriated. 

Approysd,  January  10, 1807. 


Cbap.  V. — Jn  Jet  to  alter  the  time  cf  holding  the  eireuit  and  district  eowrts  in 
the  dittriet  if  North  Carolina. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled^  That  instead  of  the  times 
heretofore  established  by  law,  for  the  sessions  of  the  circuit  court  for  the 
district  of  North  Carolina,  the  said  courts  shall  hereafter  commence  and 
be  holden  on  the  twelfth  day  of  May,  and  the  twelfth  day  of  November, 
in  each  year,  any  thing  contained  in  any  former  act  or  acts  to  the  contrary 
notwithstanding.  And  all  actions,  suits,  process,  pleadings,  and  other  pro- 
ceedings of  what  nature  or  kind  soever,  civil  or  criminu,  commenced  or 
to  commence  in  the  said  court,  and  all  recognizances  returnable  to  the 
said  court,  on  the  twentieth  day  of  June  next,  shall  be  continued,  re- 
turned to,  and  have  day,  in  the  session  to  be  holden  by  this  act,  and  the 
same  proceedings  shall  be  had  thereon  as  heretofore,  and  shall  have  all 
the  effect,  power,  and  virtue,  as  if  the  alteration  had  never  been  made : 
Provided  nevertheless,  that  when  the  twelfth  day  of  May,  or  the  twelfth 
day  of  November  shall  happen  on  Sunday,  the  next  succeeding  day  shall 
be  the  first  juridical  day  of  the  term. 

Sec.  2.  And  be  it  Jurther  enacted^  That  the  district  courts  of  the 
United  States  for  the  district  of  North  Carolina,  shall,  after  the  passins 
of  thb  act,  commence  and  be  holden  on  the  following  days,  instead  of 
the  times  heretofore  established  by  law,  that  is  to  say ;  at  Wilmington, 
in  and  for  the  district  of  Cape  Fear,  on  the  first  Mondays  in  February, 
June  and  October ;  at  Newbem,  in  and  for  the  district  of  Pamptico,  on 
the  Friday  next  after  the  first  Mondays  in  February,  June,  and  Octo- 
ber ;  and  at  Edenton,  in  and  for  the  district  of  Albemarle,  on  the  first 
Tuesday  which  shall  follow  the  Friday  next  after  the  first  Mondays  in 
February,  June  and  October.  And  that  all  actions,  suits,  writs,  pro- 
ceea,  pleadings  or  other  proceedings,  commenced  or  to  commence,  or 
which  shall  be  now  depending  in  any  of  the  district  courts  of  the  dis- 
trict of  North  Carolina,  shall  be  continued  over,  and  have  day  in  the 
next  district  court  to  be  holden  in  the  several  districts  as  hereby  estab- 
lished, any  thing  in  any  former  act  or  acts  to  the  contrary  notwith- 
standing. 

Approveb,  February  4, 1807, 


Chap.  VIII.— ^  jSei  to  provide  for  twrveying  the  eoaata  if  the  United  States, 

Be  it  enacted  6y  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  the  President  of  the 
United  States  shall  be,  and  he  is  hereby  authorized  and  requested,  to 
cause  a  survey  to  be  taken  of  the  coasts  of  the  United  SUtes,  in  which 
shall  be  designated  the  islands  and  shoals,  with  the  roads  or  places  of 
anchorage,  within  twenty  leagues  of  any  part  of  the  shores  of  the  United 
States ;  and  also  the  respective  courses  and  distances  between  the  prin- 
cipal capes,  or  head  lands,  together  with  such  other  matters  as  he  may 
deem  proper  for  completing  an  accurate  chart  <^  every  part  of  the  coasts 
within  the  extent  aforesaid. 

Sac.  2.  And  be  it  fitrther  enacted.  That  it  shall  be  lawful  for  the  Pre- 
sident of  the  United  States  to  cause  such  examinations  and  observa- 

3m2 


Statuts  II. 
Feb.  4,  1807. 

SeMioni  of  tbo 
circuit  coujt 
changed. 


Actions,  euita, 
process,  ftc.  to 
nave  day,  and 
made  returnable 
accord  inglj. 


ProTiao. 


Sessioasof  the 
district  court  al- 
so changed. 


1808,  ch.  29, 
sec.  3. 

Actions,  suits, 
ftc.  made  re- 
turnable and  to 
haTe  day,  ac« 
coidinglj. 


Statutc  II. 
Feb.  10, 1807. 

President  of 
the  U.  States 
authorized  to 
cause  a  survey 
of  the  coast  of 
the  U.  Stotes  to 
be  made,  and  an 
accurate  chart 
to  be  prepared. 


President  also 
authorised  to 


414 


NINTH  CONGRESS.    Sess.  II.  Ch.  9.    1807. 


cauM  examina- 
tions to  be  made 
iwith  respect  to 
St.  George's 
bank,  &c. 

President  au- 
thorized to 
cause  proper 
persons  to  be 
employed,  and 
sucli  of  the  pub- 
lic Tessels  as 
may  be  wanted, 
&c. 

Act  of  April 
14, 1818,  ch.  56. 

Fifty  thousand 
dollars  appro- 
priated. 


Statute   II. 


tions  to  be  made,  with  respect  to  St.  George's  bank,  and  any  other  bank 
or  shoal  and  the  soundings  and  currents  beyond  the  distance  aforesaid 
to  the  Gulf  Stream,  as  in  his  opinion  may  be  especially  subservient  to 
the  commercial  interests  of  the  United  States. 

Sec.  3.  And  be  it  further  enacted^  That  the  President  of  the  Upited 
States  shall  be,  and  he  is  hereby  authorized  and  requested,  for  any  of 
the  purposes  aforesaid,  to  cause  proper  and  intelligent  persons  to  be 
employed,  and  also  such  of  the  public  vessels  in  actual  service,  as  he 
may  judge  expedient,  and  to  give  such  instructions  for  regulating  their 
conduct  as  to  him  may  appear  proper,  according  to  the  tenor  of  this 
act.(a) 

Sec.  4.  And  he  it  fiarther  enacted.  That  for  carrying  this  act  into 
effect  there  shall  be,  and  hereby  is  appropriated,  a  sum  not  exceeding 
fifty  thousand  dollars,  to  be  paid  out  of  any  monies  in  the  treasury,  not 
otherwise  appropriated. 

Approved,  February  10, 1807. 


Feb.  10,  1807. 


Secretary  of 
the  Treasury  to 
have  light- 
houses built  at 
Fair  Weather 
and  Naushawn 
islands. 


To   appoint 
keepers,  &c. 
Proviso. 

Proviso. 


Secretary  of 
the  Treasury  to 
cause  the  light, 
house  at  Smith's 
point  to  be  re- 
built. 

Proviso. 


Secretary  of 
the  Treasury  to 
have  the  light- 
house at  North 
island  rebuilt. 


Secretary  of 
the  Treasury  to 
cause  buoys  and 
Rtakes  to  be 
fixed  in  VVinyaw 
bay,  and    near 


Cbap.  IX. — An  Act  atUhorizir^  the  erection  cf  certain  Liehlhowes^  andthefiX' 
ing  qfstakea,  huoyi  anabeacone^  at  certain  places  therein  named. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  the  Secretary  of  the 
Treasury  be,  and  he  hereby  is  authorized  and  directed,  to  cause  a  good 
and  sufficient  lighthouse  to  be  built  at  each  of  the  following  places,  that 
is  to  say ;  on  Fair  Weather  island,  in  the  state  of  Connecticut,  and  at 
Naushawn  island  near  Tarpaulin  cove,  in  the  state  of  Massachusetts,  at 
such  points  as  the  President  of  the  United  States  may  select  for  those 
purposes ;  and  to  appoint  keepers,  and  otherwise  provide  for  such  light- 
houses, at  the  expense  of  the  United  States :  Provided,  that  sufficient 
ground  for  the  accommodation  of  said  lighthouses,  respectively,  can  be 
obtained  at  a  reasonable  price :  And  provided  also,  that  the  legislatares 
of  the  states  of  Connecticut  and  Massachusetts  shall  cede  the  jurisdic- 
tion over  each  place  respectively  to  the  United  States. 

Sec.  2.  And  be  it  further  enacted,  That  the  Secretary  of  the  Trea- 
sury be,  and  he  hereby  is  authorized  and  directed,  to  cause  the  light- 
house at  present  established  on  Smith's  point,  at  the  mouth  of  the  river 
Potomac,  to  be  taken  down,  and  to  cause  another  good  and  sufficient 
one  to  be  built  at  such  other  spot  on  the  said  point,  as  the  President  of 
the  United  States  may  select :  Provided,  that  sufficient  ground  for  the 
accommodation  thereof,  can  be  obtained  at  a  reasonable  price :  And  pro- 
tiided  also,  that  the  legislature  of  the  state  of  Virginia  shall  cede  the 
jurisdiction  over  the  same  to  the  United  States.  And  the  Secretary  of 
the  Treasury  is  hereby  further  authorized  and  directed  to  cause  the 
lighthouse  heretofore  established  on  North  island,  at  the  entrance  into 
Winyaw  bay,  in  the  state  of  South'  Carolina,  to  be  rebuilt  in  such  man- 
ner as  may  in  his  opinion  be  most  likely  to  secure  its  future  safety. 

Sec.  3.  And  be  it  further  enacted.  That  the  Secretary  of  the  Trea- 
sury be,  and  he  hereby  is  authorized  and  directed,  to  cause  proper  and 
sufficient  buoys  and  stakes  to  be  fixed  in,  and  along  the  channel  in 
Winyaw  bay,  leading  to  the  harbor  of  Georgetown,  in  the  state  of  South 
Carolina :  and  also,  to  cause  proper  and  sufficient  buoys  and  beacons  to 


{a)  Coast  Survey. — By  an  act  for  the  repeal  of  part  of  this  act,  passed  April  14,  1818,  chap.  56,  no 
persons  but  those  belonging  to  the  army  are  to  be  employed  in  the  coast  survey. 

By  the  1st  section  of  the  act  of  June  17,  1844,  chap.  65,  officers  of  the  anny  and  navy  shall,  as  Ikr  aa 
practicable,  be  employed  in  tlie  coast  survey,  wherever,  and  in  the  manner  required  by  the  department 
naving  charge  thereofT 

By  an  act  passed  June  3,  1844,  maps  and  charts  of  the  survey  of  the  coast  are  to  be  disposed  of  at 
•uch  prices  as  may  be  fixed  by  the  Secretary  of  the  Treasury ;  and  copies  of  the  same  shall  be  presented 
to  "  ioreign  governments,  departments  of  our  own  government,  and  literary  and  scientific  aasociations.** 


NINTH  CONGRESS.    Sess.  II.  Ch.  12.    1807. 


415 


be  placed  on,  or  near  the  rocks  and  shoals  in  the  channel  leading  into   the  iboali  aod 
the  harbor  of  Salem,  in  the  state  of  Massachusetts.  ^^  leading  to 

Sec.  4.  And  be  it  further  enacted.  That  for  the  purpose  of  defray-  SJScific  ip- 
ing  the  expenses  which  may  be  incurred  in  the  execution  of  this  act,  the  propriations. 
following  sums  shall  be,  and  the  same  are  hereby  respectively  appro- 
priated, to  be  paid  out  of  any  monies  in  the  treasury,  not  otherwise  ap- 
propriated :  that  is  to  say,  for  building  the  lighthouse  on  Fair  Weather 
island,  five  thousand  dollars ;  for  building  the  lighthouse  at  Naushawn 
island,  two  thousand  five  hundred  dollars ;  for  puUing  down,  and  rebuild- 
ing the  lighthouse  on  Smith's  point,  six  thousand  dcmars;  for  rebuilding 
the  lighthouse  on  North  island,  twenty  thousand  dollars;  for  fixing 
buoys  and  stakes  in  Winyaw  bay,  one  thousand  five  hundred  dollars ; 
for  fixing  buoys  and  beacons  in  the  channel  leading  to  Salem  harbor, 
one  thousand  five  hundred  dollars. 

Approved,  February  10,  1807. 

Statute  IF. 

Chap.  XII.— >An  Jlct  mpplemeniary  to  the  aci^  intituled  '*  Jin  act  making  prth    Feb.  11, 1807. 

viiion  for  the  redemption  of  the  whole  if  the  public  debt  of  the  United   

State»/\a) 

The  redemp- 
tion of  the  pub- 
lic debt  can  only 
be  done  by  vo- 
luntary aub. 
Bcription. 

Act  of  April 
29, 1802,  cb.  32. 

Subacription 
bookatothefull 
amount  of  the 
old  6  percent, 
deferred  and  3 
per  cent,  atock, 
to  be  opened  at 
the  treaaury  and 
the  aeveial  loan 
offices. 

Mode  of  ef- 
fecting the  aub- 
acription. 


Whereas  it  is  desirable  to  adapt  the  nature  of  the  provision  for  the 
redemption  of  the  public  debt  to  the  present  circumstances  of  the 
United  States,  which  can  only  be  done  by  a  voluntary  subscription  on 
the  part  of  the  creditors : 

Be  it  enacted  by  the  Senate  and  Home  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  a  subscription  to  the 
full  amount  of  the  old  six  per  cent  deferred  and  three  per  cent,  stocks 
be,  and  the  same  is  hereby  proposed ;  for  which  purpose  books  shall  be 
opened  at  the  treasury  of  the  United  States,  and  by  the  several  commis- 
sioners of  loans,  on  the  first  day  of  July  next,  to  continue  open  until  the 
seventeenth  day  of  March  next  following,  inclusively,  the  fourteen  last 
days  of  each  quarter  excepted,  for  such  parts  of  the  above  mentioned 
descriptions  of  stock,  as  shall,  on  the  day  of  subscription,  stand  on  the 
books  of  the  treasury,  and  of  the  several  commissioners  of  loans, 
respectively ;  which  subscription  shall  be  effected  by  a  transfer  to  the 
United  States,  in  the  manner  provided  by  law  for  such  transfers,  of  the 
credit  or  credits  standing  on  the  said  books,  and  by  a  surrender  of  the 
certificates  of  the  stock  subscribed. 

Sec.  2.  And  be  it  further  enacted,  That  for  the  whole  or  any  part  of 
any  sum  which  shall  thus  be  subscribed,  in  old  six  per  cent,  or  deferred 
stock,  credits  shall  be  entered  to  the  respective  subscribers,  and  the  sub- 
scriber or  subscribers  shall  be  entitled  to  a  certificate,  or  certificates, 
purporting  that  the  United  States  owe  to  the  holder  or  holders  thereof, 
his,  her,  or  their  assigns,  a  sum  to  be  expressed  therein,  equal  to  the 
amount  of  principal  of  the  stock  thus  subscribed,  which  shall  remain 
unredeemed  on  the  day  of  such  subscription,  bearing  an  interest  of  six 
per  centum  per  annum,  payable  quarter  yearly,  fi-om  the  first  day  of  the 
quarter,  during  which  such  subscription  shall  have  been  made,  trans- 
ferable in  the  same  manner  as  is  provided  by  law  for  the  transfers  of  the 


Credita  to  be 
given  for  any 
auma  aubacribed 
in  old  6  per 
eent.  atock,  and 
new  certificates 
given  in  6  per 
cent,  atock. 


Subject  to  re- 
demption at  the 
pleaaure  of  the 
United  Sutea. 


(a)  The  acta  for  the  redemption  of  the  pnblic  debt,  have  been : — 

An  act  making  further  proviaion  for  the  aupport  of  public  credit,  and  for  the  redemption  of  the  public 
debt,  March  3,  1795,  chap.  46.  "1790,  chap.  47." 

An  act  making  proviaion  for  the  redemption  of  the  whole  of  the  public  debt  of  the  United  Statea,  April 
89,  1802,  chap.  32. 

An  act  aupplementary  to  the  act  entitled,  *'  An  act  making  proviaion  for  the  redemption  of  the  whole 
of  the  public  debt  of  the  United  Stotea,"  February  11,  1S07,  chap.  12. 

An  act  aupplementary  to  the  act  entitled,  «  An  act  mailing  fiirther  proriaion  for  the  anpport  of  public 
credit,  and  tor  the  redemption  of  the  public  debt,"  kc.,  June  28,  1809,  chap.  10. 

An  act  to  provide  for  the  redemption  of  the  public  debt,  March  3,  1817,  chap.  87. 

An  act  to  authorize  the  commiaaionera  of  the  ainking  fund  to  redeem  the  public  debt  of  the  United 
Sutea,  April  24,  1890,  chap.  78. 


404 


NINTH  CONGRESS.    Sess.  I.  Ch.  49.    1806. 


clerks    entitled 
to  draw  rationi. 

Sum  ■ppro- 
priated  mot  the 
trade  and  inter- 
course  of  the 
United  States 
with  the  Indian 
tribes. 


Penalties   for 
purchasing  cer- 
tain   articles 
from  the  Indi- 


ProTiso. 


The  furs  and 
peltries  belong- 
ing to  the  U. 
States  to  be  sold 
at  public  auc- 
tion afler  notice 
shall  hsTe  been 
published. 


draw  out  of  the  public  supplies  two  rations  each,  and  each  clerk  on* 
ration  per  day. 

Sec.  10.  And  be  it  further  enacted^  That  the  sum  of  two  hundred 
and  sixty  thousand  dollars,  including  the  sums  heretofore  appropriated, 
and  applied  to  the  like  purpose,  and  exclusive  of  the  salary  of  the  super- 
intendent of  Indian  trade,  and  of  the  allowances  to  agents  and  clerks, 
be,  and  the  same  is  hereby  appropriated,  for  the  purpose  of  carrying  on 
trade  and  intercourse  with  the  Indian  nations,  in  the  manner  aforesaid, 
to  be  paid  out  of  any  monies  in  the  treasury  of  the  United  States,  not 
otherwise  appropriated. 

Sec.  1 1.  And  be  it  Jurther  enacted^  That  if  any  agent  or  agents, 
their  clerks,  or  other  person  employed  by  them,  shall  purchase  or  receive 
from  any  Indian,  in  the  way  of  trade  or  barter,  any  gun,  or  other  article 
commonly  used  in  hunting ;  any  instrument  of  husbandry  or  cooking 
utensil,  of  the  kind  usucdly  obtained  by  Indians  in  their  intercourse 
with  white  people,  or  any  article  of  clothing,  excepting  skins  or  furs,  he 
or  they  shall  respectively  forfeit  the  sum  of  one  hundred  dollars  for  each 
offence,  to  be  recovered  by  action  of  debt,  in  the  name  and  to  the  use 
of  the  Onited  States,  in  any  court  having  jurisdiction  in  like  cases : 
Provided^  that  no  suit  shall  be  commenced  except  in  the  state  or  terri- 
tory within  which  the  cause  of  action  shall  have  arisen,  or  in  which  the 
defendant  may  reside.  And  it  shall  be  the  duty  of  the  superintendent 
of  Indian  trade,  or  of  the  superintendents  of  Indian  affairs,  and  their 
deputies  respectively,  to  whom  information  of  every  such  offence  shall 
be  given,  to  collect  the  requisite  evidence,  if  attainable,  to  prosecute  the 
offender  without  delay. 

Sec.  12.  And  be  it  further  enacted,  That  it  shall  be  the  duty  of  the 
said  superintendent  of  Indian  trade,  under  the  direction  of  the  Presi- 
dent of  the  United  States,  to  cause  the  said  furs  and  peltry  to  be  sold  at 
public  auction,  public  notice  whereof  shall  be  given  three  weeks  pre- 
vious to  such  sale,  in  different  parts  of  the  United  States,  making  an 
equal  distribution  of  the  same,-  in  proportion  to  the  demand  of  the  mar- 
ket, and  as  may  be  deemed  most  advantageous  to  the  United  States,  and 
upon  such  terms  and  conditions  as  shall  be  prescribed  by  the  Secretary 
of  War :  Provided,  that  there  shall  not  be  less  than  six  annual  public 
sales,  of  the  said  furs  and  peltry,  and  that  the  superintendent  of  Indian 
trade  shall  not  hold  more  than  two  such  sales  in  any  state,  during  any 
one  year. 

Sec.  13.  And  be  it  further  enacted.  That  this  act  shall  be  in  force 
for  and  during  the  term  of  three  years,  and  no  longer. 

Approved,  Apri)  21,  1806. 


Duration    o 
this  act. 

Continued 
1809,  ch.  34. 

Statute  I.  — — 

April  21, 1806.    Chap.  XLIX.— .tfn  Act  for  the  punUhmerU  cf  counterfeiting  the  current  coin  tf 
the  United  Statee ;  and  for  other  purpous. 

Penalties  for       Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
'^  d*^^   "?*^*"K   States  of  America  in  Congress  assembled,  Thai  if  any  person  shall  falsely 
coins  of  Yhe'u.   make,  forge  or  counterfeit,  or  cause  or  procure  to  be  falsely  made, 
Sutesjoroffor-    forged,  or  counterfeited,  or  willingly  aid  or  assist,  in  falsely  making, 
eign    countries   forging  or  counterfeiting,  any  gold  or  silver  coins,  which  haye  been  or 
hlTre?  ^*''"°      which  hereafter  shall  be  coined  at  the  mint  of  the  United  States,  or  who 
shall  falsely  make,  forge,  or  counterfeit,  or  cause,  or  procure  to  be  falsely 
made,  forged,  or  counterfeited,  or  willingly  aid  or  assist  in  falsely  mak- 
ing, forging,  or  counterfeiting  any  foreign  gold  or  silver  coins,  which, 
by  law  now  are  or  hereafter  shall  be  made  current,  or  be  in  actual  use 
and  circulation  as  money  within  the  United  States ;  or  who  shaU  utter, 
as  true,  any  false,  forged,  or  counterfeited  coips  of  gold  or  silver,  as 
aforesaid,  for  the  payment  of  money,  with  intention  to  defraud  any  per- 
son or  persons,  knowing  the  same  to  be  falsely  made,  forged  or  countei^ 


NINTH  CONGRESS.    Siss.  L  Ch.  50.     1806. 


405 


felted ;  any  such  person,  so  offending,  shall  be  deemed  and  adjudged 
guilty  of  felony,  and  being  thereof  convicted  according  to  the  due  course 
of  law,  shaU  be  sentenced  to  imprisonment,  and  kept  at  hard  labour  for 
a  period  not  less  than  three  years,  nor  more  than  ten  years ;  or  shall  be 
imprisoned  not  exceeding  five  years,  and  fined  not  exceeding  five  thou- 
sand dollars. 

Sbc.  %  And  be  it  further  enacted,  That  if  any  person  shall  import 
or  bring  from  any  foreign  place  into  the  United  States,  any  false,  forged, 
or  counterfeit  gold  or  silver  coins,  which  are  by  law  made  current,  or  are 
in  actual  use  and  circulation,  as  money  within  the  United  States,  with 
the  intent  to  utter,  or  make  payment  with  the  same,  knowing  the  same 
to  be  falsely  made,  forged,  or  counterfeited ;  or  who  shall  utter,  as  true, 
any  such  false,  forged,  or  counterfeited  coins  of  gold  or  silver,  as  afore- 
said, for  the  payment  of  money,  with  intention  to  defraud  any  person  or 
persons,  knowing  the  same  to  be  falsely  made,  forged,  or  counterfeited, 
the  person  so  offending  shall  be  deemed  guilty  of  felony,  and  beins 
thereof  convicted  according  to  the  due  course  of  law,  shall  be  sentenced 
to  imprisonment  and  kept  at  hard  labour  for  a  period  not  less  than  two 
years,  nor  more  than  eight  years ;  or  shall  be  imprisoned  not  exceeding 
two  years,  and  fined  not  exceeding  four  thousand  dollars. 

Sec.  3.  And  he  it  Jurther  enacted^  That  if  any  person  shall  fi-audu- 
lently  and  for  gain's  sake,  by  any  art,  way,  or  means  whatsoever,  impair, 
diminish,  falsify,  scale,  or  lighten  the  gold  or  silver  coins,  which  have 
been,  or  which  shall  hereafter  be  coined  at  the  mint  of  the  United 
States ;  or  any  foreign  gold  or  silver  coins,  which  are  by  law  made  cur- 
rent, or  are  in  actual  use  and  circulation  as  money  within  the  United 
States,  every  person  so  offending  shall  be  deemed  guilty  of  a  high  mis- 
demeanor, and  shall  be  imprisoned  not  exceeding  two  years,  and  fined 
not  exceeding  two  thousand  dollars. 

Sec.  4.  Am  he  it  further  enacted.  That  nothing  in  this  act  contained, 
shall  be  construed  to  deprive  the  courts  of  the  individual  states  of  juris- 
diction, under  the  laws  of  the  several  states,  over  offences  made  punish- 
able by  this  act 

Appkoted,  April  21,  1806. 


Chap.  L. — An  Act  to  repeal  mo  much  rf  any  act  or  act»  a»  authorize  the  receipt 
of  eoideneetrf  the  public  debt^  in  payment  for  lands  of  the  United  Statet  ; 
and  for  other  purposes,  relative  to  the  public  debt. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  so  much  of  any  act  or 
acts  as  authorize  the  receipt  of  evidences  of  the  public  debt,  in  payment 
for  the  lands  of  the  United  States,  shall  from  and  after  the  thirtieth  day 
of  April,  one  thousand  eight  hundred  and  six,  be  repealed :  Provided, 
that  the  right  of  all  persons  who  may  have  purchased  public  lands  pre- 
vious to  the  passage  of  this  act,  to  pay  for  the  same  in  stock,  shall  in  no 
wise  be  affected  or  impaired :  And  provided  further,  that  there  shall  be 
allowed  on  every  payment  made  in  money,  at  or  before  the  same  shall 
fall  due,  for  lands  purchased  before  the  thirtieth  day  of  April,  one  thou- 
sand eight  hundred  and  six,  in  addition  to  the  discounts  now  allowed  by 
law,  a  deduction  equal  to  the  difference  at  the  time  of  such  payment, 
between  the  market  price  of  six  per  cent,  stock  and  the  nominal  value 
of  its  unredeemed  amount,  which  market  price  shall,  from  time  to  time, 
be  stated  by  the  Secretary  of  the  Treasury  to  the  officers  of  the  several 
land-offices. 

Sec.  2.  And  he  it  further  enacted.  That  the  commissioners  of  the 
sinking  fund  shall  not  be  authorized  to  purchase  any  of  the  several  spe- 
cies of  the  public  debt,  at  a  higher  price  than  at  the  rates  following,  that 
is  to  say ;  they  shall  not  pay  more  for  three  per  cent  stock  than  sixty 


PenalUei  up- 
on thoM  wlio 
•hall  import  in- 
to  the  United 
Statet  any  false 
or  counterfeit 
coins  to  be  cir- 
culated in  this 
country. 


Act  of  March 
3, 1825,  ch.  65, 
sec.  SO. 


Penalties  lor 
impairing,  ftlsi- 
fving,  £e.  &c. 
the  coins  of  the 
United  SUtes, 
or  those  of  for- 
eign countries 
in  circulation 
here. 


Jurisdiction 
of  the  individu- 
al states  not  to 
be    affected  by 
this  act. 


Statute  I. 


April  18,  1806. 


Repeal  of 
such  acts  as  au- 
thorise    the  re- 
ceipt   of  evi- 
dences of  public 
debt  in  payment 
for  land    afler 
the   30th  of 
April,  1806. 

Proviso. 


Rates  at  which 

Eurchases    may 
e  made  of  the 
public  debt  of 
the  United 
SUtes. 


406 


NINTH  CONGRESS.     Sis89. 1.  Ch.  51.     1806. 


fpart 
of  a  former  Uw, 
restricting  the 
commitsionert 
as  to  the  mode 
and  time  of  pur- 
chases. 


1792,  ch.  38, 
sec.  7,  8. 


Statute  I. 


per  cent,  of  its  nominal  value ;  nor  for  any  other  species  of  the  public 
debt  more  than  the  nominal  value  of  its  unredeemed  amount,  the  eight 
per  cent,  stock  only  excepted ;  for  which  they  shall  be  authorized,  in 
addition  thereto,  to  give  at  the  rate  of  one  half  of  one  per  cent,  on  the 
said  noqiiiial  value,  for  each  quarterly  dividend  which  may  be  payable 
on  such  purchased  stock,  from  the  time  of  such  purchase  to  the  first  day 
of  January,  one  thousand  eight  hundred  and  nine. 

Sec.  3.  And  be  it  further  enacted^  That  so  much  of  any  act  as 
directs  that  purchasers  of  the  public  debt,  by  the  commissioners  of  the 
sinking  fund,  shall  be  made  within  the  thirty  days  next  ensuing  after 
each  day  on  which  a  quarterly  payment  of  interest  on  the  debt  of  the 
United  States  shall  become  due:  and  also  so  much  of  any  act  as  directs 
that  the  said  purchases  shall  be  made  by  open  purchase  or  by  sealed 
proposals,  be,  and  the  same  hereby  is  repealed.  And  the  said  commis- 
sioners are  hereby  authorized  to  make  such  purchases,  under  the  restric- 
tions laid  by  the  preceding  section,  in  such  manner,  and  at  such  times 
and  places  as.  they  shall  deem  most  eligible;  and  for  that  purpose  to 
appoint  a  known  agent  or  agents,  to  whom  they  may  allow  a  commission, 
not  exceeding  one  fourth  of  one  per  cent  on  the  respective  purchases 
of  such  agents. 

Approved,  April  18,  1806. 


Franklin 
island. 

West    Passa- 
maquoddy  head. 


Proviso. 


April  21,  1806.  Chap.  LI. — Jn  Jet  for  ereeling  certain  laghthousea  in  the  state  if  MamachueetU  / 
for  building  a  beacon^  or  pier,  at  Bridgeport^  in  the  state  ef  Connecticut  ,•  and 
for  fixing  buoyt  in  Pamptico  sound,  in  the  state  of  North  Carolina, 

Lighthonses  Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
to  be  built.  iSSfirfcs  of  America  in  Congress  assembled,  That  the  Secretary  of  the 

Treasury  be,  and  he  is  hereby  authorized  and  directed  to  cause  to  be 
erected  the  following  lighthouses  in  the  state  of  Massachusetts : 

One  on  Franklin  island,  at  the  mouth  of  St.  George's  river,  in  the 
district  of  Maine. 

One  on  West  Passamaquoddy  head,  at  the  entrance  into  the  bay  and 
harbor  of  Passamaquoddy,  in  the  district  of  Maine. 

And  a  double  lighthouse  at  or  near  Chatham  harbor,  on  the  back  of 
Cape  Cod. 

Provided  sufficient  land  for  the  accommodation  of  the  said  lighthouses 
can  be  obtained  at  reasonable  prices,  and  the  legislature  of  Massachu- 
setts shall  cede  the  jurisdiction  over  the  same  to  the  United  States. 
And  the  Secretary  of  the  Treasury  is  hereby  authorized  to  agree  for  the 
salaries,  or  wages,  of  the  persons  who  may  be  appointed  by  the  President 
for  the  superintendence  and  care  of  said  lighthouses,  and  otherwise  to 
provide  for  the  same,  at  the  expense  of  the  United  States. 

Sec.  2.  And  be  it  further  enacted,  That  the  Secretary  of  the  Trea- 
sury be,  and  he  is  hereby  required  to  cause  a  beacon,  or  pier,  to  be 
erected  near  the  mouth  of  the  harbor  of  Bridgeport,  in  the  state  of  Con- 
necticut ;  and  to  cause  buoys  to  be  fixed  on  Bluff  Shoal,  Royal  Shoal, 
northwest  Straddle,  and  southwest  Straddle,  in  the  waters  of  Pamptico 
sound,  in  the  state  of  North  Carolina. 

Sec.  3.  And  be  it  further  enacted,  That  there  be  appropriated  for 
defraying  the  expense  of  erecting  each  of  the  aforesaid  lighthouses,  the 
sum  of  five  thousand  dollars :  for  the  expense  of  erecting  the  said  beacon, 
or  pier,  the  sum  of  one  thousand  dollars;  and  for  the  expense  of  fixing 
the  said  buoys,  one  thousand  dollars,  to  be  paid,  respectively,  out  of  any 
money  in  the  treasury,  not  otherwise  appropriated. 

Approved,  April  21,  1806. 


Beacons    or 
piers  to  be  also 
erected— at 
what  places. 


Appropriations 
for  erecting  the 
lighthottses  and 
piers. 


NINTH  CONGRESS.    Sess.  I.  Cn.  52,  53.     1806. 


407 


Chap.  LII. — Jn  Ad  mpplemerUary  to  Ike  aet  itUtttUed  **jin  aei  to  extend  jwri»» 
diction  in  certain  etues  to  the  territorial  eourtsj** 

Be  it  enacted  by  the  Senate  and  House  of  Rmresentatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  provisions  of  the 
act,  intituled  "An  act  for  providing  compensation  for  the  marshals, 
clerks,  attornies,  jurors  and  witnesses,  in  the  courts  of  the  United  States, 
and  to  repeal  certain  parts  of  the  acts  therein  mentioned,  and  for  other 
purposes,"  passed  February  the  twenty-eighth,  one  thousand  seven  hun- 
dred and  ninety-nine,  be,  and  the  same  hereby  are  extended  to  the  terri- 
tories of  the  United  States,  so  far  as  the  said  act  may  relate  to  the 
provisions  of  the  act,  intituled  "An  act  to  extend  jurisdiction  in  certain 
cases  to  the  territorial  courts,"  passed  March  the  third,  one  thousand 
eight  hundred  and  five,  excepting  that  the  clerks  of  the  said  territorial 
courts  shall  not  receive  the  additional  five  dollars  per  day,  allowed  to 
the  clerks  of  the  circuit  and  district  courts  by  the  third  section  of  the 
act  first  above  mentioned. 

Approved,  April  18, 1806. 


Statutb  I. 
April  18, 180g. 

Proyicions  of 
a  former  met  ex- 
tended to  the 
territoriet  of  the 
United  Sutei. 

Aet  of  Feb.  28. 
1799,  eh.  19. 


1806,  eh.  38. 


Chap.  LI II. — JSn  Jet  making  appropriationB  for  carrying  into  ^eet  certain  In- 
dian treaties. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  for  the  purpose  6f  carry- 
ing into  effect  a  treaty  l:^tween  the  United  States  and  the  DelawarcM, 
Potawatimies,  Miamies,  Eel  river  and  Weaws,  holden  at  Grouseland, 
near  Vincennes,  on  the  twenty-first  day  of  August,  one  thousand  eight 
hundred  and  five,  the  sum  of  one  thousand  six  hundred  dollars  is  hereby 
appropriated,  to  be  paid  to  the  said  tribes,  annually,  as  follows :  to  the 
Miamies,  six  hundred  dollars;  to  the  Eel  river  tribe,  two  hundred  and 
fifty  dollars ;  to  the  Weaws,  two  hundred  and  fifty  dollars ;  which  several 
annuities  shall  be  permanent:  and  to  the  Potawatimies,  annually,  for  the 
term  of  ten  years,  and  no  longer,  the  sum  of  five  hundred  dollars,  in 
addition  to  former  annuities. 

Sec.  2.  .And  be  it  further  enacted,  That  for  the  purpose  of  carrying 
into  effect  a  treaty  between  the  United  States  and  the  Wyandot,  Ottawa, 
Munsee  and  Delaware,  Shawanee,  and  Potawatimie  nations,  holden  at 
Fort  Industry,  on  the  fourth  day  of  July,  one  thousand  eight  hundred 
and  five,  the  annual  sum  of  eight  hundred  and  twenty-five  dollars  be, 
and  the  same  is  hereby  appropriated. 

Sec.  3.  And  be  it  further  enacted.  That  for  the  purpose  of  carrying 
into  effect  two  treaties  between  the  United  States  and  the  Cherokee 
Indians,  holden  at  Tellico,  on  the  twenty-fifth  and  twenty-seventh  days 
of  October,  one  thousand  eight  hundred  and  five,  a  sum  of  fifteen  thou- 
sand six  hundred  dollars,  and  the  further  annual  sum  of  three  thousand 
dollars  be,  and  the  same  is  hereby  appropriated. 

Sec.  4.  And  be  it  further  enacted,  That  for  the  purpose  of  carrying 
into  effect  a  convention  between  the  United  States  and  the  Greek  nation 
of  Indians,  concluded  at  the  city  of  Washington,  on  the  fourteenth  day 
of  November,  one  thousand  eight  hundred  and  five,  a  sum  of  twelve 
thousand  doUars,  annually,  for  eight  years,  and  the  sum  of  eleven  thou- 
sand dollars,  annually,  for  the  term  of  ten  years,  next  thereafter  succeed- 
ing, be,  and  the  same  are  hereby  apprq>riated. 

Sec.  5.  And  be  it  further  enactea.  That  the  several  sums  appropriatcfd 
by  this  act,  shall  be  paid  out  of  any  money  in  the  treasury,  not  otherwise 
appropriated. 

Approved,  April  21,  1806. 


Statute  I. 


April  SI,  1806. 


Specific   ap- 
propriationa. 


Specific    ap- 
propriation. 


SjNscific  ap- 
propriationa. 


Specific    ap- 
propriationt. 


429 


NINTH  CONGRESS.    Sbm.  IL  Ch.  1&    1807. 


President  an- 
thorized  to  ha?o 
them  origanixedy 
when  called  in- 
to mnrice. 

In  the  mean 
time  they  are  lo 

Serform   militia 
uty,  fre. 

Volanteert  to 
be  MTed  harm- 
let!  except  in 
casea  of  negli- 

Sence  or  acci- 
ental  loitei 
and  damage. 


Specific     ap. 
propriation. 


Statute  II. 

Feb.  34,  1807. 

Repeal  of  so 
roach  of  any  set 
as  giTee  juris- 
diction  of  cir- 
cuit to  the  dis- 
trict courts  of 
Kentucky,  £. 
andW.Tennes. 
see,  and  Ohio. 

Act  of  March 
S3, 1804,  ch. 31, 
sec.  6, 

Districts  es- 
tablished for  the 
circuit  courts. 
These  districts 
to  compose  the 
seven ih  circuit. 

Sessions  of 
the   circuit 
courts,  and 
places  where  to 
be  held. 

Kentuckj. 

Act  of  March 
32, 1808,  ch. 38, 
sec.  1,2,  3,4. 

Tennessee. 

Ohio. 


selres,  shall  be  entitled,  when  called  into  actual  senrioe,  to  receire  in 
money  a  anm  equal  to  the  cost  of  the  clothing  of  a  non-commiasioned 
officer,  or  private  (as  the  case  may  be)  in  the  regular  troops  of  the 
United  Sutes. 

Sec.  3.  And  be  itjurther  enacted.  That  the  President  of  the  United 
States  be,  and  he  hereby  is  authorized  to  organize  the  companies  so 
tendering  their  service,  as  aforesaid,  into  battalions,  squadrons,  regiments, 
brigades,  and  divisions,  as  soon  as  the  number  of  volnnteers  shaU  render 
such  organization,  in  his  judgment,  expedient;  but  until  caUed  into 
actual  service,  such  companies  shall  be  bound  to  do  regular  militia  duty 
as  is  required  by  law  in  like  manner  as  before  the  passage  of  this  act 

Ssc.  4.  And  be  it  Jurfker  enacted,  That  in  case^y  volunteer  above 
mentioned,  while  in  actual  service,  shall  sustain  any  damage,  by  injury 
done  to  his  horse,  or  such  other  equipment  as  shall  have  been  furnished 
at  his  own  expanse,  or  by  loss  of  the  same,  without  any  fault  or  negli- 
gence on  his  part,  a  reasonable  sum,  to  be  ascertained  in  such  manner  as 
the  President  of  the  United  States  may  direct,  shaU  be  allowed  and  paid 
to  such  volunteer  for  each  and  every  such  damage  or  loss. 

Sec.  5.  And  be  it  further  enacted,  That  the  sum  of  five  hundred 
thousand  dollars,  to  be  paid  out  of  any  monies  in  the  treasury  not  other- 
wise appropriated,  be,  and  the  same  hereby  is  appropriated  towards  de- 
fraying any  expense  incurred  by  virtue  of  the  provisions  of  this  act. 

Approved,  February  24,  1807. 


1707,  ch.  2. 

All  the  aa- 
thoritT,  flfcc. 
vested  in  the 
several  circuit 
courts,  vested 
in  this  court. 

Causes,   8co. 
returnable  to 
the    circuit 
court  and  tried 
therein. 


Chap.  XVL — An  Jet  estabUMnfr  (Xrettit  Qmrt$^  and  abridging  the  ^ 
(f  the  dietrtei  eowie  in  the  aietride  (f  Kentucky  ^  Tenneeau  < 

Be  it  enacted  by  the  Senate  and  House  of  RepresentaHves  of  the  United 
States  of  America  in  Congress  assembled.  That  so  much  of  any  act  or 
acts  of  Congress,  as  vests  in  the  district  courts  of  the  United  States,  in 
the  districts  of  Kentucky,  Bast  and  West  Tennessee  and  Ohio,  the  powers, 
authority  and  jurisdiction  of  the  circuit  courts  of  the  United  States^ 
shall  be,  and  the  same  is  hereby  repealed. 

Sec.  2.  Be  it  further  enacted.  That  for  the  purpose  of  holding  there- 
in  the  circuit  courts,  to  be  established  by  this  act;  the  state  of  Kentucky 
shall  constitute  one  district,  the  state  of  Tennessee  one  district,  and  the 
state  of  Ohio  one  district,  and  the  said  districts  of  Kentucky,  Tennessee, 
and  Ohio,  shall  constitute  and  be  denominated  the  seventh  circuit.  And 
there  shall  be  holden  annually  in  each  district  of  the  said  circuit,  two 
courts,  to  be  called  circuit  courts,  and  to  consist  of  one  justice  of  the 
supreme  court  of  the  United  States,  and  the  judge  of  the  district  where 
such  court  shall  be  holden.  And  the  sessions  of  the  said  courts,  in  the 
district  of  Kentucky,  shall  be  held  at  Frankfort,  and  commence  on  the 
first  Monday  in  May  and  November,  annually;  in  the  district  of  Tenne»- 
see,  at  Knoxville  and  Nashville,  alternately,  to  commence  on  the  first 
Monday  in  June  and  third  Monday  in  October,  annually,  beginning  at 
Nashville;  and  in  the  district  of  Ohio,  at  Chilicothe,  to  commence  on 
the  first  Monday  in  January  and  September,  annually.  And  the  circuit 
court  of  Tennessee,  shall  designate  at  which  of  the  two  places  where 
the  said  court  is  hereby  directed  to  be  holden,  the  office  of  clerk  thereof 
shall  be  kept. 

Sec.  3.  Be  it  further  enacted.  That  all  the  authority,  powers  and 
jurisdiction,  vested  in  the  several  circuit  courts  of  the  Unit^  States,  or 
the  judges  thereof,  or  either  of  them,  shall  be,  and  hereby  are  vested  in, 
and  may  be  exercised  by  the  several  circuit  courts  of  the  seventh  circuit, 
and  the  judges  thereof:  and  that  all  actions,  causes,  pleas,  process,  and 
other  proceedings,  relative  to  any  cause,  civil  or  criminal,  which  shall 
be  returnable  to,  or  depending  in  the  several  district  courts  of  Kentucky, 
Tennessee  and  Ohio,  acting  as  circuit  courts,  on  the  first  day  of  May 


NINTH  CONGRESS.    SE88.n.  Ch.  17.    1807. 


421 


nexi»  BhaU  be,  and  hereby  are  declared  to  be  respectiyely  transferred, 
Tetnrnable,  and  continued,  to  the  severa]  circuit  courts  constituted  bjr 
this  act,  at  the  times  herein  appointed  for  the  session  of  each  of  the  said 
courts,  and  shall  be  heard,  tried,  and  determined  therein,  in  the  same 
manner,  and  with  the  same  efiect,  as  if  no  change  had  been  made  hereby 
in  the  courts  of  the  said  district.  And  the  said  circuit  courts  of  the 
se?enth  circuit,  shall  be  gorerned  by  the  same  laws  and  regulations  as 
apply  to  the  other  circuit  courts  of  the  United  States,  and  shall  appoint 
clerks  for  the  said  courts  respectively,  who  shall  reside,  and  keep  the 
records  of  the  said  courts,  at  the  places  of  holding  the  courts,  whereto 
they  shall  respectively  belong,  except  as  herein  before  provided,  and 
shall  perform  the  same  duties,  and  be  entitled  to,  and  receive  the  same 
emoluments  and  fees,  respectively,  which  are  by  law  established  for  the 
clerks  of  the  other  circuit  courts  of  the  United  States. 

Sec.  4.  Be  it  further  enacted.  That  the  state  of  Tennessee  shall 
be  divided  into  two  districts,  for  the  purpose  of  holding  district  courts 
in  the  same,  one  to  consist  of  that  part  thereof,  which  by  the  laws  of  the 
said  state,  now  forms  the  districts  of  Washington  and  Hamilton,  which 
shall  be  called  the  district  of  East  Tennessee ;  and  one  other  to  consist 
of  all  that  part  of  the  state  of  Tennessee,  which  by  the  laws  of  the  said 
state  now  forms  the  districts  of  Winchester,  Mero  and  Robertson,  which 
shall  be  called  the  district  of  West  Tennessee;  and  all  the  authority, 
powers  and  jurisdiction,  vested  in  the  several  district  courts  of  the  United 
States,  and  the  judges  thereof,  in  those  districts  in  which  circuit  courts 
are  now  held,  shall  be  retained,  and  may  be  exercised  by  the  several 
district  courts  of  Kentucky,  East  and  West  Tennessee,  and  Ohio,  and 
the  several  judges  thereof.  And  the  sessions  of  the  said  district  courts 
shall,  after  the  first  day  of  May  next,  be  as  follows:  in  Kentucky,  at 
Frankfort,  two  sessions,  to  commence  on  the  first  Mondays  in  June  and 
December,  annually ;  in  East  Tennessee,  at  Knoxville,  two  sessions,  to 
commence  on  the  third  Monday  in  April  and  second  Monday  in  October, 
annually ;  and  at  Nashville,  two  sessions,  to  commence  on  the  fourth 
Mondays  in  May  and  November,  annually;  and  in  Ohio,  at  Chilicothe, 
three  sessions,  to  commence  on  the  first  Mondays  in  February,  June  and 
October,  annually;  and  all  actions,  causes,  pleas,  process,  and  other  pro- 
ceedings, relative  to  any  cause,  civil  or  criminal,  which  shall  have  been 
issued,  and  shall  be  returnable  to,  or  depending  in  the  said  several  dis- 
trict courts  of  the  United  States,  acting  as  district  courts,  on  the  said 
first  day  of  May  next,  shall  be  returned  and  held  continued  to  the  said 
several  district  courts,  respectively,  at  the  times  herein  before  appointed 
for  holding  the  same. 

Sbc.  5.  Be  it  further  enacted,  That  the  supreme  court  of  the  United 
States  shall  hereafter  consist  of  a  chief  justice,  and  six  associate  justices, 
any  law  to  (the)  contrary  notwithstanding.  And  for  this  purpose  there 
shall  be  appointed  a  sixth  associate  justice,  to  reside  in  the  seventh 
circuit,  whose  duty  it  shall  be,  until  he  is  otherwise  allotted,  to  attend 
the  circuit  courts  of  the  said  seventh  circuit,  and  the  supreme  court  of 
the  United  States,  and  who  shall  take  the  same  oath,  and  be  entitled  to 
the  same  salary  as  are  required  of,  and  provided  for  the  other  associate 
justices  of  the  United  States. 

Approved,  February  24, 1807. 


The  eircait 
coarto   of    tbe 
•CTenth    circuit 
to  be  gOTeraed 
by  tbe  same 
lawi  M  otber 
circuit  courta. 


State  of  Ten- 
neaaee  to  be  di- 
vided into  two 
districts,  Sec. 

East  Tennes- 


WestTennes- 


Ohio. 


Act  of  March 

86, 1810,  ch.  18. 

1809,  eh.  14. 


Supreme  court 
to  consist  in  fu- 
ture of  seven 
judges,  iic. 


Statute  II. 


Chap.  XVII.^^  JUt  to  eoniitwe  in  force  for  a  further  time^  on  ad  intituled     Feb.  S4, 1807. 

*^An  ael  to  nupend  the  commercial  tntercour$e  oetwem  the  United  Stata  and    

certain  parte  cf  the  island  tf  St,  Domingo.** 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United  ,.^^2™ed  in*** 
States  of  America  in  Congress  assernhhtl.  That  the  act,  intituled  "An   force. " 
act  to  suspend  tbe  commercial  intercourse  between  the  United  States 
^  2N 


422 


NINTH  CONGRESS.    Sess.  II.  Ch.  18, 19.    1807. 


Act  of  Feb.  and  certain  parts  of  the  island  of  St.  Domingo/'  passed  on  the  twenty- 
S8, 1806,  ch.  9.  eighth  day  of  February,  one  thousand  eight  hundred  and  six,  be,  and 
the  same  hereby  is  continued  in  force  unS  the  end  of  the  next  session 
of  Congress,  and  no  longer. 

Sec.  2.  And  be  it  further  enacted^  That  the  prohibitions  and  provi- 
sions of  the  aforesaid  act  shall  be  construed,  and  are  hereby  declared 
to  extend  to  Gonoave  and  Tortuga,  and  to  any  other  dependency  of  the 
said  island  of  St  Domingo,  not  in  possession  of,  or  under  the  acknow- 
ledged government  of  France. 

Approved,  February  24,  1807. 


Piohibitioni 
of    fonner    act 
extended  fur- 
ther. 


Statute  II. 

Feb.  24,  1807. 

Act  of  Feb. 
27, 1801, ch.  15. 

Act  of  May  3, 
1802,  ch.  63. 

Provisions  of 
a  former  act  re- 
specting  writs 
of  capiat  ad  to- 
titfaciendum  re- 
pealed. 


Said  writs 
made  retumaole 
as    if    that  act 
had  not  passed, 
&c. 

Part  of  former 
act  repealed. 


Statute  TI. 
Feb.  24,  1807. 


Costs  to  be 
paid   by  claim- 
ants when  there 
was  a  reasona- 
ble cause  for 
seizure. 


CBAP,Xyill.^^n  Act  further  wpplemeniary  to  theaet^  itUUukd  **An  act  eon- 
cerning  the  Dietriet  of  Columbia,^^ 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  lliat  so  much  of  the  act, 
intituled  "An  act  additional  to,  and  amendatory  of  an  act,  intituled  An 
act  concerning  the  district  of  Columbia,''  as  directs  that  no  a:^as  ad 
satisfaciendum  sham  thereafter  issue  on  any  judgment  rendered  by  a  single 
magistrate,  or  in  any  case  where  the  judgment  shall  not  exceed  twenty 
dollars,  shall  be,  and  the  same  is  hereby  repealed,  and  in  all  such  cases 
a  writ  or  writs  of  capias  ad  satisfaciendum  may  hereafter  issue,  any  thing 
in  the  said  recited  act  to  the  contrary  notwithstanding. 

Sec.  2.  And  be  it  further  enacted,  That  such  writs  of  capias  ad  satis- 
faciendum shall  be  issued,  directed,  and  made  returnable  in  like  manner, 
and  the  clerk  and  constable  shall  be  entitled  to  the  same  fees  therein,  as 
the  said  act  herein  before  recited  directs  and  allows  in  cases  of  execu- 
tions against  the  goods  and  chattels  of  the  debtor. 

Sec.  3.  And  be  it  further  enacted,  That  the  eighth  section  of  the 
aforesaid  act  shall  be,  and  the  same  is  hereby  also  repealed. 

Approved,  February  24, 1807. 


Proviso. 


Chap.  XIX. — An  Jtet  remeding  seizuret  made  under  the  authority  of  the  United 
States,  and  for  other  purposes. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  when  any  prosecution 
shall  be  commenced  on  account  of  the  seizure  of  any  ship  or  vessel, 
goods,  wares,  or  merchandise,  made  by  any  collector  or  other  officer, 
under  any  act  of  Congress  authorizing  such  seizure,  and  judgment  shall 
be  given  for  the  claimant  or  claimants,  if  it  shall  appear  to  the  court  before 
whom  such  prosecution  shall  be  tried,  that  there  was  a  reasonable  cause 
of  seizure,  the  said  court  shall  cause  a  proper  certificate  or  entry  to  be 
made  thereof:  and  in  such  case  the  claimant  or  claimants  shall  not  be 
entitled  to  costs,  nor  shall  the  person  who  made  the  seizure,  or  the  pro- 
secutor, be  liable  to  action,  suit  or  judgment  on  account  of  such  seizure 
and  prosecution  :(a)  Provided,  that  the  ship  or  vessel,  goods,  wares,  or 


(a)  Seizure.  *'  Probable  cause'*  means  less  than  evidence  which  would  justify  condemnation.  It  im. 
ports  a  seizure  made  under  circumstances  which  warrant  suspicion.  Locke  v.  The  United  States,  7 
Cranch,  339  ;  2  Cond.  Rep.  621. 

A  doubt  concerning  the  construction  of  a  law,  may  be  a  good  gronnd  for  seizure,  and  authorize  a  cer- 
tificate of  probable  cause.    The  United  Sutes  v.  Riddle,  6  Cranch,  311 ;  2  Cond.  Rep.  266. 

If  a  collector  justify  the  detention  of  a  vessel  under  the  11th  section  of  the  embargo  law  of  April  25, 
1808,  he  need  not  show  Uiat  his  opinion  was  correct,  nor  that  he  used  reasonable  care  and  diligence  in 
ascertaining  the  facts  upon  which  nis  opinion  was  founded.  It  is  sufficient  if  he  honestly  entertained  the 
opinion  in  which  he  acted.    Otis  v.  Watkins,  9  Cranch,  339;  3  Cond.  Rep.  424. 

Where  a  seiztfte  for  a  breach  of  the  laws  of  the  United  States,  is  finally  adjudged  wrongful  and  with- 
out probable  cause  by  the  courts,  the  party  may  proceed,  at  his  election,  by  a  suit  at  common  law,  or  in 
the  instance  court  of  the  admiralty  for  the  illegal  act.  But  the  common  law  remedy  in  such  cases  must 
be  sought  in  the  state  courts,  the  courts  of  the  United  States  having  no  jurisdiction  to  decide  on  the  eon- 
duct  of  their  officers  in  the  execution  of  their  laws,  in  suits  at  common  law,  until  the  case  eball  have 
passed  through  the  sUte  conrta.    Slocnm  «.  Maybeiry  et  al.,  8  Wheat.  1;  4  Cond.  Rep.  1. 


NINTH  CONGRESS.    Sess.  H.  Cb.  20.    1807. 


428 


merchandise  be,  afler  judgment,  forthwith  retarned  to  such  claimant  or 
claimants,  his,  hor,  or  their  agent  or  agents. 

Sec.  2.  And  be  it  further  enacted,  That  the  accounting  officers  of 
the  treasury  be,  and  they  are  hereby  authorized  and  directed  to  allow  to 
the  collector  of  New  York,  in  the  settlement  of  his  accounts,  the  amount 
of  damages  and  costs  recovered  from  and  paid  by  him,  by  virtue  of  judg- 
ments rendered  in  the  supreme  court  of  the  state  of  New  York,  on  ac- 
count of  the  seizure  of  the  ship  Liberty,  and  of  the  ship  Two  Marys ; 
which  vessels  had  been  seized  and  libelled  for  a  presumeid  infraction  of 
the  provisions  of  the  act,  intituled  ''An  act  concerning  the  registering  and 
recording  of  ships  or  vessels." 

Approved,  February  24,  1807. 


OflBcenofthe 
treasury  to  al- 
low the  col. 
lector  of  New 
York  for  certain 
suma  recovered 
of  him,  &c. 


1798,  ch.  1. 


Statute  II. 
Feb.  24, 1807. 

Act  of  April 
10, 1816,  ch.  44, 
lec.  18. 

Punishment 
for  falsely  mak- 
ing, forffing,  or 
counterfeiting 
notes  of  the 
Bank  of  the  U. 
Sutes. 


Chap.  XX.-^n  Ad  to  pwmh  frauds  commitied  on  the  Bank  cf  the  United 

SlateB.{a) 

Be  it  enacted  b^  the  Senate  and  House  of  Representatives  of  theUnited 
States  rf  America  in  Congress  assembled,  That  if  any  person  shall  falsely 
make,  forge,  or  counterfeit,  or  cause  or  procure  to  be  falsely  made, 
forged  or  counterfeited,  or  willingly  aid  or  assist  in  falsely  making, 
forging  or  counterfeiting  any  bill  or  note  in  imitation  of,  or  purporting 
to  be  a  bill  or  note  issued  by  order  of  the  president,  directors  and  com- 
pany of  the  Bank  of  the  United  States,  or  any  order  or  check  on  the 
said  bank  or  corporation,  or  any  cashier  thereof,  or  shall  falsely  alter,  or 
cause  or  procure  to  be  falsely  altered,  or  willingly  aid  or  assist  in  falsely 
altering  any  bill  or  note  issued  by  order  of  the  president,  directors  and 
company  of  the  Bank  of  the  United  States,  or  any  order  or  check,  on 
the  said  bank  or  corporation,  or  any  cashier  thereof,  or  shall  pass,  utter 

If  a  suit  be  brought  against  the  seizing  officer  for  a  supposed  trespass  in  making  a  seixore  of  a  vessel 
for  a  supposed  forfeiture,  while  the  suit  is  depending,  the  fact  of  such  pendency  may  be  pleaded  in 
abatement,  or  as  a  temporary  bar  to  the  action ;  if  afler  a  decree  of  condemnation,  then  that  fact  may  be 
pleaded  as  a  bar :  if  after  an  acquittal  without  a  certificate  of  probable  cause,  then  the  officer  is  with- 
out any  justification  for  the  seizure,  and  it  is  definitively  settled  to  be  a  tortious  act.  Gelston  et  al.  o. 
Hoyt,  3  Wheal.  346 ;  4  Cond.  Rep.  244. 

To  justify  a  seizure  there  must  be  probable  cause  of  seizure ;  and  if  an  officer  of  the  customs  seize 
without  probable  cause,  no  indictment  lies  for  resisting  him  in  the  seizure,  for  he  is  not  in  the  execution 
of  his  office.    United  States  v.  Gay,  2  Galiis.  C.  C.  R.  359. 

Seizures  for  breach  of  municipal  laws,  are  made  at  the  peril  of  the  seizers.  If  made  without  probable 
cause,  the  seizer^  are  liable  for  all  the  consequences ;  lor  the  act  is  construed  a  tortious  act,  and  his 
diligence  for  the  preservation  of  the  propertjr,  is  no  defence  against  losses  occasioned  by  the  superior 
force,  or  inevitable  casualty.     Burke  v.  Trevitl,  1  Mason's  C.  C.  R.  96. 

(a)  Indictment  in  the  circuit  court  of  North  Carolina,  for  the  forging  of,  and  an  attempt  to  pass  a  cer- 
tain  paper  writing  in  imitation  of,  and  purporting  to  be,  a  bill  or  note  issued  by  the  president  and 
directors  of  the  Bank  of  the  United  States,  provided  in  the  18th  section  of  the  act  of  18 lo,  esublishing 
the  Bank  of  the  United  States.  The  note  was  signed  with  the  name  of  "  John  Huske,'*  who  had  not 
been  at  any  time  president  of  the  Bank  of  tlie  United  States ;  but  who  at  the  date  of  the  counterfeiting 
was  president  of  the  office  of  discount  at  Fayetteville ;  and  was  countersigned  by  the  name  of  «  John  W. 
Sanford,"  who  at  no  time  was  cashier  of  the  mother  Bank,  but  was  at  the  said  date  cashier  of  the  said 
office  of  discount  and  deposit.  Held,  that  this  was  an  offence  within  the  provisions  of  the  law.  United 
Sutes  o.  Turner,  7  Peters,  132. 

Indictment  on  the  18th  section  of  the  act  of  Congress,  entitled,  «  An  act  to  incorporate  the  Bank  of 
the  United  States,**  passed  April  15,  1816.  The  indictment  charged  the  defendant  with  utterinff  and 
forging  «a  counterfeit  bill  in  imitation  of  a  bill  used  by  the  president,  frc,  of  the  bank.**  The  forged 
paper  was  in  these  words  and  figures :  "  Cashier  of  the  Bank  of  tho  United  States,  pay  C.  W.  Earnest  or 
oraer,  five  dollars.  Office  of  discount  and  deposit  in  Pittsburg,  lOlh  day  of  December,  1829.  A.  Brack, 
enridge,  Pres't,  J.  Correy,  Cash'r.**  "Pay  Dearer,  C.  W.  Earnest.*'  Held,  that  a  genuine  instrument 
of  which  the  forged  and  counterfeited  instrument  is  an  imitation,  is  not  a  bill  issued  by  order  of  the  pre- 
sident of  the  Bank  of  the  United  States,  according  to  the  true  intent  and  meaning  of  the  18th  section  of 
the  act  incorporating  the  bank.    The  United  States  v,  Brewster,  7  Peters,  164. 

Counterfeiting  an  indorsement  on  a  post  note  of  the  Bank  of  the  United  States,  is  not  an  offence  under 
the  18th  section  of  tha  act  incorporating  the  bank.    United  Sutes  r.  Stewart,  4  Wash.  C.  C.  R.  226. 

In  a  prosecution  for  forging  tne  notes  of  the  Bank  of  the  United  States,  it  is  not  necessary  to  prove 
that  it  was  committed  with  intention  to  defraud  some  corporation  or  person,  and  that  Uie  notes  stated  in 
the  indictment,  and  given  in  evidence  as  forged,  and  those  alleged  to  be  forged,  are  the  same.  United 
Sutes  V.  Reuben  Moses,  4  Wssh.  C.  C.  R.  726. 

An  order  on  the  cashier  of  the  Bank  of  tho  United  Sutes,  is  evidence  for  supporting  an  indictment  for 
forging  an  order  on  the  cashier  of  the  corporation  of  the  Bank  of  the  United  Sutes.  United  Sutes  v. 
Hinman,  Ba1dwin*s  C.  C.  R.  292. 


424 


NINTH  CONGRESS.    8m.  U.  Ch.  21.    1807. 


Orchecki  or 
Olden  thereon. 


SaTing:  of  tiio 
juriMliction  of 
■tate  coorta. 

Repeal  of  act 
of  Jooe  SI, 
1798,  ch.  61. 


or  publish,  or  attempt  to  pass,  utter  or  publish  as  true,  any  false,  forged, 
or  counterfeited  bill,  or  note,  purporting  to  be  a  bill,  or  note,  issued  by 
order  of  the  president,  directors  and  company  of  the  Bank  of  the  United 
States,  or  any  false,  forged,  or  counterfeited  order  or  check,  upon  the 
said  bank  or  corporation,  or  any  cashier  thereof,  knowing  the  same  to 
be  falsely  forged  or  counterfeited,  or  shall  pass,  utter,  or  publish,  or 
attempt  to  pass,  utter  or  publish,  as  true,  any  falsely  altered  bill  or  note, 
issued  by  order  of  the  president,  directors  and  company  of  the  Bank  of 
the  United  Sutes,  or  any  falsely  altered  order  or  check,  on  the  said  bank 
or  corporation,  or  any  cashier  thereof,  knowing  the  same  to  be  falsely 
altered  with  intention  to  defraud  the  said  corporation,  or  any  other 
body  politic,  or  person ;  every  such  person  shall  be  deemed  and  adjudged 
guilty  of  felony,  and  being  thereof  convicted  by  due  course  of  law,  shall 
be  sentenced  to  be  imprisoned,  and  kept  to  hard  labour,  for  a  period  not 
less  than  three  years,  nor  more  than  ten  years,  or  shall  be  imprisoned 
not  exceeding  ten  years,  and  fined  not  exceeding  five  thousand  dollars : 
Provided,  that  nothing  herein  contained  shall  be  construed  to  deprive 
the  courts  of  the  individual  states  of  a  jurisdiction  under  the  laws  of  the 
several  states,  over  the  oflfence,  declared  punishable  by  this  act. 

Sec.  2.  And  be  it  jfnrther  enacted,  That  the  act,  intituled  «An  act 
to  punish  frauds  committed  on  the  Bank  of  the  United  States,"  passed 
the  twenty-seventh  day  of  June,  one  thousand  seven  hundred  and  ninety- 
eight,  shall  be  and  the  same  is  hereby  repealed :  Provided  nevertheless, 
that  the  repeal  of  the  said  act  shall  not  be  so  construed,  as  to  prevent 
the  trial,  condemnation  or  punishment  of  any  person,  or  persons,  charged 
with  or  ^ilty  of  a  violation  of  any  of  its  provisions,  previous  to  the  pass- 
ing of  this  act. 

Approved,  February  24, 1807. 


Statute  II. 


March  2, 1807. 

Act  of  Aug. 
10, 1790,  ch.  40. 

Act  of  Jane  9, 
1794,  ch.  62. 

Act  of  June 
S6,1813,ch.l09. 


Chap.  XXI. — Jin  Act  to  extend  the  time  for  locating  Viteinia  miiitary  [landj 
warrants,  for  returning  surveys  thereon  to  the  office  of  Uu  Secretary  of  the  de* 
partment  of  War,  and  appropriating  lands  for  the  use  of  schools,  tn  the  Vir* 
ginia  mUitary  reservation,  in  Ueu  of  those  heretofore  appropriated. (a) 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  the  officers  and  soldiers 


(a)  Under  the  resenre  contained  in  the  cession  act  of  Virginia,  and  under  the  acts  of  Congress  of  Ao* 
gust  10,  1790,  and  of  June  9,  1794,  the  whole  country  lying  between  the  Sciota  and  Little  Miami  rivers, 
was  subjected  to  military  warrants,  to  satisfy  which  the  reserve  was  made.  Doddridge  v.  Thompson,  9 
Wheat.  469 ;  5  Cond.  Rep.  645. 

The  territory  lying  between  the  two  rivers,  is  the  whole  country  from  their  sources  to  their  mouths ; 
and  if  no  branch  of  either  of  tliem  has  acquired  the  name  exclusively  of  another,  the  main  branch  to  its 
source  must  be  considered  the  true  river.    Ibid. 

The  act  of  June  26, 1S12,  to  ascertain  the  western  boundary  of  the  tract  reserved  for  military  warrants, 
and  which  provisionallv  designates  Ludlow*s  line,  as  the  western  boundary,  did  not  invalidate  the  title  to 
the  land  between  that  line  and  Roberts's  line,  acquired  under  a  Virginia  military  warrant  previous  to  the 
passage  of  that  act.    Ibid, 

The  land  between  Ludlow's  and  Roberts's  line  was  not  withdrawn  from  the  territory  liable  to  be  sur- 
veyed for  military  warrants  by  any  act  of  Congress  passed  before  the  act  of  June  12,  1812.    Ibid. 

The  reservation  made  by  tne  law  of  Virginia  of  1783,  ceding  to  Congress  the  territor^r  northwest  of 
the  river  Ohio,  is  not  a  reservation  of  the  whole  tract  of  country  between  the  rivers  Sciota  and  Little 
Miami.  It  is  a  reservation  of  only  so  much  as  may  be  necessary  to  make  up  any  deficiency  of  good  land 
in  the  country  set  apart  for  the  officers  and  soldiers  of  the  Virgmia  line  on  continental  esUblishroent,  on 
the  southeast  side  of  the  Ohio.  The  residue  of  the  lands  are  coded  to  the  United  States  as  a  common 
fund  for  those  states  who  come  or  might  become  members  of  the  Union ;  to  be  disposed  of  for  that  pur- 
pose.    Jackson  e.  Clarko  et  a1.,  1  Peters,  636. 

Although  the  military  lands  constituted  the  primary  claim  upon  the  trust,  that  claim  was  according  to 
the  intention  of  the  parties  so  to  be  satisfied,  as  still  to  keep  in  view  the  interests  of  the  Union,  which 
were  also  vital  objecU  of  the  trust.  This  was  only  to  be  effected  by  prescribing  the  time  in  which  the 
lands  to  be  appropriated  by  those  claimanU  should  be  separated  from  the  general  mass,  so  as  to  enable 
the  government  to  apply  the  residue  to  the  general  purposes  of  the  trust.    Ibid, 

If  the  right  existed  in  Congress  to  prescribe  the  time  in  which  military  warrants  should  be  located,  the 
right  to  annex  conditions  to  its  extension,  follows  as  a  necessary  consequence.    Ibid. 

If  it  be  conceded  that  the  proviso  in  the  act  of  March  2,  1807,  was  not  intended  for  the  protection  of 
surreys  which   were    in  themselves  absolutely  void,  it  mutt  be  admitted  that  it  was  intended  to  protect 


NINTH  CONGRESS.    Sess.  IL  Ch.  31.    1807. 


425 


A  further  time 
illowed  for 
completing   lo- 
cations. 


1804,  ch.  33. 


ProTiao. 


of  the  Virginia  line  on  oontinental  establishment,  their  heirs  or  assigns, 
entitled  to  bounty  lands  within  the  tract  reserved  by  Virginia,  between 
the  little  Miami  and  Scioto  rivers,  foir  satisfying  the  legal  bounties  to 
her  officers  and  soldiers  upon  continental  establishment,  shall  be  allowed 
a  further  time  of  three  years,  from  the  twenty-third  of  March  next,  to 
complete  their  locations,  and  a  further  time  of  five  years  from  the  said 
twenty-third  of  March  next,  to  return  their  surveys  and  warrants,  or  cer* 
tified  copies  of  warrants,  to  the  office  of  the  Secretary  of  the  War  depart- 
ment, any  thing  in  the  act  intituled  "An  act  to  ascertain  the  boundary 
of  the  lands  reserved  by  the  state  of  Virginia,  northwest  of  the  river 
Ohio,  for  the  satisfaction  of  her  officers  and  soldiers  on  continental 
establishment,  and  to  limit  the  period  for  locating  the  said  lands,"  to 
the  contrary  notwithstanding :  Provided^  that  no  locations,  as  aforesaid, 
within  the  above  mentioned  tract,  shall,  after  the  passing  of  this  act, 
be  made  on  tracts  of  land  for  which  patents  had  previously  been  issued, 
or  which  had  been  previously  surveyed,  and  any  patent  which  may 
nevertheless  be  obtained  for  land  located  contrary  to  the  provisions  of 
this  section,  shall  be  considered  as  null  and  void. 

Sbc.  2.  And  he  it  further  enacted,  That  the  Secretary  of  the  Trea- 
sury be,  and  he  is  hereby  authorized  to  obtain  cc^ies  of  all  the  locations 
and  surveys,  which  have  been,  or  may  be  made  within  the  above  men- 
tioned tract,  and  to  cause  to  be  run  or  surveyed,  as  many  straight  lines 
across  the  same,  as  he  may  deem  necessary,  not  exceeding  three :  and 
from  these  and  such  other  documents  as  may  be  obtained,  to  cause  to 
be  made  a  general  connected  plat  of  all  the  lands  located  and  surveyed 
within  the  same ;  a  copy  of  which  shall  be  deposited  in  the  war  departp 
ment,  and  another  copy  shall  be  laid  before  Congress,  together  with  an 
estimate  of  the  surplus  which  may  remain,  after  satisfying  the  bounties 
above  mentioned.  And  the  expenses  incurred  in  surveying  the  lines, 
and  obtaining  the  copies  aforesaid,  and  in  preparing  the  general  plat 
above  mentioned,  shall  be  defrayed  out  of  the  monies  appropriated  for 
completing  the  surveys  of  the  public  lands  northwest  of  the  river  Ohio. 

Sec.  3.  And  be  it  further  enacted,  That  eighteen  quarter  townships 
and  three  sections,  to  be  selected  by  the  Secretary  of  the  Treasury,  by 
lot,  in  that  tract  of  land  in  the  state  of  Ohio,  lately  purchased  from  the 
Indians,  and  lyinff  between  the  tr4ict  commonly  called  the  United  States 
military  tract,  and  the  tract  commonly  called  the  Connecticut  reserve, 
be,  and  the  same  are  hereby  appropriated  for  the  use  of  schools,  in  that 
tract  of  land  in  the  state  aforesaid,  commonly  called  "  the  Virginia  mili- 
tary reservation,"  and  be  vested  in  the  legislature  of  that  state,  in  trust 
for  the  use  aforesaid,  and  for  no  other  use,  intent,  or  purpose  whatever ; 
which  said  eighteen  quarter  townships  and  three  sections,  are  thus  ap- 
propriated, and  vested  in  lieu  of  the  one  thirty-sixth  part  of  the  tract 
aforesaid,  called  the  "  Virginia  military  reservation,"  which  by  a  former 
act  had  been  appropriated  and  vested  as  aforesaid,  for  the  use  of  schools 
within  the  same :  Pnmded  however,  that  no  quarter  townships,  includ- 
ing the  section  number  sixteen  of  such  township,  shall  be  selected  as 
aforesaid  for  the  purpose  above  mentioned.  Ana  provided  also,  and  it 
b  hereby  understood  and  declared,  that  the  said  eighteen  qiiarter  town- 

thote  which  were  defectiTO,  and  which  might  be  avoided  for  irregularity.  If  this  effect  be  denied  to  the 
prorito  it  becomes  itoelf  a  nullity.    Hid, 

Landi  snnreyed  are  ae  completely  withdrawn  from  the  common  maet,  ae  lands  patented.  It  cannot  be 
■aid  that  the  prohibition  that  «  no  location  shall  be  made  on  tracts  of  land  for  which  patents  have  pre- 
vioasly  been  issued,  or  which  had  been  previously  surveyed,*'  was  intended  only  for  valid  and  regular 
surveys.  They  did  not  require  lenslative  aid.  The  clause  was  introduced  for  the  protection  of  defective 
entries  and  surveys,  which  might  be  made  in  quiet  times.    IhUL 

Under  the  peculiar  system  of  the  Virginia  land  law,  as  it  has  been  settled  in  Kentucky  and  the  militair 
district  in  Ohio,  by  usages  adapted  to  the  circumstances  of  the  country,  many  principles  are  establisheOj 
which  are  unknown  to  the  common  law.  A  long  course  of  adjudication  has  fixed  these  principles,  and 
they  are  considered  as  the  settled  rules  by  which  these  military  titles  are  to  be  governed.  Gait «.  Gallo- 
way, 4  Peters,  843. 

Vol.  II.— 64  2  n  2 


Secretary  of 
the  Treasury  to 
cause  a  genera] 
and  connected 
plat  to  be  made. 


Copies  there- 
of, how  to  be 
disposed  of. 

Expense— how 
defrayed. 


A  portion  of 
the  « Virginia 
military  reeer- 
vation,"  to  be 
vested  in  the 
state  of  Ohio, 
for  the  use  of 
schools. 


Limitation. 


426 


NINTH  CONGRESS.    Sess.  II.  Ch.  22.     1807. 


Legislature  of 
Ohio  to  accept 
this  grant  in  lieu 
of  the  part  of 
the  Virginia  mi. 
liury  reserva- 
tion. 


ships  and  three  sections,  shall  be  appropriated  and  vested,  for  the  pur- 
poses aforesaid,  only  on  condition  that  the  legislature  of  the  state  of 
Ohio  shall,  within  one  year  after  the  passing  of  this  act,  pass  a  law  ac- 
cepting the  said  eighteen  quarter  townships  and  three  sections,  for  the 
purposes  aforesaid,  in  lieu  of  the  thirty-sixth  part  of  the  tract  commonly 
called  "  the  Virginia  military  reservation,"  heretofore  appropriated  and 
vested  by  law  for  the  use  of  schools  within  the  same ;  and  releasing  to 
the  United  States,  all  their  claim,  right,  title,  and  interest,  and  all  the 
right,  title  and  interest  of  the  inhabitants  of  the  tract  of  land  last  men- 
1803,  ch.  21.  tioned,  to  the  thirty-sixth  part  of  the  said  tract  heretofore  appropriated 
and  vested  by  law  for  the  use  of  schools  within  the  same.  And  if  the 
legislature  of  the  said  state  shall  not  pass  a  law  as  aforesaid,  within  one 
year  ailer  the  passing  of  this  act,  the  said  eighteen  quarter  townships 
and  three  sections  shall  not  be  considered  and  held  as  appropriated  and 
vested  for  the  purposes  aforesaid,  but  shall  be  disposed  of  in  the  same 
manner  as  is  or  may  be  provided,  by  law,  for  the  disposal  of  other  public 
lands  in  the  same  tract. 
Approved,  March  2,  1807. 


STATinrE  II. 

March  2, 1807. 

Act  of  March 
22, 1794,  ch. 11. 

Act    of  May 
10, 1800, cb. 51. 

Act   of  Feb. 
28, 1803,  cb.  10. 

Act  or  April 

20, 1818, cb.  83. 

Act  of  May  15, 

1820,   ch.    112, 

sec.  4,  6. 

Importation 
of    slaves    into 
the  U.  8.  forbid- 
den afler  Jan.  1, 
1808. 

Forfeitnre  of 
vessels  fitted  out 
for  the  slave 
trade  after  Jan. 
1,  1808. 


Penalties  for 
being  engaged 
in  such  expedi- 
tions. 


Chap.  XXlh—Jln  Jet  to  prohibit  the  importalion  of  Sltwe$  into  any  port  or 
place  within  the  jurisdiction  of  the  United  States^  from  and  after  the  first  day 
qf  January^  in  the  year  of  our  Lord  one  thousand  eight  hundred  and  eigIU,(a) 

Be  it  enaried  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  from  and  afler  the  first 
day  of  January,  one  thousand  eight  hundred  and  eight,  it  shall  not  be 
lawful  to  import  or  bring  into  the  United  States  or  the  territories  thereof 
from  any  foreign  kingdom,  place,  or  country,  any  negro,  mulatto,  or  per- 
son of  colour,  with  intent  to  hold,  sell,  or  dispose  of  such  negro,  mulatto, 
or  person  of  colour,  as  a  slave,  or  to  be  held  to  service  or  labour. 

Sec.  2.  And  be  it  further  enacted.  That  no  citizen  or  citizens  of  the 
United  States,  or  any  other  person,  shall,  from  and  afler  the  first  day  of 
January,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and  eight, 
for  himself,  or  themselves,  or  any  other  person  whatsoever,  either  as  mas- 
ter, factor,  or  owner,  build,  fit,  equip,  load  or  otherwise  prepare  any  ship 
or  vessel,  in  any  port  or  place  within  the  jurisdiction  of  the  United  States, 
nor  shall  cause  any  ship  or  vessel  to  sail  from  any  port  or  place  within 
the  same,  for  the  purpose  of  procuring  any  negro,  mulatto,  or  person 
of  colour,  from  any  foreign  kingdom,  place,  or  country,  to  be  transported 
to  any  port  or  place  whatsoever,  within  the  jurisdiction  of  the  United 
States,  to  be  held,  sold,  or  disposed  of  as  slaves,  or  to  be  held  to  service  or 
labour :  and  if  any  ship  or  vessel  shall  be  so  fitted  out  for  the  purpose 
aforesaid,  or  shall  be  caused  to  sail  so  as  aforesaid,  every  such  ship  or 
vessel,  her  tackle,  apparel,  and  furniture,  shall  be  forfeited  to  the  United 
States,  and  shall  be  liable  to  be  seized,  prosecuted,  and  condemned  in 
any  of  the  circuit  courts  or  district  courU,  for  the  district  where  the  said 
ship  or  vessel  may  be  found  or  seized. 

Sec.  3.  And  be  it  further  enacted,  That  all  and  every  person  so  build- 
ing, fitting  out,  equipping,  loading,  or  otherwise  preparing  or  sending 
away,  any  ship  or  vessel,  knowing  or  intending  that  the  same  shall  be 
employed  in  such  trade  or  business,  from  and  afler  the  first  day  of  Jan- 
uary, one  thousand  eight  hundred  and  eight,  contrary  to  the  true  intent 
and  meaning  of  this  act,  or  any  ways  aiding  or  abetting  therein,  shall 
severally  forfeit  and  pay  twenty  thousand  dollars,  one  moiety  thereof  to 
the  use  of  the  United  States,  and  the  other  moiety  to  the  use  of  any 
person  or  persons  who  shall  sue  for  and  prosecute  the  same  to  effect. 

Sec.  4.  And  be  it  further  enacted,  If  any  citizen  or  citizens  of  the 

(fl)  Sec  notes  to  act  of  March  22,  1794,  chap.  ll,vol.i.  347. 


NINTH  CONGRESS.     Sess.  II.  Ch.  22.     1807. 


427 


United  States,  or  any  person  resident  within  the  jurisdiction  of  the 
same,  shaU,  from  and  after  the  first  day  of  January,  one  thousand  eight 
hundred  and  eight,  take  on  board,  receive  or  transport  from  any  of  the 
coasts  or  kingdoms  of  Africa,  or  from  any  other  foreign  kingdom,  place, 
or  country,  any  negro,  mulatto,  or  person  of  colour,  in  any  ship  or  ves* 
sel,  for  the  purpose  of  selling  them  in  any  port  or  place  within  the  juris- 
diction of  the  United  States  as  slaves,  or  to  be  held  to  service  or  labour, 
or  shall  be  in  any  ways  aiding  or  abetting  therein,  such  citizen  or  citi- 
zens, or  person,  shall  severally  forfeit  and  pay  five  thousand  dollars,  one 
moiety  thereof  to  the  use  of  any  person  or  persons  who  shall  sue  for  and 
prosecute  the  same  to  effect;  and  every  such  ship  or  vessel  in  which 
such  negro,  mulatto,  or  person  of  colour,  shall  have  been  taken  on  board, 
received,  or  transported  as  aforesaid,  her  tackle,  apparel,  and  furniture, 
and  the  goods  and  effects  which  shall  be  found  on  board  the  same,  shall 
be  forfeited  to  the  United  States,  and  shall  be  liable  to  be  seized,  prose- 
cuted, and  condemned  in  any  of  the  circuit  courts  or  district  courts  in 
the  district  where  the  said  ship  or  vessel  may  be  found  or  seized.  And 
neither  the  importer,  nor  any  person  or  persons  claiming  from  or  under 
him,  shall  hold  any  right  or  title  whatsoever  to  any  negro,  mulatto,  or 
person  of  colour,  nor  to  the  service  or  labour  thereof,  who  may  be  im- 
ported or  brought  within  the  United  States,  or  territories  thereof,  in 
violation  of  this  law,  but  the  same  shall  remain  subject  to  any  regula- 
tions not  contravening  the  provisions  of  this  act,  which  the  legislatures 
of  the  several  states  or  territories  at  any  time  hereafter  may  make,  for 
disposing  of  any  such  negro,  mulatto,  or  person  of  colour.(a) 

Sec.  5.  And  be  it  further  enacted,  That  if  any  citizen  or  citizens  of 
the  United  States,  or  any  other  person  resident  within  the  jurisdiction 
of  the  same,  shall,  from  and  after  the  first  day  of  January,  one  thousand 
eight  hundred  and  eight,  contrary  to  the  true  intent  and  meaning  of 
this  act,  take  on  board  any  ship  or  vessel  from  any  of  the  coasts  or  king- 
doms of  Africa,  or  from  any  other  foreign  kingdom,  place,  or  country, 
any  negro,  mulatto,  or  person  of  colour,  with  intent  to  sell  him,  her,  or 
them,  for  a  slave,  or  slaves,  or  to  be  held  to  service  or  labour,  and  shall 
transport  the  same  to  any  port  or  place  within  the  jurisdiction  of  the 
United  States,  and  there  sell  such  negro,  mulatto,  or  person  of  colour, 
so  transported  as  aforesaid,  for  a  slave,  or  to  be  held  to  service  or  labour, 
every  such  offender  shall  be  deemed  guilty  of  a  high  misdemeanor,  and 
being  thereof  convicted  before  any  court  having  competent  jurisdiction, 
shall  suffer  imprisonment  for  not  more  than  ten  years  nor  less  than  five 
years,  and  be  fined  not  exceeding  ten  thousand  dollars,  nor  less  than  one 
thousand  dollars. 

Sec.  6.  And  be  it  further  enacted.  That  if  any  person  or  persons 
whatsoever,  shall,  from  and  after  the  first  day  of  January,  one  thousand 
eight  hundred  and  eight,  purchase  or  sell  any  negro,  mulatto,  or  person 
of  colour,  for  a  slave,  or  to  be  held  to  service  or  labour,  who  shall  have 
been  imported,  or  brought  from  any  foreign  kingdom,  place,  or  country, 
or  from  the  dominions  of  any  foreign  state,  immediately  adjoining  to  the 
United  States,  into  any  port  or  place  within  the  jurisdiction  of  the  United 
States,  after  the  last  day  of  December,  one  thousand  eight  hundred  and 
seven,  knowing  at  the  time  of  such  purchase  or  sale,  such  negro,  mu- 
latto, or  person  of  colour,  was  so  brought  within  the  jurisdiction  of  the 
United  States,  as  aforesaid,  such  purchaser  and  seller  shall  severally  for- 
feit and  pay  for  every  negro,  mulatto,  or  person  of  colour,  so  purchased 
or  sold  as  aforesaid,  eight  hundred  dollars;  one  moiety  thereof  to  the 
United  States,  and  the  other  moiety  to  the  use  of  any  person  or  persons 
who  shall  sue  for  and  prosecute  the  same  to  effect :  Provided,  that  the 
aforesaid  forfeiture  shall  not  extend  to  the  seller  or  purchaser  of  any 


Forfeitures 
and  penaJtiee 
for  importing 
•laves  from  Af- 
rica,   &c.  ader 
Jan.  1,  1808. 


DistribuUon 
of  the  forfeit- 
ures. 


Slaves  import- 
ed to  remain 
sutgect  to  regu- 
lations of  the 


Farther  penal- 
ties on  citixens 
snd  residents, 
&c.  for  bringing 
slaves  to  the  U. 
S.  from  any  fo. 
reign  place. 


Imprisonment 
and  penalty  not 
to  exceed 
#10,000. 


Penalties   for 
buying  slaves 
from  the  neigh- 
bouring  territo- 
ries, a». 


Forfeiture  not 
to  extend  to  the 
seller  or  purcha- 


(a)  See  notes  to  act  of  March  22, 1794^  chip.  11,  vol.  i.  347,  348. 


NINTH  CONGRESS.    Sess.  II.  Ch.  5».    1807. 


Mr  of  any  slaTe 
sold  nnder  the 
regaUtiont  of 
tbo  legitlatora 
of  any  state. 

Vessels    may 
be  seised,  haY- 
ine  slares  on 
boaid. 


Vessels  seised 
forfeited  to  the 
nse  of  the  Uni- 
ted Sutes. 

NsTal  force 
of  the  U.  States 
may  be  employ, 
ed  for  the  pur- 
pose of  enfore- 
mg  this  act. 


negro,  mulatto,  or  person  of  colour,  who  may^be  sold  or  disposed  of 
in  virtue  of  any  regulation  which  may  hereafter'  be  made  by  any  of  the 
legislatures  of  the  several  states  in  that  respect,  in  pursuance  of  this 
act,  and  the  constitution  of  the  United  States. 

Sec.  7.  And  be  it  further  enacted,  That  if  any  ship  or  vessel  shall  be 
found,  from  and  after  the  first  day  of  January,  one  thousand  eight  hun- 
dred and  eight,  in  any  river,  port,  bay,  or  harbor,  or  on  the  high  seas, 
within  the  jurisdictional  limits  of  the  United  States,  or  hovering  on  the 
coast  thereof,  having  on  board  any  negro,  mulatto,  or  person  of  colour, 
for  the  purpose  of  selling  them  as  slaves,  or  with  intent  to  land  the  same, 
in  any  port  or  place  within  the  jurisdiction  of  the  United  States,  con- 
trary to  the  prohibition  of  this  act,  every  such  ship  or  vessel,  together 
with  her  tackle,  apparel,  and  furniture,  and  the  goods  or  effects  which 
shall  be  found  on  board  the  same,  shall  be  forfeited  to  the  use  of  the 
United  States,  and  may  be  seized,  prosecuted,  and  condemned,  in  any 
court  of  the  United  States,  having  jurisdiction  thereof.  And  it  shall  be 
lawful  for  the  President  of  the  United  States,  and  he  is  hereby  autho- 
rized, should  he  deem  it  expedient,  to  cause  any  of  the  armed  vessels  of 
the  United  States  to  be  manned  and  employed  to  cruise  on  any  part  of 
the  coast  of  the  United  States,  or  territories  thereof,  where  he  may  judge 
attempts  will  be  made  to  violate  the  provisions  of  this  act,  and  to  instruct 
and  direct  the  commanders  of  armed  vessels  of  the  United  States,  to 
seize,  take,  and  bring  into  any  port  of  the  United  States  all  such  ships  or 
vessels,  and  moreover  to  seize,  take,  and  bring  into  any  port  of  the  United 
States  all  ships  or  vessels  of  the  United  States,  wheresoever  found  on  the 
high  seas,  contravening  the  provisions  of  this  act,  to  be  proceeded  against 
according  to  law,  and  the  captain,  master,  or  commander  of  every  such 
ship  or  vessel,  so  found  and  seized  as  aforesaid,  shall  be  deemed  guilty  of  a 
high  misdemeanor,  and  shall  be  liable  to  be  prosecuted  before  any  court 
of  the  United  States,  having  jurisdiction  thereof;  and  being  thereof 
convicted,  shall  be  fined  not  exceeding  ten  thousand  dollars,  and  be  im- 
prisoned not  less  than  two  years,  and  not  exceeding  four  years.  And 
the  proceeds  of  all  ships  and  vessels,  their  tackle,  apparel,  and  furniture, 
and  the  goods  and  effects  on  board  of  them,  which  shall  be  so  seized, 
prosecuted  and  condemned,  shall  be  divided  equally  between  the  United 
States  and  the  officers  and  men  who  shall  make  such  seizure,  take,  or 
bring  the  same  into  port  for  condemnation,  whether  such  seizure  be 
made  by  an  armed  vessel  of  the  United  States,  or  revenue  cutters  thereof, 
and  the  same  shall  be  distributed  in  like  manner,  as  is  provided  by  law, 
ibr  the  distribution  of  prizes  taken  from  an  enemy :  Provided,  that  the 
officers  and  men,  to  be  entitled  to  one  half  of  the  proceeds  aforesaid, 
shall  safe  keep  every  negro,  mulatto,  or  person  of  colour,  found  on 
board  of  any  ship  or  vessel  so  by  them  seized,  taken,  or  brought  into 
port  for  condemnation,  and  shall  deliver  every  such  negro,  mulatto,  or 
person  of  colour,  to  such  person  or  persons  as  shall  be  appointed  by  the 
respective  states,  to  receive  the  same;  and  if  no  such  person  or  persons 
shdl  be  appointed  by  the  respective  states,  they  shall  deliver  every  such 
negro,  mulatto,  or  person  of  colour,  to  the  overseers  of  the  poor  of  the 
port  or  place  where  such  ship  or  vessel  may  be  brought  or  found,  and 
shall  immediately  transmit  to  the  governor  or  chief  magistrate  of  the 
state,  an  account  of  their  proceedings,  together  with  the  number  of 
such  negroes,  mulattoes,  or  persons  of  colour,  and  a  descriptive  list  of 
the  same,  that  be  may  give  directions  respecting  such  negroes,  mulattoes, 
or  persons  of  colour.(ii) 

(a)  The  district  courts  have  jurisdiction  under  the  slate  trade  acts,  to  determine  who  are  the  aetnsl 
captors  under  a  state  law,  made  in  pursuance  of  the  4th  section  of  the  slave  trade  act  of  1807,  and 
directing  the  proceeds  of  the  sale  of  the  nemes  to  be  paid,  "one  moiety  for  the  use  of  the  commanding 
ofBcer  of  the  capturing  vessel.**    The  Joselk  Segunda,  10  Wheat.  312 ;  6  Cond.  Rep.  111. 

The  offence  acainst  the  laws  of  the  United  SUtes  under  the  7th  s^tion  of  the  act  of  1807,  is'not  that 
of  importing  or  bringing  into  the  United  States,  persons  of  colour,  with  intent  to  hold  such  persons  as 


Penalties,  6ne 
and  imprison- 
ment. 

Proceeds  of 
prises  divided 
Mtween  the  U. 
Sutes  and  the 
oiBcers  and  men 
making  the 


Every  negro 
and  mulatto 
found  on  board 
any  vessel  cap- 
tured to  be  de- 
livered to  per- 
sons appointed 
by  the  respec- 
tive sUtes  to  re- 
ceive them. 


An  account  to 
be  transmitted 
to  the  governors 
of  the 
tive  states. 


NINTH  CONGRESS.    Sess.  IL  Ch.  22.    1807. 


429 


SUym  not  to 
be  tnntporied 
in  TOMels  under 
forty  tons  bar- 
then,  to  be  di*. 
poeed  of,  kc 

Penalties. 


This  section 
not  to  prohibit 
taking  on  bomrd 
or  transporting 
on  any  ni9r  or 
bay  within  the 
jarisdiction  of 
the  U.  States. 

Vessels  of 
laiver  burthen , 
sailing  coast- 
wise, to  have 
the  names  of 
slsTcs  for  sale 
inserted  in  their 
papers,  8cc. 


Sec.  8.  And  h€  it  further  enacted,  That  no  captain,  master  or  com- 
mander of  any  ship  or  vessel,  of  less  burthen  than  forty  tons,  shall,  from 
and  after  the  first  day  of  January,  one  thousand  eight  hundred  and  eight, 
take  on  board  and  transport  any  negro,  mulatto,  or  person  of  colour,  to 
any  port  or  place  whatsoever,  for  the  purpose  of  selling  or  disposing  of 
the  same  as  a  slave,  or  with  intent  that  the  same  may  be  sold  or  dis- 
posed of  to  be  held  to  service  or  labour,  on  penalty  of  forfeiting  for 
every  such  negro,  mulatto,  or  person  of  colour,  so  taken  on  board  and 
transported,  as  aforesaid,  the  sum  of  eight  hundred  dollars ;  one  moiety 
thereof  to  the  use  of  the  United  States,  and  the  other  moiety  to  any 
person  or  persons  who  shall  sue  for,  and  prosecute  the  same  to  effect : 
Provided  however,  That  nothing  in  this  section  shall  extend  to  prohibit 
the  taking  on  board  or  transporting  on  any  river,  or  inland  bay  of  the 
sea,  within  the  jurisdiction  of  the  United  States,  any  negro,  mulatto,  or 
person  of  colour,  (not  imported  contrary  to  the  provisions  of  this  act) 
in  any  vessel  or  species  of  craft  whatever. 

Sec.  9.  And  be  it  further  enacted.  That  the  captain,  master,  or  com- 
mander of  any  ship  or  vessel  of  the  burthen  of  forty  tons  or  more,  from 
and  after  the  first  day  of  January,  one  thousand  eight  hundred  and  eight, 
sailing  coastwise,  from  any  port  in  the  United  States,  to  any  port  or 
place  within  the  jurisdiction  of  the  same,  having  on  board  any  negro, 
mulatto,  or  person  of  colour,  for  the  purpose  of  transporting  them  to  be 
sold  or  disposed  of  as  slaves,  or  to  be  held  to  service  or  labour,  shall, 
previous  to  the  departure  of  such  ship  or  vessel,  make  out  and  subscribe 
duplicate  manifests  of  every  such  negro,  mulatto,  or  person  of  colour, 
on  board  such  ship  or  vessel,  therein  specifying  the  name  and  sex  of 
each  person,  their  age  and  stature,  as  near  as  may  be,  and  the  class  to 
which  they  respectively  belong,  whether  negro,  mulatto,  or  person  of 
colour,  with  the  name  and  place  of  residence  of  every  owner  or  shipper 
of  the  same,  and  shall  deliver  such  manifests  to  the  collector  of  the  port, 
if  there  be  one,  otherwise  to  the  surveyor,  before  whom  the  captain, 
roaster,  or  commander,  together  with  the  owner  or  shipper,  shall  seve- 
rally swear  or  affirm  to  the  best  of  their  knowledge  and  belief,  that  the 
persons  therein  specified  were  not  imported  or  brought  into  the  United 
States,  from  and  after  the  first  day  of  January,  one  thousand  eight  hun- 
dred and  feight,  and  that  under  the  laws  of  the  state,  they  are  held  to 
service  or  labour ;  whereupon  the  said  collector  or  surveyor  shall  certify 
the  same  on  the  said  manifests,  one  of  which  he  shall  return  to  the  said 
captain,  master,  or  commander,  with  a  permit,  specifying  thereon  the 
number,  names,  and  general  description  of  such  persons,  and  authoriz- 
ing him  to  proceed  to  the  port  of  his  destination.  And  if  any  ship  or 
vessel,  being  laden  and  destined  as  aforesaid,  shall  depart  from  the  port 
where  she  may  then  be,  without  the  captain,  master,  or  commander 
having  first  made  out  and  subscribed  duplicate  manifests,  of  every  negro, 
mulatto,  and  person  of  colour,  on  board  such  ship  or  vessel,  as  afore- 
said, and  without  having  previously  delivered  the  same  to  the  said  col- 
lector or  surveyor,  and  obtained  a  permit,  in  manner  as  herein  required, 
or  shall,  previous  to  her  arrival  at  the  port  of  her  destination,  take  on 
board  any  negro,  mulatto,  or  person  of  colour,  other  than  those  specified 
in  the  manifests,  as  aforesaid,  every  such  ship  or  vessel,  together  with 
her  tackle,  apparel  and  furniture,  shall  be  forfeited  to  the  use  of  the 
United  States,  and  may  be  seized,  prosecuted  and  condemned  in  any 
court  of  the  United  States,  having  jurisdiction  thereof;  and  the  captain, 

slaves,  but  that  of  hovering  on  the  coast  of  the  United  States  with  such  intent.  And  although  it  forfeits 
the  vessel  and  any  goods  or  eflTects  found  on  board,  it  is  silent  as  to  disposing  of  the  coloured  persons 
found  on  board,  any  further  than  to  impose  a  duty  upon  the  officers  of  Uie  armed  vessels  who  make  the 
capture  to  keep  them  safely  to  be  delivered  to  the  overseers  of  the  poor,  or  the  govemer  of  the  state,  or 
persons  appointed  by  the  respective  states  to  receive  them.    United  States  o.  Preston,  3  Peters,  67. 

The  persons  sold  as  slaves  under  ai\  order  of  the  district  court  of  Louisiana,  in  a  case  where  the  decree 
was  afterwards  reversed,  were  illegally  sold,  end  they  are  fVeo.    Ibid, 


The  shipper 
to  swear  the  no- 
groee  were  not 
imported  into 
the  U.  States 
after  January  1, 
1808. 


Penalties  on 
departing  with- 
out such  list. 


430 


NINTH  CONGRESS.     Sbss.  II.  Ch.  23.     1807. 


Penalty  for 
negro  or  mulatto 
taken  on  board. 


Manifests  to 
be  delivered  to 
officers  of  cus- 
toms where 
such  slaves  car. 
ried  coastwise 
are  landed. 


Penalty  for 
landing  a  negro 
or  mulatto  with- 
out a  permit. 


master,  or  commander  of  every  such  ship  or  vessel,  shall  moreover  for- 
feit, for  every  such  negro,  mulatto,  or  person  of  colour,  so  transported, 
or  taken  on  board,  contrary  to  the  provisions  of  this  act,  the  sum  of  one 
thousand  dollars,  one  moiety  thereof  to  the  United  States,  and  the  other 
moiety,  to  the  use  of  any  person  or  persons  who  shall  sue  for  and'  prose- 
cute the  same  to  effect. 

Sec.  10.  And  be  it  further  enacted,  That  the  captain,  master,  or  com- 
mander of  every  ship  or  vessel,  of  the  burthen  of  forty  tons  or  more, 
from  and  after  the  first  day  of  January,  one  thousand  eight  hundred  and 
eight,  sailing  coastwise,  and  having  on  board  any  negro,  mulatto,  or 
person  of  colour,  to  sell  or  dispose  of  as  slaves,  or  to  be  held  to  service 
or  labour,  and  arriving  in  any  port  within  the  jurisdiction  of  the  United 
States,  from  any  other  port  within  the  same,  shall,  previous  to  the  unlading 
or  putting  on  shore  any  of  the  persons  aforesaid,  or  suffering  them  to 
go  on  shore,  deliver  to  the  collector,  if  there  be  one,  or  if  not,  to  the 
surveyor  residing  at  the  port  of  her  arrival,  the  manifest  certified  by  the 
collector  or  surveyor  of  the  port  from  whence  she  sailed,  as  is  herein 
before  directed,  to  the  truth  of  which,  before  such  officer,  he  shall  swear 
or  affirm,  and  if  the  collector  or  surveyor  shall  be  satisfied  therewith, 
he  shall  thereupon  grant  a  permit  for  unlading  or  suffering  such  negro, 
mulatto,  or  person  of  colour,  to  be  put  on  shore,  and  if  the  captain, 
master,  or  commander  of  any  such  ship  or  vessel  being  laden  as  afore- 
said, shall  neglect  or  refuse  to  deliver  the  manifest  at  the  time  and  in' 
the  manner  herein  directed,  or  shall  land  or  put  on  shore  any  negro, 
mulatto,  or  person  of  colour,  for  the  purpose  aforesaid,  before  he  shall 
have  delivered  his  manifest  as  aforesaid,  and  obtained  a  permit  for  that 
purpose,  every  such  captain,  master,  or  commander,  shall  forfeit  and  pay 
ten  thousand  dollars,  one  moiety  thereof  to  the  United  States,  the  other 
moiety  to  the  use  of  any  person  or  persons  who  shall  sue  for  and  prose- 
cute the  same  to  effect. 

Approved,  March  2,  1807. 


Statute  II. 


Act  of  Feb. 
27,  1801,  ch.  15. 

Service  fees, 
&c.  to  the  mar- 
shal. 


March  3,  1807.    Chap,  XXIII^-^n  Jet  to  reduce  the  expenses  attending  the  administration  cfju9* 

tiee  in  the  district  cf  Columbia, 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  for  the  service  of  any 
writ,  warrant,  attachment,  summons,  or  order  of  court,  the  marshal  for 
the  district  of  Columbia  shall  be  entitled  to  receive  the  fee  of  fifly  cents 
only,  for  each  person  on  whom  served ;  and  for  the  taking  any  bond 
required  by  law,  a  fee  of  fifty  cents  only ;  and  for  such  services  as  are 
not  enumerated  in  this,  or  some  other  act  of  Congress,  he  shall  receive 
the  like  fees  and  compensation,  if  they  be  performed  in  the  county  of 
Alexandria,  as  by  the  laws  of  Virginia,  in  force  on  the  first  Monday  of 
December,  in  the  year  eighteen  hundred,  were  allowed  to  the  sheriff 
of  a  county,  for  the  like  services;  and  if  they  be  performed  in  the 
county  of  Washington,  the  like  fees  and  compensation,  as  by  the  laws 
of  Maryland,  in  force  on  the  day  last  mentioned,  were  allowed  to  a 
sheriff  of  a  county,  in  Maryland,  for  the  like  services. 

Sec.  2.  And  be  it  further  enacted.  That  the  clerk  of  the  circuit  court 
of  the  district  of  Columbia,  for  the  county  of  Alexandria,  shall  be  entitled 
to  receive  for  his  services,  the  same  fees  only,  as  by  the  laws  of  Virginia, 
in  force  on  the  day  last  mentioned,  were  allowed  to  the  clerk  of  the  dis- 
trict court  in  that  state,  for  the  like  services;  in  chancery  proceedings, 
the  same  fees  only,  as  were  allowed  by  the  said  laws  to  the  clerk  of  the 
high  court  of  chancery,  in  the  said  state,  for  like  services;  and  for  such 
services  as  were  not,  by  the  said  laws,  to  be  performed  by  the  clerk  of 
either  of  the  said  courts  in  Virginia,  he  shall  receive  such  fees  only,  as 


Clerk  of  Alex- 
andria county 
entitled  to  the 
same  fees  as 
clerks  of  district 
courts  in  Virgi- 
nia, &c. 

In     chancery 

firoceedings, 
iees  allowed  to 
clerk  of  the  high 
court  of  chan- 
cery in  Virginia. 


NINTH  CONGRESS.    Sess.  II.  Ch.  25.     1807. 


431 


were  allowed  by  the  said  laws,  to  the  clerk  of  a  couDty  court  in  the  said 
state,  for  the  like  services. 

Sec.  3.  And  he  it  further  enacted,  That  the  clerk  of  the  said  circuit 
court  of  the  district  of  Columbia,  for  the  county  of  Washington,  shall 
be  entitled  to  receive  the  same  fees  only,  for  his  services,  as  by  the  laws 
of  Maryland,  in  force  on  the  said  first  Monday  of  December,  in  the  year 
eighteen  hundred,  were  allowed  to  the  clerk  of  the  genera]  court  of 
Maryland,  for  the  like  services;  and  for  his  services  in  chancery  pro* 
ceedings,  the  same  fees  only,  as  by  the  said  laws,  were  allowed  to  the 
register  of  the  court  of  chancery  of  Maryland,  for  the  like  services;  and 
for  such  services  as  were  not,  by  the  said  laws,  to  be  performed  by  the 
said  clerk  of  the  said  general  court,  or  by  the  said  register,  he  shall  be 
allowed  such  fees  and  compensation  only,  as  by  the  said  laws,  were 
allowed  to  a  clerk  of  a  county  court  in  Maryland,  for  the  |;ke  services: 
Provided,  that  nothing  in  this  act  shall  prevent  the  said  marshal  and 
clerk  from  receiving  their  daily  compensation  for  attending  court  as 
heretofore. 

Sec.  4.  And  be  it  Jurthcr  enacted.  That  such  of  the  said  fees  as  by 
the  laws  aforesaid,  are  chargeable  in  tobacco,  shall  be  paid  in  money, 
at  the  rate  of  one  dollar  and  seventy-five  cents  for  one  hundred  pounds 
of  tobacco.  And  it  shall  be  the  duty  of  the  said  marshal,  and  the  said 
clerk,  of  the  said  circuit  court,  respectively,  to  make  a  table  of  their 
respective  fees,  in  dollars  and  cents,  according  to  this  act;  and  to  keep 
a  copy  thereof,  at  all  times,  exposed  to  public  view,  in  their  respective 
offices;  and  all  fees  and  costs  shall  be  taxed,  and  fee  bUls  for  collection, 
stated  in  money  only. 

Sec.  5.  And  be  it  further  enacted.  That  in  suits  at  common  law  in 
the  said  circuit  court,  the  taxable  fee  to  an  attorney,  shal^  be  five  dollars 
only ;  and  in  suits  in  chancery,  the  taxable  fee  to  a  solicitor,  shall  be  ten 
dollars  only :  Provided,  that  nothing  in  this  act  shall  extend  to  the  offi- 
cial services  of  the  attorney  of  the  United  States,  for  the  district  of 
Columbia. 

Sec.  6.  And  be  it  further  enacted.  That  all  temporary  statutes  of 
the  states  of  Virginia  and  Maryland,  which  by  the  first  section  of  the 
act  concerning  the  district  of  Columbia,  passed  on  the  twenty-seventh 
of  February,  one  thousand  eight  hundred  and  one,  were  adopted  for 
the  said  district,  shall  not  expire  within  the  said  district,  by  virtue  of 
any  limitation  in  said  statutes  contained ;  but  shall  remain  in  force  as  at 
the  time  of  their  adoption,  unless  other  provision  has  been  or  shall  be 
made  by  Congress,  respecting  the  same. 

Sec.  7.  And  be  it  further  enacted.  That  all  laws,  and  parts  of  laws, 
contrary  to,  or  inconsistent  with  this  act,  shall  be,  and  the  same  are 
hereby  repealed. 

This  act  shall  commence  and  be  in  force  from  and  afler  the  passing 
thereof 

Approved,  March  3,  1807. 


For  services 
not  incident  to 
the  offices  of  the 
clerks  of  the 
district  or  chan- 
eery  courts,  the 
fees  allowed  in 
the  county 
courts. 

General  court 
fees  of  Mary- 
land to  be  charg- 
ed by  the  clerk 
of  Washington 
county. 

For    services 
in  chancery,  the 
fees  of  the  re- 
gister of  the 
court  of  chance- 

'^; 

In  cases  not 
of  a  nature  of 
the  service  per- 
formed in  either 
of  these  courts, 
the  fees  allowed 
in  the  county 
courts  of  Mary- 
land to  be  paid. 

Marshal  and 
clerk  of  Wash- 
ington still  enti- 
tled to  their  dai- 
ly allowance. 

At  what  rate 
fees  in  tobacco 
are  to  be  paid. 

Tables  of  fees 
to  be  set  up  in 
the  marshal  *s 
and  clerk's  of- 
fices. 

Attorney's 
and     solicitor's 
fees. 

Proviso. 

Temporary 
statutes  of  Vir. 

ffinia  and  Mary- 
and,  adopted 
for  Columbia, 
continued  in 
force. 

Act  of  Feb. 
27,1801,ch.  l/i. 
Repeal  of  acts 
inconsistent 
with  this  law. 

STATtJTB  II. 

Chap.  XXV •—An  Act  alhunng  an  additional  compemation  to  the  judge$  rf  the   March  3,  1807. 
Missiaaippi,  Indiana,  Michigan  and  Louinana  Territoriet* 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United  ^^^J^Pf^  "^'^f 

States  of  America  in  Congress  assembled,  That  each  of  the  judges  of  Missfssipplt'ln- 

the  Mississippi,  Indiana,  Michigan  and  Louisiana  territories,  appointed  diana,  Michi- 

under  the  authority  of  the  United  States,  be  entitled  to  the  annual  sum  f  JH'^jio^"'"' 

of  twelve  hundred  dollars,  in  lieu  of  his  present  compensation,  to  com-  *°*    ^^  °'^* 
mence  on  the  first  day  of  January  last 

Approved,  March  3,  1807. 


432 

Statute  II. 

March  3,  1807. 

[Obsolete.] 


Appropriation 
to   finish  south 
wing  of  the 
capitol : 
to  famish  it : 

to  make  anew 
roof  and   other 
repairs    to    the 
north  wing : 
to  open  and  re- 
pair avenues 
and  roads : 
to  repair  and 
improTo    Presi- 
dent's house, 
and  the  lot  of 
pound  on  which 
It  stands. 

Statute  II. 


NINTH  CONGRESS.    Sess.  n.  Ch.  28, 29.    1807. 

Chap.  XX Vm.— ^n  Act  making  t^ppropruUiom  for  finuhing  the  nnUh  wing  if 
the  Capitoly  and  for  other  purpoaa. 

Be  ii  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  in  addition  to  appro- 
priations already  made,  the  following  sums  of  money  shall  be,  and  the 
same  are  hereby  appropriated,  to  be  applied  under  the  direction  of  the 
President  of  the  United  States,  to  the  purposes  herein  after  mentioned, 
that  is  to  say : 

For  finishing  the  south  wing  of  the  capitol,  twenty-^re  thousand 
dollars. 

For  furnishing  the  same  for  the  accommodation  of  the  House  of 
Representatives,  seventeen  thousand  dollars. 

For  making  a  new  roof  and  other  repairs  to  the  north  wing  of  the 
capitol,  twenty-five  thousand  dollars. 

For  opening  and  repairing  avenues  and  roads  within  the  territory  of 
Columbia,  thfee  thousand  dollars. 

For  repairs  and  improvements  on  the  President's  house,  and  the  lot 
of  ground  on  which  the  same  stands,  fifteen  thousand  dollars. 

Sec.  2.  And  be  it  further  enacted.  That  the  several  sums  of  money 
hereby  appropriated,  shall  be  paid  out  of  any  money  in  the  treasury, 
not  otherwise  appropriated. 

Approved,  March  3, 1807. 


March  3, 1807.     Chap.  XXIX.— ^n  Att  making  appropriations  for  the  support  if  Chwemment 
during  the  year  one  thousand  eight  hundred  and  seven. 


[Obsolete.] 
Objects  or  ap- 
propriation. 


Specific    ap. 
propriations. 


Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  Unitea 
States  of  America  in  Congress  assembled,  That  for  the  expenditure 
of  the  civil  list,  in  the  present  year,  including  the  contingent  expenses 
of  the  several  departments  and  officers ;  for  the  compensation  of  the 
several  loan  officers  and  their  clerks,  and  for  books  and  stationery  for 
the  same ;  for  the  payment  of  annuities  and  grants ;  for  the  support  of 
the  mint  establishment;  for  the  expenses  of  intercourse  with  foreign 
nations ;  for  the  support  of  lighthouses,  beacons,  buoys,  and  public  piers; 
for  the  defraying  the  expenses  of  surveying  the  public  lands,  and  for 
satisfying  certain  miscellaneous  claims;  the  following  sums  be,  and  the 
same  hereby  are  respectively  appropriated,  that  is  to  say : 

For  compensation  panted  by  law  to  the  members  of  the  Senate  and 
House  of  Representatives,  their  officers  and  attendants,  estimated  for  a 
session  of  four  months  and  a  half  continuance,  two  hundred  and  one 
thousand  four  hundred  and  twenty-five  dollars. 

For  the  expense  of  firewood,  stationery,  printing,  and  all  other  con- 
tingent expenses  of  the  two  houses  of  Congress,  twenty-four  thousand 
two  hundred  dollars. 

For  all  contingent  expenses  of  the  library,  and  librarian's  allowance 
for  the  year  one  thousand  eight  hundred  and  seven,  eight  hundred 
dollars. 

For  compensation  to- the  President  and  Vice  President  of  the  United 
States,  thirty  thousand  dollars. 

For  compensation  to  the  Secretary  of  State,  clerks  and  persons  em- 
ployed in  that  department,  thirteen  thousand  dollars. 

For  the  incidental  and  contingent  expenses  of  the  said  department, 
four  thousand  two  hundred  dollars. 

For  printing  and  distributing  copies  of  the  laws  of  the  second  session 
of  the  ninth  Congress,  and  printing  the  laws  in  newspapers,  eight  thou- 
sand two  hundred  and  fifty  dollars. 

For  special  messengers  charged  with  despatches,  two  thousand  dollars. 


NINTH  CONGRESS.    Sess.  II.  Ch.  20.    1807. 

For  compensation  to  the  Secretary  of  the  Treasury,  clerks  and  per-        8i>eeiilo  vp* 
sons  employed  in  his  office,  sixteen  thousand  seven  hundred  dollars.       propriatioiui. 

For  the  expense  of  translating  foreign  languages,  allowance  to  the 
person  employed  in  receiving  and  transmitting  pas^orts  and  sea  letters, 
stationery  and  printing,  one  thousand  dollars. 

For  compensation  to  the  comptroller  of  the  treasury,  clerks  and  per- 
sons  employed  in  his  office,  twelve  thousand  nine  hundred  and  seventy- 
seven  dollars. 

For  expense  of  stationery,  printing,  and  incidental  and  contingent 
expenses  of  the  comptroller's  office,  eight  hundred  dollars. 

For  compensation  to  the  auditor  of  the  treasury,  the  clerks  and  per- 
sons in  his  office,  twelve  thousand  two  hundred  dollars.  ^ 

For  expense  of  stationery,  printing,  and  incidental  and  contingent 
expenses  in  the  office  of  the  auditor  of  the  treasury,  five  huodred  dollars. 

For  compensation  to  the  treasurer,  clerks  and  persons  employed  in 
his  office,  six  thousand  two  hundred  and  twenty-seven  dollars  and  forty- 
five  cents. 

For  expense  of  stationery,  printing,  and  incidental  and  contingent 
expenses  in  the  treasurer's  office,  three  hundred  dollars. 

For  compensation  to  the  register  of  the  treasury,  clerks  and  persons 
employed  in  his  office,  sixteen  thousand  and  fifly-two  dollars  and  two 
cents. 

For  expense  of  stationery  and  printing  in  the  register's  office,  (includ- 
ing books  for  the  public  stock  and  for  the  arrangement  of  the  marine 
papers,)  two  thousand  eight  hundred  dollars. 

For  purchasing  books,  maps  and  charts,  for  the  use  of  the  treasury 
department,  four  hundred  dollars. 

For  compensation  to  the  secretary  of  the  commissioners  of  the  sink- 
ing fund,  two  hundred  and  fifty  dollars. 

For  fuel  and  other  contingent  expenses  of  the  treasury  department, 
four  thousand  dollars. 

For  defraying  the  expenses  incident  to  the  stating  and  printing  of  the 
public  accounts  for  the  year  one  thousand  eight  hundred  and  seven,  one 
thousand  two  hundred  dollars. 

For  compensation  to  a  superintendent  employed  to  secure  the  build- 
ings and  records  of  the  treasury,  during  the  year  one  thousand  eight 
hundred  and  seven,  including  the  expense  of  two  watchmen,  and  for  the 
repair  of  two  fire  engines,  buckets,  lanterns,  and  other  incidental  ex- 
penses, one  thousand  one  hundred  dollars. 

For  compensation  to  the  Secretary  of  War,  clerks  and  persons  em- 
ployed in  his  office,  eleven  thousand  two  hundred  and  fiAy  dollars. 

For  the  expense  of  fuel,  stationery,  printing,  and  other  contingent  ex- 
penses of  the  office  of  the  Secretary  of  War,  one  thousand  dollars. 

For  compensation  to  the  accountant  of  the  war  department,  clerks 
and  persons  employed  in  his  office,  ten  thousand  nine  hundred  and  ten 
dollars. 

For  contingent  expenses  in  the  office  of  the  accountant  of  the  war 
department,  one  thousand  dollars. 

For  compensation  to  clerks  employed  in  the  paymaster's  office,  one 
thousand  eight  hundred  dollars. 

For  fuel  in  the  said  office,  ninety  dollars. 

For  compensation  to  the  purveyor  of  public  supplies,  clerks  and  per- 
sons employed  in  his  office,  and  for  expense  of  stationery,  store  rent, 
and  fuel  for  the  said  office,  four  thousand  six  hundred  dollars. 

For  compensation  to  the  Secretary  of  the  Navy,  clerks  and  persons 
employed  in  his  office,  nine  thousand  eight  hundred  and  ten  dollars. 

For  expense  of  fuel,  stationery,  printing,  and  other  contingent  ex- 
penses in  the  office  of  the  Secretary  of  the  Navy,  two  thousand 
dollars. 

Vol.  II.— 65  2  O 


434  NINTH  CONGRESS.    Se3s.  II.  Ch.  29.     1807. 

Specific  ftp.  For  compensation  to  the  accountant  of  the  navy,  clerks  and  persona 
proprifttioni.        employed  in  his  office,  ten  thousand  four  liundred  and  ten  dollars. 

For  contingent  expenses  in  the  office  of  the  accountant  of  the  navy, 
five  hundred  dollars. 

For  compensation  to  the  Postmaster-General,  to  the  assistant  Post- 
master-General, and  clerks  and  persons  employed  in  the  Postmaster- 
General's  office,  fourteen  thousand  four  hundred  and  fifty  dollars. 

For  expense  of  fuel,  candles,  house  rent  for  the  messenger,  stationery, 

chests,  &LC.  exclusive  of  expenses  for  prosecution,  portmanteaus,  mail 

locks,  and  other  expenses  incident  to  the  department,  these  being  paid 

for  by  the  Postmaster-General,  out  of  the  funds  of  the  office,  two  thou- 

^  sand  five  hundred  dollars. 

For  compensation  to  the  several  loan  officers,  thirteen  thousand  two 
hundred  and  fifty  dollars. 

For  compensation  to  the  clerks  of  the  several  commissioners  of  loans, 
and  for  an  allowance  to  certain  loan  officers,  in  lieu  of  clerk  hire,  and 
to  defray  the  authorized  expenses  of  the  several  loan  offices,  fifteen  thou- 
sand dollars. 

For  compensation  to  the  surveyor-general,  and  for  that  of  the  clerks 
employed  by  him,  three  thousand  two  hundred  dollars. 

For  compensation  to  the  surveyor  of  the  lands  south  of  the  state  of 
Tennessee,  clerks  employed  in  his  office,  stationery  and  other  contin- 
gencies, three  thousand  two  hundred  dollars. 

For  compensation  to  the  officers  of  the  mint: 

The  director,  two  thousand  dollars. 

The  treasurer,  one  thousand  two  hundred  dollars. 

The  assayer,  one  thousand  five  hundred  dollars. 

The  chief  coiner,  one  thousand  five  himdred  dollars. 

The  melter  and  refiner,  one  thousand  five  hundred  dollars. 

The  engraver,  one  thousand  two  hundred  dollars. 

One  clerk  at  seven  hundred  dollars. 

And  two  clerks  at  five  hundred  dollars. 

For  the  wages  of  persons  employed  in  the  different  branches  of 
melting,  coining,  carpenter's,  millwright's,  and  smith's  work,  including 
the  sum  of  one  thousand  dollars  per  annum,  allowed  to  an  assistant 
coiner  and  die  forger,  who  also  oversees  the  execution  of  the  iron  work, 
seven  thousand  two  hundred  and  seventy-eight  dollars. 

For  the  repairs  of  furnaces,  costs  of  rollers  and  screws,  timber,  bar 
iron,  lead,  steel,  potash,  and  for  all  other  contingencies  of  the  mint, 
two  thousand  six  hundred  and  fifty  dollars. 

For  compensation  to  the  governor,  judges,  and  secretary  of  the  terri- 
tory of  Orleans,  thirteen  thousand  dollars. 

For  incidental  and  contingent  expenses  of  the  executive  officers  of 
the  said  territory,  and  for  express  hire,  and  compensation  of  an  Indian 
interpreter,  two  thousand  eight  hundred  and  fifty  dollars. 

For  compensation  to  the  governor,  judges,  and  secretary  of  the  Mis- 
sissippi territory,  five  thousand  nine  hundred  and  fifty  dollars. 

For  expense  of  stationery,  office  rent,  and  other  contingent  expenses 
in  said  territory,  three  hundred  and  fifty  dollars. 

For  compensation  to  the  governor,  judges,  and  secretary  of  the  Indiana 
territory,  five  thousand  one  hundred  and  fifty  dollars. 

For  expenses  of  stationery,  office  rent,  and  other  contingent  expenses 
of  the  said  territory,  three  hundred  and  fifty  dollars. 

For  compensation  to  the  governor,  judges,  and  secretary  of  the  Mich- 
igan territory,  five  thousand  one  hundred  and  fifty  dollars. 

For  expense  of  stationery,  office  rent,  and  other  contingent  expenses 
of  the  said  territory,  three  hundred  and  fifty  dollars. 

For  compensation  to  the  governor,  judges,  and  secretary  of  the  Loui- 
siana territory,  five  thousand  one  hundred  and  fifty  dollars. 


NINTH  CONGRESS.    Sess.  II.  Ch.  29.     1807.  435 

For  expense  of  stationery ,  office  rent,  and  other  contingent  expenses      Specific  tp. 
of  the  said  territory,  three  hundred  and  fifty  dollars.  propriaUoM. 

For  the  discharge  of  such  demands  against  the  Un'ted  States,  on  ac- 
count of  the  civil  department,  not  otherwise  provided  for,  as  shall  have 
been  admitted  in  a  due  course  of  settlement  at  the  treasury,  two  thou- 
sand dollars. 

For  additional  compensation  to  the  clerks  of  the  several  departments 
of  state,  treasury,  war,  and  navy,  and  of  the  general  post-office,  not  ex- 
ceeding, for  each  department  respectively,  fifteen  per  centum,  in  addition 
to  the  sums  allowed  by  the  act,  intituled  "  An  act  to  regulate  and  fix  the  1H06,  ch.  41. 
compensation  of  clerks,  and  to  authorize  the  laying  out  certain  public 
roads ;  and  for  other  purposes,"  thirteen  thousand  two  hundred  and  sixty- 
nine  dollars. 

For  compensation  granted  bylaw  to  the  chief  justice,  associate  judges, 
and  district  judges  of  the  United  States,  including  the  chief  justice,  and 
two  associate  judges  of  the  district  of  Columbia ;  to  the  attorney-general, 
and  to  the  judge  of  the  district  of  Orleans,  fifly-nine  thousand  four  hun- 
dred dollars. 

For  the  like  compensation  granted  to  the  several  district  attorneys  of 
the  United  States,  three  thousand  four  hundred  doUars. 

For  compensation  to  the  marshals  of  the  districts  of  Maine,  New 
Hampshire,  Vermont,  Kentucky,  Ohio,  East  and  West  Tennessee,  and 
Orleans,  one  thousand  six  hundred  dollars. 

For  defraying  the  expenses  of  the  supreme,  circuit,  and  district  courts 
of  the  United  States,  including  the  district  of  Columbia,  and  of  jurors 
and  witnesses,  in  aid  of  the  funds  arising  from  fines,  forfeitures,  and 
penalties,  and  likewise  for  defraying  the  expenses  of  prosecution  for  oi^ 
fences  against  the  United  States,  and  for  safe  keeping  of  prisoners,  forty 
thousand  dollars. 

For  the  payment  of  sundry  pensions  granted  by  the  late  government, 
eight  hundred  and  sixty  doUars. 

For  the  payment  of  the  annual  allowance  to  the  invalid  pensioners  of 
the  United  States,  from  the  fif\h  of  March,  one  thousand  eight  hundred 
and  seven,  to  the  fourth  of  March  one  thousand  eight  hundred  and  eight, 
ninety-eight  thousand  doUars. 

For  the  maintenance  and  support  of  lighthouses,  beacons,  buoys,  and 
public  piers,  and  stakeage  of  channels,  bars,  and  shoals,  and  certain  con- 
tingent expenses,  eighty-three  thousand  nine  hundred  and  sixty-one 
dollars  and  eight  cents. 

For  erecting  a  lighthouse  on  St.  Simon's  island,  in  Georgia,  the  for- 
mer appropriation  of  seven  thousand  dollars  for  that  object  having  been 
carried  to  the  surplus  fund,  nineteen  thousand  dollars. 

For  erecting  lighthouses  at  the  mouth  of  the  Mississippi  river,  and  at 
or  near  the  pitch  of  Cape  Look-out,  in  North  Carolina,  in  addition  to 
the  sums  heretofore  appropriated  by  law  for  those  objects,  the  balance 
of  a  former  appropriation  for  those  objects,  of  twenty-four  thousand  six 
hundred  and  twenty-five  dollars  and  ninety-six  cents,  having  been  car- 
ried to  the  surplus  fund,  fifty-five  thousand  dollars. 

For  erecting  a  lighthouse  on  Whitehead,  at  the  entrance  of  Penobscot 
bay,  the  former  appropriation  for  that  object  having  been  carried  to  the 
surplus  fund,  two  thousand  two  hundred  and  five  dollars  and  eighty  cents. 

For  the  erection  of  beacons  in  the  harbor  of  New  York,  in  addition 
to  the  sums  heretofore  appropriated,  one  thousand  two  hundred  dollars. 

For  defraying  the  expenses  incurred  in  surveying  the  coast  of  North 
Carolina,  between  Cape  Hatteras  and  Cape  Fear,  in  addition  to  the  sum 
heretofore  appropriated  for  that  object,  one  thousand  three  hundred 
doHars. 

For  compensating  the  commissioners  in  the  aforesaid  service  for  the 
loc«  of  their  effects  incident  to  the  service,  on  board  the  revenue  cutters 


436 


NINTH  CONGRESS.    Sem.  II.  Ch.  30.     1807. 


Speeiflo  ^ 
propriationi. 


1790,  ch.  84. 

STATim  II. 
March  3,  1807. 

After  the  SOth 
Jane,  1807,  the 
ect  of  Juhr  8, 
1797,  ch.  16,  re. 
peftled  nowr  u 
respects  the  dn- 
ty  oa  salt. 


Proviso. 

The  recoTeij 
and  receipt  or 
ootstaading  da- 
ties,  not  to  be 
impaired. 


Boanties  on 
salt  provisions 
and  pickled  fish 
Uken  off. 

See  Tol.  1. 27, 
960,  633, 693. 

PfOYiso. 


wrecked  at  Ocracock  ;  the  amount  of  which  loss  the  accounting  officers 
of  the  treasury  are  hei eby  authorized  to  liquidate  and  allow  upon  sdtis- 
factory  proof  being  exhibited  to  them  of  such  loss,  one  thousand  six 
hundred  dollars. 

For  carrying  on  the  surTeys  of  public  lands  in  the  state  of  Ohio,  and 
in  the  several  tetritories,  seventy-three  thousand  one  hundred  and  eighty 
dollars. 

For  expenses  of  intercourse  with  foreign  nations,  thirty-three  thousand 
and  fifty  dollars. 

For  contingent  expenses  of  intercourse  with  foreign  nations,  twenty 
thousand  dollars. 

For  expenses  of  intercourse  with  the  Barbary  powers,  fifty  thousand 
dollars. 

For  contingent  expenses  of  intercourse  with  .the  Barbary  powers, 
fifty  thousand  Bollars. 

For  the  relief  and  protection  of  distressed  American  seamen,  five 
thousand  dollars. 

For  the  salaries  of  the  agents  at  London,  Paris,  and  Madrid,  for  pro- 
secuting claims  in  relation  to  captures,  six  thousand  ddlars. 

For  the  discharge  of  such  miscellaneous  claims  against  the  United 
States,  not  otherwise  provided  for,  as  shall  have  been  admitted  in  due 
course  of  settlement  at  the  treasury,  and  which  are  of  a  nature,  accord- 
ing to  the  usage  thereof,  to  require  payment  in  specie,  four  thousand 
dollars. 

Sec.  2.  And  be  it  further  enacted,  That  the  several  appropriations 
heretofore  made,  shall  be  paid  and  discharged  out  of  the  fund  of  six 
hundred  thousand  dollars,  reserved  by  an  act  making  provision  for  the 
debt  of  the  United  States,  and  out  of  any  monies  in  the  treasury,  not 
otherwise  appropriated. 

Approved,  March  3,  1807. 

Chap.  XXX. — ^n  JSet  repealing  the  aeia  laying  dutiet  on  moU^  and  continu- 
ing in  foru^  for  a  further  time,  the  fhrat  teciion  of  the  aet^  intituled  **  jSn  Jiet 
further  to  protect  the  commerce  and  teamen  of  the  United  StatcM,  against  the 
Barbary  powera.*^ 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  from  and  after  the  thir- 
tieth day  of  June  next,  the  act,  intituled  <<  An  act  laying  an  additional 
duty  on  salt  imported  into  the  United  States,  and  for  otner  purposes," 
passed  the  eighth  day  of  July,  one  thousand  seven  hundred  and  ninety- 
seven,  shall  be,  and  the  same  hereby  is  repealed,  and  that  from  and  after 
the  thirty-first  day  of  December  next,  so  much  of  any  act  as  lays  a  duty 
on  imported  salt,  be,  and  the  same  hereby  is  repealed ;  and  from  and 
after  the  day  last  aforesaid,  salt  shall  be  imported  into  the  United  States 
free  of  duty :  Provided,  that  for  the  recovery  and  receipt  of  such  duties 
as  shall  have  accrued,  and  on  the  days  aforesaid  respectively  remain  out- 
standing, and  for  the  recovery  and  distribution  of  fines,  penalties,  and 
forfeitures,  and  the  remission  thereof,  which  shall  have  been  incurred 
before  and  on  the  said  days  respectively,  the  provisions  of  the  aforesaid 
act  shall  remain  in  full  force  and  virtue. 

Sec.  2.  And  be  it  further  enacted.  That  from  and  after  the  first  day 
of  January  next,  so  much  of  any  act  as  allows  a  bounty  on  exported  salt 
provisions  and  pickled  fish,  in  lieu  of  drawback  of  the  duties  on  the  salt 
employed  in  curing  the  same,  and  so  much  of  any  act  as  makes  allow- 
ance to  the  owners  and  crews  of  fishing  vessels,  in  lieu  of  drawback  of 
the  duties  paid  on  the  salt  used  by  the  same,  shall  be,  and  the  same  here- 
by is  repealed :  Provided,  that  the  provisions  of  the  aforesaid  acts  shall 
remain  in  full  force  and  virtue  for  the  payment  of  the  bounties  or  al- 
lowances incurred  or  payable  on  the  first  day  of  January  next. 


NINTH  CONGRESS.    Ssss.  U.  Ch.  31,  34.    1807. 


437 


Sbc.  3.  And  he  it  Jurther  enacted^  That  bo  much  of  the  act,  passed 
OD  the  twenty-fiflh  day  of  March,  one  thoosand  eight  hundred  and  four, 
intituled  '*  An  act  further  to  protect  the  commerce  and  seamen  of  the 
United  States,  against  the  Barbary  powers,"  as  is  contained  in  the  first 
section  of  the  said  act,  be,  and  the  same  hereby  is  continued  in  force 
until  the  first  day  of  January  next,  and  no  longer :  Provided  however, 
that  the  additional  duty  laid  by  the  said  section  shall  be  collected  on  all 
such  goods,  wares,  and  merchandise,  liable  to  pay  the  same,  as  shall 
hare  been  imported  previous  to  that  day 

Approved,  March  3,  1807. 


Chap.  XXXI.— .tfn  Jid  authorizing  patents  toiuuefor  lands  located  and  mtr^ 
veyed  by  virtue  tf  certain  Virginia  reaohUion  warrantsjja) 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  any  officer  or  soldier  of  the 
Virginia  line,  on  continental  establishment,  or  his  legal  representatives, 
to  whom  a  land  warrant  has  issued,  by  virtue  of  any  resolution  of  the 
legislature  of  Virginia,  as  a  bounty  for  services,  which  by  the  laws  of 
Virginia,  passed  prior  to  the  cession  of  the  North-western  territory  to 
the  United  States,  entitled  such  officer  or  soldier  to  bounty  lands,  shall, 
if  the  said  warrant  has  been  or  shall  be  located  within  three  years  from 
the  twenty-third  of  March  next,  and  a  survey  thereof  has  been  or  shall 
be,  within  fi\^  years  from  the  said  twenty-third  of  March  next,  returned 
to  the  office  of  the  Secretary  of  War,  obtain  a  patent  for  the  same,  in 
the  same  manner,  and  on  the  same  conditions,  as  patents  are  obtained 
for  lands  located  and  surveyed  on  other  warrants  of  the  officers  and  sol- 
diers of  the  Virginia  line,  on  continental  establishment :  Provided,  that 
no  patent  shall  be  obtained  on  such  resolution  warrant,  unless  there  is 
produced  to  the  Secretary  of  War,  satisfactory  evidence  that  such  war- 
rant was  granted  for  services  which,  by  the  laws  of  Virginia,  passed  prior 
to  the  cession  of  the  North-western  territory,  would  have  entitled  such 
officer  or  soldier,  his  heirs  or  assigns,  to  bounty  lands,  and  also  a  certifi- 
cate of  the  register  of  the  land-office  of  Virginia,  that  no  other  warrant 
has  issued  from  the  said  land-office  for  the  same  services. 

Sec.  2.  And  he  it  further  enacted,  That  no  patent  shall  be  issued  by 
virtue  of  the  preceding  section,  for  a  greater  quantity  of  land,  than  the 
rank  or  term  of  service  of  the  officer  or  soldier,  to  whom  or  to  whose 
legal  representatives  such  resolution  warrant  has  been  granted,  would 
have  entitled  him  to  under  the  aforesaid  laws  of  Virginia ;  and  whenever 
it  appears  to  the  Secretary  of  War,  that  the  survey  or  surveys,  made  by 
virtue  of  any  resolution  warrant,  is  for  a  greater  quantity  of  land  than 
the  officer  or  soldier  is  entitled  to  for  his  services,  the  Secretary  of  War 
shall  certify,  on  the  said  survey  or  surveys,  the  amount  of  such  surplus 
quantity,  and  the  officer  or  soldier,  his  heirs  or  assigns,  shall  have  leave 
to  withdraw  his  survey  from  the  office  of  the  Secretary  of  War,  and  re- 
survey  his  location,  excluding  such  surplus  (juantity,  in  one  body,  from 
any  part  of  his  re-survey,  and  a  patent  shall  issue  upon  such  re-survey  as 
in  other  cases. 

Approved,  March  3,  1807. 


Meditemnean 
fond  continued 
till  Itt  JaDaary, 
1806. 

Act  of  March 
S6, 1804,  eh.  46, 

Proviao. 


STATUTE  U. 

t 

March  3,  1807. 

Act    of  May 
18, 1796,  ch.  29. 

Act  of  March 
S,  1799,  ch.  39. 

Act   of  Feb. 
2S,  1815.ch.4S. 

Act  of  April 
11, 1818,  ch.  43. 

RetolatioD 
warrants  may  b4 
located     within 
threeyears  rrom 
March,  1808. 

Act   of  Feb. 
9, 1821,  ch.  10. 

Act  of  Feb. 
21, 1823,  ch.  10. 


ProTito,  that 
no  warrant  can 
be  obtained  vn- 
leas  proof  to  the 
aatiifaction  of 
the  Secretary  of 
War  that  the 
warrant  waa 
given  for  lerTi- 
cea   before  the 
ceMion. 

Patents  not  to 
issneforagreat- 
er  quantitr  of 
land  than  the 
laws  of  Virginia 
entitled  the  per- 
son performing 
the  service  to. 

Surveys  to  be 
withdrawn 
where  locations 
shall  have  been 
made  in  any 
other  way,  and 
re-surveys  to  be 
made,  &c. 


Statute  II. 


Chap.  XXXI V An  Act  regulating  the  grants  tf  land  in  the  territory  tf  Miehi-    March  3, 1S07. 

gan^lb) 


Act  of  March 


Be  it  enacted  hy  the  Senate  and  House  of  Representatives  of  the  United  S6, 1804,  ch.  36. 
States  of  America  in  Congress  assembled.  That  all  the  decisions  made   3  ^^5  ^^sl 

(a)  See  notes  to  act  of  May  18,  1796,  chap.  29,  Vol.  i.  464. 

(ft)  Acts  relating  to  the  sale  of  the  public  landa  in  Michigan : — 

An  act  regulating  the  granto  of  lands  in  the  territory  of  Michigan,  March  3,  1807,  chap.  31. 

2o2 


438 


NINTH  CONGRESS.    Sess.  II.  Ca.  34.    1807. 


Act  of  April 
SI,  1806,  ch.  43. 

Decisions    of 
commissioners 
in  favour  of  land 
in  certain  cases, 
confirmed. 

Persons  in  oc- 
cupation of  land 
in  Micbiffan,  to 
which  Indian  ti. 
tie  has  been  ex. 
tinguished,con. 
firmed  in  their 
titles  as  of 
estates  of  inher- 
itance, in  fee 
simple. 


Proviso. 


by  the  commissioners  appointed  for  the  purpose  of  examining  the  claims 
of  persons  claiming  lands  in  the  district  of  Detroit,  in  favour  of  such 
claimants,  as  entered  in  the  transcript  of  decisions  which  have  been 
transmitted  by  the  said  commissioners,  to  the  Secretary  of  the  Treasury, 
according  to  law,  be,  and  the  same  are  hereby  confirmed. 

Sec.  2.  And  he  it  further  enacted,  That  to  every  person  or  persons 
in  the  actual  possession,  occupancy,  and  improvement,  of  any  tract  or 
parcel  of  land,  in  his,  her,  or  their  own  right,  at  the  time  of  the  passing 
of  this  act,  within  that  part  of  the  territory  of  Michigan,  to  which  the 
Indian  title  has  been  extinguished,  and  which  said  tract  or  parcel  of 
land  was  settled,  occupied  and  improved,  by  him,  her,  or  them,  prior  to 
and  on  the  first  day  of  July,  one  thousand  seven  hundred  and  ninety- 
six,  or  by  some  other  person  or  persons,  under  whom  he,  she,  or  they 
hold  or  claim  the  right  to  the  occupancy,  or  possession  thereof,  and 
which  said  occupancy  or  possession  has  been  continued  to  the  time  of 
the  passing  of  this  act ;  the  said  tract  or  parcel  of  land  thus  possessed, 
occupied,  and  improved,  shall  be  granted,  and  such  occupant  or  occu- 
pants shall  be  confirmed  in  the  title  to  the  same,  as  an  estate  of  inherit- 
ance, in  fee  simple :  Provided  however,  that  no  other  claims  shall  be 
confirmed,  by  virtue  of  this  section,  than  such  as  have  been  entered 
with  the  register  of  the  land-ofiice  of  Detroit,  within  the  time,  and  in 
the  manner  provided  by  law,  and  by  the  commissioners  aforesaid,  have 
been  inserted  in  their  report,  transmitted  as  aforesaid ;  nor  shall  more 
than  one  tract  or  parcel  of  land  be  thus  granted  to  any  one  person,  and 
the  same  shall  not  contain  more  than  the  quantity  claimed,  nor  more 
than  six  hundred  and  forty  acres :  And  provided  also,  that  the  same  shall 
not  extend  to  any  tract  heretofore  reserved,  or  which  may  by  the  Presi- 
dent of  the  United  States,  be  set  aside  for  public  uses,  in  the  town  of 
Detroit  and  its  vicinity,  or  on  the  island  of  Michilimackinac. 

Sec.  3.  And  he  it  further  enacted.  That  the  secretary  of  the  territory 
of  Michigan,  together  with  the  register  and  receiver  of  public  monies 
of  the  land-ofHce  of  Detroit,  shall  be  commissioners  for  the  purpose  of 
ascertaining  and  deciding  on  the  rights  of  persons  claiming  the  benefit 
of  this  act :  and  the  said  commissioners  shall,  previous  to  entering  on 
the  duties  of  their  appointment,  respectively  take  and  subscribe  the  fol- 
lowing oath  or  affirmation,  before  some  person  qualified  to  administer 
the  same :  I  do  solemnly  swear  (or  aflirm)  that  I  wiU  impar- 

tially exercise  and  discharge  the  duties  imposed  upon  me,  by  an  act  of 
Congress,  intituled  "  An  act  regulating  the  grants  of  land  in  the  terri- 
tory of  Michigan."  And  it  shall  be  the  duty  of  the  said  commissioners 
to  meet  at  the  town  of  Detroit,  on  or  before  the  first  day  of  July  next, 
and  they  shall  not  adjourn  to  any  other  place,  or  for  any  longer  time. 

An  act  making  provision  for  the  dinposal  of  the  public  lands  in  the  Indiana  territory,  and  for  other  par- 
poses,  March  26»  1S04,  chap.  35,  sec.  2,  Sic. 

An  act  supplementary  to  the  act  entitled,  « An  act  making  provision  for  the  disposal  of  the  public 
lands  in  the  Indiana  territory,  and  for  other  purposes,"  March  3,  1S05,  chap.  43,  sec.  6. 

An  act  for  the  adjustment  of  titles  to  land  in  the  town  of  Detroit  and  territory  of  Michigan,  and  for 
other  purposes,  April  21,  1806,  chap.  43. 

An  act  supplemental  to  "  an  act  regulating  the  grants  of  land  in  the  territory  of  Michigan,"  April  26, 
1808,  chap.  67. 

An  act  to  authorize  the  granting  patents  for  lands  according  to  the  surveys  that  have  been  made,  and 
to  grant  donation  rights  to  certain  claimants  of  land  in  the  district  of  Detroit,  and  for  other  purposes, 
April  23,  1812,  chap.  62. 

An  act  allowing  furtlier  time  for  entering  donation  rights  to  lands  in  the  district  of  Detroit,  March  8, 
1817,  chap.  99. 

An  act  to  revive  the  powers  of  the  commissioners  for  ascertaining  and  deciding  on  claims  to  land  at 
Green  Bay  and  Prairie  des  Cheins,  in  the  territory  of  Michigan,  May  11,  1820,  chap.  84. 

An  act  to  revive  and  continue  in  force,  certain  acts  for  the  adjustment  of  land  claims  in  the  territory 
of  Michigan,  February  21,  1823,  chap.  10. 

An  act  to  confirm  certain  claims  to  lands  in  the  territory  of  Michigan,  April  17,  1828,  chap.  12. 

An  act  to  csUblish  a  land-office  in  the  territory  of  Michigan,  and  for  other  purposes,  February  19, 
1831,  chap.  27. 

An  act  supplementary  to  "  an  act  to  provide  for  the  adjustment  of  titles  to  land  in  the  town  of  Detroit 
and  territory  of  Michigan,  and  for  other  purposes,"  passed  April  21, 1826,  August  29,  1842,  chap.  260. 


Proviso. 


Sfecretary  of 
Michigan,  and 
the  register  and 
receiver  of  pub« 
lie  monies  of 
the  land -office 
of  Detroit,  made 
commissioners 
for  claims,  &c. 

Their  oatli  of 
office. 


NINTH  CX)NGR£SS.    Sess.  U.  Ch.  34.    1807. 


than  three  days,  until  the  first  day  of  January  next,  or  until  they  shall 
have  completed  the  business  of  their  appointment  And  the  said  com- 
missioners, or  a  majority  of  them,  shall  have  power  to  hear  and  decide 
in  a  summary  manner,  all  matters  respecting  such  claims,  to  compel  the 
attendance  of  witnesses,  to  administer  oaths  and  examine  witnesses,  and 
such  other  testimony  as  may  be  adduced,  and  to  determine  thereon 
according  to  justice  and  equity.  Minutes  of  the  proceedings,  decisions, 
meetings,  and  adjournments  of  the  board,  shall  be  regularly  entered  by 
the  register,  in  a  book  to  be  kept  for  that  purpose,  together  with  the 
evidence  on  which  such  decisions  are  made,  unless  such  evidence  has 
already  been  entered  according  to  law,  in  the  book  or  books  of  minutes, 
kept  by  the  commissioners  appointed  under  former  acts,  to  investigate 
the  claims  to  land  in  the  district  of  Detroit.  And  when  it  shall  appear 
to  the  said  commissioners  that  the  claimant  is  entitled  to  a  tract  of  land 
by  virtue  of  this  act,  they  shall  give  a  certificate  thereof  stating  the  cir- 
cumstances of  the  case,  and  that  the  claimant  is  entitled  to  receive  a 
patent  for  such  a  tract  of  land,  by  virtue  of  this  act ;  which  tract  shall 
be  surveyed  in  conformity  with  the  decision  of  the  commissioners,  at  the 
expense  of  the  party,  and  under  the  direction  of  the  surveyor-general  by 
such  of  his  assistants,  residing  in  the  territory  of  Michigan,  as  the  said 
surveyor-general  shall  appoint  for  that  purpose:  ProMcd,  ih^i  the  whole 
expense  of  surveying  and  marking  the  Hues,  shall  not  exceed  three  dol- 
lars for  every  mile  that  shall  be  actually  run,  surveyed,  or  marked.  The 
surveyor-general  shall  transmit  to  the  register  of  the  land-office  at 
Detroit,  general  and  particular  plots  of  all  the  lands  surveyed  as  afore- 
said, and  shall  also  forward  copies  of  the  said  plots  to  the  Secretary  of 
the  Treasury.  The  commissioners  shall  transmit  to  the  Secretary  of  the 
Treasury  a  transcript  of  their  decisions  in  favour  of  claimants,  which 
shall  contain  a  fair  statement  of  the  evidence  on  which  each  respective 
claim  is  founded,  and  shall  be  signed  by  the  said  commissioners,  and 
shall  state  the  names  of  the  parties  in  whose  favour  the  certificates  have 
been  granted,  the  number  of  acres  granted  and  the  situation  of  the  land. 
And  the  certificate  and  certificates  granted  as  aforesaid,  by  the  commis- 
sioners, being  duly  entered  with  the  register  of  the  land-office  of 
Detroit,  prior  to  the  first  day  of  Jannary,  one  thousand  eight  hundred 
and  nine,  shall  entitle  the  party  or  parties,  as  soon  as  the  plot  or  plots 
aforesaid,  shall  have  been  transmitted  to  the  said  register,  to  receive  from 
him  a  certificate  or  certificates,  for  each  of  which  certificates  the  register 
shall  receive  one  dollar,  directed  to  the  Secretary  of  the  Treasury ;  and 
if  it  shall  appear  to  the  satisfaction  of  the  said  secretary,  that  such  cer- 
tificates have  been  fairly  obtained  according  to  the  true  intent  and 
meaning  of  this  act,  then  and  in  that  case,  patents  shall  issue,  in  like 
manner  as  is  provided  by  law,  for  the  other  lands  of  the  United  States. 

Sec.  4.  And  be  it  further  enacted,  That  the  powers  vested  by  this 
act  in  the  commissioners  above  mentioned  shall  not  extend  to  lots  in  the 
town  of  Detroit,  the  claims  to  which  shall  be  ascertained  and  decided 
upon,  in  the  manner  provided  by  the  act,  intituled  "  An  act  to  provide 
for  the  adjustment  of  titles  of  land  in  the  town  of  Detroit,  and  territory 
of  Michigan,  and  for  other  purposes." 

Sec.  5.  And  he.  it  further  enacted.  That  the  secretary  of  the  territory 
of  Michigan  shall  be  entitled  to  receive  five  hundred  dollars,  in  full  for 
all  the  services  rendered  by  him  under  this  act,  to  be  paid  out  the  sums 
which  have  been,  or  may  be  appropriated  for  carrying  into  effect  the 
several  laws  enacted  for  the  disposal  of  public  lands,  and  for  the  adjust- 
ment of  claims  in  the  Indiana  or  Michigan  territories. 

Approved,  March  3,  1807. 


Powers     and 
duties  of  the 
commissioners. 


Lands  to  be 
surveyed,  &c. 


By  whom. 
Proviso. 


Oeneral  end 
particular  plots 
to  be  sent  by 
the  surveyor- 
general  to  the 
reffister  of  land, 
office  at  Detroit, 
and  copies  also 
to  Secretary  of 
Treasury.   . 

Transcripts 
of  commission- 
ers'  decisions  to 
be  likewise  for- 
warded to  Sec 
retary  of  Trea- 
sury. 

Certificates  of 
commissioners 
to  give  titles  to 
land,  Stc. 

Fees  to  bo 
paid  for  certifi- 
cates. 


Powers  of 
commissioners 
not  extended  to 
lots  in  town  of 
Detroit. 

How  claims 
to  such  lots  are 
to  be  decided 
upon. 

Compensation 
to  secretarv  of 
Michigan,  ror 
services    under 
this  act. 

Out  of  what 
fund  to  be  paid. 


440 


NINTH  CONGRESS.     Sess.  II.  Cii.  35,  3G.     1807. 


8TATDTS  II. 

March  3,  1807. 


Chap.  XXXV.— ..^n  Act  makifig  appropriatums  for  carrying  into  ^tct  a  treaty 
between  the  United  States  and  the  Chickaaaw  tribe  of  Indian$t  and  to  eUabUth 
a  kuidrqgkt  in  the  Miuimppi  territory. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  for  the  purpose  of  car- 
ryiDg  into  effect  a  treaty,  made  on  the  twenty-third  day  of  July,  one 
thousand  eight  hundred  and  five,  between  the  United  States  and  the 
Chickasaw  nation  of  Indians,  the  following  sums,  to  be  paid  out  of  any 
monies  in  the  treasury  not  otherwise  appropriated,  be,  and  the  same 
hereby  are  appropriated,  in  conformity  with  the  stipulations  contained 
in  the  said  treaty,  that  is  to  say ;  to  the  said  Chickasaw  nation,  twenty 
thousand  dollars ;  to  Georse  Colbert  and  CKoy,  each,  one  thousand 
dollars ;  and  to  Chinubbe  Mingo,  chief  of  the  nation,  an  annuity  of  one 
hundred  dollars,  during  his  natural  life. 

Sec.  2.  And  be  it  further  enacted,  That  it  shall  be  the  duty  of  the 
surveyor-general  of  the  public  lands,  south  of  Tennessee,  to  cause  to  be 
surveyed  and  laid  out,  in  the  same  manner  as  is  provided  by  law  for  the 
other  public  lands  in  the  Mississippi  territory,  so  much  of  the  lands 
ceded  to  the  United  States  by  the  Cherokees  and  Chickasaws,  as  lies 
within  the  said  territory;  and  the  President  of  the  United  States  is 
hereby  authorized,  whenever  he  shall  think  it  proper,  to  establish  a  land- 
office  for  the  sale  of  the  said  lands,  and  to  appoint  a  register  of  the 
same,  and  a  receiver  of  the  public  monies  accruing  from  the  sale  of  the 
said  lands,  whose  respective  emoluments  and  duties  shall  be  the  same  aa 
those  of  the  registers  and  receivers  of  the  other  land-offices  in  the  said 
territory. 

Approved,  March  3,  1607. 


Appropriation!. 

Sunre  jor  gen- 
eral of  the  pub- 
lic landi  aooth 
of  Tenoetteeao 
cauie  lands 
ceded  by  the 
Cberokeei  and 
Chickasawi,  and 
l^in^  in  Misaii. 
■ippi,  to  be  sur. 
▼eyed  and  laid 
out. 

Preiident  au- 
tboriied  to  have 
a  land- office  for 
the  lale  of 
them;  to  ap- 
point a  register 
and  a  receiver 
of  public  mo- 
nies, &c. 

Their  emolu- 
ments. 

Statute  II. 


March  3,  1807.    Chap.  XXXYI. 


Part  of  the  Ist 
section  of  a  for- 
mer act  repeal- 
ed,  respecting 
incomplete  ti- 
tles. 


Residents  in 
the  territories 
of  Orleans  or 
Louisiana,  con- 
firmed in  their 
titles,  if  in  pos- 
session a  certain 
number  of  suc- 
cessive years. 

Proviso. 


Claim  of  New 
Orleans  to  the 
commons  con- 
firmed. 


Act  respecting  elafme  to  land  in  the  territoriee  of  Orleane 
and  louiMiana,{a) 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  so  much-  of  the  first 
section  of  the  act,  intituled  *'  An  act  for  ascertaining  and  adjusting  the 
titles  and  claims  to  land  within  the  territory  of  Orleans  and  the  district 
of  Louisiana,"  as  provides  that  no  incomplete  title  shall  be  confirmed, 
unless  the  person  in  whose  name  the  warrant  or  order  of  survey  had 
been  granted,  was  at  the  time  of  its  date,  either  the  head  of  a  family,  or 
above  the  age  of  twenty-one  years,  be  and  the  same  is  hereby  repealed. 

Sec.  2.  And  be  it  further  enacted,  That  any  person  or  persons,  and 
the  legal  representative  of  any  person  or  persons,  who,  on  the  twentieth 
day  of  December,  one  thousand  eight  hundred  and  three,  had  for  ten 
consecutive  years  prior  to  that  day,  been  in  possession  of  a  tract  of 
land  not  claimed  by  any  other  person,  and  not  exceeding  two  thousand 
acres,  and  who  were  on  that  day  resident  in  the  territory  of  Orleans  or 
Louisiana,  and  had  still  possession  of  such  tract  of  land,  shall  be  con- 
firmed in  their  titles  to  such  tract  of  land :  Provided,  that  no  claim  to  a 
lead  mine  or  salt  spring,  shall  be  confirmed  merely  by  virtue  of  this  sec- 
tion: And  provided  also,  that  no  more  land  shall  be  granted  by  virtue 
of  this  section,  than  is  actually  claimed  by  the  party,  nor  more  than  is 
contained  within  the  acknowledged  and  ascertained  boundaries  of  the 
tract  claimed. 

Sec.  3.  And  be  it  further  enacted.  That  the  claim  of  the  corporation 
of  the  city  of  New  C)rleans,  to  the  commons  adjacent  to  the  said  city, 
and  within  six  hundred  yards  from  the  fortifications  of  the  same,  be, 
and  the  same  are  hereby  recognized  and  confirmed :  Provided,  that  the 


(a)  See  notes  to  act  of  March  ft,  1806,  chap.  26. 


NINTH  (X)NGRESS,    Sem.  II.  Ch.  36.     1807. 


441 


Mad  corporation  shall  within  six  months  after  passing  this  act,  relinquish 
and  release  any  claim  they  may  have  to  such  commons  beyond  the  dis- 
tance of  six  hundred  yards  aforesaid :  Provided  also,  that  the  corpora- 
tion shall  reserve  for  the  purpose,  and  convey  gratuitously  for  the  public 
benefit,  to  the  company  authorized  by  the  legislature  of  the  territory  of 
Orleans^  as  much  of  the  said  commons  as  shall  be  necessary  to  continue 
the  canal  of  Caronddet  from  the  present  basin  to  the  Mississippi,  and 
shall  not  dispose  of,  for  the  purpose  of  building  thereon,  any  lot  within 
sixty  feet  of  the  space  reserved  for  a  canal,  which  shall  for  ever  remain 
<^n  as  a  public  highway :  And  provided  also,  that  nothing  herein  con- 
tained, shall  be  construed  to  affect  or  impair  the  rights  of  any  individual 
or  individuals  to  the  said  commons,  which  are  derived  from  any  grant 
of  the  French  or  Spanish  government. 

Sec.  4.  And  he  it  Jurther  enacted.  That  the  commissioners  appointed 
or  to  be  appointed  for  the  purpose  of  ascertaining  the  rights  of  persons 
claiming  land  in  the  territories  of  Orleans  and  Louisiana,  shall  have  full 
powers  to  decide  according  to  the  laws  and  established  usages  and  cus- 
toms of  the  French  and  Spanish  governments,  upon  all  claims  to  lands 
within  their  respective  districts,  where  the  claim  is  made  by  any  person 
or  persons,  or  the  legal  representative  of  any  person  or  persons,  who 
were  on  the  twentieth  of  December,  one  thousand  eight  hundred  and 
three,  inhabitants  of  Louisiana,  and  for  a  tract  not  exceeding  the  quan- 
tity of  acres  contained  in  a  league  square,  and  which  does  not  include 
either  a  lead  mine  or  salt  spring,  which  decision  of  the  commissioners 
when  in  favour  of  the  claimant  shall  be  final,  against  the  United  States, 
any  act  of  Congress  to  the  contrary  notwithstanding. 

Sec.  5.  Ana  be  it  further  enacted^  That  the  time  fixed  by  the  act 
above  mentioned,  and  by  the  acts  supplementary  to  the  same,  for  deli- 
vering to  the  proper  register  or  recorder,  notices  in  writing  and  the 
written  evidences  of  claims  to  land,  be,  and  the  same  is  hereby  extended, 
for  the  territories  of  Orleans  and  Louisiana,  till  the  first  day  of  July,  one 
thousand  eight  hundred  and  eight,  and  persons  delivering  such  notices 
and  evidences  shall  be  entitled  to  the  same  benefit  as  if  the  same  had 
been  delivered  within  the  time  limited  by  the  former  acts ;  but  the  rights 
of  such  persons  as  shall  neglect  so  doing  within  the  time  limited  by  this 
act,  shall,  so  far  as  they  are  derived  from  or  founded  on  any  act  of  Con- 
gress, ever  after  be  barred  and  become  void,  and  the  evidences  of  their 
claims  never  after  admitted  as  evidence  in  ai\y  court  of  law  or  equity 
whatever. 

Sec.  6.  And  be  it  Jurther  enacted.  That  the  commissioners  appointed 
or  to  be  appointed  for  the  purpose  of  ascertaining  the  rights  of  persons 
claiming  lands  in  the  territories  of  Orleans  and  Louisiana,  shall  respec- 
tively transmit  to  the  Secretary  of  the  Treasury  and  to  the  surveyor- 
general,  or  officer  acting  as  surveyor-general,  transcripts  of  the  final 
decisions  made  in  favour  of  claimants  by  virtue  of  this  act,  and  they  shall 
deliver  to  the  party  a  certificate  stating  the  circumstances  of  the  case, 
and  that  he  is  entitled  to  a  patent  for  the  tract  of  land  therein  designated, 
which  certificate  shall  be  filed  with  the  proper  register  or  recorder, 
within  twelve  months  after  date.  And  the  register  or  recorder  shall 
thereupon  (a  plat  of  the  tract  of  land  therein  designated,  being  previ- 
ously filed  with  him  or  transmitted  to  him  by  the  officer  acting  as  sur- 
veyor-general in  the  manner  herein  after  provided,)  issue  a  certificate  in 
favour  of  the  party,  which  certificate  being  transmitted  to  the  Secretary 
of  the  Treasury,  shall  entitle  the  party  to  a  patent,  to  be  issued  in  like 
manner  as  is  provided  by  law  for  the  issuing  of  patents  for  public  lands 
lying  in  other  territories  of  the  United  States. 

Sec.  7.  And  be  it  further  enacted^  That  the  tracts  of  land  thus  granted 
by  the  commissioners  shall  be  surveyed  at  the  expense  of  the  parties, 
nnder  the  direction  of  the  surveyor-general,  or  officer  acting  as  surveyor- 

VoL.  II.— 56 


ReleaM  to  be 
nadebj  the  cor- 
poration. 

Proviso. 


Nothing  here- 
in to  impair 
rifhlfl  ander  the 
French  or  Span- 
ish ffovemment. 

Claims  to  be 
decided  accord- 
ing to  the  nsages 
and  cnstoms  of 
the  French  and 
Spanish  govern- 
ments, in    cer- 


Time  filed 
for  delivering 
notices  of 
claims,  extend- 
ed. 


Persons  bar- 
red who  neglect 
giving   notices, 


Certificates  of 
final  decisions 
to  be  transmit- 
ted to  surveyor- 
general  and 
Secretary  of  the 
Treasury. 


Patents  to  is- 
sue upon  those 
transmitted  to 
theSecreUryof 
the  Treasury. 


Tracts  of 
land  thus  grant- 
ed to  be  survey- 
ed   at   ezpenie 


442 


NINTH  CONGRESS.     Sess.  II.  Cii.  36.     1807. 


of  the  partiei, 
unleii  an  accu- 
rate and  au- 
thentic   survey, 
made  under  au. 
thority    of  for- 
mer goyem- 
ments  of  Or- 
leans  and  Lou- 
isiana^shall  have 
been  filed,  &c. 
Commission, 
ers     authorized 
to  direct  re*sur- 
veys. 

Surveyor- gen- 
eral to  transmit 
general  and  par- 
ticular plats  to 
Secretary  of  the 
Treasury,  &c. 

Keports  of 
undecided 
claims  to  be  re- 
guiarlv  trans, 
mitted  by  com. 
missioncrs  to 
Secretary  of  the 
Treasury. 

Arrangement 
of  claims. 


Allowances 
and  coropenaa- 
tions. 


ProTi'so. 


general,  in  all  cases  where  an  authenticated  plat  of  the  land  a8sur?eyed 
under  the  authority  of  the  officer  acting  as  surveyor-general  under  "the 
French,  Spanish,  or  American  governments  respectively,  during  the 
time  either  of  the  said  governments  had  the  actual  possession  of  the  said 
territories  of  Orleans  and  Louisiana,  shall  not  have  been  filed  with  the 
proper  register  or  recorder,  or  shall  not  appear  of  record  on  the  public 
records  of  the  said  territories  of  Orleans  and  Louisiana.  The  said  com- 
missioners shall  also  be  authorized,  whenever  they  may  think  it  neces- 
sary, to  direct  the  surveyor-general,  or  officer  acting  as  such,  to  cause 
any  tract  of  land  already  duly  surveyed,  to  be  re-surveyed  at  the  expense 
of  the  United  States.  And  the  surveyor-general,  or  officer  acting  as 
such,  shall  transmit  general  and  particular  plats  of  the  tracts  of  land  thus 
surveyed,  to  the  proper  register  or  recorder,  and  shall  also  transmit  copies 
of  the  said  plats  to  the  Secretary  of  the  Treasury. 

Sec.  8.  And  be  it  Jvrthcr  enacted.  That  the  commissioners  aforesaid 
shall  respectively  report  to  the  Secretary  of  the  Treasury  their  opinion 
on  all  the  claims  to  land  within  their  respective  districts,  which  they  shall 
not  have  finally  confirmed  by  the  fourth  section  of  this  act.  The  claims 
shall,  in  the  said  report  or  reports,  be  arranged  into  three  genera]  classes, 
that  is  to  say :  first,  claims  which,  in  the  opinions  of  the  commissioners, 
ought  to  be  confirmed  in  conformity  with  the  provisions  of  the  several- 
acts  of  Congre^,  for  ascertaining  and  adjusting  the  titles  and  claims  to 
land  within  the  territories  of  Orleans  and  Louisiana ;  secondly,  claims 
which,  though  not  embraced  by  the  provisions  of  the  said  acts,  ought 
nevertheless  in  the  opinion  of  the  commissioners  to  be  confirmed  in  con- 
formity with  the  laws,  usages,  and  customs  of  the  Spanish  government; 
thirdly,  claims  which  neither  are  embraced  by  the  provisions  of  the  said 
acts,  nor  ought  in  the  opinion  of  the  commissioners  to  be  confirmed  in 
conformity  with  the  laws,  usages,  and  customs  of  the  Spanish  govern- 
ment ;  and  the  said  report  and  reports  being  in  other  respects  made  in 
conformity  with  the  forms  prescribed  according  to  law,  by  the  Secretary 
of  the  Treasury,  shall  by  him  be  laid  before  Congress,  for  their  final 
determination  thereon,  in  the  manner  and  at  the  time  heretofore  pre- 
scribed by  law  for  that  purpose. 

Sec.  9.  And  be  it  fitrther  enacted,  That  the  following  allowances  and 
compensations  shall  be  made  to  the  several  officers  herein  after  men- 
tioned, that  is  to  say,  to  the  principal  deputy  of  the  surveyor-general,  for 
the  district  of  Louisiana,  at  the  rate  of  five  hundred  dollars  a  year,  from 
the  time  he  entered  into  the  duties  of  his  office,  in  addition  to  the  fees 
which  he  is  entitled  to  receive  by  law.  To  the  register  of  the  western 
district  of  the  Orleans  territory,  and  to  the  clerk  of  the  board  of  commis- 
sioners for  that  district,  one  thousand  dollars  each,  for  their  services  as 
commissioners  and  clerk  respectively,  during  the  year  one  thousand  eight 
hundred  and  six.  To  each  of  the  deputy  registers  of  the  territory  of 
Orleans,  five  hundred  dollars  in  full,  for  their  services  subsequent  to  the 
first  day  of  January  last,  in  addition  to  the  fees  to  which  they  are  legally 
entitled.  To  each  of  the  commissioners  at  the  rate  of  two  thousand 
dollars  a  year;  to  each  of  the  clerks  of  the  boards,  and  to  each  of  the 
agents  employed  by  the  Secretary  of  the  Treasury,  at  the  rate  of  fifteen 
hundred  dollars  a  year,  and  to  each  of  the  translators,  at  the  rate  of  six 
hundred  dollars  a  year,  to  commence  from  the  first  day  of  July  next,  in 
the  district  of  Louisiana,  and  from  the  first  day  of  January  next,  in  the 
territory  of  Orleans,  and  to  continue  to  the  time  when  each  board  shall 
be  respectively  dissolved :  Provided,  that  no  more  than  eighteen  months' 
compensation  be  thus  allowed  to  the  said  commissioners,  clerks,  and 
translators,  and  that  the  compensation  of  any  such  officer  absenting  him- 
self from  his  district,  or  failing  to  attend  to  the  duties  of  his  office,  shall 
cease  during  such  absence  or  failure. 

Approved,  March  3,  1807. 


NINTH  CONGRESS.     Sess.  II.  Ch.  37,  39,  40,  41.     1807. 


443 


Statute  IL 
CaAF,  XXXVlh-^JlnJci  making  further  appropriations  for  foriifi/ing  ike  p(^    March  3,  1807. 
and  harbors  of  the  United  States.  • 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United       Specific  ap- 
States  of  America  in  Congress  assembled,  That  a  sum  of  money  not  prop^ai*®""- 
exceeding  one  hundred  and  (ifly  thousand  dollars,  in  addition  to  the 
sums  heretofore  appropriated,  be,  and  the  same  is  hereby  appropriated,      [Obsolete] 
to  enable  the  President  of  the  United  States  to  cause  the  ports  and  har- 
bors of  the  United  States  to  be  better  fortified  and  protected. 

Sec.  2.  And  be  it  further  enacted.  That  the  money  appropriated  by  this 
act,  shall  be  paid  out  of  any  money  in  the  treasury  of  the  United  States, 
not  otherwise  appropriated. 

Approved,  March  3,  1807. 


Statute  II. 


Land  and  na- 
tal forces  to  be 
employed  for 
■uppreniog  in- 
surrections. 


Chap.  XXXIX. — Jin  Jlet  authorizing  the  employment  cf  the  land  and  naval  March  3,  1807. 
forces  (f  the  United  States^  in  eases  of  insurrections. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  in  all  cases  of  insur- 
rection, or  obstruction  to  the  laws,  either  of  the  United  States,  or  of  any 
individual  state  or  territory,  where  it  is  lawful  for  the  President  of  the 
United  States  to  call  forth  the  militia  for  the  purpose  of  suppressing  such 
insurrection,  or  of  causing  the  laws  to  be  duly  executed,  it  shall  be  law- 
ful for  him  to  employ,  for  the  same  purposes,  such  part  of  the  land 
or  naval  force  of  the  United  States,  as  shall  be  judged  necessary,  having 
first  observed  ail  the  pre-requisites  of  the  law  in  that  respect 

Approved,  March  3,  1807. 


Statute  II. 


Chap.  XL. — Jn  Jet  in  addition  to  an  act  intituled  **Jn  act  in  addition  to  an  act   March  3,  1807. 

eniituled  Jin  act  supplementary  to  the  act  providing  for  a  naval  peace  establish^    — 

mentj  and  for  other  purposes,^* 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United      Act  of  April 
States  of  America  in  Congress  assembled.  That  the  President  of  the  2l>l806,ch.35. 
United  States  be,  and  he  is  hereby  authorized,  in  addition  to  the  present 
naval  peace  establishment,  to  employ  a  number  of  able  seamen,  ordinary 
seamen  and  boys,  not  exceeding  five  hundred,  should  the  exigency  of  the 
public  service  require  the  same. 

Approved,  March  3,  1807. 


Statute  II. 


Chap.  XLT. — jin  jSet  making  appropriations  for  carrying  into  ejfedt  certain    March  3,  1807. 
treaties  with  t/te  Cherokee  and  Fiankeshaw  tribes  (f  Indians.  " 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United  Specific  ap- 
States  of  America  in  Congress  assembled,  That  for  carrying  into  effect  P'^^P'i'^o'*"- 
a  convention  between  the  United  States  and  the  Cherokee  nation  of 
Indians,  the  following  sums,  to  be  paid  out  of  any  monies  in  the  trea- 
sury, not  otherwise  appropriated,  be,  and  the  same  hereby  are  appro- 
priated ;  that  is  to  say — to  the  said  Cherokee  nation,  two  thousand  dol- 
lars, and  the  further  annual  sum  of  two  thousand  dollars  for  four  years 
successively;  and  to  the  Cherokee  chief,  called  the  Black  Fox,  the  annual 
sum  of  one  hundred  dollars,  during  his  natural  life. 

Sec.  2.  And  be  it  further  enacted,  That  for  carrying  into  effect  a 
treaty  between  the  United  States  and  the  Piankeshaw  tribe  of  Indians, 
conduded  at  Vincennes,  on  the  thirtieth  day  of  December,  one  thousand 
eight  hundred  and  five,  there  shall  be,  and  hereby  are  appropriated,  in 
addition  to  appropriations  for  carrying  into  effect  former  treaties,  a  sum 


NINTH  CONGRESS.    Sess.  U.  Ch.  43, 44, 45.    1807 


of  one  thoosand  dollars,  and  a  further  annual  sum  of  three  hundred 
dollars,  to  be  paid  out  of  any  monies  in  the  treasury,  not  otherwise 
appropriated. 

Apf  ROVED,  March  3, 1807. 


Statute  II. 


March  3,  1807.   Chap.  XLUI. — Jtn  Ad  to  eOablUh  certain  Pott  Roadii  and  for  other  purpatet. 


[Repelled.] 
Act  of  April 

88, 1810,  ch.  30, 

■ec.  2. 
Poet  roads 

eeubliihed. 


A  road  to  be 
opened,  on  the 
route  from 
Athens  to  New 
Orleans. 

Unexpended 
balance  or  a  ibr<. 
mer  appropria- 
tion to  be  ap. 
plied  to  this  oo- 
ject. 


Statutb  II. 
March  3,  1807. 


Establishment 
of  the  bank  of 
Detroit  disap- 
proTed  of. 


Be  it  enaeied  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  the  following  post  roads 
be  established: 

In  Orleans. — ^From  New  Orleans  to  the  Balize,  and  from  New 
Orleans,  by  the  mouth  of  the  Fourche,  mouth  of  the  canal  of  Attakapas, 
lake  Veret,  the  ferry  of  lake  Veret,  the  mouth  of  Teache,  the  church 
of  Attacapas,  and  the  church  of  Appelousas,  to  Rapides.  And  the 
Postmaster-General  be,  and  he  is  hereby  authorized  to  allow  and  pay  to 
the  postmaster,  which  may  be  appointed  at  the  Balize,  in  addition  to 
the  legal  fees  of  office,  such  sum  as  he  may  judge  reasonable,  not 
exceeding  four  hundred  doUars  per  annum,  as  a  compensation  for  his 
services. 

Sec.  2.  And  be  it  further  enacted.  That  the  President  of  the  United 
States  is  hereby  authorized,  to  cause  to  be  opened  a  road  from  the  thirty- 
first  degree  of  north  latitude  to  New  Orleans,  on  the  route  from  Athens 
to  New  Orleans,  under  such  regulations  as  may  be  agreed  upon  for  that 
purpose,  between  the  executive  of  the  United  States  and  the  Spanish 
government:  and  he  is  hereby  authorized  to  expend,  in  opening  the 
same,  any  part  of  the  money  heretofore  appropriated  for  opening  a  road 
on  the  said  route,  from  the  frontier  of  Georgia  to  the  thirty-first  degree 
of  north  latitude,  which  remains  unexpended. 

Approved,  March  3,  1807. 


Chap.   XLI  V.— •tfn  Jd  diaapprovine  tfanaet  paaaed  by  the 
if  the  territory  tf  Michigan^  iniituKd  ^^An  act  coneenung  ' 


Bank  (f  Detroit: 


Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Confess  assembled.  That  an  act,  intituled  "An  act 
concerning  the  bank  of  Detroit,"  adopted  and  published  by  the  governor 
and  judges  of  the  territory  of  Michigan,  on  the  nineteenth  day  of  Sep- 
tember, in  the  year  of  our  Lord  one  thousand  eight  hundred  and  six, 
is  hereby  disapproved  of  by  Congress,  and  that  tl^  same  shall  be  of  no 
force  or  effect 

Approved,  March  3,  1807. 


Statute  II. 
March  3,  1807. 


Compensation 
for  extra  ser- 
▼ices. 


1S04,  ch.38. 


Chap.  XLV.— ^n  Ad  making  eompenaation  for  extra  mrvieet^  to  the  governor^ 
judges  and  secretary  cf  the  Indiana  territory • 

Be  it  enacted  by  the  Senate  and  House  of  Reoresentatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  SecreUry  of  the 
Treasury  be,  and  he  hereby  is  directed  to  pay  to  the  governor,  judges 
and  secretary  of  the  Indiana  territory,  out  of  any  money  in  the  treasury, 
not  otherwise  appropriated,  the  sum  of  three  hundred  dollars  each,  as  a 
compensation  for  the  extra  services  by  them  performed,  in  obedience  to 
the  act,  intituled  "An  act  erecting  Louisiana  into  two  territories,  and 
providing  for  the  temporary  government  thereof." 

Approved,  March  3, 1^7. 


NINTH  CONGRESS.    Sbm.  II.  Ch.  46.    1807. 


445 


Chap.  XLVI.— s^  Jkt  to  prevent  $tUlemenU  beifig  made  on  land»  ceded  to  ike 


United  Stateij  until  authofi. 


\xeaby 


law. 


Be  ii  enacted  by  ike  Senate  and  House  of  RepreseniaHves  of  the  United 
States  of  America  in  Congress  assembled^  That  if  any  person  or  persons 
shaU,  after  the  passing  of  this  act,  take  possession  of,  or  make  a  settle- 
ment on  any  lands  ceded  or  secured  to  the  United  States,  by  any  treaty 
made  with  a  foreign  nation,  or  by  a  cession  from  any  state  to  the  United 
Stales,  which  lands  shall  not  have  been  previously  sold,  ceded,  or  leased 
by  the  United  States,  or  the  claim  to  which  lands,  by  such  person  or 
persons,  shall  not  have  been  previously  recognized  and  confirmed  by  the 
United  States :  or  if  any  person  or  persons  shall  cause  such  lands  to  be 
thus  occupied,  taken  possession  of,  or  settled :  or  shall  survey,  or  attempt 
to  survey,  or  cause  to  be  surveyed,  any  such  lands;  or  designate  any 
boundaries  thereon,  by  marking  trees,  or  otherwise,  until  thereto  duly 
authorized  by  law;  such  offender  or  offenders,  shall  forfeit  all  his  or 
their  right,  title,  and  claim,  if  any  he  hath,  or  they  have,  of  whatsoever 
nature  or  kind  the  same  shall  or  may  be,  to  the  lands  aforesaid,  which 
he  or  they  shall  have  taken  possession  of,  or  settled,  or  cause  to  be  occu- 
pied, taken  possession  of,  or  settled,  or  which  he  or  they  shall  have  sur- 
veyed, or  attempt  to  survey,  or  cause  to  be  surveyed,  or  the  boundaries 
thereof  he  or  they  shall  have  designated,  or  cause  to  be  designated,  by 
marking  trees  or  otherwise.  And  it  shall  moreover  be  lawful  for  the 
President  of  the  United  States,'  to  direct  the  marshal,  or  officer  acting 
as  marshal,  in  the  manner  herein  after  directed,  and  also  to  take  such 
other  measures,  and  to  employ  such  military  force  as  he  may  judge 
necessary  and  proper,  to  remove  from  lands  ceded,  or  secured  to  the 
United  States,  by  treaty,  or  cession  as  aforesaid,  any  person  or  persons 
who  shall  hereafter  take  possession  of  the  same,  or  make,  or  attempt  to 
make  a  settlement  thereon,  until  thereunto  authorized  by  law.  And 
every  right,  title,  or  claim,  forfeited  under  this  act,  shall  be  taken  and 
deemed  to  be  vested  in  the  United  States,  without  any  other  or  further 
proceedings:  Provided^  that  nothing  herein  contained,  shall  be  construed 
to  affect  the  right,  title,  or  claim,  of  any  person  to  lands  in  the  territories 
of  Orleans  or  Louisiana,  before  the  boards  of  commissioners  established 
by  the  act,  intituled  "An  act  for  ascertaining  and  adjusting  the  titles 
and  claims  to  land  within  the  territory  of  Orleans  and  the  district  of 
Louisiana,"  shall  have  made  their  reports  and  the  decision  of  Congress 
been  had  thereon. 

Sec.  2.  And  be  it  farther  enacted,  That  any  person  or  persons  who, 
before  the  passing  of  this  act,  had  taken  possession  of,  occupied,  or  made 
a  settlement  on  any  lands  ceded  or  secured  to  the  United  States,  by  any 
treaty  made  with  a  foreign  nation,  or  by  a  cession  from  any  state  to  the 
United  States,  which  lands  bad  not  been  previously  sold,  c&^ted  or  leased 
by  the  United  States,  or  the  claim  to  which  lands  had  not  been  previously 
recognized  and  confirmed  by  the  United  States;  and  who  at  the  time 
of  passing  this  act  does  or  do  actually  inhabit  and  reside  on  such  lands, 
may  at  any  time  prior  to  the  first  day  of  January  next,  apply  to  the  pro- 
per register  or  recorder,  as  the  case  may  be,  of  the  land-office  established 
for  the  disposal,  registering,  or  recording  of  such  lands,  or  to  such  per- 
son or  persons  as  may  by  such  re^^isters  or  recorders  respectively,  be 
^pointed  for  the  purpose  of  receiving  such  applications,  stating  the 
tract  or  tracts  of  land  thus  occupied,  settled,  and  inhabited  by  such 
applicant  or  applicants,  and  requesting  permission  to  continue  thereon ; 
and  it  shall  thereupon  be  lawful  for  such  register  or  recorder  respectively 
to  permit,  in  conformity  with  such  instructions  as  may  be  given  by  the 
Secretary  of  the  Treasury,  with  the  approbation  of  the  President  of  the 
United  States,  for  that  purpose,  such  ^plicant  or  applicants  to  remain 
on  such  tract  or  tracts  of  land  not  exceeding  three  hundred  and  twenty 


StatutbII. 
March  8,  1807. 

Lands  of  the 
U.Stotefl,b7 
whatsoever  title 
acquired,  not  to 
be  occupied, 
poaeeasedor 
aettled,  but  with 
the   conaent  of 
the  U.  Statea. 
Titlea  of  intm- 
dera  forfeited. 


President  ao- 
thorised  to  hate 
them   remoTcd. 

The  mode  of 
doing  thia. 


Forfeiturea  to 
enure  to  the  be- 
nefit of  the  U. 
Sutes. 

Saving  of  , 
claims  before 
board  of  com- 
missioners  un- 
der the  act  of 
Match  3,  1806, 
ch.28. 

Actual  aet- 
tlera  may  hold 
under  the  U. 
Statea  as  tenanta 
at   will,    under 
bargains  with 
Uie  officers  of 
the  land-offices. 


Conditiona 
preacribed. 


446 


NINTH  (X)NGRESS.    Sess.  II.  Ch.  47.     1807. 


1808,  ch.  10. 


ProTiio. 


Applicationi 
to  be  entered  on 
booki. 


Marshals,  &c. 
anthorized,  un. 
der  instnictiona 
from  the  Presi- 
dent, to  oust  in- 
truders. 


Penalties  for 
keeping  posses- 
sion after  notice 
to  give  it  up. 


Proviso. 


acres  for  each  applicant,  as  tenants  at  will,  on  such  terms  and  conditions 
as  shal]  prevent  any  waste  or  damages  on  such  lands,  and  on  the  express 
condition  that  such  applicant  or  applicants  shall,  whenever  such  tract  or 
tracts  of  land  may  be  sold,  or  ceded  by  the  United  States,  or  whenever 
for  any  other  cause,  he  or  they  may  be  required  under  the  authority  of 
the  United  States,  so  to  do,  give  quiet  possession  of  such  tract  or  tracts 
of  land,  to  the  purchaser  or  purchasers,  or  remove  altogether  from  the 
land,  as  the  case  may  be:  Provided  however^  that  such  permission  shall 
not  be  granted  to  any  such  applicant,  unless  he  shall  previously  sign  a 
declaration  stating  that  he  does  not  lay  any  claim  to  such  tract  or  tracts 
of  land,  and  that  he  does  not  occupy  the  same,  by  virtue  of  any  claim 
or  pretended  claim  derived,  or  pretended  to  be  derived  from  any  other 
person  or  persons:  And  provided  also,  that  in  all  cases  where  the  tract 
of  land  applied  for,  includes  either  a  lead  mine  or  salt  spring,  no  permis- 
sion to  work  the  same  shall  be  granted  without  the  approbation  of  the 
President  of  the  United  States,  who  is  hereby  authorized  to  cause  such 
mines  or  springs  to  be  leased  for  a  term  not  exceeding  three  years,  and 
on  such  conditions  as  he  shall  think  proper. 

Sec.  3.  And  be  it  further  enacted.  That  all  the  applications  made, 
and  provisions  granted  by  virtue  of  the  last  [preceding]  section,  shall  be 
duly  entered  on  books  to  be  kept  for  that  purpose,  by  the  registers  and 
recorders  aforesaid  respectively ;  and  they  shall  be  entitled  to  receive  from 
the  party  for  each  application,  fifly  cents,  and  for  each  permission,  one 
dollar. 

Sec.  4.  And  be  it  further  enacted,  That  it  shall  be  lawful  after  the 
first  day  of  January  next,  for  the  proper  marshal,  or  officer  acting  as 
marshal,  under  such  instructions  as  may  for  that  purpose  be  given  by  the 
President  of  the  United  States,  to  remove  from  the  lands  aforesaid,  any 
and  every  person  or  persons,  who  shall  be  found  on  the  same,  and  who 
shall  not  have  obtained  permission  to  remain  thereon  as  aforesaid :  Pro- 
vidcd,  that  three  months' previous  notice  shall  be  given  to  all  such  person 
or  persons,  as  aforesaid,  who  were  settled  on  such  lands  prior  to  the  pass- 
ing of  this  act.  And  every  such  person,  who  shall  at  any  time  after  the 
expiration  of  three  months  after  such  notice  shall  have  been  given,  be 
found  on  any  part  of  the  lands  aforesaid,  shall  moreover  incur  a  penalty 
of  one  hundred  dollars,  to  be  recovered  in  any  court  having  jurisdiction 
of  the  same,  and  be  moreover  liable,  on  conviction,  to  imprisonment,  at 
the  discretion  of  the  court,  not  exceeding  six  months;  and  the  certificate 
of  the  proper  register,  or  recorder,  shall  be  a  sufficient  evidence  that  the 
tract  of  land  which  was  occupied  by  the  offender  had  not  been  previously 
sold,  leased,  or  ceded  by  the  United  States,  that  the  claim  to  such  tract 
had  not  been  recognized  and  confirmed  by  the  United  States,  and  that 
the  person  occupying  the  same,  and  removed,  or  to  be  removed,  by  the 
marshal,  had  not  obtained  permission  to  remain  thereon  in  conformity 
with  the  provisions  of  this  act :  Provided  always,  and  it  is  further 
enacted,  that  nothing  in  this  section  contained  shall  be  construed  to  apply 
to  any  persons  claiming  lands  in  the  territories  of  Orleans  or  Louisiana, 
whose  claim  shall  have  been  filed  with  the  proper  commissioners  before 
the  first  day  of  January  next. 

Approved,  March  3,  1807. 


Statute  II. 
March  3,  1807. 

Decisions  of 
commissioners, 
transmitted  to 
Secretary  of  the 
Treasury,  con- 
firmed. 


Chap.  XL VII.— gin  Ad  confirming  clainu  to  land  in  the  district  of  Vincennts; 
and  for  other  purposes. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  all  the  decisions  made  by 
the  commissioners  appointed  for  the  purpose  of  examining  the  claims  of 
persons  claiming  lands  in  the  district  of  Vincennes,  in  favour  of  such 
claimants  as  entered  in  the  transcripts  of  decisions  which  have  been 


NINTH  CONGRESS.    Sess.  H.  Ch.  47.    1807. 


447 


transmitted  by  the  said  commissioners  to  the  Secretary  of  the  Treasury, 
according  to  law,  be  and  the  same  are  hereby  confirmed. 

Sec.  2.  And  be  it  further  enacted.  That  the  confirmations  or  grants 
of  land,  made  in  the  said  district  of  Vincennes,  by  the  governors  of  the 
Northwest  and  Indiana  territories,  prior  to  the  establishment  of  the 
board  of  commissioners  aforesaid,  and  in  conformity  with  the  act,  inti- 
tuled "  An  act  for  granting  lands  to  the  inhabitants  and  settlers  at  Vin- 
cennes  and  the  Illinois  country,  in  the  territory  northwest  of  the  Ohio, 
and  for  confirming  them  in  their  possessions,"  be,  and  the  same  are 
hereby  confirmed ;  unless  when  actually  rejected  by  the  said  commission- 
ers ;  although  the  persons  entitled  to  the  land  may  not  have  given  notice 
of  their  claim,  as  required  by  the  several  acts  making  provision  for  the 
disposal  of  the  public  lands  in  the  Indiana  territory :  Provided  however ^ 
that  no  other  claims  shall  be  confirmed  by  virtue  of  this  section,  than 
such  as, having  been  entered  on  the  territorial  records,  have,  by  the  com- 
missioners aforesaid,  been  inserted  in  their  reports  transmitted  as  afore- 
said. 

Sec.  3.  And  he  it  further  enacted^  That  the  several  persons,  or  the 
legal  representatives  of  the  several  persons,  to  whom  or  to  whose  assigns 
the  several  tracts  of  the  tract  of  land  near  Vincennes,  known  by  the 
name  of  the  "  Upper  Prairie,''  have  been  heretofore  confirmed,  be  and 
they  are  hereby  respectively  confirmed  in  their  claims  to  the  respective 
tracts  also  claimed  by  them,  and  in  their  actual  possession,  lying  in  that 
tract  of  land  containing  two  hundred  and  forty-four  acres,  which  is 
known  by  the  name  of  "Continuation,"  and  is  situated  between  the 
boundaries  of  the  tracts  already  confirmed,  and  the  river  Wabash. 

Sec.  4.  And  be  it  further  enacted,  That  the  several  persons  whose 
claims  are  confirmed  by  this  act,  and  had  not  been  actually  located  prior 
to  the  establishment  of  the  board  of  commissioners,  be,  and  they  are 
hereby  authorized  to  enter  their  locations  with  the  register  of  the  land- 
office  of  Vincennes,  on  any  part  of  the  tracts  set  aside  for  that  purpose, 
by  virtue  of  the  act,  intituled  "  An  act  respecting  the  claims  to  lands  in 
the  Indiana  territory,  and  state  of  Ohio,"  and  in  conformity  with  the 
provisions  of  that  act :  Provided,  that  such  location  shall  be  made  prior 
to  the  first  day  of  July,  one  thousand  eight  hundred  and  eight ;  and  the 
right  of  any  person  who  shall  neglect  to  locate  prior  to  that  day,  shall 
become  void,  and  forever  be  barred. 

Sec.  5.  And  be  it  further  enacted,  That  every  person,  or  the  legal 
representative  of  every  person  whose  claim  to  a  tract  of  land  is  confirmed 
by  this  act,  and  who  had  not  previously  obtained  a  patent  for  the  same, 
from  the  governor  either  of  the  territory  northwest  of  the  Ohio,  or  of  the 
Indiana  territory,  shall  whenever  his  claim  shall  have  been  located  and 
surveyed,  be  entitled  to  receive  from  the  register  of  the  land-office,  at 
Vincennes,  a  certificate  stating,  that  the  claimant  is  entitled  to  receive  a 
patent  for  such  tract  of  land  by  virtue  of  this  act ;  for  which  certificate 
the  register  shall  receive  one  dollar ;  and  which  certificate  shall  entitle 
the  party  to  a  patent  for  the  said  tract,  which  shall  issue  in  like  manner 
as  is  provided  by  law  for  the  other  lands  of  the  United  States. 

Sec.  6.  And  be  it  further  enacted,  That  the  register  and  receiver  of 
public  monies  in  the  district  of  Kaskaskias,  be  allowed  till  the  first  day 
of  December  next,  to  complete  the  investigation  of  claims  to  land  in  the 
said  district.  And  each  of  the  said  officers,  and  the  clerk  of  the  board, 
shall  be  allowed  an  additional  compensation  of  five  hundred  dollars,  in 
full  for  his  service  in  relation  to  such  claims. 

Sec.  7.  And  be  it  further  enacted.  That  the  public  sales  of  the  public 
lands  in  the  district  of  Vincennes,  may  be  continued  six  weeks,  if  the 
term  of  three  weeks  now  prescribed  by  law,  shall  not  be  found  sufficient 
to  offer  all  the  lands  within  the  said  district  for  sale. 

Sec.  8.  And  be  it  fitrther  enacted,  That  persons  entitled  to  a  right 


ConfirmatioDi 
of  the  governor 
of  the  N.  Weit 
and  Indiana  ter- 
ritorief,  con- 
firmed  by  Con* 
greiB — condi- 
tionally. 

1791,  ch.  27. 


Proviao. 


Aiinrance  of 
certain  titles  in 
the  tract  called 
<*Continua- 
tion.*> 


Claims  con- 
firmed under 
this  act  to  be 
entered  with  the 
register  of  the 
land.office  of 
Vincennes. 


Proviso. 
Act  of  April 
Sl,1806,ch.40. 


Persons  whose 
claims  are  con- 
firmed nnder 
this  act,  entitled 
to  patents,  &c. 
if  they  shall  not 
previously  have 
received  them. 


Register  and 
receiver    of 
Kaskaskias    al- 
lowed a  farther 
time. 

Additional 
compensation 
to  them. 

Public  sales 
in  Vincennes, 
how  long  to  be 
kept  open. 

IS04,  ch.  35. 


448 


NINTH  CONGRESS.    Sbbs.  U.  Ca.  49.    1807. 


of  pre-emption  to  lands  in  the  Mississippi  territory,  shall  be  allowed  till 
the  first  day  of  January  next,  to  make  the  first  payment  of  the  purchase 
money  of  such  lands. 
Approted,  March  3, 1807. 


Land  of  tha 
V,  SutM  to  be 
dispoaed  of. 


Officos  tttMb- 
lidMd. 


Pra-emption 
righu  in  BiiMif 
•ippi-^me   for 
Mtufying  them. 

Statute  II.  — 

Bfarch  3,  1807.    Chap.  XLIX.— ^n  Jci  makifig  provmonfor  ike  duootaltf  the  pubUe  landt^ 

' tUuaied  bdween  the  United  Siatte  military  tract  and  the  Onmeetieut  reurve^  and 

for  other  purptmee. 

Be  U  enacted  by  the  Senate  and  House  of  Rqareseniatives  of  the  United 
States  of  America  in  Congress  assembled^  lliat  for  the  disposal  of  the 
lands  of  the  United  States,  situated  between  the  United  States  military 
tract  and  the  Connecticut  reserre,  a  land-office  shall  be  established,  which 
shall  be  kept  at  such  place  as  the  President  of  the  United  States  ihay 
direct :  and  that  for  the  disposal  of  the  lands  of  the  United  States,  lying 
on  the  Ohio  river,  between  the  Cincinnati  and  Vincennes  districts,  a 
land-office  shall  be  established  at  Jefiersonville :  and  for  each  of  the  said 
offices  a  register  and  receiver  of  public  monies  shall  be  appointed,  who 
shall  give  security  in  the  same  manner,  in  the  same  sums,  and  whose 
compensation,  emoluments,  duties  and  authority,  shall,  in  every  respect, 
be  the  same,  in  relation  to  the  lands  which  shal]  be  disposed  of  at  their 
offices,  as  are  or  may  be  provided  by  law,  in  relation  to  the  registers  and 
receivers  of  public  monies  in  the  several  offices  established  for  the  dis- 
posal of  the  lands  of  the  United  States,  north  of  the  viver  Ohio,  and 
above  the  mouth  of  Kentucky  river. 

Sec.  2.  And  be  it  further  enacted,  That  all  the  lands  of  the  United 
States,  in  the  said  districts,  shall,  with  the  exception  of  the  section  num- 
ber sixteen,  and  with  the  exception  also  of  thirteen  sections,  including 
the  lower  town  of  the  Delaware  tribe  of  Indians,  and  their  improvements, 
which  said  thirteen  sections  shall  be  designated  by  the  Secretary  of  the 
TVeasury,  and  shall  be  reserved  for  the  use  of  the  said  tribe  and  their  de» 
scendants,  so  long  as  they  continue  to  reside  thereon,  and  cultivate  the 
same,  be  offered  for  sale  to  the  highest  bidder,  under  the  direction  of  the 
register  of  the  land-office,  and  of  the  receiver  of  public  monies,  at  the 
places,  respectively,  where  the  land-offices  are  kept,  and  on  such  day  or 
days  as  shall,  by  proclamation  of  the  President  of  the  United  States,  be 
designated  for  that  purpose :  the  sales  shall  remain  open  at  each  |Jace 
for  six  weeks,  and  no  longer :  the  lands  shall  not  be  sold  for  less  than 
two  dollars  an  acre,  and  shall  in  every  other  respect,  be  sold  in  tracts  of 
the  same  size,  and  on  the  same  terms  and  conditions,  as  have  been,  or 
may  be  by  law  provided  for  lands  sold  north  of  the  river  Ohio,  and  above 
the  mouth  of  the  Kentucky  river.  All  the  lands  of  the  United  Sutes, 
in  the  said  districts,  with  the  exceptions  above  mentioned,  remaining 
unsold  at  the  close  of  the  public  siales,  may  be  disposed  of  at  private 
sale,  by  the  register  of  the  respective  land-offices,  in  the  same  manner, 
under  the  same  regulations,  for  the  same  price,  and  on  the  same  terms 
and  conditions,  as  are  or  may  be  provided  by  law  for  the  sale  of  the 
lands  of  the  United  States  north  of  thQ  river  Ohio,  and  above  the  mouth 
of  the  Kentucky  river.  And  patents  shall  be  obtained  for  all  lands  sold 
in  said  districts,  in  the  same  manner  and  on  the  same  terms  as  are  pro- 
vided by  law,  for  other  public  lands  sold  in  the  state  of  Ohio  and  the 
Indiana  territory. 

Sec.  3.  And  be  it  further  enacted,  That  the  several  superintendents 
of  public  sales,  directed  by  this  act,  shall  receive  six  dollars  a  day  for 
each  day's  attendance  on  the  said  sales. 

Sec.  4.  And  be  it  further  enacted,  That  the  President  of  the  United 
States,  in  the  recess  of  Congress,  shall  have  fiill  power  to  appoint  and 
commission  the  registers  and  receivers  of  public  monies  of  the  land^ 
offices  established  by  this  act,  and  their  commissions  shall  continue  in 


When  to  be 
■old. 


Reflemtione, 
he. 

Act  of  Feb. 
S9,1808,cli.86. 


The  nlet  to 
remain  open  for 
■tz  weekfl. 


1800,  ch.  66. 


Landfl  not  to 
be  sold  for  lets 
than  two  doUan 
per  acre. 


1S09,  ch.  66. 


CompenMtion 
of  superintend - 
ents  of  sales. 

Registers  and 
receivers  nay 
be  appointed  in 
the  recess  of  the 
Senate. 


NINTH  CONGRESS.    Sbss.  II.  Ruolution.    1807. 


449 


force  until  the  end  of  the  session  of  Congress  next  ensuing  such  ap- 
pointment 

Sec.  6.  And  be  it  Jurther  enacted,  That  the  several  lead  mines  in  the 
Indiana  territory,  together  with  as  many  sections  contiguous  to  each  as 
shall  be  deemed  necessary  by  the  President  of  the  United  States,  shall 
be  reserved  for  the  future  disposal  of  the  United  States;  and  any  grant 
which  may  hereafter  be  made  for  a  tract  of  land  containing  a  lead  mine, 
which  had  been  discovered  previous  to  the  purchase  of  such  tract  from 
the  United  States,  ^hall  be  considered  fraudulent  and  null :  and  the 
President  of  the  United  States  shall  be,  and  is  hereby  authorized  to  lease 
any  lead  mine  which  has  been  or  may  hereafter  be  discovered  in  the 
Indiana  territory,  for  a  term  not  exceeding  five  years. 

Sec.  6.  And  be  it  further  enacted,  That  Qeorge  Ash  shall  have  the 
right  of  pre-emption  to  six  hundred  and  forty  acres  of  land  includins  his 
improvement  on  the  river  Ohio,  below  the  former  Indian  boundary  une; 
the  boundaries  of  the  tract  shall  be  designated  by  the  register  of  the 
land-office,  and  the  said  land  shall  be  granted  to  him  at  the  same  price, 
and  on  payment  being  made  in  the  same  manner  as  for  other  public  land 
sold  at  private  sale,  the  respective  instalments  of  the  purchase  money 
shall  become  due  at  the  same  time  with  the  payments  on  the  first  public 
lands  sdd  in  that  district. 

Approved,  March  3, 1807. 


Lead  mioM  to 
be  reterred  for 
the  future  dis- 
ponl  of  Con- 
groM,  &c. 


President  au- 
thoriied  to  leaae 
leadi 


George  Aah  to 
have  the  right 
of  pre-emption. 


RtsoLunoif  U>  puhUdk  theEq^t  and  Chart  cf  the  Survey  of  the  toad  tf  North   March  2,  1807. 

Carolina, 

Resolved,  by  the  Senate  and  House  of  Representatives  of  the  United  ^^^  ^^  ^ 

States  of  America  in  Congress  assembled.  That  the  Secretary  of  the  JSait^ of**  North 

Treasury  be,  and  he  hereby  is  authorized  and  directed,  to  cause  to  be  Carolina  to  be 

published  the  repdrt  and  chart  of  a  survey  of  the  coast  of  North  pn^lithed. 
Carolina,  made  by  Thomas  Coles  and  Jonathan  Price,  under  the  act  of 
Congress  passed  at  the  last  session  for  that  purpose. 

Approved,  March  2,  1807. 


Vou  n.— 67 


2p2 


ACTS  OF  THE  TENTH  CONGRESS 


UNITED  STATES, 

Passed  at  the  Jirst  session,  which  was  begun  and  held  at  the  City 
of  Washington,  in  the  District  of  Columbia,  on  Monday,  the  twenty- 
sixth  day  of  October,  1807,  and  ended  on  the  twenty^Jifth  day  of 
April,  1808. 

Thomas  Jefferson,  President;  George  Clinton,  Vice  President  of 
the  United  States  and  President  of  the  Senate;  Samuel  Smith,  Pre- 
sident of  the  Senate  pro  tempore,  from  the  18th  of  April,  1806;  J.  B. 
Yarnum,  Speaker  of  the  House  of  Representatives. 


Not.  S4, 1807. 


[ObMleto.] 

Spocific  ap- 
propriatiou. 


Statvtb  I. 
Dee.  6, 1807. 

[ObMlete.] 

Additional 
rompenntion 
allowed. 


STATUTE  I. 

Chaptsr  I.— ^n  Jlet  making  fwrthtr  appropriaiions  for  the  tunport  efihe  Naoy 
cf  the  United  States,  during  the  year  one  thousand  eight  hundred  and  seven. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  lliat  for  defraying  the  ex- 
penses of  the  navy  of  the  United  States,  during  the  year  one  thousand 
eight  hundred  and  seven,  the  following  sums,  m  addition  to  the  sums 
heretofore  appropriated  for  that  object,  be,  and  the  same  are  hereby 
respectively  appropriated ;  that  is  to  say : 

For  the  pay  and  subsistence  of  the  officers,  and  pay  of  the  seamen, 
seventy-four  thousand  seven  hundred  and  fifty-four  dollars  and  twenty- 
nine  cents. 

For  provisions,  thirty-one  thousand  four  hundred  and  sixty-eight  dol- 
lars and  fifteen  cents. 

For  repairs  of  vessels,  one  hundred  and  forty-two  thousand  eight  hun- 
dred and  eighty-four  dollars  and  sixty-one  cents. 

For  pay  and  subsistence  of  the  marine  corps,  eighteen  thousand  five 
hundred  dollars. 

For  clothing  for  the  same,  ten  thousand  one  hundred  and  thirty-nine 
ddlars  and  forty-two  cents. 

For  medicines  and  hospital  stores,  one  thousand  two  hundred  and 
sixty-three  dollars  and  forty  cents. 

For  ordnance  and  military  stores,  three  hundred  and  ten  thousand  five 
hundred  and  fifty-four  dollars  and  sixty  cents. 

For  timber  for  the  navy,  eighty-sevjn  thousand  five  hundred  dollars. 

Sec.  2.  And  be  it  further  enacted.  That  the  several  sums  herein  spe- 
cifically appropriated,  shall  be  paid  out  of  any  monies  in  the  treasury,  not 
otherwise  appropriated. 

Approtxd,  November  24,  1807. 


Chap.  II.-^n  Act  allowing  an  additional  eompentaiion  to  the  Secretaries  ef  the 
Mitsisnppi,  Indiana,  Louisiana  and  Michigan  Territories, 

Be  it  enacted  by  the  Senate  and  House  of  RepresmtaJtioes  of  the  United 
States  of  America  in  Congress  assemble.  That  each  of  the  secretaries 
of  the  Mississippi,  Indiana,  Louisiana  and  Michigan  territories,  appointed 


TENTH  CONGRESS.    Sess.  I.  Ch.  3, 4, 5.    1807. 


451 


uder  the  aathority  of  the  United  States^  be  entitled  to  the  annual  som 
of  one  thousand  dollars,  in  lieu  of  his  present  compensation,  to  com- 
mence on  the  first  day  of  January  next. 
Approved,  December  5, 1807. 


Chap.  IIL— %^n  Jki  to  change  the  name  cf  the  diatriei  of  Btdirford  and  Pepperel-' 
borough^  in  MaaaaekuaeUe^  to  thai  ^  Saeo* 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  district,  at  present 
called  the  district  of  Biddeford  and  Pepperelborough,  in  Massachusetts, 
shall  in  future  be  called  the  district  of  Saco,  and  that  the  collector  of  the 
said  district,  be  permitted  to  reside  in  Saco  or  Biddeford,  and  that  all 
the  provisions  of  the  several  acts  of  Congress,  that  relate  to  the  district 
of  Biddeford  and  Pepperelborough,  shall  be,  and  the  same  are  hereby 
continued  in  full  force,  with  respect  to  the  district  of  Saco. 

Approved,  December  15,  1807. 


Statute  I. 

Dec.  16, 1807. 

Act  of  March 
2, 1799,  ch.  22, 
■ec.  2. 

Name  of  Saco 
sabatituted  for 
Uiat  of  Bidde- 
ford,  Ice.  Skc. 

CoUector  to 
reaide  at  Saco. ' 


Statute  I. 


Cbap.  rV. — An  Ad  to  appropriate  money  for  the  providing  tf  an  additional    Dec.  18^  1807, 
numher  if  Gun  Boata. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  President  of  the 
United  States  be,  and  he  hereby  is  authorized  and  empowered  to  cause 
to  be  built,  or  purchased,  armed  and  equipped,  a  number  not  exceeding 
one  hundred  and  eiffhty-eiffht  gun  boats,  for  the  better  protection  of  the 
ports  and  Harbors  of  the  United  States,  and  for  such  other  purposes  as 
in  his  opinion  the  public  service  may  require. 

Sec.  2.  And  be  it  Jurther  enacted,  That  a  sum  not  exceeding  eight 
hundred  and  fifty-two  thousand  five  hundred  dollars,  be,  and  hereby  is 
appropriated,  for  this  purpose,  out  of  any  monies  in  the  treasury  not 
otherwise  appropriated. 

Approved,  December,  18,  1807. 


[Obsolete.] 
A  number  of 
ffun  boats  to  be 
Doilt,  equipped, 
ace.  kc.  at  the 
discretion  of  the 
President. 


Specific    ap- 
propriation. 


Crap.  V.— ^n  Act  laying  an  Embargo  on  all  ahipa  and  veaaela  in  the  porta  and 
harbors  (f  the  United  Statea,(a) 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  an  embargo  be,  and 


Statute  I. 
Dec.  22, 1807. 

[Repealed.] 
Act  of  Jan.  9, 
1808,  ch.  8. 


(a)  Cases  decided  upon  the  embargo  acts  of  December  22,  1807,  chap.  6 :  January  9,  1808,  chap.  8 : 
March  12,  1808,  chap.  33:  April  25,  1808,  chap.  66:   and  January  9,  1809,  chap.  6: — 

Where  a  Teasel  had  been  driven  by  stress  of  weather  into  a  port,  in  the  West  Indies,  while  proceeding 
to  PorUand  in  Maine,  and  there  detained  by  the  government  of  the  place,  diis  was  such  a  casualty  as 
came  within  the  exception  of  "  dangers  of  the  seat,"  in  the  condition  of  an  embargo  bond,  dated  29th 
December,  1807,  taken  in  pursuance  of  the  act  of  Congress  of  December  22, 1807.  united  States  v.  Hall 
and  Worth,  6  Cranch,  176 ;  2  Cond.  Rep.  340. 

Subsequent  to  the  execution  of  this  bond,  on  the  9th  of  January,  1808,  Conmsa  passed  a  supplement 
to  the  embarg:o  law,  by  which  other  and  additional  penalties  were  imposed,  and  the  circumstances  under 
which  the  obligor  in  any  embargo  bond  gHren  under  the  act  of  22d  December,  1807,  could  obtain  relief, 
were  changed.  The  court  said  they  would  never  consider  the  latter  act  as  applying  to  previous  facts, 
unless  such  construction  should  be  unavoidable.    Ibid. 

In  an  action  of  debt  for  the  penalty  of  an  embargo  bond,  it  ia  a  good  plea  under  the  act  of  Congreaa  of 
12lh  March,  1808,  aec.  3,  that  the  party  was  prevented  relanding  the  goods  in  the  United  Statea  by  un- 
avoidable accidents.    Durousseau  v.  The  United  Sutea,  6  Cranch,  307;  2  Cond.  Rep.  380. 

It  waa  no  offence  under  the  embargo  laws,  to  take  goods  out  of  one  vessel  and  put  them  in  another  in 
the  port  of  Baltimore  |  unless  it  waa  with  an  intention  to  export  them.    6  Cranch,  327. 

Tne  evidence  of  the  necessity  which  will  excuse  a  violation  of  the  embargo  laws,  must  be  clear  and 
certain.    Brig  James  Wells  v.  The  United  Sutes,  7  Cranch,  22 ;  2  Cond.  Rep.  402. 

The  departure  of  a  yeasel  from  a  wharf  in  a  port,  and  proceeding  a  mile  and  an  half  therefrom,  with 
the  intention  of  proceeding  to  sea,  is  not  a  departure  from  the  port  within  the  meaning  of  the  supple- 
mentary embargo  act  of  January  9,  1808,  if  the  vessel  had  not  actually  gone  out  of  the  port  before 
seiiure.    Sloop  Active  v.  The  United  Sutes,  7  Cranch,  100;  2  Cond.  Rep.  431. 

A  yeasel  which  has  proceeded  to  a  foreign  port,  contrary  to  the  embargo  act  of  January  8,  1808,  is 


453  TENTH  CONGRESS.    Sm.  I.  Ck.  fi.    1807. 

is^ims^^ss'  ^^^^3^  ^  ^^  ^"  '^^  "^^P"  ^"^  vesBete  in  the  ports  and  places  within  ihB 

Act  of  April  ^'"^^  ^  jurisdiction  of  the  United  States,  cleared  or  not  cleared,  bound 

86, 1808, ch. 66.  to  any  foreign  port  or  place;  and  that  no  clearance  be  furnished  to  aaf 

1  tSo9*^  h^*S**  **^'P  ^^  yeaael  bound  to  such  foreign  port  or  place,  except  vesseb  under 

'£mba4o  lud  ^^^  immediate  direction  of  the  President  of  the  United  Sutes :  and  that 

upon  shipping  in  the  President  be  authorized  to  give  such  instructions  to  the  officers  of 

^'^Cleinlnces'to  ^  '©▼cnu©,  Md  of  the  navy  and  revenue  cutters  of  the  United  Stales, 

begi^^onone  *?  ^^^*  appear  best  adapted  for  carrying  the  same  into  full  eflfect :  JPra- 

but  TeMelt  un-  vided,  that  nothing  herein  contained  shall  be  construed  to  prevent  the 

tion  of*Uie  Pte'  ^^P*"^^"'®  °^  ^^Y  fo'^iffn  ship  or  vessel,  either  in  ballast,  or  with  the 

sidenL     ^   '^'  go<xlB,  wares  and  merchandise  on  board  of  such  foreign  ship  or  vessel. 

Foreign  tm-  when  notified  of  this  act 

liable  to  be  Mtsed  on  hor  retain,  although  that  act  giTea  a  penalty  of  doable  her  value,  in  case  aheahonld 
not  be  seised.    United  States  v.  The  bng  Elisa,  7  Cranch,  1 13 ;  8  Cond.  Rep.  437. 

A  merchant  Teasel  captured  as  prise,  condemned  and  sold,  and  aAerwards  purchased  by  her  former 
master,  a  citisen  of  the  United  Sutes,  who  obtained  a  Danish  burgher's  brief,  and  who  cleared  out  of  a 


cargo,  afler  her  arrival  at  her  port  of  destination,  under  a  suspicion  that  she  intended  to  violate  the  em^ 
bargo,  and  such  suspicions  could  not  be  justified  by  instructions  firora  the  SecreUrv  of  the  Treasury  nor 
the  confirmation  of  the  President.    Otis  v.  Bacon,  7  Cranch,  589 ;  2  Cond.  Rep.  618. 

Under  the  11th  section  of  the  embargo  act  of  April  25,  1808,  the  collector  was  justified  in  detaining  a 
vessel  bv  his  honest  opinion  that  there  was  an  intention  to  violate  or  evade  the  provisions  of  the  embaigo 
laws,  ft  was  not  necessary  for  him  to  show  that  his  suspicions  were  reasonable.  Crowell  et  al. «. 
M'Faddon,  8  Cranch,  94 ;  3  Cond.  Rep.  48. 

A  bond  taken  under  the  first  section  of  the  embeivo  act  of  January  9»  1808,  is  not  void,  although  taken 
by  consent  of  the  parties,  after  the  vessel  had  sailed.  Speake  et  al.  v.  The  United  Sutes,  9  Cranch,  88 ; 
3  Cond.  Rep.  244. 

The  obligors  are  estopped  to  deny  that  the  penalty  of  the  bond  is  doable  the  true  value  of  the  caigo. 

Under  the  third  section  of  the  embsrgo  act  of  April  25,  1806,  a  vessel  is  not  subject  to  forfeiture,  for 
departing  without  a  clearance,  unless  she  has  departed  out  of  port.  The  Active  v.  The  United  States,  7 
Cranch,  100 ;  2  Cond.  Rep.  431. 

It  seems  to  be  a  good  defence  to  an  action  on  an  embargo  bond,  that  the  same  was  given  lor  more  than 
twice  the  value  of  the  cargo,  and  that  the  obligors  were  constrained  to  execute  it  by  the  refusal  of  a 
clearance.    United  States  «.  Gordon  et  al.,  7  Cranch,  287 ;  2  Cond.  Rep.  494. 

If  the  collector  justify  a  detention  under  the  embargo  law  of  April  26, 1808,  sec.  11,  he  need  not  show 
that  hia  opinion  was  correct,  nor  that  he  used  reasonable  diligence  in  ascertaining  the  facta  on  which  his 
opinion  was  founded.  Otis  v.  Watkins,  9  Cranch,  339;  3  Cond.  Rep.  424.  See  Slocum  v.  Mayberry,  2 
Wheat.  1 ;  4  Cond.  Rep.  1 ;  Otis  v.  Walter,  2  Wheat.  18;  4  Cond.  Rep.  10. 

Under  the  embargo  act  of  December  22,  1807,  the  words,  **  an  embargo  shall  lie  laid,**  not  only  im- 
posed upon  the  public  officers  the  duty  of  preventing  the  departure  of  registered  or  sea-lettered  vessels 
on  a  foreign  voyage,  but  consequently  rendered  them  liable  to  forfeiture  under  the  supplementary  act  of 
January  9, 1808.  In  such  a  case,  if  the  vessel  be  actually  and  bona  fide  carried  by  rorce  to  a  foreign 
port,  she  is  not  liable.    The  William  King,  2  Wheat.  148 ;  4  Cond.  Rep.  71. 

Under  the  embargo  act  of  April  25,  1808,  a  vessel  not  arriving  at  her  port  of  original  destination,  ex- 
citca  an  honest  suspicion  in  the  collector,  that  a  demand  of  a  permit  to  land  a  cargo,  was  merely  colour- 
able ;  this  is  not  a  termination  of  the  voyage,  so  as  to  preclude  the  right  of  detention.  Otis  v.  Walter, 
11  Wheat.  192  ;  6  Cond.  Rep.  270. 

Under  the  6th  section  of  the  embargo  act  of  January  9, 1808,  *'  a  foreign  vessel,*'  means  a  vessel  navi- 
[ating  under  the  flag  of  a  foreign  power;  and  not  a  vessel  owned  in  whole  or  in  part  by  foreigners, 
omicilled  in  the  United  States.    The  Sailer,  1  Gallis.  C.  C.  R.  58. 

A  departure  from  any  place  within  the  jurisdictional  limita  of  the  United  States,  although  such  place 
be  not  within  any  port,  is  within  the  embargo  act  of  December  22,  1807.  The  Ann,  1  Gallis.  C.  C.  R. 
62. 

A  vessel,  which  during  the  existence  of  the  embargo  laws,  departed  from  one  port  of  the  United  States 
to  another,  but  was  obliged  from  irresistible  necessity,  to  put  into  a  foreign  port,  and  sell  her  cargo,  was 
not  guilty  of  a  violation  of  the  embargo  laws.    The  Brig  William  Gray,  Paine's  C.  C.  R.  16. 

The  embargo  law  was  passed  December  22,  1807.  A  vessel  cleared  for  St.  Mary*s,  Georgia,  on  the 
15th  of  January ;  the  collector  received  information  of  the  passage  of  the  law,  and  gave  notice  of  it.  It 
did  not  appear  that  this  was  known  to  the  master  or  owners  previous  to  the  sailing.  Being  seised  for  a 
violation  of  the  law,  the  court  ordered  her  restitution.    The  Cotton  Planter,  1  Psine*8  C.  C.  R.  23. 

To  eicuse  a  vessel  which  has  sailed  under  an  embargo  bond,  from  re-landing  her  cargo  in  the  United 
Sutes,  under  this  clause,  *<  the  perils  of  the  sea  only  excepted,**  the  accident  must  happen  wi^out  any 
fault  or  negligence  of  the  master,  and  must  occur  at  sea ;  or  if  at  land,  it  must  be  the  immediate  conse- 

Suence  of  the  peril  happening  at  sea.    United  States  v.  Hall  et  al.,  2  Wash.  C.  C.  R.  366.    See  the  United 
tates  e.  The  Nancy,  3  Wash.  C.  C.  R.  281.    The  United  States  v.  Morgan  et  al.,  3  Wash.  C.  C.  R.  10. 
The  United  States  v.  Mitchell  et  al.,  3  Wash.  C.  C.  R.  95. 

The  third  section  of  the  embargo  act  of  December  22,  1807,  was  not  repealed  by  the  act  of  1809.  Thm 
Argo,  2  Gallis.  C.  C.  R.  314. 

A  libel  agsinst  a  vessel  for  violating  the  embano  lavrs,  must  contain  a  subetantitl  statement  of  ths 
Olftace,  with  reasonable  precision.    1  Brockenb.  C.  C.  R.  347. 


$ 


TENTH  PONGRESS.    Sess.  I.  Ch.  7, 8.    180a 


468 


Sec.  2.  And  he  it  Jwriher  enacted,  That  during  the  continuance  of 
this  act,  no  registered,  or  sea  letter  vessel,  having  on  board  goods,  wares 
and  merchandise,  shall  be  allowed  to  depart  from  one  port  of  the  United 
States  to  any  other  within  the  same,  unless  the  master,  owner,  consignee 
or  factor  of  such  vessel  shall  first  give  bond,  with  one  or  more  sureties  to 
the  collector  of  the  district  from  which  she  is  bound  to  depart,  in  a  sum 
of  double  the  value  of  the  vessel  and  cargo,  that  the  said  goods,  wares, 
or  merchandise  shall  be  relanded  in  some  port  of  the  United  States, 
dangers  of  the  seas  excepted,  which  bond,  and  also  a  certificate  from  the 
collector  where  the  same  may  be  relanded,  shall  by  the  collector  respec- 
tively be  transmitted  to  the  Secretary  of  the  Treasury.  All  armed  ves- 
sels possessing  public  commissions  from  any  foreign  power,  are  not  to 
be  considered  as  liable  to  the  embargo  laid  by  this  act 

Approved,  December  22j  1807. 


■dsbilMlUstor 
with  goodi  OB 
board  wbeo  no- 
tified to  be  ■!• 
lowed  to  depart. 

Registered  or 
■ea  letter  ves- 
■ela  not  to  pro- 
ceed from  one 
port  to  another 
in  the  U.  Sutes 
without  giving 
bondf ,  &c.  &c. 

Exception  of 
public  armed 
Tcasela,  Iec. 


Statuts  I. 


Chap.  yVL^-^sBnJitimppkmentary  to  an  ad^  inUtuUd  *^Jn  ad  forfori^ 
porU  and  karhon  tf  the  UniUd  States^  and  for  building  Gun  BoaU 


nngOe      Jen.  8,  1808. 


Be  ii  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  the  President  of  the 
United  States  is  hereby  authorized  to  cause  such  of  the  fortifications 
heretofore  built  or  commenced,  as  he  may  deem  necessary,  to  be  repaired 
or  completed,  and  such  other  fortifications  and  works  to  be  erected  as 
will  afford  more  effectual  protection  to  our  ports  and  harbors,  and  preserve 
therein  the  respect  due  to  the  constituted  authorities  of  the  nation,  and 
that  the  sum  of  one  million  of  dollars,  in  addition  to  the  sums  heretofore 
appropriated,  be,  and  the  same  is  hereby  appropriated  for  that  purpose, 
out  of  any  money  in  the  treasury  not  otherwise  appropriated. 

Approved,  January  8,  1808. 


[Obiolete.] 
Prefident  au- 
thoriied  to  have 
ibrtificationt  re- 
paired and  built. 
Act  of  April 
21,  lS06,ch.47. 
Appropriation. 


CnAP.yUh^JInJetstMplementary  to  the  ad,  intituled  ^^An  ait  laying  an  efi»- 
bargo  on  all  shiipe  andveesela  in  the  ports  and  harbors  of  the  United  StatetJ**(a) 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  during  the  continuance 
of  the  act  to  which  this  act  is  a  supplement,  no  vessel  licensed  for  the 
coasting  trade,  shall  be  allowed  to  depart  from  any  port  of  the  United 
States,  or  shall  receive  a  clearance,  until  the  owner,  consignee,  agent  or 
factor  shall,  with  the  master,  give  bond  with  one  or  more  sureties  to  the 
United  States,  in  a  sum  double  the  value  of  the  vessel  and  cargo,  that 
the  vessel  shall  not  proceed  to  any  foreign  port  or  place,  and  Uiat  the 
cargo  shall  be  relanded  in  some  port  of  the  United  States. 

Sec.  2.  And  be  it  further  enacted.  That  the  owner  or  owners  of  all 
vessels  licensed  for  fisheries,  or  those  bound  on  a  whaling  voyage,  and 
having  no  other  cargo  than  sea  stores,  salt  and  the  usual  fishing  tackling 
and  apparel,  shall  give  a  general  bond,  in  four  times  the  value  of  the 
vessel  and  cargo,  that  they  will  not,  during  the  continuance  of  the  above 
mentioned  act,  proceed  to  any  foreign  port  or  place,  and  will  return  with 
their  fishing  fare  to  some  port  or  place  within  the  United  States :  Pro- 
vided,  that  it  shall  be  lawful  and  shall  be  sufficient  in  the  case  of  any 
licensed  vessel,  whose  employment  has  uniformly  been  confined  to  rivers, 
bays  and  sounds  within  the  jurisdiction  of  the  United  States,  to  give 
bond,  in  an  amount  equal  to  three  hundred  dollars  for  each  ton  of  said 
vessel,  with  condition  that  such  vessel  shall  not  be  employed  in  any  foreign 
trade  during  the  time  limited  in  the  condition  of  the  bond. 

Sec.  3.  And  be  it  further  enacted.  That  if  any  ship  or  vessel  shall, 
during  the  continuance  of  the  act  to  which  this  act  is  a  supplement. 


Statuts  I. 

Jan.  9,  1808. 

[Repealed.] 

Act   of  Dec. 
n,  1807,  ch.6. 

Bondi    to  be 
given   in  caaea 
of  coaating  Tea- 
aela,  sailing 
ooaat  wiae. 


A  general 
bond  to  be  given 
in  the  caiea  of 
flahing  voMcla. 


Proviio  in  fk- 
vouroflicenied 
vesaels  uniform- 
ly employed  on 
nvers,  baji  and 
soundi  within 
the  U.  Sutea. 


(d)  See  notea  to  act  of  December  23,  1807,  chap.  6. 


454 


TENTH  CONGRESS.    Sess.  I.  Ch.  8.     1806. 


FoHeitarei 
and  penalties  on 
Teaaols   depart- 
inf    withoat   a 
permit. 


IfYeaselahall 
notbeaeiiedthe 
owner  of  the 
▼essel  ahall  be 
liable  for  a  aum 
equal  to  double 
the  value  of  the 
abip,  Teasel  and 
cai^o^and  maa. 
ter  of  auch  vea- 


ael  aubiected  to 
i  penalty. 


ProTiaion  in  a 
former  to  ex- 
tend onlj  to 
public  armed 
yesaels,  and 
ahall  not  em- 
brace priva. 
teera. 


Foreign    ves- 
aela    prohibited 
lirom  anipping 
apecie,  mer- 
cnandise,  Ice. 
&c. 

Penalties. 

Specie  may 
be  aeized  and 
condemned. 


Diatribution 
of  forfeitures, 
penalties,  &c. 

Act  of  March 
S,  1799,  ch.  32. 


Act  of  March 
3,  1797,  ch.  13. 
Act  of  Fob.  II, 
1800,  ch.  6. 


Drai^backs 
not  to  be  affect- 
ed b  J  this  act. 


depart  from  any  port  of  the  United  States  without  a  clearance  or  permit, 
or  if  any  ship  or  vessel  shall,  contrary  to  the  provisions  of  this  act,  or  of 
the  act  to  which  this  act  is  a  supplement,  proceed  to  a  for^gn  pcHt  or 
place,  or  trade  with  or  put  on  board  of  any  other  ship  or  vessel  any  goods, 
wares  or  merchandise,  of  foreign  or  domestic  growth  or  manufacture, 
such  ships  or  vessels,  goods,  wares  and  merchandise  shall  be  wholly  for- 
feited, and  if  the  same  shall  not  be  seized,  the  owner  or  owners,  agent, 
freighter  or  factors  of  any  such  ship  or  vessel  shall  for  every  such  oflfence 
forfeit  and  pay  a  sum  equal  to  double  the  value  of  the  ship  or  vessel  and 
cargo,  and  shall  never  thereafter  be  allowed  a  credit  for  duties  on  any 
goc^s,  wares  or  merchandise  imported  by  him  or  them  into  any  of  the 
ports  of  the  United  States,  and  the  master  or  commander  of  such  ship 
or  vessel,  as  well  as  all  other  persons  who  shall  knowingly  be  concerned 
in  such  prohibited  foreign  voyage,  shall  each  respectively  forfeit  and  pay 
a  sum  not  exceeding  twenty  thousand,  nor  less  than  one  Uiousand  dollars, 
for  every  such  offence,  whether  the  vessel  be  seized  and  condemned  or 
not,  and  the  oath  or  affirmation  of  any  master  or  commander  knowin^y 
offending  against  the  provisions  ofthis  section,  shall  ever  thereafter  be  inad- 
missible before  any  collector  of  the  customs  of  the  United  States. 

Sec.  4.  And  be  it  Jvrther  enacted.  That  the  exception  made  by  the 
act  to  which  this  act  is  a  supplement,  in  favour  of  armed  vessels  possess- 
ing public  commissions  from  foreign  powers,  shall  apply  only  to  public 
armed  vessels,  and  shall  not  be  construed  to  embrace  either  privateers, 
vessels  having  letters  of  marque,  or  any  other  private  armed  vessels ;  but 
such  private  armed  vessels  shall  be  permitted  to  depart  in  the  same  man- 
ner, and  on  the  same  conditions  as  is  provided  for  other  private  foreign 
ships  or  vessels. 

Sec.  5.  And  be  it  fiirthcr  enacted.  That  if  any  foreign  ship  or  vessel 
shall,  during  the  continuance  of  the  act  to  which  this  act  is  a  supplement, 
take  on  board  any  specie  or  any  goods,  wares,  or  merchandise,  other 
than  the  provisions  and  sea  stores  necessary  for  the  voyage,  such  ship  or 
vessd  and  the  specie  and  cargo  on  board  shall  be  wholly  forfeited,  and 
may  be  seized  and  condemned  in  any  court  of  the  United  States,  having 
competent  jurisdiction,  and  every  person  concerned  in  such  unlawfiu 
shipment  shall  forfeit  and  pay  a  sum  not  exceeding  twenty  thousand  dol- 
lars, nor  less  than  one  thousand  doUars  for  every  such  offence. 

Sec.  6.  And  be  it  fttrther  enacted.  That  all  penalties  and  forfeitures 
incurred  by  force  of  this  act  shall  be  sued  for,  recovered,  distributed,  and 
accounted  for  in  the  manner  prescribed,  by  the  act,  intituled  ''  An  act  to 
regulate  the  collection  of  duties  on  imports  and  tonnage,"  passed  the 
second  day  of  March,  one  thousand  seven  hundred  and  ninety-nine,  and 
may  be  mitigated  or  remitted  in  the  manner  prescribed  by  the  act,  inti- 
tuled "  An  act  to  provide  for  mitigating  or  remitting  the  forfeitures, 
penalties  and  disabilities,  accruing  in  certain  cases  therein  mentioned," 
passed  the  third  of  March,  one  thousand  seven  hundred  and  ninety-seven, 
and  made  perpetual  by  an  act  passed  the  eleventh  of  February  one  thou- 
sand eight  hundred. 

Sec  7.  And  be  it  further  enacted.  That  the  time  during  which  the  act 
to  which  this  act  is  a  supplement,  shall  continue  in  force,  shall  not  be 
computed  as  making  part  of  the  term  of  twelve  calendar  months  during 
which  goods,  wares  or  merchandise,  imported  into  the  United  States, 
must  be  re-exported  in  order  to  be  entitled  to  a  drawback  of  the  duties 
paid  on  the  importation  thereof. 

Approved,  January  9,  1808. 


TENTH  CONGRESS.    Sess.  I.  Ch.  9,  10.     180a 


456 


Chap.  IX.— ^n  Act  extending  the  right  tf  nffrage  in  the  Miuismppi  territory  / 
and  for  other  pwrpo8eB.(a) 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assenMedy  That  every  free  white  male  per- 
son in  the  Miraissippi  territory,  above  the  age  of  twenty-one  years,  having 
been  a  citizen  of  the  United  States,  and  resident  in  the  said  territory,  one 
year  next  preceding  an  election  of  representatives,  and  who  has  a  legal 
or  equitable  title  to  a  tract  of  land,  by  virtue  of  any  act  of  Congress,  or 
who  may  become  the  purchaser  of  any  tract  of  land  from  the  United 
States  of  the  quantity  of  fifty  acres,  or  who  may  hold  in  his  own  right  a 
town  lot  of  the  value  of  one  hundred  dollars  within  the  said  territory, 
shall  be  entitled  to  vote  for  representatives  to  the  general  assembly  of 
said  territory. 

Sec.  2.  And  be  it  further  enacted,  That  the  general  assembly  of  the 
territory  aforesaid,  shall  have  power  to  apportion  the  representatives  of 
the  several  counties  therein,  or  which  may  hereafter  be  established  there- 
in, according  to  the  number  of  free  white  male  inhabitants  above  the  age 
of  twenty-one  years  in  such  counties :  Provided,  that  there  be  not  more 
than  twelve,  nor  less  than  ten  of  the  whole  number  of  representatives; 
any  act  or  acts  to  the  contrary  notwithstanding,  until  there  shall  be  six 
thousand  free  male  white  inhabitants  of  full  age,  in  said  territory ;  after 
which  time  the  number  of  representatives  shall  be  regulated  agreeably  to 
the  ordinance  ft>r  the  government  thereo£ 

Sec.  3.  And  be  it  further  enacted,  That  the  citizens  of  the  said  terri- 
tory, entitled  to  vote  for  representatives  to  the  general  assembly  thereof, 
i^all,  at  the  time  of  electing  their  representatives  to  the  said  general 
assembly,  also  elect  one  delegate  from  the  said  territory  to  the  Congress 
of  the  United  States,  who  shall  possess  the  same  powers  heretofo/e 
granted  to  the  delegates  from  the  several  territories  of  the  United  States ; 
any  thing  in  the  ordinance  for  the  government  of  said  territory,  to  the 
contrary  notwithstanding. 

Approved,  January  9,  1808. 


Statute  I. 
Ju.  9, 1808. 

[Obtolete.] 
QaalificatioBt 
of  electors  of 
represenutiToe 
to  the  general 
usemblj  of  the 
MiasiHippi  ter- 
ritory. 

1804,  ch.67, 
■ec.  7. 


General  as- 
■emblj  may  ap- 
portion    repre- 
■entativei. 

Not  more  thaa 
12  nor  less  than 
10    representa- 
tives until  ther* 
shall  be  six 
thousand  free 
inhabitants  in 
the  territory. 

A  delegate  to 
Congress  to  be 
elected  at  the 
time  of  the  ge- 
neral election. 


— —  Statute  L 

Ghap.  X.— ^n  Jet  iupplemental  to  an  aetf  intituled  **Jin  act  regulating  the     Jan.  19,  1808. 

grants  tf  land^  and  providing  for  the  diepotal  of  the  lands  of  the  Lnited  Sates, 

south  tfthestaUrf  Tennessee.'\b) 

Be  it  enacted  by  the  Senate  and  House  ofRepresentatives  of  the  United 
States  of  America  in  Congress  assembled,  That  every  person  and  the  legal 
representatives  of  every  person,  who  being  either  the  head  of  a  family 
or  above  the  age  of  twenty-one  years,  and  who  did  on  the  third  day  of 
March,  one  thousand  eight  hundred  and  seven,  actually  inhabit  and  cul- 
tivate a  tract  of  land  not  claimed  by  virtue  of  a  certificate  granted  by  the 
bosu'ds  of  commissioners  east  and  west  of  Pearl  river,  in  the  Mississippi 
territory,  and  who  has  obtained  permission  to  remain  on  such  tract  or 
tracts  of  land  agreeably  to  an  act,  intituled  "An  act  to  prevent  settle- 
ments being  made  on  lands  ceded  to  the  United  States,  until  authorized 
by  law,"  shall  be  entitled  to  a  preference  in  becoming  the  purchaser 
from  the  United  States  of  such  tract  of  land,  at  the  price  at  which  the 
other  lands  of  the  United  States  in  the  said  territory,  are  directed  to  be 
sold,  and  payment  may  be  made  therefor  in  the  same  manner,  and  under 
the  same  conditions  as  directed  by  law  for  such  other  lands:  Provided, 
that  such  tract  of  land  shall  not  exceed  one  section :  And  provided  also, 
that  the  same  shall  be  surveyed  agreeably  to  the  sectional  lines  ah-eady 
established,  or  which  may  hereafter  be  established  by  the  surveyor  of 
the  lands  of  the  United  States  south  of  the  state  of  Tennessee. 


Actual  settlers 
entitled  to  a 
preference  in 
becoming    pur- 
chasers. 


1803,  ch.  27. 
1807,  ch.  46. 


Proviso  that 
such  tract  of 
land  shall  not 
exceed  one  sec- 
tion, and  shall 
be  surveyed 
agreeably  to 


(d)  By  the  act  of  March  1,  1817,  chao.  23,  Mississippi  was  admitted  into  the  Union  as  a  State. 
(A)  See  notes  to  aet  of  March  8, 1803,  chap.  27. 


456 


TENTH  CONGRESS.    Sess.  I.  Ch.  11, 12, 14.    1806. 


liBM 

already    ettab- 
lithed. 

Notice  to  be 
given  by  per- 
■ona    claimingy 
under  the   fore- 
going section. 

Their  rights 
otherwise  for- 
feited. 

Time  allowed 
to  persons  hav- 
iog  pre-emp- 
tion rights. 


This  act  not 
to  eitend  to  cer- 
tain other  claim- 
ants. 


StatutcI. 
Jan.  19, 1808. 

[Obsolete.] 

Part  of  a  for- 
mer act  revived 
and  cAoUnoed 
in  force. 

Act  of  March 
86,]S04,ch.46. 

Act  of  Jan. 
10, 1809,  ch.  7. 

Proviso. 


Statute  I. 
Jan.  81, 1808. 

[Obsolete.] 

Expenses  an- 
thoriied  by  the 
committee  of 
inquiry  or  the 
managers  of  the 
impeachment  of 
Judge  Chase  to 
be  settled,  and 
paid. 

Proviso. 

1804,  ch.  S9. 


Statute  I. 
Jan.  27, 1808. 

[Obsolete.] 
Act  of  Feb.  ao, 
1804,  ch.  IS, 


Sec.  2.  And  be  it  Jurther  enacted,  That  every  peraon  claiming  a  tract 
of  land  by  virtue  of  this  act  shall,  before  the  first  day  of  October  neit, 
deliver  to  the  register  of  the  land-ofBce  within  whose  district  the  land 
may  be,  a  notice  of  his  claim  in  writing,  together  with  a  plat  of  the  tract 
of  land  claimed;  and  if  any  person  shall  fail  to  deliver  such  notice  and 
plat,  the  person  or  persons  so  failing,  shall  forfeit  all  claim  or  pretension 
of  claim  to  such  tract  of  land,  and  the  same  shall  be  sold  with  the  other 
lands  of  the  United  States  in  said  territory. 

Sec.  3.  And  be  it  Jurther  enacted.  That  persons  entitled  to  a  right 
of  pre-emption  under  the  first  section  of  this  act,  shall  be  allowed  until 
the  first  day  of  January,  one  thousand  eight  hundred  and  nine,  to  make 
the  first  payment  of  the  purchase  money  of  such  tract  or  tracts  of  land 
as  may  be  claimed  by  virtue  of  said  section,  and  the  residue  of  the  said 
purchase  money  shall  be  paid  in  the  same  manner,  and  under  the  same 
conditions  as  directed  for  the  other  lands  in  said  territory. 

Sec.  4.  And  be  it  Jurther  enacted.  That  this  act  shall  not  extend  to 
any  person  or  persons  claiming  other  lands  in  said  territory  in  his  or 
their  own  right,  by  virtue  of  British  or  Spanish  grants,  or  to  any  person 
or  persons  to  whom  a  donation  has  been  granted,  by  either  of  the  said 
boards  of  commissioners. 

Approved,  January  19,  1808. 


Chap.  XL — JinJeiio  revive  and  continue. in  force  for  a  further  time  thejint  eee- 
Hon  of  ike  aei^  intituled  ^^Jn  act  further  to  protect  th^  eq/nmeree  and  teamen  cf 
the  united  Statee  agqinet  the  BarSary  powen.*^ 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled.  That  so  much  of  the 
act  passed  on  ihe  twenty-fifth  day  of  March,  one  thousand  eight  hundred 
and  four,  intituled  "  An  act  further  to  protect  the  commerce  and  seamen 
of  the  United  States  against  the  Barbary  powers,"  as  is  contained  in  the 
first  section  of  the  said  act,  be,  and  the  same  hereby  is  revived  and  con- 
tinued in  force,  until  the  first  day  of  January  next :  Provided  however, 
that  the  additional  duty  laid  by  the  said  section,  shall  be  collected  on 
all  such  goods,  wares  and  merchandise,  liable  to  pay  the  same,  as  shall 
have  been  imported  previous  to  that  day. 

Approved,  January  19,  1806. 


Chap.  Xll.-^n  JSet  to  provide  for  the  payment  of  certain  expentee  incurred  in  the 
impeachment  of  Samuel  Chase, 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  accounting  officers 
of  the  treasury  be,  and  they  are  hereby  directed  to  audit  and  settle  the 
accounts  of  all  persons  who  may  have  claims  against  the  United  States, 
for  expenses  incurred  in  the  inquiry  into  the  conduct,  and  in  the  im- 
peachment of  Samuel  Chase ;  which  expenses  may  htfve  been  authorized 
by  the  committee  of  inquiry,  or  the  managers  of  the  said  impeachment: 
Provided,  that  the  said  accounts  shall  have  been  first  certified  by  the 
chairman  of  the  said  committee,  or  managers;  and  the  same  shall  be 
paid  out  of  any  monies  in  the  treasury,  not  otherwise  appropriated. 

Approved,  January  21,  1808. 


Chap.  XIV.— ^n  Jcl  to  continue  inforu  for  a  limited  time  an  aet,intituled  **Jn 
act  continuing  for  a  limited  time  the  aalaries  of  the  qffieere  of  government  therein 
mentioned.^ 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  an  act  passe4  on  the 


TENTH  CONGRESS.    Sbss.  I.  Ch.  15.    1806. 


4S7 


yean. 


twentieth  day  of  February,  one  thousand  eight  hundred  and  four,  inti-   eontinned  in 
tuled  **An  act  continuing  for  a  limited  time  the  salaries  of  the  officers   ^o'^^  ^^  ^^>*^ 
of  government,  therein  mentioned,"  shall  be,  and  continue  in  force  for   "**" 
the  term  of  three  years,  and  to  the  end  of  the  next  session  of  Congress 
thereafter,  and  no  longer. 
Apfhotbd,  January  27,  1808. 


Chap.  X  V«— »4fi  Jd  auikorizing  the  ereetum  cf  a  bridge  over  ike  river  Pokmae^ 
within  &e  Ditiriei  cf  Columbia, 

Be  itemaeied  6y  the  Senate  and  House  of  Rmresentatives  of  the  United 
States  of  America  in  Congress  assemhUd^  That  the  following  persons, 
▼iz:  Robert  Brent,  Daniel  Carroll,  of  Duddington,  Thomas  Afonroe, 
James  D.  Barry,  Frederick  May,  Samuel  Harrison  Smith,  Jonah  Thomp- 
son, Jonathan  Swift,  Thomas  Vowell,  Cuthbert  Powell,  Elisha  Janney, 
and  Charles  Alexander,  or  any  seven  of  them,  be,  and  they  are  hereby 
constituted  a  board  of  commissioners,  with  full  power  and  authority  to 
open,  or  cause  to  be  opened,  books  for  receiving  and  entering  subscrip- 
tions for  raising  a  capital  stock,  not  exceeding  two  hundred  thousand 
dollars,  in  shares  of  one  hundred  dollars  each,  for  the  purpose  of  erect- 
ing a  bridge  over  the  river  Potomac,  between  the  city  of  Washinston  and 
Alexander's  island,  and  making  such  other  incidental  works,  and  defray- 
ing such  other  incidental  expenses,  as  shall  be  required  by  this  act,  or 
deemed  necessary  or  expedient  by  the  company  herein  after  named ;  the 
time,  place  and  manner  of  receiving  and  entering  such  subscriptions,  to 
be  ascertained  by  the  said  board  of  commissioners,  and  duly  advertised 
in  such  gazettes,  as  they  may  deem  expedient :  Promded^  that  the  time 
to  be  fixed  upon  by  the  said  board  of  commissioners,  for  opening  books 
for  receiving  the  said  subscriptions,  shall  be  on  or  before  the  first  Mon- 
day in  July  next,  and  that  no  subscription  shall  be  received,  unless  the 
sum  of  ten  dollars  be  first  paid  into  the  hands  of  the  person  authorized 
to  receive  the  same,  on  each  share  subscribed  for. 

Sbc.  2.  And  be  it  further  enacted.  That  whenever  nineteen  hundred 
of  the  said  shares  shul  be  subscribed  for,  all  persons  who  may  then  be, 
or  thereafter  may  become,  the  actual  holders  or  proprietors  of  shares  in 
the  said  capital  stock,  either  as  subscribers  for  the  same,  or  as  the  legal 
representatives,  successors,  or  assignees  of  such  subscribers,  shall  be, 
and  they  are  hereby  made  and  created  a  body  politic  and  corporate,  by 
the  name  and  style  of  **  The  Washington  Bridge  Company,"  and  by 
that  name  may  sue,  and  be  sued,  implead,  and  be  impleaded,  and  do  and 
suffer  all  acts,  matters  and  things,  which  a  body  politic  and  corporate 
may  lawfully  do  and  suffer ;  and  may  have  a  common  seal,  and  the  same 
may  break  and  aher  at  pleasure,  and  may  make  all  by-laws,  rules,  regu- 
lations and  ordinances  for  the  good  government  and  well  being  of  the 
said  company,  and  for  carrying  into  effect  the  objects  of  their  institu- 
tion, so  that  such  by-laws,  rules,  regulations  or  ordinances,  be  not 
repugnant  to  the  laws  of  the  United  States,  in  force  within  the  district 
of  Columbia. 

Sbc.  3.  And  he  it  further  enacted.  That  when  nineteen  hundred  of 
the  said  shares  shall  be  subscribed  for,  as  aforesaid,  or  as  soon  after  as  may 
be,  the  said  board  of  commissioners  shall  call  a  meeting  of  the  com- 
pany, at  the  city  of  Washington,  by  public  advertisement,  in  one  or 
more  gazettes,  published  in  Washington,  Alexandria,  or  Georgetown, 
appointing  a  fit  and  convenient  time  and  place  of  meeting,  for  the  pur- 
pose of  decting  five  directors,  a  clerk  and  a  treasurer,  and  such  other 
officers,  agents  and  servants,  as  the  said  company  may  think  fit  to 
appoint,  and  for  transacting  any  other  business  in  pursuance  of  this  act 
and  q>pertaining  to  the  nature  and  objects  of  the  institution  of  the  said 

Vol.  II.— 68  2  Q 


Statots  L 


Feb.  6, 1806. 


Names  or  per- 
sona eoettJtated 
A  board  of  eom- 
miaaionen  for 
receiTiBg  aiib- 
aeriptions,    kc 


Site  of  the 
bridge. 


Books  to  be 
opened  before 
tbe  firat  Monday 
in  July,  1808. 


The  companj 
made  a  bodj 
politic    or  cor- 
porate. 


Name  of  the 
companj. 


Their  powers, 
ftc.  kc. 


A  meeting  of 
the  companj  to 
be  advertised 
for  choosing  di- 
rectors, officers, 
Itcftc. 


468 


TENTH  CONGRESS.    Sess.  I.  Ch,  15.     1808. 


Meetings  may 
be  adjourned  by 
the  company 
until  a  quorum 
shall  be  formed. 


All  the  pow- 
ert  of  the  com- 
pany to  be  vest- 
ed  in  the  direct- 
ors. 


Directors  to 
be  annually  ap. 
pointed,  &c.  iic. 


Directors  may 
fill  vacancies  in 
the  board  of  di- 
rectors. 


A  meeting  of 
the  company 
may  at  any 
time  be  called 
by  a  majority  of 
directors. 

A  majority  of 
the  members  of 
the  company  to 
be  a  quorum. 


company;  and  the  said  board  of  commissioners  shall,  if  necessary, 
adjourn  the  said  meeting  from  time  to  time,  until  a  cjuorum  shall  be 
formed  ;  and  a  majority  of  the  said  company,  or  the  proprietors  of  two 
thirds  of  the  number  of  shares  actually  subscribed  for,  their  legal  repre- 
sentatives, successors,  or  proxies,  shall  be  a  quorum  to  do  business ;  and 
the  said  board  of  commissioners,  before  opening  the  said  subscription 
books,  shall  ascertain  and  publish,  in  their  said  advertisement,  a  fit  and 
convenient  mode  of  authenticating  all  powers  of  attorney  authorizing 
subscriptions  to  be  made  in  the  name  of  any  petson  or  persons ;  and 
before  calling  a  meeting  of  the  said  company,  shall  ascertain  and  publish 
in  their  advertisement,  a  fit  and  convenient  mode  of  authenticating  all 
instruments  of  writing  authorizing  any  person  or  persons,  to  act  and 
vote  at  such  meeting,  as  the  proxy  or  proxies  of  any  member  of  the  said 
company ;  all  which  powers  of  attorney  and  instruments  of  writing  shall 
be  filed  with  the  derk  of  the  said  company,  and  by  him  be  safely  kept 
among  the  records  and  documents  appertaining  to  his  office ;  and  as 
soon  as  a  quorum  of  the  said  company,  and  a  board  of  directors  shall 
be  formed,  as  aforesaid,  all  the  powers,  authority,  and  duties  whatsoever, 
by  this  act  vested  in  the  said  board  of  commissioners,  shall  cease  and 
determine,  and  thenceforward  become  vested  in  the  directors,  for  the 
time  being,  of  the  said  company,  under  such  limitations  and  restrictions, 
as  the  said  company  may  think  fit  to  prescribe ;  and  the  said  board  of 
commissioners  shall  account  to  the  said  company,  at  the  first  meeting 
of  the  same,  for  all  monies  received  by  them  or  their  agents,  on  account 
of  such  subscriptions,  and  shall  immediately  pay  over  the  same  to  the 
treasurer  of  the  said  company,  or  to  such  other  person  or  persons,  as  the 
said  company  may  direct  and  appoint :  the  said  company,  nevertheless, 
to  allow  all  just  credits  for  monies  actually  and  necessarily  expended  by 
the  said  board  of  commissioners,  in  the  execution  of  their  said  trust 
and  duties. 

Sec.  4.  And  he  it  further  enacted.  That  there  shall  he  annually  holdcn, 
on  the  first  Monday  in  January,  a  meeting  of  the  said  company,  for  the 
purpose  of  electing  five  directors,  a  clerk,  and  a  treasurer ;  and  the  said 
company  shall  have  power,  at  any  meeting,  legally  called  and  constituted, 
in  pursuance  of  this  act,  to  displace  any  of  their  directors  or  officers, 
and  to  supply  by  a  new  election  or  appointment  all  vacancies  that  may 
happen  among  the  directors  or  officers  of  the  company ;  and  the  said 
company  shall  have  power  to  prescribe  and  regulate  the  powers  and 
duties  of  the  said  directors,  and  of  all  other  officers  of  the  company ; 
and  a  majority  of  the  said  directors  may,  from  time  to  time,  elect  one 
of  their  body  as  a  president,  and  may  provisionally  supply,  by  their  own 
election,  any  vacancies  that  may  happen  among  the  number  of  directors, 
or  among  any  of  the  officers  of  the  company,  and  the  persons  so  elected 
by  the  said  directors,  may  continue  in  office  till  the  next  legal  meeting 
of  the  company ;  and  the  directors  of  the  said  company,  to  be  elected, 
in  pursuance  of  this  act,  shall,  unless  sooner  displaced  by  the  said  com- 
pany, continue  in  office  until  the  first  Monday  in  January  next,  succeed- 
ing their  election,  and  from  that  time  until  a  new  election  shall  be  made 
by  the  said  company. 

Sec.  5.  And  be  it  further  enacted^  That  a  meeting  of  the  said  com- 
pany may,  at  any  time,  be  called  by  a  majority  of  the  directors  of  the 
company,  for  the  time  being,  and  by  one  third  of  the  members  of  the 
said  company,  or  by  the  proprietors  of  one  third  of  the  shares  actually 
subscribed  for,  or  the  legal  representatives  or  successors  of  such  mem- 
bers or  proprietors :  Provided  hotcevrr,  that  no  meeting  of  the  said 
company  shall  be  legal,  or  valid,  unless  a  quorum  shall  be  formed,  con- 
sisting of  the  majority  of  the  members  of  the  said  company,  or  of  the 
proprietors  of  at  least  two  thirds  of  the  number  of  shares  actually  sub- 
scribed for.'lheir  legal  representatives,  successors  or  proxies,  nor  unless 


TENTH  CONGRESS.     Sbss.  1.  Ch.  15.     1808. 


450 


the  place  (being  within  the  city  of  Washington)  and  the  time  of  such 
meeting  be  previously  advertised  for  three  weeks  successively,  in  one  or 
more  gazettes  in  the  city  of  Washi.igton,  Alexandria  or  Georgetown. 

Sec.  6.  And  be  it  fttrthrr  enacted.  That  the  said  shares  shall  be 
negotiable  and  transferable  from  one  to  another  by  assignments  in  writ^ 
ing,  executed  before  two  witnesses  at  the  least,  and  authenticated,  and 
registered,  as  the  said  company  may  prescribe  and  direct  in  their  by- 
laws and  regulations. 

Sec.  7.  And  be  it  further  enacted^  That  in  suits  at  law  against  the 
said  company,  the  first  process  shall  be  a  summons,  to  be  served  on  the 
president,  or  any  one  or  more  of  the  directors  of  the  said  company  ; 
upon  the  service  and  return  of  which  summons,  if  no  appearance  shall 
be  entered  for  the  said  company,  at  the  return  term,  the  court  may  order 
the  general  issue  to  be  entered  on  the  record,  and  may  proceed  to  trial 
and  judgment,  in  like  manner,  as  if  an  appearance  had  been  entered, 
and  the  issue  made  up  by  the  said  company ;  and  if  judgment  shall  be 
recovered  against  the  said  company,  the  court  may  order  the  usual  pro- 
cess of  execution,  or  a  special  writ  to  attach  the  money,  goods,  chattels, 
debts,  choscs  in  action,  and  tolls  in  the  hands  of  any  officer  of  the  said 
company,  or  of  any  other  person ;  and  such  attachment  shall  operate  on 
the  tolls  thereafter  to  be  received,  which  may  [be]  collected  by  a  person, 
specially  appointed  by  the  court,  for  the  use  of  the  plaintiff  recovering 
such  judgment,  until  such  judgment  shall  be  satisfied,  and  the  court  may 
make  such  further  or  other  order  for  enforcing  the  payment  of  such 
judgment,  as  may  be  consistent  with  the  practice  and  powers  of  such 
court,  as  a  court  of  law  or  equity,  and  that  the  shares  in  said  company 
shall  be  deemed  personal  and  not  real  property,  and  transferable  in  such 
manner  as  the  company  shall  direct ;  and  that  the  shares  held  by  any 
individual  shall  be  liable  to  be  attached  or  taken  by  fieri  facias,  to  satisfy 
the  debts  due  from  such  individual  in  like  manner  as  other  personal  pro- 
perty may  be. 

Sec.  8.  And  be  it  further  enacted.  That  the  amount  of  each  share 
shall  be  paid  by  instalments  of  ten  dollars  at  such  time  as  the  said  com- 
pany shall  direct;  and  in  case  any  instalment  or  instalments  shall  not  be 
paid  at  the  time  appointed  by  the  said  company,  or  within  ten  days  there- 
after, the  bame  may  be  recovered,  in  the  name  of  the  said  company,  by 
warrant  from  a  justice  of  the  peace,  if  the  amount  due  shall  not  exceed 
twenty  dollars ;  and  if  the  sum  so  due  shall  exceed  twenty  dollars,  the 
same  may  be  recovered  by  motion,  in  the  name  of  the  said  company,  on 
ten  days'  notice,  in  any  court  of  record  in  the  county  or  district  where 
the  debtor  shall  be  found ;  and  in  all  such  warrants  and  motions,  the 
certificate  of  the  derk  of  the  said  company,  authenticated  by  the  presi- 
dent, under  the  common  seal  of  the  said  company,  shall  be  conclusive 
evidence  of  the  defendant's  being  a  member  of  the  company,  and  prima 
facie  evidence  of  the  amount  due  on  the  shares  held  by  such  defendant. 
And  if  such  instalment  or  instalments  be  not  paid  within  sixty  days, 
afler  the  time  limited  for  the  payment  of  the  same,  and  advertised  for 
four  weeks  successively,  in  one  or  more  gazettes,  published  in  Washing- 
ton, Alexandria  or  Georgetown,  the  president  and  directors  of  the  said 
company  may  proceed  to  forfeit,  for  the  use  of  the  company,  the  share 
or  shares  of  the  person  or  persons,  so  failing  to  pay. 

Sec.  9.  And  be  it  further  enacted,  That  the  said  company  be,  and 
they  are  hereby  anther ized  and  empowered  to  erect  and  build,  or  to  cause 
to  be  erected  and  built,  over  the  river  Potomac,  between  the  termina- 
tion of  Maryland  avenue  and  Alexander's  island,  a  good  and  sufficient 
bridge,  at  least  thirty-six  feet  wide,  of  sound  and  suitable  materials,  and 
in  all  respects  adequate  for  the  passage  of  travellers,  horses,  cattle  and 
carriages,  with  a  secure  railing  on  each  side  at  least  four  feet  high ;  of 
which  width  six  feet  on  one  side  shall  be  appropriated  to  the  purpose  of 


Shares  mnde 
negotimble  and 
transferable. 


Mode  or  reco- 
vering   debts 
from  the  compa- 
ny. 


Shares  to  be 
deemed  perso- 
nal propertj. 


Mode  of  pay- 
ing up  the 
shares. 


Dimensions 
of  the  bridge  to 
commence  from 
Maryland    ave- 
nue, tec. 


460 


TENTH  CONGRESS.    Sess.  I.  Ch.  15.    180a 


A  draw  and 
wharf  to   be 
nade  and  kept 
in  proper  order. 


Penaltiee  for 
the  detoDtioB  of 
▼eaielt,  kc,  kc. 


A  Moond  draw 
to  be  made 
aeroas  the  Ma- 
ryland channel. 


ProTiM. 
A   rarrey  to 
be  made. 


ToUfl. 


a  way  for  foot  passengers,  and  shall  be  separated  from  the  carriage  way 
by  a  good  and  sufficient  railing  at  least  four  feet  high. 

Sec.  10.  And  be  it  further  enacted^  That  the  said  company  shall 
cause  to  be  built  and  kept  and  maintained  in  good  repair,  a  convenient 
and  sufficient  draw  or  passage  way,  at  least  thirty-five  feet  wide,  in  the 
said  bridge,  over  the  main  channel  of  the  river,  for  the  passing  and  r^ 
passing  of  vessels,  by  day  and  by  night ;  and  shall  also  cause  to  be  built, 
and  to  be  kept  and  maintained  in  good  repair,  a  well  constructed  and 
substantial  wharf  erected  on  piles  on  each  side  of  the  said  bridge,  and 
adjoining  or  near  to  the  said  draw,  in  every  respect  sufficient  for  ships 
and  other  vessels  to  lie  at  securely ;  and  all  ships,  waiting  for  a  passage 
through  the  said  draw,  may  lie  at  such  wharves,  free  of  charge,  until  a  suitp 
able  opportunity  offers  of  passing  through  the  said  draw;  and  the  said 
company  shall,  at  their  own  cost,  and  without  toll,  cause  the  said  draw  or 
passage  way  to  be  hoisted  or  remove^,  without  delay,  for  the  passage  of 
all  ships  and  vessels  with  masts,  that  are  unable  to  pass  under  the  same ; 
and  if  through  the  unskilfulness  or  negligence  of  the  person  or  person^ 
em^^oyed  by  the  said  company,  to  hoist  or  remove  the  said  draw,  any 
ship  or  vessel  shall  be  unjustly  or  unreasonably  hindered  or  delayed,  or 
shall  be  damaged  in  her  hull,  spars  or  rigging,  in  passing  the  said  draw, 
the  said  company  shall  be  liable  to  the  master  or  the  owner  or  owners 
of  such  ship  or  vessel,  for  damages  at  the  rate  of  six  cents  per  ton  of 
such  ship  or  vessel,  for  each  and  every  hour  such  ship  or  vessel  shall  be 
hindered  or  delayed,  and  for  all  damages  in  her  hull,  spars  and  rigging, 
as  aforesaid,  to  be  ascertained  and  recovered  in  a  special  action  on  the 
case,  in  any  court  of  competent  jurisdiction ;  and  the  said  company  shall 
constantly  keep  the  said  bridge  furnished  with  twenty  good  lamps,  to  be 
well  supplied  with  oil,  and  lighted  in  due  season,  four  of  which  lamps 
shall  be  kept  at  the  said  draw,  and  be  kept  burning  through  the  night, 
and  the  others  shall  be  kept  burning  until  the  hour  of  twelve  at  night, 
under  the  penalty  of  five  dollars  for  each  offence,  to  be  recovered  by 
warrant  before  any  justice  of  the  peace,  having  jurisdiction,  by  such 
person  or  persons  as  shall  sue  for  the  same.  And  it  shall  be  lawful  for 
the  said  company,  to  cause  each  leaf  of  the  said  draw  to  be  made  of  the 
width  of  twenty  feet  instead  of  thirty-six  feet,  the  width  of  the  said 
bridge;  and  if  at  any  time  hereafter  the  channel  under  the  said  principal 
draw  of  thirty-five  feet  shall  change  and  shift  to  and  under  any  other  part 
of  said  bridffe,  then  it  shall  be  the  duty  of  said  company  at  all  times  to 
remove  the  former,  and  keep  a  good  and  sufficient  draw  of  thirty-five  feet 
in  width  over  the  main  and  principal  channel,  wherever  the  same  shall 
pass  under  the  said  bridge:  Provided^  that  the  same  shall  appear  neces- 
sary on  a  survey  to  be  made  by  three  commissioners  to  be  appointed  for 
that  purpose  by  the  President  of  the  United  States. 

Sec.  11.  And  be  it  further  enacted.  That  the  said  company  shall, 
in  hke  manner,  cause  a  draw  or  passage  way,  at  least  fifteen  feet  wide, 
to  be  made  in  the  said  bridge,  across  the  other  channel  of  the  said  river, 
near  the  eastern  shore,  commonly  called  the  Maryland  channel,  subject 
to  all  the  restrictions,  penalties  and  provisions  contained  in  the  last  pre- 
ceding section,  for  keeping  and  maintaining  the  draw  or  passage  way 
over  the  main  channel  of  the  said  river,  except  so  far  asrespects  the  build* 
ing  of  wharves  on  each  side  thereof:  Provided,  the  same  shall  appear 
necessary  on  a  view  and  survey  thereof,  by  three  commissioners  to  be 
appointed  for  that  purpose  by  the  President  of  the  United  Stotes. 

Sec.  12.  And  be  it  further  enacted.  That  as  soon  as  the  said  bridge 
and  wharves  shall  be  erected  and  built,  and  furnished  and  completed,  as 
required  by  this  act,  the  said  company  shall  be  entitled  to  demand  and 
receive,  by  their  proper  agents,  servants,  or  officers,  tolls  at  the  following 
rates,  viz.  for  each  foot  passenger  six  cents  and  a  quarter ;  for  each  peiw 
son  and  a  horse,  eighteen  cents  and  three  quarters  of  a  cent;  for  each 


TENTH  CONGRESS.    Sm.  I.  Ch.  15.    1808. 


461 


chaise,  sulky  or  riding  chair,  thirty-seven  cents  and  a  half;  for  each 
coach,  coachee,  stag&-wagon,  chariot,  phaeton  or  curricle,  or  other  riding 
carriage,  one  hundred  cents,  and  the  further  sum  of  twelve  cents  and  a 
half  for  each  horse,  more  than  two,  by  which  such  coach,  coachee,  cha- 
riot, phaeton,  or  curricle,  shall  be  drawn ;  for  each  sled  or  sleigh,  thirty- 
seven  cents  and  a  half,  and  the  further  sum  of  twelve  cents  and  a  half 
for  each  horse  or  other  beast,  more  than  two,  by  which  such  sled  or 
deigh  shall  be  drawn;  for  each  four-wheeled  wagon,  cart,  or  other  four- 
wh^ed  carriage  of  burthen,  thirty-seven  cents  and  a  half,  and  the  fur- 
ther sum  of  twelve  cents  and  a  half,  for  each  horse  or  other  beast,  more 
than  two,  by  which  the  same  shall  be  drawn ;  for  each  two-wheeled  cart, 
dray,  or  other  two-wheeled  carriage  of  burthen,  eighteen  cents  and  three 
quarters ;  and  the  further  sum  of  twelve  cents  and  a  half  for  each  horse 
or  other  beast,  more  than  one,  by  which  the  same  shall  be  drawn;  for 
each  sheep  or  swine,  three  cents;  for  horses  and  neat  cattle,  other  than 
those  in  teams,  drawing  sleds,  sleighs,  or  carriages,  or  those  with  riders, 
six  cents  and  a  quarter  each ;  and  one  person  only  to  each  team  or  drove 
shall  be  allowed  to  pass  free  of  toll :  Provided,  that  no  toll  shall  be  exacted 
at  said  bridge,  for  the  passage  of  any  wagon  or  carriage,  laden  with  the 
property  of  the  United  States,  or  for  the  drivers  thereof;  or  for  the  pas- 
sage of  any  troops  of  the  United  States,  or  the  militia  of  any  state,  or 
the  district  of  Columbia,  marching  in  a  body,  or  any  cannon  or  military 
equipments  belonging  to  the  United  States;  and  it  shall  be  the  duty  of 
the  said  company,  to  keep  posted  up  in  some  conspicuous  |^ace  on  the 
said  bridge,  where  the  toll  is  collected,  a  printed  list  of  the  rates  of  toll 
allowed  by  this  act ;  and  for  every  day  the  same  shall  be  neglected,  they 
shall  forfeit  and  pay  one  doUar,  to  be  recovered  by  warrant,  by  any  per- 
son who  shall  sue  for  the  same :  Provided  also,  that  if  the  number  of 
nineteen  hundred  shares  shall  not  be  subscribed  within  one  year  from 
the  time  of  opening  subscription  books  by  the  commissioners,  as  herein 
before  directed,  or  if  the  said  bridge  and  wharves  be  not  erected  and 
built,  and  finished  and  completed,  as  required  by  this  act,  within  five 
years,  from  and  afler  the  first  day  of  October  next,  or  if  it  should  remain 
at  any  time  thereafter,  so  out  of  repair,  for  two  years,  as  to  be  unsafe  for 
travelling ;  then  and  in  that  case,  all  the  powers,  authority,  privileges, 
emoluments,  and  immunities  whatsoever,  by  this  act  granted  to  the  said 
company,  shall  cease  and  determine,  and  become  absolutely  forfeited. 

Sec.  13.  And  be  it  Jurther  enacted.  That  it  shall  be  the  duty  of  the 
said  corporation,  as  long  as  they  shall  be  entided  to  receive  toll  at  the 
said  bridge,  to  keep  the  same  in  good  repair ;  and  if  in  neglect  of  their 
said  duty,  the  said  corporation  shall  at  any  time  suffer  the  said  bridge  to 
be  out  of  repair,  so  as  to  be  unsafe  or  inconvenient  for  passengers,  the 
said  corporation  shall  be.  liable  to  be  presented  for  such  neglect,  before 
any  court  of  competent  jurisdiction,  and  upon  conviction  thereof,  to  pay 
to  the  United  States  a  penalty  not  exceeding  five  hundred  dollars,  at  the 
discretion  of  the  court ;  and  shall  also  be  responsible  for  all  damages 
which  may  be  sustained  by  any  person  or  persons  in  consequence  of  such 
want  of  repair,  to  be  recovered  in  an  action  or  actions  of  trespass  on  the 
case,  in  any  court  competent  to  try  the  same. 

Sec.  14.  And  be  it  further  enacted,  That  the  toll  to  be  taken  at  the  said 
bridge  shall  be  receivable  by  the  said  corporation,  for  and  during  the 
term  of  sixty  years,  to  commence  from  the  day  when  the  said  bridge 
shall  be  opened  for  passengers;  afler  which  time  the  said  bridge  shall  be 
the  property  of  the  United  States,  and  the  said  corporation  be  dissolved. 

Approved,  February  5,  1808. 


ToUf. 


PrOTMo,  Uiat 
DO  toll  be  ex- 
acted for  the 
pMwge  of  any 
wagon  or  car- 
riage laden  with 
the  property  of 
the  U.  States,  or 
of  any  troop  of 
the  U.  Sutes  or 
militia  of  any 
aute. 

Proviso,  if 
nineteen  hun- 
dred shares  are 
not  subscribed 
in  one  year,  and 
if  the  bridge  be 
not  completed 
in  five  years,  &c. 
the  authorities, 
&c.  of  this  act 
to< 


Bridge  to  be 
kept  in  good  or. 
der. 


Penalty. 


Limitation  of 
tolls. 


2q2 


46S! 


TENTH  CONGRESS.    Sess.  I.  Cb.  16, 17.    1808. 


BTATimB  I. 

Feb.  10,  1808. 


Lighthouse 
to  be  baiJt  on 
Point  Judith. 


Proviso. 
Approprimtion. 


Lighthouse  to 
be  so  construct- 
ed 18  that  the 
light  may  be  dis- 
tinguished. 


Statute  L 


Feb.  10,  1808. 


Specific  ap- 
propriations. 


Chap.  XVI. — jin  Jid  to  erect  a  Lighthouse  on  Point  Judith^  in  the  itate  of  Mode 

Island, 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  Secretary  of  the 
Treasury  shall  be,  and  he  hereby  is  authorized  and  required,  to  cause  a 
good  and  sufficient  lighthouse  to  be  erected  on  Point  Judith,  in  the  state 
of  Rhode  Island,  land  to  appoint  the  keeper  of  the  said  lighthouse,  under 
the  direction  of  the  President  of  the  United  States,  and  otherwise  to 
provide  for  such  lighthouse  at  the  expense  of  the  United  States:  Pro- 
vided, that  sufficient  land  for  accommodation  of  such  lighthouse  can  be 
obtained  at  a  reasonable  price,  and  the  legislature  of  Rhode  Island  shall 
cede  the  jurisdiction  over  the  same  to  the  United  States.  And  the  sum 
not  exceeding  five  thousand  dollars  is  hereby  appropriated  for  the  pur- 
pose of  defraying  the  expense  of  erecting  the  said  lighthouse;  to  be  paid 
out  of  any  monies  in  the  treasury  not  otherwise  appropriated. 

Sec.  2.  And  be  it  farther  enacted.  That  it  shall  be  the  duty  of  the 
Secretary  of  the  Treasury,  to  cause  the  said  lighthouse  to  be  so  con- 
structed, that  the  light  on  being  discovered,  may  with  certainty  be  dis- 
tinguished from  that  of  other  lighthouses,  heretofore  erected  in  its 
neighbourhood. 

Approved,  February  10,  1808. 


Chap.  XVII.-^vfn  Ad  making  appropriations  for  the  support  of  Gooernntctit 
during  the  year  one  thousand  eight  hundred  and  eight. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  for  the  expenditures 
of  the  civil  list  in  the  year  one  thousand  eight  hundred  and  eight,  in- 
cluding the  contingent  expenses  of  the  severd  departments  and  offices; 
for  the  compensation  of  the  several  loan  officers  and  their  clerks,  and  for 
books  and  stationery  for  the  same ;  for  the  payment  of  annuities  and 
grants;  for  the  support  of  the  mint  establishment;  for  the  expenses  of 
intercourse  with  foreign  nations;  for  the  support  of  lighthouses,  beacons, 
buoys,  and  public  piers ;  for  defraying  the  expenses  of  surveying  the 
public  lands,  and  for  satisfying  certain  miscellaneous  claims,  the  following 
sums  be,  and  the  same  hereby  are  respectively  appropriated,  that  is  to 
say: 

For  compensation  granted  by  law  to  the  members  of  the  Senate  and 
House  of  Representatives,  their  officers  and  attendants,  estimated  for  a 
session  of  four  months  and  a  half  continuance,  two  hundred  and  one 
thousand  four  hundred  and  twenty-five  dollars. 

For  the  expense  of  firewood,  stationery,  printing,  and  all  other  con- 
tingent expenses  of  the  two  houses  of  Congress,  twenty-nine  thousand 
two  hundred  dollars. 

For  all  contingent  expenses  of  the  library  of  Congress,  and  the  libra- 
rian's allowance  for  the  year  one  thousand  eight  hundred  and  eight,  eight 
hundred  dollars. 

For  compensation  to  the  President  and  Vice  President  of  the  United 
States,  thirty  thousand  dollars. 

For  compensation  to  the  Secretary  of  State,  clerks  and  persons  ero- 
fJoyed  in  that  department,  thirteen  thousand  dollars. 

For  the  incidental  and  contingent  expenses  of  the  said  department, 
four  thousand  two  hundred  dollars. 

For  printing  and  distributing  copies  of  the  laws  of  the  first  session  of 
the  tenth  Congress,  and  printing  the  laws  in  newspapers,  eight  thousand 
two  hundred  and  fifly  dollars. 

For  special  messengers  charged  with  despatches,  two  thousand  dollars. 


TENTH  CONGRESS.    Sess.  I.  Gh.  17.    1908.  463 

For  compensation  to  the  Secretary  of  the  Treasury,  clerks  and  per-      Specific  ip. 
sons  employed  in  his  office,  sixteen  thousand  seven  hundred  dollars.       propnationi. 

For  the  expense  of  translating  foreign  languages,  allowance  to  the 
person  employed  in  receiving  and  transmitting  passports  and  sea  letters, 
stationery  and  printing,  one  thousand  dollars. 

For  compensation  to  the  comptroller  of  the  treasury,  clerks  and  per- 
sons employed  in  his  office,  twelve  thousand  nine  hundred  and  seventy- 
seven  dollars. 

For  expense  of  stationery,  printing,  and  incidental  and  contingent 
expenses  of  the  comptroller's  office,  eight  hundred  dollars. 

For  compensation  to  the  auditor  of  the  treasury,  derks  and  persons 
employed  in  his  office,  twelve  thousand  two  hundred  and  twenty-one 
dollars. 

For  expense  of  stationery,  printinff,  and  incidental  and  contingent 
expenses  in  the  office  of  the  auditor  of  the  treasury,  five  hundred  dollars. 

For  compensation  to  the  treasurer,  clerks  and  persons  employed  in 
his  office,  six  thousand  two  hundred  and  twenty-seven  dollars  and  forty- 
five  cents. 

For  expense  of  stationery,  printing,  and  incidental  and  contingent 
expenses  in  the  treasurer's  office,  three  hundred  dollars. 

For  compensation  to  the  register  of  the  treasury,  clerks  and  persons 
employed  in  his  office,  sixteen  thousand  and  fifly-two  dollars  and  two 
cents. 

For  expense  of  stationery  and  printing  in  the  register's  office,  (includ- 
ing books  for  the  public  stocks,  and  for  the  arrangement  of  the  marine 
papers,)  two  thousand  eight  hundred  dollars. 

For  purchasing  books,  maps  and  charts,  for  the  use  of  the  treasury 
department,  four  hundred  dollars. 

For  fuel  and  other  contingent  expenses  of  the  treasury  department, 
four  thousand  dollars. 

For  defraying  the  expenses  of  stating  and  printing  the  public  accounts 
for  the  year  one  thousand  eight  hundred  and  eight,  one  thousand  two 
hundred  dollars. 

For  compensation  to  a  superintendent  employed  to  secure  the  build- 
ings and  records  of  the  treasury,  during  the  year  one  thousand  eight 
hundred  and  eight,  including  the  expense  of  two  watohmen,  and  for  the 
repair  of  two  fire  engines,  buckets,  lanterns,  and  other  incidental  ex- 
penses, one  thousand  one  hundred  dollars. 

For  compensation  to  the  secretary  of  the  commissioners  of  the  sink- 
ing fund,  two  hundred  and  fifty  dollars. 

For  compensation  to  the  Secretary  of  War,  clerks  and  persons  em- 
ployed in  his  office,  eleven  thousand  two  hundred  and  fifty  dollars. 

For  expense  of  fuel,  stationery,  printing,  and  other  contingent  ex- 
penses of  the  office  of  the  Secretary  of  War,  one  thousand  doUars. 

For  compensation  to  the  accountant  of  the  war  department,  clerks 
and  persons  employed  in  his  office,  ten  thousand  nine  hundred  and  ten 
dollars. 

For  contingent  expenses  in  the  office  of  the  accountant  of  the  war 
department,  one  thousand  dollars. 

For  compensation  to  clerks  employed  in  the  paymaster's  office,  one 
thousand  eight  hundred  dollars. 

For  fuel  in  the  said  office,  ninety  dollars. 

For  compensation  to  the  purveyor  of  public  supplies,  clerks  and  per- 
sons employed  in  his  office,  and  for  expense  of  stationery,  store  rent, 
and  fuel  for  the  said  office,  four  thousand  six  hundred  dollars. 

For  compensation  to  the  Secretary  of  the  Navy,  clerks  and  persons 
employed  in  his  office,  nine  thousand  eight  hundred  and  ten  dollars. 

For  expense  of  fuel,  stationery,  printing,  and  other  contingent  ex- 
penses in  the  office  of  Secretary  of  the  Navy,  two  thousand  dollara 


464  TENTH  CONGRESS.    Sess.  I.  Ch.  17.    1808. 

Spceifie  ip.  For  compensation  to  the  accountant  of  the  navy,  clerks  and  persons 
propriatioiM.       employed  in  his  office,  ten  thousand  four  hundred  and  ten  dollars. 

For  continffent  expenses  in  the  office  of  the  accountant  of  the  navy, 
five  hundred  dollars. 

For  compensation  to  the  Postmaster-Oeneral,  to  the  assistant  Post- 
master-Oeneral,  derks  and  persons  emjdoyed  in  the  Postmaster-Oen- 
eral's  office,  sixteen  thousand  dollars. 

For  expense  of  fuel,  candles,  house  rent  for  the  messenger,  stationery, 
chests,  &c.  two  thousand  five  hundred  dollars. 

For  compensation  to  the  several  loan  officers,  thirteen  thousand  two 
hundred  and  fifty  dollars. 

For  compensation  to  the  clerks  of  the  several  commissioners  of  loans, 
and  for  an  allowance  to  certain  loan  officers,  in  lieu  of  clerk  hire,  and 
to  defray  the  authorized  expenses  of  the  several  loan  offices,  fifteen  thou- 
sand doilars. 

For  compensation  to  the  surveycHr-general,  and  for  his  clerks,  three 
thousand  two  hundred  ddlars. 

For  compensation  to  the  surveyor  of  lands  south  of  the  state  of 
Tennessee,  derks  employed  in  his  office,  stationery  and  other  contin- 
gencies, three  thousand  two  hundred  dollars. 

For  compensation  to  the  officers  of  the  mint: 

The  director,  two  thousand  ddlars. 

The  treasurer,  one  thousand  two  hundred  dollars. 

The  assayer,  one  thousand  five  hundred  ddlars. 

The  chief  coiner,  one  thousand  five  hundred  ddlars. 

The  mdter  and  refiner,  one  thousand  five  hundred  ddlars. 

The  engraver,  one  thousand  two  hundred  dollars. 

One  derk  at  seven  hundred  ddlars. 

And  two  derks  at  five  hundred  dollars  each. 

For  the  wages  of  persons  employed  in  the  different  branches  of 
mdting,  coining,  carpenter's,  millwright's,  and  smith's  work,  including 
the  sum  of  one  thousand  dollars  per  annum,  dlowed  to  an  assistant 
coiner  and  die  forger,  who  dso  oversees  the  execution  of  the  iron  works, 
eight  thousand  and  fifty  ddlars. 

For  the  repairs  of  fiirnaces,  cost  of  roUers  and  screws,  timber,  bar 
iron,  lead,  sted,  potash,  and  for  all  other  contingencies  of  the  mint, 
two  thousand  eight  hundred  and  fifty  dollars. 

For  compensation  to  the  governor,  judges,  and  secretary  of  the  terri- 
tory of  Orleans,  thirteen  thousand  dollars. 

For  incidental  and  contingent  expenses  of  the  executive  officers  of 
the  said  territory,  and  for  express  hire,  and  compensation  of  an  Indian 
interpreter,  two  thousand  eight  hundred  and  fifty  dollars. 

For  compensation  to  the  governor,  judges,  and  secretary  of  the  Mis- 
sissippi territory,  including  additional  compensation  allowed  the  judges 
for  the  year  one  thousand  eight  hundred  and  seven,  nine  thousand  four 
hundred  dollars. 

For  expense  of  stationery,  office  rent,  and  other  contingent  expenses 
in  said  territory,  induding  a  deficiency  in  the  appropriation  fur  these 
objects  in  the  year  one  thousand  eight  hundred  and  seven,  six  hundred 
and  fifty  dollars. 

For  compensation  to  the  governor,  judges,  and  secretary  of  the  Indiana 
territory,  induding  additiond  compensation  allowed  to  the  judges  for  the 
year  one  thousand  eight  hundred  and  seven,  seven  thousand  eight  hun- 
dred ddlars. 

For  expense  of  stationery,  office  rent,  and  other  contingent  expenses 
of  the  said  territory,  three  hundred  and  fifty  dollars. 

For  compensation  to  the  governor,  judges,  and  secretary  of  the  Mich- 
igan territory,  including  additiond  compensation  dlowed  to  the  judges 
for  the  year  one  thousand  eight  hundred  and  seven,  seven  thousand  eight 
hundred  dollars. 


TENTH  CONGRESS.    Sbss.  I.  Ch.  17.    180a  465 

For  expenses  of  stationery,  office  rent,  and  other  contingent  expenses        Spepifie  ap. 
of  the  said  territory,  three  hundred  and  fifty  dollars.  propriations. 

For  compensation  to  the  governor,  judges,  and  secretary  of  the  Loui- 
uana  territory,  including  additional  compensation  allowed  lo  the  judges 
for  the  year  one  thousand  eight  hundred  and  seven,  seven  thousand  eight 
hundred  dollars. 

For  expense  of  stationery,  office  rent,  and  other  contingent  expenses 
of  the  said  territory,  three  hundred  and  fifty  dollars. 

For  the  discharge  of  such  demands  against  the  United  States,  on 
account  of  the  civil  department,  not  otherwise  provided  for,  as  shall 
have  been  admitted  in  a  due  course  of  settlement  at  the  treasury,  two 
thousand  dollars. 

For  additional  compensation  to  the  clerks  of  the  several  departments  l^  oh-  41- 
of  state,  treasury,  war,  and  navy,  and  of  the  general  post-office,  not 
exceeding,  for  each  department  respectively,  fifteen  per  centum,  in  addi- 
tion to  the  sums  allowed  by  the  act,  intituled  *'  An  act  to  regulate  and 
fix  the  compensation  of  clerks,  and  to  authorize  the  laying  out  certain 
public  roads,  and  for  other  purposes,"  thirteen  thousand  two  hundred 
and  sixty-nine  dollars  and  thirty-three  cents. 

For  compensation  granted  by  law  to  the  chief  justice,  associate  judges, 
and  district  judges  of  the  United  States,  including  the  chief  justice,  and 
two  associate  judges  of  the  district  of  Columbia ;  to  the  attorney  gene- 
ral, and  to  the  district  judge  of  the  territory  of  Orleans,  fifty-nine  thou- 
sand four  hundred  dollars. 

For  the  like  compensation  granted  to  the  several  district  attornies  of 
the  United  States,  three  thousand  four  hundred  dollars. 

For  compensation  to  the  marshals  of  the  districts  of  Maine,  New 
Hampshire,  Vermont,  Kentucky,  Ohio,  East  and  West  Tennessee,  and 
Orleans,  one  thousand  six  hundred  dollars. 

For  defraying  the  expenses  of  the  supreme,  circuit,  and  district  courts 
of  the  United  States,  including  the  district  of  Columbia,  and  of  jurors 
and  witnesses,  in  aid  of  the  runds  arising  fi-om  fines,  forfeitures,  and 
penalties,  and  likewise  for  defraying  the  expenses  of  prosecutions  for 
offences  against  the  United  States,  and  for  safe  keeping  of  prisoners, 
forU  thousand  dollars. 

For  the  payment  of  sundry  pensions  granted  by  the  late  government, 
eight  hundred  and  sixty  dollars. 

For  the  payment  of  the  annual  allowance  to  the  invalid  pensioners  of 
the  United  States,  firom  the  fifth  of  March  one  thousand  eight  hundred 
and  eight,  to  the  fourth  of  March  one  thousand  eight  hundred  and  nine, 
ninety-eight  thousand  dollars. 

For  the  maintenance  and  support  of  ^ghthouses,  beacons,  buoys,  and 
public  piers,  stakeages  of  channels,  bars,  and  shoals,  and  certain  con- 
tingent expenses,  including  repairs  and  raising  Newport  lighthouse, 
eighty-five  thousand  dollars. 

ror  erecting  lighthouses  at  the  mouth  of  the  Mississippi  river,  and  at 
or  near  the  pitch  of  Cape  Look-out,  in  North  Carolina,  a  former  appro- 
priation of  twenty  thousand  dollars  for  those  objectB,  having  been  carried 
to  the  surplus  fund,  twenty  thousand  dollars. 

For  erecting  a  lighthouse  on  the  south  point  of  Cumberland  island,  in 
the  state  of  Georgia,  a  former  appropriation  of  four  thousand  dollars  for 
that  object  having  been  carried  to  the  surplus  fund,  four  thousand 
dollars. 

For  erecting  a  lighthouse  on  Cape  Hatteras,  and  beacon  on  Shell- 
casde  island,  in  addition  to  the  sums  heretofore  appropriated  for  those 
objects,  one  thousand  one  hundred  and  forty-five  dollars,  and  forty-four 
centSL 

For  erectinf^  the  foUowing  lighthouses,  in  addition  to  the  sums  here- 
tofore appropriated  for  them  re^>ectively,  that  is  to  say :  for  erecting  a 

Vol.  U.— 60 


TENTH  CONGRESS.    Sob.  I.  Cb.  la    1803. 


n0O»  ch.  84. 


Statute  I. 


fi^hoofe  on  New-Point  Comlbft,  in  Virginia,  one  hundred  Mndmeweoij^ 
0eren  dollars  and  twenty  cents. 

For  erecting  lighthouses  on  Long  Uand  sound,  one  tboosand  doHara. 

For  erecting  a  lighthouse  on  Wood  Idand  or  Fleleher^s  neck,  one 
hundred  dollars. 

For  erecting  a  double  lighthouse  at  or  near  Chatham  harhor,  on  the 
back  of  Cape  Cod,  two  thousand  dollars. 

For  {facing  buoys  and  beacons  in  or  near  the  rocks  and  shoals  in  the 
channel  leading  into  the  harbor  of  Salem,  in  Massachusetts,  in  addition 
to  the  sum  heretofore  appropriated  fiir  that  object,  five  tboiBand  dollars. 

For  the  expenses  of  the  boards  formed  in  the  territories  of  Orleans 
and  Louisiana,  for  investigating  and  adjusting  titles  and  claims  to  land, 
in  addition  to  the  sum  l^retofore  appropriated  for  that  object,  thirty- 
three  thousand  three  hundred  dollars. 

For  carryihg  on  the  surreys  of  the  pubfic  lands  in  the  several  territo- 
ries, twenty-one  thousand  one  hundred  and  seventy-four  dollars. 

For  the  contingent  expenses  of  government,  the  balance  of  former 
appropriations  for  that  object  having  been  carried  to  the  surplus  fund, 
twenty  thousand  dollars. 

For  expenses  of  intercourse  with  foreign  nations,  thirty-three  thou- 
sand and  fifty  dollars. 

For  contingent  expenses  of  intercourse  with  foreign  nations,  twenty 
thousand  dollars. 

For  expenses  of  intercourse  with  the  Barbary  powers,  fifty  thousand 
dollars. 

For  contingent  expenses  of  intercourse  with  the  Barbary  powers,  fifty 
thousand  dollars. 

For  the  relief  and  protection  of  distressed  American  seamen,  five 
thousand  dollars. 

For  expenses  of  prosecuting  claims  in  relation  to  captures,  twelve 
thousand  five  hundred  dollars. 

For  the  discharge  of  such  miscellaneous  claims  against  the  United 
States,  not  otherwise  provided  for,  as  shall  have  been  admKted  in  due' 
course  of  settlement  at  the  treasury,  four  thousand  dollars. 

Sec.  2.  And  be  it  further  enacted.  That  the  several  appropriations 
herein  before  made,  shall  be  paid  and  discharged  out  of  the  fund  of  six 
hundred  thousand  dollars,  reserved  by  an  act  making  provision  for  the 
debt  of  the  United  States,  and  out  of  any  monies  in  the  treasury,  not 
otherwise  appropriated. 

Approved,  February  10,  1808. 


Feb.  10, 1808.     Chap.  X  VI II Jn  Jcl  making  appropriatiomfor  the  tupporl  of'  '^  -^fl»y  <f  ihe 

United  Slates,  during  the  year  one  thousand  eight  hundred  and  eight. 


[Obtolete.] 
Specifio    ap' 
proprlationi. 


Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  for  defraying  the  ex- 
penses of  the  navy  of  the  United  States,  during  the  year  one  thousand 
eight  hundred  and  eight,  the  following  sums  be,  and  the  same  hereby 
arc,  respectively,  appropriated ;  that  is  to  say : 

For  the  pay  and  subsistence  of  the  officers,  and  pay  of  the  seamen, 
three  hundred  and  sixty-eight  thousand  and  forty-eight  dollars. 

For  provisions,  one  hundred  and  sixty-two  thousand  seven  hundred 
and  sixty-five  dollars  and  ten  cents. 

For  medicines,  instruments  and  hospital  stores,  five  thousand  dollars. 

For  repairs  of  vessels,  one  hundred  and  ninety-five  thousand  dollars. 

For  freight,  store  rent,  commissions  to  agents  and  other  contingent 
expenses,  seventy-five  thousand  dollars. 

For  pay  and  subsistence  of  the  marine  corps,  including  provisions  for 


TENTH  CONGRESS.    Sesb.  I.  Ch.  19, 20.     1808. 


467 


those  on  shore,  and  forage  for  the  staff,  one  hundred  and  sixty  thousand 
one  hundred  and  thirty-one  dollars  and  ninety  cents. 

For  clothing  for  the  same,  twenty-nine  thousand  nine  hundred  and 
thirty-three  dollars  and  eighty  cents. 

For  mditary  stores  for  the  same,  nine  thousand  six  hundred  and  fifty- 
four  dollars. 

For  medicine,  medical  services,  hospital  stores  and  all  other  expenses 
on  account  of  the  sick  belonging  to  the  marine  corps,  two  thousand 
dollars. 

For  quartermaster's  and  barrack-master's  stores,  officer's  travelling 
expenses,  armorer's  and  carpenter's  bills,  fuel,  premiums  for  enlisting, 
musical  instruments,  bounty  to  music,  and  other  contingent  expenses, 
.fourteen  thousand  and  thirty-five  dollars. 

For  the  expense  of  navy  yards,  comprising  docks  and  other  improve- 
ments, pay  of  superintendents,  storekeepers,  clerks  and  labourers,  sixty 
thousand  dollars. 

For  ordnance,  fifty  thousand  dollars. 

Sec.  2.  And  be  it  Jurther  enacted,  That  the  several  sums  herein  spe- 
fically  appropriated  shall  be  paid  out  of  any  monies  in  the  treasury,  not 
otherwise  appropriated. 

Approved,  February  10,  1808. 


Speeilie    i^ 
propnationi. 


Statutb  !• 


Chap.  XIX.— ^n  Jlet  to  revive  and  continue  certain  eawee  and  proeeedinge  in  the    Feb.  10, 180S. 
JHatriet  Court  cf  the  District  if  Columbia. 


Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  all  causes,  suits,  actions, 
writs,  process  and  proceedings,  which  were  pending  in  the  district  court 
of  the  district  of  Columbia  at  the  time  appointed  by  law  for  holding  a 
session  thereof,  on  the  first  Tuesday  of  October  last  past,  or  which  were 
returnable  to  the  session  of  the  said  court  which  ought  to  have  been 
holden  on  the  first  Tuesday  of  October,  shall  be,  and  the  same  are  hereby 
revived,  reinstated  and  continued  over  to  the  next  stated  session  of  the 
said  court,  to  be  holden  on  the  first  Tuesday  of  April  next,  in  the  same 
manner  and  condition,  and  the  same  further  proceedings  may  be  had 
therein,  as  if  a  session  of  the  said  court  had  been,  on  the  said  first  Tues- 
day of  October,  holden  according  to  law,  and  as  if  a  regular  continu- 
ance of  an  the  said  causes,  suits,  actions,  writs,  process  and  proceedings 
had  been  duly  entered  upon  the  records  of  the  said  court 

Approved,  February  10,  1808. 


[Obsolete.] 
Cmusea,  &c.^ 
&c.  pending  in 
district  court  of 
the  District  of 
Columbia  con- 
tinued over  from 
last  October  to 
next  April  term. 


Chap.  XX.'—Jln  det  making  apprcpriationafor  carrying  into  iffeid  certain  Indian 

Treaties. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  for  the  purpose  of 
carrying  into  effect  a  treaty  between  the  United  States  and  the  Choc- 
taw nation  of  Indians,  concluded  at  Pooshapukanuk,  in  the  Choctaw 
country,  on  the  sixteenth  day  of  November,  one  thousand  eight  hundred 
and  five,  the  following  sums  be,  and  the  same  hereby  are  appropriated, 
in  conformity  with  the  stipulations  contained  in  the  said  treaty,  that  is  to 
say: 

To  the  said  Choctaw  nation,  fifty  thousand  five  hundred  dollars,  and 
the  further  annual  sum  of  three  thousand  dollars. 

To  each  of  the  three  great  Medal  Mingoes,  Pukshunnubbee,  Mingo 
Hoomastubbee  and  Pooshamattaha,  five  hundred  dollars,  and  a  further 
annual  sum  of  one  hundred  and  fifty  dollars  to  each  of  the  said  Mingoes 
during  his  continuance  in  office. 


Statdtb   I. 
Feb.  19,  1808. 


[Obsolete.] 


Specific    ap- 
propriationi. 


408 


TENTH  CONGRESS.    Bua.  I.  Cb.  21, 32.    180a 


0p6eHle    ip* 
proprUtioiw. 


8TATVTX  I. 

Feb.  19,  1808. 

[Obsolete.] 
AccounU  of 
pertODt  haviDg 
claima  against 
the  U.Sutesfor 
eipenses  autho- 
rised io  the  in- 
quiry into  the 
conduct  of  John 
Smith,  (Senator) 
to  be  settled 
and  paid. 


Per  diem  al- 
lowance to  wit- 


Appropriation. 


Statvix  I. 


Sec.  2.  And  be  it  further  enacted.  That  for  the  purpose  of  carrying 
into  effect  a  treaty  between  the  United  States  and  the  Ottoway,  Chip- 
peway,  Wyandotte  and  Pottawatamie  nations  of  Indians,  concluded  at 
Detroit  on  the  seventeenth  day  of  NoTember,  in  the  year  one  thousand 
eight  hundred  and  seven,  the  following  sums  be,  and  the  same  hereby 
are  appropriated,  in  conformity  with  the  stipulations  contained  in  the 
said  treaty,  that  is  to  say : 

Ten  thousand  dollars  to  be  paid  to  the  said  nations  in  the  following 
proportions : 

To  the  Ottoway  nation  three  thousand  three  hundred  and  thirty-three 
dollars  thirty-three  cents  and  four  mills. 

To  the  Chippeway  nation  three  thousand  three  hundred  and  thirty-three 
dollars  thirty-tnree  cents  and  four  mills. 

To  the  Wyandotte  nation  one  thousand  six  hundred  and  sixty-six 
dollars  sixty-six  cents  and  six  mills. 

To  the  Pottawatamie  nation  one  thousand  six  hundred  and  sixty-six 
dollars  sixty-six  cents  and  six  mills;  and  the  further  annual  sum  of 
two  thousand  four  hundred  dollars,  to  be  paid  to  the  said  nations  in 
the  following  proportions : 

To  the  Ottoways  eight  hundred  dollars. 

To  the  Chippeways  eight  hundred  dollars. 

To  the  Wyaiidottes  four  hundred  dollars :  and  to  such  of  the  Pottawa- 
tamies  as  now  reside  on  the  river  Huron  of  Lake  Erie,  the  river  Raisin, 
and  in  the  vicinity  of  the  said  rivers,  four  hundred  dollars. 

Sec.  3.  And  be  it  fitrther  enacted,  That  the  several  sums  appropriated 
by  this  act,  shall  be  paid  out  of  any  monies  in  the  treasury,  not  otherwise 
appropriated. 

Approved,  February  19, 1808. 


Chap.  XXl.—jStn  Ad  to  provide  for  the  payment  tf  certain  expemee  incurred  in 
the  inquiry  into  the  conduct  if  John  Smith,  a  Senator  from  the  etate  cf  Ohio. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  Thfit  the  accounting  officers 
of  the  treasury  be,  and  they  are  hereby  directed  to  audit  and  settle  the 
accounts  of  all  persons  who  may  have  claims  against  the  United  States, 
for  expenses  incurred  in  the  inquiry  into  the  conduct  of  John  Smith,  a 
Senator  of  the  United  States,  from  the  state  of  Ohio,  as  an  alleged  asso- 
ciate of  Aaron  Burr;  which  expenses  may  have  been  authorized  by  the 
committee  of  inquiry,  or  by  order  of  the  Senate :  Provided,  that  the  said 
accounts  shall  have  been  first  certified  by  the  chairman  of  the  committee, 
or  by  the  secretary  of  the  Senate. 

Src.  2.  And  be  it  farther  enacted.  That  to  every  witness  before 
the  said  committee  of  inquiry,  or  before  the  Senate  upon  the  said  inquiry, 
there  shall  be  allowed  and  paid  for  every  day's  attendance  thereon,  the 
sum  of  three  dollars.  And  to  defray  the  said  expenses,  there  is  hereby 
appropriated  the  sum  of  five  hundred  dollars,  to  be  paid  from  any  monies 
in  the  treasury,  not  otherwise  appropriated. 

Approved,  February  19,  1808. 


Feb.  26, 1808.     Chap.  XXII.— ^n .^el  tnoAtW  additional  eampen»ation  to  the  Marshak  for  the 

DietrieU  rf  North  Carolina  and  New  Jerecy, 

Additional  Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 

toTh'T  mmhals  '^^^'^  ^f  ^^^rica  in  Congress  assembled.  That  from  and  af^er  the 

of  N.  Carolina  Iftst  day  of  March  next,  there  shall  be  paid  annually  to  the  marshal  for 

and  N.  Jersey,  the  district  of  North  Carolina,  the  sum  of  four  hundred  dollars ;  to  the 


TENTH  CONGRESS.  Sess.  I.  Ch.  24,  25.     1898. 


460 


marshal  for  the  district  of  New  Jersey,  the  sum  of  two  hundred  dollars, 
in  addition  to  the  fees  and  emoluments  heretofore  allowed  them  by  law. 
AppnoTED,  February  25,  1898. 


Statutb  I. 

Chap.  XXIV.«^n  AiU  exUniing  the  Hghi  cf  n^fragt  in  the  Indiana  territory, {a)    Feb.  36, 1808. 

Be  it  enacted  6y  the  Senate  and  House  of  Representatives  of  the  United 
States  of'  America  in  Congress  assembled,  That  every  free  white  male 
person  in  the  Indiana  territory,  above  the  ase  of  twenty-one  years,  hav- 
ing  been  a' citizen  of  the  United  States,  and  resident  in  the  said  terri* 
tory,  one  year  next  preceding  an  election  of  representatives,  and  who  has 
a  legal  or  equitable  title  to  a  tract  of  land  of  the  quantity  of  fifty  acres, 
or  who  may  become  the  purchaser  from  the  United  States  of  a  tract  of 
land  of  the  quantity  of  fifty  acres,  or  who  holds  in  his  own  right  a  town 
lot  of  the  value  of  one  hundred  dollars,  shall  be  entitled  to  vote  for  repre- 
sentatives to  the  general  assembly  of  the  said  territory. 

AppnoTED,  February  26,  1808. 


[Olwolete.] 

QoalificAtioDi 
of  eleeton. 


Act  of  April 
19,  1816,  ch.  57. 


Statute  I. 


Artidet    not 
interdicted. 


Cbap.XXT. — Jin  Act  tupplementary  to  the  ad  intituled  ^^An  act  to  prohibit  the     Feb.  87, 1808. 
importation  cf  certain  goods,  wares  and  merehandiu,'**(J^  — ■ ; 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United  18, 1806,  ch.  29. 
States  of  America  in  Congress  assembled,  That  nothing  in  the  act  to 
which  this  is  a  supplement  shall  be  so  construed  as  to  prohibit  the  im- 
portation of  the  following  articles,  that  is  to  say : 

JFirst.  Wrappers  and  outside  packages,  in  which  goods,  the  importa- 
tion of  which  is  not  prohibited,  usuaUy  are  and  shall  be  wrapped  or  pack- 
ed, at  the  time  of  their  importation. 

Second,  Bags  or  sacks  in  which  salt  shall  be  imported. 

Third,  Glass  bottles  or  phials  in  which  drugs,  medicines,  or  any  other 
article,  the  importation  of  which  is  not  prohibited,  shaU  be  imported. 

Fourth,  Printed  books,  maps  and  charts. 

Fifth,  Watches,  tradesmen's  and  artificers'  tools ;  mathematical,  astro- 
nomical and  surgical  instruments;  gilt  buttons,  locks  and  all  other 
articles  manufactured  partly  of  brass,  and  partly  of  any  other  metal 

Sixth,  Shalloons  and  woollen  stufi,  muskets,  bayonets,  swords,  cutp 
lasses  and  pistols. 

Sec.  2.  And  be  it  further  enacted.  That  the  articles  of  the  following 
description  shall  be  held  and  considered  as  being  embraced  by  the 
description  of  articles,  the  importation  of  which  is  prohibited  by  the  act 
to  which  this  act  is  a  sup[dement,  that  is  to  say : 

All  articles  manufactured  entirely  of  silk  and  wool,  or  of  silk  and  flax, 
or  of  flai  and  wod ;  floor  cloths ;  woollen  cassimeres,  carpets,  carpet- 
ing and  mats,  whose  invoice  prices  shall  exceed  five  shillings  sterling 
per  square  yard. 

Sec.  3.  And  be  it  further  enacted.  That  no  articles  imported  on 
board  any  vessel  of  the  United  States,  cleared  out  before  the  four- 
teenth day  of  December  last,  from  any  port  within  the  United  States,  or 
the  territories  thereof,  shall  be  subject  to  the  prohibition  enacted  by  the 
act  to  which  this  act  is  a  supplement :  Provided,  that  such  vessels  which 
may  have  cleared  for  any  port  beyond  the  Cape  of  Good  Hope,  shall 
return  to  some  port  in  the  United  States,  or  its  territories,  within  twelve 
months :  And  provided,  that  such  vessels  as  shall  have  cleared  from  any 
other  port  shall  return  as  aforesaid  within  six  months  firom  the  said  four- 
teenth day  of  December. 

Approted,  February  27,  1808. 

(a)  Indiana  wai  incorporated  into  the  Union  by  the  act  of  April  19,  1816,  chap.  67. 
(ft)  Repealed  by  act  of  March  1,  1809,  chap.  24,  eee.  17. 

2R 


Articlea  pro- 
hibited. 


No  vetiel 
which  cleared 
out  from  the  U. 
Sutet  before 
December  14, 
1805,  subject  to 
this  Jaw,  &c. 


470 


TENTH  CONGRESS.    Sess.  I,  Cm.  26, 27.     1898. 


Statute  I. 
Feb.  29,  1S08. 

ReserTed 
lands    in    Ohio 
with  certain  ex- 
ceptions, to  be 
offered  for  sale. 

1807,  ch.  49. 


Such  sections 
to  be  previously 
offered  at  public 
■ale. 


No  reserved 
sections  to  be 
sold  at  less  than 
four  dollars  per 
acre. 


Statute  I. 


Chap.  XXVI. — An  Ad  making  further  provision  for  the  disposal  of  the  seetiong 
of  land  heretofore  reserved  for  the  future  disposition  tf  Congress, 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  all  the  sections  of  land 
heretofore  reserved  for  the  future  disposition  of  Congress,  not  sold  or 
otherwise  disposed  of,  and  lying  within  either  of  the  districts  established 
for  the  disposition  of  public  lands  in  the  state  of  Ohio,  with  the  excep- 
tion of  the  section  numbered  sixteen  of  the  salt  springs  and  lands 
reserved  for  the  use  of  the  same,  shall  be  offered  for  ssJe  in  that  district, 
within  which  such  reserved  sections  may  respectively  lie,  on  the  same 
terms,  and  under  the  same  regulations,  as  other  lands  in  the  same  district: 
Provided,  that  such  sections  shall  previously  be  offered  to  the  highest 
bidder,  at  public  sales,  to  be  held  under  the  superintendence  of  the  regis- 
ters and  receivers  of  public  monies  of  the  land-ofiices  respectively  to 
which  they  are  attached,  on  the  same  terms  as  have  been  provided  by 
law  for  the  public  sales  of  the  other  lands  of  the  United  States,  and  on 
such  day  or  days  as  shall,  by  a  proclamation  of  the  President  of  the  United 
States,  be  designated  for  that  purpose :  And  provided  also,  that  no  such 
heretofore  reserved  section  shall  be  sold  either  at  public  or  private  sale, 
at  a  less  price  than  four  dollars  per  acre. 

Approved,  February  29,  18(^. 


March  3,  1808.    Chap.  XXVII.— w^n  Act  making  appropriations  for  iJie  support  of  the  Military 
"■        establishment  of  the  United  States,  for  the  year  one  thousand  eight  hundred  and 
eight. 

Specific  ap.  Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
propriations.  States  of  America  in  Congress  assembled.  That  for  defraying  the  expense 
of  the  military  establishment  of  the  United  States,  for  the  year  one 
[Obsolete.]  thousand  eight  hundred  and  eight ;  for  the  Indian  department,  and  for 
the  expense  of  fortifications,  arsenals,  magazines  and  armories,  the  fol- 
lowing sums  be,  and  the  same  hereby  are  respectively  appropriated,  that 
is  to  say : 

For  the  pay  of  the  army  of  the  United  States,  three  hundred  and  two 
thousand  nine  hundred  and  fifly-two  dollars. 

For  forage,  four  thousand  six  hundred  and  eight  dollars. 

For  the  subsistence  of  the  army  and  corps  of  engineers,  two  hundred 
and  forty-two  thousand  five  hundred  and  forty-eight  dollars  and  thirty-five 
cents. 

For  clothing,  eighty-five  thousand  dollars. 

For  bounties  and  premiums,  fifteen  thousand  dollars. 

For  the  medical  and  hospital  departments,  fifleen  thousand  dollars. 

For  camp  equipage,  fuel,  tools  and  transportation,  ninety  thousand 
dollars. 

For  fortifications,  arsenals,  magazines  and  armories,  two  hundred  and 
eighteen  thousand  six  hundred  and  forty-two  dollars,  and  five  cents. 

For  purchasing  maps,  plans,  books,  and  instruments,  fifleen  hundred 
dollars. 

For  contingencies,  eighteen  thousand  dollars. 

For  ordnance,  forty-five  thousand  dollars. 

For  tents,  twenty  thousand  dollars. 

For  extra  transportation  of  military  stores,  twenty-five  thousand  dollars. 

For  the  Indian  department,  one  hundred  and  forty  thousand  six  hun- 
dred dollars. 

Sec.  2.  And  be  it  further  enacted.  That  the  several  sums  herein  spe* 
cifically  appropriated,  shall  be  paid  out  of  any  monies  in  the  treasury, 
not  otherwise  appropriated. 

Approted,  March  3, 1806. 


TENTH  CONGRESS.    Sess.  I.  Ch.  28, 29,  30.     1808. 


471 


Chap.  XXVIII.»-^n  Ad  to  allow  the  importation  of  old  copper,  taUpetre  and 
sulphur,  free  of  duty. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  Msembled,  ThsX  from  and  afier  the  thirty- 
first  day  of  March  next,  no  duty  shall  be  demanded  or  collected  on  the 
importation  of  old  copper,  which  term  shall  apply  only  to  such  copper 
manufactures  as  have  been  worn  out  or  otherwise  so  damaged  as  to  be 
unfit  for  any  other  purpose  than  that  of  supplying  a  raw  material,  to  be 
manufactured  anew.  And  it  shall  be  lawful  for  the  collector  of  the  port 
or  district  in  which  such  old  copper  shall  arrive,  should  any  doubt  arise 
whether  such  importation  comes  within  the  intent  and  meaning  of  tins  act, 
to  appoint  one  person,  and  the  owner,  importer,  or  consignee,  to  appoint 
another,  who  shall  ascertain  whether  the  copper  imported  comes  under 
the  denomination  of  old  copper,  as  above  described ;  and  the  proceed- 
ings in  this  instance  shall  be  conducted  in  the  like  manner  and  form  as 
the  proceedings  are  directed  to  be  had  by  the  fifly-second  section  of  the 
act  passed  the  second  of  March,  one  thousand  seven  hundred  and 
ninety-nine,  regulating  the  collection  of  duties  on  imports  and  tonnage, 
in  cases  of  incomplete  entry,  or  of  damage  sustained  by  goods,  wares 
and  merchandise  during  the  voyage. 

Sec.  2.  And  be  it  further  enacted,  That  from  and  after  the  said  thirty- 
first  day  of  March  next,  no  duty  shall  be  demanded  or  collected  on  the 
importation  of  saltpetre  or  sulphur. 

Approved,  March  4,  1808. 


STATirnE  I. 
March  4, 1808. 

[Obsolete.]. 

Old  copper 
may  be  import- 
ed free  from  du- 
ty aAer  March 
31,  1808. 


Persons  to 
determine  if  the 
article  imported 
is  within  the 
provision  of  this 
act. 


1799,  ch.SS, 
sec.  62. 


Saltpetre  and 
sulphur  may  al- 
so be  imoorted 
free  from  Guties. 


Statute  I. 


Chap.  XXIX. — Jin  jSct  in  further  addition  to  an  act  intituled  *«  Jin  act  to  amend   March  9,  1808. 
the  judicial  system  of  the  Untied  Staies.^*  


Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assanbled,  That  the  circuit  court  of 
the  United  States,  in  the  second  circuit,  shall  consist  of  the  justice  of 
the  supreme  court  residing  within  said  circuit,  and  the  district  judge  of 
the  district  in  which  such  court  may  be  holden. 

Sec.  2.  And  be  it  further  enacted.  That  within  the  district  of  Georgia, 
the  circuit  court  to  be  holden  in  the  month  of  December,  annually,  shall 
hereafter  be  holden  at  Milledgeville,  instead  of  Louisville. 

Sec.  3.  And  be  it  further  enacted,  That  instead  of  the  times  hereto- 
fore established  by  law  for  holding  the  fall  terms  of  the  district  court  for 
the  district  of  North  Carolina,  the  same  be  commenced  and  holden  in 
future  on  the  following  days,  that  is  to  say :  at  Wilmington,  in  and  for 
the  district  of  Cape  Fear,  on  the  third  Monday  of  October ;  at  Newbern, 
in  and  for  the  district  of  Pamptico,  on  the  Friday  next  after  the  third 
Monday  of  October,  and  at  Edenton,  in  and  for  the  district  of  Albe- 
marle, on  the  first  Tuesday  which  shall  follow  the  Friday  next  after  the 
third  Monday  of  October,  annually.  And  that  all  actions,  suits,  writs, 
process,  pleadings,  and  other  proceedings  commenced,  or  to  be  com- 
menced, or  which  shall  be  now  pending  in  any  of  the  district  courts  of 
the  district  of  North  Carolina,  for  the  terms  aforesaid,  shall  be  continued 
over  and  have  day  according  to  the  alterations  hereby  made  and  estab- 
lished, any  thing  in  any  former  act  or  acts  to  the  contrary  notwith- 
standing. 

Approved,  March  9,  1808. 


Crap.  XXX.»-^n  Act  for  extending  the  terms  of  credit  on  revenue  bonds  in  cer* 
tain  cases,  and  for  other  purposes* 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  payment  of  all  bonds 


Act  of  April 
29,lS02,ch.31. 
Of  what  judges 
the  circuit  court 
of  the  second 
circuit  shall  be 
composed. 

December 
term  of  circuit 
court  for  Geor- 
gia district  to  be 
held  at  Mil- 
ledgeville. 

Act  of  Feb.  4, 
1807,  ch.  6. 

Terms  of  the 
district  court  of 
N.  Carolina 
chsnged. 

Act    of  Jan. 
23, 1812, ch. 17. 


Causes,  &c. 
&c.  continued 
over,  accord- 
ingly. 


Statute  I. 

March  10, 1808. 

[Obsolete.] 
Act  of  March 

1, 1809,  ch.  24, 

sec.  7. 


462 


TENTH  CONGRESS.    Sess.  I.  Gh.  16, 17.    1806. 


Statutb  I. 
Feb.  10,  1808. 


Lighthoase 
to  be  buiJt  on 
Point  Judith. 


Proviso. 
Appropriation. 


Lighthoase  to 
be  to  coDBtruct. 
ed  as  that  the 
light  may  be  dis- 
tinguished. 


Statute  1. 


Chap.  X  VI.— ^n  Act  to  erect  a  Lighthouse  on  Point  Judith^  in  the  etate  of  Rhode 

Island. 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  Secretary  of  the 
Treasury  shall  be,  and  he  hereby  is  authorized  and  required,  to  cause  a 
good  and  sufficient  lighthouse  to  be  erected  on  Point  Judith,  in  the  state 
of  Rhode  Island,  and  to  appoint  the  keeper  of  the  said  lighthouse,  under 
the  direction  of  the  President  of  the  United  States,  and  otherwise  to 
provide  for  such  lighthouse  at  the  expense  of  the  United  States :  Pro^ 
vided,  that  sufficient  land  for  accommodation  of  such  lighthouse  can  be 
obtained  at  a  reasonable  price,  and  the  legislature  of  Rhode  Island  shall 
cede  the  jurisdiction  over  the  same  to  the  United  States.  And  the  sum 
not  exceeding  five  thousand  dollars  is  hereby  appropriated  for  the  pur- 
pose of  defraying  the  expense  of  erecting  the  said  lighthouse;  to  be  paid 
out  of  any  monies  in  the  treasury  not  otherwise  appropriated. 

Sec.  2.  And  be  it  further  enacted.  That  it  shall  be  the  duty  of  the 
Secretary  of  the  Treasury,  to  cause  the  said  lighthouse  to  be  so  con- 
structed, that  the  light  on  being  discovered,  may  with  certainty  be  dis- 
tinguished from  that  of  other  lighthouses,  heretofore  erected  in  its 
neighbourhood. 

Approved,  February  10,  1808. 


Specific  ap- 
propriations. 


Feb,  10,  1808.     Chap,  XVII.— v3n  Ad  making  appropriations  for  the  support  cf  Governntent 
during  ths  year  one  thousatid  eight  hundred  ana  eight. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  for  the  expenditures 
of  the  civil  list  in  the  year  one  thousand  eight  hundred  and  eight,  in- 
cluding the  contingent  expenses  of  the  severaJ  departments  and  offices; 
fur  the  compensation  of  the  several  loan  officers  and  their  clerks,  and  for 
books  and  stationery  for  the  same ;  for  the  payment  of  annuities  and 
grants;  for  the  support  of  the  mint  establishment;  for  the  expenses  of 
intercourse  with  foreign  nations ;  for  the  support  of  lighthouses,  beacons, 
buoys,  and  public  piers ;  for  defraying  the  expenses  of  surveying  the 
public  lands,  and  for  satisfying  certain  miscellaneous  claims,  the  following 
sums  be,  and  the  same  hereby  are  respectively  appropriated,  that  is  to 
say: 

For  compensation  granted  by  law  to  the  members  of  the  Senate  and 
House  of  Representatives,  their  officers  and  attendants,  estimated  for  a 
session  of  four  months  and  a  half  continuance,  two  hundred  and  one 
thousand  four  hundred  and  twenty-five  dollars. 

For  the  expense  of  firewood,  stationery,  printing,  and  all  other  con- 
tingent expenses  of  the  two  houses  of  Congress,  twenty-nine  thousand 
two  hundred  dollars. 

For  all  contingent  expenses  of  the  library  of  Congress,  and  the  libra- 
rian's allowance  for  the  year  one  thousand  eight  hundred  and  eight,  eight 
hundred  dollars. 

For  compensation  to  the  President  and  Vice  President  of  the  United 
States,  thirty  thousand  dollars. 

For  compensation  to  the  Secretary  of  State,  clerks  and  persons  em- 
ployed in  that  department,  thirteen  thousand  dollars. 

For  the  incidental  and  contingent  expenses  of  the  said  department, 
four  thousand  two  hundred  dollars. 

For  printing  and  distributing  copies  of  the  laws  of  the  first  session  of 
the  tenth  Congress,  and  printing  the  laws  in  newspapers,  eight  thousand 
two  hundred  and  fifty  dollars. 

For  special  messengers  charged  with  despatches,  two  thousand  dollars. 


TENTH  (X)NGRESS.    Sess.  I.  Ch.  17.    1S08.  463 

For  compensation  to  the  Secretary  of  the  Treasury,  clerks  and  per-      Specific  ap. 
sons  employed  in  his  office,  sixteen  thousand  seven  hundred  dollars.       propriations. 

For  the  expense  of  translating  foreign  languages,  allowance  to  the 
penon  employed  in  receiving  and  transmitting  passports  and  sea  letters, 
stationery  and  printing,  one  thousand  dollars. 

For  compensation  to  the  comptroller  of  the  treasury,  clerks  and  per- 
sons employed  in  his  office,  twelve  thousand  nine  hundred  and  seventy- 
seven  dollars. 

For  expense  of  stationery,  printing,  and  incidental  and  contingent 
expenses  of  the  comptroller's  office,  eight  hundred  dollars. 

For  compensation  to  the  auditor  of  the  treasury,  clerks  and  persons 
employed  in  his  office,  twelve  thousand  two  hundred  and  twenty-one 
dollars. 

For  expense  of  stationery,  printing,  and  incidental  and  contingent 
expenses  in  the  office  of  the  auditor  of  the  treasury,  five  hundred  dollars. 

For  compensation  to  the  treasurer,  clerks  and  persons  employed  in 
his  office,  six  thousand  two  hundred  and  twenty-seven  dollars  and  forty- 
five  cents. 

For  expense  of  stationery,  printing,  and  incidental  and  contingent 
expenses  in  the  treasurer's  office,  three  hundred  dollars. 

For  compensation  to  the  register  of  the  treasury,  clerks  and  persons 
employed  in  his  office,  sixteen  thousand  and  fifly-two  dollars  and  two 
cents. 

For  expense  of  stationery  and  printing  in  the  register's  office,  (includ- 
ing books  for  the  public  stocks,  and  for  the  arrangement  of  thQ  marine 
papers,)  two  thousand  eight  hundred  dollars. 

For  purchasing  books,  maps  and  charts,  for  the  use  of  the  treasury 
department,  four  hundred  dollars. 

For  fuel  and  other  contingent  expenses  of  the  treasury  department, 
four  thousand  dollars. 

For  defraying  the  expenses  of  stating  and  printing  the  public  accounts 
for  the  year  one  thousand  eight  hundred  and  eight,  one  thousand  two 
hundred  dollars. 

For  compensation  to  a  superintendent  employed  to  secure  the  build- 
ings and  records  of  the  treasury,  during  the  year  one  thousand  eight 
hundred  and  eight,  including  the  expense  of  two  watchmen,  and  for  the 
repair  of  two  fire  engines,  buckets,  lanterns,  and  other  incidental  ex- 
penses, one  thousand  one  hundred  dollars. 

For  compensation  to  the  secretary  of  the  commissioners  of  the  sink- 
ing fund,  two  hundred  and  fifty  doUars. 

For  compensation  to  the  Secretary  of  War,  clerks  and  persons  em- 
ployed in  his  office,  eleven  thousand  two  hundred  and  fifty  dollars. 

For  expense  of  fuel,  stationery,  printing,  and  other  contingent  ex- 
penses of  the  office  of  the  Secretary  of  War,  one  thousand  doUars. 

For  compensation  to  the  accountant  of  the  war  department,  clerks 
and  persons  employed  in  his  office,  ten  thousand  nine  hundred  and  ten 
dollars. 

For  contingent  expenses  in  the  office  of  the  accountant  of  the  war 
department,  one  thousand  dollars. 

For  compensation  to  clerks  employed  in  the  paymaster's  office,  one 
thousand  eight  hundred  dollars. 

For  fuel  in  the  said  office,  ninety  dollars. 

For  compensation  to  the  purveyor  of  public  supplies,  clerks  and  per- 
sons employed  in  his  office,  and  for  expense  of  stationery,  store  rent, 
and  fuel  for  the  said  office,  four  thousand  six  hundred  dollars. 

For  compensation  to  the  Secretary  of  the  Navy,  clerks  and  persons 
employed  in  his  office,  nine  thousand  eight  hundred  and  ten  dollars 

For  expense  of  fuel,  stationery,  printing,  and  other  contingent  ex- 
penses in  the  officje  of  Secretary  of  the  Navy,  two  thousand  dollarsi 


464  TENTH  CONGRESS.    Sess.  I.  Ch.  17.    1806. 

Specific  ap.  For  compensation  to  the  accountant  of  the  naTy,  clerka  and  persona 
propriationi.       employed  in  his  office,  ten  thousand  four  hundred  and  ten  dollars. 

For  contingent  expenses  in  the  office  of  the  accountant  of  the  navy, 
fiTe  hundred  dollars. 

For  compensation  to  the  Postmaster-Oeneral,  to  the  assistant  Post- 
master-Oeneral,  clerks  and  persons  employed  in  the  Postmaster-Gen- 
eral's office,  sixteen  thousand  dollars. 

For  expense  of  fuel,  candles,  house  rent  for  the  messenger,  stationery, 
chests,  6lc.  two  thousand  five  hundred  doQars. 

For  compensation  to  the  several  loan  officers,  thirteen  thousand  two 
hundred  and  fifty  dollars. 

For  compensation  to  the  derks  of  the  several  commissioners  of  loans, 
and  for  an  allowance  to  certain  loan  officers,  in  lieu  of  clerk  hire,  and 
to  defray  the  authorized  expenses  of  the  several  loan  offices,  fifteen  thou- 
sand dollars. 

For  compensation  to  the  surveyor-general,  and  for  his  clerks,  three 
thousand  two  hundred  doUars. 

For  compensation  to  the  surveyor  of  lands  south  of  the  state  of 
Tennessee,  clerks  employed  in  his  office,  stationery  and  other  contin- 
gencies, three  thousand  two  hundred  dollars. 

For  compensation  to  the  officers  of  the  mint : 

The  director,  two  thousand  dollars. 

The  treasurer,  one  thousand  two  hundred  dollars. 

The  assayer,  one  thousand  five  hundred  doUars. 

The  chief  coiner,  one  thousand  five  hundred  doDars. 

The  melter  and  refiner,  one  thousand  five  hundred  dollars. 

The  engraver,  one  thousand  two  hundred  dollars. 

One  clerk  at  seven  hundred  dollars. 

And  two  clerks  at  five  hundred  dollars  each. 

For  the  wages  of  persons  emi^oyed  in  the  different  branches  of 
melting,  coining,  carpenter's,  millwright's,  and  smith's  work,  including 
the  sum  of  one  thousand  dollars  per  annum,  allowed  to  an  assistant 
coiner  and  die  forger,  who  also  oversees  the  execution  of  the  iron  works, 
eight  thousand  and  fifty  dollars. 

For  the  repairs  of  furnaces,  cost  of  rollers  and  screws,  timber,  bar 
iron,  lead,  steel,  potash,  and  for  all  other  contingencies  of  the  mint, 
two  thousand  eight  hundred  and  fifty  dollars. 

For  compensation  to  the  governor,  judges,  and  secretary  of  the  terri- 
tory of  Orleans,  thirteen  thousand  dollars. 

For  incidental  and  contingent  expenses  of  the  executive  officers  of 
the  said  territory,  and  for  express  hire,  and  compensation  of  an  Indian 
interpreter,  two  thousand  eight  hundred  and  fifty  dollars. 

For  compensation  to  the  governor,  judges,  and  secretary  of  the  Mis- 
sissippi territory,  including  additional  compensation  allowed  the  judges 
for  the  year  one  thousand  eight  hundred  and  seven,  nine  thousand  four 
hundred  dollars. 

For  expense  of  stationery,  office  rent,  and  other  continent  expenses 
in  said  territory,  including  a  deficiency  in  the  appropriation  for  these 
objects  in  the  year  one  thousand  eight  hundred  and  seven,  six  hundred 
and  fifty  doUars. 

For  compensation  to  the  governor,  judges,  and  secretary  of  the  Indiana 
territory,  including  additional  compensation  allowed  to  the  judges  for  the 
year  one  thousand  eight  hundred  and  seven,  seven  thousand  eight  hun- 
dred dollars. 

For  expense  of  stationery,  office  rent,  and  other  contingent  expenses 
of  the  said  territory,  three  hundred  and  fifty  dollars. 

For  compensation  to  the  governor,  judges,  and  secretary  of  the  Mich- 
igan territory,  including  additional  compensation  allowed  to  the  judges 
for  the  year  one  thousand  eight  hundred  and  seven,  seven  thousand  eight 
hundred  doOars. 


TEiNTH  CONGRESS.    Sbss.  I.  Ch.  17.    1808.  4fi5 

For  expenses  of  stationery,  office  rent,  and  other  contingent  expenses        Speisifie  ap. 
of  the  said  territory,  three  hundred  and  fifty  dollars.  proprUtions. 

For  compensation  to  the  governor,  judges,  and  secretary  of  the  Loui- 
siana territory,  including  additional  compensation  allowed  to  the  judges 
fi>r  the  year  one  thousand  eight  hundred  and  seven,  seven  thousand  eight 
hundred  dollars. 

For  expense  of  stationery,  office  rent,  and  other  contingent  expenses 
of  the  said  territory,  three  hundred  and  fifty  doUars. 

For  the  discharge  of  such  demands  against  the  United  States,  on 
account  of  the  civil  department,  not  otherwise  provided  for,  as  shall 
have  been  admitted  in  a  due  course  of  settlement  at  the  treasury,  two 
thousand  dollars. 

For  additional  compensation  to  the  clerks  of  the  several  departments  1806,  eh.  41. 
of  state,  treasury,  war,  and  navy,  and  of  the  general  post^ffice,  not 
exceeding,  for  each  department  respectively,  fifteen  per  centum,  in  addi- 
tion to  the  sums  allowed  by  the  act,  intituled  '*  An  act  to  regulate  and 
fix  the  compensation  of  clerks,  and  to  authorize  the  laying  out  certain 
pubUc  roads,  and  for  other  purposes,''  thirteen  thousand  two  hundred 
and  sixty-nine  dollars  and  thirty-three  cents. 

For  compensation  granted  by  law  to  the  chief  justice,  associate  judges, 
and  district  judges  of  the  United  States,  including  the  chief  justice,  and 
two  associate  judges  of  th^  district  of  Columbia ;  to  the  attorney  gene- 
ral, and  to  the  district  judge  of  the  territory  of  Orleans,  fifty-nine  thou- 
sand four  hundred  dollars. 

For  the  like  compensation  granted  to  the  several  district  attornies  of 
the  United  States,  three  thousand  four  hundred  dollars. 

For  compensation  to  the  marshals  of  the  districts  of  Maine,  New 
Hampshire,  Vermont,  Kentucky,  Ohio,  East  and  West  Tennessee,  and 
Orleans,  one  thousand  six  hundred  dollars. 

For  defraying  the  expenses  of  the  supreme,  circuit,  and  district  courts 
of  the  United  States,  including  the  district  of  Columbia,  and  of  jurors 
and  witnesses,  in  aid  of  the  funds  arising  from  fines,  forfeitures,  and 
penalties,  and  likewise  for  defraying  the  expenses  of  prosecutions  for 
ofiences  against  the  United  States,  and  for  safe  keeping  of  prisoners, 
forU  thousand  dollars. 

For  the  payment  of  sundry  pensions  granted  by  the  late  government, 
eight  hundred  and  sixty  dollars. 

For  the  payment  of  the  annual  allowance  to  the  invalid  pensioners  of 
the  United  States,  firom  the  fifth  of  March  one  thousand  eight  hundred 
and  eight,  to  the  fourth  of  March  one  thousand  eight  hundred  and  nine, 
ninety-eight  thousand  dollars. 

For  the  maintenance  and  su{qport  of  lighthouses,  beacons,  buoys,  and 
public  piers,  stakeages  of  channels,  bars,  and  shoals,  and  certain  con- 
tingent expenses,  including  repairs  and  raising  Newport  lighthouse, 
eighty-five  thousand  dollars. 

For  erecting  lighthouses  at  the  mouth  of  the  Mississippi  river,  and  at 
or  near  the  pitch  of  Cape  Look-out,  in  North  Carolina,  a  former  appro- 
priation of  twenty  thousand  dollars  for  those  objects,  having  been  carried 
to  the  surplus  fund,  twenty  thousand  ddlars. 

For  erecting  a  lighthouse  on  the  south  point  of  Cumberland  island,  in 
the  state  of  Georgia,  a  former  appropriation  of  four  thousand  dollars  for 
that  object  having  been  carried  to  the  surplus  fund,  four  thousand 
dollars. 

For  erecting  a  lighthouse  on  Cape  Hatteras,  and  beacon  on  Shell- 
casde  island,  in  addition  to  the  sums  heretofore  appropriated  for  those 
objects,  one  thousand  one  hundred  and  forty-five  dollars,  and  forty-four 
cents. 

For  erecting  the  following  lighthouses,  in  addition  to  the  sums  here- 
tofore apprq>riated  for  them  respectively,  that  is  to  say :  for  erecting  a 

Vou  U.— ^ 


4G6 


TENTH  CONGRESS.    Sess.  I.  Ch.  18.    1808. 


Specifio  ap- 
proprUtiom. 


1790,  ch.  34. 

Statute  I. 
Feb.  10, 1808. 

[Obsolete.] 
Specific    ap- 
propriations. 


lighthouse  on  New-Point  Comfort,  in  Virginia,  one  hundred  and  seTenty- 
seven  dollars  and  twenty  cents. 

For  erecting  lighthouses  on  Long  Island  sound,  one  thousand  dollars. 

For  erecting  a  lighthouse  on  Wood  Island  or  Fletcher's  neck,  one 
hundred  dollars. 

For  erecting  a  double  lighthouse  at  or  near  Chatham  harbor,  on  the 
back  of  Cape  Cod,  two  thousand  dollars. 

For  placing  buoys  and  beacons  in  or  near  the  rocks  and  shoals  in  the 
channel  leading  into  the  harbor  of  Salem,  in  Massachusetts,  in  addition 
to  the  sum  heretofore  appropriated  for  that  object,  five  thousand  dollars. 

For  the  expenses  of  the  boards  formed  in  the  territories  of  Orleans 
and  Louisiana,  for  investigating  and  adjusting  titles  and  claims  to  land, 
in  addition  to  the  sum  heretofore  appropriated  for  that  object,  thirty^ 
three  thousand  three  hundred  dollars. 

For  carryihg  on  the  surveys  of  the  public  lands  in  the  several  territo- 
ries, twenty-one  thousand  one  hundred  and  seventy-four  dollars. 

For  the  contingent  expenses  of  government,  the  balance  of  former 
appropriations  for  that  object  having  been  carried  to  the  surplus  fund, 
twenty  thousand  dollars. 

For  expenses  of  intercourse  with  foreign  nations,  thirty-three  thoa- 
sand  and  fiily  dollars. 

For  contingent  expenses  of  intercourse  with  foreign  nations,  twenty 
thousand  dollars. 

For  expenses  of  intercourse  with  the  Barbary  powers,  fifty  thousand 
dollars. 

For  contingent  expenses  of  intercourse  with  the  Barbary  powers,  fifty 
thousand  dollars. 

For  the  relief  and  protection  of  distressed  American  seamen,  five 
thousand  dollars. 

For  expenses  of  prosecuting  claims  in  relation  to  captures,  twelve 
thousand  five  hundred  dollars. 

For  the  discharge  of  such  miscellaneous  claims  against  the  United 
States,  not  otherwise  provided  for,  as  shall  have  been  admitted  in  due' 
course  of  settlement  at  the  treasury,  four  thousand  dollars. 

Sec.  2.  And  be  it  further  enacted,  That  the  several  appropriations 
herein  before  made,  shall  be  paid  and  discharged  out  of  the  fund  of  six 
hundred  thousand  dollars,  reserved  by  an  act  making  provision  for  the 
debt  of  the  United  States,  and  out  of  any  monies  in  the  treasury,  not 
otherwise  appropriated. 

Approved,  February  10,  1808. 


Chap.  XVIII — Jn  Jet  making  appropriations  for  the  supporiythe  Navy  of  the 
Uniltd  States,  during  the  year  one  thousand  eight  hundred  and  eight. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  for  defraying  the  ex- 
penses of  the  navy  of  the  United  States,  during  the  year  one  thousand 
eight  hundred  and  eight,  the  following  sums  be,  and  the  same  hereby 
are,  respectively,  appropriated ;  that  is  to  say : 

For  the  pay  and  subsistence  of  the  officers,  and  pay  of  the  seamen, 
three  hundred  and  sixty-eight  thousand  and  forty-eight  dollars. 

For  provisions,  one  hundred  and  sixty-two  thousand  seven  hundred 
and  sixty-five  dollars  and  ten  cents. 

For  medicines,  instruments  and  hospital  stores,  five  thousand  dollars. 

For  repairs  of  vessels,  one  hundred  and  ninety-five  thousand  dollars. 

For  freight,  store  rent,  commissions  to  agents  and  other  contingent 
expenses,  seventy-five  thousand  dollars. 

For  pay  and  subsistence  of  the  marine  corps,  including  provisions  for 


TENTH  CONGRESS.    Sesm.  I.  Ch.  19, 20.    1806. 


407 


those  on  shore,  and  forage  for  the  staff,  one  hundred  and  sixty  thousand 
one  hundred  and  thirty-one  dollars  and  ninety  cents. 

For  clothing  for  the  same,  twenty-nine  thousand  nine  hundred  and 
thirty-three  dolJars  and  eighty  cents. 

For  military  stores  for  the  same,  nine  thousand  six  hundred  and  fifty- 
four  dollars. 

For  medicine,  medical  services,  hospital  stores  and  all  other  expenses 
on  account  of  the  sick  belonging  to  the  marine  corps,  two  thousand 
doJlars. 

For  quartermaster's  and  barrack-master's  stores,  officer's  travelling 
expenses,  armorer's  and  carpenter's  bills,  fuel,  premiums  for  enlisting, 
musical  instruments,  bounty  to  music,  and  other  contingent  expenses, 
.fourteen  thousand  and  thirty-live  dollars. 

For  the  expense  of  navy  yards,  comprising  docks  and  other  improve- 
ments, pay  of  superintendents,  storekeepers,  clerks  and  labourers,  sixty 
thousand  doUars. 

For  ordnance,  fifty  thousand  dollars. 

Sec.  2.  And  be  ii  fiirther  enacted^  That  the  several  sums  herein  spe- 
fically  appropriated  shall  be  paid  out  of  any  monies  in  the  treasury,  not 
otherwise  appropriated. 

Approved,  February  10,  1808. 


Speeifio    sp* 
propnfttioiis. 


Statute  L 


[Obsolete.] 
CaaseB,  flcc.^ 
&c.  pending  in 
diBtrict  court  of 
the  District  of 
Columbia  con- 
tinued over  from 
lost  October  to 
next  April  term. 


Chap.  XIX.— .^n  Aei  to  revive  and  eoniinue  certain  eaueee  and  proceedinge  in  the    Feb.  10, 180S. 
District  Cvurt  (f  the  District  (f  Columbia. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  all  causes,  suits,  actions, 
writs,  process  and  proceedings,  which  were  pending  in  the  district  court 
of  the  district  of  Columbia  at  the  time  appointed  by  law  for  holding  a 
session  thereof,  on  the  first  Tuesday  of  October  last  past,  or  which  were 
returnable  to  the  session  of  the  said  court  which  ought  to  have  been 
holden  on  the  first  Tuesday  of  October,  shall  be,  and  the  same  are  hereby 
revived,  reinstated  and  continued  over  to  the  next  stated  session  of  the 
said  court,  to  be  holden  on  the  first  Tuesday  of  April  next,  in  the  same 
manner  and  condition,  and  the  same  further  proceedings  may  be  had 
therein,  as  if  a  session  of  the  said  court  had  been,  on  the  said  first  Tues- 
day of  October,  holden  according  to  law,  and  as  if  a  regular  continu- 
ance of  an  the  said  causes,  suits,  actions,  writs,  process  and  proceedings 
had  been  duly  entered  upon  the  records  of  the  said  court 

Approved,  February  10,  1808. 


Chap.  XX.^-wAn  Jet  makit^  t^ppropriaiionsfor  carrying  into  tffeid  certain  Indian 

Treaties, 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  for  the  purpose  of 
carrying  into  effect  a  treaty  between  the  United  States  and  the  Choc- 
taw nation  of  Indians,  concluded  at  Pooshapukanuk,  in  the  Choctaw 
country,  on  the  sixteenth  day  of  November,  one  thousand  eight  hundred 
and  five,  the  following  sums  be,  and  the  same  hereby  are  appropriated, 
in  conformity  with  the  stipulations  contained  in  the  said  treaty,  that  is  to 
say: 

To  the  said  Choctaw  nation,  fifty  thousand  five  hundred  dollars,  and 
the  further  annual  sum  of  three  thousand  dollars. 

To  each  of  the  three  great  Medal  Mingoes,  Pukshunnubbee,  Mingo 
Hoomastubbee  and  Poosbamattaha,  five  hundred  dollars,  and  a  further 
annual  sum  of  one  hundred  and  fifty  dollars  to  each  of  the  said  Mingoes 
during  his  continuance  in  office. 


Statdts   I. 


Feb.  19,  1808. 
[Obsolete.] 


Specific    ap. 
propriatioiu. 


478 


TENTH  CONGRESS.    Sess.  I.  Ch.  39.    1806. 


Procew  and 
proceedings  to 
be  regulated  ac- 
cordingly. 


Clerks  of  cir- 
cait  courts  to  be 
appointed,  &c. 
&c.  for  each  cir- 
cuit. 


Causes  to  be 
continued  over, 
which  were 
commenced  at 
Nashville  and 
Knozville. 


third  Monday  in  April  of  each  and  every  year  thereafter,  and  at  Nash- 
ville on  the  first  Thursday  afler  the  fourth  Monday  in  November  next,  and 
on  the  first  Thursday  afler  the  fourth  Monday  in  November  of  each  and 
every  year  thereafter,  who  shall  have  power  to  make  all  necessary  orders 
touching  any  suit,  action,  appeal,  writ  of  error,  process,  pleadings,  or  pro- 
ceedings returned  to  the  circuit  court  next  to  be  hdden  thereafter  at 
Knoxville,  and  Nashville,  or  depending  therein,  preparatory  to  the  hear- 
ing, trial,  or  decision  of  such  action,  suit,  appeal,  writ  of  error,  process, 
pleadings  or  proceedings ;  and  all  writs  and  process  may  be  returnable 
to  the  said  courts  on  the  first  Thursday  after  the  third  Monday  in  April, 
at  Knoxville,  and  on  the  first  Thursday  after  the  fourth  Monday  in  No- 
vember, at  Nashville,  in  the  same  manner  as  to  the  sessions  of  the  circuit 
court,  directed  to  be  held  by  this  act  in  the  district  of  East  Tennessee, 
at  Knoxville,  and  in  the  district  of  West  Tennessee,  at  Nashville ;  and 
the  said  writs,  returnable  to  the  circuit  courts  to  be  held  at  Knoxville, 
may  also  bear  test  on  the  said  first  Thursday  after  the  third  Monday  in 
April;  and  the  writs  returnable  to  the  circuit  court  to  be  held  at  Nash- 
ville may  bear  test  on  the  first  Thursday  after  the  fourth  Monday  in 
November,  as  though  a  session  of  the  said  circuit  court  was  holden  on 
those  days  at  Knoxville  and  Nashville  respectively. 

Sec.  4.  And  be  it  further  enacted,  That  there  shall  be  two  clerks  ap- 
pointed, one  for  the  circuit  court  to  be  held  at  Knoxville,  and  one  for 
the  circuit  court  to  be  held  at  Nashville,  whose  duty  it  shall  be  to  attend 
the  said  district  judge  on  the  said  first  Thursday  after  the  third  Monday 
in  April,  and  on  the  said  first  Thursday  after  the  fourth  Monday  in  No- 
vember, of  each  and  every  year,  at  the  places  aforesaid,  who  shall  make 
due  entry  of  all  such  matters  and  things  as  shall  or  may  be  ordered  by 
the  said  judge,  and  at  each  and  every  of  the  said  sessions  so  held  for  the 
purpose  aforesaid,  all  actions,  pleas,  and  other  proceedings  relative  to 
any  cause,  civil  or  criminal,  shall,  for  the  circuit  court  to  be  held  at 
Nashville,  be  continued  over  to  the  ensuing  second  Monday  in  June, 
and  shall,  for  the  circuit  court  to  be  held  at  Knoxville,  be  continued  over 
to  the  ensuing  third  Monday  in  October. 

Sec.  5.  And  be  it  further  enacted,  That  all  actions,  suits,  process, 
pleadings,  and  other  proceedings,  of  what  nature  or  kind  soever,  civil  or 
criming,  which  were  originally  returned  to  the  circuit  court  begun  and 
held  at  Nashville,  on  the  first  Monday  in  June  last ;  and  all  writs,  pro- 
cess, and  proceedings,  as  aforesaid,  which  are,  [or]  maybe  made  return- 
able to  the  said  circuit  court  to  be  held  at  Nashville,  shall,  after  the  next 
June  term  of  the  circuit  court,  be  continued,  returned  to,  and  have  day 
in  the  session  to  be  held  by  this  act,  on  the  first  Thursday  after  the  fourth 
Monday  in  November  next,  and  all  actions,  suits,  process,  pleadings  and 
other  proceedings  of  what  nature  or  kind  soever,  civil  or  criminal,  which 
were  originally  returned  to  the  circuit  court  begun  and  held  at  Knoxville, 
on  the  third  Monday  in  October  last;  and  all  writs,  process,  and  pleadings 
as  aforesaid  which  are  or  may  be  made  returnable  to  the  said  circuit 
court,  shall  be  continued,  returned  to,  and  have  day  in  the  session  to  be 
held  by  this  act,  on  the  ftrst  Thursday  after  the  third  Monday  in  April 
next ;  and  such  proceedings  shall  be  had  thereon,  at  the  said  session,  as 
are  herein  before  provided. 

Approved,  March  22,  1808. 


Statute  I. 


March  30, 1808.    Chap.  XXXIX.— w^  Jet  authorizing  a  dttaehment  from  the  Militia  ff  the 

Uhii^  Slates. 


[Expired.] 
President  au- 
thorised to  call 
upon   the  state 
execntiTes  to 
1812,  ch.  65. 


Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  the  President  of  the 
United  States  be,  and  he  is  hereby  authorized,  at  such  times  as  he  shall 
deem  necessary,  to  require  of  the  executives  of  the  several  states  and 


TENTH  CONGRESS.    Sess.  I.  Ch.  40.     1808. 


479 


territories,  to  take  effectual  measures  to  organize,  arm  and  equip  accord- 
ing to  law,  and  hold  in  readiness  to  march  at  a  moment's  warning,  their 
respective  proportions  of  one  hundred  thousand  militia,  officers  included, 
to  be  apportioned  by  the  President  of  the  United  States,  from  the  latest 
militia  returns  in  the  department  of  war,  and  in  cases  where  such  returns 
have  not  been  made,  by  such  other  data  as  he  shall  judge  equitable. 

Sec.  2.  And  be  it  further  enacted,  That  the  executives  of  the  several 
states  and  territories  may  accept,  as  part  of  the  said  detachment,  any 
corps  of  volunteers  who  shall  engage  to  continue  in  service  six  months 
afler  they  arrive  at  the  place  of  rendezvous. 

Sec.  3.  And  be  it  further  enacted,  That  the  detachment  of  militia  and 
volunteers  aforesaid  shall  be  officered  out  of  the  present  militia  officers,  or 
others,  at  the  option  and  discretion  of  the  constitutional  authority  in  the 
respective  states  and  territories,  the  President  apportioning  the  general 
officers  among  the  respective  states  and  territories,  as  he  may  deem  proper. 

Sec.  4.  And  be  it  further  enacted.  That  the  said  detachments  shall 
not  be  compelled  to  serve  a  longer  time  than  six  months  afler  they  arrive 
at  the  place  of  rendezvous,  and  that  during  the  time  of  their  service^ 
they  shall  be  entitled  to  the  same  pay,  rations  and  allowance  for  clothing, 
as  are  established  by  law  for  the  army  of  the  United  States. 

Sec.  5.  And  be  it  further  enacted,  That  the  President  of  the  United 
States  be,  and  he  is  hereby  authorized  to  call  into  actual  service  any 
part,  or  the  whole  of  said  detachment,  when  he  shall  judge  that  the  exi- 
gencies of  the  United  States  require  it ;  and,  if  a  part  only  of  said 
detachment  shall  be  called  into  actual  service,  they  shall  be  taken  from 
such  part  thereof,  as  the  President  of  the  United  States  shall  deem 
proper. 

Sec  6.  And  be  it  further  enacted,  That  a  sum  not  exceeding  one 
million  of  dollars  be,  and  the  same  is  hereby  appropriated,  out  of  any 
monies  in  the  treasury,  not  otherwise  appropriated,  for  the  pay,  subsist- 
ence, and  support  of  such  part  of  said  detachment  as  may  be  called  into 
actual  service. 

Sec.  7.  And  be  it  further  enacted.  That  this  act  shall  continue  and 
be  in  force  for  the  term  of  two  years  from  the  passing  thereof,  and  no 
longer. 

Approved,  March  30,  1808. 


organiie  and 
equip  their  quo- 
tas of  roiliiia. 

Apportion- 
ment, how 
made. 

Executive!  of 
■tatea  majr  ac- 
cept corpa  of 
Tolunteen. 

Detachment 
of  militia, — how 
to  be  officered. 

General  offi- 
cers  to  be  ap- 
portioned by  toe 
President. 

Term  of  ser- 
Tice  of  the  de- 
tachment ;  al- 
lowance of  pay, 
rations,  fltc. 

President  may 
call   the  whole 
or  part  of  de- 
tachment into 
service. 


Appropriation. 


Limitation  of 
this  act. 


Statuts  I. 


Chap.  XL.-^<9h  Jlet  etmeeming  the  sale  of  the  Lands  of  the  United  States^  and   March  31, 1806. 
far  other  purposea.(a) 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  whenever  the  Presi- 
dent of  the  United  States  has  been  or  may  be  authorized  to  cause  the  public 
lands,  in  any  land  district,  to  be  olTered  for  sale,  it  shall  be  lawful,  when- 
ever he  shall  think  it  convenient,  to  offer  for  sale,  at  first,  only  a  part  of 
the  lands  contained  in  such  district,  and  at  any  subsequent  time  or  times, 
to  offer  for  sale  in  the  same  manner,  any  other  part,  or  the  remainder  of 
the  lands  contained  in  the  same. 

Sec  2.  And  be  it  further  enacted.  That  the  fourth  section  of  an  act 
passed  the  twenty-first  day  of  April,  one  thousand  eight  hundred  and 
six,  intituled  "  An  act  in  addition  to  an  act,  intituled  An  act  regulating 
the  grants  of  land,  and  providing  for  the  disposal  of  the  lands  of  the 
United  States  south  of  the  state  of  Tennessee,"  be  revived  and  contin- 
ued in  force  until  the  first  day  of  October  next :  and  in  any  case  where 
a  donation  shall  be  granted  in  lieu  of  a  pre-emption  certificate,  agreea- 
ble to  the  provisions  of  the  said  fourth  section,  the  money,  if  any  shall 


Act  of  March 
3,  1803,  ch.  27. 

Act  of  March 
27, 1804,  ch.  35. 

Act   of  June 
30, 1812,  ch.  110. 

Public  lands 
may  be  offered 
for  sale  in  such 
proportions  as 
the  President 
chooses. 

Part  of  a  for- 
mer act  revived. 

Act  of  April 
21, 1806,  ch.  46. 


(a)  See  notes  to  act  of  March  3,  1803,  chap.  87. 


480 


TENTH  CONGRESS.    Sesb.  I.  Ch.  40.    1806. 


Settlers  on  the 
river  Mobile  al- 
lowed a  further 
time  to  pat  in 
their  daimi. 


Act  of  March 
8,  1803,  ch.  S7. 


Reports  to  be 
made  bjr  the  re- 

E'aten  of  the 
nd-offices  eaat 
and  west  of 
Pearl  river,   to 
the  Secretarj  of 
the  Treaanrr, 
kc.  &c. 


Certain  landa 
to  which  Indian 
title  has  been 
eitinguiahed,  to 
be  attached  to 
land  district  east 
of  Pearl  river. 


Aetna]  settlers 
on  lands  of  the 
U.  Sutes  in 
Mississippi  ter- 
ritory, allowed 
a  Airther  time. 


1807,  ch.  46. 


Right   of  U. 
States    to   two 


have  been  paid,  shall  be  by  the  receiver  of  the  public  money  repaid  to 
the  person  or  persons  who  have  paid  the  same. 

Sec.  3.  Ana  be  it  further  enacted,  That  certain  settlers  on  the  river 
Mobile,  in  the  Mississippi  territory,  east  of  Pearl  river,  who  reside  near 
the  line  of  demarcation,  between  the  United  States  and  Spain,  run-  in 
pursuance  of  the  treaty  of  the  twenty-seventh  day  of  October,  one 
thousand  seven  hundred  and  ninety-five,  and  whose  claims  to  land  has 
not  been  decided  on  according  to  law,  shall  be  allowed  until  the  first 
day  of  October  next,  to  file  a  notice  in  writing  with  the  register  of  the 
land-office,  stating  the  nature  and  extent  of  their  claims,  together  with  a 
plat  of  the  tract  or  tracts  claimed ;  and  the  said  register  of  the  land-office, 
and  the  receiver  of  public  monies,  are  hereby  required  to  hear  and  de- 
termine such  claims  according  to  the  several  acts  of  Congress  '*  regulat- 
ing the  grants  of  land  and  providing  for  the  disposal  of  the  lands  of  the 
United  States  south  of  the  state  of  Tennessee,"  and  to  grant  certificates 
in  the  form  heretofore  prescribed  by  the  board  of  commissioners  in  said 
district. 

Sec.  4.  And  be  it  further  enacted,  That  it  shall  be  the  duty  of  the  regis- 
ters of  the  land-office  east  and  west  of  Pearl  river,  in  the  Mississippi 
territory,  to  transmit  to  the  Secretary  of  the  Treasury  of  the  United 
States,  on  or  before  the  first  day  of  November  next,  a  full  and  fair  report 
of  all  the  claims  of  certain  persons  to  lands  in  the  Mississippi  territory, 
founded  upon  British  or  Spanish  warrants  or  orders  of  survey  granted 
prior  to  the  twenty-seventh  day  of  October,  one  thousand  seven  hundred 
and  ninety-five,  not  confirmed  by  former  laws  regulating  the  grants 
of  lands  in  said  territory,  which  have  heretofore  been  regularly  filed  with 
the  register  of  the  land-office  aforesaid,  together  with  the  evidence  in 
support  of  such  claims  respectively,  and  to  be  by  him  laid  before  Con- 
gress at  their  next  ensuing  session.  And  the  land  contained  iii  such 
warrants  or  orders  of  survey  shall  not  be  disposed  of  until  otherwise 
directed  by  law. 

Sec.  5.  And  be  it  fitrther  enacted.  That  that  part  of  the  lands  to 
which  the  Indian  title  was  extinguished  by  the  treaty  with  the  Choctaw 
nation  made  on  Mount  Dexter,  in  the  year  one  thousand  eight  hundred 
and  five,  lying  on  the  east  of  Pearl  river,  shall  be  attached  to  the  land 
district  east  of  Pearl  river,  and  that  the  residue  of  the  lands  to  which 
the  Indian  title  was  extinguished  by  said  treaty,  shall  be  attached  to  the 
land  district  west  of  Pean  river ;  and  the  said  lands  shall,  with  the  ex- 
ception of  section  number  sixteen,  which  shall  be  reserved  in  each 
township  for  the  use  of  schools  within  the  same,  and  also  with  the  ex- 
ception of  fifleen  hundred  acres  of  land,  which  is  hereby  confirmed  to 
John  M'Grew,  in  compliance  with  the  fourth  article  of  said  treaty,  be 
offered  for  sale  under  the  same  regulations,  at  the  same  prices,  and  on 
the  same  terms  as  other  lands  lying  within  the  said  districts. 

Sec.  6.  And  be  it  further  enacted,  That  every  person  and  the  legal 
representatives  of  every  person,  who  being  either  the  head  of  a  famOy, 
or  above  the  age  of  twenty-one  years,  who  did  before  the  third  day  of 
March,  one  thousand  eight  hundred  and  seven,  actually  inhabit  and  cul- 
tivate a  tract  of  land  in  the  Mississippi  territory,  belonging  to  the  United 
States,  shall  be  allowed  until  the  first  day  of  October  next,  to  obtain 
permission  to  remain  on  such  tract  or  tracts  of  land,  according  to  the 
provisions  of  the  act,  intituled  "  An  act  to  prevent  settlements  being 
made  on  lands  ceded  to  the  United  States  until  authorized  by  law,"  and 
the  person  or  persons  obtaining  such  permission  shall  be  entitled  to  all 
the  benefits,  rights  and  privileges  granted  by  law  to  those  who  obtained 
the  same  prior  to  the  first  day  of  January,  one  thousand  eight  hundred 
and  eight 

Sec.  7.  And  be  it  further  enacted.  That  the  right  of  the  United  Stotes 
to  two  town  lota  lying  and  being  in  the  city  of  Natchez  be,  and  the  same 


TENTH  CONGRESS.    Sesb.  I.  Ch.  41,  42,  43.    1808. 


481 


ia  hereby  forever  vested  in  the  corporation  of  the  said  city,  so  as  not  to 
affect  the  legal  or  equitable  claims  of  any  individuals,  or  of  any  body 
politic  or  corporate,  if  any  such  there  be. 

Sfic.  8.  And  be  it  further  enacted,  That  whenever  the  claims  of  per- 
sons having  a  right  of  pre-emption  in  either  of  the  districts  east  or 
west  of  Pearl  river,  shall  interfere  with  each  other,  the  register  and  re- 
ceiver of  public  monies  are  hereby  authorized  in  their  respective  districts 
so  to  regulate  their  locations  as  to  prevent  such  interference. 

Approved,  March  31, 1808. 


Chap.  XLI 


Act  further  to  prolong  the  continuance  ef  the  Mini  at  PhUadel' 
phia. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  act,  intituled  "  An 
act  concerning  the  mint,"  approved  March  the  third,  one  thousand 
eight  hundred  and  one,  is  hereby  revived  and  continued  in  force  and 
operation  for  the  further  term  of  five  years  after  the  fourth  day  of  March, 
one  thousand  eight  hundred  and  eight 

Approved,  April  1,  1808. 


Chap.  XLII.— %ffn  Jet  authorizing  the  sale  of  public  Arms* 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  the  President  of  the 
United  States  be,  and  he  is  hereby  authorized  to  cause  to  be  sold  to 
individual  states,  which  may  wish  to  purchase,  any  arms  now  owned  by 
the  United  States,  and  which  may  be  parted  with  without  injury  to  the 
public :  Accounts  of  such  sales  shall  be  laid  before  Congress,  and  the 
money  arising  therefrom  be,  and  the  same  is  hereby  appropriated,  under 
the  direction  of  the  President  of  the  United  States,  to  the  purchase  or 
manufacture  of  other  arms  for  the  use  of  the  United  States :  Provided, 
that  such  arms  be  not  delivered  to  any  state  or  their  agents  until  the 
payment  of  the  purchase  money  be  first  made  into  the  treasury  of  the 
United  States,  in  money  or  in  the  stock  of  the  United  States,  at  its 
value,  as  established  by  an  act,  intituled  "  An  act  to  repeal  so  much  of 
any  act  or  acts  as  authorize  the  receipt  of  evidences  of  the  public  debt, 
in  payment  for  the  lands  of  the  United  States,  and  for  other  purposes 
relative  to  the  public  debt :"  Provided  also,  that  this  provision  shall  not 
extend  to  any  purchase,  not  exceeding  five  thousand  stand  of  arms, 
which  shall  be  made  by  a  state  to  which  the  United  States  by  existing 
engagements  are  bound  to  pay  a  sum  of  money,  equal  to  the  amount  of 
such  purchase. 

Approved,  April  2,  1808. 


Chap.  XLIII. — An  Act  to  raite  for  a  Kmiied  time  an  additional  military 

force.{a) 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  in  addition  to  the  pre- 
sent military  establishment  of  the  United  States,  there  be  raised  five 
regiments  of  infantry,  one  regiment  of  riflemen,  one  regiment  of  light 
artiller}',  and  one  regiment  of  light  dragoons,  to  be  enlisted  for  the  term 
of  five  years,  unless  sooner  discharged. 

Sec.  2.  And  be  it  further  enacted.  That  the  said  regiments  of  in- 
fantry, riflemen,  and  artillery,  shall  consist  of  ten  companies  each,  and 


town  lota  ceded 
to  the  corpora- 
tion of  Natches. 

Savinff  of  pri- 
vate righti. 

Interfering 
clainu  in  dis- 
tricta   eaat  and 
weat   of   Pearl 
riTer,  bow  to  ha 
aettled. 

Statutb  I. 

April  1,  1806. 

[Expired.] 
Mint   contin. 
aed  in  Philadel- 
phia  for  live 

Jeara  after  4th 
rareh,  1808. 
1812,  oh.  S. 


Statute  I. 
April  S,  1808. 

[Obaolete.] 

Preaident  ao- 
thorised  to  aell 
to  individaal 
atatea  pablic 
anna. 


Payment  of 
the   purchaae 
money  to  be 
firat  made  into 
the  treaaury  of 
the  U.  Statea. 

1806,  eh.  60. 
Proviso. 


Statutx  I. 
April  IS,  1806. 

[Obaolete.] 
Additional 
military  force 
to  be  raiaed. 


Term  of  aer- 
vice. 

How  the  regU 
menta  are  to  bt 
compoaod. 


(a)  Sea  the  act  fiaiag  the  military  peace  eatabliahment  of  the  United  Sutea,  March  3, 1816,  chap.  78. 
Vol.  II.— 61  2  S 


482 


TENTH  CONGRESS.    Sess.  I.  Ch.  43.     180a 


Two  additional 
brigadier-gene- 
rali  to  b«  ap- 
pointed. 

When. 


Compensai 
of  officers,  sol- 
diersi  fcc. 


the  regiment  of  light  dragoons  of  eight  troops ;  and  the  field  and  staff 
officers  of  each  regiment,  of  one  colonel,  one  lieutenant  colonel,  one 
major,  one  adjutant,  one  quartermaster,  one  paymaster,  one  surgeon, 
one  surgeon's  mate,  one  sergeant  major,  one  quartermaster  sergeant,  two 
principal  musicians,  and  for  the  regiment  of  light  dragoons,  one  riding 
master ;  each  company  of  infantry  and  riflemen,  to  consist  of  one  cap- 
tain, one  first  and  one  second  lieutenant,  one  ensign,  two  cadets,  four 
sergeants,  four  corporals,  two  musicians,  and  sixty-eight  privates;  each 
company  of  artillery  of  one  captain,  one  Brst  and  one  second  lieutenant, 
two  cadets,  four  sergeants,  four  corporals,  two  musicians,  eight  artificers, 
and  fifty-eight  matrosses;  and  each  troop  of  light  dragoons,  of  one  cap- 
tain, one  first  and  one  second  lieutenant,  one  cornet,  two  cadets,  four 
sergeants,  four  corporals,  two  musicians,  one  saddler,  one  farrier,  and 
sixty-four  privates. 

Sec.  3.  And  be  it  further  enacted.  That  when  in  the  opinion  of  the 
President  of  the  United  States,  a  suitable  proportion  of  the  troops 
authorized  by  this  act  shall  be  raised,  there  may  be  appointed  two  addi- 
tional brigadier  generals,  who  shall  be  entitled  to  one  aid-de-camp  each, 
to  be  taken  from  the  subalterns  of  the  line ;  two  brigade  inspectors,  and 
two  brigade  quarter mai^ters ;  and  such  number  of  hospital  surgeons,  and 
surgeons*  mates,  as  the  service  may  require,  but  not  exceeding  five  sur- 
geons and  fifleen  mates,  with  one  steward,  and  one  ward-master  to  each 
hospital;  the  brigade  inspectors  appointed  under  this  act  shall  be  taken 
from  the  line ;  and  the  brigade  quartermasters,  the  adjutants,  regimental 
quartermasters,  and  paymasters  from  the  subalterns  of  the  hne. 

Sec.  4.  And  be  it  further  enacted.  That  the  compensation  of  the 
officers,  cadets,  non-commissioned  officers,  musicians,  artificers  and 
privates,  authorized  by  this  act,  shall  be,  viz.,  to  each  brigadier  general, 
one  hundred  and  four  dollars  per  month,  twelve  rations  per  day,  or  an 
equivalent  in  money,  and  sixteen  dollars  per  month  for  forage,  when  not 
furnished  by  the  public :  each  brigade  inspector,  thirty  dollars  per  month, 
in  addition  to  his  pay  in  the  line ;  each  brigade  quartermaster  and  aid- 
de-camp,  twenty  dollars,  and  each  adjutant  regimental  quartermaster  and 
paymaster,  ten  dollars  per  month,  in  addition  to  their  pay  in  the  line ; 
and  to  each  six  dollars  per  month  for  forage,  when  not  furnished  as 
aforesaid;  each  hospital  surgeon,  seventy-five  dollars  per  month,  six 
rations  per  day,  or  an  equivalent  in  money,  and  twelve  dollars  per  month 
for  forage,  when  not  furnished  as  aforesaid ;  each  hospital  surgeon's 
mate,  forty  dollars  per  month,  two  rations  per  day,  or  an  equivalent  in 
money,  and  six  dollars  per  month  for  forage,  when  not  furnished  as 
aforesaid ;  each  hospital  steward,  twenty  dollars  per  month  and  two 
rations  per  day,  or  an  equivalent  in  money ;  each  wardmaster,  sixteen 
dollars  per  month,  and  two  rations  per  day,  or  an  equivalent  in  money ; 
to  the  colonel  of  light  dragoons,  ninety  dollars  per  month,  six  rations 
per  day,  and  forage  for  five  horses;  to  the  lieutenant  colonel  of  light 
dragoons,  seventy-five  dollars  per  month,  five  rations  per  day,  and  forage 
for  four  horses ;  to  the  major  of  light  dragoons,  sixty  dollars  per  month, 
four  rations  per  day,  and  forage  for  four  horses;  to  each  captain  of  light 
dragoons,  fifty  dollars  per  month,  three  rations  per  day,  and  forage  for 
three  horses ;  to  each  heutenant  of  light  dragoons  thirty-three  and  one 
third  dollars  per  month,  two  rations  per  day,  and  forage  for  two  horses; 
to  each  cornet  of  light  dragoons,  twenty-six  and  two  thirds  dollars  per 
month,  two  rations  per  day,  and  forage  for  two  horses;  to  the  riding 
master,  twenty-six  and  two  thirds  dollars  per  month,  two  rations  per  day 
and  forage  for  two  horses;  each  saddler  and  farrier,  ten  dollars  per 
month,  one  ration  per  day,  and  a  suit  of  uniform  clothing  annually ;  and 
all  other  officers,  cadets,  non-commissioned  officers,  musicians,  artificers 
and  privates,  authorized  by  this  act,  shall  receive  the  like  pay,  clothing, 
rations,  forage  and  other  emoluments  as  the  officers,  cadets,  non-com- 


TENTH  CONGRESS.    Sess.  I.  Gh.  44.     1806. 


483 


missioned  officers,  musicians,  artificers  and  privates  of  the  present  mili- 
tary establishment:  Provided,  the  officers  and  riding  master  furnish 
their  own  horses  and  accoutrements,  and  actually  keep  in  service  the 
aforesaid  number  of  horses  to  entitle  them  to  the  aforegoing  allowance 
for  forage,  or  its  equivalent  in  money :  And  provided  ah o,  that  the  whole 
or  any  part  of  the  regiment  of  light  dragoons  shall  be  liable  to  serve  on 
foot  as  light  infantry  until  by  order  of  the  President  of  the  United 
States,  horses  and  accoutrements  shall  be  provided  to  equip  the  whole  or 
any  part  thereof,  as  mounted  dragoons. 

Sec.  5.  And  be  it  further  enacted.  That  the  officers,  cadets,  non- 
commissioned officers,  musicians,  artificers,  and  privates,  raised  pursuant 
to  this  act,  shall  be  entitled  to  the  like  compensation  in  case  of  disability 
by  wounds  and  otherwise,  incurred  in  the  service,  as  the  officers,  cadets, 
non-commissioned  officers,  musicians,  artificers  and  privates  in  the  pre- 
sent military  establishment,  and  with  them  shall  be  subject  to  the  rules 
and  articles  of  war  which  have  been  established  or  may  be  hereafter,  by 
law,  be  established  :  And  that  the  provisions  of  the  act,  intituled  "  An 
act  fixing  the  military  peace  establishment  of  the  United  States,"  rela- 
tive to  the  widow,  child,  or  children  of  any  commissioned  officer  who 
shall  die,  while  in  the  service  of  the  United  States,  by  reason  of  any 
wound  received  in  actual  service  of  the  United  States,  to  courts  mar- 
tial, the  regulation  and  compensation  of  recruiting  officers,  the  age,  size, 
qualifications  and  bounties  of  recruits,  arrears  of  pay,  the  bonds  and 
duties  of  paymasters,  penalties  for  desertion,  punishment  of  persons 
who  shall  procure  or  entice  any  soldier  to  desert,  or  shall  purchase  from 
any  soldier  his  arms,  uniform,  clothing  or  any  part*  thereof;  and  the 
punishment  of  any  commanding  officer  of  any  ship  or  vessel  who  shall 
receive  on  board  of  his  ship  or  vessel,  as  one  of  his  crew,  knowing  him 
to  have  deserted,  or  otherwise  carry  away  any  such  soldier,  or  shall 
refuse  to  deliver  him  up  to  the  orders  of  his  commanding  officer,  to  the 
oath  or  affirmation  to  be  taken  and  subscribed  by  officers,  non-commis- 
sioned officers,  musicians  and  privates,  to  the  allowance  for  extra  ex- 
pense to  any  commissioned  officer  in  travelling  and  sitting  on  general 
courts  martial,  to  arrests  of  non-commissioned  officers,  musicians  and 
privates  for  debts,  to  the  allowance  to  soldiers  discharged  from  service, 
except  by  way  of  punishment,  shall  be  in  force  and  applied  to  all  per- 
sons, matters  and  things  within  the  intent  and  meaning  of  this  act,  in 
the  same  manner  as  if  they  were  inserted  at  lar^e  in  the  same. 

Sec.  6.  And  he  itfitrther  enacted,  That  the  subsistence  of  the  officers 
of  the  army,  when  not  received  in  kind,  shall  be  estimated  at  twenty 
cents  per  ration. 

Sec.  7.  And  be  it  further  enacted.  That  there  shall  be  appointed  to 
each  brigade  one  chaplain,  who  shall  be  entitled  to  the  same  pay  and 
emoluments  as  a  major  in  the  infantry. 

Sec.  8.  And  be  it  further  enacted.  That  in  the  recess  of  the  Senate 
the  President  of  the  United  States  is  hereby  authorized  to  appoint  all  or 
any  of  the  officers,  other  than  the  general  officers,  proper  to  be  appointed 
under  this  act,  which  appointments  shall  be  submitted  to  the  Senate,  at 
the  next  session,  for  th^ir  advice  and  consent 

Sec.  9.  And  be  it  further  enacted.  That  every  commissioned  and 
staff  officer  to  be  appointed  in  virtue  of  this  act  shall  be  a  citizen  of  the 
United  States,  or  some  one  of  the  territories  thereof. 

Approved,  April  1^2,  1808. 


Officerttofor. 
nish  their  own 
boraes. 

The  regiment 
of  light  dreguoni 
to  eerve  as  in- 
ftntry  nntil 
equipped. 

Same  provi- 
■Ions  extended 
to  the  present 
force  as  that  al- 
ready  raited,  as 
to  compensa- 
tion. 


180S,  ch.  9. 


Subsistence 
of  officers  esti- 
mated at  twenty 
cents  per  ration. 

A  cnsplain  to 
be  appointed  to 
each  brigade. 

His  pay,  fcc. 

President  may 
make  appoint- 
ments in  recess 
of  the  Senate. 


Commissioned 
and  staff  officers 
must  be  citiiens 
of  U.  States. 

Statute  I. 


Chap.  XLIV 


Ad  to  authorize  the  transportation  tf  certain  documents  by    April  13,  1808. 
motV,  free  of  postage. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 


[Obsolete.] 
President's 
States  rf  America  in  Congress  assembled,  1'hat  the  members  of  Congress,  message,  Iw. 


484 


TENTH  CONGRESS.    Sebb.  I.  Ch.  46,  47, 4a     1806. 


ftc.  of  March 
Sa,  1808,  may 
be  transported 
bjr  mail  free  of 
pOMtage. 

By  whom  in 
that  caae  to  be 
■ent. 


Statvts  I. 
April  19,  1808. 

[Expired.] 
Act  of  March 
8,1806,  ch.4l, 
contioned  io 
force  for  two 
years. 


the  secretary  of  the  Senate,  and  the  clerk  of  the  Houae  of  Repreaenta^ 
tives  be,  and  they  are  hereby  authorized  to  transmit  free  of  postage,  the 
message  of  t)ie  President  of  the  United  States,  of  the  twenty-second 
day  of  March,  one  thousand  eight  hundred  and  eight,  and  the  documents 
accompanying  the  same,  and  Uie  documents  accompanying  the  message 
of  the  President  of  the  United  States,  of  the  thirtieth  of  March,  printed 
by  order  of  the  Senate  and  House  of  Representatives,  to  any  posiroffice 
within  the  United  States,  and  territories  thereof,  to  which  they  may  re- 
spectively direct;  and  it  shall  be  a  duty  of  the  secretary  of  the  Senate, 
and  of  the  clerk  of  the  House  of  Representatives,  to  send  by  the  mail, 
the  printed  copies  of  the  same  message  and  documents,  or  any  part 
thereof  that  may  remain  after  Congress  shall  adjourn,  and  the  same  shall 
be  conveyed  free  of  postage  as  aforesaid,  conformably  to  the  directions 
of  the  members  of  each  house  of  Congress  respectivdy:  any  law  to  the 
contrary  notwithstanding. 
Approved,  April  13,  1808. 


Chap.  XL  VL— «tfn  Jet  to  continue  in  foreef  for  a  further  time^  an  act  intituled 
^*Jn  act  for  the  more  ^eetual  preaervaHon  cf  peace  in  the  ports  and  harbors  tf 
the  United  States^  and  in  the  waters  under  ihetr  jurisdietionJ** 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  act,  intituled  "An  act 
for  the  more  effectual  preservation  of  peace  in  the  ports  and  harbors  of 
the  United  States,  and  in  the  waters  under  their  jurisdiction,"  passed 
on  the  third  day  df  March,  in  the  year  of  our  Lord  one  thousand  eight 
hundred  and  five,  be,  and  the  same  hereby  is  continued  in  force  for  the 
term  of  two  years,  and  from  thence  to  tiie  end  of  the  neit  session  of 
Congress,  and  no  longer. 

Approved,  April  19,  1808. 


Statutx  I. 
April  20,  1808. 

[Expired.] 
Act  of  March 

17, 1800, ch. 15^ 

revived  and 

continued  in 

force  until 

March  3,  1814. 
1800,  ch.  15. 
1814,  eh.  80. 


Statute  I. 

April  21,  1808. 

No  member 
of  Congreaa  to 
have  any  poblic 
contract,  under 
the  authority  of 
the  U.  Sutea, 
directly  or  indl* 
rectly. 


Chap.  XLVII. — Jn  Ad  to  revive  and  continue  in  force  **«tfn  act  declaring  <As 
assent  <f  Congress  to  certain  acts  tf  the  states  tf  Maryland  and  Georgia, 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  the  act  which  passed  the 
seventeenth  day  of  March,  in  the  year  one  thousand  eight  hundred, 
intituled  "An  act  declaring  the  assent  of  Congress,  to  certain  acts  of 
the  states  of  Maryland  and  Georgia,"  be,  and  the  same  is  hereby  revived 
and  continued  in  force  until  the  third  day  of  March,  one  thousand  eight 
hundred  and  fourteen. 

Approved,  April  20,  1808. 


CiiAP.  XLVIII.— .^n  ^c<  concerning  public  contracts. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
J^ates  of  America  in  Congress  assembted/Thtii  from  and  after  the  passage 
of  this  act,  no  member  of  Congress  shcdl,  directly  or  indirectly,  himsdf, 
or  by  any  other  person  whatsoever,  in  trust  for  him,  or  for  his  use  or 
benefit,  or  on  his  account,  undertake,  execute,  hold  or  enjoy,  in  the 
whole  or  in  part,  any  contract  or  agreement  hereafter  to  be  made  or 
entered  into  with  any  officer  of  the  United  States,  in  their  behalf,  or 
with  any  person  authorized  to  make  contracts  on  the  part  of  the  United 
States;  and  if  any  member  of  Congress  shall,  directly  or  indirectly,  him- 
self, or  by  any  other  person  whatsoever,  in  trust  for  him,  or  for  his  use 
or  benefit,  or  on  his  account,  enter  into,  accept  of,  agree  for,  undertake 
or  execute  any  such  contract  or  agreement,  in  the  whole,  or  in  part, 
every  member  so  offending,  shall,  for  every  sach  offence,  upon  conviction 


TENTH  CONGRESS.    Sbss.  I.  Gh.  50.    1806. 


485 


thereof,  before  any  court  of  the  United  States,  or  of  the  territories  there- 
of, having  cognizance  of  such  offence,  be  adjudged  guilty  of  a  high  mis- 
demeanor, and  shall  be  fined  three  thousand  dollars;  and  every  such 
contract  or  agreement  as  aforesaid  shall  moreover  be  absolutely  void  and 
of  no  effect :  Provided  nevertheless,  that  in  all  cases  where  any  sum  or 
sums  of  money  shall  have  been  advanced  on  the  part  of  the  United 
States,  in  consideration  of  any  such  contract  or  agreement,  the  same 
shall  be  forthwith  repaid ;  and  in  case  of  refusal  or  delay  to  repay  the 
same,  when  demanded,  by  the  proper  officer  of  the  department  under 
whose  authority  such  contract  or  agreement  shaU  have  been  made  or 
entered  into,  every  person  so  refusing  or  delaying,  together  with  his 
surety  or  sureties,  shall  be  forthwith  prosecuted  at  law  for  the  recovery 
of  any  such  sum  or  sums  of  money  advanced  as  aforesaid. 

Sec.  2.  And  be  it  further  enacted,  That  nothing  herein  contained 
shall  extend,  or  be  construed  to  extend  to  any  contract  or  agreement, 
made  or  entered  into,  or  accepted,  by  any  incorporated  company,  where 
such  contract  or  agreement  shall  be  made  for  the  general  benefit  of  such 
incorporation  or  company ;  nor  to  the  purchase  or  rale  of  bills  of  exchange 
or  other  property  by  any  member  of  Congress,  where  the  wme  shall  be 
ready  for  delivery,  and  for  which  payment  shall  be  made  at  the  time  of 
making  or  entering  into  the  contract  or  agreement. 

Sbc.  3.  And  be  it  further  enacted.  That  in  every  such  contract  or 
agreement  to  be  made  or  entered  into,  or  accepted  as  aforesaid,  there 
shall  be  inserted  an  express  condition  that  no  member  of  Congress  shall 
be  admitted  to  any  share  or  part  of  such  contract  or  agreement,  or  to 
any  benefit  to  arise  thereupon. 

Sec.  4.  And  be  k  further  enacted,  That  if  any  officer  of  the  United 
States,  on  behalf  of  the  United  States,  shall  directly  or  indirectly  make 
or  enter  into  any  contract,  bargain,  or  agreement,  in  writing  or  other- 
wise, other  than  such  as  are  herein  excepted,  with  any  memW  of  Con- 
gress, such  officer  so  offending,  on  conviction  thereof  before  any  court 
having  jurisdiction  thereof,  shall  be  deemed  and  taken  to  be  guilty  of  a 
high  misdemeanor,  and  be  fined  in  a  sum  of  three  thousand  dollars. 

Sec.  5.  And  be  it  further  enacted,  That  fi'om  and  afier  the  passing 
of  this  act  it  shall  be  the  duty  of  the  Secretary  of  the  Treasury,  Secre- 
tary of  War,  Secretary  of  the  Navy,  and  the  Postmaster-General  annually, 
to  lay  before  Congress,  a  statement  of  all  the  contracts  which  have  been 
made  in  their  respective  departments,  during  the  year  preceding  such 
report,  exhibiting  in  such  statement  the  name  of  the  contractor,  the 
article  or  thing  contracted  for,  the  place  where  the  article  was  to  be 
delivered,  or  the  thing  performed,  the  sum  to  be  paid  for  its  performance 
or  delivery,  the  date  and  duration  of  the  contract. 

Approved,  April  21,  1808. 


Peoilcy  of 
three  thonnnd 
doUen. 


Adrucei 
made  by  the  U. 
Statea  to  be  re- 
paid. 


Chap.  L. — Jin  Jet  for  the  etiabKthmentrf  a  Turnpike  Company  in  the  county 
of  Alexandria,  in  the  Uietrict  of  Columbia, 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  Jonah  Thompson,  Tho- 
mas Swann,  Charles  Alexander,  Edmund  I.  Lee,  Jacob  Hoffman,  Cutb- 
bert  Powel,  and  John  Mandeville,  or  a  majority  of  them,  be,  and  they 
are  hereby  constituted  a  board  of  commissioners,  with  full  power  and 
authority  to  open,  or  cause  to  be  opened,  books  for  receiving  and  enter- 
ing subscriptions  for  raising  a  capital  stock,  not  exceeding  twenty  thou- 
rand  dollars,  in  shares  of  filly  dollars  each,  for  the  purpose  of  opening, 
gravelling,  and  improving  a  road  not  exceeding  one  hundred,  nor  less 
than  thirty  feet  wide,  between  the  town  of  Alexandria  and  Bridgepoint, 
on  Alexander's  island,  opposite  the  city  of  Washington,  and  of  erecting 

282 


Provitiona  of 
thia  act  not  to 
eitend  to  incor- 
porated  compa- 
oiea,  or  to  billa 
of  eichaoge  ne- 
gotiated by 
membera  of 
Congreaa. 

Membera  of 
Congreaa  to  be 
eicepted  by 
particalar 
claaaes  ft-om 
participation  in 
public  con- 
tracta,  kc,  fcc. 

Penaltiea  up- 
on officera  mak- 
ing public  con- 
tracta  with 
membera  of 
Congreaa. 


Secretary  of 
the  Treasury, 
War,  kc.   to 
make  to  Con- 
gress, annual 
atatements  of 
contracts  made 
by  their  depart- 
ments. 


Statute  I. 
April  SI,  1808. 


A  board  of 
commissioners 
for  receiring 
subscriptions, 
appointed. 


496 


TENTH  CONGRESS.    Sbss.  I.  Ch.  60.     180a 


ProTiio. 


Subseribert 
created  a  bodj 
politic,    by  the 
name  of  the 
Washinston  and 
Alexandria 
turnpike    com- 
pany, &c.  &c. 


Board  of  com- 
missioners to 
call   a  meeting 
of  the  stock- 
holders to 
choose  directors 
Ifcc.  &c. 


a  bridge  over  Fourmile  creek,  in  the  county  of  Alexandria;  and  of 
making  such  other  incidental  works,  and  defraying  such  other  incidental 
expenses,  as  may  be  deemed  necessary  or  expedient  by  the  company 
herein  after  named ;  the  time,  place,  and  manner  of  receiving  and  enter- 
ing such  subscriptions  to  be  ascertained  by  the  said  board  of  commis- 
sioners, and  duly  advertised  in  such  gazettes  as  they  may  deem  expedient : 
Provided,  that  the  time  to  be  fixed  upon  by  the  said  board  of  commis- 
sioners for  opening  books  for  receiving  the  said  subscriptions,  shall  be 
on  or  before  the  first  Monday  in  April  next ;  and  that  no  subscription 
shall  be  received,  unless  the  sum  of  ten  dollars  be  first  paid  into  the 
hands  of  the  person  authorized  to  receive  the  same,  on  each  share  sub- 
scribed for. 

Sec.  2.  And  be  it  further  enacted.  That  whenever  two  hundred  of 
the  said  shares  shall  be  subscribed  for,  all  persons  who  may  then  be,  or 
thereafter  may  become,  the  actual  holders  or  proprietors  of  shares  in  the 
said  capital  stock,  either  as  subscribers  for  the  same,  or  as  the  legal 
representatives,  successors,  or  assignees  of  such  subscribers,  shall  be, 
and  they  are  hereby  made  and  created,  a  body  politic  and  corporate,  by 
the  name  and  style  of  "The  Washington  and  Alexandria  Turnpike 
Company,"  and  by  that  name  may  sue  and  be  sued,  implead  and  be 
impleaded,  and  do  and  suffer  all  acts,  matters  and  things  which  a  body 
politic  and  corporate  may  lawfully  do  and  sufier ;  and  may  have  a  com- 
mon seal,  and  the  same  may  break  and  alter  at  pleasure,  and  may  make 
all  by-laws,  rules,  regulations,  and  ordinances,  for  the  good  goveniment 
and  well  being  of  the  said  company,  and  for  carrying  into  effect  the 
objects  of  their  institution,  so  that  such  by-laws,  rules,  regulations,  or 
ordinances  be  not  repugnant  to  the  laws  of  the  United  States  in  force 
within  the  said  county  of  Alexandria. 

Sec.  3.  And  he  it  further  enacted,  That  when  two  hundred  of  the 
said  shares  shall  be  subscribed  for,  as  aforesaid,  or  as  soon  after  as  may 
be,  the  said  board  of  commissioners  shall  call  a  meeting  of  the  company, 
at  the  town  of  Alexandria,  by  public  advertisement  in  one  or  more 
gazettes  published  in  Washington  and  Alexandria,  appointing  a  fit 
and  convenient  time  and  place  of  meeting  for  the  purpose  of  electing 
five  directors,  a  clerk  and  a  treasurer,  and  such  oflicers,  agents,  and 
servants,  as  the  said  company  may  think  fit  to  appoint,  and  for  transact- 
ing any  other  business,  in  pursuance  of  this  act,  and  appertaining  to  the 
nature  and  objects  of  the  institution  of  the  said  company ;  and  the  said 
board  of  commissioners  shall,  if  necessary,  adjourn  the  said  meeting 
from  time  to  time,  until  a  quorum  shall  be  formed ;  and  a  majority  of 
the  said  company,  or  the  proprietors  of  two  thirds  of  the  number  of 
shares  actually  subscribed  for,  their  legal  representatives,  successors,  or 
proxies,  shall  be  a  quorum  to  do  business ;  and  the  said  board  of  com- 
missioners, before  opening  the  said  subscription  books,  shall  ascertain 
and  publish  in  their  said  advertisement,  a  fit  and  convenient  mode  of 
authenticating  all  powers  of  attorney,  authorizing  subscriptions  to  be 
made  in  the  name  of  any  person  or  persons;  and  before  calling  a  meet- 
ing of  the  said  company  shall  ascertain  and  publish  in  their  advertise- 
ment, a  fit  and  convenient  mode  of  authenticating  all  instruments  of 
writing,  authorizing  any  person  or  persons  to  act  and  vote  at  such  meet- 
ing, as  the  proxy  or  proxies  of  any  member  of  the  said  company ;  all 
which  powers  of  attorney  and  instruments  of  writing  shall  be  filed  with 
the  clerk  of  the  said  company,  and  by  him  be  safely  kept  among  the 
records  and  documents  appertaining  to  his  office;  and  as  soon  as  a 
quorum  of  the  said  company  and  a  board  of  directors  shall  be  formed  as 
aforesaid,  all  the  powers,  authority,  and  duties  whatsoever,  by  this  act 
vested  in  the  said  board  of  commissioners,  shall  cease  and  determine, 
and  thenceforward  become  vested  in  the  directors,  for  the  time  being, 
of  the  said  company,  under  such  limitations  and  restrictions  as  the  said 


TENTH  CONGRESS.    Sess.  I.  Ch.  50.     1806. 


487 


company  may  think  fit  to  prescribe.  And  the  said  board  of  commis- 
sioners shall  account  to  the  said  company,  at  the  first  meeting  of  the 
same,  for  all  monies  received  by  them  or  their  agents,  on  account  of 
such  subscriptions,  and  shall  immediately  pay  over  the  same  to  the  trea- 
surer of  the  said  company,  or  to  such  other  person  or  persons  as  the 
said  company  may  direct  and  appoint ;  the  said  company,  nevertheless, 
to  allow  all  just  credits  for  monies  actually  and  necessarily  expended  by 
the  said  board  of  commissioners,  in  the  execution  of  their  said  trust  and 
duties. 

Sec.  4.  And  be  it  further  enacted^  That  there  shall  be  annually  holden, 
on  the  first  Monday  in  January,  a  meeting  of  the  said  company,  for  the 
purpose  of  electing  five  directors,  a  clerk,  and  a  treasurer;  and  the  said 
company  shall  have  power,  at  any  meeting  legally  called  and  constituted, 
in  pursuance  of  this  act,  to  displace  any  of  their  directors  or  officers,  and 
to  supply  by  a  new  election  or  appointment,  all  vacancies  that  may  hap- 
pen among  the  directors  or  officers  of  the  company ;  and  the  said  com- 
pany shall  have  power  to  prescribe  and  regulate  the  powers  and  duties 
of  the  said  directors,  and  of  all  other  officers  of  the  company ;  and  a 
majority  of  the  said  directors  may,  from  time  to  time,  elect  one  of  their 
body  as  president,  and  may  provisionally  supply,  by  their  own  election, 
any  vacancies  that  may  happen  among  the  nnmber  of  directors,  or  among 
any  of  the  officers  of  the  company :  and  the  persons  so  elected  by  the 
said  directors  may  continue  in  office  till  the  next  legal  meeting  of  the 
company ;  and  the  directors  of  the  said  company  to  be  elected  in  pur- 
suance of  this  act,  shall,  unless  sooner  displaced  by  the  said  company, 
continue  in  office  until  the  first  Monday  in  January  next  succeeding  their 
election,  and  from  that  time  until  a  new  election  shall  be  made  by  the 
said  company. 

Sec.  5.  And  he  it  Jurther  enacted,  That  a  meeting  of  the  said  com- 
pany may,  at  any  time,  be  called  by  a  majority  of  the  directors  of  the 
company,  for  the  time  being,  or  by  one  third  of  the  members  of  the  said 
company,  or  by  the  proprietors  of  one  third  of  the  shares  actually  sub- 
scribed for,  or  the  legal  representatives  or  successors  of  such  members  or 
proprietors :  Provided  hoioever,  that  no  meeting  of  the  said  company  shall 
be  legal  or  valid,  unless  a  quorum  shall  be  formed,  consisting  of  the  majo- 
rity of  the  members  of  the  said  company,  or  of  the  proprietors  of  at  least 
two  thirds  of  the  number  of  shares  actually  subscribed  for,  their  legal 
representatives,  successors  or  proxies,  nor  unless  the  place,  (being  within 
the  town  of  Alexandria,)  and  the  time  of  such  meeting  be  previously 
advertised  for  three  weeks  successively,  in  one  or  more  gazettes  in  the 
city  of  Washington  and  Alexandria. 

Sec.  6.  And  be  it  further  enacted.  That  every  director,  clerk  and 
treasurer,  before  he  acts  as  such,  shall  take  an  oath  or  affirmation,  for 
the  due  execution  of  his  office. 

Sec.  7.  And  be  k  further  enacted,  That  the  said  shares  shall  be 
negotiable  and  transferable  from  one  to  another,  by  assignments  in  writ- 
ing, executed  before  two  witnesses  at  the  least,  and  authenticated  and 
registered,  as  the  said  company  may  prescribe  and  direct  in  their  by-laws 
and  regulations. 

Sec.  8.  And  be  it  further  enacted.  That  the  amount  of  each  share 
shall  be  paid  by  instaJmenta  of  ten  dollars,  at  such  times  as  the  said 
directors,  for  the  time  being,  shall  appoint;  and  in  case  any  instalment 
or  instalments  shall  not  be  paid  at  ihe  time  appointed,  or  within  ten  days 
thereafler,  the  same  may  be  recovered  in  the  name  of  the  company,  by 
warrant  from  a  justice  of  the  peace,  if  the  amount  due  shall  not  exceed 
twenty  dollars;  and  if  the  sum  so  due  shall  exceed  twenty  dollars,  the 
same  may  be  recovered  by  motion,  in  the  name  of  the  said  company,  on 
ten  days'  notice,  in  any  court  of  record  in  the  county  or  district  where 
the  debtor  may  be  found ;  and  in  all  such  warrants  and  motions  the 


Directon  to 
be  annaallj  ap- 
pointed by  the 
company,  se. 


Meeting  of 
the  company 
may  be    called 
by  a  majority  of 
the  directon. 


A  quorum  to 
consist  of  a  ma- 
jority  of  the 
members  of  the 
company. 


Directors  he, 
ftc.  to  take  an 
oath  of  office. 

Shares  trans, 
ferable. 


Shares  to  be 
paid  for  by  in- 
stalments. 


Mode  of  re- 
covering arreara 
of  instalments. 


468 


TENTH  CONGRESS.    Sbss.  I.  Ch.  50.    1806. 


Former  pay- 
ments    towardi 
opening  the 
road,  to  be 
placed  to  the 
credit  of  those 
who     advanced 
the  money,  and 
now  wish  to 
purchase   stock 
in  this  compa- 
ny. 

Direction  or 
course  of  the 
road. 


Abridge  to  be 
built  over  Four 
BCile  creek. 


Land  through 
which  the  road 
is  to  pass  msy 
chased. 


be 
ftc. 


purch 
fco. 


Tolls,    when 
demandable. 


certificate  of  the  clerk  of  the  said  company  shall  be  conclusive  evidence 
of  the  defendant's  being  a  member  of  the  company,  and  prima  facie  evi- 
dence of  the  amount  due  on  the  shares  held  by  such  defendant;  and  if 
such  instalment  or  instalments  be  not  paid  within  sixty  days  after  the 
time  limited  for  the  payment  of  the  same,  and  advertised  for  four  weeks 
successively  in  one  or  more  gazettes  published  in  Washington  or  Alex- 
andria, the  president  and  directors  of  the  said  company  may  proceed  to 
forfeit,  for  the  use  of  the  company,  the  share  or  shares  of  the  person  or 
persons  so  failing  to  pay. 

Sbc.  9.  And  whereas^  certain  individuals  have  already  subscribed  and 
paid  sundry  small  sums  of  money,  which  have  been  appropriated  to  the 
purpose  of  opening  and  partially  improving  the  said  road  from  Alexan- 
dria to  Washington :  Be  it  further  enaetedf  That  it  shall  and  may  be 
lawful  for  the  said  board  of  commissioners  to  place  the  said  payments  to 
the  credit  of  those  individuals,  who  have  respectively  paid  the  same,  and 
who  are  desirous  of  purchasing  stock  in  the  said  company,  by  allowing 
them  the  full  amount  of  the  money  they  have  respectively  advanced,  in 
the  purchase  of  a  share  or  shares  in  the  said  company. 

Sec.  10.  And  he  iifiiriher  enacted,  That  the  said  company  be,  and 
they  are  hereby  authorized  and  empowered  to  open,  extend,  gravel  and 
improve,  in  the  turnpike  manner,  a  good  and  sufficient  road,  com- 
mencing at  the  intersection  of  Washington  and  Montgomery  streets,  in 
the  said  town  of  Alexandria,  thence  extending  in  a  straight  line  to  the 
northeastern  comer  of  the  almshouse  lot,  and  thence  by  the  most  eligible 
and  convenient  route,  to  Bridgepoint,  on  Alexander's  idand ;  and  also  to 
erect  and  build,  or  cause  to  be  erected  and  built  over  Fourmile  creek, 
a  good  and  sufficient  bridge,  of  sound  and  suitable  materials,  and  in  all 
respects  adequate  for  the  passage  of  travellers,  horses  and  carriages,  with 
a  secure  railing  on  each  side,  at  least  four  feet  high,  and  a  convenient 
way  for  foot  passengers  on  one  side,  which  shall  be  separated  from  the 
carriage  way,  by  a  good  and  sufficient  railing,  at  least  four  feet  high. 

Sec.  11.  And  be  it  Jurther  enacted,  That  it  shall  and  may  be  lawful 
for  the  said  president  and  directors,  or  the  majority  of  them,  to  agree 
with  the  owners  of  any  land,  through  which  the  said  road  is  intended  to 
pass,  for  the  purchase  thereof:  and  in  case  of  disagreement,  or  in  case 
the  owner  thereof  shall  be  a  feme  covert,  under  age,  non  compos,  or  out 
of  the  district,  on  application  to  one  of  the  judges  of  the  circuit  court, 
the  said  judge  shall  issue  a  warrant  directed  to  the  marshal  of  the  dis- 
trict, to  summon  a  jury  of  twenty-four  inhabitants  of  Alexandria  county, 
of  property  and  reputation,  not  related  to  the  parties,  nor  in  any  manner 
interested,  to  meet  on  the  land  to  be  valued,  at  a  day  to  be  expressed  in 
the  warrant,  not  less  than  ten,  nor  more  than  twenty  days  thereafter ; 
and  the  marshal,  upon  receiving  the  said  warrant,  shall  forthwith  sum- 
mon the  said  jury,  and  when  met,  provided  there  be  not  less  than  twelve, 
shall  administer  an  oath  or  affirmation  to  every  juryman  that  shall  appear, 
**  That  he  will  faithfully,  justly,  and  impartially  value  the  land  not  ex- 
ceeding the  width  of  one  hundred  feet,  and  all  damages  the  owner  thereof 
shall  sustain  by  opening  the  road  through  such  land,  according  to  the 
best  of  his  skil]  and  judgment."  And  Uie  inquisition  thereupon  taken 
shall  be  signed  by  the  marshal  and  by  the  jurymen  present,  and  returned 
by  the  marshal  to  the  clerk  of  the  county,  to  be  by  him  recorded.  And 
upon  every  such  valuation,  the  jury  is  hereby  directed  to  describe  and 
ascertain  the  bounds  of  the  land  by  them  valued ;  and  their  valuation 
shall  be  conclusive  on  all  persons,  and  shall  be  paid  by  the  said  president 
and  directors  to  the  owner  of  the  land,  or  his  legal  representative ;  and 
on  payment  thereof  said  land  shall  become  an  open  public  road  for  ever. 

Sec.  12.  And  be  it  further  enacted.  That  as  soon  as  the  said  road 
shall  be  opened  and  improved,  and  the  said  bridge  shall  be  erected  and 
built,  as  required  by  this  act,  the  said  company  shall  be  entitled  to  de- 


TENTH  CONGRESS.    Ssss.  L  Ch.  51.    1806. 


<80 


mand  and  receive  by  their  prq)er  agents,  serrants,  or  officers,  at  the  said 
bridge,  tolls  not  exceeding  the  following  rates,  to  be  regulated  from  time 
to  time  by  the  circuit  court  of  the  United  States,  in  and  for  the  district 
of  Columbia,  in  the  county  of  Alexandria,  under  the  direction  of  Con- 
gress; for  each  person  and  horse,  six  cents  and  a  quarter;  for  each 
chaise,  sulky,  or  riding  chair,  twelve  and  a  half  cents ;  for  each  coach, 
coachee,  stage-wagon,  chariot,  phaeton,  or  curricle,  or  other  riding  car- 
riage, twenty-five  cents,  and  the  further  sum  of  four  cents  for  each  horse, 
more  than  two,  by  which  such  coach,  coachee,  chariot,  phaeton,  or  cuni^ 
cle,  shall  be  drawn ;  for  each  sled  or  sleigh,  twelve  and  a  half  cents,  and 
the  further  sum  of  four  cents  for  each  horse  or  other  beast,  more  than 
two,  by  which  such  sled  or  sleigh  shall  be  drawn;  for  each  four-wheeled 
wagon,  cart,  or  other  four-wheeled  carriage  of  burthen,  twenty-five  cents, 
and  the  further  sum  of  four  cents  for  each  horse  or  other  beast,  more 
than  two,  by  which  the  same  shall  be  drawn ;  for  each  two-wheeled  cart, 
dray,  or  other  two-wheeled  carriage  of  burthen,  twelve  and  a  half  cents, 
and  the  further  sum  of  four  cents  for  each  horse  or  other  beast,  more 
than  one,  by  which  the  same  shall  be  drawn ;  for  each  sheep  or  swine, 
one  cent;  for  horses  and  neat  cattle,  other  than  those  in  teams,  drawing 
sleds,  sleighs,  or  carriages,  or  those  with  riders,  two  cents  each.  And 
it  shall  be  the  duty  of  the  said  company  to  keep  posted  up,  in  some  con- 
spicuous place,  at  the  said  bridge  where  the  toll  is  collected,  a  printed 
list  of  the  rates  of  toll  allowed  by  this  act,  and  for  every  day  the  same 
shall  be  neglected,  they  shall  forfeit  and  pay  one  dollar,  to  be  recovered 
by  warrant,  by  any  person  who  shall  sue  for  the  same. 

Sbc.  13.  And  be  it  Jurther  enacted^  That  it  shall  be  the  duty  of  the 
said  corporation,  to  keep  the  said  road  and  bridge  in  good  repair;  and 
if  in  neglect  of  their  said  duty,  the  9aid  corporation  shall  at  any  time 
suffer  the  said  road  or  bridge  to  be  out  of  repair,  so  as  to  be  unsafe  or 
inconvenient  for  passengers,  the  said  corporation  shall  be  liable  to  be 
presented  for  such  neglect,  before  any  court  of  competent  jurisdiction, 
and  upcm  conviction  Uiereof,  to  pay  to  the  United  States  a  penalty  not 
exceeding  one  hundred  dollars,  at  the  discretion  of  the  court;  and  shall 
also  be  responsible  for  all  damages,  which  may  be  sustained  by  any  per- 
son or  persons,  in  consequence  of  such  want  of  repair,  to  be  recovered 
in  an  action  of  trespass  on  the  case,  in  any  court  competent  to  try  the 
same :  Provided  aboays,  and  it  is  further  enacted,  that  whenever  the 
nett  proceeds  of  toll  collected  on  said  road  shall  amount  to  a  sum  suffi- 
cient to  reimburse  the  capital  stock,  which  shall  be  expended  in  the 
purchase  of  said  land,  building  said  bridge,  and  making  said  road,  and 
twelve  per  cent  interest  thereon,  to  be  ascertained  by  said  circuit  court, 
the  same  shall  become  a  free  road,  and  toll  shall  be  no  longer  collected 
thereon ;  and  said  company  shall  annually  make  returns  to  said  circuit 
court,  of  the  amount  of  toU  collected,  and  of  their  necessary  expenses, 
so  as  to  enable  said  circuit  court  to  determine  when  said  toll  shaD  cease. 

Approybd,  April  21,  1808. 


lUtMOftolll. 


Chap.  LI. — Jn  Act  to  eoniinue  in  force  an  act  intituled  **Jn  act  to  extend  jurie* 
diction  in  certain  cane  to  state  judges  and  state  courts  i  and  for  other  pur^ 
j)osesJ*\a) 

Be  it  enacted  by  the  Senate  and  House  of  Rqfreseniatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  act,  intituled  *<An 
act  to  extend  jurisdiction  in  certain  cases  to  state  judges  and  state 
courts,"  passed  the  eighth  day  of  March,  one  thousand  eight  hundred 
and  six,  be,  and  the  same  is  hereby  continued  in  force  without  limitation 
of  time. 


Road    to   be 
kept  in  good 
repair. 


PenaltiM. 


PiovIm. 


Statutb  I. 
April  91, 1808. 


Act  of  March 
8,  1806,  eh.  14, 
contineed  in 
force  withont 
limitation. 


Vol.  II.— 62 


(a)  See  notes  to  act  of  March  8, 1806,  chap.  14. 


490 


TENTH  CONGRESS.    Sess.  I.  Ch.  62,  53, 55.     180a 


Sec.  2.  And  be  it  further  enacted,  That  the  several  provisions  of  the 
above-mentioned  act,  intituled  "An  act  to  extend  jurisdiction  in  certain 
cases  to  state  judges  and  state  courts,"  be,  and  the  same  are  hereby  ex- 
tended to  the  respective  county  courts  within,  or  next  adjoining  the 
revenue  districts  in  the  state  of  Ohio  on  Lake  Erie,  and  to  the  district 
attorney  of  the  United  States  for  the  district  of  Ohio. 

Approved,  April  21,  1806. 


Statdts  I. 


[Repealed.] 
Act  of  March 
1, 1809,  ch.  24, 
sec.  19. 

In  the  erent 
of  peace  or  sub. 
pension  of  hos- 
tilities between 
the  bellifferent 
powers  of  Eu- 
rope the  embar. 
go  mav  be  sus- 
pended. 

ia07,  ch.  5. 
180B,  ch.  8. 


April  22, 1808.  Chap.  Lll — Jn  Act  to  authorize  the  President  rf  theJJhited  Statea^  under  certain 
conditions^  to  suspend  the  operation  of  the  act  laying  an  embargo  on  alt  Mps 
and  vessels  in  the  ports  and  harbors  cf  the  United  States^  and  the  eevaral  acts 
supplementary  thereto. 

Be  it  eniuted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  in  the  event  of  such 
peace  or  suspension  of  hostilities  between  the  belligerent  powers  of 
Europe,  or  of  such  changes  in  their  measures  affecting  neutral  com- 
merce, as  may  render  that  of  the  United  States  sufficiently  safe,  in  the 
judgment  of  the  President  of  the  United  States,  he  is  hereby  authorized, 
during  the  recess  of  Congress,  to  suspend,  in  whole  or  in  part,  the  act 
laying  an  embargo  on  all  ships  and  vessels  in  the  ports  and  harbors  of 
the  United  States,  and  the  several  acts  supplementary  thereto,  under 
such  exceptions  and  restrictions,  and  on  such  bond  and  security  being 
given  as  the  public  interest  and  circumstances  of  the  case  may  appear 
to  require:  Provided,  such  suspension  shall  not  extend  beyond  twenty 
days  after  the  next  meeting  of  Congress. 

Approved,  April  22,  1808. 


Statute  I. 


April  22,  1808. 

Meeting  of 
Congress  on  the 
first  Monday  in 
Nov.  1808. 


Statute  I. 

AprU  23,  1808. 

Act   of  May 

8,  1792,  ch.  33. 

Act  of  March 
2, 1803,  ch.  15. 

Act  of  April 
10, 1806,  ch.  20. 

Act  of  April 
18, 1814,  ch.  80. 

Act  of  April 
24, 1816,  ch.  69. 

Act  of  May 
12, 1820,  ch.  96. 

Act  of  March 
2, 1821,  ch.  12, 
sec.  14. 

Annual  appro- 
priation  for  arms 
and  militarj 
equipments. 

President  au- 
thorised to  pur- 
chase sites  for 
arsenals,  &c. 

Arms  to  be 
distributed 


Chap.  LIII.— w^n  Jict  to  alter  the  time  for  the  next  meeting  of  Congress, 

Be  it  eniuted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  after  the  adjournment 
of  the  present  session,  the  next  meeting  of  Congress  shall  be  on  the 
first  Monday  of  November  next. 

Approved,  April  22,  1808. 


Chap.  LV. — J3n  Act  making  provision  for  arming  and  equipping  the  whole  body 
rf  the  Militia  of  the  Unit^  States. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  the  annual  sum  of  two 
hundred  thousand  dollars  be,  and  the  same  hereby  is  appropriated,  for 
the  purpose  of  providing  arms  and  military  equipments  for  the  whole 
body  of  the  militia  of  the  United  States,  either  by  purchase  or  manu- 
facture, by  and  on  account  of  the  United  States. 

Sec.  2.  And  be  it  further  enacted.  That  the  President  of  the  United 
States  be,  and  he  hereby  is  authorized,  to  purchase  sites  for,  and  erect 
such  additional  arsenals  and  manufactories  of  arms,  as  he  may  deem 
expedient,  under  the  limitations  and  restrictions  now  provided  by  law: 
Provided  also,  that  so  much  of  any  law  as  restricts  the  number  of  work- 
men in  the  armories  of  the  United  States  to  one  hundred  men,  be,  and 
the  same  hereby  is  repealed. 

Sec.  8.  And  be  it  fitrther  enacted.  That  all  the  arms  procured  in 
virtue  of  this  act,  shall  be  transmitted  to  the  several  states  composing 
this  Union,  and  territories  thereof,  to  each  state  and  territory  respectively, 
in  proportion  to  the  number  of  the  effective  militia  in  each  state  and 
territory,  and  by  each  state  and  territory  to  be  distributed,  to  the  militia 


TENTH  CONGRESS.    Sess.  I.  Ch.  56, 57, 5a    180S. 


491 


in  such  state  and  territory,  under  such  rules  and  regulations  as  shall  be 
by  law  prescribed  by  the  legislature  of  each  state  and  territory. 
Approved,  April  23,  18Q8. 


Chap.  LVI.«->tff»  Jiet  to  e»tahU$h  certain  pott  road»  in  the  statee  cf  Georgia  and 

Ohio. 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives  rf  the  United 
States  of  America  in  Congress  assembled,  That  the  following  post  roads 
be  esUblished,  viz.  from  Darien,  by  John  Jones'  to  Milledgeville,  and 
from  thence  to  Athens ;  from  Sparta  to  Milledgeville,  and  from  thence 
by  Jones's  Courthouse  to  the  Garrison  on  Oakmulgee ;  from  Milledge- 
ville  to  Putnam  Courthouse,  and  from  thence  to  Morgan  Courthouse, 
and  to  Randolph  Courthouse ;  from  New  Lisbon  to  Canton,  in  Ohio. 

Approved,  April  23, 1808. 


unongflt  th« 
■tates  and  terri- 
toriM— in  what 
proportions. 

Statutb  I. 
April  23,  1808. 

Post  roada 
establiihed. 
Repealed  ISIO, 
ch.30. 


Statdtb  I. 


Chap.  LVIl. — Jn  Ml  making  an  appropriation  to  tupply  a  depdeney  in  an     April  23, 1808. 
eqppropriation  for  the  aupport  of  government  during  the  present  year,  and  mak-        [Obsolete.] 
ing  an  appropriation  for  defraying  the  expenaes  incident  to  the  valuation  ef 
hmues  andlands^  and  the  cnumeraium  of  staves  within  the  United  States, 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives  of  the  United  Appropriation. 
States  of  America  in  Congress  assembfed,  That  to  make  good  a  defi- 
ciency in  the  appropriation  for  the  contingent  expenses  of  both  houses 
of  Congress,  authorized  by  the  act  of  the  tenth  of  February  last,  the 
further  sum  of  seven  thousand  dollars  be,  and  the  same  hereby  is 
appropriated. 

Sec.  2.  And  he  it  further  enacted,  That  a  sum  not  exceeding  five  Appropriation, 
thousand  four  hundred  and  one  dollars  and  twenty-seven  cents,  the 
balance  of  a  former  appropriation  to  that  amount,  for  that  object,  hav- 
ing been  carried  to  the  credit  of  the  surplus  fund,  to  be  paid  out  of  any 
monies  in  the  treasury,  not  otherwise  appropriated,  be,  and  the  same  is 
hereby  appropriated,  for  defraying  the  further  expenses  incident  to  the 
valuation  of  houses  and  lands,  and  the  enumeration  of  slaves  within  the 
United  States. 

Approved,  April  23,  1808. 


Chap.  LVIII.— JPn  Jlct  concerning  invalid  penaionera.(a) 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  the  Secretary  of  War 
be,  and  he  is  hereby  directed  to  place  the  following  named  persons, 
whose  claims  have  been  transmitted  to  Congress,  pursuant  to  a  law 
passed  the  tenth  of  April,  one  thousand  eight  hundred  and  six,  on  the 
pension  list  of  invalid  pensioners  of  the  United  States,  according  to  the 
rates,  and  to  commence  at  the  times  herein  mentioned,  that  is  to  say : 

Thomas  Lamar  Davis,  at  the  rate  of  two  dollars  and  fifty  cents  per 
month,  to  commence  on  the  twenty-ninth  day  of  December,  one  thou- 
sand eight  hundred  and  seven. 

Albert  Chapman,  at  the  rate  of  ten  dollars  per  month,  to  commence 
on  the  seventeenth  day  of  October,  one  thousand  eight  hundred  and 
seven. 

Ambrose  Homan,  at  the  rate  of  two  dollars  and  fifty  cents  per  month, 
to  commence  on  the  fifteenth  day  of  December,  one  thousand  eight 
hundred  and  six. 


Statotb  I. 
April  26,  1808. 

Names  of  per- 
sons to  be 
plsced  on  the 
pension  list ; 
and  rates. 

1806,  ch.  25. 


W 


Some  of  the  lectioiM  or  this  act  are  of  a  poblic  and  general  eharactar.    See.  8,  4,  p.  96. 


mi  TENTH  CONGRESS.    Sess.  I.  Gh.  08.    180S. 


l^««Mo[>«A-  Riohard  Soott,  at  the  rate  of  two  ddlan  and  fifty  cents  per  montli, 
n^of  MB-  ^  commeoce  on  the  fifth  day  of  October,  one  thousand  eight  hundred 
and  seven. 

Francis  Blood,  at  the  rate  of  five  dollars  per  month,  to  commence  on 
the  sixteenth  day  of  I>ecember,  one  thousand  eight  hundred  and  six. 

Jonas  Green,  at  the  rate  of  (I've  dollars  per  month,  to  commence  on 
the  eiffhth  day  of  October,  one  thousand  eight  hundred  and  seven. 

WiUiam  Green,  at  the  rate  of  eight  dollars  per  month,  to  commence 
on  the  seventh  day  of  February,  one  thousand  eight  hundred  and  seven. 

Seth  Weed,  at  the  rate  of  six  dollars  per  month,  to  commence  on  the 
seventh  day  of  October,  one  thousand  eight  hundred  and  seven. 

Samuel  Lathrop,  at  Uie  rate  of  five  dollars  per  month,  to  commence 
on  the  twenty-second  day  of  September,  one  thousand  eight  hundred 
and  seven. 

Peter  Smith,  at  the  rate  of  four  dollars  per  month,  to  commence  on 
the  sixteenth  day  of  July,  one  thousand  eight  hundred  and  six. 

William  Johnston,  at  the  rate  of  two  dollars  and  fifty  cents  per  month, 
to  commence  on  the  first  day  of  April,  one  thousand  eight  hundred  and 
seven. 

James  Houston,  at  the  rate  of  fifteen  dollars  per  month,  to  commence 
on  the  thirteenth  day  of  July,  one  thousand  eight  hundred  and  seven. 

Jedediah  Hyde,  at  the  rate  of  fifteen  dollars  per  month,  to  commence 
on  the  third  day  of  August,  one  thousand  eight  hundred  and  seven. 

Samuel  Nesbit,  at  the  rate  of  five  dollars  per  month,  to  commence  on 
the  eighteenth  day  of  October,  one  thousand  eight  hundred  and  seven. 

Shepherd  Packard,  at  the  rate  of  three  ddlars  per  month,  to  com- 
mence on  the  seventh  day  of  February,  one  thousand  eight  hundred  and 
seven. 

Richard  Kisby,  at  the  rate  of  four  dollars  per  month,  to  commence 
on  the  twenty-fourth  day  of  March,  one  thousand  eight  hundred  and 
seven. 

Jonathan  Wilkins,  at  the  rate  of  two  dollars  and  fifty  cents  per  month, 
to  commence  on  the  twenty-sixth  day  of  March,  one  thousand  eight 
hundred  and  seven. 

Waterman  Baldwin,  at  the  rate  of  five  dollars  per  month,  to  commence 
on  the  twenty-fifth  day  of  October,  one  thousand  eight  hundred  and 
seven. 

John  Clark,  at  the  rate  of  eight  dollars  per  month,  to  commence  on 
the  fifteenth  day  of  December,  one  thousand  eight  hundred  and  seven. 

John  Venus,  at  the  rate  of  two  dollars  and  fifty  cents  per  month,  to 
commence  on  the  eleventh  day  of  December,  one  thousand  eight  hun- 
dred and  seven. 

John  Holcombe,  at  the  rate  of  fifteen  dollars  per  month,  to  commence 
on  the  first  day  of  December,  one  thousand  eight  hundred  and  seven. 

Richard  Steads,  at  the  rate  of  four  doUars  per  month,  to  commence 
on  the  ninth  day  of  December,  one  thousand  eight  hundred  and  seven. 

Alexander  Jones,  at  the  rate  of  three  dollars  thirty-three  and  one  third 
cents  per  month,  to  commence  on  the  nineteenth  day  of  June,  one  thou- 
sand seven  hundred  and  eighty-four. 

Benjamin  Saddler,  at  the  rate  of  three  dollars  per  month,  to  com- 
mence on  the  first  day  of  January,  one  thousand  eight  hundred  and 
three. 

Benjamin  Jenkins,  at  the  rate  of  two  dollars  and  fifty  cents  per  month, 
to  commence  on  the  sixteenth  day  of  September,  one  thousand  eight 
hundred  and  seven. 

William  Scott,  at  the  rate  of  twenty-five  dollars  per  month,  to  com- 
mence on  the  twelfth  day  of  March,  one  thousand  eight  hundred  and 
seven. 

James  Bruf^  at  the  rate  of  twenty  dollars  per  month,  to  oommenca 


TENTH  CONGRESS.    8mm.  L  Gb.  58.    180a  488 

OD  the  flereDteenth  day  of  Auguat,  one  thooaand  eight  hundred  and     Naaetorp«a. 
■e?en.  n^i^ 

Nathan  Taylor,  at  the  rate  of  ten  ddlam  per  month,  to  commence  on 
the  nineteenth  day  of  February,  one  thousand  eight  hundred  and  eight 

Aaron  Stevens,  at  the  rate  of  ten  dollars  per  month,  to  commence  on 
the  twenty-fourth  day  of  February,  one  thousand  eight  hundriMl  and 
eight 

Simon  Morgan,  at  the  rate  of  twenty  di^lars  per  month,  to  commence 
on  the  second  day  of  March,  one  thousand  eight  hundred  and  eight 

Jonathan  Patch,  at  the  rate  of  five  dollars  per  month,  to  commence 
on  the  eleventh  day  of  July,  one  thousand  eight  hundred  and  six. 

Ebenezer  Rowe,  at  the  rate  of  five  dollars  per  m<»ith,  to  commence 
on  the  sixteenth  day  of  January,  one  thousand  eight  hundred  and  seven. 

Benjamin  Kendrick,  at  the  rate  of  three  dollars  thirty*three  and  one 
third  cents  per  month,  to  commence  on  the  first  day  of  January,  one 
thousand  seven  hundred  and  eighty-six. 

Nicholas  Hoff^  at  the  rate  of  five  doUars  per  month,  to  commence  on 
the  twenty-second  day  of  February,  one  thousand  eight  hundred  and 
eight 

Samuel  Shaw,  at  the  rate  of  eight  dollars  per  month,  to  commence 
on  the  thirteenth  day  of  February,  one  thousand  eight  hundred  and 
eiffht 

Nicholas  Lott,  at  the  rate  of  two  doUars  and  fifty  cents  per  month,  to 
commence  on  the  twenty-third  day  of  January,  cme  thousand  eight  hun- 
dred and  eight 

Humphrey  Becket,  at  the  rate  of  two  dollars  and  fifty  cents  per  montli, 
to  commence  on  the  eighth  day  of  January,  one  thousand  eight  hundred 
and  eight 

Silas  Parrot,  at  the  rate  of  six  dollars  per  month,  to  commence  on 
the  tenth  day  of  February,  one  thousand  eight  hundred  and  eight 

Jared  Hinkley,  junior,  at  the  rate  of  two  dollars  and  fifty  cents  per 
month,  to  commence  on  the  nineteenth  day  of  January,  one  thousand 
eiffht  hundred  and  eight 

Francis  Davidson,  at  the  rate  of  four  dollars  per  month,  to  commence 
on  the  sixteenth  day  of  January,  one  thousand  eight  hundred  and  eight 

Andrew  Waggoner,  at  the  rate  of  twenty  dollars  per  month,  to  com- 
mence on  the  second  day  of  November,  one  thousand  eight  hundred 
and  seven. 

George  Richardson,  at  the  rate  of  four  dollars  per  month,  to  com- 
mence on  the  tenth  day  of  February,  one  thousand  eight  hundred  and 
eight. 

WiUiam  Wallace,  at  the  rate  of  eight  dollars  per  month,  to  commence 
on  the  thirtieth  of  January,  one  thousand  eight  hundred  and  eight 

Joseph  Bird,  at  the  rate  of  four  dollars  per  month,  to  commence  on 
the  twenty-ninth  day  of  January,  one  thousand  eight  hundred  and  eight 

John  St  John,  at  the  rate  of  five  dollars  per  month,  to  commence 
on  the  twenty-ninth  day  of  January,  one  thousand  eight  hundred  and 
eight 

Abner  Snow,  at  the  rate  of  three  dollars  and  seventy-five  cents  per 
month,  to  commence  on  the  twenty-seventh  day  of  January,  one  thou- 
sand eight  hundred  and  eight 

Aaron  Crane,  at  the  rate  of  two  dollars  and  fifty  cents  per  month,  to 
commence  on  the  third  day  of  November,  one  thousand  eight  hundred 
and  seven. 

James  Hawkley,  at  the  rate  of  five  dollars  per  month,  to  commence 
on  the  sixth  day  of  January,  one  thousand  eight  hundred  and  eight 

Elijah  Morse,  at  the  rate  of  four  dollars  per  month,  to  commence  on 
the  sixth  day  of  January,  one  thousand  eight  hundred  and  eight. 

John  Van  Anglen.  at  the  rate  of  fifteen  doUars  per  monUi,  to  com- 

2T 


494  TENTH  CONGRESS.    Sess.  I.  Ch.  58.     1808. 

Nameiofpen.    mence  on  the  third  day  of  November,  one  thousand  eight  hundred  and 
nonen,  and        seven. 

doni.^'^^"'  James  Boden,  at  the  rate  of  two  dollars  and  fifty  cents  per  month,  to 

commence  on  the  twenty-eighth  day  of  March,  one  thousand  eight  hun- 
dred and  eight. 

Isaac  Burnham,  at  the  rate  of  four  dollars  per  month,  to  commence 
on  the  first  day  of  January,  one  thousand  eight  hundred  and  three. 

Benjamin  Hillman,  at  the  rate  of  ten  dollars  per  month,  to  commence 
on  the  fourteenth  day  of  March,  one  thousand  eight  hundred  and 
eight. 

Silas  Pierce,  at  the  rate  of  ten  dollars  per  month,  to  commence  on 
the  seventh  day  of  March,  one  thousand  eight  hundred  and  eight 

Randel  M*  Allistor,  at  the  rate  of  five  dollars  per  month,  to  commence 
on  the  seventh  day  of  March,  one  thousand  eight  hundred  and  eight 

John  Durnal,  at  the  rate  of  three  dollars  per  month,  to  commence  on 
the  seventh  day  of  April,  one  thousand  eight  hundred  and  eight 

Jabez  Church,  at  the  rate  of  two  dollars  and  fifty  cents  per  month,  to 
commence  on  the  twenty-second  day  of  February,  one  thousand  eight 
hundred  and  eiffht 

Thomas  Macnin,  at  the  rate  of  ten  dollars  per  month,  to  commence 
on  the  nineteenth  day  of  March,  one  thousand  eight  hundred  and  eight 

David  Richey,  at  the  rate  of  two  dollars  and  fifty  cents  per  month,  to 
commence  on  the  second  day  of  April,  one  thousand  eight  hundred  and 
eight 
9  Sec.  2.  And  he  it  further  enacted^  That  the  pensions  of  the  follow- 
ing persons  already  placed  on  the  pension  list  of  the  United  States, 
1806,  ch.  26.  whose  claims  for  an  increase  of  pension  have  been  transmitted  to  Con- 
gress, pursuant  to  the  act  aforesaid,  be  increased  to  the  sums  herein  re- 
spectively annexed  to  their  names,  the  said  increase  to  commence  at  the 
times  herein  mentioned,  that  is  to  say : 

James  Campbell,  four  dollars  per  month,  to  commence  on  the  twenty- 
fifth  day  of  September,  one  thousand  eight  hundred  and  seven. 

John  Beardsley,  jun.  five  dollars  per  month,  to  commence  on  the  thir- 
teenth day  of  November,  one  thousand  eight  hundred  and  seven. 

Thomas  Bristol,  five  dollars  per  month,  to  commence  on  the  twenty- 
second  day  of  October,  one  thousand  eight  hundred  and  seven. 

Josiah  Smith,  five  dollars  per  month,  to  commence  on  the  twenty- 
ninth  day  of  December,  one  thousand  eight  hundred  and  seven. 

Joseph  Wace,  five  dollars  per  month,  to  commence  on  the  twenty- 
ninth  day  of  December,  one  thousand  eight  hundred  and  seven. 

Daniel  Buck,  five  dollars  per  month,  to  commence  on  the  seventeenth 
day  of  December,  one  thousand  eight  hundred  and  seven. 

Lemuel  King,  fiv^  dollars  per  month,  to  commence  on  the  twenty- 
third  day  of  December,  one  thousand  eight  hundred  and  seven. 

William  Wallace,  fn&  dollars  per  month,  to  commence  on  the  seven- 
teenth day  of  November,  one  thousand  eight  hundred  and  seven. 

Joseph  Saunders,  five  dollars  per  month,  to  commence  on  the  seventh 
day  of  February,  one  thousand  eight  hundred  and  seven. 

William  Hastings,  five  dollars  per  month,  to  commence  on  the  eleventh 
day  of  February,  one  thousand  eight  hundred  and  seven. 

Joshua  Lovejoy,  fivt  dollars  per  month,  to  commence  on  the  fifth  day 
of  June,  one  thousand  eight  hundred  and  seven. 

Isaac  Higgins,  three  dollars  thirty-three  and  one  third  cents  per 
month,  to  commence  on  the  twenty-ninth  day  of  September,  one  thou- 
sand eight  hundred  and  seven. 

Reuben  Dow,  fifteen  dollars  per  month,  to  commence  on  the  nin^ 
teenth  day  of  February,  one  thousand  eight  hundred  and  seven. 

Joseph  Harrup,  five  dollars  per  month,  to  commence  on  the  fifteenth 
day  of  September,  one  thousand  eight  hundred  and  seven. 


TENTH  CONGRESS.    Sess.  I.  Ch.  58.     1806.  495 

David  Ranney,  five  dollars  per  month,  to  commence  on  the  fifth  day      Namei  of  pen- 
of  November,  one  thousand  eight  hundred  and  seven.  Bionew,  and 

John  Whitehorn,  five  dollars  per  month,  to  commence  on  the  thirtieth  Sow.    '^°' 
day  of  September,  one  thousand  eight  hundred  and  seven. 

Richard  Sherman,  five  dollars  per  month,  to  commence  on  the  eighth 
day  of  October,  one  thousand  eight  hundred  and  seven. 

Noah  Sinclair,  three  dollars  and  seventy-five  cents  per  month,  to 
commence  on  the  eighth  day  of  October,  one  thousand  eight  hundred 
and  seven. 

Nathaniel  Church,  five  dollars  per  month,  to  commence  on  the  eighth 
day  of  October,  one  thousand  eight  hundred  and  seven. 

Gersham  Clarke,  five  dollars  per  month,  to  commence  on  the  first  day 
of  January,  one  thousand  eight  hundred  and  eight. 

John  M'Kinstrey,  twelve  dollars  per  month,  to  commence  on  the 
seventh  day  of  December,  one  thousand  eight  hundred  and  seven. 

Ebenezer  Perkins,  five  dollars  per  month,  to  commence  on  the  fifteenth 
of  September,  one  thousand  eight  hundred  and  seven. 

Henry  Ten  Eyck,  fifteen  dollars  per  month,  to  commence  on  the 
twenty-first  day  of  November,  one  thousand  eight  hundred  and  seven. 

Thomas  Simpson,  thirteen  dollars  thirty-three  and  one  third  cents  [per 
month],  to  commence  on  the  twenty-fourth  day  of  December,  one  thou- 
sand eight  hundred  and  six. 

John  Rybecker,  four  dollars  per  month,  to  commence  on  the  eighteenth 
day  of  April,  one  thousand  eight  hundred  and  seven.  * 

Lemuel  Dean,  five  dollars  per  month,  to  commence  on  the  eighth  day 
of  October,  one  thousand  eight  hundred  and  seven. 

Thomas  Johnson,  five  dollars  per  month,  to  commence  on  the  seven- 
teenth day  of  April,  one  thousand  eight  hundred  and  seven. 

Levi  Chubbuck,  three  dollars  and  seventy-five  cents  per  month,  to 
commence  on  the  twentieth  day  of  June,  one  thousand  eight  hundred 
and  seven. 

George  Walter,  two  dollars  and  fifty  cents  per  month,  to  commence 
on  the  twenty-fourth  day  of  February,  one  thousand  eight  hundred  and 
eight 

Samuel  Rossetter,  ^ve  dollars  per  month,  to  commence  on  the  thirtieth 
day  of  January,  one  thousand  eight  hundred  and  eight. 

Jeremiah  Prichard,  thirteen  dollars  thirty-three  and  one  third  cents 
per  month,  to  commence  on  the  sixth  day  of  January,  one  thousand 
eight  hundred  and  eight. 

Abner  Gage,  five  dollars  per  month,  to  commence  on  the  twenty-sixth 
day  of  January,  one  thousand  eight  hundred  and  eight. 

John  Devoe,  five  dollars  per  month,  to  commence  on  the  thirtieth  day 
of  January,  one  thousand  eight  hundred  and  eight. 

Nathaniel  Bradley,  five  dollars  per  month,  to  commence  on  the  twenty- 
sixth  day  of  January,  one  thousand  eight  hundred  and  eight. 

Thaddeus  Seely,  two  dollars  and  fifty  cents  per  month,  to  commence 
on  the  ninth  day  of  January,  one  thousand  eight  hundred  and  eight. 

John  Herron,  two  dollars  and  fifty  cents  per  month,  to  commence  on 
the  twenty-sixth  day  of  January,  one  thousand  eight  hundred  and  eight. 

Peter  Nevius,  four  dollars  per  month,  to  commence  on  the  seventeenth 
day  of  February,  one  thousand  eight  hundred  and  eight 

John  Hampton,  six  dollars  per  month,  to  commence  on  the  seventeenth 
day  of  February,  one  thousand  eight  hundred  and  eight 

Roswell  Woodworth,  five  dollars  per  month,  to  commence  on  the 
twenty-third  day  of  March,  one  thousand  eight  hundred  and  eight 

David  Hulbell,  five  dollars  per  month,  to  commence  on  the  nineteenth 
day  of  March,  one  thousand  eight  hundred  and  eight 

John  M'Coy,  five  dollars  per  month,  to  commence  on  the  fifteenth 
day  of  March,  one  thousand  eight  hundred  and  eight 


406 


TENTH  CONGRESS.    Sbss.  I.  Ch.  CM).    ISOa 


Ntmefofpen- 
■ionera,  and 
rates  of  pen- 


Secretary  of 
War  aothorised 
to  caose  to  be 
placed  on  the 
peuion  list  of 
the  U.  Sutea 
peraona  disabled 
in  the  revolu. 
tionary  war,  fco. 

No  person  to 
ezceea  the  sum 
allowed  by  the 
sixth  section  of 
the  act  of  April 
10,1806,  ch.  85. 

ProTiso. 


Persons  diss- 
bled  in  the  ac- 
tual senrice  of 
the  U.  SUtev 
since  the  revo- 
lution,  to  be 
placed  on  pen- 
sion list. 

At  what  rates. 

1806,  eh.  26. 


Pensioners 
now  to  be 
placed  on  pen- 
sion list  how  to 
be  paid. 


Statute  I. 


Caleb  Hunt,  five  dollars  per  month,  to  commence  on  the  fifth  day  of 
March,  one  thousand  eight  nundred  and  eight 

Henry  Gates,  five  dollars  per  month,  to  commence  on  the  ninth  day 
of  March,  one  thousand  eight  hundred  and  eight. 

David  Hall,  five  dollars  per  month,  to  commence  on  the  twelfth  day 
of  February,  one  thousand  eight  hundred  and  eight 

Jonah  Cook,  five  dollars  per  month,  to  commence  on  the  fourth  day 
of  April,  one  thousand  eight  hundred  and  eight 

William  Nelson,  five  ddUars  per  month,  to  commence  on  the  twenty- 
second  day  of  January,  one  thousand  eight  hundred  and  eight 

Sec.  3.  And  be  it  further  enacted.  That  the  Secretory  at  War  be, 
and  he  is  hereby  authorized  and  directed  to  place  on  the  pension  list  of 
the  United  Stotes,  all  persons  who  now  remain  on  the  pension  list  of 
any  of  the  states,  and  who  were  placed  on  the  same  in  consequence 
of  disability  occasioned  by  known  wounds  received  during  the  revolu- 
tionary war,  whether  such  person  or  persons  served  in  the  land  or  sea 
service  of  the  forces  of  the  United  Stotes,  or  of  any  particular  stote,  in 
the  regular  corps,  or  the  militia,  or  as  volunteers :  Promded,  that  in  no 
case  the  pensions  allowed  to  such  person  or  persons,  shall  exceed  the 
sums  specified  by  the  sixth  section  of  an  act,  intituled  "An  act  to  pro- 
vide for  persons  who  were  disabled  by  known  wounds  received  in  the 
revolutionary  war,"  passed  the  tenth  day  of  April,  one  thousand  ei^ht 
hundred  and  six :  And  provided,  that  in  every  case  where  application 
shall  be  made,  to  have  such  person  or  persons  placed  on  the  pension 
list  of  the  United  Stotes,  under  this  law,  satisfactory  documents  from 
the  proper  ofiicers  of  the  stote,  shall  be  adduced  to  establish  the  fact  of 
such  person  or  persons  having  been  placed  on  the  stote  pension  list  in 
consequence  of  disability  occasioned  by  known  wounds  received  during 
the  revolutionary  war. 

Sec.  4.  And  be  itjurther  enacted.  That  any  officer,  non-commissioned 
officer,  musician,  or  private,  who  has  been  wounded  or  disabled  since 
the  revolutionary  war,  while  in  the  line  of  his  duty,  in  the  actual  service 
of  the  United  Stotes,  whether  he  belonff  to  the  militory  establishment  or 
the  militia,  or  any  volunteer  corps,  called  into  service  under  the  authority 
of  the  United  States,  may  be  placed  on  the  pension  list  of  the  United 
Stotes,  at  such  rate  of  compensation,  and  under  such  regulations  as  are 
prescribed  by  the  act,  intituled  "An  act  to  provide  for  persons  who  were 
disabled  by  known  wounds  received  in  the  revolutionary  war,"  passed 
April  the  tenth,  one  thousand  eight  hundred  and  six. 

Sec.  5.  And  be  it  further  enacted.  That  the  pensioners  becoming 
such  in  virtue  of  this  act,  shall  be  paid  in  the  same  manner  as  invalid 
pensioners  are  paid,  who  have  heretofore  been  placed  on  the  pension 
list  of  the  United  States,  under  such  restrictions  and  regulations  in  all 
respecto,  as  are  prescribed  by  the  laws  of  the  United  States,  in  such 
cases  provided. 

Approved,  April  25, 1808. 


April  85,  1808.    Chap.  LX.— .tfn  Aei  to  authonze  and  empower  the  Prendeni  of  the  DmUd  SUde» 

to  exchange  certain  lande^  for  other  lande  more  auitable  for  fortification. 

Exchaoffe  of        Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 

lands  for  fortifl-    States  of  America  in  Congress  assembled,  That  the  President  of  the 

cMUona  in  Port-   United  Stotes  be,  and  he  hereby  is  authorized  and  empowered,  to  cause 

the  lands  in  Portland,  whereon  the  fort  and  battery  now  stond,  and  the 

lands  at  Ocracock  and  Old  Topsail  inleto,  in  North  Carolina,  acquired 

with  a  view  to  erecting  fortifications,  to  be  exchanged  for  other  lands 

more  suitoble  for  fortification,  and  the  protection  of  Portland,  in  the 

district  of  Maine,  and  Ocracock,  and  Old  Topsail  inlet,  in  North 

Carolina. 

Approved,  April  25,  1808. 


TENTH  CONGRESS.    Ssss.  I.  On.  61,  02.     1806. 


497 


Chap.  LXI. — bin  Act  to  make  Pfymouik,  in  North  CaroUna^  o  port  efenir^t  to 
change  the  name  of  the  District  tf  Nanjemov  to  thai  of  St,  Mary*»^  and  to  make 
Jugueta,  in  the  uieirict  tf  Maine^  a  port  of  delivery. 

Be  U  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Confess  assembled^  That  from  and  afler  the  thirtieth 
day  of  June  next,  a  district  shall  he  formed  out  of  the  district  of  Eden- 
ton,  in  North  Carolina,  to  be  called  the  district  of  Plymouth,  which  shall 
include  and  comprehend  the  rivers  Roanoak  and  Cashie,  and  all  the 
waters,  creeks,  and  harbors  belonging  thereta  The  town  of  Plymouth 
shall  be  the  port  of  entry  and  delivery ;  and  Windsor  and  Skewarky, 
ports  of  delivery.  A  collector  for  the  district  shall  be  appointed,  to 
reside  and  keep  his  office  at  the  town  of  Plymouth,  who  shall  be  entitled 
to  receive  three  per  cent  commissions  on  dl  monies  by  him  received  on 
account  of  the  duties  arising  on  goods,  wares  and  merchandise  imported 
into  the  said  district,  and  on  the  tonnage  of  ships  and  vessels  and  the 
other  emoluments  and  fees  of  office  established  by  law. 

Sbc.  2.  And  be  it  further  enacted,  That  from  and  after  the  thirtieth 
day  of  June  next  the  district  of  Nanjemoy,  in  the  state  of  Maryland, 
shall  be  called  the  district  of  St  Mary's,  and  the  collector  shall  reside 
at  St  Mary's  river,  which  shall  be  the  port  of  entry  and  delivery  for  said 
district,  and  Nanjemoy  a  port  of  delivery  only,  to  which  a  surveyor  shall 
be  appointed,  who  shall  he  entitled,  in  addition  to  the  fees  and  emolu- 
ments already  allowed  by  law,  to  receive  a  salary  of  one  hundred  and 
fifty  doUars. 

Ssc.  3.  And  be  U  fwrther  enacted.  That  the  town  of  AugusU,  in  the 
district  of  Maine,  shall  be,  and  the  same  is  hereby  constituted  a  port  of 
delivery,  to  be  annexed  to  the  district  of  Bath,  and  subject  to  the  same 
regulations  and  restrictions  as  other  ports  of  delivery  in  the  United 
States ;  and  there  shall  be  appointed  a  surveyor,  to  reside  at  the  said 
port  of  delivery,  who  shall  be  entitled  to  receive  a  salary  of  one  hundred 
and  fifty  doUars,  annually,  in  addition  to  the  other  emoluments  allowed 
by  law. 

Appboted,  April  26y  1806. 


oTATOTB  I« 

April  SS,  1806. 

Act  of  Mareh 

9, 1799,  ch.  S3. 

District  of  Ply. 


out  of  that  of 
Edenton. 


Plymootli 
made  the  port  of 
entiy,  ftc. 


NtDMof  dk- 
trict  of  Nab|o. 
moy  chugM  to 
that  of  8t  Ml. 
I7»a. 


Angnita  made 
aportofdoIiTO. 
ry,  to  be  aniiei. 
ed  to  district  of 
Bath,  ftc. 


OTATUTB  I* 


Chap.  LXn. — Jk^  Jkt  making  oppropriaHons  for  the  tujmort  of  an  additional    April  SS,  1806. 
military  forte,  for  the  year  one  thousand  eight  huntted  amd  eight,  -^— 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  ossenMed,  That  for  defiraying  the  neces- 
sary expense  to  the  first  day  of  January  next,  of  the  troops  to  be  raised 
by  virtue  of  an  act,  intituled  "An  act  to  raise  for  a  limited  time  an  ad-  1808,  eh.  48. 
ditional  military  force,"  passed  on  the  twelfth  day  of  April,  one  thou- 
sand eight  hundred  and  eight,  the  foUowing  sums  be,  and  the  same 
hereby  are  respectively  appropriated,  that  is  to  say : 

For  pay,  two  hundred  and  eighty-five  thousand  nine  hundred  and 
twenty  dollars. 

For  fora^,  eighteen  thousand  four  hundred  and  seventy-nine  dollars. 

For  subsistence,  two  hundred  and  thirteen  thousand  six  hundred  and 
ninety-six  dollars. 

For  dothing,  one  hundred  and  fifty  thousand  five  hundred  and  twenty- 
ei^t  dollars. 

For  bounties  and  premiums,  eighty-five  thousand  one  hundred  and 
twenty  ddlars. 

For  the  medical  and  hospital  departments,  fifteen  thousand  dollars. 

For  camp  equipage,  tents,  barracks,  fuel,  and  transportation  one  hun- 
dred and  eleven  tnousand  doUars. 

For  contingencies,  ten  thousand  ddlars. 

For  ordnance,  sixty  thousand  dollars. 
Voun.— 63  3t3 


4ie 


TENTH  CONGRESS.    Sess.  I.  Ch.  63.     1806. 


For  the  purchase  of  horses  and  other  expenses  necessary  to  mount  the 
cavalry,  thirty-six  thousand  seven  hundred  and  twenty  dollars. 

Sec.  2.  And  he  it  further  enacted,  That  the  severaJ  sums  herein  spe- 
cifically appropriated,  shall  be  paid  out  of  any  monies  in  the  treasury, 
Dot  otherwise  appropriated. 

Approved,  April  25,  1808. 


Statutc  I. 
April  25,  180S. 


Secretary  of 
Treasury  to  pay 
into  comptrol- 
ler's hands 
amount  of  cer- 
tain bills  drawn 
by  Gen.  Arm- 
strong. 


Money  to  be 
held  in  trust, 
and  paid  over  to 
the  persons  who 
shall  appear  to 
be  entiUed. 


Claims,  how 
to  be  establish- 
ed. 


Claims,  when 
established, how 
to  be  satisfied. 


Chap.  LXIIT. — Jin  Jet  authorizing  the  Secretary  of  the  TVeamry  to  pav  to  the 
eomptrotler  cf  the  treatury^  in  trust,  the  amount  cf  certain  bills  draum  by  John, 
Armstrong,  minister  from  the  United  States  to  the  court  of  France,  on  [the] 
treasury  nf  the  United  States, 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  the  Secretary  of  the 
Treasury  be,  tind  he  is  hereby  authorized  and  directed,  to  pay  into  the 
hands  of  the  comptroller  of  the  treasury  of  the  United  States,  the  amount 
in  cash,  of  the  bills  drawn  by  John  Armstrong,  minister  from  the  United 
States  to  the  court  of  France,  on  the  treasurer  of  the  United  States,  in 
favour  of  Nathan  Freres,  Denton  and  Hall,  pursuant  to  a  liquidation 
made  by  the  government  of  France  under  the  convention  concluded 
between  the  United  States  and  the  French  government,  on  the  thirtieth 
day  of  April,  in  the  year  one  thousand  eight  hundred  and  three;  and 
also,  the  amount  of  the  bills  drawn  by  the  aforesaid  minister  on  the  said 
treasurer  of  the  United  States  in  favour  of  Joseph  Sands,  pursuant  to  a 
liquidation  made  under  the  convention  aforesaid,  which  sums  so  paid  to 
the  comptroller,  shall  be  held  by  him  in  trust,  to  pay  and  satisfy  such 
persons,  and  in  such  proportions,  as  shall  be  adjudged  or  decreed  by  the 
courts  hereafter  specified ;  and  the  said  sums  shall  be  by  the  comptrol- 
ler deposited  in  the  office  of  discount  and  deposit,  in  the  city  of  Wash- 
ington, for  safe  keeping  until  such  judgments  or  decrees  shall  take  place. 

Sec.  2.  And  be  it  fitrther  enacted.  That  all  suits  or  proceedings  at 
law  or  in  equity,  to  establish  claims  against,  or  recover  the  whole  or  any 
part  of  the  sum  so  deposited,  on  account  of  the  bills  drawn  in  favour  of 
Nathan  Freres,  Denton  and  Hall,  shall  be  commenced  on  or  before  the 
first  day  of  November  next,  in  the  circuit  court  of  the  fourth  circuit, 
holden  in  the  district  of  Maryland,  and  all  suits  or  proceedings  at  law  or 
in  equity,  to  establish  claims  against,  or  to  recover  the  whole  or  any  part 
of  the  sum  so  deposited  on  account  of  the  bills  drawn  in  favour  of  Joseph 
Sands,  shall  be  commenced  on  or  before  the  day  aforesaid,  in  the  circuit 
court  of  the  second  circuit,  holden  in  the  district  of  New  York,  or  in 
the  circuit  court  of  the  district  of  Columbia,  to  be  held  for  Washington 
county  in  said  district,  and  any,  or  either  party  aggrieved  by  the  judg- 
ment or  decree  of  either  of  the  said  courts,  may  remove  the  same  to  the 
supreme  court  of  the  United  States,  in  the  same  manner,  and  on  the 
same  terms  and  conditions,  as  appeals  and  writs  of  error  are  now  prose- 
cuted from  the  said  courts. 

Sec.  3.  And  he  it  further  enacted.  That  whenever  a  final  judgment  or 
decree  shall  be  entered  up  by  either  of  the  said  courts  in  favour  of  any 
person  or  persons,  who  may  have  established  a  right  or  claim  to  the 
whole  or  any  part  of  the  said  sums  so  paid  to  the  comptroller,  and  depo- 
sited in  virtue  of  this  law,  the  said  comptroller  shall  direct  the  cashier 
of  the  said  office  of  discount  and  deposit,  to  pay  the  amount  recovered 
to  the  party  or  persons  entitled  under  such  judgment  or  decree  so  ren- 
dered by  the  said  courts. 

Approved,  April  25,  1806. 


TENTH  CONGRESS.     Sess.  I.  Ch.  66,  66.     1808. 


499 


Statute  I. 
Chap.  LXV. — Jn  Jet  to  make  good  a  deficit  in  ike  appropnaiion  if  eighteen  Atin-     j^p,i)  ^  |gog 
dred  and  9even,/or  completing  the  public  builaitt^^^  andfw  other  pwrpo^a*         ^ 

JBe  it  tMxUdhy  the  Senate  and  House  of  Representatives  of  the  United      Specific  ap. 
States  of  America  in  Congress  a5S<m6/^(/,  That  in  addition  to  the  appro-   propn^ioni. 
priations  already  made,  the  following  sums  of  money  be,  and  the  same      [Obtolete.] 
are  hereby  appropriated,  to  be  applied  under  the  direction  of  the  Presi- 
dent of  the  United  States,  to  the  purposes  herein  after  mentioned,  that 
is  tosaj: 

For  making  good  the  deficit  of  eighteen  hundred  and  seven,  including 
the  debt  due  from  the  public  offices,  fifty-one  thousand  five  hundred  dol- 
lars. 

For  completing  the  wall  of  the  President's  square,  planting  the  ground 
BO  as  to  close  this  part  of  the  expenditure,  building  a  solid  flight  of  steps 
to  the  principal  door,  and  minor  expenses,  fourteen  thousand  dollars. 

For  carrying  up  in  solid  work,  the  interior  of  the  north  wing,  com- 
prising the  Senate  chamber,  twenty-five  thousand  dollars. 

For  executing  the  work  deficient  in  the  interior  of  the  south  wing  and 
for  painting,  eleven  thousand  five  hundred  dollars. 

Sec.  %  And  he  it  further  enacted,  That  the  several  sums  of  money 
hereby  appropriated,  shall  be  paid  out  of  any  money  in  the  treasury  not 
otherwise  i4>propriated. 

Approved,  April  25,  1898. 


Chap.  LXVL— .^n  Jet  in  addition  to  the  act  intituled  **Jn  act  laying  an  fm- 
bargo  on  all  ships  and  vessels  in  the  ports  and  harbors  of  the  United  States^**  and 
the  severai  acts  supplementary  thereto,  and  for  other  purposes»{a) 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  during  the  continuance 
of  the  act  laying  an  embargo  on  all  ships  and  vessels  in  the  ports  and 
harbors  of  the  United  States,  no  vessel  of  any  description  whatever,  and 
wherever  bound,  whose  employment  is  confined  to  the  navigation  of 
bays,  sounds,  rivers  and  laJces,  within  the  jurisdiction  of  the  United 
States,  (packets,  ferry-boats,  and  vessels  exempted  from  the  obligation  of 
giving  any  bond  whatever,  only  excepted,)  shall  be  allowed  to  depart  from 
any  district  of  the  United  States,  without  having  previously  obtained  a 
clearance,  nor  until  the  master  or  commander  shdl  have  delivered  to  the 
collector  or  surveyor  of  the  port  of  departure,  a  manifest  of  the  whole 
cargo  on  board,  including  articles  of  domestic  growth  or  manufacture, 
as  well  as  foreign  merchandise.  And  it  shall  also  be  the  duty  of  the 
owners,  agents  or  master  of  every  such  vessel,  to  produce  within  two 
months  thereafter,  to  the  collector  of  the  district  from  which  the  vessel 
departed,  a  certificate  of  the  landing  of  the  whole  of  such  cargo,  in  a 
port  of  the  United  States,  within  the  nay,  sound,  rivers  or  lakes,  to  which 
the  navigation  of  such  vessel  is  confined,  signed  by  the  collector  or  sur- 
veyor of  the  port  where  the  cargo  shall  have  been  landed. 

Sec.  2.  And  be  it  further  enacted.  That  during  the  continuance  of 
the  act  laying  an  embargo  on  all  ships  and  vessels  in  the  ports  and  har- 
bors of  the  United  States,  and  of  the  several  acts  supplementary  thereto, 
no  ship  or  vessel  of  any  description  whatever,  other  than  those  described 
in  the  next  preceding  section,  and  wherever  bound,  shall  receive  a  clear- 
ance, unless  the  lading  shall  be  made  hereafter  under  the  inspection  of 
the  proper  revenue  officers,  subject  to  the  same  restrictions,  regulations, 
penalties,  and  forfeitures,  as  are  provided  by  law  for  the  inspection  of 
goods,  wares,  and  merchandise,  imported  into  the  United  States,  upon 
which  duties  are  imposed,  any  law  to  the  contrary  notwithstanding: 


Statute  I. 

April  25,  1808. 

Act  of  Dee. 

22, 1S07,  ch.6. 

Act  of  Jan.  9, 

1808,  ch. ». 
Act  of  March 

12, 1808,  ch.  33. 
Act  of  Jan.  9, 

1809,  ch.  fi. 
Act  of  March 

1,  1809,  ch.  24. 
Additional  re- 
gulationt  for 
coatting  vea- 


Clearancea  to 
be  given  to  no 
vessels  but  on 
the  regulationa 
prescribed  be. 
ing  complied 
with. 


(d)  See  notea  to  act  of  December  22, 1807,  chap.  6. 


500 


TENTH  CONGRESS.    Smb.  I.  Ch.  66.    180a 


y««Mlflad«B 
In  whole  or  in 
part  not  to  be 
aflTeeted. 

Forfeitiiffee 
•ad  peomltiei. 


Proriio. 


VoMolt  going 
down  the  Mii- 
■iMippi  to  ttop 
at  Fort  Adama, 
and  thoM  going 
np,  at  Ibenrille, 
to  report  their 
caigoety  &6« 


Penalty. 


Cleatmnceanot 
to  be  allowed  to 
▼etaela  of  the 
U.  Sutet  but  by 
special  permis- 
■lon  of  the  Pre- 
■identf  to  porta 
ofU.  Sutet  ad- 
Jacent  to  terri- 
toriea  of  foreign 
eUtea, 

Penaltiea,  for- 
fbitaraa. 


Provided^  that  nothing  herein  contained  shall  be  construed  to  affect 
▼easels  laden  in  whole  or  in  part  on  the  receipt  of  this  act  by  the  respec- 
tive collectors. 

Sec.  3.  And  be  it  further  enacted^  That  if  any  vessel  described  in  the 
first  section,  shall  depart  from  any  district  of  the  United  States,  without 
a  clearance,  or  before  the  manifest  df  the  cargo  shall  have  been  delivered 
to  the  collector  or  surveyor,  in  the  manner  therein  prohibited,  or  if  a 
certificate  of  the  landing  of  the  cargo  shall  not  be  produced  within  the 
time  and  in  the  manner  therein  provided,  such  vessel  and  carffo  shall 
be  forfeited,  and  the  owner  or  owners,  consignee,  agent,  factors,  freighters, 
master,  or  skipper  of  such  vessel,  shall  respectively  forfeit  and  pay  a  sum 
not  exceeding  five  thousand  dollars,  nor  less  than  one  thousand  dollars: 
Provided  ahaays,  that  nothing  herein  contained  shall  be  construed  to  bar 
or  prevent  the  recovery  of  the  penalty  on  the  bond  given  for  such  vessel. 

Sec.  4.  And  be  H  Jwrtker  enacted^  That  during  the  continuance  of 
the  act  layinff  an  embargo  on  all  ships  and  vessels  in  the  ports  and  har- 
bors of  the  united  States,  and  of  the  several  acts  supplementary  thereto, 
it  shall  be  the  duty  of  the  master  or  person  having  charge  or  command 
of  any  vessel,  flat,  or  boat  intended  to  enter  that  part  of  the  river  Missis- 
sippi, which  lies  between  the  southern  boundary  of  the  Mississippi  ter- 
ritory and  the  river  Iberville,  if  going  down  the  said  river,  to  stop  at 
Fort  Adams,  and  if  going  up  the  river  to  stop  at  Iberville,  and  at  each 

eace,  as  the  case  may  be,  to  deliver  to  an  inspector  of  the  revenue,  to 
\  stationed  there  for  that  purpose,  a  manifest  of  the  whole  cargo  on 
board,  and  also  to  produce  to  the  same  oflScer,  within  two  months  there- 
after, if  going  down  the  river,  and  within  six  months  thereafter  if  going 
up  the  river,  a  certificate  of  the  landing  of  the  same  in  some  part  of  the 
district  of  Mississippi,  and  within  the  jurisdiction  of  the  United  States, 
which  certificate  shall  be  signed  by  the  collector  or  one  of  the  surveyors 
of  the  district  of  Mississippi ;  or  if  the  carffo  shall  be  landed  more  than 
thirty  miles  firom  the  place  of  residence  of  any  such  officer,  by  a  state 
or  territorial  judcre,  having  jurisdiction  at  the  place  of  such  landing. 

Sec.  5.  And  he  it  further  enacted.  That  if  any  vessel,  flat,  or  boat, 
shall  enter  that  part  of  the  river  Mississippi  as  prescribed  in  the  next 
preceding  section,  without  stopping  and  deliyerinff  a  manifest  in  the 
manner  therein  provided,  or  if  a  certificate  of  the  landing  of  the  cargo 
shall  not  be  produced  within  the  time,  and  in  the  manner  therein  pro- 
vided, such  vessel,  flat,  or  boat  and  cargo  shall  be  forfeited,  and  the 
owner  or  owners,  consignee,  agent,  factors,  fireiffhters,  master,  or  skipper 
of  such  vessel,  flat,  or  boat,  shall  respectively  forfeit  and  pay  a  sum  not 
exceeding  five  thousand  dollars,  nor  less  than  one  thousand  dollars. 

Sec.  6.  And  be  it  farther  enacted,  That  no  ship  or  vessel  having 
any  cargo  whatever  on  board,  shall,  during  the  continuance  of  the  act 
layinff  an  embargo  on  all  ships  and  vessels  in  the  ports  and  harbors  of 
the  United  States,  be  allowed  to  depart  from  any  port  of  the  United 
States,  for  any  other  port  or  district  of  the  United  States,  adjacent  to 
the  territories,  colonies,  or  provinces  of  a  foreign  nation ;  nor  shall  any 
clearance  be  furnished  to  any  ship  or  vessel,  bound  as  aforesaid,  without 
special  permission  of  the  President  of  the  United  States.  And  if  any  ship 
or  vessel  shall,  contrary  to  the  provisions  of  this  act,  proceed  to  any  port 
or  district  adjacent  to  the  territories,  colonies,  or  provinces  of  a  foreign 
nation,  such  ship  or  vessel,  with  her  cargo,  shall  be  wholly  forfeited; 
and  if  the  same  shall  not  be  seized,  the  owner,  owners,  agents,  factors, 
and  freighters  of  such  ship  or  vessel  shall,  for  every  such  offence,  forfeit 
and  pay  double  the  value  of  such  ship  and  cargo ;  and  the  master  and 
commander  of  such  ship  or  vessel,  as  well  as  all  other  persons,  who  shall 
knowingly  be  concerned  in  such  prohibited  voyase,  shall  each  respec- 
tively forfeit  and  pay  not  exceeding  three  thousand  dollars,  nor  leas  thaa 
five  hundred  dollars  for  every  such  offence,  whether  the  vMsd  be  seised 
or  not 


TENTH  CONGRESS.    Ssas.  I.  Ch.  W.    1806. 


601 


Ssc.  7.  And  be  it  fiaiker  enacted^  That  the  eommandere  of  the 
publio  armed  yeaaels  and  gun  boats  of  the  United  States  shall,  as  well 
as  the  commanders  or  masters  of  the  revenue  cutters,  and  revenue  boats, 
be  authorized,  and  they  are  hereby  authorized  to  stop  and  examine  any 
vessel,  flat,  or  boat,  belonginff  to  any  citizen  of  the  United  States,  either 
on  the  high  seas,  or  within  the  jurisdiction  of  the  United  States,  or  any 
foreiffn  vessel  within  the  jurisdiction  of  the  United  States,  which  there 
may  be  reason  to  suspect  to  be  enga^^  in  any  traffic  or  commerce,  or 
in  the  transportation  of  merchandise,  of  either  domestic  or  foreiffn 
growth  or  manufacture,  contrary  tb  the  provisions  of  this  act,  or  of  the 
act  laying  an  embargo  on  all  ships  and  vessels  in  the  ports  and  harbors 
of  the  United  States,  or  of  any  of  the  acts  supplementary  thereto,  and 
if  upon  examination,  it  shall' appear  that  such  vessel,  flat  or  boat  b  thus 
engased,  it  shall  be  the  duty  of  the  commander  to  seize  every  such  ves- 
sel, flat,  or  boat,  and  to  send  the  same  tp  the  nearest  port  of  the  United 
Sutes  for  trial. 

Sbc.  8.  And  he  U  Jurther  enaded,  That  the  comptroller  of  the  trea- 
sury he,  and  he  hereby  is  authorized  to  remit  the  duties  accruinff  on  the 
importation  of  goods  of  domestic  produce,  or  which  being  of  foreign 

eroduce,  had  b^n  exported  without  receiving  a  drawback,  which  may 
ave  been,  or  may  be  re-imported  in  vessels  owned  by  citizens  of  the 
United  States',  and  which  having  sailed  subsequent  to  the  first  day  of 
October  last,  and  prior  to  the  twentv-second  day  of  December  last,  may 
be  or  have  been  stopped  on  the  high  seas  by  foreign  armed  vessels,  and 
by  reason  thereof  have  returned,  or  may  hereafter  return  into  the  United 
States.  And  the  said  comptroller  is  likewise  authorized  to  direct  the 
exportation  bonds  given  for  foreign  merchandise,  exported  with  privilege 
of  drawback,  in  such  vessel  and  re-imported  in  the  same,  in  the  manner 
aforesaid  to  he  cancelled,  the  duties  on  such  re>importation  being  pre- 
viously paid,  and  on  such  other  conditions  and  restrictions  as  may  be 
necessary  for  the  security  of  the  revenue. 

Sec.  9.  And  be  it  Jurther  enacted^  That  during  the  continuance  of 
the  act  laying  an  embargo  on  all  ships  and  vessels  in  the  ports  and  har- 
bors of  the  United  States,  no  foreign  ship  or  vessel  shall  go  from  one 
port  in  the  United  States  to  another,  and  should  any  foreign  ship  or 
vessel,  contrary  to  this  section,  go  from  one  port  of  the  United  States  to 
another,  the  vessel  with  her  cargo  shall  be  wholly  forfeited,  and  the 
owner,  or  owners,  agent,  factors,  freighters,  and  master  of  such  ship  or 
vessel,  shaU  forfeit  and  pay  a  sum  not  exceeding  three  thousand  dollars, 
nor  less  than  one  thousand  dollars. 

Sec.  10.  And  be  it  further  enacted^  That  no  vessel,  flat,  or  boat,  com- 
prehended in  this  act  shall  be  obliged  to  pay  more  than  twenty  cents  for 
each  clearance. 

Sec.  11.  And  be  it  Jurther  enacted^  That  the  collectors  of  the  cus- 
toms be,  and  they  are  hereby  respectively  authorized  to  detain  any  vessel 
ostensibly  bound  with  a  cargo  to  some  othe^  port  of  the  United  States, 
whenever  in  their  opinions  the  intention  is  to  violate  or  evade  any  of 
the  provisions  of  the  acts  laying  an  embargo,  until  the  decision  of  the 
President  of  the  United  States  be  had  thereupon. 

Sec.  12.  And  be  it  further  enacted^  That  if  any  unusual  deposits  of 
provisions,  lumber,  or  other  articles  of  domestic  growth  or  manufacture 
shall  have  been,  or  shall  be  made  in  any  of  the  ports  of  the  United 
States,  adjacent  to  the  territories,  colonies,  or  provinces  of  a  foreign 
nation,  the  collector  of  the  district  shall  be,  and  he  hereby  is  authorized 
to  take  the  same  in  his  custody,  and  not  to  permit  such  articles  to  be 
removed  until  bond  with  sufficient  sureties  shall  have  been  given  for  the 
landing  or  delivery  of  the  same  in  some  port  or  place  of  the  United 
States. 

Sec.  13.  And  he  ii  Jurther  enaeitd,  That  any  ship  or  vessel  owned 


Public  annad 
Tetaelt,  uid  goa 
boataauUwrited 
to  atop  TeMels 
ratpeeied  of 
▼iolatiDg  em- 
bargo laws. 


Comptroller 
of  treatory  may 
remit  certain 
datiea,  &e.  &e. 


Foreign  Tet- 
aeU  not  allowed 
to  carry  on  the 
coasting  trade  in 
the  U.  Sutea 
daring  the  con- 
tin  nance  of  the 
embargo. 


Fees  for  clear- 
ances  of  vessels, 
&c.<cc. 

Collectors  an- 
thorised  to  de- 
tain Teasels  os. 
tensibly  bound 
to  other  porU  of 
the  U.  States 
under  suspi- 
cious circum- 
stances. 

Collectors  in 
ports  adjacent  to 
foreign  territo- 
ries  ma^  take 
into  their  cus- 
tody proTisions, 
&c.  kc.  accu- 
mulated in  large 
Quantities  in 
tbeir  districts. 


602 


TENTH  CONGRESS.    Sess.  I.  Cu.  67.     1806. 


Venelt  laden 
at  the  passage 
of  the  embargo 
act  allowed  to 
go  with  their 
cargoes  to  other 
ports  of  U.  S. 


Forfeitures 
and  penalties — 
how     mitiffated 
or  remitted. 

1797,  ch.  13. 


1800,  eh.  33, 
BC.  6. 


1799,  cb.  22. 

Trade  with  the 
Indians  from 
Canada  permit- 
ted through  the 
territories  of  the 
U.  States. 


by  a  citizen  or  citizens  of  the  United  States,  loaded,  or  in  part  loaded 
with  the  produce  of  the  United  States  before  the  act  laying  an  embargo 
was  passed,  and  by  said  act  detained  in  any  port  of  the  United  States, 
may  be  permittee!  to  proceed  to  any  other  port  of  the  United  States,  and 
there  to  remain  with  such  cargo  on  board,  subject  to  such  other  restric- 
tions and  bonds  as  are  prescribed  in  the  act  laying  an  embargo,  and  the 
several  supplementary  acts  thereto. 

Sec.  14.  And  be  it  further  enacted,  That  all  penalties  and  forfeitures, 
incurred  by  force  of  this  act,  may  be  mitigated  and  remitted  in  the 
manner  prescribed  by  the  act,  intituled  **  An  act  to  provide  for  mitigat- 
ing and  remitting  the  forfeitures,  penalties,  and  disabilities  accruing  in 
certain  cases  therein  mentioned ;''  and  all  penalties  and  forfeitures  which 
may  be  recovered  in  pursuance  of  this  act,  in  consequence  of  any  seizure 
made  by  the  commander  of  any  public  armed  vessel  of  the  United  States, 
shall  be  distributed  according  to  the  rules  prescribed  by  the  act,  inti- 
tuled "  An  act  for  the  government  of  the  navy  of  the  United  States," 
and  all  other  penalties  and  forfeitures  arising  under  this  act,  shall  be 
distributed  in  the  manner  prescribed  by  the  act,  intituled  '<  An  act  to 
regulate  the  collection  of  duties  on  imports  and  tonnage." 

Sec.  15.  And  be  it  further  enacted.  That  nothing  in  the  act  laying 
an  embargo  on  all  ships  and  vessels  in  the  ports  and  harbors  of  the 
United  States,  or  in  the  several  acts  supplementary  thereto,  or  in  the  act 
to  prohibit  the  importation  of  certain  goods,  wares,  and  merchandise, 
shall  be  construed  to  prevent  the  exportation  by  land,  or  inland  naviga- 
tion, from  the  territories  of  the  United  States  into  those  of  Great  Bri- 
tain, of  furs  and  peltries,  the  property  of  subjects  of  Great  Britain,  and 
by  them  purchased  from  the  Indians,  or  to  prevent  the  importation  by 
land,  or  inland  navigation,  from  the  territories  of  Great  Britain  into 
those  of  the  United  States,  of  merchandise,  the  property  of  British  sub- 
jects, and  by  them  imported  solely  for  the  use  of  the  Indians  aforesaid. 

Approved,  April  25,  1808. 


STATtTTE  I. 


Act  of  March 
3.  1807,  ch.  34. 

Clsiroants  to 
land  in  the 
Michigan  terri- 
tory, where  the 
Indian  title  has 
beeneitinguish- 
ed,  allowed  un. 
til  the  first  of 
January  neit, 
to  deliver  to  the 
register  a  notice 
of  iheir  claims. 


April  25, 1808^    Chap.  LXVII.— *in  Jiet  iupplemental  to  **Jn  act  regulating  the  grants  (f  land 

in  the  territory  cf  Miehigan^^a) 

Be  it  enacted  fry  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  every  person  claiming 
lands,  within  that  part  of  the  Michigan  territory  to  which  the  Indiati 
title  hath  been  extinguished  by  virtue  of  any.legal  grant  made  by  the 
French  government  prior  to  the  treaty  of  Paris  of  the  tenth  of  February, 
one  thousand  seven  hundred  and  sixty-three ;  or  of  any  legal  grant  made 
by  the  British  government  subsequent  to  the  said  treaty,  and  prior  to  the 
treaty  of  peace  between  the  United  States  and  Great  Britain,  of  the  third 
of  September,  one  thousand  seven  hundred  and  eighty-three,  or  of  the 
second  section  of  the  act  to  which  this  act  is  a  supplement,  shall  be 
allowed  until  the  first  day  of  January  next,  to  deliver  to  the  register  of 
the  land-office  for  the  district  of  Detroit,  a  notice  in  writing,  stating  the 
nature  and  extent  of  his  claims,  together  with  a  plat  or  plats  of  the 
tract  or  tracts  claimed,  and  if  such  person  shall  fail  to  deliver  such 
notice  in  writing,  together  with  a  plat  of  the  tract  claimed,  all  his  right, 
so  far  as  it  may  be  derived  from  any  act  of  Congress,  shall  become  void, 
and  the  commissioners  appointed  for  the  purpose  of  ascertaining  and 
deciding  the  rights  of  persons  claiming  lands  in  the  said  district  of 
Detroit,  shall  have  the  same  powers  and  perform  the  duties  in  relation 
to  the  claims,  notices  of  which  shall  be  thus  filed,  as  are  provided  by  the 
act  to  which  this  act  is  a  supplement,  in  relation  to  the  claims  therein 
described. 


(4^  See  notes  to  act  of  March  3, 1807,  chap.  84. 


TENTH  CONGRESS.    Sbss.  I.  Ch.  67.     1808. 


503 


Sec.  2.  And  he  it  fierther  enacted,  That  every  person  whose  claim  has 
been,  or  shall  be  confirnied  by  the  commissioners  aforesaid,  to  a  tract 
of  land  bordering  on  the  river  Detroit,  and  not  exceeding  in  depth  forty 
arpens,  French  measure,  shall  be  entitled  to  a  preference  in  becoming 
the  purchaser  of  any  vacant  tract  of  land  adjacent  to,  and  back  of  his 
own  tract,  not  exceeding  forty  arpens,  French  measure,  in  depth,  nor  in 
quantity  of  land  that  which  is  contained  in  his  own  tract,  at  the  same 
price,  and  on  the  same  terms  and  conditions  as  are  provided  by  law  for 
the  other  public  lands  in  the  said  district.  And  the  surveyor-general 
shall  be,  and  he  is  hereby  authorized,  as  soon  as  may  be,  to  cause  to  be 
surveyed,  the  tracts  claimed  by  virtue  of  this  section,  and  in  all  cases 
where,  by  reason  of  bends  in  the  said  river,  and  of  adjacent  prior,  or 
preemption  claims,  each  claimant  cannot  obtain  a  tract  equal  in  quan- 
tity to  the  adjacent  tract  already  owned  by  him,  to  divide  the  vacant 
land,  applicable  to  that  object,  between  the  several  claimants,  in  such 
manner  as  to  him  will  appear  most  equitable.  And  every  person  enti- 
tled to  the  benefit  of  this  section,  shall,  on  or  before  the  first  day  of 
January  next,  deliver  to  the  register  of  the  land-office  for  the  district 
of  Detroit,  a  notice  in  writing,  stating  the  situation  and  extent  of  the 
tract  of  land  he  wishes  to  purchase,  and  deposit  at  the  same  time  one 
twentieth  part  of  the  purchase  money;  and  shall  also,  within  three 
months  after  the  return  of  the  survey  to  the  office  of  the  said  register, 
produce  to  him  a  receipt  from  the  receiver  of  public  money  for  the  said 
district  for  one  fourth  part  of  the  purchase  money.  And  if  any  such 
person  shall  fail  to  deliver  such  notice,  and  make  such  deposit  and  pay- 
ment, at  the  times  above  mentioned,  his  right  of  pre-emption  shall  cease, 
and  become  void. 

Sec.  3.  And  be  it  Jurther  enacted,  That  every  person,  who  being 
the  head  of  a  family,  did,  prior  to  the  twenty-sixth  of  March,  one  thou- 
sand eight  hundred  and  four,  and  doth,  at  the  time  of  the  passage  of 
this  act,  inhabit  and  cultivate  a  tract  of  land  in  the  territory  of  Michi- 
gan, not  claimed  by  virtue  of  a  legal  French  or  British  grant,  or  by  the 
second  section  of  the  act  to  which  this  act  is  a  supplement,  shall  be 
entitled  to  a  preference,  in  becoming  the  purchaser  from  the  United 
States  of  such  tract  of  land  not  exceeding  one  section,  at  the  price  at 
which  the  other  public  lands  in  the  said  territory  are  directed  to  be  sold ; 
and  payment  may  be  made  therefor  in  the  same  manner,  and  under  the 
same  conditions,  as  are  provided  by  law  for  such  other  public  lands. 
And  every  person  entitled  to  the  benefit  of  this  section,  shall,  on  or 
before  the  first  day  of  January,  next,  deliver  to  [the]  register  of  the  land- 
office,  for  the  district  aforesaid,  a  notice  in  writing,  of  the  situation  and 
extent  of  the  tract  of  land  he  wishes  to  purchase.  The  commissioners 
aforesaid  are  hereby  authorized  to  examine  and  decide  the  claims,  of 
every  person  claiming  the  benefit  of  this  section,  and  whenever  it  shall 
appear  to  them  that  the  claimant  is  entitled  to  a  right  of  pre-emption 
they  shall  give  a  certificate  thereof,  directed  to  the  register  of  the  land- 
office,  which  certificate,  together  with  a  receipt  from  the  receiver  of 
public  money,  of  at  least  one  fourth  part  of  the  purchase  money,  shall, 
on,  or  before  the  first  day  of  January,  next,  be  produced  by  the  claimant 
to  the  register  of  the  land-office  for  the  said  district.  And  if  any  person 
shall  fail  to  deliver  such  notice  in  writing,  or  produce  such  certificate 
and  receipt  within  the  times  above  mentioned,  his  right  of  pre-emption 
shall  cease,  and  become  void. 

Sec.  4.  And  be  it  Jurther  enacted,  That  so  much  of  the  second  sec- 
tion of  the  act  to  which  this  act  is  a  supplement,  as  provides  that  not 
more  than  one  tract  or  parcel  of  land  shall  be  granted  to  any  one  person, 
shall  be,  and  the  same  is  hereby  repealed. 

Sec.  5.  And  be  it  Jfurther  enacted,  That  the  lands  to  which  the  Indian 
title  has  been  extinguished,  by  the  treaty  made  at  Detroit,  on  the  seven- 


Peraont  whoie 
clatmt  are  esta- 
bliahed  entitled 
to  a  preference 
in  becoming  the 
pnrchaaera  of 
the  contiffQoua 
vacant  land*. 


Snrveyor.ge- 
neral  to  cante 
■Qfyeya  to  be 
made. 


Every  person 
entitled  to  the 
benefit  of  thia 
section  to  give 
notice  in  writing 
to  the  register. 


Pre-emption 
right  secnred  to 
actual  settlers. 


Notice  in  writ- 
ing to  be  giTon 
of  the  situation 
and  extent  of  the 
land  to  be  pur- 
chased. 


Repeal  of  part 
of  a  former  act. 

Act  of  March 
8,  1807,  ch.  34, 
sec.  3. 

Lands  to  which 
Indian  title  was 


604 


TENTH  CONGRESS.    Ssas.  I.  Resolution.     1806. 


eztingiiMhed  hj  teenth  of  November,  one  thousand  eight  hundred  and  seven,  shall  be 

treaty  of  Detaroit  atUched  to  and  made  a  part  of  the  district  of  Detroit,  and  be  offered 

to  be  iittacbed  «■««  F      %  •••  « 

todiitrictofDe.  »>r  sale  at  that  place,  under  the  same  exceptions  and  regulations,  at  the 

troit,  and  sold,  same  price,  and  on  the  same  terms,  as  other  lands  lying  in  that  district 

^  Approved,  AprU  26, 1808. 


ICareh  4,  1808.    RisOLUTioN  to  amihorixe  the  i 


'  certain  eharte  ^  <Ae  eooif  ^  North 


Secretary  of        RESOLVED  by  the  Senate  and  House  of  RwreseniaHves  of  the  United 

Treaionr  aa-      J&aUs  of  America  in  Congress  assembled,  That  the  SecreUry  of  the 

MUM  diarti  of    Treasury  be,  and  he  is  hereby  directed  to  cause  to  be  sold,  as  many 

North  Carolina   of  the  charts  of  the  coast  of  North  Carolina,  published  in  conformity  to 

to  be  told.  the  resolution  which  passed  the  second  of  March,  one  thousand  eight 

hundred  and  seven,  as  shall  remain  on  hand,  after  reserving  the  number 

requisite  for  the  use  of  the  government  of  the  United  States. 

Approved,  March  4, 1808. 


ACTS  OF  THE  TENTH  CONGRESS 


UNITED   STATES, 

Passed  at  the  second  session,  which  was  begun  and  held  at  the  City 
of  Washington,  in  the  District  of  Columbia,  on  Monday,  the  seventh 
day  of  November,  1806,  and  ended  on  the  third  day  of  March,  1809. 

Thomas  Jefferson,  President;  George  Clinton,  Vice  President  of 
the  United  States  and  President  of  the  Senate ;  Stephen  R.  Brai>- 
LBT,  President  of  the  Senate  pro  tempore,  from  the  4th  to  the  7th  of 
January,  1809;  John  Milledoe,  President  of  the  Senate  pro  tempore, 
from  January  30th,  1809;  J.  B.  Varnum,  Speaker  of  the  House  of 
Representatives. 


STATUTE  II. 

Chaf.  I. — An  Act  to  authorize  the  tranaportation  (fa  certain  Message  cf  the  Pre- 
sident  cf  the  United  States,  and  doeuments  accompanying  the  same. 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  the  members  of  Con- 
gress and  delegates  from  the  several  territories  of  the  United  States  be, 
and  they  are  hereby  authorized  to  transmit  by  mail,  free  of  postage,  the 
message  of  the  President  of  the  United  States  of  the  eighth  day  of 
November,  in  the  year  one  thousand  eight  hundred  and  eight,  and 
documents  accompanying  the  same,  printed  by  order  of  the  Senate,  and 
by  order  of  the  House  of  Representatives,  to  any  postoffice  within  the 
united  States  and  territories  thereof,  to  which  they  may  respectively 
direct,  any  law  to  the  contrary  notwithstanding. 

Approved,  November  18, 1808. 


Chap.  III.— ^n  Act  authorizing  the  President  of  the  United  States  to  ernploy  an 
additions  number  of  revenue  cutter§» 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  the  President  of  the 
United  States  be,  and  he  is  hereby  empowered  to  procure  so  many 
revenue  cutters,  not  exceeding  twelve,  as  may  be  necessary  for  the  pul>- 
lic  service,  the  expense  whereof  shall  be  paid  out  of  the  product  of  the 
duties  on  goods,  wares  and  merchandise  imported  into  the  United  States, 
and  on  the  tonnage  of  ships  or  vessels. 

Approved,  January  6,  1809. 


Chap.  IV.— ^n  A£t  authorizing  the  payment  of  certain  pensions  by  the  Secretary 
(f  War  at  the  seat  of  government. 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  every  pension  or  arrear- 
age of  pension  that  shall  be  due  on  the  third  day  of  March,  one  thousand 
eight  hundred  and  nine,  or  that  may  thereafter  become  due  to  any  offi- 
cer or  soldier  residing  in  either  of  the  United  States,  ornhe  territories 

Vol.  II.— 64  2  U  605 


Nov.  18, 1906. 
[OlMolet«.l 


Statutb  n. 
Jail.  6,  1800. 


Additional  re- 
▼enue  cattera  to 
be  employed  not 
to  exceea 
twelve. 

[OlMolete.] 


Statutb  n. 

Jan.  7,  1809. 

Penaioni  to  be 
paid  at  Waah- 
ington  where 
agenta  to  pay 
penaiona  have 
not  been  ap- 
pointed. 


506 


TENTH  CONQRESS.    Sess.  II.  Ch.  5.     1809. 


thereof,  in  which  there  hath  not  been  appointed  an  agent  for  the  pay- 
ment of  pensions,  shall  be  paid  at  the  seat  of  the  government  of  the 
United  States,  by  the  secretary  for  the  war  department,  and  the  name 
of  the  pensioner  shall,  on  his  application  to  the  Secretary  at  War,  be 
transferred  from  the  books  of  the  state  in  which  it  was  originally  enre- 
gistered  to  a  register,  to  be  opened  for  that  purpose  at  the  war  office  of 
the  United  States. 

Approved,  January  7,  1809. 


Statutx  n. 

Jan.  9,  1809. 

[Repealed.] 
Act  of  Dec. 

52. 1807,  ch.  A. 
Act  of  Jan.  9, 

1808,  ch.  8. 
Act  of  March 

12. 1808,  ch.  33. 
Act  of  April 

25, 1808,  ch.  66. 

Act  of  March 
l,1809.ch.  24. 

Direct  or  in. 
direct  exporta- 
tion  of  specie. 
Sec.  prohitiited. 


Penaltiet. 


Provito. 


Informers  to 
be    entitled    to 
one  half  the  fine. 


Permit  pre- 
viously required 
to  the  lading  of 
▼estela. 


Ladingi  to  be 
made  under  the 
inspection  of  re- 
venue officers. 

Conditions. 


Ohap.  v.— w^fi  Jiet  to  enforce  and  make  more  ^eeiual  an  ad  iniitukd  **dfn  act 
laying  an  embargo  on  all  ahipe  and  veaaela  in  the  ports  and  harbors  (f  (he  United 
Statea^^  and  the  eeveral  acta  euppUmenUxry  thereio.{a) 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  if  any  person  or  persons 
shall  put,  place,  or  load  on  board  any  ship,  vessel,  boat  or  water  crafl, 
or  into  any  cart,  wagon,  sled,  or  other  carriage  or  vehicle,  with  or  with- 
out wheels,  any  specie,  goods,  wares  or  merchandise,  with  intent  to  ex- 
port, transport  or  convey  the  same  without  the  United  States  or  the 
territories  thereof,  to  any  foreign  place,  kingdom  or  country,  or  with 
intent  to  convey  the  same  on  board  any  foreign  ship  or  vessel  within  or 
without  the  limits  of  the  United  States,  or  with  the  intent  in  any  other 
manner  to  evade  the  acts  to  which  this  act  is  a  supplement,  all  such 
specie,  goods,  wares  and  merchandise,  and  also  the  ship,  vessel,  boat, 
water  craR,  cart,  wagon,  sled,  or  other  carriage  or  vehicle,  on  board,  or 
in  which  the  same  may  be  so  put,  placed,  or  loaded  as  aforesaid,  shall 
be  forfeited,  and  the  person  or  persons  so  putting,  placing  or  loading 
the  same  as  aforesaid,  and  also  the  aiders  and  abettors  therein,  shall, 
upon  conviction,  be  adjudged  guilty  of  a  high  misdemeanor,  and  fined 
a  sum,  l^  the  court  before  which  the  conviction  is  had,  equal  to  four 
times  the  value  of  such  specie,  goods,  wares  and  merchandise:  Provided 
however,  that  this  section  shall  not  be  construed  to  extend  to  any  person 
or  persons,  not  being  the  owner  or  owners  of  such  specie,  goods,  wares 
or  merchandise,  who  shall  first  inform  and  make  complaint  to  the  col- 
lector of  the  district  of  any  such  offence  committed  within  the  same 
district;  and  any  informer  or  informers,  not  being  the  owner  or  owners 
as  aforesaid,  upon  conviction  of  the  offenders,  shall  be  entitled  to  one 
half  of  the  fine  aforesaid,  when  the  same  shall  be  received  by  the  United 
States,  and  shall  be  entitled  to  a  certificate  for  that  purpose  from  the 
court  before  whom  the  conviction  shall  be  had. 

Sec.  2.  And  be  it  Jurther  enacted,  That  it  shall  not  be  lawful  to  put 
on  board  any  ship,  vessel,  or  boat  of  any  description  whatever,  any  specie 
or  goods,  wares  or  merchandise,  either  of  domestic  or  foreign  growth, 
produce,  or  manufacture,  and  the  same  is  hereby  prohibit^,  unless  a 
permit  particularly  stating  the  articles  thus  to  be  laden  shall  have  been 
previously  obtained  from  the  collector  of  the  district,  in  which  such  ship, 
vessel,  or  boat  may  then  be,  or  from  a  revenue  officer  specially  autho- 
rized by  the  collector  to  grant  such  permits;  nor  unless  the  lading  shall 
be  made  under  the  inspection  of  the  proper  revenue  officers,  nor  unless 
the  owner  or  owners,  consignee  or  factor  of  such  ship,  vessiel,  or  boat 
shall,  with  the  master,  have  given  bond  with  one  or  more  sureties  to  the 
United  States,  in  a  sum  six  times  the  value  of  the  vessel  and  cargo,  that 
the  vessel  shall  not  leave  the  port  without  a  clearance,  nor  shall,  when 
leaving  the  port,  proceed  to  a  foreign  port  or  place,  nor  shall  put  any 
article  on  board  of  any  other  vessel ;  and  that  the  whole  cargo  shall  be 
relanded  either  in  the  port  where  the  vessel  may  then  be,  or  in  such 
other  port  of  the  United  States  as  shall  be  designated  in  the  clearance. 


(a)  See  notes  to  act  of  December  22,  1807,  chap.  6. 


TENTH  CONGRESS.    Sm.  II.  Ch.  5.    1809. 


fiOT 


And  it  shall  be  lawful  for  the  collectors  of  the  customs  to  refuse  per- 
mission to  put  any  cargo  on  board  any  such  ship,  vessel,  or  boat,  when- 
ever in  their  opinion  there  is  an  intention  to  violate  the  embargo,  or 
whenever  they  shall  have  received  instructions  to  that  eflfect  by  direction 
of  the  President  of  the  United  States:  Provided,  ihsii  nothing  contained 
in  this  section  shall  be  construed  to  extend  to  any  ship,  vessel,  or  boat, 
uniformly  employed  in  the  navigation  only  of  bays,  sounds,  rivers  and 
lakes,  within  the  jurisdiction  of  the  United  Slates,  which  shall  have 
obtained  a  general  permission,  agreeably  to  the  provisions  in  the  fourth 
section  of  Uiis  act. 

Sec.  3.  And  be  it  Jwrther  enacted.  That  the  owner  or  owners,  con- 
signee or  factor,  of  any  ship,  vessel,  or  boat,  as  described  in  the  preceding 
section,  which  may,  at  the  time  when  notice  of  this  act  shall  be  received 
at  the  several  custom-houses  respectively,  be  laden  in  whole  or  in  part, 
shall,  on  notice  given  by  the  collector,  either  discharge  such  cargo  or 
give  bond  for  the  same,  in  the  manner  and  on  the  conditions  mentioned 
in  the  preceding  section;  and  if  the  cargo  shall  not  be  discharged  within 
ten  days  or  the  bond  given  within  three  days  after  such  notice,  the  ship, 
vessel,  or  boat  and  cargo  shall  be  wholly  forfeited :  but  the  collectors  are 
hereby  authorized  to  order  or  to  cause  the  cargoes  of  such  vessels  to  be 
discharged  for  the  same  causes  as  they  may  refuse  permission  to  put  any 
cargo  on  board  of  vessels  not  yet  laden  in  whole  or  in  part.  And  they 
are  likewise  authorized  in  the  mean  while,  and  until  the  cargoes  shall 
have  been  discharged,  or  bonds  given,  as  the  case  may  be,  to  take  pos- 
session of  such  vessels,  and  to  take  such  other  measures  as  may  be 
necessary  to  prevent  their  departure. 

Sec.  4.  And  be  it  further  enacted.  That  the  collectors  of  the  customs 
be,  and  they  are  hereby  authorized  to  grant,  under  such  general  instruc- 
tions as  the  President  of  the  United  States  may  give  to  that  effect,  a 
general  permission  to  ships,  vessels  or  boats,  whose  employment  has  uni- 
formly been  confined  to  the  navigation  of  bays,  sounds,  rivers,  or  lakes 
within  the  jurisdiction  of  the  United  States,  when  it  can  be  done  with- 
out danger  of  the  embargo  being  violated,  to  take  on  board  at  any  time 
such  articles  of  domestic  or  foreign  growth  as  may  be  designated  in 
such  general  permission  or  permissions,  bond  with  one  or  more  sureties 
being  previously  given  to  the  United  States  by  the  owner,  owners,  con- 
signee or  factors  of  such  ship,  vessel,  or  boat,  and  by  the  master  thereof, 
in  an  amount  equal  to  three  hundred  dollars  for  each  ton  of  the  said 
vessel,  that  such  vessel  shall  not,  during  the  time  limited  in  the  condition 
of  the  bond,  depart  from  any  district  of  the  United  States,  without  having 
previously  obtained  a  clearance,  nor  until  the  master  or  commander  shall 
have  delivered  to  the  collector  or  surveyor  of  the  port  of  departure  a 
manifest  of  the  whole  cargo  on  board,  that  the  said  vessel  shall  not  during 
the  time  above  mentioned,  proceed  to  any  other  port  than  that  mentioned 
in  her  clearance,  or  put  any  article  on  board  of  any  other  vessel,  or  be 
employed  in  any  foreign  trade;  and  that  on  every  voyage  or  trip,  the 
whole  of  the  cargo  shall  be  landed  in  a  port  of  the  United  States  within 
the  bay,  sound,  rivers  or  lakes,  to  which  the  navigation  of  such  vessel  is 
confined. 

Sec.  5.  And  be  it  further  enacted,  That  if  any  ship,  vessel  or  boat, 
not  having  received  a  general  permission,  and  a  general  bond  not  having 
been  first  given  in  the  manner  provided  for  in  the  next  preceding  section, 
shall  take  on  board  any  specie,  or  any  goods,  wares  or  merchandise,  either 
of  foreign  or  domestic  growth,  produce  or  manufacture,  contrary  to  the 
provisions  of  the  second  section  of  this  act,  such  ship,  vessel,  or  boat, 
together  with  the  specie  and  goods,  wares  or  merchandise,  shall  be  wholly 
forfeited ;  and  the  owner  or  owners,  agent,  freighter  or  factors,  master 
or  commander  of  such  ship,  vessel  or  boat,  shall  moreover  severally 


Colloctora 
may  reltifie  per- 
mitH,  in  certaia 


Proviio. 


Yetseltalrea. 
dj  laden,  in  part 
or  in  whole,  to 
bo  discharged, 
on  the  requiai. 
tion  of  the  col- 
lector. 


Genera]  per- 
mfta  may  be 
granted  to  coast- 
ing veaaels. 


Conditions. 


Penaltiea,  in 
of  viola- 
tionaofthenext 
preceding  aec- 
tion. 


TENTH  CONGRESS.    Sbss.  n.  Cu.  6.    1809. 


on  the  papeni 
to  be  eoBtider- 
•d  M  the  own. 


Proeeedingi 
on  granting  a 
new  ragifltor. 


PrOTuo. 


Proof*  to  be 
fttmithed  of  the 
relandittgofcar. 
goeiy&e* 


Judgment  on 
the  bond  to  be 
given  nnlew 
proof  of  the  re- 
landing  of  the 
eargo,  or  the 
loM  of  the  Tea. 
■el  ia  produced. 


forfeit  and  pay  a  sum  equal  to  the  value  of  the  ghip,  Tesael  or  boat,  and 
of  the  cargo  put  oo  board  the  same. 

Sac.  6.  And  be  ii  Jwrther  enacted.  That  the  person  or  persons  whose 
names  do  or  may  i^pear  as  owner  or  owners  of  any  ship  or  vessel  either 
on  the  certificate  of  registry,  enrolment,  or  license  of  any  such  ship  or 
Tessely  or  if  neither  registered  or  licensed,  on  the  last  clearance  or  cus- 
tom-house document  issued  before  the  passing  of  this  act  for  such  ship 
or  vessel,  shall  be  reputed  as  the  true  owner  or  owners  of  such  ship  or 
vessel,  and  be  liable  to  the  payment  of  all  penalties  which  may  be 
incurred  by  the  owners  of  such  ship  or  vessel,  by  reason  of  any  violation 
of  any  of  the  provisions  of  this  act,  or  of  the  act  laying  an  embargo  on 
all  ships  and  vessels  in  the  ports  and  harbors  of  the  United  States,  or 
of  any  of  the  acts  supplementary  thereto,  by  such  ship  or  vessel :  PrO" 
vided  always,  that  nothing  in  this  section  contained  shall  be  construed 
to  release  any  other  person  or  persons  from  the  payment  of  any  penalty 
incurred  by  virtue  of  any  of  the  acts  aforesaid.  And  in  case  of  any 
new  register  or  license  being  granted  during  the  continuance  of  the 
said  acts,  or  in  case  of  the  sde  of  any  ship  or  vessel  neither  registered 
or  licensed,  a  bond  with  one  or  more  sureties  to  the  United  States  shall, 
previous  to  the  granting  any  such  new  register  or  license,  or  to  recog- 
nizing the  sale  of  such  vessel  not  registered  or  licensed,  be  required  by 
the  collector,  in  an  amount  equal  to  three  hundred  dollars  for  each  ton 
of  such  ship  or  vessel,  that  such  ship  or  vessel  shaU  not,  during  the  con* 
tinuance  of  the  acts  laying  an  embargo  on  all  ships  and  vessels  in  the 
ports  and  harbors  of  the  United  States,  contravene  or  infringe  any  of 
the  provisions  of  the  said  acts :  Prifvided,  that  nothing  herein  contained, 
shall  be  construed  to  extend  to  the  owner  or  owners  of  any  ship  or  vessel 
who  shall  have  made  a  bona  fide  sale  of  such  ship  or  vessel,  in  any  port 
or  harbor  of  the  United  States,  before  notice  of  this  act  at  such  port  or 
harbor,  respectively ;  nor  to  the  owner  or  owners  of  any  ship  or  vessel, 
in  any  foreign  port  or  place,  who  shall  have  made  a  bona  fide  sale  thereof, 
before  notice  of  this  act :  And  provided  oho,  that  such  bond  shall  not 
release  the  owners  and  master  of  such  ship  or  vessel,  or  any  other  per- 
son firom  the  obligation  of  giving  every  other  bond  required  by  this  act 
or  by  any  of  the  acts  aforesaid. 

Ssc.  7.  And  he  it  fiarther  enacted,  That  in  all  cases  where,  either 
under  this  act,  or  under  the  act  laying  an  embargo  on  all  ships  or  vessels 
in  the  ports  and  harbors  of  the  United  States,  or  under  any  of  the  acts 
supplementary  thereto,  a  bond  has  been  or  shall  be  given  to  the  United 
States,  with  condition  that  certain  goods,  wares,  and  merchandise,  or 
the  cargo  of  a  vessel  shall  be  relanded  in  some  port  of  the  United  States, 
the  party  or  parties  to  such  bond  shall,  within  two  months  after  the  date 
of  the  same,  (unless  in  the  case  of  a  voyage  from  New  Orleans  to  an 
Atlantic  port  or  from  an  Atlantic  port  to  New  Orleans,  in  either  of 
which  cases,  four  months  shall  as  heretofore  be  allowed,)  produce  to  the 
collector  of  the  port  from  which  the  vessel  had  been  cleared  with  such 
goods,  wares,  merchandise  or  cargo,  a  certificate  of  the  rdanding  of  the 
same  from  the  collector  of  the  proper  port ;  on  failure  whereof,  the  bond 
shall  be  put  in  suit :  and  in  every  such  suit,  as  well  as  in  everjr  suit 
instituted  on  a  bond  given  for  a  voyage  from  or  to  New  Orleans,  judg- 
ment shall  be  given  against  the  defendant  or  defendants,  unless  proof 
shall  be  given  of  such  relaiiding,  or  of  loss  of  the  vessel  at  sea.  But 
neither  capture,  distress,  or  any  other  accident  whatever  shall  be  pleaded 
or  given  in  evidence  in  any  such  suit :  Unless  such  capture  shall  be 
expressly  proved  to  have  been  hostile,  and  such  distress  or  accident 
occasioned  by  no  negligence  or  deviation,  nor  unless  such  vessel  shall 
have  been  bom  the  commencement  of  the  voyase  wholly  navigated  by  a 
master,  mate  or  mates,  mariners  and  crew,  all  of  whom  shall  be  citizens 


TENTH  CONGRESS.    Sua.  n.  Ch.  5.    1809. 


VeMelito  be 
BATigaiedbjci^ 
iient  of  the  U. 

SUtM. 

Mate  tDd 

marinen  to  be 
prodoced  on  the 
trial. 


RMiatered  or 
sea   letter  vea- 
aeli  to  have 
dearancea, 
upon  what  cob- 
ditiona. 

Penaltiea. 


of  the  United  States;  nor  unless  such  mate  or  mates,  mariners  and 
crew,  shall,  all,  if  living,  (and  the  proof  of  their  death  shall  lie  on  the 
defendant)  he  produced  on  the  trial,  and  sworn  as  competent  witnesses; 
nor  unless  such  master,  mate  or  mates,  mariners  and  crew  shall  have 
signed  a  shipping  paper  in  due  form  of  law,  and  a  copy  thereof  desig- 
nating specially  Uie  master,  mate  or  mates,  mariners  and  crew,  and  their 
permanent  places  of  residence,  shall  have  been  lodged  with  the  collector 
of  the  port,  to  whom  the  bond  aforesaid  shall  have  been  given,  before 
thf9  commencement  of  the  voyage,  and  subscribed  and  sworn  to  by  the 
master  before  such  collector ;  and  any  master  who  shall  falsely,  wilfully, 
and  corruptly  swear  as  to  the  facts  contained  in  such  copy,  shall,  on 
conviction,  suffer  the  pains  and  penalties  of  perjury.  And  in  every  suit 
instituted  on  a  bond,  given  as  aforesaid,  the  defendants  shall  pay  all 
costs,  if  they  shall  not  within  the  limited  time  have  produced  the  certifi- 
cate of  relanding  to  the  collector  of  the  proper  port 

Sec.  8.  And  be  it  fitrtker  enacted.  That  no  registered  or  sea  letter 
vessel,  although  in  ballast,  shall  receive  a  clearance,  or  be  permitted  to 
depart  firom  any  port  of  the  United  States,  unless  the  same  bond  shall 
have  been  previously  given  which  is  required  from  vessels  licensed  for 
the  coasting  trade,  before  they  are  allowed  to  depart  And  if  any  such 
ship  or  vessel  shall  depart  witnout  bond  having  been  given  as  aforesaid, 
the  said  ship  or  vessel  shall  be  forfeited ;  and  the  owner,  owners,  agent, 
consignee,  factor  and  master  or  commander  of  such  ship  or  vessel,  as 
well  as  any  other  person  concerned  in  such  prohibited  departure,  shall 
be  liable  to  the  same  penalties  imposed  by  law  in  the  case  of  vessels 
licensed  for  the  coasting  trade  departing  without  bond  having  been 
given,  or  without  clearance,  as  aforesaid. 

Sec.  9.  And  be  it  Jurther  enacted.  That  the  collectors  of  all  the  dis- 
tricts of  the  United  States  shaU,  and  they  are  hereby  authorized  to  take 
into  their  custody  specie  or  any  articles  of  domestic  growth,  produce,  or 
manufacture,  found  on  board  of  any  ship  or  vessel,  boat  or  other  water 
craft,  when  there  is  reason  to  believe  that  they  are  intended  for  exporta- 
tion, or  when  in  vessels,  carts,  wagons,  sleighs,  or  any  other  carriage,  or 
in  any  manner  apparently  on  their  way  towards  the  territories  of  a 
foreign  nation,  or  the  vicinity  thereof,  or  towards  a  place  whence  such 
articles  are  intended  to  be  exported ;  and  not  to  permit  such  articles  to 
be  removed,  until  bond  with  sufficient  sureties  shall  have  been  given  for 
the  landing  or  delivery  of  the  same  in  some  place  of  the  United  States, 
whence,  in  the  opinion  of  the  coUectar,  there  shall  not  be  any  danger 
of  such  articles  being  exported.(a) 

Sec.  10.  And  be  it  Jurther  enacted,  That  the  powers  given  to  the 
collectors,  either  by  this  or  any  other  act  respecting  the  embargo,  to 
refuse  permission  to  put  any  cargo  on  board  any  v^sel,  boat,  or  other 
water  craft,  to  detain  any  vessel,  or  to  take  into  their  custody  any  articles 
for  the  purpose  of  preventing  violations  of  the  embargo,  shall  be  exei^ 
cised  in  conformity  with  such  instructions  as  the  President  may  give, 
and  such  general  rules  as  he  may  prescribe  for  that  purpose,  made  in 
pursuance  of  the  powers  aforesaid ;  which  instructions  and  general  rules 
the  collectors  shall  be  bound  to  obey :  And  if  any  action  or  suit  be 
brought  against  any  collector  or  other  person  acting  under  the  directions 
of,  and  in  pursuance  oF  this  act,  he  may  plead  the  general  issue,  and 
give  this  act  and  the  instructions  and  regulations  of  the  President  in 
evidence,  for  his  justification  and  defence.  And  any  person  aggrieved 
by  the  acts  of  any  collector,  in  either  of  the  cases  aforesaid,  may  file  his 
petition  before  the  district  court  of  the  district  wherein  Uie  collector 

(a)  The  act  of  CongreM  of  January  9,  1809,  authorised  the  collector  to  rahe  for  anjr  Tiolatioii  of  ita 
piOTiaioiia  {  and  it  waa  not  necetaary  that  inch  aeisnre  ahould  be  made  by  the  collector  in  penon,  or  bj 
bia  written  aathority;  nor  that  a  recoid  ahould  be  made  of  auch  aeisuie.  The  Bolina  and  caifo,  1  Oal- 
]i8.C.C.R.75. 

3u2 


CoUectora  au- 
thorised to  leise 
specie,  &e.  in 
certain  cases. 


Powers  given 
by  this  act  and 
by  the  embargo 
laws,  with  re- 
spect to  giving 
and  refusing 
permissions,  to 
DO  exercised  in 
conformity  with 
directions  of  the 
President. 


510 


TENTH  CONGRESS.    Sxss.  11.  Cr.  6.    1800. 


President  may 
employ  the  land 
ana  naval  forces 
to  prevent  vio. 
lations  of  this 
and  the  embar- 
go laws. 


Penalties  and 
forfeitures ;  how 
to  be  remitted 
or  mitigated. 

Act  of  Dec. 
32,  1807,  ch.  6. 


Distribution 
of  penalties. 

Act  of  March 
2, 1799,  ch.  24, 
sec.  6. 

Act  of  March 
2, 1799,  ch.  22. 


Act  of  March 
3, 1797,  ch.  13. 


Act   of  Feb. 
11, 1800,  ch.  6. 


President  may 
employ  a  certain 
number  of  ves- 
seisin  enforcing 
the  embargo, 
&c.  ace. 


resides,  stating  the  facts  of  his  case,  and  thereupon,  after  due  notice  given 
to  the  district  attorney  and  the  collector,  the  said  court  may  summarily 
hear  and  adjudge  thereupon,  as  law  and  justice  may  require ;  and  the 
judgment  of  said  court,  and  the  reason  and  facts  whereon  it  is  grounded, 
shall  be  filed  among  the  records  of  said  court ;  and  if  restoration  of  the 
property  detained  or  taken  in  custody,  or  permission  to  load  as  afore- 
said, shall  be  decreed,  it  shall  be  upon  the  party's  giving  such  bond  with 
sureties  as  is  or  shall  be  required  to  be  taken  in  slqailar  cases  by  the 
collector,  and  not  otherwise ;  but  if  the  said  court  shall  adjudge  against 
such  petition,  the  collector  shall  be  entitled  to  treble  costs,  which  shall 
be  taxed  for  him,  and  execution  awarded  accordingly  by  the  court. 

Sec.  11.  And  be  it  Jurther  enacted,  That  it  shsul  be  lawful  for  the 
President  of  the  United  States,  or  such  other  person  as  he  shall  have 
empowered  for  that  purpose,  to  employ  such  part  of  the  land  or  naval 
forces  or  militia  of  the  United  States,  or  of  the  territories  thereof  as 
may  be  judged  necessary,  in  conformity  with  the  provisions  of  this  and 
other  acts  respecting  the  embargo,  for  the  purpose  of  preventing  the 
illegal  departure  of  any  ship  or  vessel,  or  of  detaining,  taking  possession 
of,  and  keeping  in  custody  any  ship  or  vessel,  or  of  taking  into  custody 
and  guarding  any  specie,  or  articles  of  domestic  growth,  produce  or 
manufacture,  and  also  for  the  purpose  of  preventing  and  suppressing 
any  armed  or  riotous  assemblage  of  persons,  resisting  the  custom-house 
officers  in  the  exercise  of  their  duties,  or  in  any  manner  opposing  the 
execution  of  the  laws  laying  an  embargo,  or  otherwise  violating,  or 
assisting  and  abetting  violations  of  the  same. 

Sec.  12.  And  be  it  further  enacted,  That  all  penalties  and  forfeitures 
incurred  by  force  of  this  act,  unless  herein  before  otherwise  directed, 
and  all  penalties  and  forfeitures  incurred  by  force  of  the  act,  intituled 
"  An  act  laying  an  embargo  on  all  ships  and  vessels  in  the  ports  and 
harbors  of  the  United  States,"  or  by  virtue  of  the  several  acts  supple- 
mentary thereto,  may  be  prosecuted,  sued  for,  and  recovered  by  action 
of  debt,  or  by  indictment  or  information,  any  law,  usage  or  custom  to 
the  contrary  notwithstanding ;  and  if  recovered  in  consequence  of  any 
seizure  made  by  the  commander  of  any  public  armed  vessel  of  the 
United  States,  shall  be  distributed  according  to  the  rules  prescribed  by 
the  act,  intituled  *'  An  act  for  the  government  of  the  navy  of  the  United 
States,"  and  if  otherwise,  shall  be  distributed,  and  accounted  for  in  the 
manner  prescribed  by  the  act,  intituled  '<  An  act  to  regulate  the  col- 
lection of  duties  on  imports  and  tonnage,"  passed  the  second  day  of 
March,  one  thousand  seven  hundred  and  ninety-nine,  and  may  be  miti- 
gated or  remitted  in  the  manner  prescribed  by  the  act,  intituled  "  An 
act  to  provide  for  mitigating  or  remitting  forfeitures,  penalties,  and  dis- 
abilities accruing  in  certain  cases  therein  mentioned,"  passed  the  third 
day  of  March,  one  thousand  seven  hundred  and  ninety-seven,  and  made 
perpetual  by  an  act  passed  the  eleventh  of  February,  one  thousand  eight 
hundred ;  and  any  officer  or  other  person  entitled  to  a  part  or  share  of 
any  of  the  fines,  penalties  or  forfeitures  aforesaid,  may,  if  necessary,  be 
a  witness  on  the  trial  therefor,  but  in  such  case  he  shall  not  receive  any 
part  or  share  of  the  said  fine,  penalty  or  forfeiture,  but  the  part  or  share 
to  which  he  would  otherwise  be  entitled  shall  revert  to  the  United  States. 

Sec.  13.  And  be  it  further  enacted,  That  the  President  of  the  United 
States  be,  and  he  hereby  is  authorized  to  hire,  arm  and  employ  thirty 
vessels,  not  exceeding  in  tonnage  one  hundred  and  thirty  tons  each, 
belonging  to  citizens  of  the  United  States,  and  so  many  seamen  as  shall 
be  necessary  to  man  the  same,  for  immediate  service,  in  enforcing  the 
laws  of  the  United  States  on  the  sea  coast  thereof,  and  to  dismiss  the 
same  from  service,  whenever  he  shall  deem  the  same  expedient :  Pro- 
vided  however,  that  such  hiring,  arming  and  employment  shall  not  be 
for  a  term  exceeding  one  year.    And  the  said  ahipe  or  vessels,  when  go 


TENTH  CONGRESS.    Sess.  IL  Ch.  6, 8.    1809. 


SIX 


hired  and  arraed,  shall  be  employed  under  the  direction  of  the  Secretary 
of  the  Treasury. 

Sec.  14.  And  be  it  further  enacted^  That  the  powers  given  to  the 
President  of  the  United  Slates  by  the  seventh  section  of  the  act  of 
March  the  twelfth,  one  thousand  eight  hundred  and  eight,  to  grant  per- 
mission to  citizens  having  property  of  value  in  places  without  the  juris- 
diction of  the  United  ^ates,  to  despatch  vessels  for  the  same,  shall 
henceforth  cease. 

Sec.  15.  And  he  it  Jurther  enacted^  That  this  act  shall  be  in  force 
from  and  after  the  passing  thereof,  during  the  continuance  of  the  act, 
intituled  "  An  act  laying  an  embargo  on  all  ships  and  vessels  in  the 
ports  and  harbors  of  Uie  United  States,"  and  no  longer. 

ArpRovKD,  January  9,  1809. 


Prendent  no 
longer  anUiorii. 
ed  to  grant  per- 
miniona  to  de- 
■pateh  veaaela. 

1808,  ch.  33. 

ContinnaDca 
of  tbia  aeU 
1807,  ch.  6. 


Statute  II. 


Chap.   W,^^n  Jiet  to  revive  and  continue  in  foree^  for  a  further  time^  the  first    Jui.  10,  1800. 
section  of  theaet^  intituled  ^^An  act  further  to  pnieet  the  commeru  and  seamen 
<f  the  United  States^  against  the  Barhary  powers.''^  [Ohaolete.] 

Btit  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembted,  That  so  much  of  the  act.  Act  of  March 
passed  on  the  twenty-fifth  day  of  March,  one  thousand  eight  hundred  S6,i804,ch.46. 
and  four,  intituled  *<An  act  further  to  protect  the  commerce  and  seamen 
of  the  United  States,  against  the  Barbary  powers,"  as  is  contained  in 
the  first  section  of  the  said  act,  (and  which  was  revived  and  continued 
in  force,  for  the  time  therein  mentioned,  by  an  act,  intituled  "An  act  to 
revive  and  continue  in  force,  for  a  further  time,  the  first  section  of  the 
act,  intituled  An  act  further  to  protect  the  commerce  and  seamen  of 
the  United  States,  against  the  Barbary  powers,"  passed  the  nineteenth 
day  of  January,  one  thousand  eight  hundred  and  eight,)  be,  and  the 
same  hereby  is  revived  and  continued  in  force,  uniS  the  first  day  of 
January,  one  thousand  eight  hundred  and  ten :  Provided  however,  that 
the  additional  duty  laid  by  the  said  section  shall  be  collected  on  all  such 
goods,  wares  and  merchandise,  liable  to  pay  the  same,  as  shall  have 
been  imported  previous  to  that  day. 

Approved,  January  10,  1809. 


Act   of  Jan. 
19, 1806,  eh.  11. 


Additional 
dntj. 


Chap.  VIII. — Jn  Jet  authorizing  the  proprietors  of  squares  and  lots  in  the  City 
tf  Washington^  to  have  the  same  subdivided  and  admitted  to  record. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  whenever  the  proprie- 
tor of  any  square  or  lot  in  the  city  of  Washington  shall  deem  it  neces- 
sary to  subdivide  such  square  or  lot  into  convenient  building  lots,  pieces 
or  portions  for  sale  and  occupancy,  and  alleys  for  their  accommodation, 
he  may  cause  a  plat  of  the  same  to  be  made,  on  which  shall  be  expressed 
the  dimensions  and  length  of  all  the  lines  of  such  portions  as  are  neces- 
sary, for  defining  and  laying  off  the  same  on  the  ground,  and  may  certify 
such  subdivision  under  his  hand  and  seal,  in  the  presence  of  two  or  more 
credible  witnesses,  upon  the  same  plat,  or  on  a  paper  or  parchment 
attached  thereto. 

Sec.  2.  And  be  it  further  enacted.  That  at  the  request  of  the  said  pro- 
prietor, the  surveyor  of  the  city  shall  examine  whether  the  lots,  pieces 
or  parcels  into  which  any  square  or  lot  may  be  subdivided  as  aforesaid, 
agree  in  dimensions  with  the  whole  of  the  square  or  lot  so  intended  to 
be  subdivided,  and  whether  the  dimensions  expressed  on  the  plat  of  sub- 
division, be  the  true  dimensions  of  the  parts  so  expressed ;  and  if  upon 
such  examination,  he  shall  find  the  plat  correct,  he  shall  certify  the  same 
under  his  hand  and  seal,  with  such  remarks  as  appear  to  him  necessary 


Statutx  II. 


Jan.  13, 1809. 


Proprietora  of 
aquarea,  Blc.  fcc. 
may  aubdiTide 
them. 


Subdiviaiona 
may  be  examin- 
ed by  the  aur- 
▼eyor,  and  re 
corded. 


813 


TENTH  OONQRESS.    San.  H,  C&  a    1809. 


mLbcoiob    or 
■abdiTisioiw   to 
Ibrm  oridoaoe 
oftbomaiuioria 
whiehtliey 


Defteioneyy  or 
oieew,  liow  to 
be  ipportioiiad. 


Sorrejor  to 
examine  the 
foaodation  or 
walls  of  houeiy 
Ifcc.  &6. 


Fees   to   the 

rarrejor. 


ProTito. 


ProTiflO. 

Records  of  dU 
vwiont,whereto 
be  kept. 


Ibr  the  farther  illostration  thereof  and  record  the  said  plat,  aa  ezamineA, 
in  a  book  or  books,  to  be  kept  bj  him  for  that  purpose. 

Sic.  3.  And  he  it  /wrther  enacted,  That  when  soch  sabdiviaion  of 
any  square  or  lot  shall  be  so  certified,  examined  and  recorded,  the  pur- 
chaser of  any  part  thereof,  or  any  person  interested  therein,  may  refer  to 
the  said  plat  and  record  for  description,  in  the  same  manner  as  to  squares 
and  lots  divided  between  the  commissioners  and  original  |Nroprietora; 
and  the  ways,  allevs  or  passages,  laid  out  or  expressed  on  such  plat  of 
subdiyision,  shall  be  and  remain  to  the  public,  or  subject  to  the  uses 
declared  by  the  person  making  such  subdivision,  at  all  times  under  the 
same  police  regulations  as  the  alleys  laid  off  by  the  commissioners  on 
division  with  we  proprietors. 

Sec.  4.  And  be  it  fierther  enacted,  That  whenever  the  surveyor  of  the 
said  city  shall  lay  off  any  lot  therein,  or  any  of  the  parts  into  which  a 
square  or  lot  may  be  subdivided  as  aforesaid,  he  shall  measure  the  whde 
of  that  front  of  the  square  on  which  such  lot  or  part  lies;  and  if,  on 
such  admeasurement,  the  whole  front  of  the  square  exceeds  or  falb  short 
of  the  aggregate  of  the  fi-onts  of  the  lots  on  that  side  of  the  square,  as 
the  same  are  recorded,  he  shall  apportion  such  excess,  or  deficiency, 
among  the  lots  or  pieces  on  that  firont,  agreeably  to  Uieir  respective 
dimensions.  Whenever  on  such  admeasurement,  the  wall  of  a  house 
previously  erected  by  any  proprietor,  shaU  iq>pear  to  stand  on  the  ad- 
joining lot  of  any  other  person  in  part  less  than  seven  inches  in  width 
thereon,  such  wall  shall  be  considered  as  standing  altogether  on  the 
land  of  such  proprietor,  who  shall  pay  to  the  owner  of  the  lot  on  which 
the  wall  may  stand,  a  reasonable  price  for  the  ground  so  occupied,  to  be 
decided  by  arbitrators  or  a  jury,  as  the  parties  interested  may  agree ; 
but  if  the  wall  of  any  house,  already  erected,  cover  seven  inches  or  more 
in  width  of  the  adjoining  lot,  it  shall  be  deemed  a  party  wall,  according 
to  the  regulations  for  building  in  said  city,  as  promulgated  by  the  Pre- 
sident of  the  United  States,  and  the  ground  so  occupied,  more  than 
seven  inches  in  width,  shall  be  paid  for  as  above.  Which  fact  the  sur- 
veyor shall  ascertain  and  certify,  and  put  on  record  at  the  request  and 
expense  of  any  person  interested  therein. 

Sbc.  5.  And  be  it  fitrtker  enacted,  That  it  shall  be  the  duty  of  the 
surveyor  to  attend,  when  requested,  and  examine  the  foundation  or  walls 
of  any  house  to  be  erected,  when  the  same  shall  be  level  with  the  street 
or  surface  of  the  ground,  for  the  purpose  of  adjusting  the  line  of  the 
front  of  such  building  to  the  line  of  the  street,  and  correctly  placing  the 
party  wall  on  the  line  of  division  between  that  and  the  adjoining  lot ; 
and  his  certificate  of  the  fact  shall  be  admitted  as  evidence,  and  binding 
on  the  parties  interested. 

Sec.  6.  And  be  it  Jurtker  enacted,  That  the  surveyor  shall  be  au- 
thorized to  receive  from  the  persons  for  whom  he  shall  perform  the 
services  required  by  this  act,  the  fees  following,  that  is  to  say :  For  ex- 
amining the  plat  and  calculations  of  any  subdivision  of  a  square  or  lot 
twelve  and  an  half  cents  for  each  of  the  lots  or  portions  into  which  it 
may  be  subdivided :  Provided,  that  no  more  shall  be  paid  for  the  lots  iu 
one  square  than  one  dollar  and  fifty  cents ;  for  examining  any  building 
and  giving  the  certificate  required  by  the  fifih  section  of  this  act,  and 
recording  the  same,  one  dollar  and  fifly  cents ;  for  recording  any  divi- 
sion or  subdivision  of  any  square  or  lots,  for  transcripts  from  records, 
and  for  searches  in  his  office,  the  same  fees  that  have  heretofore  been 
paid  to  the  clerk  of  the  county :  Provided,  that  they  do  not  in  any  case 
exceed  the  fee  hereby  allowed  for  examination. 

Sec.  7.  And  be  it  further  enacted.  That  all  records  of  the  division 
of  squares  and  lots  heretofore  made  between  the  public  and  original 
proprietors,  or  which  are  authorized  by  this  act,  shall  be  kept  in  the 
office  of  the  surveyor  of  the  city;  and  all  transcripts  therefrom,  certified 


TENTH  OONGRESS.    Ssss.  II.  Ch.  9.    1809. 


613 


by  him,  sball  be  evidence  equally  valid  with  certified  Uanacripts  from 
the  keeper  of  the  ofiice  for  recording  deeds  for  the  conveyance  of  land 
in  the  county  of  Washington. 

Sec,  8.  And  he  it  further  enacted^  That  whenever  the  President  of      Public  pr^. 
the  United  States  shall  deem  it  necessary  to  subdivide  any  square  or  lot  JJJ^^SS  hj 
belonging  to  the  United  Sutes  within  the  city  of  Washington,  which   direction  of  tiM 
may  not  have  been  reserved  for  public  purposes,  into  convenient  build-  Protident 
ing  bis,  pieces  or  portions  for  side  and  occupancy,  and  alleys  for  their 
accommodation,  he  may  cause  a  plat  to  be  made  by  the  surveyor  of  the 
city  in  the  manner  prescribed  in  the  first  section  of  this  act,  which  plat 
shall  be  recorded  by  the  said  surveyor,  and  the  provisions  of  this  act 
shall  extend  to  the  lots,  pieces  and  parcels  of  ground  contained  in  such 
plat  as  fully  as  to  subdivisions  made  by  individual  proprietors. 

Sec.  9.  And  be  it  Jkrtker  enacted^  That  the  surveyor  of  the  city  of 
Washington,  before  entering  upon  the  discharge  of  the  duties  required 
of  him  by  this  act,  shall  take  an  oath  or  affirmation  before  the  mayor  of 
the  city  of  Washington,  that  he  will  faithfully  and  impartially  perform 
the  duties  herein  before  required  of  him. 

Appaoved,  January  1%  1809. 


Crap.  IX.— ^n  Jict  tuppkmental  to  an  act  irUituIed  ^*Jn  act  for  extending  the  fermt 
of  credit  on  revenue  bondi  in  certain  eaeee^  and  for  other  purpoua.^^ 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  payment  of  all  bonds 
ffiven,  subsequent  to  the  date  of  the  act  to  which  this  act  is  a  supplement, 
for  duties  on  coffee,  sugar,  pepper,  indigo,  cocoa,  and  wine  paying  a 
duty  of  twenty-three  cents  per  gallon,  and  which  remain  unpaid,  or  for 
the  same  articles  which  may  arrive  hereafter  in  any  of  the  ports  of  the 
United  States,  and  whilst  the  act  intituled  "An  act  laying  an  embargo 
on  all  ships  and  vessels  in  the  ports  and  harbors  of  the  United  States," 
shall  continue  in  force,  may  be  suspended,  subject  however  in  all  re- 
spects to  the  conditions  and  provisions  made  and  provided  in  the  act  of 
the  tenth  of  March,  one  thousand  eight  hundred  and  eight,  to  which  this 
act  is  a  supplement :  Provided,  that  nothing  herein  contained  shall  be 
construed  to  extend  to  importations  made  in  vessels  despatched  under 
permissions  granted  by  the  President  of  the  United  States  in  pursuance 
of  powers  in  him  vested  by  the  seventh  section  of  the  act,  intituled  "An 
act  in  addition  to  the  act  intituled.  An  act  supplementary  to  the  act 
intituled,  An  act  laying  an  embargo  on  all  ships  and  vessels  in  the  ports 
and  harfaiors  of  the  United  States."* 

Sec.  2.  And  be  it  further  enacted,  That  if  the  amount  of  any  bond 
given  for  the  payment  of  duties  on  the  importation  of  cofiee,  sugar,  pep- 
per, indigo,  cocoa,  or  wine  paying  a  duty  of  twenty-three  cents  per  gal- 
lon, made  subsequent  to  the  passage  of  the  act  to  which  this  is  a  supple- 
ment, and  which  bond  would  by  virtue  of  this  act  have  been  entitled  to 
an  extension  of  credit,  shall  have  been  previously  paid,  the  money  so 
paid  shall,  by  the  proper  collector,  be  refunded  to  the  person  or  persons 
who  shall  have  paid  the  same,  or  to  his,  her,  or  their  agent  or  agents, 
on  his  or  their  giving  a  bond  with  sureties,  in  the  same  manner  and  on 
the  same  terms,  conditions  and  restrictions,  and  on  a  compliance  of  the 
person  or  persons  receiving  the  indulgence  hereby  granted,  with  all  the 
provisions  of  the  act  to  which  this  is  a  supplement 

Approved,  January  12,  1809. 


StatutsII. 

Jan.  IS,  1800. 

[Obsolete.] 

Payment    of 

datiei  in  certain 

caaea   aoipend- 

ed. 


1807,  ch.  5. 


1808,  ch.  30. 

This  act  not 
to  extend  to  Toa- 
•elt  deipatched 
under  pennit- 
■ion  from  the 
Preaidentofthe 
U.  Sutet  nnder 
the  embargo 
acta. 

Monies  to  be 
refonded. 

In  what  caiea. 


•I8p8,  ch.  33. 
Conditiona. 


Vol-  II.--W 


514 


TENTH  CONGRESS.     Sess.  IT.  Cn.  10, 11,  13.     1809. 


StatutbII. 
Jaa.  30,  1800. 

[OlMotete.] 

CoD^reti  to 

meet  on  the 

foaith  Mondaj 

of  May,  1800. 

StatutkIT. 
Jan.  31,  1809. 

[ObMlete.] 
Pretident  aa- 
thorixed  to  man 
and  fit  oat  cer- 
tain frigates. 


And    other 
public  Tesaela. 

1800,  ch.  17, 
sec.  3. 


Pretident  an. 
thorized  to  em- 
ploy an  addi. 
tional  number 
of  I 


Appropriation. 


STATirTE  n. 


Feb.  3,  1800. 


Act    of  May 

7. 1800,  ch.  41. 
Act  of  March 

2. 1801,  ch.  Id. 


Chap.  X. — An  Jet  to  alter  the  time  for  the  next  meeting  tf  Congreu. 

Be  it  enacted  by  the  Senate  and  Home  of  Rrpresentalives  of  the  Unittd 
States  of  America  in  Congress  assembled^  Th&t  afler  the  adjournment 
of  the  present  session,  the  next  meeting  of  Congress  shall  be  on  the 
fourth  Monday  of  May  next. 

Approved,  January  30,  1809. 


Chap.  XI. — Jin  Act  authorizing  the  employment  tf  an  additional  ntnal  force. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
Slates  of  America  in  Congress  assembled^  That  in  addition  to  the 
frigates  now  employed  in  actual  service,  there  be  fitted  out,  officered 
and  manned,  as  soon  as  may  be,  the  four  following  frigates,  to  wit :  the 
United  Spates,  Essex,  John  Adams,  and  President:  and  moreover  the 
President  of  the  United  States  is  hereby  authorized  and  empowered  to 
equip,  man,  and  employ  in  actual  service,  so  many  of  the  public  armed 
vessels,  now  laid  up  in  ordinary,  and  gun  boats,  as  in  his  judgment  the 
public  service  may  require ;  and  to  cause  the  frigates,  and  other  armed 
vessels,  when  prepared  for  actual  service,  respectively,  to  be  stationed  at 
such  ports  and  places  on  the  sea  coast  as  he  may  deem  most  expedient, 
or  to  cruise  on  any  part  of  the  coast  of  the  United  States  or  the  territories 
thereof. 

Sec.  2.  And  be  it  Jhirther  enacted.  That  for  the  purpose  of  carrying 
the  foregoing  provision  into  immediate  effect,  the  President  of  the 
United  States  be,  and  he  is  hereby  authorized  and  empowered,  in  addi- 
tion to  the  number  of  petty  officers,  able  seamen,  ordinary  seamen  and 
boys,  at  present  authorized  by  law,  to  appoint,  and  cause  to  be  engaged 
and  employed  as  soon  as  may  be,  three  hundred  midshipmen,  three 
thousand  six  hundred  able  seamen,  ordinary  seamen  and  boys,  who  shall 
be  engaged  to  serve  for  a  period  not  exceeding  two  years ;  but  the  Pre- 
sident may  discbarge  the  same  sooner,  if  in  his  judgment  their  service 
may  be  dispensed  with.  And  to  satisfy  the  necessary  expenditures  to 
be  incurred  therein,  a  sum  not  exceeding  four  hundred  thousand  dollars, 
be,  and  the  same  is  hereby  appropriated,  and  shall  be  paid  out  of  any 
monies  in  the  treasury,  not  otherwise  appropriated. 

Approved,  January  31,  1809. 


Chap.  XIII.— ^n  Act  for  dividing  the  Indiana  Territory  into  two  a^araU 

gooernments.{a) 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  from  and  after  the  first 


(o)  Acta  for  the  establishment  and  government  of  the  Indiana  territory  :— 

All  act  to  divide  the  territory  of  the  United  Statea  northwest  of  the  river  Ohio,  into  two  aeparate  gov. 
erninenta.  May  7,  1800,  chap.  41. 

An  act  supplementary  to  "  an  act  to  divide  the  territory  northwest  of  the  river  Ohio,  into  two  aeparate 
governments,'*  March  2,  1801,  chap.  16. 

An  act  miking  provision  for  the  disposal  of  the  pablic  lands  in  the  Indiana  territory,  and  for  other  por- 
posea,  March  26,  1804,  chap.  36. 

An  act  erecting  Louisiana  into  two  territories,  and  providing  for  the  temporary  gOTomment  thereof, 
March  26,  1804,  chsp.  38,  sec.  13. 

An  act  etlending  the  right  of  suffrage  in  the  Indiana  territory,  February  26,  1808,  chap.  24. 

All  act  for  dividing  the  Indiana  territory  inio  two  separate  governmenU,  February  3,  1809,^chap.  13. 

All  aci  extending  the  right  of  suffrage  in  the  Indiana  territory,  and  for  other  purpoaea,  February  27, 
1809,  chap.  19. 

An  act  to  eitend  the  right  v>f  suffrsge  in  the  Indiana  territory,  and  for  other  purpoaea,  March  3,  1811, 
chap.  38.  ^  „       ,.    ,     :m 

An  act  aupplementary  to  the  act  entitled,  «An  act  giving  further  time  to  the  purchaaera  of  public  landl 
Dorihwest  of  the  river  Ohio,  to  complete  their  payments,*'  July  6,  1812,  chap.  134. 

An  act  for  the  regulation  of  the  courta  of  justice  in  Indiana,  February  24,  1815,  chap.  64. 


TENTH  CONGRESS.    Ssss.  II.  Ch.  13.     1809. 


615 


Act  of  Feb. 
86. 1808,  ch.  30. 

Indiana  terri- 
torv  divided, 
and  the  lUinoii 
formed. 

Agoverament 
■imilar  to  that 
provided  for  tht 
Northweat  ter- 
ritory provided. 


1789,  ch.  8. 


Offleen'    dq- 
tiea,  ate.  ate. 


day  of  March  next,  9U  that  part  of  the  Indiana  territory  which  lies  west 
of  the  Wabash  river,  and  a  direct  line  drawn  from  the  said  Wabash 
river  and  Post  Vinoennes,  due  north  to  the  territorial  line  between  the 
United  States  and  Canada,  shall,  for  the  purpose  of  temporary  govern- 
ment, constitute  a  separate  territory,  and  be  called  Illinois. 

Sec.  2.  And  be  it  further  enacted^  That  there  shall  be  established 
within  the  said  territory  a  government  in  all  respects  similar  to  that  pro- 
vided by  the  ordinance  of  Congress,  passed  on  the  thirteenth  day  of  July, 
one  thousand  seven  hundred  and  eighty-seven,  for  the  government  of 
the  territory  of  the  United  States,  northwest  of  the  river  Ohio;  and  by 
an  act  passed  on  the  seventh  day  of  August,  one  thousand  seven  hun- 
dred and  eighty-nine,  intituled  ''An  act  to  provide  for  the  government 
of  the  territory  northwest  of  the  river  Ohio;"  and  the  inhabitants  thereof 
shall  be  entitled  to,  and  enjoy  all  and  singular  the  rights,  privileges  and 
advantages,  granted  and  secured  to  the  people  of  the  territory  of  the 
United  States,  northwest  of  the  river  Ohio,  by  the  said  ordinance. 

Sec.  3.  And  be  it  further  enacted.  That  the  officers  for  the  said  terri- 
tory, who,  by  virtue  of  this  act,  shall  be  appointed  by  the  President  of 
the  United  States,  by  and  with  the  advice  and  consent  of  the  Senate, 
shall  respectively  exercise  the  same  powers,  perform  the  same  duties, 
and  receive  for  their  services  the  same  compensations,  as  by  the  ordi- 
nance aforesaid,  and  the  laws  of  the  United  States,  have  been  provided 
and  established  for  similar  officers  in  the  Indiana  territory.  And  the 
duties  and  emoluments  of  superintendent  of  Indian  affiiirs  shall  be 
united  with  those  of  governor:  Provided,  that  the  President  of  the 
United  States  shall  have  full  power,  in  the  recess  of  Congress,  to  ap- 
point and  commission  all  officers  herein  authorized,  and  their  commis- 
sions shall  continue  in  force  until  the  end  of  the  next  session  of  Congress. 

Sec.  4.  And  be  it  further  enacted,  That  so  much  of  the  ordinance 
for  the  government  of  the  territory  of  the  United  States  northwest  of 
the  Ohio  river,  as  relates  to  the  organization  of  a  general  assembly 
therein,  and  prescribes  the  powers  thereof,  shall  be  in  force  and  operate 
in  the  Illinois  territory,  whenever  satisfactory  evidence  shall  be  given  to 
the  governor  thereof  that  such  is  the  wish  of  a  majority  of  the  freehold- 
ers, notwithstanding  there  may  not  be  therein  five  thousand  free  male 
inhabitants  of  the  age  of  twenty-one  years  and  upwards:  Provided,  that 
until  there  shall  be  five  thousand  free  male  inhabitants  of  twenty-one 
years  and  upwards  in  said  territory,  the  whole  number  of  representatives 
to  the  general  assembly  shall  not  be  less  than  seven,  nor  more  than  nine, 
to  be  apportioned  by  the  governor  to  the  several  counties  in  the  said 
territory,  agreeably  to  the  number  of  free  males  of  the  age  of  twenty- 
one  years  and  upwards,  which  they  may  respectively  contam. 

Sec.  5.  And  be  it  further  enacted,  That  nothing  in  this  act  contained 
shall  be  construed  so  as  in  any  manner  to  affect  the  government  now  in 
force  in  the  Indiana  territory,  further  than  to  prohibit  the  exercise  thereof 
within  the  Illinois  territory,  from  and  afler  the  aforesaid  first  day  of 
March  next 

Sec.  6.  And  be  it  further  enacted.  That  all  suits,  process  and  pro- 
ceedings, which,  on  the  Brst  day  of  March  next,  shall  be  pending  in  the 
court  of  any  county  which  shall  be  included  within  the  said  territory  of 
Illinois,  and  also  all  suits,  process  and  proceedings,  which,  on  the  said 
first  day  of  March  next,  shall  be  pending  in  the  general  court  of  the 
Indiana  territory,  in  consequence  of  any  writ  of  removal,  or  order  for 

An  act  to  enable  the  people  of  the  Indiana  territory  to  form  a  conatitation  and  state  government,  and 
for  the  admiaaionoraach  atate  into  the  Union,  on  an  equal  footing  with  the  original  atatea,  April  19, 1816, 
chap.  57. 

An  act  flupplemental  to  the  act  entitled,  "  An  act  defining  the  dntiea  of  the  jadgea  of  the  territory  of 
Illinois,  and  for  vesting  in  the  courts  of  the  territory  of  Indiana  a  jurisdiction  in  chancery  eatea  anrisf 
in  the  said  Urritory,"  April  89,  1816,  chap.  164. 


Proviso. 


Ordinance  for 
the  government 
of  the  Northweat 
territory  to  be 
in  force  in  the 
IlliDois. 


CrOTemment 
of  Indiana,  how 
affected  by  this 
act. 


Suits,  fee.  fee. 
how  disposed  of. 


616 


TENTH  CONGRESS.    Sess.  IL  Ch.  14,  16.     1Q09. 


Anretngvi  of 


la  the  niinois 
torritory  ttill  to 
bo  paid. 

Kaskaskia  to 
bo  tho  aoat  of 
goToniniODt. 


Statutb  n. 


trial  at  bar,  and  which  had  been  removed  from  any  of  the  counties  in- 
cluded within  the  limits  of  the  territory  of  Illinois  aforesaid,  shall,  in  all 
things  concerning  the  same,  be  proceeded  on,  and  judgments  and  decrees 
rendered  thereon,  in  the  same  manner  as  if  the  said  Indiana  territory 
had  remained  undivided. 

Sec.  7.  And  be  it  fwrtKct  enacted.  That  nothing  in  this  act  contained 
shall  be  so  construed  as  to  prevent  the  collection  of  taxes,  which  may 
on  the  firat  day  of  March  next,  be  due  to  the  Indiana  territory  on  lands 
lying  in  the  said  territory  of  Illinois. 

Sbo.  8.  And  be  it  fttrtker  enacted.  That  until  it  shall  b^  otherwise 
ordered  by  the  legislature  of  the  said  Illinois  territory,  Raskaskia  on 
the  Mississippi  river,  shall  be  the  seat  of  government  iix  the  said  Illi- 
nois territory. 

Approved,  February  3,  1809. 


Fob.  4,1809.     Chap.  XIV. 


[Obcoloto.] 

Act  of  Bfarcb 
SS,  1804,  eh.  31. 

Act  of  Feb. 
94, 1807, eh. 16. 

Act  of  March 
SS,  1808,  eh.  38. 

Procon,  how 
to  bo  inaed. 


To 
faotod. 


di. 


Soaciona  of  tho 
KoDtacky  dia- 
triet  eoarta. 


Writa,  Iec.  ke. 
to  bo  eontinood 
OTor,  ke.  kc. 


Statutb  n. 
Fob.  10,  1809. 


[Qbaoloto.] 


Jtd  Bupplementary  to  ike  aet^  inHiuled  **Jin  act  to  amend  the 
aet^  iniUukd  Jin  act  etiabuMng  CXreuit  Courii^  and  abridging  the  iuriadkUon 
tf  the  Dietriet  CourU  of  the  ddstrieU  of  Keniueky^  Tenneeeu  and  Ohio.*^ 

Be  it  enacted  by  the  Senate  and  Hotise  of  R^eseniatives  of  the  United 
States  of  America  in  Congress  assembled,  That  in  all  actions  or  suits  that 
were  pending  in  the  circuit  courts  of  the  United  States  for  the  district 
of  Tennessee,  established  by  an  act,  intituled  "An  act  establishing  circuit 
courts,  and  abridging  the  jurisdiction  of  the  district  courts  of  the  districts 
of  Kentucky,  Tennessee  and  Ohio,^  in  which  any  judgment  or  decree  was 
rendered,  or  any  sentence  passed  prerions  to  the  passage  of  the  act,  inti- 
tuled '*An  act  to  amend  the  act,  intituled  An  act  establishing  circuit 
courts,  and  abridging  the  jurisdiction  of  the  district  courts  of  the  districts 
of  Kentucky,  Tennessee  and  Ohio,"  the  clerk  of  the  circuit  court  of  the 
United  States  for  the  district  of  East  Tennessee  be,  and  he  is  hereby  authcv 
rized  and  directed  to  issue  executions,  and  all  other  process  necessary  for 
carrying  the  same  into  complete  effect,  in  the  same  manner  as  if  the 
said  last  mentioned  act  had  not  passed;  which  executions  and  other 
process  shall  be  directed  to  the  marshal  of  either  of  the  districts  of  East 
or  West  Tennessee,  in  which  the  party  against  whom  the  same  shall 
issue  may  reside,  or  his  property  may  be  found,  who  shall  execute  and 
return  the  same,  in  like  manner  he  would  have  done  if  the  act  to  which 
this  is  a  supplement  had  not  passed,  and  shall  receive  the  same  fees  as 
are  by  law  allowed  for  similar  services  in  other  cases. 

Sec.  2.  And  be  it  further  enacted.  That  the  next  session  of  the  dis- 
trict court  of  the  United  States,  for  the  district  of  Kentucky,  shall  be 
holden  on  the  second  Monday  in  May  next,  and  that  the  session  of  the 
said  court  heretofore  holden  on  the  first  Monday  in  June,  annually,  shall 
thereafter  be  holden  annually,  on  the  second  Monday  in  May. 

Sec.  3.  And  be  it  further  enacted.  That  all  writs  and  process,  which 
shall  have  been  issued,  or  may  hereafter  issue,  and  all  recognizances 
returnable,  and  all  suits  and  other  proceedings  of  what  nature  or  kind 
soever,  which  have  been  continued  to  the  said  district  court  on  the  first 
Monday  in  June  next,  from  the  last  December  term,  shall  be  returned 
and  held  continued  to  the  said  second  Monday  in  May  next 

Approved,  February  4, 1809. 


Chap.  XV.^-wffn  Act  making  appropriaiione  to  compkie  the  ^ 
meneedfnr  the  utwrity  cf  the  seaport  towm  and  harbors  cf'the  l/nited  StateSf 
and  to  a/dray  the  eamense  of  deepening  and  extending  to  the  river  Mumtippi^ 
the  eanaltf  Oaronaelet. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  for  the  purpose  tff  com- 


TENTH  CONGRESS.    Ssss.  U.  Cm.  16, 17.    1809. 


517 


pleting  the  fortiBcatioiu  commenced  for  the  security  of  the  seaport    Appropriati<m. 

towns  and  harbors  of  the  United  States  and  territories  thereof,  exclusive 

of  the  contemplated  line  of  blocks  and  chains  across  the  harbor  of  New 

York,  there  be,  and  hereby  is  appropriated  the  sum  of  four  hundred  and 

fifty  thousand  dollars,  to  be  paid  out  of  any  monies  in  the  treasury  not 

otherwise  appropriated. 

Sbc.  2.  And  be  it  Jurther  enacted.  That  the  President  of  the  United      Canal  of  Ca. 
States  be,  and  he  is  hereby  authorized  to  cause  the  canal  of  Carondelet,  "*"?***V.  *®  ^ 
leading  from  Lake  Ponchartrain,  by  way  of  the  Bayou  St  John,  to  the  aj^tion  of  the 
city  of  New  Orleans,  to  be  extended  to  the  river  Mississippi,  and  made  Preatdent. 
sufficiently  deep  throughout  to  admit  an  easy  and  safe  passage  to  gun 
boats,  if,  upon  survey  Uiereof,  he  shall  be  convinced  that  the  same  is 
practicable,  and  will  conduce  to  the  more  effectual  defence  of  said  city; 
and  that  for  the  purpose  of  defraying  the  expense  thereof,  there  be,  and 
hereby  is  appropriated  the  sum  of  twenty-five  thousand  dollars,  to  be 
paid  out  of  any  monies  in  the  treasury  not  otherwise  appropriated. 

Approved,  February  10, 1809. 


Appropriatioii. 


Chap.  XVL^-^Jin  Jd  to  revive  and  continue  for  afurtker  thne^  ike  mUkoriiy  ef 
the  Commianonen  qf  KatHuMa. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  the  powers  heretofore 
vested  m  the  register  and  receiver  of  public  monies  for  the  district  of 
Kaskaskia  be,  and  the  same  are  hereby  revived ;  and  the  said  register 
and  receiver  shall  be  allowed  until  the  first  day  of  January  next,  to 
complete  the  investigation  of  claims  to  land  in  said  district;  they  shall 
have  full  power  to  revise  any  of  their  former  decisions,  and  also  the 
same  power  and  authority  in  relation  to  claims  to  land  in  the  village  of 
Pioria;  notices  of  which  have  heretofore  been  filed  as  they  have  in  rela- 
tion to  other  claims  in  the  said  district;  and  the  said  register  and 
receiver,  and  the  clerk  of  the  board,  shall  each  be  allowed  an  additional 
compensation  of  five  hundred  dollars,  in  full  for  his  services  in  relation 
to  such  claims. 

Approved,  February  15, 1809. 


StatutxII. 

Feb.  15,  1809. 

[Expired.] 
Powera  Teated 
in  the  regiater 
and  receiTer  of 
Kaakaskia  re- 
YiTod  and  eon- 
turned  to  Jan. 
1,  1810. 

1806,  eb.  40. 


Statutb  II. 


ceiving  anb- 
aeriptiona. 


Chap.  X VIL— wfn  Jtd  to  incorporate  a  company  for  opening  the  Canal  in  the    Peb.  16, 1809. 
City  cf  Washington.  

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United  Commiaaion. 
States  of  America  in  Congress  assembled,  That  Robert  Brent,  Samuel  era,  kc.  ap. 
N.  Smallwood,  Daniel  Carroll  of  Duddington,  John  Law,  William  ?*?»*•**  ^V  "• 
Brent,  Frederick  May,  Elias  B.  Caldwell,  James  D.  Barry,  Griffith 
Coombe,  and  George  Blagden,  or  any  five  of  them  be,  and  they  are  here- 
by appointed  commissioners  to  open,  or  cause  to  be  opened,  a  book  for 
receiving  and  entering  subscriptions  for  raising  a  capital  stock  not  ex- 
ceedinff  one  hundred  thousand  dollars,  in  shares  of  one  hundred  dollars 
each,  for  the  purpose  of  opening  the  canal  to  communicate  from  the 
Potomac  river  to  the  Eastern  Branch  thereof,  through  a  part  of  the  city 
of  Washington,  and  that  one  month's  notice  be  given  in  one  of  the 
newspapers  printed  in  Washington,  Georgetown,  and  Alexandria,  of  the 
time  and  place  of  opening  the  said  subscription  book,  and  that  the  same 
be  kept  open  until  the  sum  of  forty  thousand  dollars  be  subscribed : 
Promded,  that  no  subscription  shall  be  received  unless  the  sum  of  ten 
doUars  be  paid  into  the  hands  of  the  persons  authorized  to  receive  the 
same,  on  each  share  subscribed  for. 

Sec.  2.  And  be  it  further  enacted.  That  as  soon  as  the  aforesaid  sum      „.^...w.»«.. 
of  forty  thousand  dollars  be  subscribed,  th^  said  commissioners,  or  any  to  haTo  a  meet. 

2X 


Stockboldera 


518 


TENTH  CONGRESS.    Sess.  II.  Cm.  17.     1809. 


ing  and  tppoint 
directon,  sc. 


Style  of  the 
compmnj. 


ProTuo. 


Term  of  ser. 
Tice  of  the  di. 
recton ,  &c.  &c. 


Poweraofthe 
diroctori  of  the 
Washington  Ca- 
nal Company. 


Treasurer  of 
the  company  to 
giTe  bond,  kc. 


Stockholder! 
to  pay  np  the 
remaining  nine 
tenths  of  their 
iharee,  fee.  &e. 


five  of  them,  shall  call  a  meeting  of  the  stockholders  at  the  city  of 
Washington,  hy  advertisement  in  one  of  the  newspapers  printed  ia 
Washington,  Georgetown,  and  Alexandria,  appointing  a  fit  and  conve- 
nient time  and  place  of  meeting;  and  the  said  stockholders  shall  proceed 
in  person,  or  by  proxy,  to  the  election,  by  ballot,  of  a  president  and  six 
directors  for  conducting  the  said  undertaking,  and  managing  the  busi- 
ness of  the  company,  for  and  during  the  term  of  one  year  from  the  time 
of  their  appointment 

Sec.  3.  And  be  U  fitrther  enacted,  That  the  said  stockholders  and 
their  successors,  from  the  time  of  the  said  first  meeting,  shall  be,  and 
they  are  hereby  declared  to  be,  incorporated  by  the  name  of  the  **  Wash- 
ington Canal  Company,"  and  by  that  name  may  sue  and  be  sued,  implead 
and  be  impleaded,  answer  and  be  answered,  and  may  make  all  necessary 
by-laws  and  regulations  for  the  proper  management  of  the  business  of 
the  company :  Provided,  that  the  same  be  not  contrary  to  the  laws  of 
the  United  States,  or  the  laws  in  force  in  the  district  of  Columbia. 

Sec.  4.  And  be  it  further  enacted,  That  the  said  president  and  direct- 
ors shall  continue  in  office  one  year  from  the  time  of  their  election,  and 
the  directors  may  fill  any  vacancy  which  may  happen  in  their  own  body 
during  the  term  for  which  they  were  elected,  and  in  case  of  the  death, 
resignation  or  disqualification  of  the  president,  they  may  elect  a  presi- 
dent to  serve  for  the  residue  of  the  term ;  and  the  said  stockholders,  in 
one  year  afler  the  day  on  which  the  election  of  president  and  directors 
shall  be  first  made,  and  on  the  same  day  in  every  year  thereafter,  (except 
the  same  shall  happen  on  Sunday,  in  that  case  on  the  day  succeeding) 
shall  elect  by  ballot  from  among  the  stockholders  one  person  as  presi- 
dent, and  six  persons  as  directors ;  and  the  president  and  directors,  for 
the  time  being,  shall  give  public  notice  in  one  of  the  newspapers  printed 
in  Washington,  Georgetown,  and  Alexandria,  for  a  new  election,  at  least 
ten  days  previous  to  the  expiration  of  the  time  for  which  they  were 
elected ;  and  each  stockholder  shall  be  allowed  one  vote  for  every  share 
by  him  or  her  held  at  the  time  in  said  company ;  and  any  stockholder, 
by  a  written  authority,  under  his  or  her  hand,  and  executed  in  the  pre- 
sence of  two  witnesses,  may  depute  any  other  stockholder  to  vote  and 
act  as  proxy  for  him  or  her  at  any  general  meeting. 

Sec.  5.  And  be  it  further  enacted.  That  the  said  president  and  direct- 
ors so  elected,  and  their  successors,  shall  be,  and  they  are  hereby  autho- 
rized and  empowered  to  agree  with  any  person  or  persons,  on  behalf  of 
said  company,  to  cut  the  canal,  as  laid  down  on  the  plan  of  the  city  of 
Washington,  erect  such  locks,  and  perform  such  other  works  as  they 
shall  judge  necessary,  for  opening  the  canal  aforesaid,  and  the  forks 
thereof;  and  out  of  the  monies  arising  from  subscriptions,  wharfage  and 
tolls,  to  pay  for  the  same;  and  to  repair  and  improve  the  said  canal, 
locks,  and  other  works  necessary  thereto,  and  to  defray  all  incidental 
charges,  and  also  to  appoint  a  treasurer,  clerk,  and  such  other  officers, 
toll-gatherers,  managers  and  servants,  as  they  shall  judge  requisite,  and 
to  settle  their  respective  wages. 

Sec.  6.  And  be  it  farther  enacted.  That  the  treasurer  of  the  said 
company  shall,  before  he  acts  as  such,  give  bond  to  the  company  in  such 
penalty,  and  with  such  security  as  the  said  president  and  directors  shall 
direct,  conditioned  for  the  faithful  performance  of  the  duties  of  his 
office. 

Sec.  7.  And  be  it  further  enacted.  That  the  said  president  and  directs 
ors  so  elected,  and  their  successors,  shall  have  full  power  and  authority 
to  demand  and  /eceive  of  the  stockholders,  in  equal  proportions,  the 
remaining  nine  tenths  of  the  shares,  from  time  to  time,  as  they  shall 
judge  necessary ;  and  if  any  of  the  stockholders  shall  neglect  or  refuse 
to  pay  their  proportions,  within  one  month  after  the  same  shall  have  been 
ordered,  the  share  or  shares  of  such  defaulter  shall  be  forfeited :  Pro- 


'TENTH  CONGRESS.    Sess.  U.  Ch.  17.     1809. 


519 


videdf  that  notice  shall  be  given,  by  advertisement,  in  one  of  the  news- 
papers printed  in  Washington,  Georgetown,  and  Alexandria,  of  the  time 
when  the  same  shall  be  ordered  to  be  paid. 

Sec.  S.  And  be  it  further  enacted.  That  the  said  company  shall  not 
begin  to  collect  wharfage  or  tolls,  until  the  canal  is  made  navigable  for 
boats  and  scows  drawing  three  feet  water  to  pass  through  the  same,  from 
the  Potomac  river  to  the  eastern  branch  thereof:  And  if  at  any  time  the 
said  canal  shall  become  obstructed,  so  that  boats  and  scows  drawing 
three  feet  water  cannot  pass  through  the  same,  from  the  Potomac  river 
to  the  Eastern  branch  thereof,  it  shall  not  be  lawful  for  the  said  company 
to  collect  any  wharfage  or  tolls,  until  such  obstruction  shall  have  been 
removed. 

Sec.  9.  And  be  it  Jurther  enacted.  That  every  president  and  director, 
before  he  acts  as  such,  shall  take  an  oath  or  affirmation  that  he  will  well 
and  faithfully  discharge  the  duties  of  his  office ;  and  any  four  of  the 
directors,  with  the  president,  shall  constitute  a  quorum  for  transacting 
any  business  of  the  company. 

Sec.  )0.  And  be  it  further  enacted.  That  the  shares  in  the  said  com* 
pany  shall  be  deemed  personal  and  not  real  property,  and  transferable  in 
such  manner  as  the  company  shall  direct,  and  that  the  shares  held  by 
any  individual  shall  be  liable  to  be  attached  or  taken  by  fieri  facias,  to 
satisfy  the  debts  due  from  any  such  individual,  in  like  manner  as  other 
personal  property  may  be. 

Sec.  11.  And  be  it  fitrther  enacted,  That  there  shall  be  a  ffcneral 
meeting  of  the  stockholders  on  the  first  Monday  in  June,  and  the  first 
Monday  in  December,  in  every  year,  in  the  city  of  Washington,  to  which 
meeting  the  president  and  directors  shall  make  a  report,  and  render  dis- 
tinct and  just  accounts  of  all  their  proceedings ;  and  on  finding  them 
justly  and  fairly  stated,  the  stockholders  then  present,  or  a  majority  of 
them,  shall  give  a  certificate  thereof;  and  at  such  half  yearly  general 
meetings,  afler  leaving  in  the  hands  of  the  treasurer  such  sum  as  shall 
be  judged  necessary  for  repairs,  improvements  or  contingent  charges,  an 
equal  dividend  of  all  the  nett  profits  arising  from  the  wharfage  and  tolls 
hereby  granted,  shall  be  ordered,  and  made  to  and  among  all  the  stock- 
holders of  the  said  company,  in  proportion  to  their  several  shares :  Pro- 
vided,  that  if  the  nett  profits  shall,  in  any  year,  exceed  fifteen  per  centum 
on  the  sum  actually  expended  by  the  said  company,  in  opening  the  said 
canal,  and  completing  the  same,  the  fifteen  per  centum  only  of  the  nett 
profits  shall  be  divided  among  the  stockholders,  and  the  excess  shall  be 
paid  to  the  mayor  and  city  council  of  the  city  of  Washington,  for  the 
use  of  the  said  city. 

Sec.  12.  And  be  it  fitrther  enacted.  That  for  and  in  consideration  of 
the  expenses  the  said  stockholders  shall  incur  in  cutting  the  canal,  erect- 
ing locks,  and  in  maintaining  and  keeping  the  same  in  repair,  and  in 
the  enlargement  and  improvement  of  the  same,  the  said  company  is 
hereby  authorized  to  collect  on  all  articles  and  materials  landed  on  each 
side  of  the  canal,  from  on  board  any  boat  or  scow,  or  placed  on  either 
side  of  the  said  canal,  for  the  purpose  of  being  taken  therefrom  by  any 
boat  or  scow,  according  to  such  rates  as  the  president  and  directors  may, 
from  time  to  time,  by  their  by-laws,  order  and  direct :  Provided,  that 
the  said  rates  shall,  at  no  time  hereafter,  and  in  no  particular,  exceed 
the  rates  which  are,  or  may  be  established  by  the  owners  of  wharves  in 
the  city  of  Washington.  And  it  shall  and  may  be  lawAil  for  the  said 
company  to  demand  and  receive,  at  the  most  convenient  place,  for  all 
articles  carried  through  the  said  canal,  tolls  not  exceeding  the  following 
rates,  that  is  to  say :  for  each  unloaded  boat  or  scow  twenty-five  cents ; 
for  each  barrel  of  flour  two  cents ;  for  each  barrel  of  beef  or  pork  two 
cents;  for  each  barrel  of  whiskey  or  brandy  three  cents;  for  each  hogs> 
head  or  pipe  six  cents;  and  upon  all  other  articlei,  packages  and  com- 


PiOTiao. 


When  tolb 
ihallberaeeiTa- 
ble. 


Prendentand 
diracton  to  be 


Sham  to  bo 
personal  pro- 

Eerty— made 
able  to  ex^ 
cations,  aa  inch. 


Annual  meet- 
ings to  be  held 
of  the  si 
den. 


istockhol- 


DiTidenda   to 
be  made. 


Proviso. 


ToUs. 


Proviso. 


TENTH  CONGRESS.    Sbsb.  U.  Ch.  18.    I809l 


Public  proper- 
ty free  of  toll. 

Limitation  of 
the  time  when 
the  canal  shall 
be  finished. 


Bridget  may 
be  erected  over 
the  canal. 

Proviso. 


Annual  state- 
ment of  the  re- 
ceipts and  ex- 
enditnres  to  be 

1  before  Con- 


pend 
laid  I 


StatdtbII. 

Feb.  17,  XW9. 
[Obsolete.] 


Specific    ap. 
propriations. 


moditieSy  one  sixth  part  of  the  amoant  of  tolls  allowed  by  law  to  be 
received  by  the  Potomac  Company,  at  the  Great  Falla  of  the  river  Potoo 
mac  And  the  said  company  shsill  also  have  the  exclusive  right  to 
establish  a  packet  boat  or  boats  upon  the  said  canal  for  carrying  passen- 
gers, and  no  other  packet  boat  or  boats,  but  such  as  are  established  or 
permitted  by  them,  shall  be  allowed  to  cany  passengers  through  the 
same  for  hire. 

Sec.  13.  Provided  aboojfs,  and  he  it  Jvrther  enacted.  That  all  pub- 
lic property  shall  pass  through  the  said  canal  free  of  toU,  and  also,  that 
in  case  the  said  canal  and  one  of  the  forks  thereof,  shall  not  be  com- 
pleted within  the  term  of  seven  years  from  the  passage  of  this  act,  in 
such  manner  as  to  admit  boats  and  scows  drawing  three  feet  water  to 
pass  through  the  same,  that  the  said  canal  shall  revert  to  the  United 
States,  and  all  right  and  authority  hereby  granted  to  the  said  company 
shall  cease  and  determine. 

Sec.  14.  And  he  it  Jvrther  enacted,  That  the  said  company  shall, 
from  time  to  time,  whenever  and  wherever  the  mayor  and  city  council 
shall  order  and  direct,  suffer  bridges  to  be  erected  across  the  canal,  and 
shall  suffer  the  same  when  erected  to  be  repured  :  Provided,  that  every 
bridge  so  erected,  shall  be  at  least  six  feet  above  high  water  mark. 

Sec.  15.  And  he  it  Jvrther  enacted.  That  the  president  and  directors 
of  said  compaay,  after  the  sud  canal  shall  be  opened  and  made  passable 
for  boats  and  scows  drawing  three  feet  water,  shall  annually,  in  the 
month  of  January,  lay  before  the  Congress  of  the  United  States,  a  just 
and  true  account  of  their  receipts  and  expenditures,  with  a  statement 
of  the  dear  profits  thereof. 

Approved,  February  16, 1809. 


Crap.  Xyin.— sin  .tfd  making  apprapriaiuma  for  the  mspport  <f  Chnemment 
during  the  year  one  tnouaand  eight  %undred  ana  nine* 

Be  it  enacted  hy  the  Senate  and  House  of  Represeniativei  of  the  United 
States  of  America  in  Congress  assemhled.  That  for  the  expenditure 
of  the  civil  list  in  the  present  year,  including  the  contingent  expenses 
of  the  several  departments  and  offices;  fur  the  compensation  of  the 
several  loan  officers  and  their  clerks,  and  for  t>ooks  and  stationery  for  the 
same ;  for  the  payment  of  annuities  and  grants ;  for  the  support  of  the 
mint  establishment;  for  the  expense  of  intercourse  with  foreign  nations; 
for  the  support  of  lighthouses,  beacons,  buoys,  and  public  piers ;  for  de- 
fraying the  expenses  of  surveying  the  public  lands,  and  for  satisfying 
certain  miscellaneous  claims;  the  following  sums  be,  and  the  same  hereby 
are  respectively  appropriated,  that  is  to  say : 

For  compensation  granted  by  law  to  the  members  of  the  Senate  and 
House  of  Representatives,  their  officers  and  attendants,  estimated  for  a 
session  of  four  months  and  a  half  continuance,  two  hundred  and  one 
thousand,  four  hundred  and  twenty-five  dollars. 

For  the  expense  of  firewood,  stationery,  printing,  and  all  other  con^ 
tingent  expenses  of  the  two  houses  of  Congress,  twenty-eight  thousand 
dollars. 

For  aU  contingent  expenses  of  the  library  of  Congress,  and  for  the 
librarian's  allowance  for  the  year  one  thousand  eight  hundred  and  nine, 
eiffht  hundred  dollars. 

Tor  compensation  to  the  President  and  Vice  President  of  the  United 
States,  thirty  thousand  dollars. 

For  compensation  to  the  Secretary  of  State,  clerks  and  persons  em- 
ployed in  that  department,  including  the  sum  of  one  thousand  dollars 
for  compensation  to  his  clerks,  in  addition  to  the  snm  dlowed  by  the 
act  of  the  twenty-first  day  of  April,  one  thousand  eight  hundred  and  six, 
thirteen  thousand  five  hundred  and  sixty  dollars. 


TENTH  CX)NGRESS.    Sess.  II.  Ch.  18.     1809.  621 

For  the  incidental  and  contingent  expenses  of  the  said  department,      gpMifio  ap- 
four  thousand  two  hundred  dollars.  propriatioBB. 

For  printing  and  distributing  the  laws  of  the  second  session  of  the 
tenth  Congress,  and  printing  the  laws  in  newspapers,  eight  thousand  two 
hundred  and  fifty  dollars. 

For  q>ecial  messengers  charged  with  dispatches,  two  thousand  doUars. 

For  compensation  to  the  Secretary  of  the  Treasury,  clerks  and  per- 
sons employed  in  his  office,  including  the  sum  of  one  thousand  dollars, 
for.  clerk  hire,  in  addition  to  the  sum  allowed  by  the  act  of  the  twenty- 
first  April,  one  thousand  eight  hundred  and  six,  sixteen  thousand  seven 
hundred  dollars. 

For  the  expense  of  translating  foreign  languages,  allowance  to  the 
person  employed  in  transmitting  passports  and  sea  letters,  and  for  star 
tionery  and  printing  in  the  office  of  the  Secretary  of  the  Treasury,  one 
thousand  dollars. 

For  compensation  to  the  comptroUer  of  the  treasury,  clerks  and  per- 
sons employed  in  his  office,  including  the  sum  of  one  thousand  six  hun- 
dred and  thirty-nine  dollars,  for  compensation  to  his  clerks,  in  addition 
to  the  sum  allowed  by  the  act  of  the  twenty-first  April,  one  thousand 
eight  hundred  and  six,  fourteen  thousand  six  hundred  and  sixteen 
ddlars. 

For  expense  of  stationery,  printing  and  incidental  ^d  contingent 
expenses  of  the  comptroUer's  office,  eight  hundred  dollars. 

For  compensation  to  the  auditor  of  the  treasury,  clerks  and  persons 
employed  in  his  office,  twelve  thousand  two  hundred  and  twenty-one 
dollars. 

For  expense  of  stationery,  printing,  and  incidental  and  contingent 
expenses  of  the  auditor's  office,  five  hundred  dollars. 

For  compensation  to  the  treasurer,  clerks  and  persons  employed  in 
his  office,  six  thousand  two  hundred  and  twenty-seven  dollars  and  forty- 
five  cents. 

For  expense  of  stationery,  printing,  and  incidental  and  contingent 
expenses  in  the  treasurer's  office,  three  hundred  dollars. 

For  compensation  to  the  register  of  the  treasury,  clerks  and  persons 
employed  in  his  office,  sixteen  thousand  and  fiAy-two  dollars  and  two 
cents. 

For  expense  of  stationery,  printing  and  all  other  incidental  and  con- 
tingent expenses  in  the  register's  office,  including  books  for  the  public 
stocks,  and  for  the  arrangement  of  the  marine  records,  two  thousand 
eight  hundred  dollars. 

For  fuel  and  other  contingent  and  incidental  expenses  of  the  treasury 
department,  four  thousand  dollars. 

For  defraying  the  expense  of  printing  and  stating  the  public  accounts 
for  the  year  one  thousand  eight  hundred  and  nine,  one  thousand  two 
hundred  dollars. 

For  the  purchase  of  books,  maps  and  charts,  for  the  use  of  the  trea- 
sury department,  four  hundred  dollars. 

For  compensation  to  a  superintendent  employed  to  secure  the  build- 
ings and  records  of  the  treasury  department,  during  the  year  one  thou- 
sand eight  hundred  and  nine,  including  the  expense  of  two  watchmen, 
the  repairs  of  two  fire  engines,  buckets,  lanterns,  and  other  incidental 
and  contingent  expenses,  one  thousand  one  hundred  dollars. 

For  compensation  to  the  secretary  of  the  commissioners  of  the  sink- 
ing fund,  two  hundred  and  fifty  dollars. 

For  compensation  to  the  Secretary  of  War,  clerks,  and  persons  em- 
ployed in  his  office,  eleven  thousand  two  hundred  and  fifty  dollars. 

For  expense  of  fuel,  stationery,  printing,  and  other  contingent  expenses 
of  the  office  of  the  Secretary  of  War,  one  thousand  dollars. 

For  compensation  to  the  accountant  of  the  war  department,  clerks, 
Vol.  II.— 66  2x2 


TENTH  CONGRESS.    Sbss.  II.  Ch.  18.    1809. 

8p«eibo  tp.  and  persons  employed  in  his  office,  ten  thousand  nine  hundred  and  ten 
propriationt.        dollars. 

For  contingent  expenses  in  the  c^ce  of  the  accountant  of  the  war 
department,  one  thousand  dollars. 

For  compensation  to  the  clerks  employed  in  the  payma^er's  office, 
two  thousand  eight  hundred  dollars. 

For  contingent  expenses  in  the  said  office,  two  hundred  dollars. 

For  compensation  to  the  purveyor  of  public  supplies,  clerks,  and  per- 
sons employed  in  his  office,  and  for  expense  of  stationery,  store  rent  and 
fuel  for  the  said  office,  including  the  sum  of  five  hundred  dollars  for 
compensation  to  clerks  in  addition  to  the  sum  allowed  by  the  act  of  the 
twenty-first  of  April,  one  tliousand  eight  hundred  and  six,  five  thousand 
one  hundred  dollars. 

For  compensation  to  the  Secretary  of  the  Navy,  clerks,  and  persons 
employed  in  his  office,  nine  thousand  eight  hundred  and  ten  dollars. 

For  expense  of  fuel,  stationery,  printing,  and  other  contingent  expenses 
in  the  said  office,  two  thousand  dollars. 

For  compensation  to  the  accountant  of  the  navy,  clerks  and  persons 
employed  in  his  office,  ten  thousand  four  hundred  and  ten  dollars. 

For  contingent  expenses  in  the  office  of  the  accountant  of  the  navy, 
seven  hundred  and  fifly  dollars. 

For  compensation  to  the  Postmaster-General,  assistant  Postmaster- 
1806,  eh.  41.  General,  clerks  and  persons  employed  in  the  Postmaster-General's  office, 
including  the  sum  of  one  thousand  five  hundred  and  forty-five  dollars, 
for  compensation  to  clerks  in  addition  to  the  sum  allowed  by  the  act  of 
the  twenty-first  of  April,  one  thousand  eight  hundred  and  six,  sixteen 
thousand  dollars. 

For  expense  of  fuel,  candles,  house  rent  for  the  messenger,  stationery, 
chests,  &c.  pertaining  to  the  Postmaster-General's  office,  two  thousand 
five  hundred  dollars. 

For  compensation  to  the  several  loan  officers,  thirteen  thousand  two 
hundred  and  fifly  dollars. 

For  compensation  to  the  clerks  of  the  several  commissioners  of  loans, 
and  for  allowances  to  certain  loan  officers,  in  lieu  of  clerk  hire,  and  to 
defray  the  authorized  expense  of  the  several  loan  offices,  fifteen  thou- 
sand dollars. 

For  compensation  to  the  surveyor-general  and  his  clerks,  three  thou- 
sand two  hundred  dollars. 

For  compensation  to  the  surveyor  of  the  lands  south  of  the  state  of 
Tennessee,  clerks  employed  in  his  office,  and  for  stationery,  and  other 
contingencies,  three  thousand  two  hundred  dollars. 

For  compensation  to  the  officers  of  the  mint : 

The  director,  two  thousand  dollars. 

The  treasurer,  twelve  hundred  dollars. 

The  assayer,  fifleen  hundred  dollars. 

The  chief  coiner,  fifteen  hundred  dollars. 

The  melter  and  refiner,  fifteen  hundred  dollars. 

The  engraver,  twelve  hundred  dollars. 

One  clerk,  at  seven  hundred  dollars. 

And  two  clerks,  at  five  hundred  dollars  each,  one  thousand  dollars. 

For  wages  to  the  persons  employed  in  the  different  branches  of  melt- 
ing, coining,  carpenter's,  millwright's  and  smith's  work,  including  the 
sum  of  one  thousand  dollars  per  annum,  allowed  to  an  assistant  coiner 
and  die  forger,  who  also  oversees  the  execution  of  the  iron-work,  and 
of  six  hundred  dollars  per  annum,  allowed  to  an  assistant  engraver,  eight 
thousand  five  hundred  dollars. 

For  repairs  of  furnaces,  cast-rollers  and  screws,  timber,  bar-iron,  lead, 
steel,  potash,  and  for  all  other  contingencies  of  the  mint,  three  thousand, 
two  hundred  dollars. 


TENTH  CONGRESS.    Sess.  11.  Cu.  18.     1809. 

Fdr  compensation  to  the  governor,  judges,  and  secretary  of  the  terri-        SpMlflo  tp. 
tory  of  Orleans,  thirteen  thousand  dollars.  piopruuoju. 

For  incidental  and  contingent  expenses  of  the  executive  officers  of 
the  said  territory,  two  thousand  eight  hundred  and  fifty  dollars. 

For  compensation  to  the  governor,  judges,  and  secretary  of  the  Mii^ 
sissippi  territory,  seven  thousand  eight  hundred  dollars. 

For  expense  of  stationery,  office  rent  and  other  contingent  expenses 
of  said  territory,  three  hundred  and  fifty  dollars. 

For  compensation  to  the  governor,  judges,  and  secretary  of  the  Indiana 
territory,  six  thousand  six  hundred  dollars. 

For  expense  of  stationery,  office  rent  and  other  contingent  expenses 
of  said  territory,  three  hundred  and  fifty  dollars. 

For  compensation  to  the  governor,  judges,  and  secretary  of  the  Mich- 
igan territory,  six  thousand  six  hundred  dollars. 

For  expense  of  stationery,  office  rent  and  other  contingent  expenses 
of  the  said  territory,  three  hundred  and  fifty  dollars. 

For  compensation  to  the  governor,  judges,  and  secretary  of  the  Loui- 
siana territory,  six  thousand  six  hundred  dollars. 

For  expense  of  stationery,  office  rent  and  other  contingent  expenses 
of  the  said  territory,  three  hundred  and  fifty  dollars. 

For  compensation  to  the  governor,  judges,  and  secretary  of  the  Illinois 
territory,  six  thousand  six  hundred  dollars. 

For  expense  of  stationery,  office  rent  and  other  contingent  expenses 
of  said  territory,  three  hundred  and  fifty  dollars. 

For  the  discharge  of  such  demands  against  the  United  States,  on 
account  of  the  civil  department,  not  otherwise  provided  for,  as  shall  have 
been  admitted  in  a  due  course  of  settlement  at  the  treasury,  two  thou- 
sand dollars. 

For  additional  compensation  to  the  clerks  in  the  several  departments  1806,  ck.  4i. 
of  state,  treasury,  war  and  navy,  and  of  the  general  post-office,  not  ex- 
ceeding for  each  department  respectively,  fifteen  per  centum,  in  addi- 
tion to  the  sums  allowed  by  the  act,  intituled  ''An  act  to  regulate  and 
fix  the  compensation  of  clerks,  and  to  authorize  the  laying  out  certain 
public  roads,  and  for  other  purposes,"  thirteen  thousand  two  hundred 
and  sixty-nine  dollars  and  thirty-three  cents. 

For  compensation  granted  by  law  to  the  chief  justice,  4he  associate 
judges  and  district  judges  of  the  United  States,  including  the  chief 
justice  and  two  associate  judges  for  the  district  of  Columbia,  to  the 
attorney-general,  and  to  the  district  judge  of  the  territory  of  Orleans, 
fifty-nine  thousand  four  hundred  dollars. 

For  ihe  like  compensation  granted  to  the  several  district  attornies  of 
the  United  States,  three  thousand  four  hundred  dollars. 

For  compensations  granted  to  the  marshals  for  the  districts  of  Maine, 
New  Hampshire,  Vermont,  New  Jersey,  North  Carolina,  Kentucky^ 
Ohio,  East  and  West  Tennessee,  and  Orleans,  including  the  compenssp 
tion  allowed  to  the  marshals  of  New  Jersey  and  North  Carolina,  for  the 
three  last  quarters  of  the  year  one  thousand  eight  hundred  and  eight,  by 
the  act  of  the  twenty-fifth  of  February,  one  thousand  eight  hundred  and 
eiffht,  two  thousand  six  hundred  and  fifty  dollars. 

For  defraying  the  expenses  of  the  supreme,  circuit  and  district  courts 
of  the  United  States,  including  the  district  of  Columbia,  and  of  jurors 
and  witnesses,  in  aid  of  the  funds  arising  from  fines,  forfeitures  and 
penalties,  and  for  defraying  the  expenses  of  prosecutions  for  offences 
against  the  United  States,  and  for  the  safe  keeping  of  prisoners,  forty 
thousand  dollars. 

For  the  payment  of  sundry  pensions  granted  by  the  late  government, 
nine  hundred  and  sixty  dollars. 

For  the  payment  of  the  annual  allowance  to  the  invalid  pensioners  of 
the  United  States,  from  the  fifth  of  March  one  thousand  eight  hundred 


524  TENTH  CONGRESS.    Sbss.  II.  Ch.  18.    1809. 

Speeilte  ap-  and  nine,  to  the  fourth  day  of  March,  one  thousand  eight  hundred  and 
piopiiAtioBf.        ten,  ninety-eight  thousand  dollars. 

For  the  maintenance  and  support  of  lighthouses,  beacons,  buoys,  and 
public  piers,  stakeages  of  channels,  bars  and  shoals,  and  certain  contin- 
gent expenses,  seventy-nine  thousand  and  thirty-nine  dollars  and  forty 
cents. 

For  erecting  two  lighthouses  on  Long  Island  sound,  one  on  Watcb- 
bill  point,  and  the  other  on  Sands  or  Watch  point,  the  following  sums, 
that  is  to  say :  the  sum  of  two  thousand  six  hundred  and  thirty-seven 
dollars  and  fifty  cents,  balance  of  a  former  appropriation  for  these  objects 
carried  to  the  "  surplus  fund,"  and  the  further  sum  of  ^ve  thousand  seven 
hundred  dollars,  in  addition  to  the  appropriations  heretofore  made  for 
the  same  objects. 

For  placing  buoys  and  beacons  on  or  near  the  shoals  and  rocks  in 
the  channel  leading  into  the  harbor  of  Salem,  in  the  state  of  Massachvh 
setts,  in  addition  to  the  sums  heretofore  appropriated  for  that  purpose, 
sixtv-seven  dollars  and  twenty-nine  cents. 

For  re-building  two  lighthouses  on  Plumb  island,  in  the  state  of  Mas- 
sachusetts, ten  thousand  dollars. 

For  defraying  the  expenses  of  surveying  the  public  land,  within  the 
several  territories  of  the  United  States,  eighteen  thousand  two  hundred 
and  forty  dollars. 

For  expenses  of  the  boards  formed  in  the  territories  of  Orleans  and 
Louisiana,  for  investigating  and  adjusting  titles  and  claims  to  land,  in 
addition  to  the  sum  heretofore  appropriated  for  that  object,  ten  thousand 
dollars. 

For  the  expense  of  taking  the  second  census  of  the  United  States, 
being  the  balance  of  a  former  appropriation  for  that  object,  and  carried 
to  the  surplus  fund,  thirteen  thousand  eight  hundred  and  ninety  dollars 
and  ninety-six  cents. 

For  the  expense  of  returning  the  votes  of  President  and  Vice  Presi- 
dent of  the  United  States,  for  the  term  commencing  on  the  fourth  day 
of  March,  one  thousand  eight  hundred  and  nine,  one  thousand  five  hun- 
dred and  ninety-three  dollars. 

For  expenses  of  intercourse  with  foreign  nations,  thirty-three  thou- 
sand and  fifty  dollars. 

For  the  contingent  expenses  of  intercourse  with  foreign  nations, 
seventy-five  thousand  dollars. 

For  the  expenses  of  intercourse  with  the  Barbary  powers,  fifty  thou- 
sand dollars. 

For  the  contingent  expenses  of  intercourse  with  the  Barbary  powers, 
fifty  thousand  dollars. 

For  the  relief  and  protection  of  distressed  American  seamen,  five 
thousand  dollars. 

For  the  expenses  of  prosecuting  claims  in  relation  to  captures,  six 
thousand  dollars. 

For  defraying  the  expenses  of  regulating,  laying  out,  and  making  a 
1806,  eh.  10.  road  from  Cumberland,  in  the  state  of  Maryland,  to  the  state  of  Ohio, 
agreeably  to  an  act  of  Congress,  passed  the  twenty-ninth  day  of  March, 
one  thousand  eight  hundred  and  six,  the  balance  of  a  former  appropria- 
tion made  by  the  aforesaid  act,  for  that  object,  having  been  carried  to 
the  surplus  fund,  sixteen  thousand  and  seventy-five  dollars  and  fifteen 
cents. 

For  defraying  the  expense  of  opening  a  road  from  the  frontier  of 
1806,  eh.  41.  Georgia,  on  the  route  from  Athens  to  New  Orleans,  till  the  same  inter- 
sects the  thirty-first  degree  of  North  latitude,  agreeably  to  an  act  of 
Congress,  passed  on  the  twenty-first  day  of  April,  one  thousand  eight 
hundred  and  six,  the  balance  of  a  former  appropriation  for  that  object 
having  been  carried  to  the  surplus  fund,  two  tnousand  four  hundred 


TENTH  CONGRESS.    Sess.  II.  Ch.  19.    1809. 


fiSiS 


dollars,  and  a  further  sum  of  five  thousand  dollars,  in  addition  to  the 
sums  heretofore  appropriated  for  that  object 

For  defraying  the  expense  of  opening  a  road  or  roads  through  the 
territory  lately  ceded  by  the  Indians  to  the  United  States,  from  the  Mis- 
sissippi to  the  Ohioi  and  to  the  former  Indian  boundary  line,  which  was 
establisbed  by  the  treaty  of  OreenviUe,  agreeably  to  the  last  above  recited 
act;  the  balance  of  a  former  appropriation  made  for  that  object  having 
been  carried  to  the  surplus  fund,  one  thousand  eight  hundred  dollars 
and  forty-eight  cents. 

For  defraying  the  expense  of  opening  a  road  from  Nashville,  in  the 
stote  of  Tennessee,  to  Natchez,  in  the  Mississippi  territory,  agreeably  to 
the  aforesaid  act  of  the  twenty-first  day  of  April,  one  thousand  eight 
hundred  and  six,  the  balance  of  a  former  appropriation  for  that  object 
having  been  carried  to  the  surplus  fund,  three  thousand  dollars. 

For  the  discharge  of  such  miscellaneous  daims  against  the  United 
States,  not  otherwise  provided  for,  as  shall  have  been  admitted,  in  due 
course  of  settlement,  at  the  treasury,  four  thousand  dollars. 

Sec.  2.  And  be  it  further  enacted,  That  the  several  appropriations 
herein  before  made,  roall  be  paid  and  discharged  out  of  the  fund  of  six 
hundred  thousand  dollars,  reserved  by  an  act  making  provision  for  the 
debt  of  the  United  States,  and  out  of  any  monies  in  the  treasury,  not 
otherwise  appropriated. 

Approved,  February  17, 1809. 


Specific   ap- 
propriationt. 


1806,  ch.  41. 


1790,  ch.  34. 


STATtm  II. 


Chap.  XIX. — Jin  Jkt  extending  the  right  of  n^fhtge  in  the  Indiana  territory 9 
and  for  other  purposea.  (a) 

Be  ii  enacted  hy  the  Senate  and  House  of  RmesentaHves  of  the  United 
States  of  America  in  Congress  assembled.  That  the  citizens  of  the 
Indiana  territory,  entitled  to  vote  for  representatives  to  the  general 
assembly  thereof,  shall,  at  the  time  of  electing  their  representatives  to 
the  said  general  assembly,  also  elect  one  delegate  from  the  said  territory 
to  the  Congress  of  the  United  States,  who  shdl  possess  the  same  powers 
heretofore  granted  to  the  delegates  from  the  several  territories  of  the 
United  States:  anything  in  the  ordinance  for  the  government  of  the 
said  territory  to  the  contrary  notwithstanding. 

Sec.  2.  And  he  it  further  enacted.  That  the  sheriffs  of  the  several 
counties  which  now  are,  or  may  hereafter  be  established  in  the  said  ter- 
ritory respectively,  shall,  within  forty  days  next  after  an  election  for  a 
delegate  to  Congress,  transmit  to  the  secretary  of  the  territory  a  certified 
copy  of  the  returns  from  the  several  townships  in  their  counties  respec- 
tively. And  it  shall  be  the  duty  of  tlie  governor,  for  the  time  being,  to 
give  to  the  person  having  the  greatest  number  of  votes,  a  certificate  of 
bis  election. 

Sec.  3.  And  he  it  further  enacted.  That  so  soon  as  the  governor  of 
the  said  territory  shall  divide  the  same  into  five  districts,  the  citizens 
thereof  entitled  to  vote  for  representatives  to  the  said  general  assembly, 
shall,  in  each  of  the  said  districts,  elect  one  member  of  the  legislative 
council,  who  shall  possess  the  same  powers  heretofore  granted  to  the 
legislative  council  in  the  said  territory,  and  shall  hold  their  offices  four 
years,  and  no  longer ;  any  thing  in  the  ordinance  for  the  government  of 
the  said  territory  to  the  contrary  notwithstanding. 

Sec.  4.  And  he  it  further  enacted.  That  the  general  assembly  of  the 
said  territory  shall  have  power  to  apportion  the  representatives  of  the 
several  counties  therein,  or  which  may  hereafter  be  established  therein, 
according  to  the  number  of  free  white  male  inhabitants,  above  the  age 
of  twenty-one  years,  in  such  counties :  Provided,  that  there  be  not  more 


Feb.  27, 1800. 


DelegitM  to 
Cpngresi,  by 
whom  to   be 
elected,    mod 
when. 


1809,  eh.  13. 


Retumaofthe 
election,  bow  to 
be  made. 


^  Representa- 
tivea  to  the  le- 
gialative    coon- 
cil,  how  to  be 
choaen. 


General  aa- 
aembly  to  ap- 
portion the  re- 
preaentativea. 

ProTiao. 


(tf)  See  notea  to  act  of  February  8, 1809,  chap.  13. 


526 


TENTH  CONGRESS.    Sess.  II.  Ch  20, 22.    1809. 


Statute  U. 
Feb.  28, 1809. 


than  twelve,  nor  leas  than  nine,  of  the  whole  number  of  representatives; 
any  act  or  acts  to  the  contrary  notwithstanding,  until  there  shall  be  six 
thousand  free  male  white  inhabitants,  above  the  age  of  twenty-one  years, 
in  said  territory;  after  which  time  the  number  of  representatives  shall 
be  regulated  agreeably  to  the  ordinance  for  the  government  thereof 
Approved,  February  27,  1809. 


Chap. 


XX.«-sin  jSlet  freeing  from  postage  all  letters  and  packets  to  Thomas 
J^erson* 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  all  letters  and  packets  to 
Thomas  Jefferson,  now  President  of  the  United  States,  after  the  expira- 
tion of  his  term  of  office  and  during  his  life,  shall  be  carried  by  the 
mail,  free  of  postage. 

Approved,  February  28, 1809. 


Statute  II. 


Act  or  March 
3, 1803,  ch.  27. 

Act  of  March 
37, 1804,  ch.  61. 

Act  of  March 
2, 1806,  ch.  24. 

Act  of  Jan. 
19, 1808,  ch.  10. 
Act  of  April  27, 
1816,  ch.  123. 

Spanish  grants, 
how  to  he  esta- 
blished. 


Feb.  28, 1809.  Chap.  XXll.—Jn  act  for  the  disposal  if  certain  tracts  if  land  in  the  Miseis- 
eippi  territory  J  claimed  under  S^nish  grants^  rmrted  by  the  land  eommis" 
sioners  as  antedated,  and  to  confirm  the  claims  ijf  Abraham  Elks  and  Daniel 
Harregal, 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  several  tracts  of  land, 
in  the  Mississippi  territory,  the  titles  to  which  have  been  derived  under 
Spanish  claims  and  whicb  have  been  disallowed  by  the  boards  of  com- 
missioners east  and  west  of  Pearl  river,  on  suspicion  of  the  grants, 
warrants  or  orders  of  survey,  on  which  the  claims  are  grounded,  being 
antedated  or  otherwise  fraudulent,  and  which  are  embraced  in  the  report 
of  the  said  boards  of  commissioners,  laid  before  Congress,  agreeable  to 
the  third  section  of  an  act,  intituled,  **  An  act  supplementary  to  the  act 
intituled  An  act  regulating  the  grants  of  land,  and  providing  for  the  dis- 
posal of  the  lands  of  the  United  States,  south  of  tlie  state  of  Tennes- 
see," shall  be,  and  the  same  are  hereby  directed  to  be  sold,  in  the  same 
manner,  at  the  same  price,  and  on  the  same  terms  and  conditions,  as 
have  been,  or  may  be  by  law  provided  for  the  sale  of  the  other  public 
lands  in  the  said  territory ;  and  any  person  or  persons  claiming  under  a 
Spanish  grant,  warrant  or  order  of  survey  as  aforesaid,  shall  be  entitled 
to  institute,  in  the  highest  court  of  law  or  equity  in  the  said  territory,  his 
or  their  suit  or  action  for  the  recovery  of  the  tract  or  tracts  so  claimed 
as  aforesaid :  Provided,  such  claimant  or  claimants  shall  institute  his 
or  their  suit  or  action  within  the  term  of  one  year  from  and  after  the 
tract  or  tracts  so  claimed  shall  have  been  sold  by  the  United  States,  or 
in  case  the  same  is  now  inhabited  and  cultivated,  in  virtue  of  a  pre-emp- 
tion right,  within  one  year  from  and  after  the  passing  of  this  act ;  and 
if  any  person  or  persons,  claiming  lands  as  aforesaid,  shall  fail  or  neglect 
to  commence  or  institute  his  or  their  suit  or  action,  in  the  manner  and 
within  the  time  prescribed  by  this  section,  or  shall  be  non-suit  or  dis- 
continue the  same,  his  or  their  right  to  commence  such  suit  or  action, 
in  any  court  whatsoever,  shall  be  forever  barred  and  foreclosed. 

Sec.  2.  And  be  it  further  enacted,  That  if  the  person  or  persons 
claiming  under  such  grant,  warrant  or  order  of  survey,  shall  make  it 
appear  to  the  satisfaction  of  the  court,  before  whom  such  suit  or  action 
shall  be  pending,  that  the  tract  of  land  therein  specified,  was  actually 
surveyed  prior  to  the  twenty-seventh  day  of  October,  one  thousand  seven 
hundred  and  ninety-five,  then,  and  in  that  case,  the  same  shall  be  deemed 
and  held  to  be  good  and  valid,  to  all  intents  and  purposes,  any  thing  in 
this  act  to  the  contrary  notwithstanding :  But  in  case  the  claimant  or 
claimants  shdl  fail  to  prove  the  tract  or  tracts  of  land  so  claimed,  to 


Proviso. 


Grants  io  be 
▼alid,  most  have 
been  sorreyed 
before  the  27th 
October,  1796. 


TENTH  CONGRESS.     Sess.  II.  Ch.  23.     1809. 


527 


have  been  actaally  surveyed  prior  to  the  twenty-eeventh  day  of  October, 
one  thousand  seven  hundred  and  ninety-five,  or  in  case  the  same  shall 
appear  to  be  otherwise  fraudulent  or  illegal,  the  grant,  warrant  or  order 
of  survey,  granted  by  the  Spanish  government,  as  aforesaid,  by  virtue 
of  which  such  tract  or  tracts  of  land  may  be  claimed,  shall  be,  and  the 
same  is  hereby  declared  null  and  void,  to  all  intents  and  purposes,  and 
shall  not  be  read  in  evidence  against  any  claim  or  certificate  of  pre- 
emption, derived  from  the  United  States. 

Sec.  3.  And  be  it  fitrther  enacted,  That  it  shall  be  lawful,  in  the  trial 
of  such  suit  or  action,  for  either  party  to  introduce  parole  evidence  for 
the  purpose  of  supporting  or  invalidating  the  grant,  warrant  or  order  of 
survey  as  aforesaid;  and  the  judgment,  sentence  or  decree  of  the  said 
highest  court  of  law  or  equity,  in  the  cases  aforesaid,  shall  be  final  and 
conclusive  between  the  parties,  and  may  be  plead  in  bar  to  any  subse- 
quent suit  or  action  brought  in  the  same  or  any  other  court,  for  the 
recovery  of  the  same  land  or  any  part  thereof. 

Sec.  4.  And  be  it  further  enacted,  That  Abraham  Ellis  be,  and  he 
is  hereby  confirmed  in  a  tract  of  land  granted  by  the  British  government 
of  West  Florida  to  Stephen  Jordan,  containing  the  quantity  of  two 
hundred  acres,  lying  and  being  on  the  waters  of  Boyd's  creek,  according 
to  the  metes  and  bounds  of  said  tract  of  land  set  forth  in  the  plat 
thereof  made  by  the  surveyor-general  of  said  province  of  West  Florida; 
and  that  the  amount  of  money  which  the  said  Ellis  may  have  been  com- 
pelled to  pay  to  the  receiver  of  public  monies  west  of  Pearl  river,  in  the 
Mississippi  territory,  for  said  tract  of  land,  be  refunded  to  him  by  the 
receiver  aforesaid. 

Sec.  5.  And  be  it  further  enacted,  That  Daniel  Harregal  be  and  he 
is  hereby  confirmed  in  his  title  in  fee  simple  to  the  tract  of  land  whereon 
he  resides,  containing  the  quantity  of  five  hundred  and  fifty  acres,  agree- 
ably to  a  plat  thereof  filed  with  the  register  of  the  land-office,  west  of 
Pearl  river,  in  the  Mississippi  territory. 

Approved,  February  28,  1809. 


Parole  evi- 
dence  lawful  for 
aapporting  or 
inTalidating 
grants. 


Abraham  EUit 
confirmed  in  hie 
title  to  a  tract 
of  land. 


Chap.  XXIIL— ^n  Act  for  the  reUrf  cf  certain  JUbama  and  WyandaU 

Indiant, 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  President  of  the 
United  States  be,  and  he  is  hereby  authorized  to  cause  to  be  surveyed 
and  designated  by  proper  metes  and  bounds,  a  tract  of  land,  not  exceed- 
ing two  thousand  ^ye  hundred  acres,  out  of  any  lands  of  the  United 
States,  lying  in  the  territory  of  Orleans,  and  west  of  the  river  Missis- 
sippi, and  by  lease  vest  the  said  tract  of  land  in  a  certain  tribe  of  Ali- 
bama  Indians  and  their  descendants,  for  the  term  of  fifly  years :  PrO" 
vided  nevertheless,  that  it  shall  not  be  lawful  for  the  said  tribe  of  Indians 
to  transfer  or  assign  their  interest  in  the  said  land,  and  every  such  trans- 
fer, or  assignment,  shall  be  null  and  void :  And  provided  also,  that  if 
the  said  tribe  of  Indians  shall  remove  from  the  said  tract  of  land,  their 
interest  in,  and  to,  the  same  shall  thenceforth  cease  and  determine. 

Sec.  2.  And  be  it  further  enacted.  That  there  shall  be  designated, 
under  the  direction  of  the  Secretary  of  the  Treasury,  two  tracts  of  land 
in  the  Michigan  territory,  one  including  the  village  called  Brown's  town, 
and  the  other  the  village  called  Maguaga  in  the  possession  of  the  Wyan- 
dott  tribe  of  Indians,  containing  in  the  whole  not  more  than  five  thou- 
sand acres;  which  two  tracts  of  land  shall  be  reserved  for  the  use  of  the 
said  Wyandotts,  and  their  descendants,  and  be  secured  to  them  in  the 
same  manner,  and  on  the  same  terms  and  conditions  as  is  provided  in 
relation  to  the  Alibama  Indians,  by  the  first  section  of  this  act 

Appeoyeo,  February  28,  1809. 


DfnielHarre- 
gal  alto  con- 
firmed in  hie 
title. 


Statutx  n. 
Feb.  28,  1809. 


President  to 
caaae  a  tract  of 
land  in  the  Or- 
leant  territory 
to  be  laid  oflT  for 
the  Alibama  In- 
diana. 


Proviso. 


ProTiso. 


Secretary  of 
the  Treasury  to 
cause  two  tracts 
ofland  in  Mich- 
igan to  be  laid 
off  for  the  Wy- 
andotts. 


TENTH  CONGRESS.    Sess.  II.  Cu.  24.     1809. 


Statutb  n. 
March  1,  1800. 

[Expired.] 
Act  of  June 
28, 1809,  ch.  9. 
Entrance  of 
the  ports  and 
harbors  of  the 
U.  Sutes  for. 
bidden  to  the 
pablie  TOMels 
of  England  and 
France,  after 
March  1,  1809. 


President  may 
caase  eTentnid 
measures  to  be 
taken  by  the  na- 
val  forces  and 
militia. 

Intercourse 
with  such  Tes. 
sels   forbidden, 
or    to     supply 
them  with    ne* 


Penalties, 
from   100  t6 
10,000  dollars. 


Chap.  XXIV. — Jin  Act  to  interdict  the  eommercial  iniereour$e  between  the  United 
Slates  and  Great  Britain  and  France^  and  their  dependencies  t  and  for  other 
purp08es.(d) 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled^,  That  from  and  aAer  the  pa«- 
sing  of  this  act,  the  entrance  of  the  harbors  and  waters  of  the  United 
States  and  of  the  territories  thereof,  be,  and  the  same  is  hereby  inter- 
dicted to  all  public  ships  and  vessels  belonging  to  Great  Britain  or 
France,  excepting  vessels  only  which  may  be  forced  in  by  distress,  or 
which  are  charg^  with  despatches  or  business  from  the  government  to 
which  they  belong,  and  also  packets  having  no  cargo  nor  merchan- 
dise on  board.  And  if  any  public  ship  or  vessel  as  aforesaid,  not  being 
included  in  the  exception  above  mentioned,  shall  enter  any  harbor  or 
waters  within 'the  jurisdiction  of  the  United  States,  or  of  the  territories 
thereof,  it  shall  be  lawful  for  the  President  of  the  United  States,  or  such 
other  person  as  he  shall  have  empowered  for  that  purpose,  to  employ 
such  part  of  the  land  and  naval  forces,  or  of  the  mUitia  of  the  United 
States,  or  the  territories  thereof,  as  he  diall  deem  necessary,  to  compel 
such  ship  or  vessel  to  depart. 

Sec.  2.  And  be  it  further  enacted^  That  it  shall  not  be  lawful  for  any 
citizen  or  citizens  of  the  United  States  or  the  territories  thereof,  nor 
for  any  person  or  persons  residing  or  being  in  the  same,  to  have  any 
intercourse  with,  or  to  afford  any  aid  or  supplies  to  any  public  ship  or 
vessel  as  aforesaid,  which  shall,  contrary  to  the  provisions  of  this  act, 
have  entered  any  harbor  or  waters  within  the  jurisdiction  of  the  United 
States  or  the  territories  thereof;  and  if  any  person  shall,  contrary  to  the 
provisions  of  this  act,  have  any  intercourse  with  such  i^ip  or  vessel,  or 
shall  afford  any  aid  to  such  ship  or  vessel,  either  in  repairing  the  said 
vessel  or  in  furnishing  her,  her  officers  or  crew  with  supplies  of  any 
kind  or  in  any  manner  whatever,  or  if  any  pilot  or  other  person  shall 
assist  in  navigating  or  piloting  such  ship  or  vessel,  unless  it  be  for  the 
purpose  of  carrying  her  beyond  the  limits  and  jurisdiction  of  the  United 
States,  every  person  so  offending,  shall  forfeit  and  pay  a  sum  not  less 
than  one  hundred  dollars,  nor  exceeding  ten  thousand  dollars;  and  shall 

(a)  Cases  decided  on  the  non-intercourse  laws:— 

Upon  an  indictment  under  the  non -intercourse  laws,  (or  pnttine  goods  on  board  a  carriage,  with  intent 
to  transport  them  out  of  the  United  States,  contrary  tojthe  act  of  January  9, 1809,  the  punishment  of  which 
offence  is  a  fine  of  four  times  the  Tslue  of  the  goods,  it  is  not  necessary  that  the  jury  should  find  the 
value  of  the  goods.    United  States  v.  John  Tyler,  7  Cranch,  285 ;  2  Cond.  Rep.  492. 

Under  the  non -intercourse  law,  a  vessel  in  March,  1811,  had  no  riffht  to  come  into  the  waters  of  the 
United  States,  to  inquire  whether  she  might  land  her  cargo.  The  Bng  Penobscot  v.  The  United  States, 
7  Cranch,  356;  2  Cond.  Ren.  528. 

Wines,  the  produce  of  France,  imported  into  the  United  States  before  the  non-intercouse  act;  re- 
exported to  a  Danish  island,  and  there  sold  to  a  merchant  of  that  place ;  and  thence  exported  to  New 
Orleans,  during  the  operation  of  the  non-intercourse  law,  were  liable  to  forfeiture  under  that  law.  The 
schooner  Hoppet  v.  The  United  Sutes,  7  Cranch,  389 ;  2  Cond.  Rep.  642. 

The  non-intercourse  act  of  March  1,  1809,  was  in  force  between  the  2d  of  February  and  the  2d  of 
March,  1811,  by  virtue  of  l3ie  President's  proclamation  of  November  2,  1810.  The  schooner  Anne  v. 
The  United  States,  7  Cranch,  570. 

The  non-intercourse  act  of  28th  June,  1809,  which  requires  a  vessel  bound  to  a  permitted  port,  to  give 
bond  in  double  the  amount  of  vessel  and  cargo,  not  to  go  to  a  prohibited  port,  is  applicable  to  a  vMsel 
sailinff  in  ballast.    The  ship  Richmond  v.  The  United  Sutes,  9  Cranch,  102 ;  3  Cond.  Rep.  294. 

Under  the  non-intercourse  act  of  1809,  a  vessel  from  Great  Britain  had  a  riffht  to  lay  off  the  coast  of 
the  United  States,  to  receive  instructions  from  her  owners  in  New  York ;  and  if  necessary,  to  drop  an- 
chor ;  and  in  case  of  a  storm  to  make  a  harbor ;  and  if  prevented  by  a  mutiny  of  her  crew  from  putting 
to  sea  again,  she  might  wait  in  the  waters  of  the  United  States  for  orders.  The  cargo  of  the  ship  Fanny, 
9  Cranch,  181 ;  3  Cond.  Rep.  347. 

Under  the  3d  section  of  the  act  of  28th  June,  1809,  everv  vessel  bound  to  a  foreign  permitted  port, 
was  obliged  to  giro  a  bond,  with  a  condition  not  to  proceed  to  any  port  with  which  commercial  inter- 
course  was  not  permitted,  nor  to  trade  with  such  port.  The  Edward,  Scott  claimant,  1  Wheat.  261 ;  8 
Cond.  Rep.  565. 

The  obvious  intention  of  the  legislature  of  the  United  States,  by  the  non-intercourse  laws,  was  to  pro- 
hibit  the  American  citixens  and  property  from  a  commerce  with  foreign  nations.  The  Sally  and  cargo.  I 
Gallia.  C.  C.  R.  58. 

At  no  time  was  it  illegal  for  a  foreign  vessel  to  depart  from  the  United  States  in  ballast.    Mi* 


TENTH  CONGRESS.    Sbss.  II.  Ch.  24.    1809. 


629 


also  be  imprisoned  for  a  terra  not  less  than  one  month,  nor  more  than 
one  year. 

Sec.  3.  And  be  it  further  enacted^  That  from  and  afler  the  twentieth 
day  of  May  next,  the  entrance  of  the  harbors  and  waters  of  the  United 
States  and  the  territories  thereof  be,  and  the  same  is  hereby  interdicted 
to  all  ships  or  vessels  sailing  under  the  flag  of  Great  Britain  or  France, 
or  owned  in  whole  or  in  part  by  any  citizen  or  subject  of  either ;  vessels 
hired,  chartered  oc  employed  by  the  government  of  either  country,  for 
the  sde  purpose  of  carrying  letters  or  despatches,  and  also  vessels  forced 
in  by  distress  or  by  the  dangers  of  the  sea,  only  excepted.  And  if  any 
ship  or  vessiel  sailing  under  the  flag  of  Great  Britain  or  France,  or 
owned  in  whole  or  in  part  by  any  citizen  or  subject  of  either,  and  not 
excepted  as  aforesaid,  shall  after  the  said  twentieth  day  of  May  next, 
arrive  either  with  or  without  a  cargo,  within  the  limits  of  the  United 
States  or  of  the  territories  thereof,  such  ship  or  vessel,  together  with  the 
cargo,  if  any,  which  may  be  found  on  board,  shall  be  forreited,  and  may 
be  seized  and  condemned  in  any  court  of  the  United  States  or  the  terri- 
tories thereof,  having  competent  jurisdiction,  and  all  and  every  act  and 
acts  heretofore  passed,  which  shall  be  within  the  purview  of  this  act, 
shall  be,  and  the  same  are  hereby  repealed. 

Sec.  4.  And  be  it  further  enacted.  That  from  and  after  the  twentieth 
day  of  May  next,  it  shall  not  be  lawful  to  import  into  the  United  States 
or  the  territories  thereof,  any  goods,  wares  or  merchandise  whatever, 
firom  any  port  or  place  situated  m  Great  Britain  or  Ireland,  or  in  any  of 
the  colonies  or  dependencies  of  Great  Britain,  nor  from  any  port  or 
place  situated  in  France,  or  in  any  of  her  colonies  or  dependencies,  nor 
from  any  port  or  place  in  the  actual  possession  of  either  Great  Britain 
or  France.  Nor  shaU  it  be  lawful  to  import  into  the  United  States,  or 
the  territories  thereof,  from  any  foreign  port  or  place  whatever,  any 
goods,  wares  or  merchandise  whatever,  being  of  the  growth,  produce  or 
manufacture  of  France,  or  of  any  of  her  colonies  or  dependencies,  or 
being  of  the  growth,  produce  or  manufacture  of  Great  Britain  or  Ireland, 
or  of  any  of  the  colonies  or  dependencies  of  Great  Britain,  or  being  of 
the  growth,  produce  or  manufacture  of  any  place  or  country  in  the 
actnal  possession  of  either  France  or  Great  Britain:  Provided,  that 
nothing  herein  contained  shall  be  construed  to  affiect  the  cargoes  of 
ships  or  vessels  wholly  owned  by  a  citizen  or  citizens  of  the  United 
States,  which  had  cleared  for  any  port  beyond  the  Gape  of  Good  Hope, 
prior  to  the  twenty-second  day  of  December,  one  thousand  eight  hun- 
dred and  seven,  or  which  had  departed  for  such  port  by  permission  of 
the  President,  under  the  acta  supplementary  to  the  act  laying  an  embargo 
on  all  ships  and  vessels  in  the  porta  and  harbors  of  the  United  States. 

Sec.  5.  And  be  it  further  enacted,  That  whenever  any  article  or  arti- 
cles, the  importation  of  which  is  prohibited  by  this  act,  shall,  after  the 
twentieth  of  May,  be  imported  into  the  United  States,  or  the  territories 
thereof,  contrary  to  the  true  intent  and  meaning  of  this  act,  or  shall, 
after  the  said  twentieth  of  May,  be  put  on  board  of  any  ship  or  vessel, 
boat,  raft  or  carriage,  with  intention  of  importing  the  same  into  the 
United  States,  or  the  territories  thereof,  all  such  articles,  as  well  as  all 
other  articles  on  board  the  same  ship  or  vessel,  boat,  raft  or  carriage, 
belonging  to  the  owner  of  such  prohibited  articles,  shall  be  forfeited ; 
and  the  owner  thereof  shall  moreover  forfeit  and  pay  treble  the  value 
of  such  articles. 

Sec.  6.  And  be  it  further  enacted.  That  if  any  article  or  articles,  the 
importation  of  which  is  prohibited  by  this  act,  shall,  after  the  twentieth 
of  May,  be  put  on  board  of  any  ship  or  vessel,  boat,  raft  or  carriage, 
with  intention  to  import  the  same  into  the  United  States,  or  the  territo- 
ries thereof,  contrai^  to  the  true  intent  and  meaning  of  this  act,  and 
with  the  knowledge  of  the  owner  or  roaster  of  snch  ship  or  vessel,  boat, 

Vol.  n.— 67  2  Y 


After  the  20Ui 
Mav,  all  veMeli 
Boder  the  flag 
of  Great  Britaia 
or  Franee  inter- 
dicted. 


Any 
under  the  flag 
of  Great  Britain 
or  France  ihail 
be  forfeited,  and 
if  with  a  cargo, 
the  tame  to  be 
forfeited. 


ImportatioB 
of  goods,  3ec. 
3ec.  from  Eng- 
land and 
France  and  their 
dependeneiea 
forbidden. 


Vesaeli  ex- 
cepted which 
cleared  for  any 
port  beyond  the 
Cape    of  Grood 
Hope    prior   to 
December  S3, 
1807. 


Forfeitnre  of 
prohibited  arti- 
cles, frc.  Ifce. 


With  treble 
damages. 

Articles  pro- 
hibited to  be  for- 
feited  if  put  into 
Tesaelf ,  kc.  Im. 
destined  for  the 
U.  SUtes  after 
SOth  May,  1809. 


530 


TENTH  CONGRESS.    Sess.  II.  Ch.  24.     1809. 


Treble  the 
Taloe  of  arti- 
cles. 

Prohibited  ar- 
tides  not  con- 
tained  in  mani- 
fest,  or  included 
in  entrv  to  be 
forfeited  arriv- 
ing after  20Ui 
Maj,  1809. 


Powers  of  the 
collector,  Ifcc. 
Ice.  with  respect 
to  seisures. 


Persons  con- 
cealing goods 
liable  to  torfei- 
tare. 


Additions  to 
the  oaths  on  im- 
portation. 


Oaths  and  af- 
iirmations  to  be 
taken  by  impor- 
ters, &c. 

Form  of  oath 
or  affirmation. 


President  may 
cause  by  proda- 
mation  a  renew- 
al of  inter- 
course. 


raft  or  carriage,  such  ship  or  vessel,  boat,  raft  or  carriage  shall  be  for- 
feited, and  the  owner  and  master  thereof  shall  moreover  each  forfeit 
and  pay  treble  the  value  of  such  articles. 

Sec.  7.  And  be  it  further  enacted.  That  if  any  article  or  articles,  the 
importation  of  which  is  prohibited  by  this  act,  and  which  shall  never- 
theless be  on  board  of  any  ship  or  vessel,  boat,  raft  or  carriage,  arriving 
after  the  said  twentieth  of  May  next,  in  the  United  States,  or  the  terri- 
tories thereof,  shall  be  omitted  in  the  manifest,  report  or  entry  of  the 
master,  or  the  person  having  the  charge  or  command  of  such  ship  or 
vessel,  boat,  raft  or  carriage,  or  shall  be  omitted  in  the  entry  of  the 
goods  owned  by  the  owner  or  consigned  to  the  consignee  of  such  arti- 
cles, or  shall  be  imported,  or  landed,  or  attempted  to  be  imported  or  landed 
without  a  permit,  the  same  penalties,  fines,  and  forfeitures,  shall  be  in- 
curred, and  may  be  recovered,  as  in  the  case  of  similar  omission  or 
omissions,  landing,  importation,  or  attempt  to  land  or  import  in  relation 
to  articles  liable  to  duties  on  their  importation  into  the  United  States. 

Sec.  8.  And  he  it  further  enacted,  That  every  collector,  naval  officer, 
surveyor,  or  other  oHTicer  of  the  customs,  shall  have  the  like  power  and 
authority  to  seize  goods,  wares  and  merchandise  imported  contrary  to 
the  intent  and  meaning  of  this  act,  to  keep  the  same  in  custody  until  it 
shall  have  been  ascertained  whether  the  same  have  been  forfeited  or  not, 
and  to  enter  any  ship  or  vessel,  dwelling-house,  store,  building  or  other 
place,  for  the  purpose  of  searching  for  and  seizing  any  such  goods, 
wares  and  merchandise  which  he  or  they  now  have  by  law  in  relation  to 
goods,  wares  and  merchandise  subject  to  duty;  and  if  any  person  or  per- 
sons shall  conceal  or  buy  any  goods,  wares  or  merchandise,  knowing  them 
to  be  liable  to  seizure  by  this  act,  such  person  or  persons  shall,  on  convic- 
tion thereof,  forfeit  and  pay  a  sum  double  the  amount  or  value  of  the 
goods,  wares  and  merchandise  so  concealed  or  purchased. 

Sec.  9.  And  he  it  further  enacted,  That  the  following  additions  shall 
be  made  to  the  oath  or  affirmation  taken  by  the  masters  or  persons 
having  the  charge  or  conlmand  of  any  ship  or  vessel  arriving  at  any  port 
of  the  United  States,  or  the  territories  thereof,  after  the  twentieth  of 
May,  viz:  "I  further  swear  (or  affirm^  that  there  are  not,  to  the  best  of 
my  knowledge  and  belief,  on  board,  (insert  the  denomination  and  name 
of  the  vessel)  any  goods,  wares  or  merchandise,  the  importation  of  which 
into  the  United  States,  or  the  territories  thereof,  is  prohibited  by  law : 
and  I  do  further  swear  (or  affirm)  that  if  I  shall  hereafter  discover  or 
know  of  any  such  goods,  wares  or  merchandise,  on  board  the  said  vessel, 
or  which  shall  have  been  imported  in  the  same,  I  will  immediately,  and 
without  delay,  make  due  report  thereof  to  the  collector  of  the  port  of 
this  district." 

Sec.  10.  And  he  it  further  enacted,  That  the  following  addition  be 
made,  after  the  twentieth  of  May,  to  the  oath  or  affirmation  taken  by 
importers,  consignees,  or  agents,  at  the  time  of  entering  goods  imported 
into  thq  United  States,  or  the  territories  thereof,  viz.  "  I  also  swear,  (or 
affirm)  that  there  are  not,  to  the  best  of  my  knowledge  and  belief, 
amongst  the  said  goods,  wares  and  merchandise,  imported  or  consigned 
as  aforesaid,  any  goods,  wares  or  merchandise,  the  importation  of  which 
into  the  United  States,  or  the  territories  thereof,  is  prohibited  bylaw; 
and  I  do  further  swear  (or  affirm)  that  if  I  shall  hereafter  discover  or 
know  of  any  such  goods,  wares  or  merchandise,  amongst  the  said  goods, 
wares  and  merchandise,  imported  or  consigned  as  aforesaid,  I  will  imme- 
diately and  without  delay  report  the  same  to  the  collector  of  this  district." 

Sec  11.  And  be  it  furtlur  enacted.  That  the  President  of  the  United 
States  be,  and  he  hereby  is  authorized,  in  case  either  France  or  Great 
Britain  shall  so  revoke  or  modify  her  edicts,  as  that  they  shall  cease  to 
violate  the  neutral  commerce  of  the  United  States,  to  declare  the  same 
by  proclamation;  after  which  the  trade  of  the  United  States,  suspeaded 


TENTH  CONGRESS.    Sess.  II.  Ch.  24.    1809. 


631 


by  this  act,  and  by  the  act  laying  an  embargo  on  all  ships  and  vessels  in 
the  ports  and  harbors  of  the  United  States,  and  the  several  acts  supple- 
mentary thereto,  may  be  renewed  with  the  nation  so  doing:  Provided, 
that  all  penalties  and  forfeitures  which  shall  have  been  previously  in- 
curred, by  virtue  of  this  or  of  any  other  act,  the  operation  of  which 
shall  so  cease  and  determine,  shall  be  recovered  and  distributed,  in  like 
manner  as  if  the  same  had  continued  in  full  force  and  virtue:  and  ves- 
sels bound  thereafler  to  any  foreign  port  or  place,  with  which  commer- 
cial intercourse  shall  by  virtue  of  this  section  be  again  permitted,  shall 
give  bond  to  the  United  States,  with  approved  security,  in  double  the 
value  of  the  vessel  and  cargo,  that  they  shall  not  proceed  to  any  foreign 
port,  nor  trade  with  any  country  other  than  those  with  which  commer- 
cial intercourse  shall  have  been  or  may  be  permitted  by  this  act. 

Sec.  12.  And  be  it  further  enacted,  That  so  much  of  the  act  laying 
an  embargo  on  all  ships  and  vessels  in  the  ports  and  harbors  of  the 
United  States,  and  of  the  several  acts  supplementary  thereto,  as  forbids 
the  departure  of  vessels  owned  by  citizens  of  the  United  States,  and 
the  exportation  of  domestic  and  foreign  merchandise  to  any  foreign  port 
or  place,  be,  and  the  same  is  hereby  repealed,  after  the  fifteenth  day  of 
March,  one  thousand  eight  hundred  and  nine,  except  so  far  as  they 
relate  to  Great  Britain  or  France,  or  their  colonies  or  dependencies,  or 
places  in  the  actual  possession  of  either:  Provided,  thai  all  penalties 
and  forfeitures  which  shall  have  been  previously  incurred  by  virtue  of  so 
much  of  the  said  acts  as  is  repealed  by  this  act,  or  which  have  been  or 
may  hereaAer  be  incurred  by  virtue  of  the  said  acts,  on  account  of  any 
infraction  of  so  much  of  the  said  acts  as  is  not  repealed  by  this  act, 
shall  be  recovered  and  distributed  in  like  manner  as  if  the  said  acts  had 
continued  in  full  force  and  virtue. 

Sec.  13.  And  be  it  fiirther  enacted.  That  during  the  continuance  of 
so  much  of  the  act  laying  an  embargo  on  all  ships  and  vessels  in  the 
ports  and  harbors  of  the  United  States,  and  of  the  several  acts  supple- 
mentary thereto,  as  is  not  repealed  by  this  act,  no  ship  or  vessel  bound 
to  a  foreign  port,  with  which  commercial  intercourse  shall,  by  virtue  of 
this  act,  be  again  permitted,  shall  be  allowed  to  depart  for  such  port, 
unless  the  owner  or  owners,  consignee  or  factor  of  such  ship  or  vessel 
shall,  with  the  master,  have  given  bond  with  one  or  more  sureties  to  the 
United  States,  in  a  sum  double  the  value  of  the  vessel  and  cargo,  if  the 
vessel  is  wholly  owned  by  a  citizen  or  citizens  of  the  United  States ; 
and  in  a  sum  four  times  the  value,  if  the  vessel  is  owned  in  part  or  in 
whole  by  any  foreigner  or  foreigners,  that  the  vessel  shall  not  leave  the 
port  without  a  clearance,  nor  shall,  when  leaving  the  port,  proceed  to 
any  port  or  place  in  Great  Britain  or  France,  or  in  the  colonies  or 
dependencies  of  either,  or  in  the  actual  possession  of  either,  nor  be 
directly  or  indirectly  engaged  during  the  voyage  in  any  trade  with  such 
port,  nor  shall  put  any  article  on  board  of  any  other  vessel ;  nor  unless 
every  other  requisite  and  provision  of  the  second  section  of  the  act, 
intituled  "An  act  to  enforce  and  make  more  effectual  an  act,  intituled 
An  act  laying  an  embargo  on  all  ships  and  vessels  in  the  ports  and  har- 
bors of  the  United  States,  and  the  several  acts  supplementary  thereto," 
shall  have  been  complied  with.  And  the  party  or  parties  to  the  above 
mentioned  bond  shall,  within  a  reasonable  time  after  the  date  of  the 
same,  to  be  expressed  in  the  said  bond,  produce  to  the  collector  of  the 
district,  from  which  the  vessel  shall  have  been  cleared,  a  certificate  of 
the  landing  of  the  same,  in  the  same  manner  as  is  provided  by  law  for 
the  landing  of  goods  exported  with  the  privilege  of  drawback ;  on  failure 
whereof,  the  bond  shall  be  put  in  suit;  and  in  every  such  suit  judgment 
shall  be  given  against  the  defendant  or  defendants,  unless  proof  shall 
be  produced  of  such  relanding,  or  of  loss  at  sea. 

Sec.  14.  And  be  it  Jvrther  enacted,  That  so  much  of  the  act  laying 


All  penaUiM 
and  forfeitures 
incurred  to  be 
collected. 

VeMelt  bound 
to  foreign  porti 
not  to  trade  with 
prohibited 
porta. 


Embargo  rais- 
ed, except  as  to 
England    and 
France,  after 
March  15, 1809. 

Act  of   Dec. 
28, 1807,  ch.  6. 

Act  of  Jan.  8, 
1808,  ch.  6. 

ProTito,  that 
the  repeal  of 
these  acts  shall 
not  release  from 
penalties  and 
forfeitures  in- 
curred. 


Bonds  to  be 
given  when  ves- 
sels are   bound 
to  permitted 
ports,  that  the 
cargoes  shall 
not  be  landed 
in  any  other 
places,  Bus.  Bus. 


Actof  Jan.  9, 
1809,  ch.  & 


TENTH  CONGRESS.    Skss.  II.  Cii.  24.    1809. 


Certain    re- 
■trictiont  with 
respect  to  coMt* 
ing  Tettels 
taletoff. 

No  ooatting 
venel  to  depart 
without  nroaao- 
ing  bona. 


Diitribntion 
of  penalties. 


Regulations 
respecting 
coasting  Tossels 
bound  to  foreign 
ports. 


ProTisOyinfa- 
TOur  of  TOssels 
whose  employ, 
ment  has  been 
confined  to 
rivers. 


Penalties,  kc. 
ko. 

Vessels  de- 
parting without 
giving  bond. 


Non- importa- 
tion acta  repeal- 
ed. 

Act  of  April 
18,  1806,  re. 
pealed. 

Proviso. 


Penalties  and 
ibriUtares. 


nn  embargo  ob  all  sbipe  and  vessels  in  the  ports  and  harbors  of  the 
United  States,  and  of  the  several  acts  supplement aiy  thereto,  as  compels 
vessels  owned  by  citizens  of  the  United  States,  bound  to  another  port 
of  the  said  States,  or  vessels  licensed  for  the  coasting  trade,  or  boats» 
either  not  masted  or  not  decked,  to  give  bond,  and  to  load  under  the 
inspection  of  a  revenue  officer,  or  renders  them  liable  to  detention, 
merely  on  account  of  the  nature  of  their  cargo,  (such  provisions  excepted 
as  relate  to  collection  districts  adjacent  to  the  territories,  colonies  or 
provinces  of  a  foreign  nation,  or  to  vessels  belonging  or  bound  to  such 
districts)  be,  and  the  same  is  hereby  repealed,  from  and  afler  the  fifteenth 
day  of  March,  one  thousand  eight  hundred  and  nine :  Provided  hawever^ 
that  all  penalties  and  forfeitures-which  shall  have  been  previously  incur- 
red by  any  of  the  said  acts,  or  which  may  hereafter  be  incurred  by  virtue 
of  the  said  acts,  on  account  of  any  infraction  of  so  much  of  the  said  acts, 
as  is  not  repealed  by  this  act,  shall  be  recovered  and  distributed  in  like 
manner  as  if  t*he  same  had  continued  in  full  force  and  virtue. 

Sec.  15.  And  he  it  furlher  enacted^  That  during  the  continuance  of 
so  much  of  the  act  laying  an  embargo  on  all  ships  and  vessels  in  the 
ports  and  harbors  of  the  United  States,  and  of  the  several  acts  supple- 
mentary thereto,  as  is  not  repealed  by  this  act,  no  vessel  owned  by 
citizens  of  the  United  States,  bound  to  another  port  of  the  said  States 
or  licensed  fof  the  coasting  trade,  shall  be  allowed  to  depart  from  any 
port  of  the  United  States,  or  shall  receive  a  clearance,  nor  shall  it  be 
lawful  to  put  on  board  any  such  vessel  any  specie  or  goods,  waros,  or 
merchandise,  unless  a  permit  shall  have  been  previously  obtained  from 
the  proper  collector,  or  from  a  revenue  officer,  authorized  by  the  collec- 
tor to  grant  such  permits ;  nor  unless  the  owner,  consignee,  agent,  or 
factor  shall,  with  the  master,  give  bond  with  one  or  more  sureties,  to  the 
United  States,  in  a  sum  double  the  value  of  the  vesiiel  and  cargo,  that 
the  vessel  shall  not  proceed  to  any  foreign  port  or  place,  and  that  the 
cargo  shall  be  relandcd  in  some  port  of  the  United  States :  Provided, 
that  it  shall  be  lawful  and  sufficient  in  the  case  of  any  such  vessel,  whose 
employment  has  been  uniformly  confined  to  rivers,  bays  and  sounds 
within  the  jurisdiction  of  the  United  States,  to  give  bond  in  an  amount 
equal  to  one  hundred  and  fifty  dollars,  for  each  ton  of  said  vessel,  with 
condition  that  such  vessel  shall  not,  during  the  time  limited  in  the  con- 
dition of  the  bond,  proceed  to  any  foreign  port  or  place,  or  put  any 
article  on  board  of  any  other  vessel,  or  be  employed  in  any  foreign 
trade. 

Sec.  16.  And  be  it  further  enacted,  That  if  any  ship  or  vessel  shall, 
during  the  continuance  of  so  much  of  the  act  laying  an  embargo  on  all 
ships  and  vessels  in  the  ports  and  harbors  of  the  United  States,  and  of 
the  several  acts  supplementary  thereto,  as  is  not  repealed  by  this  act« 
depart  from  any  port  of  the  United  States  without  a  clearance  or  permit, 
or  having  given  bond  in  the  manner  provided  by  law,  such  ship  or  vessel, 
together  with  her  cargo,  shall  be  wholly  forfeited ;  and  the  owner  or 
owners,  agent,  freighter  or  factors,  master  or  commander  of  such  ship 
or  vessel  shall,  moreover,  severally  forfeit  and  pay  a  sum  equal  to  the 
value  of  the  ship  or  vessel,  and  of  the  cargo  put  on  board  the  same. 

Sec.  17.  And  be  it  further  enacted,  That  the  act  to  prohibit  the  im- 
portation of  certain  goods,  wares  and  merchandise,  passed  the  eighteenth 
of  April,  one  thousand  eight  hundred  and  six,  and  the  act  supplemen- 
tary thereto,  be,  and  the  same  are  hereby  repealed,  from  and  after  the 
said  twentieth  day  of  May  next :  Provided,  that  all  penalties  and  forfeit- 
ures which  shall  have  been  previously  incurred  by  virtue  of  the  said 
acts  shall  be  recovered  and  distributed  in  like  manner  as  if  the  said 
acts  had  continued  in  full  force  and  virtue. 

Sec.  18.  And  be  it  further  enacted,  That  all  penalties  and  forfeit 
Href  arising  vnder  or  mcurred  by  virtue  of  this  act,  may  be  sued  for. 


T£NTH  CONGRESS.    Sbss.  II.  Ca.  25,  26.    1809. 


533 


proflecuted  and  recoTered,  with  costs  of  suit,  by  action  of  debt,  in  the 
name  of  the  United  States  of  America,  or  by  indictment  or  information, 
in  any  court  having  competent  jurisdiction  to  try  the  same ;  and  shall 
be  distributed  and  accounted  for  in  the  manner  prescribed  by  the  act, 
intituled  "An  act  to  regulate  the  collection  of  duties  on  imports  and  ton- 
nage," passed  the  second  day  of  March,  one  thousand  seven  hundred 
and  ninety-nine;  and  such  penalties  and  forfeitures  may  be  examined, 
mitiffated  or  remitted,  in  like  manner,  and  under  the  like  conditions, 
regulations  and  restrictions,  as  are  prescribed,  authorized  and  directed 
by  the  act;  intituled  "An  act  to  provide  for  mitigating  or  remitting  the 
forfeitures,  penalties  and  disabilities,  accruing  in  certain  cases  therein 
mentioned,"  passed  the  third  day  of  March,  one  thousand  seven  hun- 
dred and  ninety-seven,  and  made  perpetual  by  an  act  passed  the  eleventh 
day  of  February,  one  thousand  eight  hundred. 

Sec.  19.  And  be  it  Jurther  enacted,  That  this  act  shall  continue  and 
be  in  force  until  the  end  of  the  next  session  of  Conffress,  and  no  longer ; 
and  that  the  act  laying  an  embargo  on  all  ships  and  vessels  in  the  ports 
and  harbors  of  the  United  States,  and  the  several  acts  supplementary 
thereto,  shall  be,  and  the  same  are  hereby  repealed  from  and  after  the 
end  of  the  next  session  of  Congress. 

Approved,  March  1,  1809. 


Recovery  and 
mitigation  of. 


Act  of  March 
S,1799,ch.22. 


Act  of  March 
3  1797,  ch.  IS. 


1800,  ch.  6. 

Continuance 
of  this  act. 

Repeal  of  the 
embargo  acu. 


Statute  11. 


Chap.  XXV. — An  Jlet  making  provision  for  (he  further  aceommodation  ff  the    March  3, 1809. 
houeehold  of  the  President  of  the  United  States.  robaolete 

Be  it  enacted  by  the  Senate  and  House  of  Rjaaresentatives  of  the  United 
States  of  America  in  Congress  assembled.  That  after  the  third  day  of 
March  next,  the  President  of  the  United  States  be,  and  he  is  hereby 
authorized  and  empowered,  to  cause  to  be  sold,  such  articles  furnished 
by  the  United  States,  for  the  President's  household,  as  may  be  decayed, 
out  of  repair,  or  unfit  for  use ;  and  that  the  proceeds  of  such  sale,  and 
so  much  of  a  sum  not  exceeding  fourteen  thousand  dollars  in  addition     Fourteen  thoo- 
thereto,  out  of  any  money  in  the  treasury  not  otherwise  appropriated,  as   Mnd  dolUn  ap. 
the  President  of  the  United  States  may  judge  necessary,  be,  and  hereby   P">P"*t«d. 
are  appropriated  for  the  accommodation  of  the  household  of  the  Presi- 
dent, to  be  laid  out  and  expended  for  such  articles  of  furniture  as  he 
shall  direct 

Approved,  March  2,  1809. 


Chap.  XXVI. — An  Act  to  extend  the  time  for  making  payment  for  the  public 
lands  of  the  United  States. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  every  person  who  hath 
heretofore  purchased  any  of  the  public  lands  of  the  United  States,  at 
any  of  the  land-offices  established  for  the  disposal  of  the  said  lands, 
whether  such  purchase  was  made  at  public  or  private  sale  (sales  by  vir- 
tue of  a  pre-emption  right  only  excepted),  and  whose  lands  have  not 
already  been  actually  sold  or  reverted  to  the  United  States,  for  non- 
payment of  part  of  the  purchase  money,  and  the  time  for  making  the 
last  payment  on  account  of  such  purchase  according  to  former  laws, 
may  have  expired,  or  shall  expire,  on  or  before  the  first  day  of  January 
next,  shall  be  allowed  a  further  term  of  two  years  for  the  payment  of  the 
residue  of  the  principal  due  on  account  of  such  purchase ;  which  fur- 
ther term  of  two  years  shall  be  calculated  to  commence  from  the  expi- 
ration of  one  year  from  and  after  the  day  on  which  the  last  payment  on 
account  of  such  purchase  should,  according  to  former  laws,  have  become 
due,  and  shall  be  allowed  only  on  the  following  conditions;  that  is  to 

2y2 


Statutx  II. 

March  2, 1809. 

[Obsolete.] 
Act  of  April 
30, 1810,  ch.  3S. 
Further  time 
allowed  for 
completing  pay- 
menta  to  tnoae 
who  purchased 
lands. 


534 


TENTH  CONGRESS.    Sess.  II.  Ch.  27.     1809. 


Arraan  of  in- 
teretttobepaid. 

Payment  of 
the  residue  with 
interest. 


Penalty  on 
failure  to  pay 
arrears  of  in- 
terest, &c. 


Act  of  April 
30,  ISIO,  ch.  36. 


Statute  II. 


say : — First,  That  all  the  arrears  of  interest,  on  the  land  purchased,  to  the 
end  of  one  year  from  and  after  the  day  on  which  the  last  payment  on 
account  of  such  purchase  should,^ according  to  former  laws,  have  become 
due,  shall  have  been  paid  at  or  before  the  end  of  such  year.  Second,  That 
the  residue  of  the  sum,  due  on  account  of  the  principal  of  such  purchase, 
shall  be  paid  with  interest  thereon,  in  two  equal  annual  payments,  viz.  one 
half  of  the  said  residue,  with  the  interest  which  may  then  be  due  thereon, 
within  one  year ;  and  the  other  half  of  the  said  residue,  with  the  interest 
which  may  then  be  due  thereon,  within  two  years  after  the  expiration  of 
one  year  from  and  after  the  day  on  which  the  last  payment  on  account 
of  such  purchase  should,  according  to  former  laws,  have  become  due. 
And  in  case  of  failure  in  paying  either  the  arrears  of  interest  on  each 
of  the  two  instalments  of  principal,  with  the  accruing  interest,  at  the 
time  and  times  above  mentioned,  the  tract  of  land  shall  be  forthwith 
advertised  and  offered  for  sale,  in  the  manner  and  on  the  terms  and  con- 
ditions now  prescribed  for  the  sale  of  lands  purchased  from  the  United 
States,  and  not  paid  for  within  the  limited  time ;  and  shall  revert,  in 
like  manner,  to  the  United  States,  if  the  sum  due  with  interest,  be  not 
at  such  sale  bidden  and  paid. 
Approved,  March  2,  1809. 


Mkrch2,lS09.    Chap.  XXVII.— .5»  M  further  to  amend  the  Judicial  System  (f  the  United 

States. 


Circuit  coart 
of  ttie  U.  States 
to  perform  the 
duties  of  the 
district  courts, 
in  cases  of  the 
disability  of  the 
district  judges. 

Justices  of  the 
supreme  court 
to  direct  the 
clerk  of  the  dis. 
trict  court  to 
certify  to  the 
next  circuit 
court  all  ac- 
tions,  Ifcc.  de- 
pending in  the 
district  court. 

Notice  to  be 
published. 


Justice  of  the 
supreme  court 
to  exercise  the 
powers  of  dis- 
trict judge  dur- 
ing disability  of 
the  district 
judge. 

Nothing  in  this 
«ct  shnll  require 
the  judge  of  the 
supreme  court 
to  hold  any  spe. 
cial  court  or 
court  of  admi- 
ralty at  any 
other  time  than 
the  legal  time  of 


Be  it  enacted  hy  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  in  case  of  the  disability 
of  the  district  judge  of  either  of  the  districts  of  the  United  States  to 
hold  a  district  court,  and  to  perform  the  duties  of  his  office,  and  satis- 
factory evidence  thereof  being  shown  to  the  justice  of  the  supreme 
court,  allotted  to  that  circuit  in  which  such  district  court  ought  by  law 
to  be  holden ;  and  on  application  of  the  district  attorney  or  marshal  of 
such  district  in  writing  to  the  said  justice  of  the  supreme  court,  said 
justice  of  the  supreme  court  shall  thereupon  issue  his  order  in  the 
nature  of  a  certiorari,  directed  to  the  clerk  of  such  district  court,  re- 
quiring him  forthwith  to  certify  into  the  next  circuit  court  to  be  holden 
in  said  district,  all  actions,  suits,  causes,  pleas,  or  processes,  civil  or 
criminal,  of  what  nature  or  kind  soever,  that  may  be  depending  in  said 
district  court  and  undetermined,  with  all  the  proceedings  thereon,  and 
all  files  and  papers  relating  thereto;  which  said  order  shall  be  imme- 
diately published  in  one  or  more  newspapers,  printed  in  said  district, 
and  at  least  thirty  days  before  the  session  of  such  circuit  court,  and  shall 
be  deemed  a  sufficient  notification  to  all  concerned.  And  the  said  circuit 
court  shall  thereupon  have  the  same  cognizance  of  all  such  actions, 
suits,  causes,  pleas,  or  processes,  civil  or  criminal,  of  what  nature  or 
kind  soever,  and  in  the  like  manner  as  the  district  court  of  said  district 
by  law  might  have,  or  the  circuit  court,  had  the  same  been  originally 
commenced  therein ;  and  shall  proceed  to  hear  and  determine  the  same 
accordingly;  and  the  said  justice  of  the  supreme  court  during  the  con- 
tinuance of  such  disability  shall  moreover  be  invested  with  and  exer- 
cise all,  and  singular,  the  powers  and  authority,  vested  by  law  in  the 
judge  of  the  district  court  in  said  district.  And  all  bonds  and  recog- 
nizances taken  for  or  returnable  to  such  district  court  shall  be  construed 
and  taken  to  be  to  the  circuit  court,  to  be  holden  thereafter,  in  pursu- 
ance of  this  act,  and  shall  have  the  same  force  and  effect  in  such  circuit 
court,  as  they  could  have  had  in  the  district  court  to  which  they  were 
taken :  Provided,  that  nothing  in  this  act  contained  shall  be  so  con- 
strued as  to  require  of  the  judge  of  the  supreme  court  within  whose 
circuit  such  district  may  lie,  to  hold  any  special  court,  or  court  of 


TENTH  CONGRESS.    Sbss.  II.  Cb.  28.    1809. 


535 


admiralty,  at  any  other  time  than  the  legal  time  for  holding  the  circuit 
court  of  the  United  States  in  and  for  such  district 

Sec.  2.  And  be  it  further  enacted,  That  the  clerk  of  such  district 
court  shall,  during-  the  continuance  of  the  disability  of  the  district  judge, 
continue  to  certify  as  aforesaid,  all  suits  or  actions  of  what  nature  or 
kind  soever,  which  may  thereafter  be  brought  to  such  district  court,  and 
the  same  transmit  to  the  circuit  court  next  thereafter  to  be  holden  in  the 
same  district ;  and  the  said  circuit  court  shall  have  cognizance  of  the 
same  in  like  manner  as  is  herein  before  provided  in  this  act,  and  shall 
proceed  to  hear  and  determine  the  same:  Provided  nevertheless,  that 
when  the  disability  of  the  district  judge  shall  cease  or  be  removed,  all 
suits  or  actions  then  pending  and  undetermined  in  the  circuit  court,  in 
which  by  law  the  district  courts  have  an  exclusive  original  cognizance, 
shall  be  remanded,  and  the  clerk  of  the  said  circuit  court  shall  transmit 
the  same,  pursuant  to  the  order  of  said  court,  with  all  matters  and  things 
relating  thereto,  to  the  district  court  next  thereafter  to  be  holden  in  said 
district,  and  the  same  proceedings  shall  be  had  therein  in  said  district 
court  as  would  have  been,  had  the  same  originated  or  been  continued 
in  the  said  district  court. 

Sec.  3.  And  be  it  further  enacted,  That  in  case  of  the  district  judge 
in  any  district  being  unable  to  discharge  his  duties,  as  aforesaid,  the  dis- 
trict clerk  of  such  district  shall  be  authorized  and  empowered,  by  leave 
or  order  of  the  circuit  judge  of  the  circuit  in  which  such  district  is  in- 
cluded, to  take,  during  such  disability  of  the  district  judge,  all  examina- 
tions and  depositions  of  witnesses,  and  make  all  necessary  rules  and 
orders  preparatory  to  the  final  hearing  of  all  causes  of  admiralty  and 
maritime  jurisdiction. 

Approved,  March  2, 1809. 


the  aenion    of 
the  circuit 
court. 

Duties  of  the 
dittrict  derki 
under  this  act 

Proceaa  kc, 
flee. 


On  the  ceaa. 
ing  of  the  diaa. 
bilityofthedia. 
trict  judge,  all 
cauaea  ahall  be 
remanded  to  the 
diatrict  court. 


Diatrictclerka 
during  the  diaa- 
bility  of  the 
jndgea,  to  take 
ezaminatjona, 
make  rulea,  flee, 
flfcc. 


Statvtx  II. 


Chap.  XX  VIII.— ^n  Ad  further  to  amend  the  several  acta  far  the  esiabHahment    March  3,  1809. 
and  regulation  of  the  Treasury,  JVar  and  Navy  departmenU. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  all  warrants  drawn  by 
the  Secretary  of  the  Treasury,  or  of  War,  or  of  the  Navy,  upon  the  Trea- 
surer of  the  United  States,  shall  specify  the  particular  appropriation  or 
appropriations  to  which  the  same  should  be  charged :  the  monies  paid 
by  virtue  of  such  warrants  shall,  in  conformity  therewith,  be  charged  to 
such  appropriation  or  appropriations,  in  the  books  kept  in  the  office  of 
the  comptroller  of  the  treasury,  in  the  case  of  warrants  drawn  by  the 
Secretary  of  the  Treasury,  and  in  the  books  of  the  accountants  of  the 
war  or  navy  department  respectively,  in  the  case  of  warrants  drawn  by 
the  Secretary  of  War,  or  by  the  Secretary  of  the  Navy ;  and  the  officers, 
agents,  or  other  persons,  who  may  be  receivers  of  public  monies,  shall 
render  distinct  accounts  of  the  application  of  such  monies  according  to 
the  appropriation  or  appropriations  under  which  the  same  shall  have  been 
drawn,  and  the  Secretary  of  War  andof  theNavy  shall,  on  the  first  day  of 
January,  in  each  and  every  year,  severally  report  to  Congress  a  distinct 
account  of  the  expenditure  and  application  of  all  such  sums  of  money  as 
may,  prior  to  the  thirtieth  day  of  September  preceding,  have  been  by  them 
respectively  drawn  from  the  treasury  in  virtue  of  the  appropriation  law  of 
the  preceding  year,  and  the  sums  appropriated  by  law  for  each  branch  of 
expenditure  in  the  several  departments  shall  be  solely  applied  to  the 
objects  for  which  they  are  respectively  appropriated,  and  to  no  other; 
Provided  nevertheless,  that  during  the  recess  of  Congress,  the  President 
of  tlie  United  States  may,  and  he  is  hereby  authorized,  on  the  applica- 
tion of  the  secretary  of  the  proper  department,  and  not  otherwise,  to 
direct,  if  in  his  opinion  necessary  for  the  public  service,  that  a  portion 


Act  of  May  8, 
1792,  ch.  37. 

Act  of  March 
3,  1795,  ch.  48. 

Act  of  April 
31, 1808,  ch.  48. 

Act  of  March 
3,  1817,  ch.  45. 

Act  of  May  1, 
1820,  ch.  50. 

Warranta  to 
he  charged  to 
the  diatinct  ap- 
proprialiona  on 
which  they  are 
founded. 

Paymenta  to 
be  charged  to 
apecific  appro- 
priationa. 

Separate    ac- 
counta  to  be 
rendered  to 
Congreaa  by  the 
officera. 


The  Preaident 
during  the  re- 
ceaa  of  Con- 
greaa may  order 
a  portion  of  the 
moniea    appro* 


636 


TENTH  CONGRESS.    Sbm.  II.  Cb.  28.    1899. 


priated  for  a 
particular 
oranch  of  ax- 
penditure  to  be 
applied   to  an* 
other  branch  of 
expenditure    in 
the  same  depart- 
ment;  this  ap- 
{ilication,  to  be 
aid  before  Con- 
greu. 

Comptroller 
.of  the  treasury 
aothorised  to 
cause  the  settle- 
ment of  certain 
accoants. 

Annual  state- 
ment to  be  laid 
before  Congress 
by  the  comp- 
troller of  cer- 
tain delinquen- 


Asentsforthe 
purchase  of  sup. 
plies  and  mai- 
ing  of  contractiy 
and  disburse- 
ments. 


The  President 
may  during  the 
recess  of  the 
Senate  appoint 
agents  and  fix 
the  number  and 
compensation. 

Limitation  of 
the  compensa- 
tion. 


Agents,  ko, 
to  give  bonds. 


To  keep  the 

EubUc  money  in 
anksy  ko,  «c. 


Purchases  and 
contracts,  how 
to  be  made,fco. 
Sec. 


An  annual 
statement  of 
contracts  and 
purchases  to  be 
laid  before  Con- 


of  the  monies  appropriated  for  a  particular  branch  of  expenditure  in  that 
department,  be  applied  to  another  branch  of  expenditure  in  the  same 
department  in  which  case  a  special  account  of  the  monies  thus  trans- 
ferred, and  of  their  application,  shall  be  laid  before  Congress  during  the 
first  week  of  their  next  ensuing  session. 

Sec.  2.  And  be  it  fiarther  enacted^  That  it  shall  be  the  duty  of  the 
comptroller  of  the  treasury,  in  every  case  where  in  his  opinion  further 
delays  would  be  injurious  to  the  United  States,  and  he  is  hereby  autho- 
rized to  direct  the  auditor  of  the  treasury,  and  the  accountants  of  the 
war  and  navy  departments,  at  any  time,  forthwith  to  audit  and  settle  any 
particular  account  which  the  said  officers  may  be  respectively  authorized 
to  audit  and  settle,  and  to  report  such  settlement  for  his  revision  and 
final  decision.  And  the  said  comptroller  shall  also  lay  an  annual  state- 
ment before  Congress,  during  the  first  week  of  their  session,  of  the  ao- 
counts  in  the  treasury,  war  or  navy  departments,  which  may  have  remained 
more  than  three  years  unsettled,  or  on  which  balances  appear  to  have 
been  due  more  than  three  years,  prior  to  the  thirtieth  of  September  then 
last  past,  together  with  a  statement  of  the  causes  which  have  prevented 
the  settlement  of  the  accounts  or  the  recovery  of  the  balances  due  to  the 
United  States. 

Sec.  3.  And  he  ii  fitrther  enacted,  That  exclusively  of  the  purveyor 
of  public  supplies,  paymasters  of  the  army,  pursers  of  the  navy,  military 
agents,  and  other  officers  already  authorized  by  law,  no  other  permanent 
agents  shall  be  appointed  either  for  the  purpose  of  making  contracts,  or 
for  the  purchase  of  supplies,  or  for  the  disbursement  in  any  other  manner, 
of  monies  for  the  use  of  the  military  establishment,  or  of  the  navy  of  the 
United  States,  but  such  as  shall  be  appointed  by  the  President  of  the 
United  States,  with  the  advice  and  consent  of  the  Senate:  Provided, 
that  the  President  may,  and  he  is  hereby  authorized,  in  the  recess  of  the 
Senate,  to  appoint  all  or  any  of  such  agents,  which  appointments  shall 
be  submitted  to  the  Senate  at  their  next  session,  for  their  advice  and 
consent,  and  the  President  of  the  United  States  is  hereby  authorized, 
until  otherwise  provided  by  law,  to  fix  the  number  and  compensations 
of  such  agents :  Provided,  that  the  compensation  allowed  to  either  shall 
not  exceed  one  per  centum  on  the  public  monies  disbursed  by  him,  nor 
in  any  instance  the  compensation  allowed  by  law  to  the  purveyor  of 
public  supplies. 

Sec.  4.  And  be  ii  fiarther  enacted.  That  every  such  agent  as  may  be 
appointed  by  virtue  of  the  next  preceding  section,  and  every  purser  of 
the  navy,  shall  give  bond  with  one  or  more  sufficient  sureties,  in  such 
sums  as  the  President  of  the  United  States  may  direct,  for  the  faithful 
discharge  of  the  trust  reposed  in  him ;  and  the  paymaster  of  the  army, 
the  military  agents,  the  purveyor  of  public  supplies,  the  pursers  of  the 
navy,  and  the  agents  appointed  by  virtue  of  the  preceding  section,  shall, 
whenever  practicable,  keep  the  public  monies  in  their  hands,  in  some 
incorporated  bank,  to  be  designated  for  the  purpose  by  the  President  of 
the  United  States,  and  shall  make  monthly  returns  in  such  form  as  may 
be  prescribed  by  the  treasury  department,  of  the  monies  received  and 
expended  during  the  preceding  month,  and  of  the  unexpended  balance 
in  their  hands. 

Sec.  5.  And  he  it  fitrther  enacted,  That  all  purchases  and  contracts 
for  supplies  or  services  which  are  or  may,  according  to  law,  be  made  by, 
or  under  the  direction  of  either  the  Secretary  of  the  Treasury,  the  Secre- 
tary of  War,  or  the  Secretary  of  the  Navy,  shall  be  made  either  by  open 
purchase,  or  by  previously  advertising  for  proposals  respecting  the  same : 
And  an  annual  statement  of  all  such  contracts  and  purchases,  and  also 
of  the  expenditure  of  the  monies  appropriated  for  the  contingent  ex- 
penses of  the  military  establishment,  for  the  contingent  expenses  of 
the  navy  of  the  United  States,  and  for  the  discharge  of  miscellaneoug 


TENTH  CONGRESS.  Sess.  II.  Ch.  29,  30.     1809. 


637 


claims  not  otherwise  provided  for,  and  paid  at  the  treasury,  shall  be  gr«^  ■*  ^«  ^• 
laid  before  Congress  at  the  beginning  of  each  year,  by  the  secreUry  of   JJJJJ*"'  **  " 
the  proper  department 


Approved,  March  3,  1809. 


Statute  II. 


Chap.  XXIX. — Jin  Ad  makine  a  furihermproprtaiton  towards  completing  the   March  3, 
two  winga  of  the  Capitol  at  the  aty  of  Waahingion^  and  for  other  purpotea. 


1800. 


Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  the  following  sums  of 
money  be,  and  the  same  are  hereby  appropriated,  to  be  applied  under 
the  direction  of  the  President  of  the  United  States,  that  is  to  say : 

For  improvements  and  repairs  of  the  House  of  Representatives,  six 
thousand  dollars. 

For  completing  the  work  in  the  interior  of  the  north  wing,  com- 
prising the  Senate  chamber,  court  room,  &c.  &c.  twenty  thousand 
dollars. 

For  completing  the  staircase,  and  providing  temporary  and  adequate 
accommodations  for  the  library,  in  the  room  now  used  for  that  purpose, 
and  in  the  one  in  which  the  Senate  now  sit,  five  thousand  dollars. 

For  improvements  and  repairs  of  the  President's  house  and  square, 
including  a  carriage  house,  twelve  thousand  dollars. 

Sec.  2.  And  be  it  further  enacted,  That  the  several  sums  of  money 
hereby  appropriated  shall  be  paid  out  of  any  money  in  the  treasury  not 
otherwise  appropriated. 

Approved,  March  3,  1809. 


[ObMlete.] 


Specific    ap- 
propriations. 


Statute  II. 


Chap.  XXX. — An  Act  aupplemenlary  to  the  ad  intituled  ^*An  ad  to  amend  the  March  3,  1809. 
charter  (y  GeorgdownV  "" 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United  Boundaries  of 
States  of  America  in  Congress  assembled,  That  the  following  jshall,  *^'»«^'^- 
and  are  hereby  declared  to  be  the  limits  of  Georgetown,  in  the  district 
of  Columbia,  any  law  or  regulation  to  the  contrary  notwithstanding,  that 
is  to  say:  beginning  in  the  middle  of  College  street,  as  laid  down  and 
designated  in  Fenwick's  map  of  the  said  town,  at  or  near  to  the  bank  of 
the  river  Potomac ;  thence  by  a  straight  line  drawn  norlhernly  through 
the  middle  of  said  street  to  the  middle  of  First  street ;  thence  by  a  line 
drawn  through  the  middle  of  First  street  to  a  point  directly  opposite  to 
the  termination  of  the  eastern  line  of  the  lots  now  enclosed  as  the  pro- 
perty of  the  college ;  thence  northernly  by  the  eastern  line  of  said  en- 
closure as  far  as  the  same  extends ;  thence  in  the  same  northernly  di- 
rection to  the  middle  of  Fourth  street ;  thence  eastwardly  by  a  line 
drawn  along  the  middle  of  Fourth  street  to  a  point  at  the  distance  of 
one  hundred  and  twenty  feet  westward  from  the  wesrt  side  of  Fayette 
street ;  thence  northernly  by  a  line  drawn  parallel  to  Fayette  street  at 
the  said  distance  of  one  hundred  and  twenty  feet  westward  from  the 
west  side  thereof,  until  it  intersects  a  boundary  line  of  Beatty  and  Haw- 
kins' addition  to  Georgetown  ;  thence  westwardly  by  said  boundary  line 
as  far  as  it  extends;  thence  by  the  courses  and  distances  of  the  several 
other  boundary  lines  of  Beatty  and  Hawkins'  addition  aforesaid,  that  is 
to  say:  westwardly,  northwardly,  eastwardly  and  southwardly,  to  a  point 
opposite  to  the  middle  of  Road  street,  and  opposite  or  nearly  opposite 
to  the  middle  of  Eighth  street;  thence  eastwardly  by  a  line  drawn 
through  the  middle  of  Road  street,  as  it  now  runs,  and  as  far  as  it 
extends ;  thence  eastwardly  by  a  line  drawn  parallel  to  Back  street,  and 
continued  in  the  same  direction  to  the  middle  of  Rock  creek ;  thence  by 
the  middle  of  the  same  creek  and  the  middle  of  the  Potomac  river  to  a 

Vol.  n.— 68 


538 


TENTH  CONGRESS.    Seas.  n.  Ca.  30.    1800. 


CoqMrationof 
Georgetown  to 
cause  a  survey 
to  be  made  of 
the  town. 


To  be  record- 
ed in  the  clerk's 
office  of  Wash, 
ington  county. 

Rights  and 
powers  formerly 
granted  to  the 
corporation,  to 
be  exercised  by 
them. 


Corporation 
of  the  town  may 
lay  out  streets, 
kc.  Iec. 

Regulations 
for  opening 
streeto,  ke. 


Proviso. 


The  recorder 
to  be  a  member 
of  the  corpora, 
tion. 


point  directly  opposite  to  the  middle  of  College  street  aforesaid;  thence 
to  the  place  of  beginning. 

Sec.  2.  And  be  it  further  enacted,  That  the  corporation  of  George- 
town be,  and  they  are  hereby  authorized  and  directed  to  cause  a  cono- 
plete  and  accurate  survey  to  be  made  of  the  said  town  agreeably  to  the 
courses  and  limits  prescribed  in  the  preceding  section  of  this  act,  and 
to  establish  and  fix,  from  time  to  time,  permanent  boundaries  at  such 
places  as  they  may  deem  necessary  and  proper  for  perpetuating  the 
boundaries  of  the  said  town,  and  afler  the  said  survey  shall  have  been 
so  made,  and  approved  by  the  corporation,  the  same  shall  be  admitted 
to  record  in  the  clerk's  office  for  the  county  of  Washington  in  the  dis- 
trict of  Columbia. 

Sec.  3.  And  be  it  further  enacted.  That  all  the  rights,  powers  and 
privileges  heretofore  granted  to  the  said  corporation  by  the  general  as- 
sembly of  Maryland,  and  by  the  act  to  which  this  is  a  supplement,  and 
which  are  at  this  time  claimed  and  exercised  by  them,  shall  be  and 
remain  in  full  force  and  effect,  and  may  and  shall  be  exercised  and 
enjoyed  by  them  within  the  bounds  and  limits  set  forth  and  described  in 
the  first  section  of  this  act. 

Sec.  4.  And  be  it  further  enacted,  That  the  said  corporation  shall 
have  power  to  lay  out,  open,  extend  and  regulate  streets,  lanes  and  alleys, 
within  the  limits  of  the  town,  as  before  described,  under  the  following 
regulations,  that  is  to  say :  the  mayor  of  the  town  shall  summon  twelve 
freeholders,  inhabitants  of  the  town,  not  directly  interested  in  the  pre- 
mises, who,  being  first  sworn  to  assess  and  value  what  damages  would  be 
sustained  by  any  person  or  persons  by  reason  of  the  opening  or  extend- 
ing any  street,  lane  or  alley,  (taking  all  benefits  and  inconveniences  into 
consideration)  shall  proceed  to  assess  what  damages  would  be  sustained 
by  any  person  or  persons  whomsoever,  by  reason  of  such  opening  or 
extension  of  the  street,  and  shall  also  declare  to  what  amount  in  money 
each  individual  benefited  thereby  shall  contribute  and  pay  towards  com- 
pensating the  person  or  persons  injured  by  reason  of  such  opening  and 
extension :  and  the  names  of  the  person  or  persons  so  benefited,  and  the 
sums  which  they  shall  respectively  be  obliged  to  pay,  shall  be  returned 
under  their  hands  and  seals  to  the  clerk  of  the  corporation,  to  be  filed 
and  kept  in  his  office;  and  the  person  or  persons  benefited  by  opening 
or  extending  any  street,  and  assessed  as  aforesaid,  shall  respectively  pay 
the  sums  of  money  so  charged  and  assessed  to  them,  with  interest  there- 
on at  the  rate  of  six  per  cent  per  annum,  from  the  time  limited  for  the 
payment  thereof  until  paid ;  and  the  sums  of  money  assessed  and  charged 
in  manner  aforesaid  to  each  individual  benefited  in  manner  aforesaid, 
shall  be  a  lien  upon  and  bind  all  the  property  so  benefited  to  the  full 
amount  thereof:  Provided  always,  that  no  street,  lane,  or  alley,  shall  be 
laid  out,  opened  or  extended,  until  the  damages  assessed  to  individuals 
in  consequence  thereof  shall  have  been  paid,  or  secured  to  be  paid :  And 
provided  also,  that  nothing  in  this  act  contained  shall  be  so  construed  or 
understood  as  to  authorize  the  corporation  of  Georgetown  to  locate,  lay 
out,  or  open  any  street,  lane,  alley  or  other  way,  through  any  of  the 
squares  or  lots  situated  in  that  part  of  Thomas  Beall's  second  addition 
to  Georgetown,  which  lies  north  of  Back  street,  without  the  consent 
and  permission  of  the  owner  or  proprietor  of  such  square  or  lot,  first 
had  and  obtained  in  writing,  which  consent  and  permission  shall  be 
acknowledged  in  the  presence  of»  and  such  acknowledgment  certified 
by  the  mayor  of  the  town  aforesaid,  or  some  justice  of  the  peace  for  the 
county  of  Washington. 

Sec.  5.  And  be  it  further  enacted.  That  the  recorder  of  the  corpora- 
tion shall  be,  and  he  is  hereby  declared  to  be  a  member  of  the  board  of 
aldermen,  to  all  intents  and  purposes  whatsoever. 

Approved,  March  3,  1809. 


TENTH  CONGRESS.     Sess.  II.  Ch.  31.     1809.  539 

Statute  II. 
Chap.  XXXI. — An  Ml  to  authnrizt  the  makins;  of  a  7\tmpike  Road  from  Jftf-    ^arch  3,  1809. 
»on*»  Caiiseway^  to  Alexandria*  

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  Umfed  Commiwion. 
States  of  America  in  Congress  assembled,  Tliat  John  Mason,  David  ?JJ^*^  **•  *P" 
Wiley,  Henry  Foxall,  John  Cox  and  John  W.  Bronaugh,  be,  and  they  ^ 
are  hereby  appointed  and  constituted  a  board  of  commissioners,  a 
majority  of  whom  to  constitute  a  quorum,  with  full  power  to  receive 
and  enter  in  such  book  or  books  as  they  may  deem  proper,  by  them- 
selves, or  by  their  agents,  subscriptions  for  raising  a  capital  stock  of 
twenty  thousand  dollars  in  shares  of  one  hundred  dollars  each,  for  the 
purpose  of  opening,  gravelling  and  improving  a  road  from  the  west  end 
of  Mason's  causeway  to  Alexandria,  in  the  district  of  Columbia,  the 
times,  places,  and  manner  of  receiving  and  entering  subscriptions,  and 
the  manner  of  authenticating  powers  of  attorney,  or  other  instruments 
of  writing  authorizing  subscriptions  to  be  made  by  any  person  or  per- 
sons, in  the  name  of  any  other  person  or  persons,  to  be  ascertained  by 
said  board  of  commissioners,  and  duly  advertised  in  such  gazettes  or 
public  prints  as  they  may  deem  expedient:  Provided,  that  the  books  for 
receiving  and  entering  subscriptions  shall  be  opened  on  or  before  the 
first  day  of  May  next,  and  that  no  subscription  shall  be  received  unless 
the  sum  of  ten  dollars  be  first  paid  into  the  hands  of  such  agent  or  other 
person  as  said  commissioners  may  authorize  to  receive  it. 

Sec.  2.  And  be  it  fvrther  enacted,  That  when  any  number  of  persons  Dirocton  to 
shall  have  subscribed  one  hundred  and  fifty  shares  or  more  of  the  said  ^  appointed, 
stock,  the  said  commissioners,  or  a  majority  of  them  may,  and  when  the 
whole  number  of  shares  aforesaid  shall  be  subscribed,  shall  give  notice 
in  some  newspaper,  printed  in  the  district  of  Columbia,  of  a  time  and 
place  to  be  by  them  appointed  for  the  subscribers  to  proceed  to  organize 
the  said  corporation,  at  which  time  and  place  the  said  subscribers,  by  a 
majority  of  votes  to  be  delivered  by  ballots  in  person,  or  by  proxy  duly 
authorized,  shall  elect  one  president  and  four  directors,  to  conduct  the 
business  of  said  company  for  one  year,  and  until  other  such  oflicers  shall 
be  chosen  in  their  place,  and  may  make  such  rules,  orders,  and  regula- 
tions, not  inconsistent  with  the  constitution  and  laws  of  the  United  States, 
as  shall  be  necessary  for  the  well  being  of  the  affairs  of  said  company : 
Provided  always,  that  no  stockholder  shall,  in  person  or  by  proxy,  have  Proviso,  na  to 
more  than  ten  votes  at  any  election,  or  in  determining  any  question  *^«  powers  of 
arising  at  such  meeting,  whatever  number  of  shares  he  or  she  may  hold,  ^^^K* 
and  each  stockholder,  in  person  or  by  proxy,  shall  be  entitled  to  one  vote 
for  every  share  by  him  or  her  held  under  said  number;  and  all  persons 
who  may  then  be,  or  thereafter  may  become,  the  actual  holders  or  pro- 
prietors of  shares  in  the  said  capital  stock,  either  as  subscribers  for  the 
same,  or  as  the  legal  representatives,  successors,  or  assignees,  of  such 
subscribers,  shall  become  one  body  politic  and  corporate,  in  deed  and 
in  law,  by  the  name  and  style  of  the  president,  directors  and  company 
of  the  Georgetown  and  Alexandria  turnpike  road,  and  by  the  said  name 
shall  have  perpetual  succession,  and  all  the  privileges  incident  to  a  cor- 
poration, and  shall  be  capable  of  taking  and  holding  their  said  capital 
stock,  and  the  increase  and  profits  thereof,  and  of  enlarging  the  same  by 
new  subscriptions,  if  such  enlargement  shall  be  found  necessary,  to  fulfil 
the  intent  of  this  act,  and  of  purchasing,  taking,  and  holding  to  them 
and  their  successors  and  assigns  in  fee  simple,  or  for  any  lesser  estate, 
all  such  lands,  tenements,  hereditaments  and  estate,  real  and  personal, 
as  shall  be  necessary  or  useful  to  them  in  the  prosecution  of  their  works, 
and  of  suing  and  being  sued,  of  having  a  common  seal,  the  same  break- 
ing and  altering  at  pleasure,  and  of  doing  all  and  every  other  matter 
and  thing  concerning  the  subject  aforesaid,  which  a  corporation  or  body 
politic  may  lawfully  do. 


540 


TENTH  CONGRESS.    Sub.  H.  Ch.  31.    1809. 


Meatinga   of 
the  company. 

Their  powen. 


Printed    cer- 
tificatee  of 
aharea,  kc,  kc. 


Penalty  on 
Bon-payment  of 
iBstalmenU    on 
aharea. 


Meetinn  of 
the  president 
and  directors. 


Route  or 
course  of  the 
road. 


Sec.  3.  And  be  it  Jiirther  enacted.  That  the  said  company  shall  meet 
on  the  first  Monday  in  February,  in  every  year,  at  such  place  as  shall 
be  fixed  by  their  by-laws,  for  the  purpose  of  choosing  such  officers  as 
aforesaid  for  the  ensuing  year,  in  manner  aforesaid,  and  at  such  other 
times  as  they  shall  be  summoned  by  the  president  and  directors  afore- 
said, at  which  annual  or  special  meetings  they  shall  ^have  full  power  and 
authority  to  do  and  perform  any  act  by  law  allowed,  and  pertaining  to 
the  affairs  of  said  company. 

Sec.  4.  And  be  it  further  enacted,  That  the  president  and  directors 
shall  procure  printed  certificates  for  all  the  shares  of  said  stock,  and 
shall  deliver  one  such  certificate,  signed  by  the  president,  to  each  person 
for  every  share  by  him  or  her  subscribed  and  held,  which  certificate  shall 
be  transferable,  at  his  or  her  pleasure  in  person,  or  by  attorney,  in  the 
presence  of  the  president  or  treasurer,  subject  however  to  all  payments 
due  or  to  grow  due  thereupon ;  and  the  assignee  holding  such  certificate, 
having  caused  the  assignment  to  be  entered  in  a  book  of  the  company 
to  be  kept  for  that  purpose,  shall  be  a  member  of  said  company,  and 
for  every  certificate  by  him  held,  shall  be  entitled  to  one  share  in  the 
capital  stock  and  estate  of  said  company ;  and  if  any  stockholder,  aAer 
thirty  days'  notice  in  a  public  paper  printed  in  each  of  the  towns  of 
Alexandria  and  Georgetown,  of  the  time  and  place  appointed  for  the 
payment  of  any  portion  or  dividend  of  the  sum  subscribed  in  said  stock, 
shall  neglect  to  pay  the  same  for  the  space  of  thirty  days  afler  the  time 
so  appointed,  the  share  or  shares  on  which  such  delinquency  has  taken 
place  shall  be  forfeited  to  the  said  company,  and  may  be  sold  by  them 
to  any  person  or  persons,  willing  to  purchase,  for  such  price  as  can  be 
obtained,  and  in  case  such  share  or  shares  should  not,  on  a  sale  so  to  be 
made,  produce  a  nett  sum  equal  to  the  portion  or  dividends  then  remain- 
ing to  be  paid  thereon,  such  deficiency  may  be  recovered  of  the  person 
or  persons,  so  failing  to  pay,  by  warrant  from  a  justice  of  the  peace,  if 
the  amount  shall  not  exceed  twenty  dollars,  and  if  the  sum  so  due  shall 
exceed  twenty  dollars,  the  same  may  be  recovered  by  motion,  in  the 
name  of  the  said  company,  on  ten  days'  notice,  in  any  court  of  record 
in  the  county  or  district  where  the  debtor  may  be  found ;  and  in  all  such 
warrants  and  motions  the  certificate  of  the  clerk  or  recording  officer  of 
the  said  company  shall  be  conclusive  evidence  of  the  defendant's  being 
a  member  of  the  company,  and  prima  facie  evidence  of  the  amount  due 
on  the  share  or  shares  held  by  such  defendant. 

Sec.  5.  And  be  it  farther  enacted.  That  the  said  president  and 
directors  shall  meet  at  such  times  and  places  as  shall  be  agreed  upon  for 
transacting  their  business ;  at  which  meetings  any  three  members  shall 
form  a  quorum,  who,  in  the  absence  of  the  president,  may  choose  a 
chairman,  and  shall  keep  minutes  of  all  their  transactions,  fairly  entered 
in  a  book ;  and  a  quorum  being  met,  they  shall  have  full  power  and 
authority  to  appoint  a  treasurer,  and  agree  with  and  appoint  all  such 
surveyors,  intendants,  artists,  or  other  agents  as  they  shall  judge  neces- 
sary to  carry  on  the  intended  works,  and  to  fix  their  salaries,  wages  or 
compensation ;  to  direct  and  order  the  times,  manner,  and  proportions, 
when  and  in  which  the  stockholders  shall  pay  monies  due  on  their 
respective  shares ;  to  draw  orders  on  the  treasurer  for  all  monies  due 
from  the  said  company,  and  generally  to  do  and  transact  all  such  other 
matters,  acts  ^nd  things,  as  by  the  by-laws,  rules,  and  regulations  of 
said  company,  shall  be  required  or  permitted. 

Sec.  6.  And  be  it  further  enacted,  That  the  said  president  and 
directors  shall  cause  to  be  surveyed,  laid  down,  ascertained  and  fixed, 
the  said  turnpike  road,  from  the  west  end  of  Mason's  causeway,  and 
passing  near  to  the  head  of  the  tide  water  of  Four  Mile  run,  at  a  place 
called  Adam's  Mill,  and  thence  to  the  limits  of  Alexandria,  in  such 
route  or  track  for  the  same,  as  in  the  best  of  their  judgment  and  skill 


TENTH  CONGRESS.    Sess.  II.  Gh.  31.    1809. 


541 


will  combine  shortness  of  distance  with  the  most  convenient  ground, 
and  the  smallest  expenditure  of  money;  and  it  shall  be  lawful  to  and 
for  the  said  president  and  directors,  their  surveyors  and  agents,  to  enter 
upon  all  and  every  the  lands  and  enclosures  in,  through  and  over  which 
the  said  turnpike  road  may  be  thought  proper  to  pass,  and  to  examine 
the  ground  most  proper  for  the  purpose,  and  the  quarries  and  beds  of 
stone,  and  gravel,  and  other  materials  in  the  vicinity,  that  will  be  useful 
in  making  the  said  road:  Provided,  that  the  said  road  shall  not  be  so 
laid  out  as  to  intersect  the  road  laid  out  and  established  by  the  Wash- 
ington and  Alexandria  turnpike  company,  without  the  consent  of  the 
said  company. 

Sec.  7.  And  be  it  fitrther  enacted,  That  it  shall  and  may  be  lawful  to 
and  for  the  president  and  directors,  by  and  with  their  superintendents, 
artists  and  labourers,  with  their  tools  and  instruments,  with  carts,  wagons 
and  other  carriages,  and  beasts  of  draft  or  burthen,  to  enter  upon  the 
lands  in,  over  or  near  to  which  the  route  or  tract  of  the  said  intended 
road  shall  pass,  first  giving  notice  of  their  intention  to  the  owners  there- 
of, or  their  representatives,  and  doing  as  little  damage  thereto  as  possi- 
ble, and  repairing  any  breaches  they  may  make  in  the  enclosures  thereof, 
and  making  amends  for  any  damages  that  may  be  done,  by  a  reasonable 
agreement,  if  they  can  agree;  but  if  they  cannot  agree,  then  by  appraise- 
ment, to  be  made  upon  oath  or  affirmation,  by  three  indifferent  freehold- 
ers or  any  [two]  of  them  agreeing,  tobe  mutuaUy  chosen,  or  if  they  cannot 
agree  in  a  choice,  or  if  the  owners  upon  due  notice  shall  neglect  or  re- 
fuse to  join  in  the  choice,  then  to  be  appointed  by  one  of  the  judges  of 
the  circuit  court  of  the  district  of  Columbia,  and  having  tendered  the 
appraised  value  so  as  aforesaid  to  be  made,  it  shall  be  lawful  to  cut,  dig, 
take,  and  carry  away  any  logs,  stone,  gravel,  sand,  or  earth  most  conve- 
niently situate  for  making  or  repairing  said  road ;  and  it  shall  and  may 
be  lawful  for  the  said  president  and  directors,  or  a  majority  of  them,  to 
agree  with  the  owners  of  any  ground  to  be  occupied  by  the  road,  and 
the  necessary  toll  houses  and  gates  for  the  right  thereof;  and  in  case  of 
disagreement,  or  in  case  the  owner  thereof  shall  be  a  feme  covert,  under 
age,  non  compos,  or  out  of  the  district,  on  application  to  one  of  the 
judges  of  the  said  circuit  court,  the  said  judge  shall  issue  a  warrant, 
directed  to  the  marshal  of  the  district,  to  summon  a  jury  of  twenty-four 
inhabitants  of  the  district  of  Columbia,  of  property  and  reputation,  not 
related  to  the  j^arties,  nor  in  any  manner  interested,  to  meet  on  the  land 
to  be  valued,  at  a  day  to  be  expressed  in  the  warrant,  not  less  than  ten, 
nor  more  than  twenty  thereafter ;  and  the  marshal  upon  receiving  the 
said  warrant,  shall  forthwith  summon  the  said  jury,  and  when  met,  pro- 
vided there  be  not  less  than  twelve,  shall  administer  an  oath  or  affirma- 
tion to  every  juryman  that  shall  appear,  that  he  shall  faithfully,  justly 
and  impartially,  value  the  lands  and  all  damages  the  oWner  thereof  shall 
sustain,  by  opening  the  road  through  such  land,  according  to  the  best 
of  his  skill  and  judgment,  and  that  the  inquisition  thereupon  taken, 
shall  be  signed  by  the  marshal  and  by  the  jurymen  present,  and  returned 
by  the  marshal  to  the  clerk  of  the  county,  to  be  by  him  recorded;  and 
upon  every  such  valuation,  the  jury  is  hereby  directed  to  describe  and 
ascertain  the  bounds  of  the  land  by  them  valued ;  and  their  valuation 
shall  be  conclusive  upon  all  persons,  and  shall  be  paid  by  the  president 
and  directors  to  the  owner  of  the  land  or  his  or  her  legal  representative, 
and  on  payment  thereof,  said  land  shall  be  taken  and  occupied  for  a 
public  road  and  for  the  necessary  toll  houses  and  gates,  for  ever.  The 
said  president  and  directors  shall  cause  the  said  road  to  be  laid  out,  not 
exceeding  eighty  feet  in  width,  twenty-four  feet  whereof  in  breadth,  at 
least,  shall  be  made  an  artificial  road  of  stone,  gravel  or  other  hard  sub- 
stance, of  sufficient  depth  or  thickness,  to  secure  a  solid  and  firm  road, 
with  a  surface  as  even  as  the  materials  will  admit,  and  so  nearly  level 

2Z 


ProviM. 


Property  thro> 
which  the  romd 
it  to  pats,  bow 
to  be  condemn- 
ed. 


Proceedingi. 


Dimensionf 
and  quality  of 
the  road. 


644 


TENTH  CONGRESS.    Sus.  U.  Cb.  33.  34.    1809. 


Penalty  for 
OTftding  the 
payment  of 


ProTifo. 


toll  shall  be  do  longer  collected  thereon ;  and  said  company  shall  an- 
nually make  returns  to  said  circuit  court  of  the  amount  of  tolls  collected, 
and  of  their  necessary  expenses,  so  as  to  enable  said  circuit  court  to 
determine  when  said  toU  shall  cease. 

Sec.  13.  And  be  it  Jurther  enacted^  That  if  any  person  or  persons, 
riding,  in,  or  driving  any  carriage  of  any  kind,  or  leading,  riding  or 
driving  any  horses,  sheep,  hogs,  or  any  kind  of  cattle  whatever,  on  said 
road,  shall  pass  through  any  private  gate,  bars  or  fence,  or  over  any 
private  way  or  passage,  or  pass  through  any  toll-gate  under  any  pretended 
privilege  or  exemption,  to  which  he  or  she,  or  they,  may  not  be  entitled, 
or  do  any  act  or  thing  with  intent  to  lessen  or  evade  the  tolls  for  passing 
through  the  gates  established  under  this  act,  such  person  or  persons,  for 
every  such  offence,  shall  forfeit  to  the  said  president  and  directors,  not 
less  than  three,  nor  more  than  ten  dollars,  to  be  recovered  before  any 
justice  of  the  peace,  with  costs,  in  the  same  manner  that  small  debts  are 
recoverable :  Provided,  that  it  shall  not  be  lawful  for  the  company  to  ask, 
demand  or  receive  from  or  for  persons  living  on  or  adjacent  to  the  said 
road,  who  may  have  occasion  to  pass  by  said  road  upon  the  ordinary 
business  relating  to  their  farms,  so  far  as  the  limits  of  the  same  may 
extend  on  the  road,  who  shall  not  have  any  other  convenient  road  or 
way  by  which  they  may  pass  from  one  part  to  another  part  thereof,  any 
toll  for  passing  on  or  by  the  said  turnpike. 

Approved,  March  3, 1809. 


Statute  II. 
March  3, 1809. 

Act  of  July 
II,  1798,  ch.  72. 

Act  of  March 
S,  1799,  ch.  37. 

Aaffroentation 
of  the  marine 
corps  anthorix- 
ed. 


Term  of  es- 
tablishroenti. 


Statute  II. 

March  3,1809. 

[Obsolete.] 
Farther  appro- 
priation. 


Act  of  April 
18,  1796,  ch.  13. 

Act  of  April 
81, 1806,  ch.  48. 

Act  of  March 
8, 1811,  ch.  30. 

Appropriation 
for  an  additional 
clerk  in  the  sn- 
perintendent'a 
office. 


Chap.  XXXIII. — An  Act  authorizing  an  augmentation  of  the  Marine  Corpa,(a) 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  President  of  the  United 
States  shall  be,  and  he  is  hereby  authorized  to  cause  the  marine  corps  in 
the  service  of  the  United  States,  to  be  augmented,  by  the  appointment 
and  enlistment  of  not  exceeding  one  major,  two  captains,  two  first  lieu- 
tenants, one  hundred  and  eighty-five  corporals,  and  five  hundred  and 
ninety-four  privates,  who  shdl  be  respectively  allowed  the  same  pay, 
bounty,  clothing  and  rations,  and  shall  be  employed  under  the  same 
rules  and  regulations  to  which  the  said  marine  corps  are,  or  shall,  be 
entitled  and  subject. 

Sec.  2.  And  be  it  further  enacted,  That  from  and  after  the  passage 
of  this  act,  all  enlistments  in  the  said  corps,  shall  be  for  the  term  of  five 
years,  unless  sooner  discharged,  any  law  to  the  contrary  notwithstanding. 

Approved,  March  3, 1809. 


Cbap.  XXXIV.— yfn  Act  supplemental  to  the  act  intituled  **An  act  for  establish- 
ing trading  houses  with  the  Indian  tribesJ*\b^ 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  a  sum,  not  exceeding 
forty  thousand  dollars,  in  addition  to  the  sum  heretofore  appropriated 
for  the  purpose  of  carrying  on  trade  and  intercourse  with  the  Indian 
nations,  in  the  manner  prescribed  by  the  act,  intituled  "An  act  for 
establishing  trading  houses  with  the  Indian  tribes,"  be,  and  the  same  is 
hereby  appropriated,  to  be  paid  out  of  any  monies  in  the  treasury  of  the 
United  States,  not  otherwise  appropriated. 

Sec.  2.  And  be  it  further  enacted.  That  the  sum  of  eight  hundred 
dollars  be,  and  the  same  is  hereby  appropriated  out  of  any  monies  in 
the  treasury  of  the  United  States  not  otherwise  appropriated,  for  an 
additional  clerk  in  the  office  of  the  superintendent  of  Indian  trade. 


(a)  See  notes  of  the  acti  pawed  relating  to  the  Marine  Corpe,  yoI.  i.  694. 
(h)  See  notes  to  the  act  of  April  18,  1796,  chap.  13. 


TENTH  CONGRESS.    Sub.  IL  Ch.  96.    1809. 


545 


Sac.  3.  And  be  it  further  enacted.  That  tbe  pronso  to  the  twelfUi 
section  of  tbe  act,  intitaled  '<  An  act  for  establishing  trading  houses 
with  the  Indian  tribes/'  be,  and  the  same  is  hereby  repealed. 

Sbc.  4.  And  be  it  Jurther  enacted^  That  the  act  to  which  this  is  a 
sopplement,  and  also  this  act,  shall,  from  and  after  the  twenty-first  day 
of  April  next,  commence  and  be  continued  in  force,  for  and  during  the 
term  of  three  years,  and  no  longer. 

Approted,  March  3, 1809. 


8p«eUlo  ip. 
propiiatioiii. 


AproTuoofa 
former  law  re- 
pealed. 

Act  of  April 
SI,  1806,  ch.  48. 

Continoance 
of  thia  act  and 
of  the    one  to 
which   it   is    a 
eapplement. 

Statute  II. 

t  far  the.  nmportcf  the  Military     liuchS,1800. 
United  States^  for  the  year  one  thoueand    


Chap.  XXX VI.— ^n  Jict  making 
eetabHshmentj  and  of  the  Navy  of  the 
eight  hundred  and  nine* 

Be  it  enacted  by  the  Senate  and  House  ofRepresentatines  of  the  United 
States  of  America  in  Congress  assembled,  That  for  defraying  the  expense 
of  the  military  establishment  of  the  United  States  for  the  year  one  thou- 
sand eight  hundred  and  nine,  for  the  Indian  department,  and  for  the 
expense  of  fortifications,  arsenals,  magazines  and  armories,  the  following 
sums  be,  and  the  same  hereby  are  respectively  appropriated,  that  is  to  say : 

For  the  pay  of  the  army  of  the  United  States,  eight  hundred  and 
sixty-eight  thousand  two  hundred  and  forty  dollars. 

For  forage,  sixty-four  thousand  six  hundred  and  twenty-four  dollars. 

For  subsistence,  six  hundred  and  forty-one  thousand  two  hundred 
and  twenty-eight  dollars  and  thirty-five  cents. 

For  clothing,  two  hundred  and  ninety-three  thousand  two  hundred 
and  3ixty-four  dollars. 

For  bounties  and  premiums,  fifteen  thousand  dollars. 

For  the  medical  and  hospital  departments,  forty-five  thousand  dollars. 

For  camp  equipage,  fuel,  tools  and  transportation,  two  hundred  and 
seventy  thousand  dollars. 

For  ordnance,  seventy-five  thousand  dollars. 

For  purchasing  horses,  saddles  and  bridles  for  the  light  dragoons,  and 
for  the  light  artillery  fifty-one  thousand  seven  hundred  and  twenty  dol- 
lars. 

For  forage  for  the  horses  for  the  regiment  of  light  artiUery,  ten  thou- 
sand eisht  hundred  dollars. 

For  fortifications,  arsenals,  magazines  and  armories,  two  hundred  and 
nineteen  thousand  and  thirty-four  dollars  and  seventy-five  cents. 

For  purchasing  maps,  plans,  books  and  instruments,  two  thousand 
five  hundred  dollars. 

For  contingencies,  fifty  thousand  dollars. 

For  the  salary  of  clerks  employed  in  the  military  agent's  ofiSces,  and 
in  the  office  of  inspector  of  the  army,  three  thousand  five  hundred  dol- 
lars. 

For  the  Indian  department,  one  hundred  and  twenty-five  thousand  six 
hundred  dollars. 

For  the  purpose  of  paying  James  Powell,  late  coUector  of  Savannah, 
the  amount  of  monies  advanced  by  him  to  Solomon  Ellis,  contractor 
for  supplying  rations  to  the  troops  of  the  United  States,  in  the  state  of 
Georgia,  induding  a  commission  of  two  per  centum  to  the  collector, 
twenty-seven  thousand  six  hundred  and  twenty-one  dollars  and  eight 
cents. 

For  the  purpose  of  paying  Ferdinand  Phinizy,  late  contractor  for  sup> 
plying  the  troops  in  Georgia,  a  balance  due  to  him  as  admitted  by  the 
comptroller  of  the  treasury,  on  the  twenty-fourth  of  July,  one  thousand 
seven  hundred  and  ninety-nine,  one  thousand  three  hundred  and  ninety- 
three  dollars  and  thirty-nine  cents. 

Sec.  2.  And  be  it  further  enacted,  That  for  defraying  the  expenses 
of  the  navy  of  the  United  States,  during  the  year  one  thousand  eight 

Vol.  II.— eD  2  z  2 


546  TENTH  CONGRESS.    Sess.  n.  Ch.  36.    1809. 

Bpeeifie  ap-   hundred  and  nine,  the  following  sanui,  including  therein  the  sum  of 

propriatioiM.       four  hundred  thousand  dollars,  already  appropriated  by  an  act,  intituled 

1809,  ch.  11.    *'  An  act  authorizing  the  employment  of  an  additional  naval  force,"  the 

following  sums  be,  and  the  same  are  hereby  respectively  appropriated, 

that  is  to  say : 

For  the  pay  and  submstence  of  the  officers,  and  pay  of  the  seamen, 
one  million  three  hundred  and  twenty-three  thousand  and  seventy-seven 
dollars. 

For  provisions,  five  hundred  and  sixty-seven  thousand  seven  hundred 
and  sixty-five  dollars. 

For  medicines,  instruments  and  hospital  stores,  thirty-five  thousand 
dollars. 

For  repairs  of  vessels,  four  hundred  and  forty-five  thousand  doUars. 

For  freight,  store  rent,  commissions  to  agents,  and  other  contingent 
expenses,  one  hundred  and  fifty  thousand  dollars. 

For  pay  and  subsistence  of  the  marine  corps,  including  provisions 
for  those  on  shore,  and  forage  for  the  staff,  one  hundred  and  thirty-five 
thousand  six  hundred  and  forty-seven  dollars  and  seventy  cents. 

For  clothing  for  the  same,  thirty-two  thousand  nine  hundred  and 
thirty-three  doUars  and  eighty  cents. 

For  military  stores  for  the  same,  one  thousand  three  hundred  and 
fifty-four  dollars. 

For  medicines,  medical  services,  hospital  stores,  and  all  other  ex- 
penses on  account  of  the  sick  belonging  to  the  marine  corps,  two  thou- 
sand dollars. 

For  quartermasters  and  barrack-masters'  stores,  officers'  travelling 
expenses,  armorers  and  carpenters'  bills,  fuel,  premiums  for  enlisting, 
musical  instruments,  bounty  to  music,  and  other  contingent  expenses  of 
the  marine  corps,  fourteen  thousand  one  hundred  and  twenty-five  dol- 
lars. 

For  the  expense  of  navy-yards,  comprising  dock  and  other  improve- 
ments, pay  of  superintendents,  storekeepers,  clerks  and  labourers,  sixty 
thousand  dollars. 

For  ordnance  and  small  arms,  one  hundred  and  fifty  thousand  dol- 
lars. 

Sbo.  3.  And  be  ii  further  enacted,  That  the  several  sums  specifically 
appropriated  by  this  act,  shall  be  paid  out  of  any  monies  in  the  treasury 
not  otherwise  appropriated. 

Approvsi>,  March  3, 180P 


ACTS  OF  THE  ELEVENTH  CONGRESS 


UNITED  STATES, 

Passed  at  the  first  session,  which  was  begun  and  hM  ai  the  CUy  of 
Washingtan,  in  the  District  of  CobaMa,  on  Monday ,  the  twenty^ 
second  day  of  May,  1809,  and  ended  on  the  tweniy^hih  day  of 
June,  1809. 

James  Mabison,  President;  George  Clinton,  Vice  President  of  the 
United  States  and  President  of  the  Senate;  Andrew  Gregg,  Pre- 
sident of  the  Senate  pro  tempore,  on  the  28th  of  June ;  J.  B.  Va&num, 
Speaker  of  the  House  of  Representatives. 


STATUTE  I. 

CBAmR  1.— iJfi  Jd  respecting  the  Mpe  or  veteek  owned  by  dHxens  or  subjects 
ef  foreign  nations  with  which  commercial  intercourse  is  permitted. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  from  and  after  the 
passing  of  this  act,  all  ships  or  vessels  owned  by  citizens  or  subjects  of 
any  foreign  nation  with  which  commercial  intercourse  is  permitted  by 
the  act,  entituled  '*An  act  to  interdict  the  commercial  intercourse  be- 
tween the  United  States  and  Great  Britain  and  France,  and  their  depen- 
dencies, and  for  other  purposes,"  be  permitted  to  take  on  board  cargoes 
of  domestic  or  foreign  produce,  and  to  depart  with  the  same  for  any 
foreign  port  or  place  with  which  such  intercourse  is,  or  shall,  at  the 
time  of  their  departure  respectively,  be  thus  permitted,  in  the  same  man- 
ner, and  on  the  same  conditions,  as  is  provided  by  the  act  aforesaid,  for 
vessels  owned  by  citizens  of  the  United  States ;  any  thing  in  the  said 
act,  or  in  the  act  laying  an  embargo  on  all  ships  and  vessels  in  the  ports 
and  harbors  of  the  United  States,  or  in  any  of  the  several  acts  supple- 
mentary thereto,  to  the  contrary  notwithstanding. 

Approved,  May  30,  1809. 


Cbap.  II.~^fi  M  making  further  appropriations  to  eon^lete  the  fort^kations 
commenced  for  the  security  (f  the  ports  and  harbors  of  the  United  States^  and  to 
erect  such  fort^lcations  as  may  be  necessary  for  the  protection  of  the  northern 
and  western  frontiers  of  the  united  States. 

Be  it  enacted  by  the  Senate  and  House  of  Representatioes  of  the  United 
States  of  America  in  Congress  assembled.  That  for  the  purpose  of 
completing  the  fortifications  commenced  for  the  security  of  the  seaport 
towns  and  harbors  of  the  United  States,  and  territories  thereof;  and  for 
erecting  such  fortifications  as  may,  in  the  opinion  of  the  President  of 
the  United  States,  be  deemed  necessary  for  the  protection  of  the  north- 
ern and  western  frontiers,  there  be  and  hereby  is  appropriated  the  sum 
of  seven  hundred  and  fifty  thousand  dollars,  to  be  paid  out  of  any 
monies  in  the  treasury,  not  otherwise  appropriated. 

Afproted,  June  14,  1809. 

647 


May  80,1809. 

[Obw>leto.] 

Act  of  March 
1, 1809,  ch.  24. 

Ships  and  vea- 
aela  of  foreign 
nationa  with 
which  inter, 
coarae    ia  per- 
mitted   bj    the 
act  of  March  1, 
1809,    ahall    be 
permitted  to 
take  cargoea 
and  depart  for 
anjr   port    with 
which  inter, 
conrae  ia  per- 
mitted. 

Conditiona. 


Statute  I. 
Jane  14, 1809. 


[Obaolete.] 

Specific  ap- 
propriation. 


648 


ELEVENTH  CONGRESS.    Sess.  I.  Ch.  3, 4.    1809. 


Statute  I. 
June  15, 1800. 

[Obfolete.] 
An  ageot  to 
be  appointed  to 
appear  before 
the  board  of 


for  a^Jnating 
land  titles  at 


Chap.  HI.— ^n  Jd  mMorizingikeappoifUmeta  ifofnfi^anifwiktlamdrfiffkitai 
KaiikaMa^  and  aUowing  campenmiHon  to  ike  eo/mmuaUmen  and  tkrk. 

Be  ii  enacted  by  the  Senate  and  House  ofRepresentaHves  of  the  United 
States  of  America  in  Congress  assembled^  That  the  SecreUiy  of  the  Trear 
8ury  be,  and  he  is  hereby  authorized  to  employ  an  ajrent,  whose  com- 
pensation shall  not  exceed  five  hundred  dollars  in  full  &r  all  his  services^ 
for  the  purpose  of  appearing  before  the  board  of  commissioners  for  ad- 
justing the  claims  to  land  m  the  Kaskaskia  district,  in  behalf  of  the 
United  States,  to  investigate  the  claims  for  land,  and  to  oppose  all  such 
as  he  may  deem  fraudulent  and  unfounded. 

Sec.  2.  And  he  it  farther  enacted.  That  five  hundred  dollars  shall  be 
allowed  to  each  of  the  said  commissioners  and  to  the  clerk  of  the  board, 
as  compensation  for  their  services,  rendered  in  the  year  one  thousand 
eight  hundred  and  eight 

Approved,  June  15, 1809. 


StatutkL 
Jnne  15, 1809. 


Act  of  March 
3,  1807,  ch.  35. 

Landa  ceded 
bj  the  Chero- 
keea,  &c.  &c.  to 
be  offered  for 
aale. 

Referrations, 
fto.  &c. 


The  aalea  to 
remain  open  for 
ail  weeks,  after 
which  the  landa 
maj  be  sold  at 
private  aale. 

Act  of  March 
3,1803. 


Compenaation 
to  anperintend- 
enta  of  aalea. 


Chap.  IV.— ^n  Jlct  tuppkmthtary  to  an  act,  entituled  ^^Jn  ad  making  tmnh 
priaiiont  for  carrying  into  ^ed  a  treaty  between  the  United  States  ana  the 
Chickasaw  tribe  cf  Indians ;  and  to  establish  a  land-qffice  in  the  Mississ^api 
Territory.^* 

Be  it  enacted  by  the  Senate  and  House  ofRm-esentatives  of  the  United 
States  of  America  in  Congress  assembled.  That  so  much  of  the  lands 
ceded  to  the  United  States  by  the  Cherokee  and  Chickasaw  Indians,  as 
lies  within  the  Mississippi  territory,  and  for  which  a  land-office  was 
directed  to  be  established,  by  the  second  section  of  the  act  to  which  this 
act  is  a  supplement,  shall,  with  the  exception  of  section  number  sixteen 
in  each  township,  which  shall  be  reserved  for  the  use  of  schools  within 
the  same,  and  with  the  exception  of  the  salt  springs  and  lands  conti- 
guous thereto,  which,  by  the  direction  of  the  President  of  the  United 
States,  may  be  reserved  for  the  future  diq[>osal  of  the  said  United  States, 
be  offered  for  sale  to  the  highest  bidder,  under  the  direction  of  the  regis- 
ter of  the  land-office  and  of  the  receiver  of  public  monies,  at  the  place 
where  the  land-office  is  established ;  and  on  the  day  or  days  which  shall 
have  been  designated  by  proclamation  of  the  President  of  the  United 
States  for  that  purpose,  the  sales  shall  remain  open  for  six  weeks,  and 
no  longer ;  the  lands  shall  not  be  sold  for  less  than  two  dollars  an  acre, 
and  shall  be  sold  in  tracts  of  the  same  size,  and  in  all  respects  on  the 
same  terms  and  conditions  as  have  been  or  may  be  by  law  provided  for 
the  sale  of  the  other  public  lands  in  the  Mississippi  territory.  All  the 
lands  of  the  United  States  in  the  said  district,  with  the  exceptions  above 
mentioned,  remaining  unsold  at  the  close  of  the  public  sales,  may  be 
disposed  of  at  private  sale,  by  the  register  of  the  land-office,  in  the  same 
manner,  under  the  same  regulations,  for  the  same  price,  and  on  the  same 
terms  and  conditions  as  are  or  may  be  provided  by  law,  for  the  sale  of 
the  lands  of  the  United  States  in  the  Mississippi  territory ;  and  patents 
shall  be  obtained  for  lands  sold  in  said  district,  in  the  same  manner,  and 
on  the  same  terms  as  are  provided  by  law  for  other  public  lands  sold  in 
the  Mississippi  territory. 

Sbc.  2.  And  be  it  harther  enacted,  That  the  superintendents  of  the 
public  sales,  directed  oy  this  act,  shall  each  receive  six  dollars  a  day,  for 
every  day's  attendance  on  the  said  sales. 

Approved,  June  15,  1809. 


ELEVENTH  GONQRESS.    8mu.  I.  Cb.  6,  7, 8.    180ft 


549 


Skatutb  I« 


[Expired.] 
Act  of  March 
28, 1806,  cb.  17, 
continued  in 
force  for  five 


Chat.  V.— «ffi  Jd  to  conHfuue  in  force  "^  aei  deelanfig  the  aM»eni  €f  Ckmgreu    jane  15, 1809. 

to  a  eerkdn  ad  ef  ike  daU  of  South  CaroUfia^  poMoed  the  twetdy^rd  ffDoum^   

&Br,  one  MoiMOfia  eigid  hundred  andfourJ'* 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  Untied 
States  rf  America  in  Congress  assenUtlea,  That  the  act  of  the  twenty- 
eighth  of  March,  one  thousand  eight  hundred  and  six,  entituled  <<An  act 
declaring  the  consent  of  Congress  to  an  act  of  the  state  of  South  Caro-  7«w. 
lina,  passed  on  the  twenty-first  day  of  December,  one  thousand  eight 
hundred  and  four,  so  far  as  the  same  relates  to  authorizing  the  city 
council  of  Charleston  to  impose  and  collect  a  duty  on  the  tonnage  of 
vessels  from  foreign  ports,"  be  and  the  same  is  hereby  continued  in 
force  from  the  passage  of  this  act  for  five  years,  and  thence  to  the  end 
of  the  next  session  of  Congress  thereafter,  and  no  longer. 

Approved,  June  15, 18§9. 


Chap.  YII«-nitfn  Jd  to  fie  the  time  for  the  next  meding  cf  Congrets. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  after  the  adjournment  of 
the  present  session,  the  next  meeting  of  Congress  shall  be  on  the  fourth 
Monday  of  November  next. 

Approvbd,  June  24, 1809. 


Statute  I. 

Jane  84, 1809. 

Congress  to 
meet  on  the 
fourth  Monday 
in  Not.  1809. 


Statute  I. 


Chap.  VUI.— ^n  Jd  for  Me  remimon  of  certain  penalties  and  forfeiiure$,  and    June  28, 1809, 
for  other  pwrpoees* 


Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  the  President  of  the 
United  States  be,  and  he  is  hereby  authorized  to  remit  any  penalty  or 
forfeiture  which  may  have  been  incurred  in  consequence  of  the  violation 
of  any  of  the  provisions  of  the  act,  entituled  "An  act  to  prohibit  the  im- 
portation of  riaves  into  any  port  or  place  within  the  jurisdiction  of  the 
United  States,  from  and  after  the  first  day  of  January,  in  the  year  of  our 
Lord,  one  thousand  eight  hundred  and  eight,"  by  any  person  who  may 
have  been  concerned  in  bringing  into  any  port  or  place  within  the  juris- 
diction of  the  United  States,  any  slave  or  slaves,  owned  by  any  person 
or  persons,  who  shall  have  been  forcibly  expelled  from  the  island  of 
Cuba,  by  order  of  the  government  thereof:  and  the  President  of  the 
United  States  is  hereby  further  authorized  to  release  all  vessels  and  other 
effects,  which  may  have  bieen  or  may  hereafter  be  seized  therefor:  PrO' 
vided,  that  he  shall  be  first  satisfied  in  every  case,  that  the  person  thus 
concerned  in  bringing  in  such  slave  or  slaves  as  aforesaid,  was  impelled 
thereto,  by  circumstances  which,  in  the  judgment  of  the  President  of  the 
United  States,  would  justify  the  act;  and  without  any  intention  on  the 
part  of  such  person  voluntarily  to  evade  any  of  the  provisions  of  the  act 
aforesaid:  And  provided  also,  that  such  slave  or  slaves  shall  have  been 
brought  into  the  United  States  in  the  same  vessel  and  at  the  same  time 
as  their  owner  or  owners  respectively. 

Sec.  2.  And  be  it  further  enacted.  That  the  President  of  the  United 
States  be,  and  he  is  hereby  authorized  to  make  any  arrangement  with 
the  minister  plenipotentiary  of  France,  which  he  may  deem  necessary 
and  proper  for  transporting  such  of  the  unfortunate  exiles  from  the  said 
idand  of  Cuba,  with  their  effects,  as  shall  desire  to  depart  from  the 
United  States  to  any  port  or  place  within  the  territories  of  France,  her 
colonies  or  dependencies,  any  law  to  the  contrary  notwithstanding: 
Provided,  that  the  vessels  transporting  the  same  shall  depart  only  in 
ballasty  and  without  taking  on  board  any  other  cargo  than  such  sea 


[Obsolete.] 
President  an. 
thorised  to  re- 
mit penalties 
and  forfeitures, 
in   the  ease  or 
certain  fugitives 
from    Cuba,  in. 
curred  under 
the  act  to  pro. 
hibit  the  impor- 
tation of  slaves. 
Act  of  March 
2, 1807,  cb.  22. 


ProTiso,  that 
the  President 
shall  be  satisfied 
that  the  person 
was  impelled  to 
import  the  slave 
or  slsves;   and 
provided,  the 
slave  has  been 
brought  in   the 
ssme  vessel 
with  the  owner. 

President  aa- 
thorised  to 
make  arrange, 
ments  with  the 
French  minister 
for  transporting 
the  exiles  to 
France,  fce.  fce. 


550 


ELEVENTH  CONGRESS.    Sess.  I.  Ch.  9.     1809. 


Apjiroprittioii.  stores  as  may  be  deemed  necessary  for  the  voyage  in  erery  case.  And 
to  enable  the  President  to  carry  into  effect  any  such  arrangement,  as 
well  as  for  supplying,  temporarily,  such  of  the  unfortunate  exiles  with  the 
necessaries  of  subsistence,  as  may  be  in  actual  want  thereof,  there  be 
appropriated  the  sum  of  fiAeen  thousand  dollars,  or  so  much  thereof  as 
may  be  necessary  for  these  objects,  to  be  paid  out  of  any  money  in  the 
treasury,  not  otherwise  appropriated :  Provided  however,  that  all  monies 
which  may  be  drawn  out  of  the  treasury,  in  virtue  of  this  act,  shall  be 
charged  to  the  French  government,  under  such  stipulations  for  reim- 
bursing the  same,  on  the  part  of  the  minister  plenipotentiary  of  France, 
as,  in  the  judgment  of  the  President,  may  be  deemed  proper  for  that 
object. 

Sec.  3.  And  he  it  further  enacted,  That  all  claim  and  demand  of  the 
United  States  to  any  monies  arising  from  the  sale  of  the  ship  Clara,  sold 
in  pursuance  of  a  decree  of  the  district  court  for  Orleans  district,  holden 
in  March,  one  thousand  eight  hundred  and  nine,  be,  and  the  same  is 
hereby  relinquished  and  remitted  to  Andrew  Foster  and  Jacob  P.  Giraud, 
late  owners  of  the  said  ship  Clara,  any  thing  in  any  former  law  to  the  con- 
trary notwithstanding. 

Approved,  June  28,  1809. 


Condi  tioni 
upon  which  it  if 
to  be  applied. 


Interest  ofthe 
U.  SUtei  in  the 
proceeds  of  tlie 
sole  of  the  Clara 
giren  up. 


Statute  II. 
June  28,  1809. 

[Expired.] 

Act  of  March 
1, 1809,  ch.  24. 

Certain  parts 
of  non.inter- 
coarse  law  con- 
tinued in  force. 

Third,  fourth, 
fiflh,  sixth, 
seventh,  eighth, 
ninth,  tenth, 
eleven^,  seven- 
teenth and  eigh- 
teenth sections. 

Not  to  be  con- 
strued to  affect 
the  commercial 
intercourse  per- 
mitted bj  the 
eleventh  sec* 
tion. 

Declaratory 
clause. 

.Proviso,  that 
all  penaltie8,8tc. 
shall  remain. 


Act  of  Dec. 
22,  1807,  ch.  6. 

Act  of  March 
1, 1809,  ch.  24. 


Vessels  pro- 
hibited fVom  go- 
ing to  interdict- 
ecTporU. 


Chap.  IX. — Jn  Jd  to  amend  and  continue  in  force  certain  paris  of  the  act  enH* 
tukd  ^^An  act  to  interdict  the  commercial  intercourse  between  the  United  SlaitB 
and  Great  Britain  and  Prance,  and  their  dependeneiee,  and  for  other  pur" 
posee.^* 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
Stales  of  America  in  Congress  assembled.  That  the  third,  fourth,  fiflh, 
sixth,  seventh,  eighth,  ninth,  tenth,  eleventh,  seventeenth  and  eighteenth 
sections  of  the  act,  entituled  "An  act  to  interdict  the  commercial  inter- 
course between  the  United  States  and  Great  Britain  and  France  and 
their  dependencies,  and  for  other  purposes,"  shall  continue  in  force  until 
the  end  ofthe  next  session  of  Congress:  Provided,  that  nothing  therein 
contained  shall  be  construed  to  prohibit  any  trade  or  commercial  inter- 
course which  has  been  or  may  be  permitted  in  conformity  with  the  pro- 
visions of  the  eleventh  section  of  the  said  act 

Sec.  2.  And  be  it  further  enacted,  That  all  acts  repealed,  or  men- 
tioned or  intended  to  be  repealed  by  the  said  act  to  interdict  commercial 
intercourse  between  the  United  States  and  Great  Britain  and  France, 
and  their  dependencies,  shall  be  and  remain  repealed,  notwithstandinff 
any  part  of  the  same  act  which  has  been  or  may  hereafter  be  revoked 
or  annulled,  or  which  may  expire  by  its  own  limitation :  Provided,  that 
all  the  penalties  and  forfeitures  which  may  have  been  incurred,  or  shall 
hereafter  be  incurred  on  account  of  any  infraction  of  the  act  laying  an 
embargo  on  all  ships  and  vessels  in  the  ports  and  harbors  of  the  United 
States,  or  of  any  of  the  acts  supplementary  thereto,  or  of  the  act  to 
enforce  and  make  more  effectual  an  act,  entituled  *'An  act  laying  an 
embargo  on  all  ships  and  vessels  in  the  ports  and  harbors  of  the  United 
States,"  or  of  any  of  the  provisions  of  the  act  to  interdict  the  commercial 
intercourse  between  the  United  States  and  Great  Britain  and  France  and 
their  dependencies,  and  for  other  purposes,  shall  after  the  expiration  of 
any  of  the  said  acts  or  of  any  provision  thereof,  be  recovered  and  dis- 
tributed in  like  manner  as  if  the  said  acts  and  every  provision  thereof 
had  continued  in  full  force  and  virtue. 

Sec.  3.  And  he  it  further  enacted.  That  during  the  continuance  of 
this  act,  no  ship  or  vessel,  except  such  as  may  be  chartered  or  employed 
for  the  public  service  by  the  President  of  the  United  States,  shall  be  per- 
mitted to  depart  for  any  foreign  port  or  place  with  which  commercial 
intercourse  has  not  been  or  may  not  be  permitted  by  virtue  of  this  act, 


ELEVENTH  CONGRESS.    Sbss.  I.  Ch.  10.    1809. 


551 


or  of  the  act  to  interdict  the  commercial  intercourse  between  the  United 
States  and  Great  Britain  and  France  and  their  dependencies,  and  for 
other  purposes.  And  no  ship  or  vessel  bound  to  a  foreign  port  or  place 
with  which  commercial  intercourse  has  been  or  may  be  thus  permitted, 
except  such  as  may  be  chartered  or  employed  as  aforesaid,  shall  be  al- 
lowed to  depart,  unless  the  owner  or  owners,  consignee  or  factor  of  such 
ship  or  vessel  shdl,  with  the  master,  have  given  bond  with  one  or  more 
sureties  to  the  United  States,  in  a  sum  double  the  value  of  the  vessel 
and  cargo,  that  the  vessel  shadl  not  proceed  to  any  port  or  place  with 
which  commercial  intercourse  is  not  thus  permitted,  nor  be  directly  or 
indirectly  engaged,  during 'the  voyage,  in  any  trade  with  such  port  or 
place.  And  if  any  ship  or  vessel  shall,  contrary  to  the  provisions  of  this 
section,  depart  from  any  port  of  the  United  States,  without  clearance,  or 
without  having  given  bond  in  the  manner  above  mentioned,  such  ship 
or  vessel,  together  with  her  cargo,  shall  be  wholly  forfeited,  and  the 
owner  <Nr  owners,  agent,  freighter  or  factors,  master  or  commander  of 
such  ship  or  vessel,  shall  moreover  severally  forfeit  and  pay  a  sum  equal 
to  the  value  of  the  ship  or  vessel,  and  of  the  cargo  put  on  board  the 
same :  Provided  always^  that  the  provisions  of  the  eleventh  section  of 
the  act  to  interdict  the  commercial  intercourse  between  the  United 
States  and  Great  Britain  and  France  and  their  dependencies,  and  for 
other  purposes,  shall  extend  to  the  prohibitions  imposed  by  this  section ; 
which  prohibitions  shall  cease  to  operate  in  the  manner  and  under  the 
limitations  prescribed  by  the  eleventh  section  aforesaid,  in  relation  to 
any  nation  with  which  commercial  intercourse  may  bereafler  be  per- 
mitted, in  conformity  with  the  provisions  of  the  eleventh  section  afore- 
said. 

Sec.  4.  And  he  it  Jurther  enadedy  That  all  penalties  and  forfeitures 
arising  under,  or  incurred  by  virtue  of  this  act,  shall,  during  the  con- 
tinuance and  after  the  expiration  thereof,  be  recovered  and  distributed, 
and  may  be  remitted  or  mitigated  in  the  manner  prescribed  by  the  act 
to  interdict  the  commercial  intercourse  between  the  United  Slates  and 
Great  Britain  and  France  and  their  dependencies,  and  for  other  purposes, 
and  the  acts  therein  referred  to. 

Sec.  5.  And  he  it  jwrther  enacted^  That  all  the  vessels  which  may 
have  arrived  at  any  port  or  place  within  the  United  States  from  Great 
Britain,  her  colonies  or  dependencies,  between  the  twentieth  day  of 
May  and  the  eleventh  of  June,  one  thousand  eight  hundred  and  nine, 
shall  be  exempted  from  all  the  forfeitures  and  penalties  incurred  in  con- 
sequence of  any  violation  of  any  of  the  provisions  of  the  said  act  to  in- 
terdict the  commercial  intercourse  between  the  United  States  and  Great 
Britain  and  France  and  their  dependencies. 

Approved,  June  28,  1809. 


Chap.  X. — An  Act  suppkmentarv  to  the  aet^  entitukd  **An  aet  makifig  further 
provinon  for  the  tujjport  cf  pub  tie  credit^  and  for  the  redemption  if  the  pubUe 
debt.'' 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled^  That  the  powers  vested  in 
the  commissioners  of  the  sinking  fund,  by  the  tenth  section  of  the  act  to 
which  this  act  is  a  supplement,  shall  extend  to  all  the  cases  of  reimburse- 
ment of  any  instalments  or  parts  of  the  capita],  or  principal,  of  the  public 
debt  now  existing,  which  may  become  payable  according  to  law.  And 
in  every  case  in  which  a  loan  may  be  made  accordingly,  it  shall  be  law- 
ful for  such  loan  to  be  made  of  the  Bank  of  the  Unitra  States,  any  thing 
in  any  act  of  Congress  to  the  contrary  notwithstanding. 

Approved,  June  28, 1809. 


Veneli  going 
to  ports  other 
than  forbidden 
ones  to  give 
bond,  &c.  &. 


ProTiBO,  th«t 
the  proTiaiont 
of  the  eleventh 
section  of  the 
act  of  March  1, 
1809,  ch.  24, 
shall  extend  to 

Srohibitiona  on- 
er this  section. 


Penalties  and 
forfeitures,  how 
to  be  recovered 
and  distributed. 

Act  of  March 
1,1809,ch.24. 


Veisels  which 
maj  have  arriv. 
ed  in  the  U. 
SUtes  between 
the  SOth  Bfay 
and  lith  June 
exempt  from 
forfeiture,  kc. 
ke. 


Statute  I. 
June  28, 1800. 

Act  of  March 
3, 1795,  ch.  46. 

Powers  of  the 
commissioners 
of  the    sinking 
fund  extended. 


5S3 


ELEVENTH  CONGRESS.    Sess.  I.  Ch.  11, 12, 14, 16, 16,    1809. 


Statuti  I. 
June  38, 1809. 

[Obsolete.] 
Specific    ap. 
propriation. 


Appropriation 
toderraytheez. 
pente  of  the 
temporary  Sen- 
ate room. 


Statute  I. 

Jane  28, 1809. 

[Obsolete.] 
Act  of  April 
12, 1808,  ch.  43. 


Statutx  I. 

Jane  28, 1809. 

[Obsolete.] 
Letters  and 
packets    from 
Thomas  Jeffer- 
son be  received 
and  conveyed 
by  post  free  of 
postage. 

Statute  I. 
Jane  28, 1809. 


Chat.  XI. — An  Act  making  an  appropriation  to  Jiniah  and  fumUh  the  Senate 
chamber^  and  for  other  purpoeet. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  tusemhled.  That  to  defray  the  expenses 
of  finishing  and  furnishing  the  permanent  Senate  chamber,  its  committee 
rooms,  lobbies  and  other  apartments,  the  sum  of  fifteen  thousand  dol- 
lars is  appropriated,  to  be  paid  out  of  any  monies  in  the  treasury  not 
otherwise  appropriated. 

Sec.  2.  And  be  it  further  enacted.  That  to  defray  the  expense  incur- 
red  in  fitting  up  the  temporary  Senate  chamber,  and  repairing  and  pro- 
viding articles  of  furniture,  the  further  sum  of  sixteen  hundred  dollars 
be  appropriated,  the  same  to  be  paid  out  of  any  monies  in  the  treasury 
not  otherwise  appropriated. 

Approyeo,  June  28, 1809. 


Crap.  Xll,~-An  Act  to  nupendfor  a  limited  time  the  rearuiting  sennee. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assemhied.  That  so  much  of  the  act 
entituled  <<  An  act  to  raise  for  a  limited  time  an  additional  military  force," 
as  authorizes  the  enlisting  of  men  for  the  term  of  five  years,  unless  sooner 
discharged,  be  and  the  same  is  hereby  suspended  until  twenty  days  after 
the  next  meeting  of  Congress. 

Approved,  June  28,  1809. 


Chap.  XlV.—An  Act  freeing  from  pottage  all  lettert  and  padkete  from  Thomae 

Ji^ereon, 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  all  letters  and  packets 
from  Thomas  Jefferson,  late  President  of  the  United  States,  dunng  his 
life,  shall  be  received  and  conveyed  by  post,  firee  of  postage. 

Approved,  June  28,  1809. 


Chap.  XV.— ^n  Act  making  appropriationB  for  dtfraying  the  earpenee  ffMHon- 
ery,  printings  and  all  other  contingent  expenaet  of  the  Senate  and  Houoe  ef 
JSiepreBentative§f  during  the  present  setnon  of  Congress* 

AppropriaUon.  Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  for  defraying  the  expense 
of  stationery,  printing,  and  all  other  contingent  expenses  of  the  Senate 
and  House  of  Representatives,  during  the  present  session  of  Congress, 
the  sum  of  nine  thousand  dollars  be,  and  the  same  hereby  is  appropriated, 
payable  out  of  any  money  in  the  treasury  not  otherwise  appropriated. 
Approved,  June  28, 1809. 


Statute  I. 


June  28, 1800.  Chap.  XVI.— ^n  Act  authorizing  the  accounting  tffieere  of  the  Treaaury  Depart-^ 
ment  to  give  credit  to  certain  eoUectors  of  the  euitomsfor  allowances  paid  by  them 
to  the  owners  and  crews  cfjishing  vessels. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  the  accounting  officers 
of  the  treasury  department  be,  and  they  are  hereby  authorized,  in  set- 
tling the  accounts  of  the  collectors  of  the  customs,  to  give  them  credit 
for  the  respective  sums  which  have  been  or  may  be  paid  for  allowances 
to  the  owners  and  crews  of  fishing  vessels,  in  lieu  of  drawback  of  the 


ELEVENTH  CONGRESS.    Sess.  I.  Ch.  17.    1809. 


553 


daties  paid  on  the  salt  used  by  the  same,  to  the  thirty-first  of  December, 
one  thousand  eight  hundred  and  seven. 
Approteo,  June  28,  1809. 


Chat.  X VIL— %Ai  M  eoneendng  the  Nawal  EtMlUkmenL 

Be  it  enaeied  by  the  Senate  and  House  of  Representaiives  of  the  United 
States  of  America  in  Congress  assembled^  That  the  President  of  the  United 
Sutes,  in  the  event  of  a  favourable  change  in  our  foreign  relations,  he  and 
he  is  hereby  authorized  to  ^use  to  be  discharged  from  actual  service 
and  laid  up  in  ordinary,  such  of  the  frigates  and  public  armed  vessels, 
as  in  his  judgment  a  due  regard  to  the  public  security  and  interest  will 
permit 

Sec.  2.  And  he  it  further  enacted,  That  so  much  of  the  first  section 
of  an  act,  entituled  "An  act  to  authorize  the  employment  of  an  addi- 
tional naval  force,"  passed  at  the  last  session  of  Congress,  as  requires 
the  public  armed  vessels  to  be  stationed  at  such  ports  and  places  on  the 
sesrcoast,  or  to  cruise  on  the  sea-coast  of  the  United  States  and  territories 
thereof,  be,  and  the  same  is  hereby  repealed. 

Apphotbd,  June  28, 1809. 


StatutbL 

Jane  S8,  ISOO. 

[OlMolete.] 
Pretident  in 
the  event  of  a  ik- 
▼oarnble  chnng« 
in  the  foreign 
relationi  author- 
ised todif. 
charge  and  lay 
up  in  ordinaiT 
raeh  of  the  ih- 
gatet  aiheihall 
think  proper. 

Act   of  Jan. 
SI,  1800,  eh.  11. 


Vol.  n.— 70 


SA 


ACTS  OF  THE  ELEVENTH  GONOBESS 


UNITED   STATES, 

Patsed  ai  the  second  session,  which  toas  begun  and  held  at  the  City  of 
Washington,  in  the  District  of  CobmUna,  on  Monday,  the  twenty^ 
seventh  day  of  November,  1809,  and  ended  on  thejirst  day  of  May, 
1810. 

James  Mabison,  President;  George  Clinton,  Vice  President  of  the 
United  States,  and  President  of  the  Senate;  Andrew  Gregg,  Presi- 
dent of  the  Senate  pro  tempore,  from  the  9th  to  the  19th  of  Decem- 
ber, 1809;  John  Gaillard,  President  of  the  Senate  pro  tempore,  on 
the  2d  of  March,  and  from  the  20th  of  April  to  the  1st  of  May,  1910; 
J.  B.  Varnum,  Speaker  of  the  House  of  Representatives. 


000. 9, 1800. 

[Obw>leto.] 
Ceitaiii  doen- 

menti  to  be  free 

ofpoftife. 


STATUTE  II. 

Chapter  I.— ^fi  JSjcI  to  authorize  the  transportation  of  certain  DoeumenU  fru 

qfpostage. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  ofAmericain  Congress  assembled.  That  the  members  of  Congress, 
the  secretary  of  the  Senate,  and  the  clerk  of  the  House  of  Representa- 
tives, be,  and  they  are  hereby  respectively  authorized  to  transmit  free  of 
postage,  the  message  of  the  President  of  the  United  States,  of  the  twenty- 
ninth  of  November,  one  thousand  eight  hundred  and  nine,  and  the  docu- 
ments accompanying  the  same,  printed  by  order  of  the  Senate,  and  by 
order  of  the  House  of  Representatives,  to  any  post-office  within  the 
United  States,  and  territories  thereof,  to  which  they  may  direct;  any  law 
to  the  contrary  notwithstanding. 

Approved,  December  9,  1809. 


Statute  II. 

Dec.  15, 1809. 

Act  of  May  7, 
1800,  ch.  41. 

Act  of  Feb. 
27, 1809, ch.  19. 

Governor  to 
apportion  the 
reprefcntatiTes, 
and  to  iuue  his 
writ  for  the  elec- 
tion. 


Aflerwardt  to 
be  apportioned 
by  the  general 
aitembly. 

Governor  to 
iMue  a  procla. 
nation  for  aup- 
plying  vacancy 
in  the  delega- 
tion to  Con- 
grett. 


Chap.  II. — jin  Jet  supplemental  to  an  act  entitukd  ^^An  ad  extending  the  right 
cfst^age  in  the  Indiana  territory,  and  for  other  purposes. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  the  governor  of  the  In- 
diana territory,  for  the  time  being,  be,  and  he  is  hereby  authorized  and 
empowered  to  apportion  the  representatives  among  the  several  counties 
in  said  territory,  as  he  shall  think  proper,  having  regard  to  the  numbers 
limited  in  the  fourth  section  of  the  act  to  which  this  is  a  supplement, 
and  to  issue  his  writ  for  the  election  of  such  representatives  agreeably 
to  the  apportionment  which  he  may  make,  at  such  time  as  he  shall  deem 
most  convenient  for  the  citizens  of  the  several  counties  in  said  territory. 

Sec.  2.  And  be  it  further  enacted,  That  so  soon  as  the  legislature  of 
said  territory  shall  be  convened,  the  number  of  representatives  in  each 
county  thereof  shall  be  regulated  by  the  general  assembly. 

Sec.  3.  And  be  it  further  enacted.  That  when  any  vacancy  shall 
occur  in  the  legislative  council,  by  death,  resignation  or  removal  from 
office,  or  when  from  either  of  said  causes  there  shall  be  no  delegate  from 
said  territory  to  the  Congress  of  the  United  States,  the  governor  shall 

554 


ELEVENTH  CONGRESS.    Sess.  II.  Ch.  3, 6, 8.     1810. 


666 


ill  either  case  be  authorized  to  issue  his  proclamation,  directing  an  deo- 
tion  to  be  held  to  supply  such  vacancy  according  to  law. 
Approyed,  December  15,  1809. 


Chap.  HI. — Jin  Act  extending  the  time  for  issuing  and  locating  military  land 

warrants. 

Be  ii  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembkd,  That  the  Secretary  of  War 
be  authorized  to  issue  military  land  warrants  to  such  persons  as  have  or 
shall,  before  the  first  day  of  March,  one  thousand  eight  hundred  and 
thirteen,  produce  to  him  satisfactory  evidence  of  the  validity  of  their 
claims ;  which  warrants,  with  those  heretofore  issued  and  not  yet  satis- 
fied, shall,  and  may  be  located  in  the  names  of  the  holders  or  proprie- 
tors thereof,  prior  to  the  first  day  of  October,  one  thousand  eight  hun- 
dred and  thirteen,  on  any  unlocated  parts  of  the  fifty  quarter  townships 
and  the  fractional  quarter  townships,  reserved  by  law  for  original  holders 
of  military  land  warrants. 

Approyeo,  December  19,  1809. 


Chap.  V.— .tfn  Jict  to  revive  and  continue  in  force  fur  a  further  timet  Ihe  first 
section  of  the  act  entituled  *^j8n  act  further  to  protect  the  commerce  and  seamen 
efthe  united  States,  against  the  Barbary  powers^ 

Be  it  enacted  by  the  Senate  and  House  of  Rmresentatives  of  the  United 
States  of  An^ca  in  Congress  assembled.  That  so  much  of  the  act 
passed  on  the  twenty-fiAh  day  of  March,*  one  thousand  eight  hundred 
and  four,  entituled  <' An  act  further  to  protect  the  commerce  and  seamen 
of  the  United  States,  against  the  Barbary  powers,"  as  is  contained  in 
the  first  section  of  the  said  act,  (and  which  was  revived  and  continued 
in  force,  for  the  time  therein  mentioned,  by  an  act,  entituled  ''An  act  to 
revive  and  continue  in  force,  for  a  further  time,  the  first  section  of  the 
act,  entituled  An  act  further  to  protect  the  commerce  and  seamen  of  the 
United  States,  against  the  Barbary  powers,"  passed  the  tenth  day  of 
January,  one  thousand  eight  hundred  and  nine,)  be,  and  the  same  hereby 
is  revived  and  continued  in  force,  until  the  fourth  day  of  March,  one 
thousand  eight  hundred  and  eleven :  Provided  however,  that  the  addi- 
tional duty  laid  by  the  said  section,  shall  be  collected  on  all  such  goods, 
wares  and  merchandise,  liable  to  pay  the  same,  as  shall  have  been  im- 
ported previous  to  that  day. 

Approved,  January  12,  1810. 


Statute  II. 
000.  19,  1809. 

[Obsolete.] 

Act  of  June 
9,  1794,  eh.  62. 

Act  of  March 
21, 1808,  ch.  37. 

Act  of  July 
5,  1813,  ch.  7. 

Secretarjr  uf 
War  may  issue 
certain  military 
land  warrants. 

Where  to  be 
located. 


Statute  II. 
Jan.  12,  1810. 

[Obsolete.] 

Act  of  March 
26, 1804,  ch.  46. 

♦  There  is  a 
misrecital  of  the 
act  of  1804.  It 
was  passed  on 
the  26th  March, 
1804. 

Revival  and 
continuance  in 
force  of  the  first 
section  of  the 
act  creating  the 
Mediterranean 
fund. 

Act  of  April 
21, 1806, ch.  38. 

Act  of  Jan. 
31, 1812,  ch.  IS. 

Proviso. 


Statute  II. 

Chap.  Vllh^^nJct  in  addition  to  the  ^^Jct  to  regulate  the  laying  out  and  mak^     peb.  14,  1810. 

ing  a  road  from  Cumberland,  in  the  state  of  Maryland,  to  the  state  (f  OAto.**(a) 

[Obsolete.] 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United      Specific  addi- 
States  of  America  in  Congress  assemblea,  That  in  addition  to  the  unex-   *»?°*^  appropri. 
pended  balance  of  the  sum  heretofore  appropriated  for  the  laying  out   ^^^°* 
and  making  a  road  from  Cumberland,  in  the  state  of  Maryland,  to  the      Act  of  March 
state  of  Ohio,  the  sum  of  sixty  thousand  dollars  be,  and  the  same  is  29, 1806,  ch.  19. 
hereby  appropriated,  and  to  be  expended  under  the  direction  of  the  Pre- 
sident of  the  United  States,  in  making  said  road  between  Cumberland 
in  the  state  of  Maryland,  and  Brownsville  in  the  state  of  Pennsylvania, 
commencing  at  Cumberland ;  which  sum  of  sixty  thousand  dollars,  shall 
be  paid  out  of  the  fund  reserved  for  laying  out  and  making  roads  to  the 
state  of  Ohio,  by  virtue  of  the  seventh  section  of  an  act,  passed  on  the 

(a)  See  notes  to  act  of  March  29, 1806,  chap.  19. 


666 


ELEVENTH  OONORESS.    Sns.ll.  Ch.  11, 12.    1810. 


Act  of  April 
8O»180S,ch.4O. 


Statute  n. 
Feb.  24, 1810. 

[Obiolete.] 
Mode  pro. 
■cribed  for  tbe 
purchase  at  pri. 
vate  lale  of  the 
public  landa  af- 
ter June  1,1810. 


Joab  Garret 
may  withdraw 
hit  entry. 


thirtieth  day  of  April,  one  thousand  eight  hundred  and  two,  entituled 
''An  act  to  enable  the  people  of  the  eastern  division  of  the  territory 
northwest  of  the  river  Ohio,  to  form  a  constitution  and  state  goyero- 
ment,  and  for  the  admission  of  such  state  into  the  Union  on  an  equal 
footing  with  the  original  states,  and  for  other  purposes." 
Appboteo,  February  14,  1810. 


Chap.  XI.— «^»  Jki  to  pracribe  the  mode  in  wMek  appUeaHtm  ihatt  be  i 
for  the  purehau  of  land  at  the  eeveral  land-ogkeei  and  for  the  reU^  ^  Jotb 
Garret. 

Be  ii  enacted  by  the  Senate  and  House  of  RepresentaHoes  of  the  United 
States  of  America  in  Congress  tusembled,  That^from  and  after  the  first 
day  of  June  next,  every  person  makmg  application  at  any  of  the  land- 
offices  of  the  United  States,  for  the  purchase  at  private  sale  of  a  tract 
of  land,  shall  produce  to  the  register  a  memorandum  in  writing,  describ- 
ing the  tract,  which  he  shall  enter  by  the  proper  number  of  the  section, 
half  section,  or  quarter,  (as  the  case  may  be,)  and  of  the  township  and 
range,  subscribing  his  name  thereto,  which  memorandum  the  r^^ister 
shall  file  and  preserve  in  his  office. 

Sec.  2.  And  be  it  further  enacted^  That  Joab  Garret  shall  be  per- 
mitted to  withdraw  his  entry,  made  on  the  second  day  of  September, 
one  thousand  eight  hundred  and  seven,  at  the  land-office  at  Vincennes, 
from  the  northwest  quarter  section,  number  two,  township  number  seven, 
south  range  number  seven  west;  and  the  money  paid  by  him  on  the  said 
entry,  shall  be  placed  to  his  credit,  on  any  purchase  he  ^all  or  may  have 
made  of  public  land  in  the  same  district. 

Approved,  February  24,  1810. 


Statute  II. 


Feb.  24,  1810.     Chap.  XII.— .tfn  Ad  further  to 
vinees  if  danada  and  J 


Act  of  April 
7,  1798,  eh.  26. 

Act  of  Feb. 
18, 1801,  ch.  6. 

Act  of  March 
3, 1803,  ch.  35. 
Refugees  from 
Canada  and 
Nova  Scotia,  to 
transmit  their 
claims  to  land 
to  the  war  of- 
fice. 

Who  entitled 
to  the  benefits 
of  the  provi- 
sions of  this  act. 


provide  for  the  rtfugees  from  the  Brittsh  pro- 
fova  Scotia^  and  for  ot/ter  purpoeee. 


Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  all  persons  having  claims 
under  ihe  resolutions  of  Congress,  passed  the  twenty-third  day  of  April, 
one  thousand  seven  hundred  and  eighty-three,  and  the  thirteenth  of 
April,  one  thousand  seven  hundred  and  eighty-five,  as  refugees  from  the 
British  provinces  of  Canada  and  Nova  Scotia,  shall  transmit  to  the  war 
office,  within  two  years  after  the  passing  of  this  act,  a  just  and  true 
account  of  their  claims  to  the  bounty  of  Congress. 

Sec.  2.  And  be  it  further  enacted,  That  no  other  person  shall  be  enti- 
tled to  the  benefits  of  the  provisions  of  this  act,  than  those  of  the  follow- 
ing descriptions,  or  theis  widows  and  heirs,  viz :  First,  those  heads  of 
families  and  single  persons,  not  members  of  any  such  families,  who 
were  residents  in  one  of  the  provinces  aforesaid,  prior  to  the  fourth  day 
of  July,  one  thousand  seven  hundred  and  seventy-six,  and  who  aban- 
doned their  settlements,  in  consequence  of  having  given  aid  to  the 
united  colonies  or  states,  in  the  revolutionary  war,  against  Great  Britain, 
or  with  intention  to  give  such  aid,  and  continued  in  the  United  States, 
or  in  their  service  during  the  said  war,  and  did  not  return  to  reside  in 
the  dominions  of  the  king  of  Great  Britain,  prior  to  the  twenty-fifth  day 
of  November,  one  thousand  seven  hundred  and  eighty-three.  Secondly, 
the  widows  and  heirs  of  all  such  persons  as  were  actually  residents  as 
aforesaid,  who  abandoned  their  settlements  as  aforesaid,  and  died  within 
the  United  States,  or  in  their  service  during  the  said  war;  and  thirdly, 
all  persons  who  were  members  of  families  at  the  time  of  their  coming 
into  the  United  States,  and  who  during  the  war  entered  into  their  ser- 
vice. 


ELEVENTH  CONGRESS.    Ssss.  U.  Gh.  13.    1810. 


(USt 


Skc.  3.  And  be  it  fiaikir  enacted.  That  the  proof  of  the  Beveral  cir- 
cumstances necessary  to  entitle  the  applicants  to  the  benefits  of  this  act, 
may  be  taken  before  a  jadge  of  the  sapreine  or  district  court  of  the 
United  States,  or  a  judge  of  the  supreme  or  superior  court,  or  the  first 
justice  or  first  judge  of  the  court  of  common  pleas,  or  county  court  of 
any  state. 

Sec.  4.  And  he  it  further  enacted,  That  at  the  expiration  of  fifteen 
months  from  and  after  the  passing  of  this  act,  and  from  time  to  time 
thereafter,  it  shall  be  the  duty  of  the  secretary  for  the  department  of 
war,  to  lay  such  evidence  of  claims  as  he  may  have  received,  before  the 
secretary  and  comptroller  of  the  treasury,  and  with  them  proceed  to 
examine  the  testimony,  and  give  their  judgment,  what  quantity  of  land 
ought  to  be  allowed  to  the  individual  claimants,  in  proportion  to  the 
degree  of  their  respective  services,  sacrifices  and  sufferings,  in  conse- 
quence of  their  attachment  to  the  cause  of  the  United  States;  allowing 
to  those  of  the  first  class  a  quantity  not  exceeding  one  thousand  acres, 
and  to  the  last  class  a  quantity  not  exceeding  one  hundred,  makins  such 
intermediate  classes,  as  the  resolutions  aforesaid  and  distributive  justice 
may,  in  their  judgment  require,  and  make  report  thereof  to  Congress. 
And  in  case  any  such  claimant  shall  have  sustained  such  losses  and 
sufferinffs,  or  performed  such  services  for  the  United  States,  that  he  can- 
not justly  be  classed  in  any  one  general  class,  a  separate  report  shall  be 
made  of  his  circumstances,  together  with  the  quantity  of  land  that  ought 
to  be  allowed  him,  having  reference  to  the  foregoing  ratio :  Promded, 
that  in  considering  what  compensation  ought  to  be  made  by  virtue  of 
this  act,  all  ffrants,  except  military  grants,  which  may  have  been  made 
by  the  United  States  or  individual  states,  shall  be  considered  at  the  just 
value  thereof,  at  the  time  the  same  were  made  respectively,  either  in 
whole  or  in  part,  as  the  case  may  be,  a  satisfaction  to  those  who  may 
have  received  the  same:  Provided  also,  that  no  claim  under  this  law 
shall  be  assignable,  until  after  report  made  to  Congress  as  aforesaid,  and 
until  the  said  lands  be  granted  to  the  persons  entitled  to  the  benefit  of 
this  act 

Sec.  5.  And  he  it  further  enacted.  That  all  claims  in  virtue  of  said 
resolutions  of  Congress,  which  shall  not  be  exhibited  as  aforesaid,  within 
the  time  by  this  act  limited,  shall  for  ever  thereafter  be  barred :  Provided, 
that  no  patent  shall  be  issued  to  any  person  who  may  hereafter  establish 
his  claim  under  the  said  act,  until  he  produce  satisfactory  evidence  to 
the  Secretary  of  the  Treasury,  that  he  is  at  the  time  then  being,  a  resi- 
dent within  the  United  States. 

Approyeo,  February  24,  1810. 


Prooli,belbi« 
whom  to  be 
taken. 


Secretuy   of 
War  to  lay  the 
evidence   of 
olaimi  before 
the  secretary 
and  comptroller 
of  the  trearary, 
and  with  them 
to  decide  apon 
the  meaniie  of 
relief. 


In  whateaeee 
•eparate  reports 
are  to  be  made. 


Proviso. 


Proviso. 


Claims  to  be 
exhibited, 
otherwise    bar- 
red. 

Proviso. 


Statutx  II. 


Chap.   XIII.— .^n  Jet  making 

during  the  year  one  ii 


for  the  eupport  cf  Qooemmenl    Feb.  86, 1810. 

eight  hundred  and  ten^  ^^^    , 

^  [Obsolete.] 


Be  it  enacted  hy  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  for  the  expenditure  of 
the  civil  list,  in  the  present  year,  including  tlie  contingent  expenses  of 
the  several  departments  and  offices;  for  the  compensation  of  the  several 
loan  officers  and  their  clerks,  and  for  books  and  stationery  for  the  same; 
for  the  payment  of  annuities  and  grants;  for  the  support  of  the  mint 
establishment;  for  the  expense  of  intercourse  with  foreign  nations;  for 
the  support  of  lighthouses,  beacons,  buoys  and  public  piers;  for  defray- 
in|r  the  expenses  of  surveying  the  public  lands,  and  for  satisfying  certain 
miscellaneous  claims,  the  f<3lowing  sums  be,  and  the  same  hereby  are 
respectively  appropriated,  that  is  to  say : 

For  cooopensation  granted  by  law  to  the  members  of  the  Senate  and      Speeifio  ap. 
House  of  Representatives,  their  officers  and  attendants,  estimated  for  a  piopriations« 

3a2 


558  ELEVENTH  CONGRESS.    Sess.  U.  Ch.  13,     1810. 

Speeifio  ap-  session  of  four  months  and  a  half  continuance,  two  hundred  and  one 
propriAtioiis.        thousand  four  hundred  and  twenty-five  dollars. 

For  the  expense  of  firewood,  stationery,  printing,  and  all  other  con- 
tingent expenses  of  the  two  houses  of  Congress,  thirty-four  thousand 
dollars. 

For  all  contingent  expenses  of  the  library  of  Confess,  and  for  the 
librarian's  allowance  for  the  year  one  thousand  eight  nundred  and  ten, 
eight  hundred  dollars. 

For  compensation  to  the  President  and  Vice  President  of  the  United 
States,  thirty  thousand  dollars. 

For  compensation  to  the  Secretary  of  State,  clerks  and  persons  em- 
1806,  ch.  41.  ployed  in  that  department,  including  the  sum  of  one  thousand  four  hun- 
dred and  seventy-eight  dollars  for  compensation  to  his  clerks,  in  addition 
to  the  sum  allowed  by  the  act  of  the  twenty-first  of  April,  one  thousand 
eight  hundred  and  six,  fourteen  thousand  and  thirty-eight  dollars. 

For  the  incidental  and  contingent  expenses  of  the  said  department, 
one  thousand  three  hundred  and  fifty  dollars. 

For  printing  and  distributing  the  laws  of  the  first  and  second  session 
of  the  eleventh  Congress,  and  printing  the  laws  in  newspapers,  six  thou- 
sand two  hundred  and  fifty  dollars. 

For  compensation  to  the  Secretary  of  the  Treasury,  clerks  and  per- 
sons employed  in  his  office,  including  the  sum  of  one  thousand  dollars 
for  clerk  hire,  in  addition  to  the  sum  allowed  by  the  act  of  the  twenty- 
first  of  April,  one  thousand  eight  hundred  and  six,  sixteen  thousand 
seven  hundred  dollars. 

For  the  expense  of  translating  foreign  languages,  allowance  to  the 
person  employed  in  transmitting  passports  and  sea  letters,  and  for  sta- 
tionery in  the  office  of  the  Secretary  of  the  Treasury,  one  thousand 
dollars. 

For  compensation  to  the  comptroller  of  the  treasury,  clerks  and  per- 
1806,  ch.  41.  sons  employed  in  his  office,  including  the  sum  of  one  thousand  six  hun- 
dred and  thirty-nine  dollars,  for  compensation  to  his  clerks,  in  addition 
to  the  sum  allowed  by  the  act  of  the  twenty-first  of  April,  one  thousand 
eight  hundred  and  six,  fourteen  thousand  six  hundred  and  sixteen 
dollars. 

For  expense  of  stationery,  prmting  and  incidental  and  contingent 
expenses  of  the  comptroller's  office,  eight  hundred  dollars. 

For  compensation  to  the  auditor  of  the  treasury,  clerks  and  persons 
employed  in  his  office,  twelve  thousand  two  hundred  and  twenty-one 
dollars. 

For  expense  of  stationery,  printing,  and  incidental  and  contingent 
expenses  of  the  auditor's  office,  five  hundred  dollars. 

For  compensation  to  the  treasurer,  clerks  and  persons  employed  in 
his  office,  six  thousand  two  hundred  and  twenty-seven  dollars  and  forty- 
five  cents. 

For  expense  of  stationery,  printing,  and  incidental  and  contingent 
expenses  in  the  treasurer's  office,  three  hundred  dollars. 

For  compensation  to  the  register  of  the  treasury,  clerks  and  persons 
employed  in  his  office,  sixteen  thousand  and  fif^y-two  dollars  and  two 
cents. 

For  compensation  to  the  messenger  and  doorkeeper  of  the  register's 
office,  for  stamping  and  arranging  the  ship  registers,  ninety  dollars. 

For  expense  of  stationery,  printing  and  all  other  incidental  and  con- 
tingent expenses  in  the  register's  office,  including  books  for  the  public 
stocks,  and  for  the  arrangement  of  the  marine  records,  two  thousand 
eight  hundred  dollars. 

For  fuel  and  other  contingent  and  incidental  expenses  of  the  treasury 
department,  four  thousand  dollars. 

For  defraying  the  expense  of  printing  and  stating  the  public  accoants 


ELEVENTH  CONGRESS.    Sess.  II.  Ch.  13.    ISIO.  669 

for  the  year  one  thousand  eight  hundred  and  ten,  one  thousand  two      Speemo  ap. 
hundred  dollars.  proprUtioni. 

For  the  purchaae  of  books,  maps  and  charts,  for  the  use  of  the  trea- 
sury department,  four  hundred  dollars. 

For  compensation  to  a  superintendent  employed  to  secure  the  build- 
ings and  records  of  the  treasury  department,  during  the  year  one  thou- 
sand eight  hundred  and  ten,  including  the  expense  of  two  watchmen, 
the  repairs  of  two  fire  engines,  buckets,  lanterns,  and  other  incidental 
and  contingent  expenses,  one  thousand  one  hundred  dollars. 

For  compensation  to  the  secretary  of  the  commissioners  of  the  sink- 
ing fund,  two  hundred  and  fifty  dollars. 

For  compensation  to  the  Secretary  of  War,  clerks,  and  persons  em- 
ployed in  his  office,  eleven  thousand  two  hundred  and  fifly  dollars. 

For  expense  of  fuel,  stationery,  printing,  and  other  contingent  expenses 
of  the  office  of  the  Secretary  of  War,  one  thousand  dollars. 

For  compensation  to  the  accountant  of  the  war  department,  clerks, 
and  persons  employed  in  h'm  office,  ten  thousand  nine  hundred  and  ten 
dollars. 

For  contingent  expenses  in  the  office  of  the  accountant  of  the  war 
department,  one  thousand  dollars. 

For  compensation  to  the  clerks  employed  in  the  paymaster's  office, 
three  thousand  four  hundred  dollars. 

For  contingent  expenses  in  the  said  office,  two  hundred  dollars. 

For  compensation  of  additional  clerks  in  the  office  of  the  superin- 
tendent of  Indian  trade,  eight  hundred  dollara 

For  compensation  to  the  purveyor  of  public  supplies,  clerks,  and  per- 
sons employed  in  his  office,  and  for  expense  of  stationery,  store  rent  and 
fuel  for  the  said  office,  four  thousand  six  hundred  dollars. 

For  compensation  to  the  Secretary  of  the  Navy,  clerks,  and  persons 
employed  in  his  office,  nine  thousand  eight  hundred  and  ten  dollars. 

For  expense  of  fuel,  stationery,  printing,  and  other  contingent  expenses 
in  the  said  office,  two  thousand  dollars. 

For  compensation  to  the  accountant  of  the  navy,  clerks  and  persons 
employed  in  his  office,  ten  thousand  four  hundred  and  ten  dollars. 

For  contingent  expenses  in  the  office  of  the  accountant  of  the  navy, 
one  thousand  dollars. 

For  compensation  to  the  Postmaster-General,  assistant  Postmaster- 
General,  clerks  and  persons  employed  in  the  Postmaster-General's  office,  18O6,  ch.  41. 
including  the  sum  of  one  thousand  five  hundred  and  forty-five  dollars, 
for  compensation  to  clerks,  in  addition  to  the  sum  allowed  by  the  act  of 
the  twenty-first  of  April,  one  thousand  eight  hundred  and  six,  sixteen 
thousand  dollars. 

For  expense  of  fuel,  candles,  house  rent  for  the  messenger,  stationery, 
chests,  &c.  pertaining  to  the  Postmaster-General's  office,  two  thousand 
five  hundred  dollars. 

For  compensation  to  the  several  loan  officers,  thirteen  thousand  two 
hundred  and  fifly  dollars. 

For  compensation  to  the  clerks  of  the  commissioners  of  loans,  and 
for  allowances  to  certain  loan  officers,  in  lieu  of  clerk  hire,  and  to 
defray  the  authorized  expense  of  the  several  loan  offices,  fifteen  thou- 
sand dollars. 

For  compensation  to  the  surveyor-general  and  his  clerks,  three  thou- 
sand two  hundred  dollars. 

For  compensation  to  the  surveyor  of  the  lands  south  of  the  state  of 
Tennessee,  clerks  employed  in  his  office,  and  for-  stationery,  and  oth^ 
contingencies,  three  thousand  two  hundred  dollars. 
For  compensation  to  the  officers  of  the  mint : 

The  director,  two  thousand  dollars. 


560  ELEVENTH  CONGRESS.    Sess.  II.  Ch.  13.    1810. 


^.         The  treasurer,  one  thousand  two  hundred  dollars. 
propriatioBs.  The  asaayer,  one  thousand  five  hundred  dollars. 

The  chief  coiner,  one  thousand  five  hundred  dollars. 

The  melter  and  refiner,  one  thousand  five  hundred  dollars. 

The  engraver,  one  thousand  two  hundred  dollars. 

One  clerk,  at  seven  hundred  dollars. 

And  two  clerks,  at  five  hundred  dollars  each,  one  thousand  dollars. 

For  wages  to  the  persons  employed  in  the  different  branches  of  melt- 
ing, coining,  carpenter's,  millwright's  and  smith's  work,  including  the 
sum  of  one  thousand  dollars  per  annum,  allowed  to  an  assistant  coiner 
and  die  forger,  who  also  oversees  the  execution  of  the  iron-work,  and 
of  six  hundred  dollars  per  annum  allowed  to  an  assistant  engraver,  eight 
thousand  dollars. 

For  repairs  of  furnaces,  cast-rollers  and  screws,  timber,  bar-iron,  lead, 
steel,  potash,  and  for  all  other  contingencies  of  the  mint,  two  thousand, 
seven  hundred  and  seventy-five  dollars. 

For  compensation  to  the  governor,  judges  and  secretary  of  the  terri- 
tory of  Orleans,  thirteen  thousand  doUars. 

For  expense  of  stationery  and  other  contingent  expenses  of  said  terri- 
tory, three  hundred  and  fifty  dollars. 

For  compensation  to  the  governor,  judges  and  secretary  of  the  Missis- 
sippi territory,  seven  thousand  eight  hundred  dollars. 

For  expense  of  stationery,  office  rent  and  other  contingent  expenses 
of  said  territory,  three  hundred  and  fifty  dollars. 

For  compensation  to  the  governor,  judges  and  secretary  of  the  Indiana 
territory,  six  thousand  six  hundred  dollars. 

For  expense  of  stationery,  office  rent  and  other  contingent  expenses 
of  said  territory,  three  hundred  and  fifly  dollars. 

For  compensation  to  the  governor,  judges  and  secretary  of  the  Michi- 
gan territory,  six  thousand  six  hundred  dollars. 

For  expense  of  stationery,  office  rent  and  other  contingent  expenses 
of  the  said  territory,  three  hundred  and  fifty  dollars. 

For  compensation  to  the  governor,  judges  and  secretary  of  the  Louis- 
iana territory,  six  thousand  six  hundr^  dollars. 

For  expense  of  stationery,  office  rent  and  pther  contingent  expenses 
of  the  said  territory,  three  hundred  and  fifty  dollars. 

For  compensation  to  the  governor,  judges  and  secretary  of  the  Dlinois 
territory,  six  thousand  six  hundred  dollars. 

For  expense  of  stationery,  office  rent  and  other  contingent  expenses 
of  said  territory,  three  hundred  and  fifty  dollars. 

For  the  discharge  of  such  demands  against  the  United  States,  on  ac- 
count of  the  civil  department,  not  otherwise  provided  for,  as  shall  have 
been  admitted  in  a  due  course  of  settlement  at  the  treasury,  two  thou- 
sand dollars. 

For  additional  compensation  to  the  clerks  in  the  several  departments 
of  state,  treasury,  war  and  navy,  and  of  the  general  postroffice,  not  ex- 
ceeding for  each  department  respectively,  fifteen  per  centum,  in  addi- 
tion to  the  sums  allowed  by  the  act,  entituled  '*An  act  to  regulate  and 
1806,  eh.  41.  fix  the  compensation  of  clerks,  and  to  authorize  the  laying  out  certain 
public  roads,  and  for  other  purposes,"  thirteen  thousand  two  hundred 
and  sixty-nine  dollars  and  thirty-two  cents. 

For  compensation  ^[ranted  by  law,  to  the  chief  justice,  the  associate 
judges  and  district  judges  of  the  United  States,  including  the  chief 
justice  and  two  associate  judges  for  the  district  of  Columbia ;  to  the 
attorney-general,  and  to  the  district  judge  of  the  territory  of  Orleans, 
fifty-nine  thousand  four  hundred  dollars. 

For  the  like  compensation  granted  to  the  several  district  attorneys  of 
the  United  States,  three  thousand  four  hundred  dollars. 


ELEVENTH  CONGRESS.    Skm.  II.  G«.  la    1810.  fiQl 

For  compenaation  granted  to  the  several  marshals  for  the  districts  of       SjMcUle  ap- 
Maine,  New  Hampshire,  Vermont,  New  Jersey,  North  Carolina,  Ken-  proprimtioM. 
tucky,  Ohio,  East  igdd  West  Tennessee  and  Orleans^  two  thousand  two 
hundred  dollars. 

For  defraying  the  expenses  of  the  supreme,  pircuit  and  district  courts 
of  the  United  States,  including  the  district  pf  Columbia,  and  of  jurors 
and  witnesses,  in  fud  of  the  funds  arising  from  fines,  forfeitures  and 
penalties,  imd  for  defraying*the  expenses  of  prosecutions  for  offences 
against  the  United  States,  and  for  the  safe  keeping  of  prisoners,  forty 
thousand  dollars. 

For  the  payment  of  sundry  pensions  granted  by  the  late  government, 
nine  hundred  and  sixty  dollars. 

For  the  payment  of  the  annual  allowance  to  the  invalid  pensioners  of 
the  United  States,  from  the  fifth  of  March,  one  thousand  eiffht  hundred 
and  ten,  to  the  fourth  of  March,  pne  thousand  eight  hundred  and  eleven, 
ninety-eight  thousand  dollars. 

For  the  maintenance  and  support  of  lighthouses,  beacons,  buoys  and 
public  piers,  stakeages  of  channels,  bars  and  shoals,  and  certain  contin- 
gent expenses,  sixty-eight  thousand  one  hundred  and  thirty-one  dollars 
and  four  cents. 

For  erecting  a  lighthouse  on  St.  Simon's  island,  in  Georgia,  and 

eacing  buoy  or  buoys  on  or  near  the  bar  of  St  Simon's,  being  the 
Jance  of  former  appropriations  carried  to  the  surplus  fund,  nine  thou- 
sand and  fiAy  dollars. 

For  erecting  a  beacon  and  placing  buoys  near  the  entrance  of  Savan- 
nah river,  being  an  expense  incurred  under  the  act  of  the  sixteenth  day 
of  July,  seventeen  hundred  and  ninety-eight,  (a  former  appropriation  for 
the  same  object  having  been  carried  to  the  credit  of  the  surplus  fund,) 
two  thousand  four  hundred  and  ninety-four  dollars  and  eighty-nine 
cents. 

For  erecting  lighthouses  at  the  mouth  of  the  Mississippi  river,  and  at 
or  near  the  pitch  of  Cape  Ijookout,  in  North  Ci^rolina,  bei|^  the  amouut 
of  an  additional  appropriation  carried  to  the  surplus  fund,  fifty-five  thou- 
sand dollars. 

For  building  a  lighthouse  at  Naushawn  island,  near  Tarpaulin  cove, 
in  Massachusetts,  being  a  balance  of  former  appropriation  carried  to  the 
surplus  fund,  two  thousand  four  hundred  ^d  seyenty-five  dollars. 

For  rebuilding  the  lighthouse  on  North  island,  at  the  entrance  of 
Winyaw  bay,  ip  South  Carolina,  being  the  amount  of  appropriation  car- 
ried to  the  surplus  fund,  twenty  thousand  ddlars. 

For  finng  buoys  and  stakes  in  and  along  the  channel  in  Winyaw  bay, 
leading  to  the  harbor  of  Georgetown,  Soum  Carolina,  being  the  amount 
of  sppropriation  carried  to  the  surplus  fund,  one  thousand  five  hundred 
dollars. 

For  erectin^r  a  lighthouse  on  Point  Judith,  Rhode  Island,  in  addition 
to  the  appropniition  heretofore  made  fpr  that  purpose,  tyvo  hundred  dol- 
lars. 

For  defraying  the  e^qpense  of  9unreyin|r  the  public  lands  vithip  tKe 
several  territories  of  the  United  States,  thirty  thousand  dollars. 

For  repaying  the  Bank  of  the  United  States,  a  sum  advanced  to  the 
lajte  cpUector  of  New  Orleans,  to  enable  him  to  pay  drawbacksi  one 
hundred  thousand  dollars. 

For  expenses  of  intercourse  with  foreign  nations,  forty-nine  thousand 
four  hundred  dollars. 

For  the  contingent  expenses  of  intercourse  with  foreign  nations,  fifty 
thousand  dollars. 

Fof  expi^ses  of  intercourse  with  the  Barbary  powers^  fifty  thousand 
dollara. 

Vol.  n.— 71 


562 


ELEVENTH  CONGRESS.    Sess.  H.  Ch.  14.    1810. 


Spedlie  ap. 
propriatioiu. 


1790,  eh.  34. 


Statute  II. 

March  2,  1810. 
[Obffolete.] 


Specific  ap. 
propriationi. 


For  the  contingent  expenses  of  intercourse  with  the  Barbary  powers, 
fiAy  thousand  doUars. 

For  the  relief  and  protection  of  distressed  American  seamen,  includ- 
ing the  sum  of  twenty  thousand  dollars  to  reimburse  the  bankers  of  the 
United  States  in  London,  and  others,  sums  heretofore  advanced  by  them 
for  this  object,  twenty-fire  thoasand  dollars. 

For  expenses  of  prosecuting  claims  and  appeals  in  the  courts  of  Great 
Britain,  in  relation  to  captures  of  American  vessels,  and  defending 
causes  elsewhere,  six  thousand  dollars. 

To  enable  the  accounting  officers  of  the  treasury  formally  to  pass  the 
accounts  of  Timothy  Pickering,  late  secretary  for  the  department  of 
state,  the  sum  of  seventy-eight  thousand  five  hundred  and  eighty-three 
dollars  and  eleven  cents,  being  the  amount  of  former  appropriations  of 
monies  received  and  expended  by  him  in  that  department,  by  the  appli- 
cation of  surpluses  in  some  articles  and  appropriations  to  others  in 
which  the  appropriations  were  deficient 

For  the  discharge  of  such  miscellaneous  claims  against  the  United 
States  not  otherwise  provided  for,  as  shall  have  been  admitted  in  due 
course  of  settlement  at  the  treasury,  four  thousand  dollars. 

Sec.  2.  And  he  it  further  enacted,  That  the  several  appropriations 
herein  before  made,  shall  be  paid  and  discharged  out  of  the  fund  of  six 
hundred  thousand  dollars,  reserved  by  an  act  making  provision  for  the 
debt  of  the  United  States,  and  out  of  any  monies  in  the  treasury  not 
otherwise  appropriated. 

Approved,  February  26,  1810. 


Chap.  XIV. — Jn  Jd  making  appropriations  for  the  support  cf  the  Navy  of  the 
United  States^  for  the  year  one  thousand  eight  hundred  and  ten. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  for  defraying  the  ex- 
penses of  the  navy  of  the  United  States,  during  the  year  one  thousand  eight 
hundred  and  ten,  the  following  sums  be,  and  the  same  are  hereby  respec- 
tively appropriated,  that  is  to  say : 

For  the  pay  and:  subsistence  of  the  officers,  and  pay  of  the  seamen, 
seven  hundred  and  eighteen  thousand  one  hundred  and  fifteen  dol- 
lars. 

For  provisions,  three  hundred  and  fifty-three  thousand  six  hundred 
and  ten  dollars  and  eighty-four  cents. 

For  medicines,  instruments  and  hospital  stores,  sixteen  thousand 
dollars. 

For  repairs  of  vessels,  one  hundred  and  fifty  thousand  dollars. 

For  freight,  store  rent,  commissions  to  agents  and  other  contingent 
expenses,  seventy-five  thousand  dollars. 

For  pay  and  subsistence  of  the  marine  corps,  including  provisions  for 
those  on  shore  and  forage  for  the  staflT,  one  hundred  and  forty  thousand 
one  hundred  and  twenty-one  dollars  and  forty  cents. 

For  clothing  for  the  same,  thirty-eight  thousand  three  hundred  and 
ninety-four  dollam  and  seventy  cents. 

For  miliUry  stores  for  the  same,  one  thousand  three  hundred  and 
ninety-eight  dollars  and  seventy-five  cents. 

For  medicines,  medical  services,  hospital  stores  and  all  other  expenses 
on  account  of  the  sick  belonging  to  the  marine  corps,  two  thousand 
dollars. 

For  quartermasters  and  barrack-masters'  stores,  officers'  travelling 
expenses,  armorers  and  carpenters'  bills,  fuel,  premiums  for  enlisting, 
musical  instruments,  bounty  to  music,  and  other  contingent  expenses  of 
the  marine  corps,  fifteen  thousand  dollars. 


ELEVENTH  CONGRESS.    Sbss.  II.  Ch.  15, 16.     1810. 

For  the  expenses  of  navy  yards,  comprising  dock  and  other  improve- 
ments, pay  of  superintendents,  storekeepers,  clerks  and  labourers,  seventy- 
five  thousand  dollars. 

For  ordnance  and  small  arms,  seventy-five  thousand  dollars. 

Sec.  2.  And  be  it  further  enacted.  That  the  several  sums  specifically 
appropriated  by  this  act,  shall  be  paid  out  of  any  monies  in  the  treasury 
not  otherwise  appropriated. , 

Approved,  March  2,  1810. 


563 


Statute  n. 


Specific    ap- 
propriatioM. 


Chap.  XV,— .4?n  Act  makir^  apprnpriatioru  for  the  tupport  of  the  Military    March  2,  1810. 
eslablithmerU  if  the  United  States^  for  the  year  one  thousand  eight  hundred  and 
ten,  [Obaolete.l 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  for  defraying  the  ex- 
penses of  the  military  establishment  of  the  United  States,  for  the  year 
one  thousand  eight  hundred  and  ten,  for  the  Indian  department,  and  for 
the  expense  of  fortifications,  arsenals,  magazines  and  armories,  the  fol- 
lowing sums  be,  and  the  same  hereby  are  respectively  appropriated,  that 
is  to  say : 

For  the  pay  of  the  army  of  the  United  States,  eight  hundred  and  sixty- 
nine  thousand  nine  hundred  and  sixty-eight  dollars. 

For  forage,  sixty-four  thousand  six  hundred  and  twenty-four  dollars. 

For  subsistence,  six  hundred  and  eighty-five  thousand  five  hundred 
and  thirty-two  dollars  and  five  cents. 

For  clothing,  two  hundred  and  ninety-three  thousand  eight  hundred 
and  four  dollars. 

For  bounties  and  premiums,  thirty  thousand  dollars. 

For  the  medical  and  hospital  departments,  fifly  thousand  dollars. 

For  camp  equipage,  fuel,  tools  and  transportation,  two  hundred  and 
seventy  thousand  dollars. 

For  ordnance,  two  hundred  thousand  dollars. 

For  fortifications,  arsenals,  magazines  and  armories,  including  two 
thousand  dollars  for  such  a  number  of  additional  military  storekeepers 
as  may  be  required,  two  hundred  and  eighty-three  thousand  five  hundred 
and  seventy-four  dollars  and  seventy-five  cents. 

For  purchasing  maps,  plans,  books  and  instruments,  two  thousand  five 
hundred  dollars. 

For  contingencies,  fifly  thousand  dollars. 

For  the  salary  of  clerks  employed  in  the  military  agents'  ofiices,  and 
in  the  office  of  inspector  of  the  army,  three  thousand  five  hundred  dol- 
lars. 

For  the  Indian  department,  one  hundred  and  forty-six  thousand  six 
hundred  dollars. 

Sec.  2.  And  be  it  further  enacted,  That  the  several  sums  specifically 
appropriated  by  this  act,  shall  be  paid  out  of  any  monies  in  the  treasury 
not  otherwise  appropriated. 

Approved,  March  2,  1810. 


Statute  IT. 


Obi  p.  XVI.— ^n  Aei  far  the  appointment  of  an  additional  judge^  and  extend-^  March  a,  1810. 

ingthe  right  <f  storage  to  the  eiiizent  of  Madison  county^  in  the  Mississippi 

territory.  [Obiolete.] 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United  The   ciUzeni 

States  of  America  in  Congress  assembled,  That  the  citizens  of  Madison  cou^tV^to'*  elect 

county,  in  the  Mississippi  territory,  qualified  according  to  law,  be  and  one  raprewota. 


864 


ELEVENTH  OONGRESS.    B&b.  U.  Ch.  17.    1810. 


tiY«  tad  to  TOta 
IbroDedele^ttf 
from  the  ternto- 
ly  to  CoBgroH. 


Additionftl 
Judge  to  be  ap. 
pointed  to  reside 
In  ICadiion 
eofiBtj. 


1804,  6h.  B9. 


Superior  eoart 
of  AdamieoQii. 
ty  may  re-eiam- 
ine,  and  roTone 
or  affirm  the 
jodgmenta  of 
Waahingtoo  and 
ICadiaon  eonrta. 


When  acting 
aa  an  appellate 
eoart,  snperior 
court  of  Adams 
to  consist  of  two 
jadges. 

Legislatare 
anthorized  to 
establish   supe- 
rior courts. 


Part  of  a  for- 
mer  act  repeal- 
ed. 

1804,  ch.  69. 


Statute  II. 
March  26, 1810. 

[Obsolete.] 
A  general 
efldmeration  to 
be  made  under 
the  superintend- 
ence of  the  mar- 


they  are  hereby  authorized  to  elect  oikie  representative  to  the  general 
assembly  of  said  territory,  and  also  to  vote  for  one  delegate  fr<Mn  said 
territory,  to  the  Congress  of  the  United  States,  which  election  shall  be 
held  at  the  same  lime,  and  in  the  same  manner  as  iisor  may  be  provided 
by  law  for  the  elections  in  the  several  counties  of  said  territory. 

Sec.  2.  And  be  it  further  enacted,  That  an  additional  judge  shall  be 
appointed  for  the  Mississippi  territory,  who  shall  reside  in  said  county 
of  Madison,  and  have  the  same  compensation,  which  is  by  law  allowed 
to  the  other  judges  of  said  territory,  and  shall  possess  and  exercise  the 
same  powers  and  jurisdiction  within  said  county,  which  are  possessed 
and  exercised  in  the  county  of  Washington  in  said  territory,  by  the 
judge  appointed  by  virtue  of  an  &ct,  entituled  *'An  act  for  the  appoint- 
ment of  tn  idditiofia]  judge  f<Mr  the  Mississippi  territory  and  for  other 
Purposes,"  passed  the  twenty-seventh  of  March,  one  thousand  eight 
undred  and  fonr. 

Sec.  3.  Ahd  he  it  further  enacted.  That  all  final  judgmefnts  and  de- 
crees, I'endered  in  the  superior  courts  of  said  counties  of  Washington 
and  Madison,  may  be  re-examined  and  reversed  or  affirmed,  by  the  supe- 
rior court  of  Adams  county  in  said  territory,  upon  a  writ  of  error  issued 
from  said  superior  court;  which  said  snperior  court  is  hereby  empowered, 
upon  the  reversal  of  any  judgment  or  decree  of  said  courts  of  Washing- 
ton and  Madison  counties,  to  render  such  judgment  as  the  court  from 
whence  the  cause  may  have  been  removed  ought  to  have  rendered; 
except  where  a  jury  may  be  reqofisite  to  try  issues  or  assess  damages. 
In  which  cases  the  cause  shall  be  remanded  to  the  court  where  it  origi- 
nated ;  there  to  be  proceeded  in.  And  said  superior  court  of  Adams 
coutity,  when  sitting  o6  the  trial  of  any  cause  removed  as  aforesaid, 
shall  be  composed  of  not  less  than  two  judges. 

Sec.  4.  And  be  it  further  enacted.  That  the  legislature  of  said  terri- 
tory shall  have  power  afid  is  hereby  authorized,  to  esubKsh  a  Superior 
court  in  esch  county,  Which  has  been  or  may  be  formed  within  the 
bounds  which  compose  the  former  district  or  county  of  Washington,  to 
be  holden  by  the  judge  who  holds  the  superior  court  of  Washington 
county  in  said  territory,  which  courts  and  the  courts  of  Madison  county 
t6  be  holden  at  such  times  and  places  as  said  legislature  may  direct. 
And  all  final  judgments  afid  decrees  to  be  rendered  by  any  superior 
court  so  established,  may  be  re-examined  and  reversed  or  affirmed  in  the 
manner  prescribe  by  the  third  sectibn  of  this  act,  and  the  conditions  on 
which  any  writ  of  error  shall  be  obtained,  and  all  other  proceedings 
relative  thereto,  may  be  regulated  by  said  legislattire. 

Sec.  5.  And  be  it  furtJ^  enacted,  That  so  much  of  the  act,  efitituled 
"An  «tct  fdr  the  appointment  of  an  additional  judge  for  the  Mississippi 
territory,  and  for  other  purposes,"  passed  the  twenty-seventh  day  of 
Mfetrch,  one  thousand  eight  hundred  and  four,  as  comes  within  the  pur- 
view of  this  act,  be,  and  the  same  is  hereby  repealed. 

Ai^RovED,  March  fa,  1810. 


Chap.  XVII. — Jin  Act  providing  for  the  third  untui  or  enumeration  of  the  in- 
habitanti  of  the  United  States.^a) 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  AmeHea  in  Congress  assembled.  That  the  marshals  of  the  seve- 
ral districts  of  the  United  States  and  of  the  district  of  Columbia,  and  the 
secretaries  of  the  Mississippi  territory,  of  the  Indiana  territ6ry,  of  the 
Michigan  territory,  of  the  Illinois  territory,  of  the  Louisiana  territ6ry,  and 


(0)  See  ttotes  lo  act  of  March  1, 1790,  chap.  3,  vol.  i.  101. 


ELEVENTH  GONGRESS.    Sne.  II.  Cto.  17.    1810. 


66S 


of  the  Orleans  territory  respectively  shall  be«  and  they  are  hereby  antho- 
rized  and  required,  under  the  direction  of  the  Secretary  of  State,  and 
according  to  such  instructions  as  he  shall  give  pursuant  to  this  act,  to 
cause  the  number  of  the  inhabitants  within  their  respective  districts  and 
territories  to  be  taken,  omitting  in  such  enumeration  Indians  not  taxed, 
and  distinguishing  free  persons,  including  those  bound  to  service  for  a 
term  of  years,  frotti  all  others;  distinguishing  also  the  sexes  and  colours 
of  free  persons,  and  the  free  males  under  ten  years  of  age;  and  those  of 
ten  years  and  under  sixteen ;  those  of  sixteen  and  Under  twenty-six ;  those 
of  twenty-«ix  and  under  forty-five;  those  of  forty-five  and  upwards. 
And  distingni^tig  free  females  under  ten  years  of  age ;  those  of  ten 
yean  and  under  sixteen ;  those  of  sixteen  and  under  twenty-six^  those 
of  twenty-six  and  under  forty-five;  those  of  forty-five  and  upwards;  for 
effecting  of  which,  the  marriials  and  secretaries  aforesaid  shall  have 
power,  and  hereby  are  respectively  authorized  and  required,  to  appoint 
one  or  more  assistants  in  each  bounty  and  city,  in  their  respective  dis- 
tricts and  territories,  residents  of  the  county  and  city  for  which  they 
shall  be  appointed,  and  shall  assign  a  certain  division  of  his  district  or 
territory  to  each  assistant,  which  division  shall  not  consist  of  more  than 
one  county  or  city ;  but  may  consist  of  one  or  more  towns,  townships, 
wards,  hundreds,  or  parishes,  plainly  and  distinctly  bounded  by  water 
courses,  mountains,  public  roads  or  other  monuments:  and  the  said 
enumeration  shall  be  made  by  an  actual  inquiry  at  every  dwelling- 
house,  or  of  the  head  of  every  family  within  each  district,  and  not  other- 
wise :  the  marshals  or  secretaries,  as  the  case  may  be,  and  their  assist- 
ants, shall  respectively  take  an  oath  or  affirmation,  before  some  judge 
ot  justice  of  the  peace  resident  within  their  respective  districts  or  terri- 
tories, previous  to  their  entering  on  the  duties  by  this  act  required.  The 
oath  or  affirmation  of  the  marshal  or  secretary  shall  be  as  follows :  "  I, 
A.  B.  marshal  of  the  district  of  (or  secretary  of  the  terri- 

tory of  as  the  case  may  be)  do  solemnly  swear,  or  affirm, 

that  I  will  wen  and  truly  cause  to  be  made,  a  just  and  perfect  enumera- 
tion and  description  of  all  persons  resident  within  my  district,  (or  terri- 
tory) and  return  the  same  to  the  Secretary  of  State,  agreeably  to  the 
directions  of  an  act  of  Congress,  entitnled  An  act  providing  for  the  third 
census  or  enumeration  of  the  inhabitants  of  the  United  States,  accord- 
ing to  the  best  of  my  ability."  T*he  oath  or  affirmation  of  an  assistant 
shall  be ;  "I,  A.  B.  do  solemnly  swear  (or  affirm)  that  I  will  make  a 
just  and  perfect  enumeration  and  description  of  all  persons  resident 
within  the  division  assigned  to  me  for  that  purpose,  by  the  marshal  of 
(or  the  secretary  of  the  territory  of  as 

the  case  may  be)  and  make  due  return  thereof  to  the  said  marshal  (or 
secretary)  agreeably  to  the  directions  of  an  act  of  Congress,  entituled 
An  act  providing  for  the  third  census  or  enumeration  of  the  inhabitants 
of  the  United  States,  according  to  the  best  of  my  abilities."  The  enu- 
meration shall  commence  on  the  first  Monday  of  August  next,  and  shall 
close  withiif  nine  calendar  months  thereafter.  T*he  several  assistants 
shall,  within  the  said  nine  months,  transmit  to  the  marshals  or  secretaries, 
by  whom  they  shall  be  respectively  appointed,  accurate  returns  of  all 
persons,  except  Indians  not  taxed,  within  their  respective  divisions; 
which  returns  shall  be  made  in  a  schedule  distinguishing  in  each  county, 
city,  town,  township,  hundred,  ward  or  parish,  the  several  families,  by 
the  names  of  their  master,  mistress,  steward,  overseer,  or  other  principd 
person  therein,  in  the  manner  following,  that  is  to  say :  The  number  of 
persons  within  my  division,  consisting  of  appears  in  a 

schedule  hereto  annexed,  subscribed  by  me  this  day  of 

A.  B.  assisunt  to  the  marshal  of  or 

secretary  of 


Clanificatioii. 


Auiftanta  to 
be  appoiDted  by 
manhalB  and 
McretaiiM. 


Allotment  of 
diitricta. 


Oathe  of  mar- 
shall,  flfcc.  flfcc. 


3B 


566 


ELEVENTH  CONGRESS.    Suss.  U.  Ch.  17.    1810. 


PenalUei   For 
neslecting  or 
making  a  false 
return. 


Manhala  and 
■ecretariea  to 
file  the  aeTeral 
returna,  &c. 


Penalty. 


Judgea  of  the 
district  and  ter. 
ritorial  courts  to 
give  this  act  in 
charge  to  the 
grand  jurieB,and 
the  returns  of 
the  assistants. 


to  A.  B. 

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So 

Sec.  2.  iincf  6e  it  further  enacted.  That  every  assistant  failing  or 
neglecting  to  make  a  proper  return,  or  making  a  false  return  of  the 
enumeration  to  the  marshal,  or  the  secretary  (as  the  case  may  be)  within 
the  time  limited  by  this  act,  shall  forfeit  the  sum  of  two  hundred  dol- 
lars. 

Sec.  3.  And  be  it  farther  enacted^  That  the  marshals  and  secretaries 
shall  file  the  several  returns  aforesaid,  and  also  an  attested  copy  of  the 
aggfcgftlc  amount  herein  after  directed  to  be  transmitted  by  them  re- 
spectively to  the  Secretary  of  State,  with  the  clerks  of  their  respective 
districts,  or  superior  courts,  (as  the  case  may  be)  who  are  hereby  directed 
to  receive  and  carefully  preserve  the  same.  And  the  marshals  and  secre- 
taries, respectively,  shall,  on  or  before  the  first 'day  of  March,  one  thou- 
sand eight  hundred  and  eleven,  transmit  to  the  Secretary  of  State,  the 
aggregate  amount  of  each  description  of  persons  within  their  respective 
districts  or  territories.  And  every  marshal  or  secretary  failing  to  file 
the  returns  of  his  assistant  or  any  of  them,  with  the  clerks  of  their  re- 
spective courts  as  aforesaid,  or  failing  to  return  the  aggregate  amount 
of  each  description  of  persons  in  their  respective  districts  or  territories, 
as  required  by  this  act,  and  as  the  same  shall  appear  from  said  returns 
to  the  Secretary  of  State,  within  the  time  limited  by  this  act,  shall  for 
every  such  offence,  forfeit  the  sum  of  eight  hundred  dollars ;  all  which 
forfeitures  shall  be  recoverable  in  the  courts  of  the  districts  or  territories 
where  the  said  offences  shall  be  committed,  or  in  the  circuit  courts  to 
be  held  within  the  same,  by  action  of  debt,  information  or  indictment ; 
the  one  half  thereof  to  the  use  of  the  United  States,  and  the  other  half 
to  the  informer ;  but  where  the  prosecution  shall  be  first  instituted  on 
behalf  of  the  United  States,  the  whole  shall  accrue  to  their  use.  And 
for  the  more  effectual  discovery  of  such  offences,  the  judges  of  the  seve- 
ral district  courts  in  the  several  districts,  and  of  the  supreme  courts  in 
the  territories  of  the  United  States,  as  aforesaid,  at  their  next  sessions, 
to  be  held  afler  the  expiration  of  the  time  allowed  for  making  the  returns 
of  the  enumeration  hereby  directed  to  the  Secretary  of  State,  shall  give 
this  act  in  charge  to  the  grand  juries  in  their  respective  courts,  and  Sail 
cause  the  returns  of  the  several  assistants  and  the  said  attested  copy  of 
the  aggregate  amount  aforesaid  to  be  laid  before  them  for  their  inspection. 


ELEVENTH  CONGRESS.    Sess.  II.  Cii.  17.    1810. 


667 


Sec.  4.  And  be  it  further  enacted^  That  every  assistant  shall  receive 
at  the  rate  of  one  dollar  for  every  hundred  persons  by  him  returned, 
where  such  persons  reside  in  the  country ;  and  where  such  persons  re- 
side in  a  city  or  town,  containing  more  than  three  thousand  persons, 
such  assistant  shall  receive  at  the  rate  of  one  dollar  for  every  three  hun- 
dred persons ;  but  where,  from  the  dispersed  situation  of  the  inhabit- 
ants, in  some  divisions,  one  dollar  for  every  hundred  persons  shall  be 
insufficient,  the  marshals  or  secretaries,  with  the  approbation  of  the 
judges  of  their  respective  districts  or  territories,  may  make  such  further 
allowance  to  the  assistants  in  such  divisions  as  shall  be  deemed  an  ade- 
quate compensation ;  provided  the  same  does  not  exceed  one  dollar  and 
twenty-five  cents  for  every  fifly  persons  by  them  returned.  The  several 
marshals  and  secretaries  shall  receive  as  follows :  The  marshal  of  the 
district  of  Maine,  two  hundred  and  fifty  dollars;  the  marshal  of  the  dis- 
trict of  New  Hampshire,  two  hundred  and  fifly  dollars;  the  marshal  of 
the  district  of  Massachusetts,  three  hundred  dollars;  the  marshal  of  the 
district  of  Rhode  Island,  one  hundred  and  fifly  dollars ;  the  marshal  of 
the  district  of  Connecticut,  two  hundred  dollars;  the  marshal  of  the  dis- 
trict of  Vermont,  two  hundred  and  fifty  dollars;  the  marshal  of  the  dis- 
trict of  New  York,  four  hundred  dollars;  the  marshal  of  the  district  of 
New  Jersey,  two  hundred  dollars ;  the  marshal  of  the  district  of  Penn- 
sylvania, four  hundred  dollars ;  the  marshal  of  the  district  of  Delaware, 
one  hundred  dollars ;  the  marshal  of  the  district  of  Maryland,  three 
hundred  dollars ;  the  marshal  of  the  district  of  Virginia,  five  hundred 
dollars ;  the  marshal  of  the  district  of  Kentucky,  three  hundred  dollars ; 
the  marshal  of  the  district  of  North  Carolina,  three  hundred  and  fifly 
dollars ;  the  marshal  of  the  district  of  South  Carolina,  three  hundred 
dollars;  the  marshal  of  the  district  of  Columbia,  fifly  dollars;  the  mar- 
shal for  the  district  of  Georgia,  three  hundred  dollars ;  the  marshal  of 
the  district  of  East  Tennessee,  one  hundred  and  fifly  dollars ;  the  mar- 
shal of  the  district  of  West  Tennessee,  one  hundred  and  fifty  dollars ; 
the  marshal  of  the  Ohio  district,  two  hundred  dollars ;  the  secretary  of 
the  Mississippi  territory,  two  hundred  dollars ;  the  secretary  of  the  In- 
diana territory,  one  hundred  dollars;  the  secretary  of  the  Michigan  ter- 
ritory, one  hundred  dollars ;  the  secretary  of  the  Illinois  territory,  one 
hundred  dollars ;  the  secretary  of  the  territory  of  Orleans,  one  hundred 
and  fifty  dollars ;  the  secretary  of  the  territory  of  Louisiana,  one  hundred 
dollars 

Sec.  5.  And  he  it  further  enacted^  That  every  person  whose  usual 
place  of  abode  shall  be  in  any  family  on  the  aforesaid  first  Monday  of 
August  next,  shall  be  returned,  as  of  such  family ;  and  the  name  of 
every  person  who  shall  be  an  inhabitant  of  any  district  or  territory  with- 
out a  settled  place  of  residence,  shall  be  inserted  in  the  column  of  the 
schedule,  which  is  allotted  for  the  heads  of  families,  in  that  division 
where  he  or  she  shall  be,  on  the  said  first  Monday  of  August  next ;  and 
every  person  occasionally  absent  at  the  time  of  enumeration,  as  belong- 
ing to  that  place  in  which  he  or  she  usually  resides  in  the  United  States. 

Sec.  6.  And  he  it  further  enacted,  That  each  and  every  free  person 
more  than  sixteen  years  of  age,  whether  heads  of  families  or  not,  belong- 
ing to  any  family  within  any  division,  district,  or  territory,  made  or  estab- 
lished within  the  United  States,  shall  be,  and  hereby  is  obliged  to  ren- 
der to  such  assistant  of  the  division,  if  required,  a  true  account,  to  the 
best  of  his  or  her  knowledge,  of  all  and  every  person  belonging  to  such 
family  respectively,  according  to'  the  several  descriptions  aforesaid,  on 
pain  of  forfeiting  twenty  dollars,  to  be  sued  for  and  recovered  in  an 
action  of  debt,  by  such  assistant,  the  one  half  for  his  own  use,  and  the 
other  half  to  the  use  of  the  United  States. 

Sec.  7.  And  he  it  further  enacted,  That  each  and  every  assistant 
previous  to  making  his  return  to  the  marshal  or  secretary,  (as  the  case 


Rateiofcoin- 
peoMtion. 


Who  ■hall  be 
returned. 


Heads  of  fan. 
iliea,  &c.  to  ren- 
der  to  the  as- 
iittantB  of  the 
marahalt  an  ac- 
count of  the 
member!  of 
their  familiet. 


Schedule   of 
the  number  of 


6G8 


ELEVENTH  CONGRESS.    Sbss.  U.  Cb.  18, 19.    1810. 


inhabttuititobe 
■et  ap  in  publio 
placea    bjr    the 
AMittanti  in 
their  diviriou 
or  diatricti. 


Penalty. 

Becretuy  of 
State  to  tend  to 
the  aniatanta 
regulationa  and 
inatnicttona 
puranant  to  thia 
act. 


Where  there 
ia  no  aecratary 
in  a  territory  the 
BOTernor  to  per- 
form the  dutiea 
preachbed  by 
thia  act. 


Statute  n. 

March  86, 1810. 

Act  of  Feb. 
24, 1807, ch. 16, 
aec.  4. 

Terma  of  the 
diatrict  court  at 
Chilicothe 
changed. 


Retama,  kc, 
kc.  to  correa- 
pond  with  the 
change. 


may  be)  shall  cause  a  correct  copy,  signed  by  himself,  of  the  schedule 
containing  the  number  of  inhabitants  within  his  division,  to  be  set  up  at 
two  of  the  most  public  places  within  the  same,  there  to  remain  for  the 
inspection  of  all  concerned ;  for  each  of  which  copies  the  said  assistant 
shall  be  entitled  to  receive  two  dollars,  provided  proof  of  the  schedule 
having  been  so  set  up  and  suffered  to  remain,  shall  be  transmitted  to 
the  marshal  or  secretary,  ^as  the  case  may  be)  wiUi  the  return  of  the 
number  of  persons ;  and  in  case  any  assistant  shall  fail  to  make  such 
proof  to  the  marshal  or  secretary,  as  aforesaid,  he  shall  forfeit  the  com- 
pensation by  this  act  allowed  him. 

Sec.  8.  And  he  it  Juriker  enacied.  That  the  Secretary  of  St^te  shall 
be  and  hereby  is  authorized  and  required  to  transmit  to  the  marshals  of 
the  several  states,  and  to  the  secretarfes  aforesaid,  regulations  and  in- 
structions pursuant  to  this  act,  for  carrying  the  same  into  effect,  and 
also,  the  forms  contained  therein  of  the  schedule  to  be  returned,  and 
proper  interrogatories  to  be  administered  by  the  several  persons  to  l)e 
employed  therein. 

Sec.  9.  And  he  U  further  enacted.  That  in  case  there  shall  be  no 
secretary  in  either  of  the  territories  of  the  United  States,  the  duties 
directed  by  this  act  to  be  performed  by  the  secretary  may  be  performed 
by  the  governor  of  such  territory,  who  shall  receive  the  same  compen- 
sation to  which  the  secretary  would  be  entitled  fqr  the  performance  of 
said  duties,  and  be  subject  to  the  same  penalties. 

Approved,  March  26, 1810. 


Oeap.  XyiIL.-.lfi  Jki/or  mUenng  ike  time  far  hoUifig  the  Dutrict  (burt  in 

Ohio. 

Be  it  enacted  hy  the  Senate  and  House  ofRepresentatives  of  the  United 
States  of  America  in  Congress  assembled.  That  the  sessions  of  the  district 
court  for  the  district  of  Ohio,  by  law  appointed  to  be  holden  at  Chilicothe, 
in  the  said  district,  on  the  first  Mondays  in  February,  June  and  October, 
shall  hereafter  be  holden  at  Chilicothe,  on  the  second  Mondays  of  Sep- 
tember and  January  annually. 

Sec.  2,  And  he  it  further  enacted.  That  all  writs,  process,  and  recog^ 
nizances  which  xt^^y  haye  been  made  returnable,  and  all  suits,  causes, 

Srocess  and  proceedings,  which  may  have  been  continued  to  the  first 
londay  of  June  next,  shall  be  and  hereby  are  made  returnable  and 
continued  over  to  the  session  of  said  court,  which  shall  be  holden  on 
the  second  Monday  of  September  next,  and  shall  be  as  valid  and  pro- 
ceeded on  in  the  same  manner,  at  said  September  session  of  said  court, 
as  if  such  writs,  process,  recognizances,  suits,  causes  and  proceedings 
had  been  originally  made  returnable  to,  and  continued  to  said  Septem- 
ber session  of  said  court. 
Approved,  March  26, 1810. 


StatutbII. 


March  S6, 1810.    G  RAP.  XIX, 


Jet  to  preoent  the  iauing  of  sea  leiten  excqd  to  certain  vet- 

ieli. 


he,  flfcc.  may  he 
granted,  afler 
June  SO,  ISIO. 


To  what  Tea-  Be  it  enacted  hy  the  Senate  and  House  of  Representatives  of  the  United 
aela  aea  lettera,  8lates  of  America  in  Congress  assembled.  That  from  and  after  the  thur- 
""  ***  tieth  of  June  next,  no  sea  letter  or  other  document  certifying  or  proving 
any  ship  or  vessel  to  be  the  property  of  a  citizen  or  citizens  of  the 
United  States,  shall  be  issued  except  to  ships  or  vessels  duly  registered, 
or  enrolled  and  licensed  as  ships  or  vessels  of  the  United  Sutes,  or  to 
vends  which  at  that  time  shall  be  wholly  owned  by  citizens  of  the 
United  States,  and  furnished  with  or  entitled  to  sea  letters  or  other  cus- 
tom-hoose  documents,  any  law  or  laws  heretofore  passed  to  the  contrary 


ELEVENTH  CONGRESS.    Sbss.  II.  Ch.  20, 21.    1810. 


M9 


ikOtwithBUndinff :  Provided  nevertk^ess^  that  no  sea  letter  shall  be  issued 
to  any  vessel  which  shall  not  at  this  time  be  furnished  or  entitled  to  a 
sea  letter,  unless  such  vessel  shall  return  to  some  port  or  place  in  the 
United  States  or  territories  thereof  on  or  before  the  said  thirtieth  day 
of  June  next:  Provided  nevertheless,  that  no  sea  letter  or  other  docu- 
ment, certifying  or  proving  any  ship  or  vessel  to  be  the  property  of  a 
citizen  or  citizens  of  the  United  States,  shall  be  issued  to  any  vessel 
now  abroad,  which  shall  not  at  this  time  be  furnished  or  entitled  to  a 
sea  letter,  unless  such  vessel  shall  arrive  at  some  port  or  place  in  the 
United  States  or  territories  thereof,  on  or  before  the  said  thirtieth  day 
of  June  next;  and  provided  that  nothing  herein  contained  shall  be  con- 
strued to  operate  against  any  such  vessel  or  vessels  that  now  are,  or  may 
be,  prior  to  the  said  thirtieth  of  June,  detained  abroad  by  the  authority 
of  any  foreign  power. 

Approved,  March  26, 1810. 


No  tea  letter 
to  iMue  to  any 
venel  uolen 
■uch  TMsul  re. 
turn  to  the  U. 
Sutef  before 
30th  June  next. 

Proviso  in  fa- 
vour of  Teeselfl 
detained  abroad 
by  any  foreign 
power. 


Statute  n. 


Crap.    XX. — Jn  Jcl  makittg  an  appropriaiion  for  the  purpose  of  trying  the    March  30, 1810> 
praelUal  use  of  the  Tbrpedo  or  Submarine  Explosion^ 

Be  ii  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  a  sum  not  exceeding  five 
thousand  dollars  be,  and  the  same  is  hereby  appropriated,  payable  out 
of  any  money  in  the  treasury  not  otherwise  appropriated,  to  defray  the 
expense  which  shall  be  incurred  in  any  actual  experiments,  when  the 
President  of  the  United  States  shall  deem  it  expedient  to  cause  such 
experiments  to  be  made,  which  shall  be  made  under  the  immediate 
direction  of  the  Secretary  of  the  Navy,  for  the  purpose  of  ascertaining 
with  precision  how  far  the  torpedo  or  submarine  explosions  may  be  use- 
fully employed  as  engines  of  war,  who  is  hereby  directed  to  report  to 
Congress  the  result  of  the  experiment  with  his  opinion  thereon. 

Approved,  March  30,  1810. 


[Obsolete.] 

Appropriation 
to  defray  the  ex- 
pensea  of  ex- 
periments with 
the  torpedo  aa 
an  engine  of 
war. 


Chap.   XXI. — jin  Act  to  make  public  a  Road  in  Washington  County,  in  (he 
District  of  Columbia, 

Be  ii  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  the  road  heretofore  opened 
by  the  consent  of  the  owners  of  the  land  over  which  the  same  passed, 
from  the  line  of  the  district  of  Columbia,  through  the  land  of  John 
Masters  and  John  L.  Naylor,  to  the  lower  bridge  over  the  eastern  branch 
of  Potomac  river,  shall  be,  and  is  hereby  declared  to  be  a  public  high- 
way; and  shall  be  kept  in  repair,  as.  other  public  roads  in  Washington 
county,  in  the  district  of  Columbia,  are  kept  in  repair. 

Sec.  2.  And  be  it  further  enacted.  That  three  commissioners  to  be 
mutually  appointed  by  the  levy  court  of  the  county  of  Washington,  in 
the  district  of  Columbia,  and  the  proprietors  of  the  land  over  which  the 
said  road  does  or  may  pass  or  be  laid  out,  be,  and  they  arc  hereby  ap- 
pointed commissioners,  and  they,  or  a  majority  of  them,  are  hereby 
authorized  and  empowered  to  review  the  said  road,  and  to  cause  the 
same  to  be  surveyed  and  laid  out,  not  exceeding  thirty  feet  in  width, 
and  to  cause  a  plot  to  be  made  thereof,  and  return  the  same,  under 
their  hands  and  seals,  to  the  clerk  of  Washington  county,  to  be  by  him 
recorded  among  the  land  records  of  said  county. 

Sec.  3.  And  be  it  further  enacted,  That  the  said  commissioners,  or  a 
majority  of  them,  shall  ascertain  and  value  the  damage  which  any  person, 
through  whose  land  the  said  road  passes,  may  sustain,  by  making  the 
said  road  a  public  highway,  and  shall  return  to  the  levy  court  of  Wash- 
ington county  a  certificate  of  such  valuation,  the  amount  of  which  shall 

Vol.  11—72  3  B  2 


Statute  II. 
March  30, 1810. 


Road  to  the 
lower  eaiteni 
branch  bridge  to 
be  opened  and 
kept  m  repair. 


CommiMion- 
eri  to  be  ap- 
pointed by  the 
levy  court  of 
Waihinffton  to 
lay  out  the  road, 
and  make  return 
to  the  clerk  of 
Washington 
county. 


Damagea  to 
be  aacertained 
by  them  to  be 
paid  by  the 
county. 


670 


ELEVENTH  CONGRESS.    Ssas.  II.  Ch.  33, 26.     1810. 


be  levied  by  said  court  on  the  assessable  property  of  said  county  and  the 
city  of  Washington,  and  paid  over  to  the  person  or  persons  entitled  to 
receive  the  same. 

Approved,  March  30,  1810. 


Statute n. 


Act  of  March 
26, 1810, ch.  17. 


April  12, 1810.     Chap.    XXIII. — An  Jtei  to  alter  and  amend  an  act,  eniituled  ^*jSn  ad  protfiding 
•       for  the  third  census  or  enumeration  tf  the  inhabitants  ff  the  United  States^ 
passed  the  twenty-sixth  day  cf  Marehj  one  thousand  eight  hundred  and  ten* 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assemblea,  That  the  enumeration  men- 
tioned in  the  first  section  of  the  act  hereby  amended,  shall  close  within 
five  months  from  the  first  Monday  in  August  next,  and  the  assistants 
shall  make  their  returns  to  the  marshals  and  secretaries  within  the  said 
five  months,  any  thing  in  the  said  act  to  the  contrary  notwithstanding. 

Approved,  April  12,  1810. 


Statute  II. 


April  20,  1810. 


Coramitsion- 
ers  for  receiving 
■ubscriptioni. 


Direction  or 
course  of  the 
roadf    to    be 
opened  y  gravel- 
led and  improv- 
ed. 


The  time*, 
places  and  man- 
ner of  receiving 
subscriptionsyto 
be  determined 
by  the  commis- 
sioners. 

Proviso. 


When  150 
shares    shall 
have  been  sub- 
scribed,   the 
commissioners 
to  give  notice, 
that  there  may 
be  a  meeting  of 
the  stockholders 
to    choose    di- 
rectors. 


Chap.  XX  VI.—- wtfn  Jet  to  incorporate  a  company  for  making  certain  turnpike 
roads  in  the  District  {f  Columbia, 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  Daniel  Carrol,  of  Dud- 
dington,  George  W,  P.  Custis,  Thomas  Fenwick,  John  Tayloe,  Samuel 
Harrison  Smith,  Daniel  Brent,  Daniel  Rapine,  Frederick  May,  Elias  B. 
Caldwell,  William  Brent,  James  D.  Barry  and  John  Law,  be,  and  they 
are  hereby  appointed  and  constituted  a  board  of  commissioners,  a  ma> 
jority  of  whom  to  constitute  a  quorum,  with  full  power  to  receive  and 
enter  in  such  book  or  books,  as  they  may  deem  proper,  by  themselves 
or  by  their  agents,  subscriptions  for  raising  a  capital  stock  of  sixty  thou- 
sand dollars,  in  shares  of  one  hundred  dollars  each,  for  the  purpose  of 
opening,  gravelling  and  improving  the  following  roads  in  the  district  of 
Columbia,  to  wit :  One  road  from  the  boundary  line  of  the  city  of  Wash- 
ington, to  the  boundary  line  of  the  district  of  Columbia,  in  the  most 
direct  and  practicable  route  from  the  Capitol  to  Baltimore.  One  road 
from  the  boundary  line  of  the  city  of  Washington,  to  the  boundary  line 
of  the  district  of  Columbia,  in  the  most  direct  and  practicable  route 
from  the  Capitol  to  Montgomery  Courthouse;  and  one  road  from  the 
western  extremity  of  the  causeway  leading  from  Alexander's  island  to 
the  boundary  line  of  the  district  of  Columbia,  in  the  most  direct  and 
practicable  route  towards  the  Little  river  turnpike  road,  in  the  state  of 
Virginia.  The  times,  places  and  manner  of  receiving  and  entering  sub- 
scriptions, and  the  manner  of  authenticating  powers  of  attorney,  or  other 
instruments  of  writing  authorizing  subscriptions  to  be  made  by  any  per- 
son or  persons  in  the  name  of  any  other  person  or  persons,  to  be  ascer- 
tained by  said  board  of  commissioners,  and  duly  advertised  in  such 
gazettes  or  public  prints,  as  they  may  deem  expedient :  Provided,  that 
no  subscription  shall  be  received,  unless  the  sum  of  ten  dollars  be  first 
paid  into  the  hands  of  such  agent  or  other  person,  as  said  commissioners 
may  authorize  to  receive  it. 

Sec.  2.  And  be  it  further  enacted,  That  when  any  number  of  per- 
sons shall  have  subscribed  one  hundred  and  6fly  shares  or  more  of  the 
said  stock,  the  said  commissioners,  or  a  majority  of  them,  may,  and  when 
the  whole  number  of  shares  aforesaid  shall  be  subscribed,  shall  give 
notice  in  some  newspaper,  printed  in  the  district  of  Columbia,  of  a  time 
and  place  to  be  by  them  appointed  for  the  subscribers  to  proceed  to 
organize  the  said  corporation,  at  which  time  and  place  the  said  sub- 
scribers, by  a  majority  of  votes  to  be  delivered  by  ballots  in  person,  or 
by  proxy  duly  authorized,  shall  elect  one  president  and  four  directors, 
to  conduct  the  business  of  said  company  for  one  year,  and  until  other 


ELEVENTH  CONGRESS.    Sess.  n.  Ch.  26.    1810. 


671 


Bach  officers  shall  be  chosen  in  their  place ;  and  at  that  or  any  subse- 
quent legal  meeting  of  stockholders,  may  make  such  rules,  orders  and 
regulations,  not  inconsistent  with  the  constitution  and  laws  of  the  United 
States,  as  shall  be  necessary  for  the  well  being  of  the  affairs  of  said 
company :  Provided  ahoays,  that  no  stockholder  shall,  in  person  or  by 
proxy,  have  more  than  twenty-five  votes  at  any  election,  or  in  determining 
any  question  arising  at  such  meeting,  whatever  number  of  shares  he  or 
she  may  hold :  and  each  stockholder,  in  person  or  by  proxy,  shall  be 
entitled  to  one  vote  for  every  share  by  him  or  her  held,  not  exceeding 
said  number,  and  all  persons  who  may  then  be,  or  thereafter  may  be- 
come, the  actual  holders  or  proprietors  of  shares  in  the  said  capital  stock, 
either  as  subscribers  for  the  same,  or  as  the  legal  representatives,  suc- 
cessors or  assignees,  of  such  subscribers,  shall  become  one  body  politic 
and  corporate,  in  deed  and  in  law,  by  the  name  and  style  of  the  *'  Pre- 
sident, Directors  and  Company  of  the  Columbia  Turnpike  Roads ;"  and 
by  the  said  name  shall  have  perpetual  succession,  and  all  the  privileges 
incident  to  a  corporation,  and  shall  be  capable  of  taking  and  holding 
their  said  capital  stock,  and  the  increase  and  profits  thereof,  and  of 
enlarging  the  same  by  new  subscriptions,  if  such  enlargement  shall  be 
found  necessary  to  fulfil  the  intent  of  this  act,  and  of  purchasing,  taking, 
and  holding  to  them,  and  their  successors  and  assigns  in  fee  simple,  or 
for  any  lesser  estate,  all  such  lands,  tenements,  hereditaments  and  estate, 
real  and  personal,  as  shall  be  necessary  or  useful  to  them  in  the  prose- 
cution of  their  works,  and  of  suing  and  being  sued,  of  having  a  common 
seal,  the  same  breaking  and  altering  at  pleasure,  and  of  doing  all  and 
every  other  matter  and  thing  concerning  the  subject  aforesaid,  which  a 
corporation  or  body  politic  may  lawfully  do. 

Sec.  3.  And  be  it  further  enacted,  That  the  said  company  shall  meet 
on  the  first  Monday  in  January,  in  every  year,  at  such  place  as  shall  be 
fixed  by  their  by-laws,  for  the  purpose  of  choosing  such  ofhcers  as  afore- 
said for  the  ensuing  year,  in  manner  aforesaid,  and  at  such  other  times 
as  they  shall  be  summoned  by  the  president  and  directors  aforesaid,  at 
which  annual  or  special  meetings,  they  shall  have  full  power  and  autho- 
rity to  do  and  perform  any  act  by  law  allowed,  and  pertaining  to  the 
affairs  of  said  company ;  and  the  president  and  directors  for  the  time 
being,  shall  hold  their  offices  until  others  shall  be  appointed  in  their 
places,  and  ^he  said  corporation  shall  not  be  deemed  to  be  dissolved,  by 
reason  of  any  defect  of  officers,  but  if  it  should  happen  that  there  should 
be  no  president  or  directors  competent  to  call  a  meeting  of  stockholders, 
the  same  may  be  called  by  any  stockholder,  for  the  purpose  of  electing 
such  officers,  giving  thirty  days  notice  of  the  time  and  place  of  such 
meeting,  by  advertisement  in  a  newspaper,  printed  in  the  city  of  Wash- 
ington. 

Sec.  4.  And  he  it  further  enacted.  That  the  president  and  directors 
shall  procure  printed  certificates  for  all  the  shares  of  said  stock,  and  shall 
deliver  one  such  certificate,  signed  by  the  president,  to  each  person  for 
every  share  by  him  or  her  subscribed  and  held,  which  certificate  shall  be 
transferable,  at  his  or  her  pleasure,  in  person  or  by  attorney,  in  the 
presence  of  the  president,  clerk,  or  treasurer,  of  said  company,  who 
shall  witness  the  same^  subject  however  to  all  payments  due  or  to  grow  due 
thereupon :  and  the  assignee  holding  any  such  certificate,  having  caused 
the  assignment  to  be  entered  in  a  lK>ok  of  the  company  to  be  kept  for 
that  purpose,  shall  be  a  member  of  said  company,  and  for  every  certi- 
ficate by  him  held,  shall  be  entitled  to  one  share  in  the  capital  stock  and 
estate  of  said  company;  and  if  any  stockholder,  after  thirty  days'public 
notice  in  a  newspaper  printed  in  the  city  of  Washington,  of  the  time  and 
place  appointed  for  the  payment  of  any  portion  or  dividend  of  the  sum 
subscribed  in  said  stock,  shall  neglect  to  pay  the  same  for  the  space  of 
thirty  days  after  the  time  so  appointed,  the  share  or  shares  on  which 


Proviso. 


Annual  meet- 
ings of  the  c<Jm- 
panjr  for  chooi- 
ing  directors. 


Printed  cer- 
tificates to  be 
delivered  to  the 
stockholders 
and  made  trans- 
ferable. 


Assignees  to 
become  mem- 
bers of  the  com- 
pany. 


573 


ELEVENTH  CONGRESS.    Sics.  II.  Ch.  96.    ISia 


Shares  of  de- 
liDquent  Btock- 
holden  may  be 
■old  at  public 
aaction. 

Deficiencies 
of  inatalmeotB 
may  be  recoT- 
ered  by  war- 
rants. 


Times  and 
places  of  the 
meetings  of  the 

S resident  and 
irectors — their 
duties,  powers, 
kc.kc. 


Commissioners 
to  be  appointed 
by  the  court  or 
judges  of  Wash- 
ington county  to 
view  the  ground 
for    the    roadsy 
ascertain  the 
damages,  and 
make  report, 
kc.  9cc. 


such  delinquency  has  taken  place  may  be  sold  at  pnfadic  auction,  and 
transferred  by  them  to  any  person  or  persons,  willing  to  purchase  for 
such  price  as  can  be  obtained ;  or  in  case  any  proprietor  shall  fail  to  pay 
any  instalment  which  shall  be  duly  assessed,  such  instalment  or  any  part 
thereof  that  shall  remain  deficient  or  unpaid,  may  be  recovered  of  the 
person  or  persons,  so  failing  to  pay,  by  warrant  from  a  justice  of  the 
peace,  if  the  amount  shall  not  exceed  twenty  dollars,  and  if  the  sum  so 
due  shall  exceed  twenty  dollars,  the  same  may  be  recovered  by  motion, 
in  the  name  of  the  said  company,  on  ten  days'  notice,  in  any  court  of 
record  in  the  county  or  district  where  the  debtor  may  be  found ;  or  by 
action  at  law  in  the  usual  course  of  judicial  proceedings,  at  the  option 
of  the  said  president  and  directors ;  and  in  all  such  warrants,  motions 
or  actions,  the  certificate  of  the  clerk  or  recording  officer  of  the  said 
company  shall  be  conclusive  evidence  of  the  defendant's  being  a  meoi- 
ber  of  the  company,  and  prima  facie  evidence  of  the  amount  due  on  the 
share  or  shares  held  by  such  defendant. 

Sec.  5.  And  be  it  Jfurther  enacted^  That  the  said  president  and  direc- 
tors shall  meet  at  such  times  and  places  as  shall  be  agreed  upon  for 
transacting  their  business;  at  which  meetings  any  three  members  shall 
form  a  quorum,  who,  in  the  absence  of  the  president,  may  choose  a 
chairman,  and  shall  keep  minutes  of  all  their  transactions,  fairly  entered 
in  a  book ;  and  a  quorum  being  met,  they  shall  have  full  power  and 
authority  to  appoint  a  treasurer  and  all  other  officers  necessary  or  con- 
venient, and  agree  with  and  appoint  all  such  surveyors,  intendants, 
artists,  or  other  agents  as  they  shall  judge  necessary  to  carry  on  the  in- 
tended works,  and  to  fix  their  salaries,  wages  or  compensation ;  to  direct 
and  order  the  times,  manner  and  proportions,  when  and  in  which  the 
stockholders  shall  pay  monies  due  on  their  respective  shares;  to  draw 
orders  on  the  treasurer  for  all  monies  due  from  the  said  company,  and 
generally  4o  do  and  transact  all  such  other  matters,  acts  and  things  as  by 
Uie  by-laws,  rules  and  regulations  of  said  company,  shall  be  required  or 
permitted. 

Sec.  6.  And  he  it  further  enacted.  That  upon  application  of  the  said 
president  and  directors  of  the  said  company  to  the  circuit  court  of  the 
district  of  Columbia,  or  to  the  judges  thereof  out  of  court,  the  said  court 
or  the  judges,  or  any  two  of  the  judges  thereof  out  of  court,  shall  appoint 
three  commissioners  not  interested  in  any  of  the  lands  through  which 
either  of  the  said  roads  may  be  laid  out,  nor  interested  in  the  stock  of 
the  company  hereby  created,  nor  in  the  stock  of  any  other  turnpike 
company,  who  shall  each  receive  from  the  said  president,  directors  and 
company,  two  dollars  for  every  day  they  shall  respectively  be  actually 
necessarily  employed  in  or  about  the  affairs  of  the  said  company.  And 
each  of  the  said  commissioners,  before  he  proceeds  to  act  as  such,  shall 
take  and  subscribe  an  oath  or  solemn  affirmation,  in  the  presence  of  a 
justice  of  the  peace,  '<  that  he  will  well,  faithfully  and  impartially,  ac- 
cording to  the  best  [of]  his  skill  and  judgment,  and  without  unnecessary 
delay,  execute  and  perform  all  the  duties  required  of  him  as  a  commis* 
sioner,  under  the  sixth  section  of  the  act  of  Congress,  entituled  "An  act 
to  incorporate  a  company  for  making  certain  turnpike  roads  in  the  dis- 
trict of  Columbia,"  which  oaths  or  affirmations  so  subscribed  and  certified 
by  the  justice  in  whose  presence  they  shall  be  severally  taken  and  sub- 
scribed, shall  be  filed  in  the  office  of  the  clerk  of  the  said  circuit  court, 
and  enrolled  among  the  land  records  of  the  county  of  Washington.  And 
the  said  commissioners  or  any  two  of  them,  being  qualified  as  aforesaid, 
shall,  upon  the  request  of  the  said  president  and  directors  cause  to  be 
surveyed,  laid  out,  ascertained,  described  and  marked,  by  certain  metes 
and  bounds,  each  of  the  aforesaid  turnpike  roads,  described  in  the  first 
section  of  this  act,  not  less  than  sixty-six  feet  in  breadth,  in  such  routes, 
UactSy  or  courses  for  the  same  respectively  as  In  the  best  of  their  judg- 


ELEVENTH  CONORESS.    Sub.  U.  Ca.  26.    18iQ« 


ff78 


ment  will  combine  shortneaB  of  distance  with  the  most  convenient  ground, 
and  the  smallest  expense  of  money;  and  for  this  purpose  it  shall  be  law* 
fill  for  them  and  such  agents,  assistants,  servants  or  attendants  as  they 
may  think  proper  to  employ,  to  enter  upon  any  of  the  lands  through  or 
near  which  the  said  roads  or  either  of  them,  may  be  laid  out;  having 
first  given  twenty  days' public  notice,  in  some  newspaper  printed  in  the 
city  of  Washington,  of  the  time  and  place  of  their  entering  on  the  said 
business  of  surveying  and  laying  out  each  road  respectively.  And  if  any 
proprietor  of  any  part  of  the  lands,  through  which  either  of  the  said 
roads  may  be  laid  out,  shall  require  compensation  for  so  much  of  his  or 
her  said  lands  as  may  be  occupied  by  the  said  roads  or  either  of  them, 
or  shall  claim  damages  for  or  on  account  of  the  opening  or  laying  out 
the  said  roads,  or  either  of  them,  through  his  or  her  land,  and  if  the  said 
president  and  directors  cannot  agree  with  such  proprietor  respecting  the 
same,  then  the  said  commissioners,  at  the  request  of  either  party,  shall 
appoint  a  day  and  place  to  hear  and  decide  upon  such  claim,  and  the 
amount  of  compensation  and  damages  which  such  proprietor  shall  be 
entitled  to  receive  from  the  said  president,  directors  and  company,  there- 
for, first  giving  twenty  days' notice  to  the  adverse  pvty,  his  or  her  agent 
or  attorney  in  fact,  or  other  le^  representative,  if  either  shall  be  within 
the  district  of  Columbia;  and  if  the  party  so  notified  shall  fail  to  attend, 
or  if  the  party  shall  be  an  infant  under  age,  nan  compos  menHs^  feme 
covert,  or  absent  out  of  the  district  of  Columbia,  and  have  no  known 
agent  or  other  legal  representatives  therein,  then  the  said  commissioners 
may  proceed  exparte  to  hear  and  decide  the  same;  and  the  award  of 
them  or  any  two  of  them  made  in  writing,  signed  by  them  or  any  two 
of  them,  shall  by  them  be  returned  to  the  office  of  the  derk  of  the  said 
court  for  the  county  of  Washington,  within  ten  days  after  such  hearing, 
and  a  copy  thereof  shall,  within  ten  days  after  such  return,  be  serv^ 
upon  such  of  the  parties  as  are  resident  in  the  district  of  Columbia;  and 
if  such  award  be  not  at  the  session  of  the  said  circuit  court,  in  the  county 
of  Washington,  next  after  such  return  of  the  said  award  to  the  clerk's 
office,  be  set  aside  on  account  of  fraud  or  partiality  in  the  said  commis- 
sioners, the  same  shall  be  final  and  conclusive  between  the  parties,  and 
shall  be  recorded  by  the  said  clerk;  and  the  sum  so  awarded  being  paid 
to  the  said  clerk  for  the  use  of  the  person  entitled  to  receive  the  same, 
the  said  land  mentioned  and  described  in  the  said  award  shall  and  may 
be  taken  and  occupied  as  a  turnpike  road,  and  public  highway  for  ever. 
And  the  said  commissioners,  upon  completing  the  said  survey  of  the 
said  roads,  or  either  of  them,  shall  return  a  plat  and  certificate  of  such 
survey  to  the  said  clerk,  and  the  same  being  accepted  by  the  said  court, 
shall  be  recorded  by  the  said  clerk,  and  thereupon  the  road  so  laid  out 
shall  be  taken,  used  and  occupied  as  a  turnpike  road  and  public  high^ 
way  for  ever;  and  the  said  president,  directors  and  company  may  there- 
upon proceed  to  enter  upon  the  same,  and  shall  cause  at  least  twenty- 
four  feet  in  breadth,  throughout  the  whole  length  thereof,  to  be  made 
an  artificial  road,  of  stone,  gravel,  or  other  hard  substance  of  sufficient 
depth  or  thickness  to  secure  a  solid  and  firm  road,  with  a  surface  as 
smooth  as  the  materials  will  admit,  and  so  nearly  level,  that  it  shall  in 
no  case  rise  or  fall  mgre  than  an  angle  of  four  degrees  with  a  horizontal 
line,  and  the  said  road  shall  thereafter  be  kept  in  good  and  perfect  repair; 
and  wheresoever  upon  the  said  roads  any  bridge  shall  be  deemed  neces- 
sary, the  same  shall  be  built  of  sound  and  suitable  materials.  And  in 
case  either  of  the  said  commissioners  should  die,  or  refuse  to  act,  or 
become  incapacitated,  or  should  be  removed  by  the  court  for  miscon- 
duct, the  said  court  may  appoint  another  in  his  place;  and  when  in  the 
q>inion  of  the  said  president  and  directors  either  of  the  said  roads  shall 
be  completed  to  the  extent  of  twenty-four  feet  in  breadth,  the  same  shall 
be  examined  by  the  said  commissioners,  or  any  two  of  them  and  if  in 


CommiMion- 
en  to  be  ap. 
pointed  bj  tbe 
eomt,  fce.  Ac 


Dimennone 
andqnalitj  of 
theroadi. 


674 


ELEVENTH  CONGRESS.    Sess.  II.  Ch.  26.    1810. 


the  opinion  of  them,  or  any  two  of  them  the  said  road  should  have  been 
completed  to  the  extent  of  at  least  twenty-four  feet  in  breadth,  according 
to  the  meaning  of  this  act,  they  shall  certify  the  same  to  the  said  circuit 
court,  or  the  judges  thereof  out  of  court,  and  their  certificate  being  ac- 
cepted by  the  said  court,  or  any  two  judges  thereof,  and  recorded,  the 
said  president  and  directors  shall  and  may  thereafter  erect  and  fix  such 
and  so  many  gates  and  turnpikes,  not  exceeding  two  upon  and  across 
each  of  the  said  roads,  as  shall  be  necessary  and  sufficient  to  collect  the 
tolls  herein  after  granted  to  the  said  company;  and  it  shall  be  lawful  for 
them  to  appoint  such  and  so  many  toll-gatherers  as  they  shall  deem 
necessary  to  collect  and  receive  of  and  from  all  and  every  person  and 
persons  using  the  said  road  or  roads,  the  tolls  and  rates  herein  after 
mentioned,  and  to  stop  any  person  or  persons,  riding,  leading  or  driving 
any  horses,  mules,  cattle,  hogs,  sheep,  sulkey,  chair,  chaise,  phaeton« 
chariot,  coach,  cart,  wagon,  sleigh,  sled,  or  any  carriage  of  burden  or 
Rttet  oftollv.  pleasure  from  passing  through  the  said  gates,  until  the  said  tolls  shall  be 
paid,  that  is  to  say:  for  the  whole  distance  in  length  of  the  whole  of  the 
said  roads,  and  so  in  proportion  as  near  as  may  be,  for  any  less  distance 
within  the  district  of  Columbia,  viz :  for  every  score  of  sheep,  twenty 
cents;  for  every  score  of  hogs,  twenty  cents;  for  every  score  of  cattle, 
forty  cents,  and  so  in  proportion  for  any  greater  or  less  number;  for 
every  horse  or  mule  with  a  rider,  twelve  and  an  half  cents;  for  every  stage 
and  wagon  and  two  horses,  thirty  cents;  for  either  carriage  last  men- 
tioned with  four  horses,  forty  cents;  for  every  led  or  driven  horse  or 
mule,  six  cents;  for  every  sulkey,  chair,  chaise  or  carriage  of  pleasure 
with  two  wheels  and  one  horse,  twenty  cents;  for  every  coach,  chariot, 
coachee,  phaeton,  or  chaise  with  four  wheels  and  two  horses,  thirty-seven 
and  an  half  cents;  for  any  of  the  said  carriages  last  mentioned  with  four 
horses,  fifty  cents;  for  every  other  carriage  of  pleasure,  under  whatever 
name  it  may  go,  the  like  sums  according  to  the  number  of  wheels  and 
horses  in  proportion  aforesaid ;  for  every  sled  or  sleigh  used  as  a  carriage 
of  pleasure,  twelve  and  an  half  cents  for  each  horse  drawing  the  same ; 
for  every  sled  or  sleigh  used  as  a  carriage  of  burden,  eight  cents  for  each 
horse  drawing  the  same;  for  every  cart  or  wagon  whose  wheels  do  not 
exceed  four  inches  in  breadth,  twelve  and  an  half  cents  for  each  horse 
drawing  the  same;  for  every  cart  or  wagon  whose  wheels  shall  exceed 
in  breadth  four  inches  and  not  exceed  seven  inches,  six  cents  for  every 
horse  drawing  the  same ;  for  every  cart  or  wagon,  the  breadth  of  whose 
wheels  shall  be  more  than  seven  inches  and  not  more  than  ten  inches, 
five  cents  for  every  horse  drawing  the  same;  for  every  cart  or  wagon, 
the  breadth  of  whose  wheels  shall  be  more  than  ten  inches  and  not  ex- 
ceed twelve  inches,  four  cents  for  every  horse  drawing  the  same.  And 
that  all  such  carriages  as  aforesaid,  to  be  drawn  by  oxen  in  the  whole, 
or  partly  by  oxen,  or  to  be  drawn  by  mules  in  whole  or  part,  two  oxen 
shall  be  estimated  as  equal  to  one  horse  in  charging  all  the  aforesaid 
tolls,  and  every  mule  as  equal  to  one  horse.  And  it  shall  be  also  the 
duty  of  the  said  commissioners  after  hearing  all  parties  to  decide  and 
award  what  proportion  of  the  cost  already  incurred  of  making  the  cause- 
way from  Alexander's  island  to  the  main  land,  and  of  the  road  from  the 
said  causeway  to  the  west  end  of  the  Washington  bridge,  shall  be  paid 
by  the  president,  directors  and  company  of  the  Columbia  turnpike  roads, 
to  the  president  and  directors  of  the  Washington  and  Alexandria  turn- 
pike company,  and  also,  in  what  proportion  the  former  company  shall 
contribute  and  pay  towards  the  future  repairs  and  improvements  of  the 
said  causeway  and  road ;  and  the  award  of  the  said  commissioners,  or 
any  two  of  them  so  made,  shall  be  returned  to  the  office  of  the  clerk  of 
the  said  court  for  the  county  of  Washington,  and  being  accepted  by  the 
said  court  and  recorded,  shall  be  final  and  conclusive. 

Sec.  7.  And  be  it  Jurther  enacted^  That  in  all  cases  where  stone. 


Commiisioners 
to  decide  what 
18  to  be  paid  to 
the  Wasnington 
and  Alexandria 
turnpike  com- 
pany. 


ELEVENTH  CONGRESS.    Bees.  U.  Ch.  26.    1810. 


575 


gravel,  earth  or  sand  shall  be  necessary  for  making  or  repairing  either 
of  the  said  roads,  and  the  said  president,  directors  and  company  of  the 
Columbia  turnpike  roads,  cannot  agree  for  the  same  with  the  owner 
thereof,  then  upon  application  by  the  said  president  and  directors,  or 
any  person  authorized  by  them,  to  any  one  of  the  judges  of  the  said  cir- 
cuit court,  he  may  if  he  see  cause,  by  warrant  under  his  hand  and  seal, 
command  the  marshal  of  the  said  district  to  summon  a  jury  of  thirteen 
disinterested  persons,  qualified  to  serve  as  petit  jurors  in  the  said  circuit 
court,  to  meet  at  the  place  where  such  materials  may  be,  on  some  day, 
not  more  than  ten  days  after  the  date  of  such  warrant,  and  to  give  the 
other  party  five  days' notice  of  the  said  time  and  place,  if  such  party  be 
found  within  the  district  of  Columbia;  and  if  any  of  the  said  jurors 
should  fail  to  attend  at  the  said  time  and  place,  the  marshal  may  imme- 
diately summon  talesmen  in  the  place  of  those  who  are  absent,  and  shall 
administer  an  oath  to  the  said  jurors  and  talesmen  as  the  case  may  be, 
justly  and  impartially  to  value  the  said  materials,  and  to  assess  the 
damage  which  the  owner  thereof  shall  sustain  by  the  taking  thereof  by 
the  said  president,  directors  and  company  of  the  Columbia  turnpike 
roads;  which  valuation  and  assessment  of  damages  made  by  the  said 
jurors,  or  a  majority  of  them,  shall  be  signed  by  the  said  marshal,  and 
the  jurors,  or  so  many  of  them  as  shall  agree  thereto,  and  be  returned  by 
the  marshal  to  the  said  clerk  of  the  said  court  for  the  cotlnty  of  Wash- 
ington, to  be  by  him  recorded,  and  shall  be  conclusive  between  the 
parties ;  and  a  copy  thereof  shall  be  delivered  to  each  of  the  parties,  who 
may  be  resident  in  the  district,  and  the  sum  so  awarded  and  assessed 
being  paid  to  the  said  clerk  of  the  said  court,  for  the  use  of  the  party 
entitled,  thereto,  the  said  president  and  directors  may  proceed  to  take 
and  carry  away  the  said  materials  so  valued  for  the  purposes  aforesaid. 
And  the  said  president,  directors  and  company,  shall  pay  the  said  mar- 
shal five  dollars  for  his  service  in  summoning  and  impannelling  the  said 
jury,  and  taking  and  returning  the  said  inquest,  and  two  dollars  to  each 
of  the  said  jurors  so  sworn. 

Sec.  8.  And  be  it  further  enacted,  That  for  the  purpose  of  ascertain- 
ing the  weight,  that  may  be  drawn  along  the  said  road,  in  any  cart, 
wagon,  or  other  carriage  of  burthen,  it  shall  and  may  be  lawful,  for  the 
said  president,  managers  and  company  to  erect  and  establish  scales  and 
weights  at  or  near  such  and  so  many  of  the  gates  erected,  or  to  be 
erected  in  pursuance  of  this  act,  as  they  may  think  proper ;  and  where 
there  may  seem  reasonable  cause  to  suspect,  that  any  cart,  wagon  or 
other  carriage  of  burthen,  carries  a  greater  weight  than  is  or  'shall  be  by 
law  allowable,  it  shall  be  lawful  for  the  toll  gatherers  or  other  persons 
in  their  service  or  employment,  to  prevent  the  same  from  passing  such 
gate  or  turnpike,  until  such  cart,  wagon  or  carriage  of  burthen,  shall  be 
drawn  into  the  fixed  or  erected  scales  at  or  near  any  such  gate  or  turn- 
pike, and  the  weight  or  burthen  drawn  therein  ascertained  by  weighing; 
and  if  the  person  or  persons  driving,  or  having  care  or  charge  of  any 
such  cart,  wagon  or  other  carriage  of  burthen,  shall  refuse  to  drive  the 
same  into  any  such  scales  for  the  purpose  aforesaid,  the  person  or  per- 
sons so  refusing  shall  forfeit  and  pay  to  the  said  president,  managers 
and  company,  any  sum  not  less  than  five  dollars,  nor  more  than  eight 
dollars,  to  be  recovered  in  the  manner  herein  after  mentioned. 

Sec.  9.  And  be  it  further  enacted.  That  no  wagon  or  other  carriage 
with  four  wheels,  the  breadth  of  whose  wheels  shall  not  be  four  inches, 
shall  be  drawn  along  the  said  road  with  a  greater  weight  thereon  than 
three  tons;  that  no  such  carriage,  the  breadth  of  whose  wheels  shall  not 
be  seven  inches,  or  being  six  inches  or  more  shall  roll  at  least  ten 
inches,  shall  be  drawn  along  the  said  roads  with  more  than  five  tons ; 
that  no  such  carriage,  the  breadth  of  whose  wheels  shall  not  be  ten 
inches  or  more,  or  being  less  shall  not  roll  at  least  twelve  inches,  shall 


In  case  ofdls- 
agreement  aa  to 
the  value  of  ma. 
teriali,  the  mar- 
shal to  aommon 
a  jury  for  deter- 
mining it. 


Compensation 
to  the  marshal 
and  jurors. 

Scales  to  be 
erected  for  as- 
certaining bur- 
dens passing 
OTor  the  roads 
when  there  is 
any  doubt  in  the 


Restrictions. 


576 


ELEVENTH  CONGRESS.    Suhi.  U.  Ch.  96.    1810. 


ProTiio. 


how  to  be  oiade 
and  aeoonted 
for. 


Roadfl  to  be 
kept  in  repair. 


Penalty. 


be  drawn  along  the  said  road,  with  more  than  eight  tons;  that  ho  cart 
or  other  carriage  with  two  wheels,  the  same  breadth  of  wheeb,  as  the 
wagons  aforesaid,  shall  be  drawn  along  the  said  road  with  more  than 
htdf  the  burthen  or  weight  aforesaid ;  and  if  any  cart,  wagoa  or  carriage 
of  burthen  whatsoever,  shall  be  drawn  al<Mig  the  said  road,  with  a  greater 
weight  than  is  hereby  allowed,  the  owner  or  owners  of  such  carriage,  if 
the  excess  of  burthen  shall  be  three  hundred  weight  or  upwards,  shall 
forfeit  and  pay  four  times  the  customary  tolls  for  the  use  of  the  com- 
pany :  Provided  aboaifs^  that  it  shall  and  may  be  lawful  for  the  said 
company  by  their  by-laws,  to  alter  any  or  all  the  regulations  herein  con- 
tained respecting  the  burthens  or  carriages  to  be  drawn  over  the  said 
road,  and  to  substitute  other  regulations,  if  upon  experiment  such  alter- 
ations shall  be  found  conducive  to  the  public  good :  Provided  neverthe- 
less^ that  such  regulations  shall  not  lessen  the  burthens  of  carriages 
above  described. 

Sec.  10.  And  he  it  further  enacted,  Tliat  the  president  and  directors 
of  the  said  company  shall  keep,  or  cause  to  be  kept,  (air  and  just  ac- 
counts of  all  monies  to  be  received  by  them  from  the  said  commissioners, 
first  herein  named,  and  from  the  stockhdders  or  subscribers  to  the  said 
undertaking,  on  account  of  their  several  subscriptions  or  shares,  and  of 
all  monies  by  them  to  be  expended,  in  the  prosecution  of  their  said 
work,  and  shall  once,  at  least,  in  every  year  submit  such  accounts  to  a 
general  meeting  of  the  stockholders,  until  the  said  road  riiall  be  com- 
pleted, and  until  all  the  costs,  charges  and  expenses  of  effecting  the 
same  shall  be  fully  liquidated,  paid  and  discharged ;  and  if  upon  such 
liquidation,  or  whenever  the  whole  capital  stock  of  the  said  company 
shall  be  nearly  expended,  it  shall  be  found  that  the  said  capital  stock 
will  not  be  sufficient  to  complete  the  said  roads,  according  to  the  true 
intent  and  meaning  of  this  act,  it  shall  and  may  be  lawful  for  the  said 
stockholders,  being  convened  according  to  the  provisions  of  this  act,  or 
their  by-laws  and  rules,  to  increase  the  amount  to  be  paid  on  the  shares 
from  time  to  time  to  such  extent  as  shall  be  necessary  to  accomplish  the 
work,  and  to  demand  and  receive  the  increased  amount  so  to  be  required 
on  such  shares  in  like  mapner,  and  under  the  like  penalties  as  are  herein 
before  provided  for  the  original  payments,  or  as  shall  be  provided  by 
their  by-laws. 

Sec.  11.  And  be  it  further  enacted.  That  the  said  president  and 
directors  shall  also  keep,  or  cause  to  be  kept,  just  and  true  accounts  of 
all  monies  to  be  received  by  their  several  collectors  of  tolls  at  the  tun^ 
pike  gates  on  the  said  roads,  and  shall  make  and  declare  a  half  yearly 
dividend  of  the  clear  profits  and  income  thereof,  all  contingent  costs  and 
charges  being  first  deducted,  among  all  the  holders  of  said  stock,  and 
shall  publish  the  half  yearly  dividend  aforesaid  in  some  new^Mper 
printed  in  the  district  of  Cdumbia,  and  at  the  time  and  place  when  and 
where  the  same  will  be  paid,  and  shall  cause  the  same  to  be  paid 
accordingly. 

Sec.  12.  And  he  it  further  enacted.  That  it  shall  be  the  duty  of  the 
said  corporation,  to  keep  the  said  roads,  as  they  are  respectively  com- 
pleted, in  good  repair;  and  if  in  neglect  of  their  said  duty,  the  said  cor- 
poration shall  at  any  time  suffer  the  said  roads  to  be  out  of  repair,  so  as 
to  be  unsafe  or  inconvenient  for  passengers,  the  said  corporation  shaJl  be 
liable  to  be  presented  for  such  neglect,  before  any  court  of  competent 
jurisdiction,  and  upon  conviction  thereof,  to  pay  to  the  United  States,  a 
penalty  not  exceeding  one  hundred  dollars,  at  the  discretion  of  the  court, 
and  shall  also  be  responsible  for  all  damages  which  may  be  sustained  by 
any  person  or  persons  in  consequence  of  such  want  of  repair,  to  be  re- 
covered in  an  action  of  trespass  on  the  case  in  any  court  competent  to 
try  the  same:  Provided  aboays,  and  it  is  further  enacted,  that  whenever 
the  nett  proceeds  of  tolls  collected  on  said  roads  shall  amount  to  a  sum 


ELEVENTH  CONGRESS.    Sess.  II.  Ch.  27.     1810. 


677 


sufficient  to  reimburse  the  capital  which  shall  be  expended  in  the  par- 
chase  of  such  land  and  making  said  roads,  and  twelve  per  cent,  interest 
per  annum  thereon,  to  be  ascertained  by  the  circuit  court  of  the  United 
States,  in  and  for  the  district  of  Columbia,  the  same  shall  become  free 
roads,  and  tolls  shall  be  no  longer  collected  thereon ;  and  said  company 
shall  annually  make  returns  to  said  circuit  court  of  the  amount  of  the 
tolls  collected,  and  of  their  necessary  expenses,  so  as  to  enable  said 
circuit  court  to  determine  when  said  tolls  shall  cease. 

Sec.  13.  And  be  U  Jurther  enacted.  That  if  any  person  or  persons, 
riding  in  or  driving  any  carriage  of  any  kind,  or  leading,  riding,  or 
driving  any  horses,  sheep,  hogs,  or  any  kind  of  cattle  whatever,  on  said 
road,  shall  pass  through  any  private  gate,  bars  or  fence,  or  over  any  pri- 
vate way  or  passage,  or  pass  through  any  toll  gate  under  any  pretended 
privilege  or  exemption,  to  which  he  or  she,  or  they  may  not  be  entitled, 
or  do  any  act  or  thing  with  intent  to  lessen  or  evade  the  tolls  for  passing* 
through  the  gates  established  under  this  act,  such  person  or  persons,  for 
every  such  offence,  shall  forfeit  to  the  said  president  and  directors,  not 
less  than  three,  nor  more  than  ten  dollars,  to  be  recovered  before  any 
justice  of  the  peace,  with  costs,  in  the  same  manner  that  small  debts  are 
recoverable :  Provided,  that  it  shall  not  be  lawful  for  the  company  to 
ask,  demand  or  receive  from  or  for  persons  living  on  or  adjacent  to  the 
said  roads,  who  may  have  occasion  to  pass  by  said  road  upon  the  ordi- 
nary business  relating  to  their  farms,  so  far  as  the  limits  of  the  same 
may  extend  on  the  roads  respectively,  who  shall  not  have  any  other  con- 
venient road  or  way,  by  which  they  may  pass,  from  one  part  to  another 
part  thereof,  any  toll  for  passing  on,  or  by  either  of  the  said  turnpikes. 

Apphoved,  April  20,  1810. 


When  the 
roads  ■hall  In 
ft«e« 


Penalty  Ibr 
eTadinff  pay- 
ment 01  tolla. 


Proviao. 


Statutb  n. 


Cbap.  XXVII. — Jn  Jd  to  amend  an  act,  entitukd  ^^Jn  aei  for  the  egtabUsh-    April  26,  1810. 
meni  of  a  Turnpike  Company  in  the  County  tf  Alexandria^  in  the  District  of 


Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  it  shall  and  may  be  law- 
ful to  and  for  the  president  and  directors  of  the  Washington  and  Alex- 
andria turnpike  company,  in  all  cases  where  stone,  gravel,  earth  or  sand, 
may  be  necessary  for  making  or  repairing  the  Washington  and  Alexan- 
dria turnpike  road,  and  the  president  and  directors  of  the  Washington 
and  Alexandria  turnpike  company  cannot  agree  for  the  same  with  the 
owners  thereof,  it  shall  and  may  be  lawful  for  any  one  of  the  judges  of 
the  circuit  court  of  the  district  of  Columbia,  upon  application  by  the 
iaid  president  and  directors,  or  any  person  authorized  by  them,  by  war- 
rant under  his  hand  and  seal,  to  command  the  marshal  of  the  said  dis- 
trict to  summon  a  jury  of  thirteen  disinterested  persons,  qualified  to 
serve  as  petit  jurors  in  the  said  circuit  court,  to  meet  at  the  place  where 
such  materials  may  be,  on  some  day  not  more  than  ten  afler  the  date  of 
such  warrant,  and  to  give  the  other  party  five  days'  notice  of  the  time 
and  place,  if  such  party  be  found  within  the  district  of  Columbia,  and  if 
any  of  the  said  jurors  should  fail  to  attend  at  the  said  time  and  place, 
the  marshal  may  immediately  summon  talesmen  in  the  place  of  those 
who  are  absent,  and  shall  administer  an  oath  to  the  said  jurors  or  tales- 
men as  the  case  may  be,  justly  and  impartially  to  value  the  said  materials, 
and  to  assess  the  damage  which  the  owner  thereof  shall  sustain  by  the 
taking  thereof  by  the  said  president  and  directors,  which  valuation  and 
assessment  of  damages  made  by  the  said  jurors  or  a  majority  of  them, 
shall  be  signed  by  the  said  marshal  and  the  jurors,  or  so  many  of  them, 
as  shall  agree  thereto,  and  be  returned  to  the  clerk  of  the  said  court  for 
the  county  of  Alexandria,  to  be  by  him  recorded,  and  shall  be  conclusive 
between  the  parties ;  and  a  copy  thereof  shall  be  delivered  to  each  of  the 

Vol.  if.— 73  3  C 


Act  of  March 
3,  1809,  ch.  31 

Mode  of  ob- 
taining atone  or 
sraTel  where  it 
la  neceaaary. 


578 


ELEVENTH  CONGRESS.    Sess.  II.  Ch.  29.    1810. 


To]]  gate  may 
be  remoTed. 


Proriflo. 


Mode  of  ob- 
taining the 
ground  for  a 
new  toll  house, 
fcc.&c. 


Corporation 
authorised   to 
increase    the 
number  of 
shares. 


Statute  II. 
April  25,  1810. 


All  goods  im- 
ported into  Bos- 
ton and  New- 
port which  shall 
be  conTcycd  by 
Rhode  Island 
bridge  and 
Taunton ,  or  ex- 
ported by  the 
same  routes 
from  Boston, 
shall  be  entitled 
to  the  benefit  of 
a  drawback  up- 
on exportation 
to  a  foreign  port. 


Act  of  March 
2, 1799,  ch.  22. 


parties  who  may  be  resident  in  the  said  district  of  Columbia,  and  the 
sum  so  awarded  and  assessed  being  paid  to  the  said  clerk  of  the  said 
court,  for  the  use  of  the  party  entitled  thereto,  the  said  president  and 
directors  may  proceed  to  take  and  carry  away  the  said  materials  so  valued 
for  the  purposes  aforesaid,  and  the  said  president  and  directors  shall  pay 
the  said  marshal  five  dollars  for  his  service  in  summoning  and  impannel- 
ling  the  said  jury,  and  taking  and  returning  said  inquest,  and  two  dol- 
lars to  each  of  the  said  jurors  so  sworn. 

Sec.  2.  And  be  it  further  enacted,  That  the  president  and  directors 
aforesaid,  may  remove  their  toll  gate  from  the  bridge  that  is  made  across 
Four  mile  creek,  and  place  the  same,  and  collect  the  tolls  of  their  said 
road  and  bridge,  on  any  part  of  the  said  road :  Provided,  that  the  said 
toll  gate  shall  not  be  placed  any  nearer  to  the  town  of  Alexandria,  than 
where  it  now  stands,  nor  more  than  half  a  mile  from  where  it  now  is. 

Sec.  3.  And  be  it  Jnrther  enacted,  That  it  shall  and  may  be  lawful 
for  the  president  and  directors  of  the  said  company,  or  a  majority  of 
them,  to  agree  with  the  owners  of  any  ground,  to  be  occupied  by  the 
necessary  toll  houses  and  gates,  for  the  right  thereof,  or  in  case  of  dis- 
agreement, or  in  case  the  owner  thereof  shall  be  a  feme  covert,  under 
age,  non  compos,  or  out  of  the  district,  then  the  same  shall  be  condemned, 
and  paid  for  in  the  same  manner,  and  subject  to  the  same  conditions  aa 
is  provided  by  the  act  to  which  this  is  a  supplement,  for  condemning  the 
lands  through  which  the  road  was  to  be  conducted :  Provided,  the  quan- 
tity of  land  so  condemned,  does  not  exceed  half  an  acre. 

Sec.  4.  And  be  it  further  enacted, ThKi  to  enable  the  said  company 
immediately  to  complete  and  render  sufficient  the  said  road,  according 
to  the  true  intent  and  meaning  of  the  said  recited  act,  it  shall  and  may 
be  lawful  for  the  stockholders  of  the  said  company,  at  any  general  meet- 
ing at  which  a  majority  of  them  in  person,  or  by  proxy,  shiul  be  present, 
to  increase  the  number  of  shares,  to  such  extent  as  shall  be  necessary  to 
accomplish  the  work,  on  the  road  aforesaid,  as  now  laid  out,  and  to  de- 
mand and  receive  the  money  subscribed  for  such  shares  in  the  like  man- 
ner, and  under  the  like  penalties,  as  therein  provided,  for  the  mginal 
subscriptions. 

Approved,  April  25,  1810. 


Chap.  XXIX. — An  Mt  to  allow  the  benefit  cf  drawback  on  merchandise  trane* 
ported  by  land  conveyance  from  Newport  to  Boston,  and  from  Boeton  to  New^ 
port,  in  like  manner  as  if  the  same  were  transported  coasttvise. 

Be  it  enacted  by  the  Senate  and  Hotise  of  Representatives  of  the  United 
Sfates  of  America  in  Congress  assembled.  That  all  goods,  wares  and 
merchandise,  duly  imported  into  either  of  the  ports  of  Boston  and  New- 
port, which  shall  be  transported  by  land  conveyance  from  the  port  of 
Newport,  by  the  way  of  Rhode  Island  bridge  and  Taunton,  to  Boston ; 
or  from  Boston,  by  the  same  route,  to  Newport,  and  which  being  im- 
ported into  Newport,  shall  be  exported  from  Boston :  or  which  being 
imported  into  Boston  shall  be  exported  from  Newport,  shall  be  entitled 
to  the  benefit  of  a  drawback  of  the  duties  upon  exportation,  to  any 
foreign  port  or  place,  under  the  same  provisions,  regulations,  restric- 
tions and  limitations,  as  if  the  said  goods,  wares  and  merchandise  were 
transported  coastwise  from  one  to  another  of  the  said  districts ;  and  on 
the  proviso  that  all  the  provisions,  regulations,  limitations  and  restric- 
tions existing  in  the  case  of  goods,  wares  and  merchandise,  transported 
by  any  of  the  routes  mentioned  in  the  seventy-ninth  section  of  the  act, 
entituled  <'An  act  to  regulate  the  collection  of  duties  on  imports  and 
tonnage,"  passed  the  second  of  March,  one  thousand  seven  hundred  and 
ninety-nine,  shall  be  duly  observed. 

Approved,  April  25,  1810. 


ELEVENTH  CONGRESS.    Sess.  n.  Ch.  30.     1810. 


579 


Chap.  XXX Jin  Act  to  establish  Post  Roads. 

Be  it  enacted  by  the  Senate  and  House  of  RqfresenttUives  of  the  United 
States  of  America  in  Congress  assembled^  That  the  following  be  estab- 
lished as  post  roads : 

tn  the  District  o/ Jlfin«e.— From  Portsmouth,  N.  H.  by  Kittery,  York, 
Wells,  Arundell,  6iddeford,  Saco,  Scarboro',  Cape  Elizabeth,  Portland, 
Falmouth,  North  Yarmouth,  Freeport,  Brunswick,  Bath,  Woolwich, 
Wiscasset,  New  Castle,  Waldoboro',  Warren,  Camden,  Canaan,  Lincoln- 
ville,  Northport,  Belfast,  Prospect,  Buckstown,  Orland,  Trenton,  Sulli- 
van, Steuben,  Harrington,  Addison,  Jones,  Machias,  Denneysville  and 
Scodic,  to  Calais.  From  Dover,  N.  H.  by  Berwick  and  Doutysfalls,  to 
Arundel  or  Keimebunk.  From  Portland,  by  Gorham,  Buckstown,  Li- 
merick, Limington,  Cornish,  Parsonfield,  Newfield,  Shapleigh,  Lebanon, 
Berwick,  Sanford,  Alfred,  Waterboro'  and  Philipsburg,  to  Buxton.  From 
Portland,  by  Saccarappee,  Gorham,  Standish,  Flintstown,  Hiram  and 
Brownfield,  to  Frybush.  From  Portland,  by  Windham,  Raymond, 
Bridgetown,  Lovell,  Waterford,  Norway,  Paris,  Buckfield,  Sumner, 
Hartford,  Livermore,  Turner,  Poland,  New  Gloucester  and  Hebron 
academy,  to  Paris.  From  Portland,  by  Falmouth,  Gray,  New  Glouces- 
ter, Lewistown,  Green,  Monmouth,  Win throp,  Augusta,  Sydney,  Water- 
ville,  Fairfield  and  Canaan,  to  Norridgewock  and  Anson.  From  Bruns- 
wick, by  Topsham,  Bowdoinham,  Gardiner  and  Hallowell,  to  Augusta. 
From  Gardiner,  by  Pittstown  and  Dresden,  to  Wiscassett.  From  Au- 
ffusta,  by  Redfield,  Mount  Vernon,  Chester  and  New  Sharon,  to  Farm- 
ington.  From  Augusta,  by  Vassalboro',  Winslow,  Clinton,  Fairfax, 
Unity  and  Collegetown,  to  Hampden.  From  Wiscassett,  by  Edgecomb, 
to  Boothbay.  From  Wiscassett,  by  New  Milford,  Jefferson,  Palermo 
and  Montville,  to  Belfast.  From  Buckstown,  by  Frankfort,  Hampden 
and  Bangor,  to  No.  1,  7th  Range,  and  thence  by  Orrington,  to  Bucks- 
town.  From  Buckstown,  by  Penobscot,  Castine,  Sedgwick  and  Blue 
Hill,  to  Buckstown,  and  from  Castine  to  Lincolnville.  From  Sullivan 
to  Goldsboro'.     From  Dennysville  to  Eastport. 

In  New  Hampshire. — From  Salisbury,  Ms.  by  Seabrook  and  Hamp- 
ton, to  Portsmouth.  From  Portsmouth,  by  Durham  and  Northwood,  to 
Concord.  From  Portsmouth,  by  Exeter  and  Kingston,  to  Haverhill, 
Ms.  From  Portsmouth,  by  Exeter,  Chester,  Londonderry,  Merrimack, 
Amherst,  Petersboro',  Marlboro'  and  Keene,  to  Walpole.  From  Haver- 
hill, Ms.  by  Chester,  Concord,  Hopkinton,  Henniker  and  Lempster,  to 
Charleston.  From  Haverhill,  Ms.  by  Salem,  to  Windham.  From  Tyng- 
borp',  Ms.  by  Dunstable,  Amherst,  Francistown,  Washington  and  Clare- 
mont,  to  Windsor,  Vt.  From  Portsmouth,  by  Nottingham,  Epsom,  Pem- 
broke, Concord,  Salisbury,  Andover,Wilmot,  Enfield,  Lebanon,  Hanover, 
Lime,  Orford,  Piermont,  Haverhill,  Bath,  Littleton,  Dalton,  Lancaster, 
Cockburn,  Colebrook  and  Stuart,  to  Norfolk,  Vt.  From  Hanover,  by 
Canaan  and  Groton,  to  Plymouth.  From  Salisbury,  by  Andover,  New 
Chester  and  Bridgewater,  to  Plymouth,  thence  by  Holderness,  New 
Hampton  and  Sanbornton,  to  Salisbury.  From  Newburyport,  Ms.  by 
Exeter,  New  Market,  Durham,  Dover  and  Barrington,  to  Gilmanton. 
From  Portsmouth,  by  Dover,  Rochester,  Middletown,  Ossippee,  Moulton- 
boro'.  Centre  Harbor,  Plymouth  and  Haverhill,  to  Newbury;  and  from 
Plymouth,  by  New  Hampton,  Meredith,  Gilmanton,  Nottingham  and 
Durham,  to  Portsmouth.  From  Friburg,  Me.  by  Conway,  Barletts,  Rose- 
brooks  and  JeflTerson,  to  Lancaster.  From  Winchendon,  Ms.  by  Fitz* 
William  and  Keene,  to  Brattleboro',  Vt.  From  Warwick,  Ms.  by  Win- 
chester and  Hinsdale,  to  Brattleboro',  Vt.  From  Asliby,  Ms.  by  New 
Ipswich  and  Jaffray,  to  Marlboro'. 

In  Vermont. — From  Lansingburg,  N.  Y.  by  Bennington,  Shaflsbury, 
Arlington,  Manchester,  Rutland,  Pittsford,  Branden,  Leicester,  Salis- 


Statute  II. 
April  28,  1810. 

[Repetled.] 


Pott  roadi. 


1814,  ch.  75, 
DC.  3. 

1815,  ch.  69. 


1813,  ch.  80. 
1816,  ch.  69. 


580  ELEVENTH  CONGRESS.    Sess.  II.  Ch.  30.    1810. 

Pwt  roadi.      bury,  Middlebary,  New  Haven,  Vergennes,  Ferrisbarg,  Charlotte,  Shel- 
buru,  Burlington,  Colchester,  Milton,  Georgia  and  St  Alban's,  to  High- 
1812,  ch.  80,   gate.    From  Williamston,  Ms.  by  Pownall,  to  Bennin^n.    From  Brat- 
'^315  ^^^  ^     Ueboro',  by  Marlboro',  Wilmington  and  Woodford,  to  Bennington.  From 
•ee.S. '  '    Rutland,  by  Clarendon,  Shrewsbury,  Plymouth,  Reading  and  Windsor, 

to  Cavendish.  From  Rutland,  by  Castletown,  Fairhaven,  Benson,  Or- 
well, Shoreham  and  Addison,  to  Vergennes.  From  Middlebury,  by 
New  Haven,  Monkton,  Hynesbnrg,  Williston,  Jericho,  Essex,  Westford, 
Fairfax,  Fairfield  and  Sheldon,  to  Huntsburg;  thence  by  Berkshire, 
Enosburg,  Bakersfield,  Cambridge,  Underbill,  Richmond,  Huntington, 
Starksboro'  and  Bristol,  to  Middlebury,  and  from  thence  to  Poultney, 
and  also  from  Middlebury,  by  Royalton,  to  Hanover,  N.  H.  From 
Barnardstown,  Ms.  by  Hinsdale,  Brattleboro',  Putney,  Westminster, 
Walpole,  Charleston,  Wethersfield,  Windsor,  Hartford,  Norwich,  Tbet- 
ford,  Fairlee,  Bradford,  Newbury,  Ryeffate,  Barnet,  Littleton,  Concord 
and  Lunenburg,  to  Guildhall.  From  Walpole,  N.  H.  by  Bellowsfalls, 
Rockingham,  Chester,  Cavendish,  Ludlow  and  Shrewsbury,  to  Rutland. 
From  Windsor,  by  Woodstock,  Barnard,  Royalton,  Randolph,  Williams- 
ton,  Berlin,  Montpelier,  Middlesex,  Waterbury,  Bolton,  Jericho  and 
Williston,  to  Burlington,  and  from  thence  to  Grand  Isle.  From  Royal- 
ton,  by  Tunbridge,  Vershire  and  Corinth,  to  Newbury.  From  Newbury, 
by  Corinth,  Washington  and  Barre,  to  Berlin.  From  Ryegate,  by  Peach- 
am,  Danville,  Wheelock,  Sheffield,  Glover,  Barton,  Brownington  and 
Salem,  to  Derby.  From  Lancaster,  N.  H.  by  Lunenburg,  St,  Johnsbury, 
Danville,  Walden,  Harwich,  Woolcott,  Hydespark,  Johnston  and  Fletcher, 
to  St  Albans. 

In  Massachusciis. — ^From  Suffield,  Ct  by  Sprinfffield,  Wilbraharo, 
Palmer,  Western,  Brookfield,  Spencer,  Leicester,  Worcester,  Shrews- 
bury, Northboro',  Marlboro',  Sudbury,  Watertown,  Cambridge,  Boston, 
Charlestown,  Maiden,  Lynn,  Salem,  Beverly,  Wenham,  Hamilton,  Ips- 
wich, Rowley  and  Newburyport,  to  Salisbury.  From  Suffield,  Ct  by 
Westfield,  Southampton,  Northampton,  Hatfidd,  Whately,  Deerfield  and 
Greenfield,  to  Barnardstown.  From  Salisbury,  Ct  by  Sheffield,  Great 
Barrington,  Stockbridge,  Lenox,  Pittsfield,  Lanesboro'  and  Williamston, 
to  Greenfield.  From  Canaan,  Ct  by  Sheffield,  to  Egremont  From 
Colebrook,  Ct.  by  Southfield,  Sandisfield,  Lee,  Lenox  and  Hancock,  to 
New  Lebanon,  N.  Y.  From  Springfield,  by  Stockbridge  and  West 
Stockbridge,  to  Albany,  N.  Y.  From  Granby,  by  Granville,  Blandford 
and  Chester,  to  Middefield.  From  Brookfield,  by  Ware,  Belchertown, 
Hadley,  Northampton,  Chesterfield,  Worthineton,  Partridgefield,  Dalton, 
Pittsfield  and  Hancock,  to  New  Lebanon.  From  Stafford,  Ct  to  Brook- 
field or  Worcester,  and  thence  by  Framingham,  to  Boston.  From  Wor- 
cester, by  Holden,  Rutland,  Barre  and  Petersham,  to  Athol.  From 
Rutland,  by  Hubbardstown  and  Templeton,  to  Winchenden.  From 
Rutland,  by  Greenwich,  Hardwich,  Pelham,  Amherst  and  Hadley,  to 
Northampton,  and  thence  by  South  Hadley,  to  Springfield.  From 
Boston,  by  Dedham,  Walpole,  Foxborough  and  Attleborough,  to  Provi- 
dence, R.  r.  From  Boston,  by  the  Newburyport  turnpike,  to  Newbury- 
port From  Dedham,  by  Medfield,  Medway,  Bellingham,  Milford, 
Mendon,  Uxbridge  and  Douglass,  to  Thompson,  Ct  From  Boston,  by 
Milton,  Canton,  Easton,  Taunton,  Berkley  and  Freetown,  to  New  Bed- 
ford. From  Boston,  by  Dorchester,  Quincy,  Braintree,  Weymouth, 
Hanover,  Pembroke,  Kingston,  Plymouth,  Sandwich,  Barnstable,  Yar- 
mouth, Dennis,  Brewster,  Harwich.  Chatham,  Orleans,  Eastham,  Well- 
fleet  and  Truro,  to  Provincetown.  From  Sandwich,  by  Falmouth,  to 
Nantucket.  From  Falmouth  to  Edgarton.  From  Sandwich,  by  Ware- 
ham,  Rochester,  New  Bedford  and  Dartmouth,  to  Westport  From 
Weymouth,  by  Hingham,  Cohaaset,  Scituate,  Marshfidd  and  Duxbury, 
to  Kingston.     From  Weymouth,  by  Abington,  Bridgewater,  Raynbam, 


ELEVENTH  CONGRESS.    Sess.  U.  Ch.  30.    1810.  681 

TauDton,  Dighton,  Somerset  and  Swanzey,  toWarreOi  R.  I.  From  Poitroadt. 
Boston,  by  Concord,  Stow,  Bolton,  Lancaster,  Leominster,  Westminster, 
Templeton,  Gerry,  Athol  and  Oranse,  to  Warwick.  From  Concord, 
by  Littleton,  Groton  and  Townsend,  to  Ashby.  From  Concord,  by 
FitzwiUiam,  N.  H.  to  Brattleborough,  Vt.  From  Boston,  by  Medford, 
Woboam,  Billerica  and  Cbelmsford,  to  Tyngsboro*.  From  Wobam,  by 
AndoTer,  to  HaTerbill.  From  Billerica,  by  Patucket  bridge,  Dracat, 
Pelham,  N.  H.  and  Windham,  to  Londonderry.  From  Salem  to  Marble- 
head.  From  Salem,  by  Manchester,  to  Gloucester.  From  Salem,  by 
Dangers,  Topsfield,  Boxford  and  Bradford,  to  Haverhill.  From  New- 
baryport  to  Haverhill.  From  Troy,  by  Freetown,  Berkley,  to  Taantbn. 
From  Plymouth,  by  Taunton,  to  Providence,  R.  I.  From  Framington, 
by  Southborough,  Westborough,  Grafton,  Sntton,  Oxford,  Dudley  and 
Woodstock,  to  Ashford  in  Connecticut. 

In  Rhode  Island. — From  Plainiield,  Ct  by  Scituate  and  Providence,  1312,  ch.  80. 
to  Smithfield.  From  Providence,  by  Barrington,  Warren  and  Bristol, 
to  Newport  From  Providence,  by  Patucket,  East  Greenwich,  Wick- 
ford  and  Little  Rest,  to  Towerhill  or  South  Kingston.  From  Newport, 
by  Tiverton,  to  Westport,  Ms.  From  Newport,  by  Towerhill  and  by  the 
Courthouse  in  South  Kingston,  Charleston  and  Westerly,  to  Stoning- 
ton,  Ct.  From  Newport,  by  Tiverton,  to  Troy,  Ms.  From  South  Kings- 
ton, by  Richmond,  Hopkinton,  North  Stonington  and  Preston,  to  Nor- 
wich, Ct. 

In  Qmnectieui. — From  Rye,  N.  Y.  by  Greenwich,  Stamford,  Norwalk,  1812,  ch.  80. 
Fairfield,  Bridgeport,  Stratford,  Milford,  New  Haven,  North-haven,  i!}J'*^^K- 
Wallingford,  Berlin,  Wethersfield,  Hartford  and  Windsor,  to  Suffield.  "*'^'  ''^'  ^' 
From  Norwalk,  by  Reading,  Danbury,  Brookfield,  New  Milford,  Wash- 
ington, Litchfield,  Harwinton,  Burlington,  Farmington,  Hartford,  East 
Hartford,  Ashford  and  Pomfret,  to  Thompson.  From  New  Milford,  by 
Kent  and  Sharon,  to  Salisbury.  From  Bridgeport,  by  Trumbull,  Rip- 
ton,  Huntington  and  Newton,  to  Brookfield.  From  New  Haven,  by 
Derby,  Southbury,  Woodbury,  Bethlehem,  Litchfield  and  Goshen,  to 
Canaan.  From  New  Haven,  by  Woodbridge,  Waterbury,  Watertown, 
Litchfield,  Cornwall  and  Sharon,  to  Poughkeepsie,  N.  Y.  From  New 
Haven,  by  Cheshire  and  Southington,  to  Farmington.  From  New  Haven, 
by  Dufham  and  Middletown,  to  Wethersfield.  From  New  Haven,  by 
Branford,  Guilford,  Killingworth,  Saybrook,  Lyme,  New  London,  Chel- 
sea and  Jewitt's  city,  to  Plainfield.  From  Saybrook,  by  Petty  Paug, 
Haddam,  East  Haddam  and  Middle  Haddam,  to  Middletown.  From 
Stoninffton,  by  New  London,  Montville,  Colchester,  Glastenbury,  Hart- 
ford, Wintonbury,  Canton,  New  Hartford,  Winchester  and  Norfolk,  to 
Canaan.  From  Norwich,  by  Canterbury  and  Brooklyn,  to  Pomfret. 
From  Hartford,  by  Simsbury,  to  Granby.  From  New  Hartford,  by 
Hartland,  to  Colebrook.  From  Hartford,  by  East  Hartford,  Oxford, 
Hebron,  Lebanon  and  Norwich,  to  Chelsea.  From  Hartford,  by  Coven- 
try, Windham  and  Canterbury,  to  Plainfield.  From  Hartford,  by  Tolland, 
to  Stafford.  From  East  Hartford,  by  East  Windsor,  to  Springfield,  Ms. 
From  Danbury  to  Ridgefield 

In  New  York. — From  Jersey  city,  by  New  York,  Harlaem  and  New  1812,  ch.  80. 
Rochelle,  to  Rye.  From  New  York  city,  by  Brooklyn,  Jamaica,  Hemp-  ||}J»  ^'  Jj- 
stead,  Merrick,  South  Oyster  Bay,  South  Huntington,  Islip,  Patchogue,  * 

Fireplace,  Morriches,  Westhampton,  Southampton  and  Bridsehampton, 
to  Sag  Harbor.  From  Jamaica,  by  Queen's  c.  h.  Oyster  Bay,  Hunt- 
ington, Dixhills,  Smithtown,  Setauket,  Brookhaven  and  Riverhead, 
to  Southhold.  From  New  York*,  by  Kingsbridge,  Yonkers,  Greensburg, 
Mount  Pleasant,  Peekskill,  Fishkill,  Poughkeepsie,  Staatsburg,  Rhine- 
beck,  Redhook,  Clermont,  Hudson,  Kinderhook,  Albany,  Schenectady, 
Amsterdam,  Tripshill,  Palatine,  Little  Falls,  Herkimer,  Utica,  New 
Hartford,  Westmoreland,  Oneida,  Sullivan,  Caneseraga,  Manlius,  Onon- 

3c2 


582  ELEVENTH  CX)NGRESS.    Sess.  II.  Cu.  30.     1810. 

Post  roads.  daga,  Marcellus,  Skeneatales,  Aurelius,  Cayuga,  Geneva,  Canandaigaa, 
Bloomfield,  Avon,  Southampton,  Batavia,  New  Amsterdam  and  Lewis- 
town,  to  Youngstown  or  Niagara.  From  New  Rochelle,  by  White- 
plains,  Salem,  Ridgefield,  Ct.  South  East,  Patterson  and  Pauling,  to 
Dover.  From  Ramapo-works  to  Newburg.  From  New  Antrim,  by 
Monroe,  Chester,  Goshen,  Wallkill,  Montgomery,  Shawangunk,  New 
Paltz,  Kingston,  Songaerties,  Catskill,  Lunenburgh,  Cocsacksie,  Coye- 
mans,  Bethlehem,  Albany,  Troy,  Lansinburg,  Waterford,  Stillwater, 
Saratoga,  Northumberland,  Fort  Miller,  Sandy  Hill,  Queensbury,  Fort 
George,  Thurman,  Chester,  Scaroon  lake,  Elizabeth,  Willsboro',  Peru 
and  Plattsburg,  to  Champlain  town.  From  Hamburg,  N.  J.  by  Warwick, 
Florida,  Goshen,  Little  Britain,  New  Windsor,  Newburg  and  Fishkill 
landing  to  Fishkill.  From  Danbury,  Ct.  by  Fishkill  landing  and  New- 
burg to  Chenango  Point.  From  Rhinebeck,  by  Kingston,  Shandecan, 
Middletown,  Delhi,  Walton,  Sidney,  Jericho  bridge,  Onoquago,  Bing- 
hamton.  Union,  Owego,  Athens,  Pa.  Chemung,  Elmira,  ureat-flat. 
Painted  Post,  Bath,  Canesteo,  Ark  Port,  Danville,  Williamsburg  and 
Geneseo  to  Avon.  From  Delhi  to  Meredith.  From  Wellsboro',  Pa.  by 
Lindsleystown,  to  Painted  Post.  From  Hudson,  by  Lunenburg,  Cats- 
kill,  Cairo,  Durham,  Broome,  Blenheim,  Stamford,  Harperslield,  Kort- 
wright,  Meredith,  Franklin,  Unadilla  and  Clinton,  to  Jericho  bridge. 
From  Erie,  Pa.  by  Caseda,  Cataraugus  and  Fish  creek,  to  New  Amster- 
dam. From  Bath,  by  Roscommon  and  Jerusalem,  to  Geneva.  From 
Elmira,  by  Catherinestown,  Hector,  Ovid,  Lancaster  and  Romulus,  to 
Geneva.  From  Owego,  by  Cantines,  Ithica,  Salmon  creek,  Milton, 
Aurora,  Cayuga  and  Galen,  to  Great  Sodus.  From  Ithica,  by  Ulysses, 
to  Ovid.  From  Binghampton,  by  Green  or  Lisle,  Oxford,  Norwich, 
Hamilton,  Paris  and  New  Hartford,  to  Utica.  From  Oxford,  by  Una- 
dilla, Otego,  Milford,  Hartwick,  Otsego  village  and  Bridewater,  to  Utica. 
From  Albany,  by  Duanesburg,  Dwilock,  Cherry  valley,  Otsego  village, 
Burlington,  Columbus,  Sherburne,  Deruyter,  Truxton  and  Homer,  to 
Aurora.  From  Burlington,  by  New  Berlin,  Plymouth,  Cincinnatus  and 
Homer,  to  Ithica.  From  Otsego  village,  by  New  Lisbon,  Pittsfield  and 
Butternuts,  to  Oxford.  From  Cherry  valley,  by  Springfield,  Richfield, 
Plainfield  and  Bridgewater,  to  Sangerfield.  From  Onondaga,  by  Selina, 
Liverpool,  Three  Rivers  Point  and  Oswego  Falls,  to  Oswego.  From 
Vernon,  by  Smithfield  and  Cazenovia,  to  Pompey.  From  Utica,  by 
Whitestown,  Rome,  Camden,  Adams  and  Sackett's  Harbor,  to  Browns- 
ville. From  Utica,  by  Trenton,  Steuben,  Leyden,  Turin,  Lowville,  Har- 
risburg.  Oxbow,  Dekalb,  Canton,  Ogdensburg,  Lisbon,  Hamilton,  Ma- 
drid, Pottsdam,  Chesterfield,  Malone  and  Chetaugo,  to  Plattsburg.  From 
Starrisburg,  by  Champion,  Watertown  and  Brownsville,  to  Port  Putnam. 
From  Little  Falls,  by  Fairfield,  Newport  and  Russia,  to  Remsen.  From 
Perramus,  by  Tappan,  Clarkstown  and  Kakiat,  to  Havrestraw.  From 
Schenectady,  by  Ballstown,  Ballstown  Sprmgs,  Saratoga  Springs,  Green- 
field and  Hadley,  to  Broadalbin.  From  Caughnawago,  by  Johnson  and 
Mayfield,  to  Northampton.  From  Lansinburg,  by  Shaghticoke,  Easton, 
Greenwich,  Argyle,  Hartford  and  Whitehall,  to  Fairhaven,  Vt.  From 
Sandy  Hill,  by  Fort  Ann,  to  Whitehall.  From  Lansinburg,  by  Cam- 
bridge, Salem,  Hebron,  Granville  and  Hampton,  to  Poultney,  Vt.  From 
Willsboro'  to  Charlotte,  Vt.  From  Albany  to  New  Lebanon.  From 
Hudson,  by  Claverac,  to  Egremont,  Ms. 

In  New  Jersey. — From  Morrisville,  Pa.  by  Trenton,  Princeton,  New 
1812,  ch.  80.     Brunswick,  Rahway,  Elizabethtown  and  Newark,  to  Jersey  city.     From 
1815*  *h'  fid'     Philadelphia,  Pa.  by  Cooperstown,  Gloucester,  Woodbury,  Swedesboro' 
1815,  ch.  69.     ^^^  Woodstown,  to  Salem.     From  Cooperstown,  by  Long  Coming,  Blue 
Anchor,  Riverbridge  and  Somer's  Point,  to  Absecome.    From  Coopers- 
town, by  Haddonfield,  Taunton  and  Atsion,  to  Tuckertown.     From 
Trenton,  by  Bordentown,  Mount  Holly,  Black  Horse,  New  Egypt,  New 


ELEVENTH  CONGRESS.    Sess.  IL  Ch.  30.    1810.  683 

Mills,  Mount  Holly,  Morestown,  Haddoniield,  Cooperstown,  Gloucester,  Poct  toida. 
Woodbury,  MulHcohill,  Poletavern,  Deerfield,  Bridgetown,  Millville,  Port 
Elizabeth,  Dennis  and  Cape  May  c.  h.  to  Cape  Island.  From  Trenton, 
by  Pennington,  Flemington,  Alexandria,  Belvidere,  Hope,  Johnsonburg 
and  Newtown,  to  Hamburg.  From  Trenton,  by  Allentown,  Cranberry, 
Monmouth,  Shrewsbury,  Middletown  Point,  Spotswood,  New  Bruns- 
wick, Somerville,  Pluckemin,  New  Germanton,  New  Hampton,  Asbury 
and  Pittston,  to  Alexandria.  From  New  Hope,  Pa.  by  Somerville, 
Boundbrook,  Newmarket,  Plainfield,  Scotch  Plains  and  Springfield,  to 
Newark.  From  Easton,  Pa.  by  Belvidere  and  Knowlton  Mills,  to  De- 
totsburg,  Pa.  From  Scotch  Plains  to  New  Providence.  From  Rahway, 
by  Wood  bridge,  to  Amboy.  From  Newark,  by  Chatham,  Morristown, 
Rockaway  and  Sparta,  to  Newtown,  thence  by  Hacketstown,  Washing- 
ton Valley,  Chester  and  Menham,  to  Morristown.  From  Morristown, 
by  Baskenridge,  to  Somerville.  From  Jersey  City,  by  Bergen,  Hacken- 
sack  and  Paramus,  to  New  Antrim.  From  Bristol,  Pa.  to  Burlington. 
From  Bridgetown  to  Cedarville. 

In  Pennsylvania. — From  Wilmington,  D.  by  Chester,  Darby,  Phila-  1812,  eh.  80, 
delphia,  Frankfort  and  Bristol,  to  Morrisville.  From  Philadelphia,  by  •*jgj: 
Downingtown,  Lancaster,  Elizabethtown,  Middletown,  Harrisburg,  Car-  mcS.'  °  * 
lisle,  Shippensburg,  Cbanibersburg,  M'Connelstown,  Bedford,  Somerset,  1815,  ch.  89, 
Greensburg,  Pittsburg,  Cannonsburg  and  Washington,  to  West  Mid-  ■•«•*• 
dletown.  From  Taneytown,  Md.  by  Petersburg,  Hanover,  York  and 
Columbia,  to  Lancaster.  From  Brick  Meeting-house,  Md.  by  the  Rising 
Sun,  Unicorn,  Black  Horse,  Sorrel  Horse,  Lancaster,  Leditz,  Ephrata, 
Reemstown,  Adamstown,  Reading,  Cootstown,  Allentown,  Bethlehem, 
Easton,  Stroudsburg  and  Middletown,  to  Mil  ford,  and  thence  to  Pitts- 
ton. From  Brick  Meeting-house,  Md.  by  New  London,  Chatham, 
Kennett's  square,  Marshalltown  and  West  Chester,  to  Downingtown. 
From  Wilmington,  D.  by  New  Garden,  Chatham,  Gap  and  Strasburg, 
to  Lancaster.  From  Lancaster,  by  New  Holland,. Churchtown,  Morgan- 
town,  Pughtown,  Pawlingsford,  Norristown,  Montgomery,  Doylestown, 
New  Hope,  Newtown  and  Attleborough,  to  Bristol.  From  Philadelphia, 
by  Jenkintown,  Doylestown,  Plumstead,  Bursontown,  Easton,  Hellers, 
Woods,  Wilkesbarre,  Pittston,  Putnam,  Braintrem,  Wyalusing,  Standing 
Stone,  Wysox  and  Sheshequin,  to  Athens.  From  Pittston,  by  Provi- 
dence and  Willingboro',  to  Binghamton,  New  York.  From  Plumstead, 
by  Eerwinna,  to  Alexandria,  N.  J.  From  Jenkintown  to  New  Hope. 
From  Philadelphia,  by  Germantown,  Chesnut-hill,  Whitemarsh,  Montgo- 
mery Square,  Quakertown,  Bethlehem,  Kreidersville,  Lausanne  and 
Nescopeck,  to  Berwick.  From  Bethlehem  to  Nazareth.  From  Phila- 
delphia, by  Germantown,  Springtown,  Norristown,  Trap,  Reading, 
Hamburg,  Sunbury,  Northumberland,  Milton,  Muncey  and  Williamsport, 
to  Wellsborough.  From  Milton,  by  Washington  and  Jerseytown,  to 
Froetston.  From  Harrisburg,  by  Halifax,  Sunbury,  Northumberland, 
Lewisburg,  Mifflinburg  and  Aaronsburg,  to  Bellefont,  Milesburg,  Clear- 
field and  Venango,  to  Mercer.  From  Harrisburg,  by  Palmyra,  Lebanon 
and  Womelsdorf,  to  Reading.  From  Lebanon  to  Jonestown.  From 
Harrisburg,  by  Clarks-ferry,  Millerstown,  Thompsonton,  Mifflintown, 
Lewistown,  M'Vaytown,  Huntingdon,  Alexandria,  Hollidaysburg,  Beaula, 
Armagh,  Indiana,  through  Alexandria,  to  Greensburg.  From  Mifflin- 
town, by  Waterford,  Concord,  to  Fannetsburg.  From  Manchester,  Md. 
by  Hanover,  Abbotstown,  Berlin  and  Sulphur  Springs,  to  Carlisle. 
From  Uni9n,  Md.  by  Petersburg  and  Gettisburg,  to  Chambersburg. 
From  Emittsburg,  Md.  by  Gettisburg,  Carlisle,  Gap,  Millerstown,  Selin's 
Grove,  Northumberland,  Danville,  Bloomsburg,  Berwick,  Salem  and 
Hanover,  to  Wilkesbarre.  From  Carlisle,  by  Waggoners'  Gap,  Landis- 
burg,  Hacketts,  Shower's  Mill  and  Zimmermans,  to  Douglass'  Mill. 
From  Hagerstown,  Md.  by  Greencastle,  Chambersburg,  Strasburg,  Fan- 


.  1. 


684  ELEVENTH  CONGRESS.    Sias.  U.  Cb.  80.    1810. 

PMtroadf.  netsburg,  Bedford  farnace,  Shirlejs,  Huntingdon,  Centre  fbmace,  Bet- 
font,  Jersey  shore,  to  WiUiamsport  From  Belfont  to  Lewistown.  From 
Gettisburg,  by  Fairfield  and  Greencastle,  to  Messersbarg.  From  Cam- 
berland,  Md.  by  Salisbury  and  Berlin,  to  Somerset.  From  Somerset, 
by  Connellsville,  Union  and  New  Geneva,  to  Morgantown,  Ya.  From 
Somerset,  by  Staystown,  to  Ebensburg.  From  Greensburg,  by  New 
Alexandria,  to  Kittaning.  From  Greensburg,  by  Mount  Pleasant,  Robbs- 
town,  Parkinson's  ferry  and  Washington,  to  Burgettstown.  From  Union, 
by  Brownsville,  Washington,  Waynesborough  and  Jefiersonville,  to 
Union.  From  Pittsburg,  by  Butler,  Mercer,  Franklin,  Meadsville, 
Crawford  and  Le  Beuf,  to  Erie.  From  Erie  to  Litchfield,  O.  From 
Pittsburg,  by  Beavertown,  to  Greersburg.  From  Beavertown  to  George> 
town.  From  Baltimore,  Md.  to  York. 
In  Michigan, — From  Fort  Miami,  by  Frenchtown,  to  Detroit 

1812,  eh.  80,  In  Ohio.— From  Point  Pleasant,  Va.  by  Gallipolis,  ScioU  Salt  Works, 
"^816  eh.  68  Chilicotha,  Franklinton,  Worthington,  Delaware,  Mount  Vernon,  Mans- 
lee.  8.'  '    field,  Ripley  and  Bronson,  to  Huron.     From  Marietta,  by  Belpre,  to 

Wood  c.  h.  From  Marietta,  by  Athens,  Chilicotha,  New  Market,  Wil- 
liamsburg, Milford,  Columbia,  Cincinnati,  to  Northbend.  From  Wheel- 
ing, Va.  by  St.  Clairsville,  Morristown,  Frankford,  Cambridge,  Zanes- 
▼ille,  Springfield,  New  Lancaster,  Chilicotha  and  Browns'  Cross-roads, 
to  Maysville,  K.  From  Cincinnati,  by  Crossby,  Hamilton,  Franklin, 
Dayton,  Staunton,  Troy,  Pique  Town,  Springfield,  Ludlow,  Xenia, 
Waynesville^  Lebanon  and  Montgomery,  to  Cincinnati.  From  Chili- 
cotha, by  Pepee,  to  Alexandria.  From  Zanesville,  by  Gnadenhutten 
and  New  Philadelphia,  to  Canton.     From  Marietta,  by  Waterford, 

Diacontinoed  Zanesville,  Newark,  Greenville,  Worthington,  to  Urbana.  From  Troy 
1814,  oh.  75,  iq  Greenville.  From  Brook  c.  h.  Va.  to  Steubenville  and  Faucettstown, 
to  New  Lisbon.  From  Greersburg  or  Beavertown,  Pa.  by  New  Lisbon, 
Deerfietd,  Ravenna,  Hudson,  Cleveland,  Huron,  Perkins,  Patterson  and 
Sandusky,  to  Fort  Miami.  From  Greersburg,  Pa.  by  Poland,  Youngs- 
town  and  Warren,  to  Jefferson,  and  return  by  Williamsfield,  Smithfield 
and  Brookfield,  to  Warren.  From  Litchfield,  by  Ralphville,  Jefferson 
and  Austinville,  to  Cleveland.    From  Youngstown  to  Canfield. 

1812,  oh.  80,  In  Iwliana. — From  liouisville,  K.  by  Jeffersonville,  Clarksville,  Cory- 
^'su  ch  75  ^^"  ^^^  Vincennes,  to  the  United  States'  Saline.  From  Northbend,  O. 
ee.  1.'  *  *     'by  Laurenceburg,  to  Port  William,  K. 

In  Illinois, — From  Vincennes,  In.  T.  by  Kaskaskia,  Prairies  du  Ro- 
ckers and  Cohakia,  to  St  Louis.  From  Smithland,  K.  by  Fort  Ma»- 
sack  and  Tywappety,  to  Cape  Girardeau,  L.  T. 

In  Louisiana, — From  St.  Genevieve,  by  Mine  au  Burton  and  St. 
Louis,  to  St  Charles.  From  Kaskaskia,  I.  T.  by  Genevieve  and  Cape 
Girardeau,  to  New  Madrid. 

In  Delaware. — From  Elkton,  Md.  by  Christiana  and  Newport,  to 
Wilmington.  From  Wilmington,  by  New  Castle,  St  Georges,  Cant- 
well's  Bridge,  Smyrna,  Dover,  Camden,  Frederica,  Milford,  Georgetown 

lftl4,  ch.  75.  and  Dagsborough,  to  Poplartown,  Md.  From  Cantwell's  bridge,  by 
Middletown,  to  Warwick,  Md.  From  Frederica  to  Whiteleysburg. 
From  Salisbury,  Md.  by  Laurel,  Concord  and  Georgetown,  to  Lewis- 
town.  From  New  Market,  Md.  by  North  West  Fork  Bridge  and 
Bridge  Branch,  to  Georgetown. 

In  Maryland. — From  Washington  City,  by  Bladensburg,  Baltimore, 

1818,  ch.  80.     Harford,  Havre  de  Grace  and  North  East,  to  Elkton.     From  Washing- 

ISmJ  ch!  76!     ton  City,  by  Upper  Marlboro',  Queen  Ann,  Annapolis,  Haddaways,  St 

1816,  ch.  68.  Michaels,  Easton,  Cambridge,  Vienna,  Salisbury,  Snowhill,  Princess 
Ann,  White  Haven  and  Quantico,  to  Vienna.  From  Poplartown,  by 
Snowhill,  to  Horntown.  From  Salisbury  to  Quantico.  From  Cambridge 
to  New  Market.  From  Easton,  by  Centerville,  Churchhill,  Chestertown, 
Georgetown  Cross-roads  and  Sassafras,  to  Warwick.     From  Georgetown 


ELEVENTH  CONGRESS.    Sess.  II.  Ch.  30.    1810.  585 

Cross-roads,  by  the  head  of  Chester,  Sadler's  Cross-roads,  Beaver  dam  Pott  rotdi. 
and  Nine  Bridges,  to  Qreensborough.  From  Easton,  by  Hillsborough, 
Denton  and  Qreensborough,  to  Whiteleysburg,  D.  From  Elkton  to 
Brick  Meeting-house.  From  Harford  to  Belle  Air.  From  Baltimore 
to  Annapolis.  From  Baltimore,  by  Rockall,  to  Chestertown.  From 
Baltimore,  by  Reisterstown,  to  Manchester.  From  Reisterstown,  by 
Westminster,  to  Union  Mills.  From  Baltimore,  by  EUicott's  Lower  Mills, 
Poplartown,  New  Market,  Fredericktown  and  Newtown,  to  Harper's 
Ferry.  From  BjoltimOTe,  by  Clueenstown,toCentreTille.  From  Wash- 
ington City,  by  Georgetown,  Montgomery  c.  h.  Clarksburg,  Frederick- 
town,  Middletown,  Hagerstown,  Hancock,  Berkeley  Springs,  Oldtown, 
to  Cumberland,  and  thence  by  the  national  road,  to  Union,  Pa.  From 
Washington  City,  by  Brookville  and  Triadelphia,  to  EUicott's  Mills. 
From  Fredericktown  to  Liberty.  From  Fredericktown,  by  Woods- 
borough,  to  Taneytown.  From  Fredericktown,  by  Creagerstown,  to 
Emmetsburg.  From  Shepherdstown,  Va.  by  Sharpsburg  and  Williams- 
port,  to  Hagerstown.  From  Upper  Marlborough,  by  Nottingham, 
Aquasco,  Benedict  and  Charlotte  Hall,  to  Chaptico.  From  Queen  Ann,  1814,  ch.  70. 
by  Pig  Point,  Tracey's  landing.  Lower  Marlborough,  Huntington  and 
Calvert  c.  h.  to  St.  Leonards.  From  Washington  City,  by  Piscataway, 
Port  Tobacco,  AUenfresh,  Newport,  Chaptico,  Leonardtown,  Great  Mill 
and  St  Inigoes,  to  Ridge.  From  Port  'Tobacco,  by  Tophill,  to  Nanje- 
rooy.  From  Leesburg,  Va.  by  Cbarlesburg,  to  Montgomery  c.  h.  From 
Fredericktown  to  Leesburg.  From  Newtown  Trap,  by  Berlin,  Thrasher's 
store  and  Hamilton's  mill,  to  Waterford  in  Va. 

In  Virginia. — From  Washington  City,  by  Alexandria,  Dumfries,  Staf-  1813,  ch.  80. 
ford  c  h.  Falmouth,  Fredericksburg,  Bowling  Green,  White  Chimnies,  }|}*»  *^^  JJ- 
Hanover  c.  h.  Richmond,  Petersburg,  Harris's  and  Brunswick,  to  Warren-  '  ^ 

ton,  N.  C.  From  Washington  City,  by  Prospect,  Lanesville,  Leesburg, 
Waterford,  Hillsborou^,  Charlestown,  Shepherdstown  and  Martinsburg, 
to  Berkeley  Springs.  From  Waterford,  by  Braden's  Store,  Janneys  and 
Snicker's  Gap,  to  Upperville.  From  Washington  City,  by  Fairfax  c.  h. 
Goshen,  Middleburg,  Paris,  Winchester,  Romney,  Westernport,  Md. 
Gandysville,  Clarksburg  and  Marshes,  to  Marietta,  O.  From  Gandys- 
ville  to  Morgantown.*  From  Clarksburg  to  Beverly.  From  Pendleton 
c.  h.  by  Moorfidds,  Romney,  Springfield  and  Frankfort,  to  Cresapsburg, 
Md.  From  Williamsport,  Md.  by  Martinsburg,  Winchester,  Stevensburg, 
Newtown,  Strasburg,  Woodstock,  New  Market  and  Harrisonburg,  to 
Staunton.  From  Harper's  Ferry,  by  Charlestown  and  Battletown,  to 
Winchester.  From  Fairfax  c.  h.  by  Centreville,  Haymarket,  Warrenton, 
Madison  c.  h.  Stanardsville,  Staunton,  Middlebrook,  Brownsburg,  Lex- 
ington, Natural  Bridge,  Pattonsburg,  Fincastle,  Amsterdam,  Salem, 
Airmont,  Christiansburg  and  Evansham,  to  Abingdon.  From  Alexandria 
to  Fairfax  c.  h.  From  New  York  to  Lovingaton  in  Nelson  county.  From 
Colchester  to  Occoquan.  From  Fredericksburg,  by  Elk  Run  Church 
and  Warrenton,  to  Gibsons  and  Oak  Hill.  From  Fredericksburg,  by 
Germana,  Stevensburg,  Culpepper  c.  h.  Jeffersonton,  Washington  and 
Front  Royal,  to  Winchester.  From  Culpepper  c.  h.  by  WocSville,  F. 
T.  Village,  Pass  Mills,  Thornton's  Gap,  Mundell's  Store  and  Hawksbill 
Mills,  to  New  Market  From  Fredericksburg,  by  Orange  c.  h.  Gordons, 
Milton,  Charlottsville,  New  Glasgow,  to  Lynchburg.  From  Lovingston, 
by  Warren,  to  Warminster.  From  Fredericksburg,  by  Thornsburg,  Chiles- 
burg,  Oxford,  Crewsville  and  Price's  Mills,  to  Goochland  c.  h.  From 
Fredericksburg,  by  Spottsylvania  c.  h.  Lewis's,  Potties,  Bibb's  Store, 
Louisa  c.  h.  Yanceyville  and  Mitchell's  Store,  to  Goochland  c.  h.  From 
Fredericksburg,  by  King  George  c.  h.  Broadfield,  Mattoxbridge,  Leeds- 
town,  Templeman's  Cross  Roads,  Richmond  c.  h.  Mount  Airy,  Farnham, 
Kinsale,  Northumberland  c.  h.  and  Lancaster  c.  h.  to  Kilmarnock.  From 
Fredericksburg,  by  Port  Royal,  Laytons,  Tappahannock,  Urbanna  and 

Vol.  IL— 74 


fi86  ELEVENTH  CONGRESS.    Sess.  II.  Cii.  30.    1810. 

PoiC  iM^.  Gloucester  c.  h.  to  Yorktown.  From  Bowling  Green,  by  Broaddus's 
Mills,  Dunkirk,  Walkerton,  King  and  Queen  c.  h.  and  Gloucester  c.  h 
to  Matthews  c.  h.  From  Dunkirk,  by  Aylett's  Warehouse,  King  William 
c.  h.  to  Lilly  Point.  From  Richmond,  by  Goochland  c.  h.  Columbia, 
Milton,  Charlottsville,  New  York,  Waynesburg,  Staunton,  Warm  Springs, 
Callaghans  or  Browns,  Sulphur  Springs,  Lewisburg,  Kenhawa  c.  h.  and 
Hudsons,  to  Point  Pleasant.  From  Hudsons,  by  Wards  and  Jourdans, 
to  Catlettsburg,  at  the  mouth  of  Big  Sandy.  From  Callaghans,  by  Sweet 
Springs  and  union,  to  Giles'  c.  h.  From  Evansham,  by  Jeflfersonville 
and  Franklin,  to  Jonesville.  From  Evansham,  by  Austinville,  to  Green- 
ville. From  Richmond,  by  Powhatan  c.  h.  Cumberland  c.  h.  Floods, 
Lynchburg,  Beufords,  Hourytown  and  Fincastle,  to  Sweet  Springs. 
From  Liberty,  by  Brown's  Store,  Rockymount,  Henry  c.  h.  to  Patrick 
c.  h.  From  Powhatan  c.  h.  by  Cartersville,  New  Canton,  Buckinirham 
c.  h.  and  Bent  Creek,  to  Lynchburg.  From  Powhatan  c.  h.  by  Farm- 
ville.  Prince  Edward  o.  h.  Charlotte  c.  h.  Marysville,  Halifax  c.  h.  Pay- 
tonsburg  and  Pittsylvania  c.  h.  to  Henry  c.  h.  and  from  Peytonsburg,  to 
Danville.  From  Prince  Edward  c.  h.  by  Kelso's  Store,  to  Hunters. 
From  Pittsylvania  c.  h.  by  Danville,  to  Caswell  c.  h.  in  N.  C.  From 
Lynchburg,  by  Bethel,  Pedlar  Mills  and  Wincanton,  to  Lexington.  From 
Lynchburg,  by  Campbell  c.  h.  Ward's  Ferry  on  Staunton  river  and 
Stone's  Store,  to  Pittsylvania  c.  h.  From  Richmond,  by  Chesterfield  c. 
h.  Spring  Hill,  Colesville,  Jenitoe  Bridge,  Cassel's  Store,  Amelia  c.  h. 
Painesville  and  Jamestown,  to  FarmVille.  From  Charlotte  c.  b.  by 
Rough  Creek  Church  and  Reeds  Store  on  Falling  river,  to  Campbell 
c.  h.  From  Richmond,  by  Hanovertown,  Dunkirk  and  Tappahannock, 
to  Richmond  c.  h.  From  Richmond,  by  Frazers,  New  Kent  c.  h.  Wil- 
liamsburg, Yorktown,  Hampton,  Norfolk  and  Great  Bridge,  to  North- 
west River  Bridge.  From  Richmond,  by  Granville,  to  Charles  City  c. 
h.  From  'Petersburg,  by  Dinwiddie  c.  h.  Nottaway  c.  h.  Hendersonville, 
Hungrytown,  Double  Bridge,  Haleys,  Willies,  Bibb's  Ferry  and  Scotts- 
burg,  to  Halifax  c.  h.  From  Petersburg,  by  Prince  George,  Cabbin 
Point,  Surry  c.  h.  Smithfield,  Everitt's  Bridge,  Suffolk  and  Portsmouth, 
to  Norfolk.  The  mail  may  be  sent  from  Smithfield,  by  Sleepy  Hole 
Ferry,  and  thence  to  Suffolk,  when  the  road  and  ferry  are  in  convenient 
repair.  From  Petersburg  to  City  Point.  From  Petersburg,  by  Sussex 
c.  h.  Jerusalem  and  South  Quay,  to  Murfreesboro',  N.  C.  From  Hicks's 
Ford,  by  Smith's  Store,  to  Murfreesboro'.  From  Harrisville,  by  Fields 
Mill,  Qfiarlesville,  M'Farlands,  Lunenburg  c.  h.  Christiansville,  Marshalls- 
ville,  Mecklenburg  c.  h.  St.  Tammany's  and  Geese  Bridge,  to  Harrisville. 
From  Percivalls,  by  Westward  Mill,  Mason's,  Belfield  and  Hicks's  Ford, 
to  Halifax,  N.  C.  From  Hicks's  Ford,  by  Cross  Keys,  Bethlehem  and 
Jerusalem,  to  Suffolk.  From  Billips's  to  Hicks's  Ford.  From  West 
Middletown,  Pa.  by  Brook  c.  h.  and  Short  Creek,  to  Wheeling.  From 
Horntown,  by  Accomac  c.  h.  and  Northampton  c.  h.  to  Norfolk.  From 
West  Liberty,  by  Short  Creek,  to  Warrenton,  O. 

In  Kentucky. — From  Maysville,  by  Washington,  Millersburg,  Paris, 

1815,  ch.  80.     Lexington,  Frankfort,  Springfield,  Greensburg,  Glasgow  and  Bowling 
J814,  ch.  TO.     Green,  to  Russelsville.    From  Catlettsburg,  by  Greenup  c.  h.  Johnson's 

1816,  ch.  69.     j^jjjg^  Vanceburg,  Salt  Works,  Lewis  c.  h.  and  Flemmingsburg,  to 

Millersburg,  thence  by  Mount  Sterling  and  the  Olympian  Springs,  to 
Catlettsburg.  From  Cumberland  Gap,  by  Barboursville,  Road  Forks, 
Crab  Orchard,  Stanford,  Danville,  Harrodsburg,  Frankfort  and  New 
Castle,  to  Port  William.  From  Road  Forks  to  Clay  c.  h.  From  Wash- 
ington, by  Augusta  and  Newport,  to  Boon  c.  h.  From  Lexington,  by 
Nicholasville,  Richmond  and  Lancaster,  to  Danville.  From  Frankfort, 
by  Georgetown,  Cynthiana,  Falmouth  and  Newport,  to  Cincinnati,  O. 
From  Frankfort,  "by  Shelby  ville,  Louisville,  Shepperdsville,  Bairdstown, 
Springfield  and  Danville,  to  Casey  c.  b.     From  Frankfort,  by  Middle- 


ELEVENTH  CONGRESS.    Ssss.  He  Ch.  30.     1810.  M7 

town,  Bairdstown,  Bealsburg,  EHzabethtown,  Grangerville,  Hardenbnrg,      pwt  ratdi. 

Hartford  and  Muhlenburg  c.  h.  to  Russelsville.     From  Harden  burg,  bj 

Yellow  Banks,  Hendersonton,  U.  S.  Saline,  In.  T.  to  Shawnee  1  own, 

11.  T.  and  to  Livingston  c.  h.  From  Russelsville,  by  Christian  c.  h.  Eddj- 

ville  and  Livingston  c.  h.  to  Smithland.  From  Stanford,  by  Pulaski  c.  h. 

Wayne  c.  h.  Cumberland  and  Adair,  to  Greensburg.   From  Lexington, 

by  Winchester  and  Mount  Sterling,  to  Estill  c.  h.     From  Muhlenburg 

c.  h.  Hopkins  c.  li.  by  Harpsburg,  to  Henderson. 

In  North  Carolina. — From  Warrenton,  by  Louisburg,  Raleigh,  Ave-  1818,  eb.  80. 
rysboro',  Fayetteville,  Lumberton  and  Nolands,  to  Barefields,  S.  C.  JSlJ'^^t'^* 
From  Suffolk,  Va.  by  Gates  c.  h.  Edenton,  Lees  Mills,  Plymouth,  Wash-  "^**  ***'•  ^' 
ington,  Newbern,  Swansboro'  and  Wilmington,  to  Smithville.  From 
Henry  c.  h.  Va.  to  Germanton.  From  Greensville,  Va.  by  Scull  Camp, 
Mount  Airy  and  Bethania,  to  Salem.  From  Warrenton,  by  Williams- 
boro',  Oxford,  Person  c  h.  Leesburg,  Caswell  c.  h.  Lenox  Castle,  Rock- 
ingham c.  h.  and  Germanton,  to  Salem.  From  Oxford  to  Hillsboro'. 
From  Raleigh,  by  Nutthall's  Store,  to  Oxford.  From  Raleigh,  by  Chape! 
Hill,  Hillsboro',  AUemance,  Greensboro',  Salem,  Huntsviile,  Hoiiston- 
ville,  Statesville,  Island  Ford,  Morgantown  and  Ashville,  to  the  Warm 
Springs,  and  from  Ashville  to  Haywood  c.  h.  From  Hillsboro',  by  Mount 
Tirzah,  Person  c.  h.  Williamsville  and  the  Red  House,  to  Halifax  c.  h. 
Va.  From  Huntsviile,  by  Rockford,  Hamptonville  and  Wilkesboro',  to  Ash 
c.  h.  From  Salem,  by  Lexington,  Salisbury  and  Concord,  to  Charlotte. 
From  Charlotte  to  Sutesville.  From  Raleigh,  by  Pittsboro',  Randolph 
c.  h.  Salisbury,  Beattysford,  Grahams,  Lincolnton  and  Rutherfordton,  to 
Spartansburg,  S.  C.  From  Fayetteville,  by  Moor  c.  h.  Waddels  Ferry, 
Tyson's  Store,  Linly's  Store  and  Hillsboro',  by  Jones'  Ferry,  to  Pitts- 
boro', and  thence  by  Haywood,  to  Fayetteville.  From  Fayetteville,  by 
Rockingham,  Wadesboro',  Springville  and  Tindallsville,  to  Salisbury. 
From  Fayetteville,  by  Laurel  Hill,  to  Winfieldsville,  S.  C.  From  War- 
renton,  by  Jones'  Store,  Halifax,  Northampton  c.  h.  Murfreesborough, 
Winton,  Coleraine,  Windsor,  Edenton,  Hartford,  Nixonton,  Elizabeth, 
Camden  c.  h.  Indiantown,  Currituck  c.  b.  and  Tulls  Creek,  to  North- 
west Bridge,  Va.  From  Elizabeth  to  New  Lebanon.  From  Warrenton, 
by  Ransom's  Bridge,  Sill's  Store,  Nash  c.  h.  Tarborough,  Greenville, 
Washington,  Bath,  Woodstock  and  Germanton,  to  Lake  Landing, 
on  Mattamuskeet.  From  Halifax,  by  Enfield,  Mount  Prospect,  to  Tar- 
borough. From  Raleigh  to  Nash  c.  h.  From  Halifax,  by  Scotland 
Neck,  Hamilton,  Williamston,  Jamestown,  Plymouth  and  Washington 
c.  h.  to  Scuppernong.  From  Raleigh,  by  Smithfield,  Waynesboro', 
Kingston  and  Newbern,  to  Beaufort.  From  Kingston  to  Snowhill. 
From  Fayetteville,  by  Sampson  c.  h.  Duplin  c.  h.  and  South  Washington, 
to  Wilmington.  From  Fayetteville,  by  Elizabethtown,  to  Wilmington. 
From  Elizabethtown  to  Marsh  Castle. 

In  Tennessee. — From  Abingdon,  Va.  by  Blountsville,  Rossville, Rogers-      1813,  ch.  80. 
ville,  Whitesides,  Been's  Station,  Rutledsje,  Knoxville,  Campbell,  Mere-      181J,  ch.  75. 
dith,  Kingston,  Hartleys,  Alexanders,  White  Plains,  Carthage,  Dixons      *®**»  ''^'  ^' 
Springs,  Cairo,  Gallatin,  Hendersonville,  Nashville,  Franklin  and  Colum- 
bia, to  the  Big  Spring.     From  Blountsville,  by  Jonesborough,  Green- 
ville, Cheek's  Cross  Roads  and  Dandridge,  to  Knoxville.     From  Jones- 
borough,  by  Elizabethtown,  to  Ash  c.  h.  N.  C.    From  the  Warm  Springs, 
N.  C.  by  Newport,  Sevierville,  Knoxville,  Clinton  and  Chitwood,  to  Pulaski, 
K.   From  Newport,  by  Cheek's  Cross  Roads,  Been's  Station,  Tazewell 
and  Powell's  Valley,  to  Cumberland  Gap.     From  Knoxville,  by  Marys- 
ville,  Telico,  Amoy  river,  Vanstown,  Turkey  town,  near  the  junction  of 
Koose  and  Talipoose  rivers,  being  the  head  of  Alibama  river,  to  Fort 
Stoddert  on  the  Mobile  river,  M.  T.  From  Carthage  to  Lebanon.  From 
Carthage  to  Fort  Blount   From  Nashville,  by  Charlotte,  Hickman  c.  h. 
and  Humphreys  c.  h.  to  Charlotte.    From  Nashville,  by  Springfield,  to 


B68  ELEVENTH  CONGRESS.    Sess.  U.  Ch.  30.    1810. 

Pwt  roadi.  Ruaselville,  K.  From  Springfield,  by  Port  Royal,  Clarksville  and  Pal« 
myra,  to  Steward  c.  h.  and  from  thence  to  Eddyville,  in  the  state  of 
Kentucky.  From  Kingston,  by  Rhea  c.  h.  Bledsoe  c.  h.  Warren  and 
Jefferson,  to  Nashville.  From  Wayne  c.  h.  Kentucky,  by  Overton  c.  h. 
and  White  Plains,  to  White  c.  h.  From  Columbia,  by  Shelbyville, 
Winchester,  Fayetteville,  Huntsville,  M.  T.  and  Pulaski,  to  Columbia. 
From  Bledsoe  c  h.  to  Franklin  c.  h. 

1S18,  ch.  80.         In  South  Carolina. — From  Barefields,  by  Port's  ferry,  China  Grove, 

mt'  ch'  6»'  Georgetown,  Charleston,  Jacksenboro',  Pocotaligo  and  Coosawhatcha, 
'  ^  *  '  to  Savannah,  Ga.  From  Greenville,  by  Pickensville,  Pendleton  c  h. 
and  Hattensford,  to  Carnesville,  Ga.  From  Winfieldsville,  by  Cheraw 
c.  h.  Camden,  Columbia,  Edgefield  c.  h.  and  Cambelltown,  to  Augusta, 
Ga.  From  Barefields,  by  Marion  c.  h.  Ilesboro',  Bitheosville  and  Har- 
leysville,  to  Barefields.  From  Port's  ferry,  to  Conwayborough.  From 
Wadesborough,  N.  C.  by  Sneedsborough,  Chatham,  Cheraw  c.  h.  and 
Darlington  c.  h.  to  Port's  ferry  on  Lynch  Creek.  From  Charleston,  by 
Monks  Corner,  Jamesville,  Statesburg,  Camden,  Chesnut-ferry,  Peas' 
store,  Rocky  Mount,  Lansford,  and  Alexanders,  to  Charlotte,  to  return 
by  Cairo  and  Lancaster,  to  Camden.  From  Columbia,  by  Miersville, 
Statesburg,  Sumpterville,  Salem,  Kingstree,  Indiantown  and  Willtown, 
to  China  Grove.  From  Columbia,  by  Winnsborough,  Chester  c.  h. 
York  c.  h.  Pinckneyville,  Union,  Meansville  and  Spartanburg,  to  Green- 
ville. From  Columbia,  by  Monticello,  Hendersons,  O'Neals,  the  Keys, 
Cross  Anchor  and  Shackelsfords,  to  Greenville,  return  by  Stonesville, 
Younff's  Store,  Scuffletown,  Huntington,  Poplar  Grove  and  Springhill, 
to  Columbia.  From  Charleston,  by  Dorchester,  St.  Georges,  Orange- 
burgh,  Columbia,  Newbury  c.  h.  Belfast,  Laurens  c.  h.  Fork  Shoal, 
Greenville,  Reedsville  and  Claytonsville,  to  Ashville,  N.  C.  to  return  by 
Murraysville  to  Greenville.  From  Greenville,  return  by  Tumbling  Shod 
and  Laurens  c.  h.  to  Columbia.  From  Edgefield,  c.  h.  by  Richardsons, 
Cambridge,  Abbeville  and  Rocky  River,  to  Pendleton  c.  h.  From 
Edgefield  c.  h.  by  Long  Miers,  Willington,  Vienna  and  Andersonville, 
to  Pendleton  c.  h.  From  Jacksonboro',  by  Barnwell  c.  h.  and  Camp- 
belltown,  to  Augusta,  Ga.  From  Pocotaligo  to  Beaufort  From  Char- 
lotte, N.  C.  to  York  c.  h.     From  Petersburg,  Ga.  to  Vienna. 

1812,  ch.  80.         In  Georgia, — From  Savannah,  by  Bryan  c.  h.  Riceboro',  M'lhtosh 

1814,  ch.  76.     c.  h.  Darien  and  Brunswick,  to  St.  Mary's.     From  Augusta,  by  Lincoln- 

ton,  Petersburg  and  Elberton,  to  Franklin  c.  h.  From  Augusta,  by 
Columbia  c.  h.  Washington,  Lexington,  Athens,  Watkinsville  and  Clarks- 
boro',  to  Jefferson.  From  Augusta,  by  Columbia  e.  h.  Warrenton, 
Sparta,  Milledgeville,  and  Jones  c.  h.  to  Hawkins,  on  the  Oakmulgee 
river,  and  from  thence  to  Coweta.  From  Milledgeville,  by  Putnam  c 
h.  Morgan  c.  h.  and  Watkinsville,  to  Athens.  From  Darien,  by  Jones' 
to  Milledgeville.  From  Morgan  c.  h.  to  Randolph  c  h.  From  Mil- 
ledgeville to  Saundersville.  From  Augusta,  by  Waynesboro',  Louisville, 
Georgetown,  Warrenton,  Powelton  and  Greensboro*,  to  Washington. 
From  Augusta,  by  Jacksonboro,'  to  Savannah.  From  Riceboro'  to  Sun- 
bury. 
In  Mississippi. — From  the  Big  Spring,  by  Bear  Creek,  M'Intoshville, 

1815,  ch.  68.     Walnut  Hill,  St.  Albans,  Grindstoneford,  Port  Gibson,  Greenville,  Wash- 

ington, Natchez,  Ellis'  ferry  and  Loflus  Heights,  to  Pinckneyville.  From 
M'Intoshville,  or  White  Oak  Creek,  by  Fort  St. Stephens,  to  Fort  Stod- 
dert.  From  Coweta,  by  Tuckabachy,  Tensaw  and  Fort  Stoddert,  to 
Pascagoola  river. 
1814,  ch.  715.  In  Orleans  Territory. — From  Pinckneyville,  by  Baton  Rouffe,  Ah- 
bcville,  La  Fourche  or  Houmas,  St.  Charles  and  New  Orleans,  to  Balize. 
From  La  Fouche,  by  Point  Coupee,  Opeloosa  and  Rapid,  to  Nachi- 
tochez.    From  Pascagoola  river  to  New  Orleans. 

Sec.  2.  And  be  it  fiirther  enacted.  That  from  and  after  the  first  day 


ELEVENTH  CONGRESS.    Sns.  H.  Ch.  31, 83, 34.    1810. 

of  June  next,  all  poet  roads  heretofore  established  by  any  act  of  Congress 
of  the  United  Sutes,  shall  be  and  the  same  are  hereby  discontinued : 
Provided,  that  nothing  herein  contained  shaU  be  construed  so  as  to  af> 
feet  any  existing,  contracts. 
Afprotbd,  ipril  28, 1810. 


689 


StatvtiII. 


Be  U  enacted  by  the  Senate  and  House  ofReprese^atives  of  the  United 
States  of  America  in  Congress  assembled.  That  the  officers  and  soldiers 
of  the  Virginia  line  on  continental  establishment,  their  heirs  or  assigns, 
entitled  to  bounty  lands  within  the  tract  reserved  by  Virginia,  between 
the  Little  Miami  and  Sciota  rivers,  for  satisfying  the  legal  bounties  to 
her  officers  and  soldiers  upon  continental  establishment,  shall  be  allowed 
a  further  term  of  five  years,  from  and  after  the  passage  of  this  act,  to 
obtain  warrants  and  complete  their  locations,  and  a  further  term  of  seven 
years,  from  and  after  the  passage  of  this  act  as  aforesaid,  to  return  their 
surveys  and  warrants,  or  certified  copies  of  warrants  to  the  office  of  the 
secretary  of  the  war  department,  any  thing  in  any  former  act  to  the 
contrary  notwithstanding:  Provided,  that  no  locations  as  aforesaid, 
within  the  above  mentioned  tract,  shall,  after  the  passing  of  this  act,  be 
made  on  tracts  of  land  for  which  patents  had  previously  been  issued,  or 
which  had  been  previously  surveyed ;  and  any  patent  which  may  never- 
theless be  obtained  for  land  located  contrary  to  the  provisions  of  this 
section,  shall  be  considered  as  null  and  void. 

Apfboyed,  March  16, 1810. 


Chap.  XXXllh^^nJict  providing  for  the  prinHn^ 
Laws  ffihe  Vniied  Sma,  as  raped  the  ^ 


'  and  didrihating  (f  such 
^ubUc  Lands* 


Statutx  II. 
April  27,  1810. 


[Obtolete.] 
Lawt,  fcc.  re- 
lative    to     the 
Sublie  landi  to 
e  collected  and 
publiahed. 


Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  the  President  of  the 
United  States  be,  and  he  is  hereby  authorized  to  cause  to  be  collected 
into  one  volume  and  arranged,  the  several  laws  of  the  United  States, 
resolutions  of  the  Congress  under  the  confederation,  treaties  and  procla- 
mations that  have  operation  and  respect  to  the  public  lands :  and  to  Bfueh  3, 1846. 
cause  twelve  hundred  copies  to  be  printed,  one  of  which  shall  be  trans- 
mitted to  each  of  the  existing  land  boards  of  commissioners  for  settling 
land  claims,  and  a  copy  to  each  of  the  registers  and  receivers  of  public 
monies  of  the  several  land-offices  of  the  United  States ;  and  the  residue 
of  the  said  copies  shall  be  preserved  for  the  future  disposition  of  Con- 
gress. 

Approved,  April  27,  1810. 


Cbap.  XXXIV. — Jn  Jet  promding  for  the  better  aeeommodation  ef  the  General 
Poit'offiee  and  Patent  Qffiee,  and  for  other  purpoeet. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  the  President  of  the 
United  States  be,  and  hereby  is  authorized  to  erect,  or  procure  by  pur- 
chase, a  building  suitable  for  the  accommodation  of  the  general  post- 
office,  and  of  the  office  of  the  keeper  of  the  patents,  in  such  situation, 
and  finished  in  such  manner,  as  the  interest  of^the  United  States  and  the 
safety  and  convenience  of  those  offices  respectively,  and  the  arrangement 
of  the  models  in  the  patent  office  shall,  in  his  opinion,  require. 

Sbc.  3.  And  be  it  further  enacted.  That  the  President  of  the  United 

3D 


Statutx  II. 
April  28, 1810. 

Act  of  Jaljr  4, 
1836,  ch.  867, 
■ec.  7. 

Act  of  March 
3, 1839. 

Pretident  an. 
thoriied  to  bu/ 
or  to  cAQte  to 
be  built  t  houM 
for  the  Accom- 
modation of  the 
geoenJ  poet- 
office,  Stc 


ELEVENTH  CONGRESS.    Sesb.  IL  Cb.  35.    1810. 


City  post-of- 
fice, and  thote 
of  ■uperintend- 
ent  and  survey- 
or of  the  city  to 
be  removed. 

Fire-proof 
rooms  to  be 
erected  in  the 
public  offices 
west  of  the  Pre- 
■ident*s  house. 
Appropriation. 


Statute  II. 


States  be,  and  hereby  is  authorized  to  cause  the  city  post-office,  aud  the 
offices  of  the  superintendent  and  surveyor  of  the  city  of  Washington,  to 
be  immediately  removed  from  the  public  building  west  of  the  President's 
house;  and  that  he  cause  to  be  built  within  the  said  public  building, 
as  many  fire-proof  rooms  as  shall  be  sufficient  for  the  convenient  deposit 
of  all  the  public  papers  and  records  of  the  United  States,  belonging  to, 
or  in  the  custody  of  the  state,  war  or  navy  departments. 

Sec.  3.  And  he  it  fitrther  enacted,  That  the  sum  of  twenty  thousand 
dollars  be  appropriated  for  the  purposes  expressed  in  this  act,  out  of  any 
monies  in  the  treasury,  not  otherwise  appropriated. 

Approved,  April  28,  1810. 


Act  of  March 
26, 1804,  ch.  35. 

Certain  lands 
to  which  Indian 
title  has  been 
extinguished  to 
be  added  to  the 
districts  of  Cin- 
cinnati and  Vin- 
cennes. 


These  lands 
to  be  offered  for 
sale  to  the  high- 
est  bidder. 

Conditions, 
places,  fltc.  kc. 


April  30, 1810.    Chap.  XXX  V.*-ySn  4ct  providing  for  the  tale  of  certain  lande  in  the  Indiana 

territory y  and  for  other  purpo»e»,(a) 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  all  that  tract  of  land,  to 
which  the  Indian  title  was  extinguished  by  the  treaty  made  at  Fort 
Wayne,  on  the  thirtieth  day  of  September,  in  the  year  one  thousand 
eight  hundred  and  nine,  lying  west,  and  adjoining  to  the  boundary  line 
established  by  the  treaty  of  Greenville,  shall  be  attached  to,  and  made  a 
part  of  the  district  of  Cincinnati;  and  the  residue  of  the  lands  to  which 
the  Indian  title  was  extinguished  by  the  said  treaty,  and  other  treaties 
made  at  Vincennes  in  the  same  year,  shall  be  attached  to,  and  made  a 
part  of  the  district  of  Vincennes;  and  the  said  lands,  with  the  exception 
of  section  number  sixteen,  which  shall  be  reserved  in  each  township  for 
the  use  of  schools  within  the  same,  shall  be  offered  for  sale  to  the  highest 
bidder,  under  the  direction  of  the  register  of  the  land-office,  and  of  the 
receiver  of  public  monies,  at  the  places  respectively  where  the  land- 
offices  are  kept,  and  on  such  day  or  days  as  shall  by  proclamation  of  the 
President  of  the  United  States,  be  designated  for  that  purpose;  the  sales 
shall  remain  open  at  Cincinnati  one  week,  and  at  Vincennes  three 
weeks  and  no  longer;  the  lands  shall  not  be  sold  for  less  than  two  dol- 
lars an  acre,  and  shall  in  every  other  respect  be  sold  in  tracts  of  the  same 
size,  and  on  the  same  terms  and  conditions,  as  have  been  or  may  be 
provided  for  lands  sold  in  the  same  districts;  all  the  lands  in  the  said 
tracts,  with  the  exception  above  mentioned,  remaining  unsold  at  the 
close  of  the  said  sales,  may  be  disposed  of  at  private  sale  by  the  register 
of  the  respective  land-offices,  in  the  same  manner,  under  the  same  regu- 
lations, for  the  same  price,  and  on  the  same  terms  and  conditions,  as 
are,  or  may  be  provided  by  law  for  the  sale  of  lands  in  the  same  districts, 
and  patents  shall  be  obtained  in  the  same  manner,  and  on  the  same 
terms  as  for  other  public  lands,  sold  in  the  same  districts. 

Sec.  2.  And  be  it  further  enacted.  That  the  several  superintendents 
of  public  sales  directed  by  this  act,  shall  receive  four  dollars  a  day,  for 
each  day's  attendance  on  the  said  sales. 

Sec.  3.  And  be  it  further  enacted,  That  from  and  after  the  first  day 
of  June  next,  the  second  principal  meridian  established  by  the  surveyor- 
general  in  the  Indiana  territory,  shall  be  the  boundary  between  the  dis- 
tricts of  Vincennes  and  Jeffersonville ;  and  the  lands  included  in  the  said 
districts  respectively,  according  to  the  boundaries  above  mentioned,  shall 
become  a  part  of  the  district  in  which  they  are  included,  and  shall  be 
sold  at  the  same  place,  in  the  same  manner,  and  on  the  same  terms  and 
conditions  as  the  other  public  lands,  lying  in  the  same  district 

Sec.  4.  And  be  itjurther  enacted,  That  any  person  or  persons  entitled 
to  donation  lands,  in  the  district  of  Vincennes  by  any  former  resolution 
or  act  of  Congress,  and  who  were  minors,  or  did  not  reside  within  the 


Lands  unsold 
may  be  sold  at 
private  sale. 


Compensation 
of  the  superin- 
tendents of  the 
public  sales. 

Boundary  be- 
tween   districts 
of  Vincennes 
and  Jeflferson- 
viUe. 

Sales  to  be  re- 
flated accord- 
mgly. 

Certain  claims 
to  land  in  the 
district  of  Vin- 
cennes. 


(tf)  8«e  notM  to  the  act  of  March  36,  1804,  chap.  35. 


ELEVENTH  CONGRESS.    Sess.  II.  Ch.  26,    1810. 


591 


Indiana  territory  during  the  time  allowed  by  law  for  registering  claims 
to  land  within  the  said  district,  and  whose  claims  have  not  heretofore 
been  presented  to  either  of  the  boards  of  commissioners  for  adjusting 
claims  to  land  at  Vincennes  and  Kaskaskia,  may,  until  the  first  day  of 
November  next,  give  notice,  in  writing,  to  the  register  of  the  land-office 
of  the  said  district  of  their  claims,  and  have  the  evidence  of  the  same 
recorded  in  the  same  manner,  and  on  payment  of  the  fees  provide  by 
an  act,  entituled  "An  act  making  provision  for  the  disposal  of  the  public 
lands  in  the  Indiana  territory,  and  for  other,  purposes;"  and  the  right  of 
any  such  persons  neglecting  to  give  such  notice  of  his  claim,  and  to 
have  the  evidence  of  the  same  recorded,  shall  become  void,  and  for  ever 
be  barred. 

Sec.  5.  And  be  it  further  enacted.  That  the  register  of  the  land-K>ffice 
and  the  receiver  of  public  monies  at  Vincennes  shall  perform  the  same 
duties  and  exercise  the  same  powers  in  relation  to  the  claims  filed  with 
the  register  under  this  act,  which  by  the  last  recited  act  were  enjoined 
on,  or  vested  in  the  commissioners  designated  by  the  said  act;  and  it 
shall  also  be  the  duty  of  the  said  register  and  receiver,  to  make  to  the 
Secretary  of  the  Treasury  a  report  of  all  the  claims  thus  filed  with  the 
register  of  the  land-office,  together  with  the  substance  of  the  evidence 
adduced  in  support  thereof,  with  such  remarks  thereon  as  they  may 
think  proper;  which  report,  together  with  a  list  of  the  claims,  which  in 
the  opinion  of  the  register  and  receiver  ought  to  t)e  confirmed,  shall  be 
laid  by  the  Secretary  of  the  Treasury  before  Congress  at  their  next 
session,  for  their  determination  thereon;  and  the  said  register  and  re- 
ceiver shall  each  be  allowed  an  additional  compensation  of  one  hundred 
dollars,  in  full  for  their  services  in  relation  to  such  claims,  and  one  hun- 
dred dollars  for  clerk  hire. 

Sec.  6.  And  he  it  Jitrtker  enacted,  That  a  tract  of  land  in  the  Illinois 
territory,  at,  and  including  Shawneetown,  on  the  Ohio  river,  shall,  under 
the  direction  of  the  surveyor-general,  be  laid  off  into  town  lots,  streets 
and  avenues,  and  into  out  lots,  in  such  manner  and  of  such  dimensions 
as  he  may  judge  proper:  Provided,  the  tract  so  to  be  laid  off  shall  not 
exceed  the  quantity  of  land  contained  in  two  entire  sections,  nor  the 
town  lots  one  quarter  of  an  acre  each.  When  the  survey  of  the  lots 
shall  be  completed,  a  plat  thereof  shall  be  returned  to  the  surveyor- 
general,  on  which  the  town  lots  and  out  lots  shall  respectively  be  desig- 
nated by  progressive  numbers,  who  shall  cause  two  copies  to  be  made, 
one  to  be  transmitted  to  the  Secretary  of  the  Treasury,  and  the  other  to 
the  register  of  the  land-office;  and  the  lots  shall  be  offered  to  the  highest 
bidder  at  public  sale,  at  the  same  time  and  place,  on  the  same  terms  and 
conditions,  (except  as  to  the  quantity  of  land,)  as  have  or  may  be  pro- 
vided for  the  sale  of  the  other  public  lands  in  the  said  territory :  Provided, 
that  no  town  lot  shall  be  sold  for  a  less  price  than  eight  dollars,  nor  any 
out  lot  for  less  than  at  the  rate  of  five  dollars  an  acre. 

Approved,  April  30,  1810. 


Chap.  XXXVI Jin  Mt  to  extend  the  time  for  making  payment  for  the  Public 

Lands  if  the  United  Slates  in  certain  cases. 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  every  person  who,  prior 
to  the  first  day  of  January,  one  thousand  eight  hundred  and  six,  had  pur- 
chased any  tract  or  tracts  of  land  of  the  United  States,  not  exceeding  in 
the  whole,  six  hundred  and  forty  acres,  at  any  of  the  land-offices  esta- 
blished for  the  disposal  of  said  lands,  whether  such  purchase  was  made 
at  public  or  private  sale,  (sales  by  virtue  of  a  pre-emption  right  only  ex- 
cepted^j  and  whose  lands  have  not  already  been  actually  sold  or  reverted 
to  the  United  Sutes  for  non-payment  of  part  of  the  purchase  money. 


Mode  of  pro- 
ceeding for  oar. 
ing  them  record- 
ed. 


Act  of  March 
26, 1804,ch.36. 

Pertoni  not 
giviDg  notice  to 
be  barred. 

Regiiter  of 
the  land  office 
and  the  receiver 
of  public  moniea 
at  Vincennefly 
how  affected  by 
thiaacL 


Compensation. 


A  tract  of  land 
in  the  lUinoii 
territory  to  be 
laid  off  under 
direction  of  lor- 
yey  or.  general. 

The  tract  laid 
off  into  lots  not 
to  eiceed  the 
quantity  in  two 
■ectiona. 


No  town  lot 
to  be  sold  for 
lesi  than  eight 
dollari. 

Statute  II. 
April  30,  1810. 

Act  of  March 
2, 1809,  ch.  26. 

Actual  tet- 
tiers,  with  some 
exceptions,  un- 
der purchases 
from  the  United 
States  allowed 
a  further  time  to 
make  their  pay* 
ments. 


ELEVENTH  CONGRESS.    Sess.  II.  Ch.  37.    1810. 


Two  yemn  al- 
lowed  for  the 
ptyment  of  the 
reiidae. 


Mode  of  pay- 
ment of  the  reii- 
dae. 


ProTiiion  in 
eatei  where  the 
landi  hare  re- 
verted to  the  U. 
Sutea. 


ProTiao,  that 
application     be 
made  before 
Jane  1, 1810. 


and  who  shall  for  the  term  of  at  least  one  year  previoua  to  the  expiraUon 
of  fi?e  years  from  the  date  of  the  purchase  of  the  land,  have  actually 
inhabited  and  cultivated  any  one  tract  of  land  thus  purchased,  and  the 
time  for  making  the  last  payment  on  account  of  such  purchase  accord- 
ing to  former  Taws,  may  have  expired  or  shall  expire  on  or  liefore  the 
first  day  of  January  next,  shall  be  allowed  a  further  term  of  two  years, 
for  tfafe  payment  of  the  residue  of  the  principal  due  on  account  of  such 
purchase;  which  further  term  of  two  years  shall  be  calculated  to  com- 
mence from  the  expiration  of  one  year  from  and  after  the  day  on  which 
the  last  payment  on  account  of  such  purchase  should,  according  to 
former  laws,  have  become  due,  and  shall  be  allowed  only  on  the  (blTow- 
ing  conditions,  that  is  to  say :  First,  that  all  the  arrears  of  interest  oil 
the  land  purchased  to  the  end  of  one  year,  from  and  after  the  day  on 
which  the  last  payment  on  account  of  such  purchase  should,  according 
to  former  law^,  have  become  due,  shall  have  been  paid  at  or  before  the 
end  of  such  year:  Second,  that  the  residue  of  the  sum  due  on  account 
of  the  principal  of  such  purchase  shall  be  paid  with  interest  thereon,  in 
two  equal  annual  payments,  viz :  one  half  of  the  said  residue  with  the 
interest,  which  may  then  be  due  thereon,  within  one  year ;  and  the 
other  half  of  the  said  residue,  with  the  interest  which  may  then  be  due 
thereon,  within  two  years  after  the  expiration  of  one  year,  from  and 
after  the  day  on  which  the  last  payment  on  account  of  such  purchase 
should,  according  to  former  laws,  have  become  due.  And  in  case  of 
failure  in  paying  either  the  arrears  of  interest,  or  each  of  the  two  instal- 
ments of  principal,  with  the  accruing  interest,  at  the  time  aiid  times 
above  mentioned,  the  tract  of  land  shall  be  forthwith  advertised  and 
offered  for  sale  in  the  manner  and  on  the  terms  and  conditions  now 
prescribed  for  the  sale  of  lands,  purchased  from  the  United  States,  and 
not  paid  for  within  the  limited  time ;  and  shall  revert,  in  like  manner, 
to  the  United  States,  if  the  sum  due  with  interest,  be  not  at  such  sale 
bidden  and  paid. 

And  in  cases  where  any  tract  or  tracts  of  land,  not  in  the  whole  ex- 
ceeding six  hundred  and  forty  acres,  which  have  since  the  first  day  of 
January  last,  reverted  to  the  United  States,  for  default  of  payment,  the 
original  purchaser  may  again  enter  the  same  tract  or  tracts.  And  all 
monies  which  such  original  purchaser  may  have  paid  shall  be  replaced 
to  his  credit,  by  the  receiver  of  public  monies  of  the  respective  land- 
offices,  and  such  re-purchasers  shall  be  allowed  the  same  benefits  of  the 
extension  of  the  time  of  payment,  created  by  this  act,  as  though  no 
such  reversion  had  occurred :  Provided,  such  original  purchaser  shall 
make  to  the  prq>er  land  officer  such  application  for  such  re-entry,  as  is 
required  by  law  for  the  entry  of  lands,  on  or  before  first  day  of  June 
next,  and  the  land  so  reverted  shall  not  have  then  been  previously  r^ 
sold. 

Approved,  April  30,  1810. 


Statute  II. 

April  SO,  1810.  Chap.  X^XVIL— Jn  Jet  regulaiing  the  Postqffue  Establtshment,{a) 

RepMLled  by  Be  it  enacted  by  the  Senate  and  Hmse  of  Representatives  of  the  United 

1826.            ''  *«'«*  of  America  in  Congress  assembled.  That  there  be  established,  at 

(a)  For  the  deciaiona  of  the  courta  of  the  United  Sutea  on  the  dutiea  and  obligationa  of  the  «  Poet* 
maner  General,"  «  Poatmastera,"  and  "  the  Poat-oflice,"  aee  act  of  May  8, 1794,  chap.  23,  vol.  i.  363. 

Provioua  acU  for  the  regulation  of  the  Poat- office  department: — 

An  act  for  the  temporary  eaUbliahment  of  the  poat-ofBco.    (Obaolete.)    September  22,  1789,  chap.  16. 

An  act  to  continue  in  force  for  a  limited  time,  "An  act  for  the  temporary  eatabliihment  of  the  poet- 
office.*'    (Obaolete.)    Auffuat  4,  1790,  chip.  36. 

An  act  to  continue  in  force  for  a  limited  time,  '*  an  act  for  the  temporary  eatabliihment  of  the  poet- 
office."    (Obaolete.)    March  3,  1791,  chap.  23. 

An  act  to  oatabliah  the  poat- office  and  pott  roada  within  the  United  Statea.  (Expired.)  February  20, 
1792,  chap.  7. 


ELEVENTH  CONGRESS.    Sem.  II.  Ch.  37.    1810. 


General  pott- 
office  eaubliah- 
ed  at  the  aeat  of 
goverament. 

Dntiea  of  tht 
Poatmaater-Ge- 
neral. 


the  seal  of  govermnent  of  the  United  States,  a  ffeneral  post-officei  under 
the  direelion  of  a  Postmaster-General.  The  Postmaster-General  shall 
appoint  two  assistants,  and  such  clerks  as  may  be  necessary,  for  perform- 
ing the  business  of  his  office.  He  shall  establish  post-offices  and  appoint 
postmasters,  at  all  such  places  as  shall  appear  to  him  expedient,  on  the 
post  roads  that  are  or  may  be  established  by  law.  He  shall  give  his 
assistants,  Uie  postmasters,  and  all  other  persons  whom  he  shall  employ, 
or  who  may  be  employed  in  any  of  the  departments  of  the  general  post- 
office,  instructions  relative  to  their  duty.  He  shall  provide  for  the  car- 
riage  of  the  mail  on  all  post  roads  that  are  or  may  be  established  by  law, 
and  as  often  as  he,  having  regard  to  the  productiveness  thereof,  and  other 
circumstances,  shall  think  proper.  He  may  direct  the  route  or  road, 
where  there  are  more  than  one  between  places. designated  by  law  for  a 
post  road,  which  route  shall  be  considered  the  post  road.  He  shall  ob- 
tain from  the  postmasters  their  accounts  and  vouchers  for  their  receipts 
and  expenditures  once  in  three  months,  or  oftener,  with  the  balances 
thereon  arising  in  favour  of  the  general  post-office.  He  shall  pay  all  ex- 
penses which  may  arise  in  conducting  the  post-office,  and  in  the  convey- 
ance of  the  mail,  and  all  other  necesssary  expenses  arising  on  the 
collection  of  the  revenue  and  management  of  the  general  post-office. 
He  shall  prosecute  offences  against  the  postroffice  establishment.  He 
shall  once  in  three  months  render  to  the  Secretary  of  the  Treasury  a 
quarterly  account  of  all  the  receipts  and  expenditures  in  the  said  de- 
partment, to  be  adjusted  and  settled  as  other  public  accounts.  He  shall 
also  superintend  the  business  of  the  department  in  all  the  duties,  thai 
are  or  may  be  assigned  to  it :  Prwidedy  that  in  case  of  the  death,  resig- 
nation or  removal  from  office  of  the  Postmaster-General,  all  his  duties 
shall  be  performed  by  his  senior  assistant,  until  a  successor  shall  be  ap- 
pointed and  arrive  at  the  general  post-office  to  perform  the  business.(a^ 
Sec.  2.  And  be  it  Jvrther  enacted,  That  the  Postmaster-General,  ana 
all  other  persons  employed  in  the  general  post-office,  or  in  the  care, 
custody  or  cpnveyance  of  the  mail,  shall,  previous  to  entering  upon  the 

An  act  to  eatabliah  the  pott-ofBce  and  poat  roada  within  the  United  SUtea.  (Obaolete.)  May  8,  1794, 
chap.  S3. 

An  act  in  addition  to  the  act  entitled,  ''An  act  to  eatabliah  the  post-office  and  poat  roads  in  the  United 
Sutea."    (Obaolete.)    March  3,  1797,  chap.  19. 

An  act  to  continue  in  force  the  6th  aection  of  the  act  entitled,  "An  act  in  addition  to  the  act  entitled. 
An  act  to  eaUbliah  the  poat-oAce  and  poat  roada  in  the  United  Sutea."  (Obaolete.)  March  28,  1798, 
chap.  S4. 

An  act  to  eaUbliah  the  poat-office  in  tho  United  Sutea.    (Repealed.)    March  2,  1799,  chap.  43. 

An  act  farther  to  alter  and  eatabliah  cerUin  poat  roada,  and  for  other  purpoaea.  (Repealed.)  March 
26,  1804,  chap.  34. 

An  act  to  eatabliah  certain  poat  roads,  and  for  other  pnrpoaea.    (Repealed.)    March  3,  1807,  chap.  43. 

Acta  relating  to  the  post-ofiice  department,  pasaed  aobaequent  to  the  act  of  April  30,  1810,  chap.  37. 

An  act  to  provide  additional  revenaes  for  defraying  the  espenaea  of  government,  and  maintaining  the 
public  credit,  by  dutiea  on  aalea  at  auction,  and  on  licenaea  to  retail  winea,  spirituoua  liqnora,  and  foreign 
merchandiae,  and  for  increaaing  the  ratea  of  poatage.    (Repealed.)    December  23,  IS  14,  chap.  16. 

An  act  in  addition  to  the  act  regulating  the  poat-office  eaubliahment.  (Repealed.)  February  27, 1816, 
chap.  66. 

An  act  to  repeal  ao  much  of  an  act  paaaed  on  the  23d  of  December,  one  thouaand  eight  hundred  and 
fourteen,  aa  impoaea  additional  dutiea  on  poatage,  February  1,  1816,  chap.  7. 

An  act  in  addition  to  an  act  to  regulate  the  post-office  esublishment.  (Repealed.)  April  9, 1816,  ch.  46. 

An  act  to  reduce  into  one,  the  aeveral  acts  establishing  and  regulating  the  post. office  department, 
March  3,  1826,  chap.  64. 

An  act  amendatory  of  the  act  fegolating  the  post-office  department,  March  2,  1827,  chap.  61. 

An  act  to  increaae  the  aalar^  of  the  Postmaster-General,  March  2,  1827,  chap.  62. 

An  act  to  change  the  organisation  of  the  post-office  depirtment,  and  to  proviae  more  effectually  for  the 
aettlement  of  the  accounta  thereof,  July  2,  1836,  chap.  270. 

A  reaolntion  to  change  the  time  of  making  contracU  for  the  tranaportation  of  the  mail.  May  14,  1836. 

A  reaolntion  to  enable  the  Poatmaster-General  more  readily  to  change  the  commencement  of  the  con- 
tract  year  in  the  post-office  department,  March  2,  1837. 

An  act  making  appropriations  for  the  civil  and  diplomatic  eipenses  of  government  for  the  year  one 
thouaand  ei^bt  hundred  and  forty-two.  May  18,  1842,  chap.  29,  aeo.  1.    Act  of  1846,  chap.  43. 

A  resolution  in  relation  to  the  transmission  of  the  British  mail  between  Boston  and  Canada,  and  fbr 
other  purposes,  June  16,  1844.    Act  of  March  3,  1846. 

(a)  Act  of  March  2,  1827.  By  the  act  of  March  2,  1827,  chap.  62,  an  addition  to  the  salary  of  the 
Poatmaster-Oeneral,  of  two  thouaand  dollara  was  made. 

VouII.— 75  3d3 


694 


ELEVENTH  CONGRESS.    Sess.  II.  Ch.  37.     ISIO. 


Oath  of  office. 


Violations  of 
their  trusts  to  be 
punished,  as  if 
the  persons  con- 
cerned therein 
had  not  taken 
it. 

Postmaster- 
General  may 
proyide  for  the 
carriage  of  the 
mail. 


Free  white 

Eersons  only  to 
e  employed  in 
the  carriag^e  of 
the  mail. 


Postmastcr- 
Gcneral  may  al- 
low the  deputy 
postroasters 
such  compensa- 
tion as  he  may 
judge   reasona- 


Post,  roads 
obstructed  by 
gates,  &c.  &c. 
to  be  reported 
by  the  Postmas- 
ter.Gencral  to 
Congress,  that 
others  may  be 
substituted. 


duties  assigned  to  them,  or  the  execution  of  their  trusts,  and  before  they 
shall  be  entitled  to  receive  any  emolument  therefor,  respectively  take 
and  subscribe  the  following  oath  or  affirmation,  before  some  magistrate, 
and  cause  a  certificate  thereof  to  be  filed  in  the  general  post-office :  "  I, 
A.  B.  do  swear,  or  affirm  (as  the  case  may  be)  that  I  will  faithfully  per- 
form.all  the  duties  required  of  me,  and  abstain  from  every  thing  forbid- 
den by  the  laws  in  relation  to  the  establishment  of  the  post-office  and 
post  roads  within  the  United  States."  Every  person  who  shall  be  in  any 
manner  employed  in  the  care,  custody,  conveyance  or  management  of 
the  mail,  shall  be  subject  to  all  pains,  penalties  and  forfeitures  for  vio- 
lating the  injunctions,  oi-  neglecting  the  duties  required  of  him  by  the 
laws  relating  to  the  establishment  of  the  post-office  and  post  roads,  whe- 
ther such  person  shall  have  taken  the  oath  or  affirmation  above  pre- 
scribed or  not. 

Sec.  3.  A^d  be  it  further  enacted,  That  it  shall  be  lawful  for  the 
Postmaster-Oeneral  to  provide  by  contract,  for  the  carriage  of  the  mail 
on  any  road  on  which  a  stage  wagon  or  other  stage  carriage  shall  be 
established,  on  condition  that  the  expense  thereof  shall  not  exceed  the 
revenue  thence  arising.  It  shall  also  be  lawful  for  the  Postmaster-Gene- 
ral to  enter  into  contracts  for  a  term  not  exceeding  eight  years,  for 
extending  the  line  of  posts,  and  to  authorize  the  persons  so  contracting, 
as  a  compensation  for  their  expenses,  to  receive  during  the  continuance 
of  such  contracts,  at  rates  not  exceeding  those  for  like  distances  estab- 
lished by  this  act,  all  the  postage  which  shall  arise  on  letters,  newspa- 
pers, magazines,  pamphlets  and  packets,  conveyed  by  any  such  post; 
and  the  roads  designated  in  such  contracts  shall,  during  the  continuance 
thereof,  be  deemed  and  considered  as  post  roads  within  the  provision  of 
this  act :  and  a  duplicate  of  every  such  contract  shall,  within  sixty  days 
aAer  the  execution  thereof,  be  lodged  in  the  office  of  the  comptroller  of 
the  treasury  of  the  United  States. 

Sec.  4.  And  be  it  further  enacted,  That  no  other  than  a  free  white 
person  shall  be  employed  in  carrying  the  mail  of  the  United  States,  on 
any  of  the  post  roads,  either  as  a  post-rider  or  driver  of  a  carriage  car- 
rying the  mail ;  and  every  contractor  or  person  who  shall  have  stipulated 
or  may  hereafter  stipulate  to  carry  the  mail,  or  whose  duly  it  shaJl  be  to 
cause  the  same  to  be  conveyed  on  any  of  the  post  roads  as  aforesaid, 
and  who  shall,  contrary  to  this  act,  empfoy  any  other  than  a  free  white 
person  as  a  post-rider  or  driver,  or  in  any  other  way  to  carry  the  mail  on 
the  same,  shall  for  every  such  offence  forfeit  and  pay  the  sum  of  fifly 
dollars ;  one  moiety  thereof  to  the  use  of  the  United  States,  and  the 
other  moiety  thereof  to  the  person  who  shall  sue  for  and  prosecute  the 
same,  before  any  court  having  competent  jurisdiction  thereof. 

Sec.  5.  And  be  it  further  enacted.  That  the  Postmaster-General  shall 
be  authorized  to  allow  the  postmasters  at  the  several  distributing  offices 
such  compensation  as  shall  be  adequate  to  their  several  services  in  that 
respect :  Provided,  that  the  same  shall  not  exceed,  in  the  whole,  five 
per  cent,  on  the  whole  amount  of  postages  on  letters  and  newspapers 
received  for  distribution :  Provided  also,  that  if  the  number  of  mails, 
received  at  and  despatched  from  any  such  office  is  not  actually  increased 
by  the  distributing  system,  then  no  additional  allowance  shall  be  made 
to  the  postmaster. 

Sec.  6.  And  be  it  further  enacted,  That  whenever  it  shall  be  made 
to  appear  to  the  satisfaction  of  the  Postmaster-General  that  any  road 
established,  or  which  may  hereafter  be  established  as  a  post  road,  is 
obstructed  by  fences,  gates  or  bars,  or  other  than  those  lawfully  used  on 
turnpike  roads  to  collect  their  toll,  and  not  kept  in  good  repair,  with 
proper  bridges  and  ferries  where  the  same  may  be  neces.<iary,  it  shall  be 
the  duty  of  the  Postmaster-General  to  report  the  same  to  Congress  with 


ELEVENTH  CONGRESS.     Sess.  II.  Ch.  37.     1810. 


such  information  as  can  be  obtained,  to  enable  Congress  to  establish 
some  other  road  instead  of  it  in  the  same  main  direction. 

Sec.  7.  And  be  it  further  enacted.  That  if  any  person  shall  know- 
ingly and  wilfully  obstruct  or  retard  the  passage  of  the  mail,  or  of  any 
driver  or  carrier,  or  of  any  horse  or  carriage  carrying  the  same,  he  shall, 
upon  conviction,  for  every  such  offence,  pay  a  fine  not  exceeding  one 
hundred  dollars :  and  if  any  ferryman  shall  by  wilful  negligence  or  refu- 
sal to  transport  the  mail  across  any  ferry,  delay  the  same,  he  shall  forfeit 
and  pay  for  each  ten  minutes  that  the  same  shall  be  so  delayed,  a  sum 
not  exceeding  ten  dollars. 

Sec.  8.  And  be  it  further  enacted.  That  it  shall  be  the  duty  of  the 
Postmaster-General  to  give  public  notice  in  one  or  more  of  the  news- 
papers published  at  the  seat  of  government  of  the  United  States,  and  in 
one  or  more  of  the  newspapers  published  in  the  state  or  states  or  terri- 
tory, where  the  contract  is  to  be  performed,  for  at  least  six  weeks  before 
entering  into  any  contract  for  carrying  the  mail,  that  such  contract  is 
intended  to  be  made,  and  the  day  on  which  it  is  to  be  concluded,  de- 
scribing the  places  from  and  to  which  such  mail  is  to  be  conveyed,  the 
time  at  which  it  is  to  be  made  up,  and  the  day  and  hour  at  which  it  is 
to  be  delivered.  He  shall  moreover  within  ninety  days  after  the  making 
of  any  contract,  lodge  a  duplicate  thereof,  together  with  the  proposals 
which  he  shall  have  received  respecting  it,  in  the  office  of  the  comptrol- 
ler of  the  treasury  of  the  United  States :  Provided^  that  no  contract  shall 
be  entered  into  for  a  longer  term  than  four  years. 

Sec.  9.  And  be  it  fiirther  enacted.  That  every  postmaster  shall  keep 
an  office  in  which  one  or  more  persons  shall  attend  on  every  day  on 
which  a  mail,  or  bag,  or  other  packet  or  parcel  of  letters  shall  arrive  by 
land  or  water,  as  well  as  on  other  days,  at  such  hours  as  the  Postmaster- 
General  shall  direct,  for  the  purpose  of  performing  the  duties  thereof; 
and  it  shall  be  the  duty  of  the  postmaster  at  all  reasonable  hours,  on 
every  day  of  the  week,  to  deliver,  on  demand,  any  letter,  paper  or  packet, 
to  the  person  entitled  to  or  authorized  to  receive  the  same ;  and  all 
letters  brought  to  any  post-office  half  an  hour  before  the  time  of  making 
up  the  mail  at  such  office  shall  be  forwarded  therein ;  except  at  such 
post-offices,  where,  in  the  opinion  of  the  Postmaster-General,  it  requires 
more  time  for  making  up  the  mail,  and  which  he  shall  accordingly  pre- 
scribe ;  but  this  shall  in  no  case  exceed  one  hour. 

Sec.  10.  And  be  it  further  enacted,  That  no  fees  or  perquisites  shall 
be  received  by  any  person  employed  in  the  general  post-office  on  account 
of  the  duties  to  be  performed  by  virtue  of  his  appointment. 

Sec.  1 1.  And  be  it  further  enacted.  That  the  following  rates  of  post- 
age shall  be  charged  on  all  letters  and  packets  (excepting  such  as  are 
herein  afler  exempted)  conveyed  by  the  posts  of  the  United  States,  viz. 
for  every  letter  composed  of  a  single  sheet  of  paper,  conveyed  not  exceed- 
ing forty  miles,  eight  cents;  over  forty,  and  not  exceeding  ninety  miles, 
ten  cents;  over  ninety,  and  not  exceeding  one  hundred  and  fifty  miles, 
twelve  and  a  half  cents;  over  one  hundred  and  fifty,  and  not  exceeding 
three  hundred  miles,  seventeen  cents ;  over  three  hundred,  and  not  ex- 
ceeding five  hundred  miles,  twenty  cents;  over  five  hundred  miles, 
twenty-five  cents.  And  for  every  double  letter,  or  one  composed  of  two 
pieces  of  paper,  double  those  rates ;  and  for  every  triple  letter,  or  one 
composed  of  three  pieces  of  paper,  triple  those  rates ;  and  for  every 
packet  composed  of  four  or  more  pieces  of  paper,  or  other  thing,  and 
weighing  one  ounce  avoirdupois,  quadruple  those  rates,  and  in  that  pro- 
portion for  all  greater  weight :  Provided,  that  no  packet  of  letters  con- 
veyed by  the  water  mails  shall  be  charged  with  more  than  quadruple 
postage,  unless  the  same  shall  actually  contain  more  than  four  distinct 
letters.  No  postmaster  shall  be  obliged  to  receive,  to  be  conveyed  by 
the  mail,  any  packet  which  shall  weigh  more  than  three  pounds :  and 


Penalties  for 
obstructing  or 
retarding  the 
mail. 


Proposals  for 
contracts  to  be 
published  by  the 
Postmaster.Ge- 
neral. 


Duplicates  of 
contracts  and 
proposals  to  be 
lodged    in    the 
comptroller's 
office. 

Postmasters  to 
have  regular  at' 
tendance  in 
their  officer. 

Prescribed  by 
the  Postmaster. 
General. 


Regulations 
concerning  let- 
ters. 


No    fees   or 
perquisites  a], 
lowable  in  the 
general  post- 
office. 

Rates  of  post- 
age. 

Act  of  Dec. 
23, 1814,  ch.  16, 
sec.  S. 


506 


ELEVENTH  CONGRESS.    Sesb.  II.  Ch.  37.    1810. 


PotUge  apon. 
foreign  letten 
and  thoM  car- 
ried coastwise. 


Penaltiet  for 
charging  nnaa- 
thorizearatet  of 
pottage. 


Letters  to  be 
delivered  to  the 
postmastert 
from  Teasels, 
previous  to  their 
being  permitted 
to  report,  &c. 


Masters   of 

vessels  to  take 
an    oath    aa  to 
the  delivery  of 
letters,  &c. 
Penalties. 


Masters  of 

vessels,  except 
those  of  foreign 
packeU,  to  re- 
ceive postage 
for  letters 
brought  and  de- 
livered by  them. 


Penaltiea    for 
setting  up  posts 
between  post 
towns. 


the  postage  marked  on  any  letter  or  package,  and  charged  on  the  post 
bill  which  may  accompany  the  same,  »hall,  in  favour  of  the  postmaster 
who  delivers  out  said  letter,  be  conclusive  evidence  of  the  lawful  postage 
thereon,  unless  said  letter  shall  be  opened  in  the  presence  of  the  said 
postmaster  or  his  clerk. 

Sec.  12.  And  be  it  further  enacted^  That  every  letter  or  packet 
brought  into  the  United  States,  or  carried  from  one  port  therein  to 
another,  in  any  private  ship  or  vessel,  shall  be  charged  with  six  cents, 
if  delivered  at  the  post-office  where  the  same  shall  arrive,  and  if  destined 
to  be  conveyed  by  post  to  any  other  place,  with  two  cents  added  to  the 
ordinary  rates  of  postage. 

Sec.  13.  And  he  it  further  enacted.  That  if  any  postmaster,  or  other 
person  authorized  by  the  Postmaster-General,  to  receive  the  postage  of 
letters,  shall  fraudulently  demand  or  receive  any  rate  of  postage,  or 
gratuity  or  reward,  other  than  is  provided  by  this  act,  for  the  postage  of 
letters  or  packets ;  on  conviction  thereof  he  shall  forfeit  for  every  such 
offence,  one  hundred  dollars,  and  shall  be  rendered  incapable  of  holding 
any  office  or  appointment  under  the  government  of  the  United  States. 

Sec.  14.  And  be  it  further  enacted.  That  no  ship  or  vessel  arriving 
at  any  port  within  the  United  States,  where  a  postpoffice  is  established, 
shall  be  permitted  to  report,  make  entry,  or  break  bulk,  until  the  master 
or  commander  shall  have  delivered  to  the  postmaster  all  letters  directed 
to  any  person  or  persons  within  the  United  States,  or  the  territories 
thereof,  which,  under  his  care,  or  within  his  power  shall  be  brought  ia 
such  ship  or  vessel,  except  such  as  are  directed  to  the  owner  or  con- 
signee of  the  ship  or  vessel,  and  except  also  such  as  are  directed  to  be 
delivered  at  the  port  of  delivery  to  which  such  ship  or  vessel  may  be 
bound.  And  it  shall  be  the  duty  of  the  collector,  or  other  officer  of  the 
port,  empowered  to  receive  entries  of  ships  or  vessels,  to  require,  from 
every  roaster  or  commander  of  such  ship  or  vessel,  an  oath  or  affirma- 
tion, purporting  that  he  has  delivered  all  such  letters,  exc^  as  afore> 
said.  And  if  any  commander  or  master  of  any  ship  or  vessel  shall  break 
bulk  before  he  shall  have  complied  with  the  requirements  of  this  act, 
every  such  offender  shall,  on  conviction  thereof,  forfeit  for  every  such 
offence  a  sum  not  exceeding  one  hundred  dollars. 

Sec.  15.  And  he  it  further  enacted^  That'the  postmasters  to  whom 
such  letters  may  be  delivered,  shall  pay  to  the  master  or  commander,  or 
other  person,  delivering  the  same,  except  the  commanders  of  foreign 
packets,  two  cents  for  each  letter  or  packet,  and  shall  obtain,  from  the 
person  delivering  the  same,  a  certificate  specifying  the  number  of  letters 
and  packets,  with  the  name  of  the  ship  or  vessel,  and  the  place  from 
whence  she  last  sailed;  which  certificate,  together  with  a  receipt  for  the 
money,  shall  be,  with  his  quarterly  accounts,  transmitted  to  the  Post- 
master-General, who  shall  credit  him  with  the  amount. 

Sec.  16.  Aiid  he  it  further  enacted,  That  if  any  person,  other  than 
the  Postmaster-General  or  his  deputies,  or  persons  by  them  employed, 
shall  be  concerned  in  setting  up  or  maintaining  any  foot  or  horse  post, 
stage  wa^on,  or  other  stage  carriage  or  sleigh  on  any  estaUished  post 
road,  or  from  one  post  town  to  another  post  town,  on  any  road  adjacent 
or  parallel  to  an  established  post  road,  or  any  packet  boat  or  other  ves- 
sel to  ply  regularly  from  one  place  to  another,  between  which  a  regular 
communication  by  water  shall  be  established  by  the  United  States,  and 
shall  receive  any  letter  or  packet,  other  than  newspapers,  magazines  or 
pamphleu,  and  carry  the  same  by  such  foot  or  horse  post,  stage  wagoQ 
or  other  stage,  carriage,  or  sleigh,  packet  boat  or  vessel,  (excepting  only 
such  letter  or  letters  as  may  be  directed  to  the  owner  or  owners  of  such 
conveyance,  and  relating  to  the  same,  or  to  the  person  to  whom  any 
packet  or  bundle  in  such  conveyance  is  intended  to  be  delivered,)  every 
person  so  offending  shall  forfeit  for  every  such  offence  the  sum  of  fifty 


ELEVENTH  CONGRESS.    Sess.  U.  Ch.  37.    1810. 


507 


dollars:  Provided,  that  it  shall  be  lawful  for  any  person  to  send  letters 
or  packets  by  a  special  messenger. 

Sec.  17.  And  be  it  Juriher  enacted.  That  the  deputy  postmasters  and 
other  agents  of  the  Postmaster^eneral  shall  duly  account  and  answer 
to  him,  for  all  way  letters  which  shall  come  to  their  hands;  and  for  this 
purpose  the  post  riders  and  other  carriers  of  the  mail,  receiving  any  way 
letter  or  letters  (and  it  shall  be  their  duty  to  receive  them,  if  presented 
more  than  two  miles  from  a  postpoffice)  shall  deliver  the  same,  together 
with  the  postage,  if  paid,  at  the  first  post-office  to  which  they  shall  after- 
wards arrive,  where  the  postmaster  shall  duly  enter  the  same,  and  specify 
the  number  and  rate  or  rates  in  the  post  bill,  adding  to  the  rate  of  each 
way  letter,  one  cent,  which  shall  be  paid  by  the  postmaster  to  the  mail 
carrier  from  whom  such  way  letters  shall  be  received.  And  that  letters 
directed  to  persons  living  between  post-offices  may  be  delivered,  and  the 
postage  thereof  duly  collected,  it  shall  be  the  duty  of  the  carriers  of  the 
mail  to  take  charge  of,  and  deliver  all  such  letters  as  shall  for  that  pur- 
pose be  committed  to  them  by  any  postmaster,  and  collect  the  postage 
thereof,  which  shall  be  paid  over  to  such  postmaster  on  demand.  And 
for  every  letter  so  delivered,  the  mail  carrier  delivering  the  same  shall 
be  allowed  to  demand  and  receive  two  cents  to  his  own  use,  besides  the 
ordinary  postage.  And  if  any  postmaster  or  other  agent  of  the  Post- 
master-General shall  neglect  so  to  account,  he  or  they  so  offending  shall, 
on  conviction  thereof,  forfeit  for  every  such  offence  a  sum  not  exceeding 
fifty  dollars:  Provided,  that  no  mail  carrier  shall  make  such  deliveries 
at  any  place  not  on  the  post  road :  Provided  also,  that  the  receipt  and 
delivery  of  letters  on  the  way,  between  post-offices,  shall  not  be  required 
of  the  mail  carriers  in  cases  where,  in  the  opinion  of  the  Postmaster- 
General,  the  time  or  manner  of  carrying  the  mail,  or  the  speed  of  con- 
veyance, is  incompatible  with  such  receipts  and  deliveries. 

Sec.  18.  And  be  it  further  enacted.  That  if  any  person,  employed  in 
any  of  the  departments  of  the  general  post-office,  shall  unlawfully  detain, 
deli^  or  open  any  letter,  packet,  bag  or  mail  of  letters,  with  which  he 
shall  be  entrusted,  or  which  shall  have  come  to  his  possession,  and  which 
are  intended  to  be  conveyed  by  post,  or  if  any  such  person  shall  secrete, 
embezzle  or  destroy  any  letter  or  packet  entrusted  to  him  as  aforesaid, 
and  which  shall  not  contain  any  security  for,  or  assurance  relating  to 
money,  as  herein  after  described,  every  such  offender,  being  thereof 
duly  convicted,  shall,  for  every  such  offence,  be  fined,  not  exceeding 
three  hundred  dollars,  or  imprisoned,  not  exceeding  six  months,  or  both, 
according  to  the  circumstances  and  aggravations  of  the  offence.  And 
if  any  person,  employed  as  aforesaid,  shall  secrete,  embezzle  or  destroy 
any  letter,  packet,  bag  or  mail  of  letters,  with  which  he  shall  be  entrusted, 
or,  which  shall  have  come  to  his  possession,  and  are  intended  to  be  con- 
veyed by  post,  containing  any  bank  note  or  bank  post  bill,  bill  of  exchange, 
warrant  of  the  treasury  of  the  United  States,  note  of  assignment  of  stock 
in  the  funds,  letters  of  attorney  for  receiving  annuities  or  dividends,  or 
for  selling  stock  in  the  funds,  or  for  receiving  the  interest  thereof,  or 
any  letter  of  credit,  or  note  for  or  relating  to  payment  of  monies,  or  any 
bond  or  warrant,  draft,  bill  or  promissory  note,  covenant,  contract  or 
agreement  whatsoever,  for  or  relating  to  the  payment  of  money,  or  the 
delivery  of  any  article  of  value,  or  the  performance  of  any  act,  matter, 
or  thing,  or  any  receipt,  release,  acquittance  or  discharge  of  or  from  any 
debt,  covenant  or  demand,  or  any  part  thereof,  or  any  copy  of  any  record 
of  any  judgment  or  decree,  in  any  court  of  law  or  chancery,  or  any  exe- 
cution which  may  have  issued  thereon,  or  any  copy  of  any  other  record, 
or  any  other  article  of  value,  or  any  writing  representing  the  same;  or 
if  any  such  person,  employed  as  aforesaid,  shall  steal  or  take  any  of  the 
same  out  of  any  letter,  packet,  bag  or  mail  of  letters,  that  shall  come  to 
his  possession,  he  shall,  on  conviction,  for  any  such  offence,  be  im- 


RegQlatiom 
conceming  way 
letters. 


Penaltiei  for 
nnlawfuUy  de- 
taining, delay- 
ing, or  opening 
letters,  packets, 
&c.  fcc. 


898 


ELEVENTH  CX>NGRESS.    Ssss.  U.  Ch.  37.    1810. 


Robberies  of 
the  maila,  how 
paniihablc. 


Penalties  for 
injuring   the 
portmanteaus, 
&C.&C.  in  which 
fliails  may  be 
carried. 


prisoned  not  exceeding  ten  years.  And  if  any  person,  who  shall  have 
taken  charge  of  the  mail  of  the  United  States,  shall  quit  or  desert  the 
same,  before  he  delivers  it  into  the  post-office  kept  at  the  termination  of 
his  route,  or  to  some  known  mail  carrier,  or  agent  of  the  general  post- 
office  authorized  to  receive  the  same,  every  such  person,  so  offending, 
shall  forfeit  and  pay  a  sum  not  exceeding  five  hundred  dollars  for  every 
such  offence.  And  if  any  person,  concerned  in  carrying  the  mail  of  the 
United  States,  shall  collect,  receive  or  carry  any  letter  or  packet,  or  shall 
cause  or  procure  the  same  to  be  done,  contrary  to  this  act,  every  such 
offender  shall  forfeit  and  pay,  for  every  such  offence,  a  sum  not  exceed- 
ing  fifty  dollars. 

Sec.  19.  And  be  it  Jwrther  enacted^  That  if  any  person  shall  rob  any 
carrier  of  the  mail  of  the  United  States  or  other  person  entrusted  there- 
with, of  such  mail,  or  of  part  thereof,  such  offender  or  offenders  shall, 
on  conviction,  be  imprisoned  not  exceeding  ten  years,  and  if  convicted 
a  second  time  of  a  like  offence,  he  or  they  shall  suffer  death;  or  if  in 
effecting  such  robbery  of  the  mail,  the  first  time,  the  offender  shall 
wound  the  person  having  custody  thereof,  or  put  his  life,  in  jeopardy,  by 
the  use  of  dangerous  weapons,  such  offender  or  offenders  shall  suffer 
death. (a)  And  if  any  person  shall  attempt  to  rob  the  mail  of  the  United 
States,  by  assaulting  the  person  having  custody  thereof,  shooting  at  him 
or  his  horse  or  mule,  or  threatening  him  with  dangerous  weapons,  and 
the  robbery  is  not  effected,  every  such  offender,  on  conviction  thereof, 
shall  be  punished  by  imprisonment  not  exceeding  three  years.  And  if 
any  person  shall  steal  the  mail,  or  shall  steal  or  take  from  or  out  of  any 
mail,  or  from  or  out  of  any  post-office,  any  letter  or  packet,  or  if  any 
person  shall  take  the  mail,  or  any  letter  or  packM  therefrom  or  from  yy 
post-office,  whether  with  or  without  the  consent  of  the  person  having 
custody  thereof,  and  shall  open,  embezzle,  or  destroy  any  such  mail, 
letter,  or  packet,  the  same  containing  any  article  of  value,  or  evidence 
of  any  debt,  due,  demand,  right  or  claim,  or  any  release,  receipt,  acquit- 
tance or  discharge,  or  any  other  article,  paper  or  thing  mentioned  and 
described  in  the  eighteenth  section  of  this  act,  or  if  any  person  shall,  by 
fraud  or  deception,  obtain,  from  any  person  having  custody  thereof,  any 
mail,  letter  or  packet,  containing  any  article  of  value,  or  evidence  there- 
of, or  either  of  the  writings  referred  to,  or  next  above  mentioned,  such 
offender  or  offenders,  on  conviction  thereof,  shall  be  imprisoned  not  ex- 
ceeding seven  years.  And  if  any  person  shall  take  ^ny  letter  or  packet, 
not  containing  any  article  of  value  or  evidence  thereof,  out  of  a  post- 
office,  or  shall  open  any  letter  or  packet  which  shall  have  been  in  a 
post-office,  or  in  the  custody  of  a  mail  carrier,  before  it  shall  have  been 
delivered  to  the  person  to  whom  it  is  directed,  with  a  design  to  obstruct 
the  correspondence,  to  pry  into  another's  business  or  secrets,  or  shall 
secrete,  embezzle  or  destroy  any  such  mail,  letter  or  packet,  such 
offender,  upon  conviction,  shall  pay  for  every  such  offence  a  sum  not 
exceeding  five  hundred  dollars. 

Sec.  20.  And  be  it  further  enacted,  That  if  any  person  shall  rip,  cut, 
tear,  burn,  or  otherwise  injure  any  portmanteau,  valise,  or  other  bag 
used,  or  designed  to  be  used  by  any  person  acting  under  the  autho- 
rity of  the  Postmaster-Oeneral,  or  any  person  in  whom  his  powers  are 
vested  in  the  conveyance  of  any  mail,  letter,  packet,  newspaper  or 
pamphlet,  or  shall  draw  or  break  any  staple,  or  loosen  any  part  of  any 
lock,  chain  or  strap  attached  or  belonging  to  any  such  valise,  portmanteau, 
or  bag,  with  an  intent  to  rob  or  steal  any  mail,  letter,  packet,  newspaper 
or  pamphlet,  or  to  render  either  of  the  same  insecure,  every  such  offender, 
upon  conviction,  shall  for  every  such  offence  pay  a  sum  not  exceed- 
ing five  hundred  dollars,  or  be  imprisoned  not  exceeding  three  years,  at 
the  discretion  of  the  court  before  whom  such  conviction  is  had. 

(a)  See  act  of  March  3,  1835,  ch.  65,  sec.  23. 


ELEVENTH  CONGRESS.    Siss.  II.  Cu.  37.     1810. 


530 


Sec.  21.  And  he  it  fitrther  enacted,  That  every  person  who  from 
and  af^er  the  passage  of  this  act  shall  procure,  aid,  advise,  or  assist  in 
the  doing  or  perpetration  of  any  of  the  acts  or  crimes,  by  this  act  for- 
bidden to  be  done  or  performed,  shall  be  subject  to  the  same  penalties 
and  punishments  as  the  persons  are  subject  to,  who  shall  actually  do  or 
perpetrate  any  of  said  acts  or  crimes,  according  to  the  provision  of  this 
act 

Sec.  22.  And  be  it  further  enacted.  That  every  person  who  shall  be 
imprisoned  by  a  judgment  of  court,  under  and  by  virtue  of  the  eighteenth, 
nineteenth,  twentieth  or  twenty-first  sections  of  this  act,  shall  be  kept  at 
hard  labour  during  the  period  of  such  imprisonment. 

Sec.  23.  And  be  it  further  enacted,  That  the  postmasters  shall, 
respectively,  publish,  at  the  expiration  of  every  three  months,  or  oflener, 
when  the  Postmaster-General  shall  so  direct,  in  one  of  the  newspapers 
published  at  or  nearest  the  place  of  his  residence,  for  three  successive 
weeks,  a  list  of  all  the  letters  remaining  in  their  respective  offices,  or, 
instead  thereof,  shall  make  out  a  number  of  such  lists,  and  cause  them 
to  be  posted  at  such  public  places  in  their  vicinity,  as  shall  appear  to 
them  best  adapted  for  the  information  of  the  parties  concerned ;  and  at 
the  expiration  of  the  next  three  montRs,  shall  send  such  of  the  said  let- 
ters as  then  remain  on  hand,  as  dead  letters,  to  the  general  post-office, 
where  the  same  shall  be  opened  and  inspected ;  and  if  any  valuable 
papers  or  matter  of  consequence  shall  be  found  therein,  it  shall  be  the 
duty  of  the  Postmaster-General  to  return  such  letter  to  the  writer  thereof, 
or  cause  a  descriptive  list  thereof  to  be  inserted  in  one  of  the  newspa- 
pers, published  at  the  place  most  convenient  to  the  supposed  residence 
QJthe  owner,  if  within  the  United  States;  and  such  letter,  and  the  con- 
tents, shall  be  preserved  to  be  delivered  to  the  person  to  whom  the  same 
shall  be  addressed,  upon  payment  of  the  postage,  and  the  expense  of 
publication.  And  if  such  letter,  with  its  contents,  be  not  demanded  by 
the  person  to  whom  it  is  addressed,  or  the  owner  thereof,  or  his  lawful 
agent,  within  two  years  after  the  advertisement  thereof  as  aforesaid,  the 
said  contents  shall  be  applied  to  the  use  of  the  United  States,  until  the 
same  shall  be  reclaimed  by  the  proprietor  thereof.  The  manner  of  such 
application  to  be  specially  stated  by  the  Postmaster-General,  to  the  Se- 
cretary of  Ihe  Treasury. 

Sec.  24.  And  be  it  further  enacted,  That  letters  and  packets,  to  and 
from  the  following  officers  of  the  United  States,  shall  be  received  and 
conveyed  by  post,  free  of  postage. (a)     Each  postmaster,  provided  each 


AcceMories 
to  be  paniihed 
u  principals. 


Regulations 
concerning  un- 
claimed letteriy 
&c.  &c. 


Persons  to  and 
from  whom  let- 
ters go  free  of 
postage. 


(a)  Privilege  of  Franking : — 

An  act  to  Gstabllih  the  post-oflice  and  post  roads  within  the  United  States.  (Obsolete.)  February  30, 
1792,  chap.  7,  sec.  19. 

An  act  to  esublish  the  post.oflice  and  post  roads  within  the  United  Sutes.  (Expired.)  May  8,  1794, 
chap.  23,  sec.  19. 

An  act  to  extend  the  privilege  of  franking  to  the  secretary  of  the  navy.  (Repealed.)  June  22,  179S, 
chap.  66. 

An  act  extending  the  privilege  of  franking  letters  to  the  delegate  from  the  territory  of  the  United 
States  northwest  of  the  river  Ohio.    (Obsolete.)    December  15, 1800,  chap.  1. 

By  an  act  of  March  3,  1801,  chap.  35,  the  privilege  of  franking  was  given  to  John  Adams. 

An  act  extending  the  privilege  or  franking,  and  receiving  letters  free  of  postage,  to  any  person  admit- 
ted, or  to  be  admitted  to  take  a  seat  as  delegate,  and  providing  compensation  for  such  delegate.  (Obso. 
lete.)    February  18,  1802,  chap.  5. 

An  act  to  provide  for  the  prompt  settlement  of  public  accounts,  March  3,  1817,  chap.  46,  sec.  16. 

An  act  regulating  the  staff  of  the  army,  April  14,  1818,  chap.  34,  sec.  10. 

An  act  in  addition  to  an  act  entitled,  «  An  act  regulating  the  post-office  establishment,'*  March  13, 
1820,  chap.  21. 

An  act  to  reduce  into  one  act  the  several  acts  establishing  and  regulating  the  post-office  department, 
March  3,  1825,  chap.  64,  sec.  27,  28,  40. 

By  the  27th  section  of  the  act  of  March  3,  1825,  chap.  64,  such  individual  as  may  have  been,  or  shall 
be.  President  of  the  United  States,  has  the  privilege  of  franking. 

Resolution  authorizing  the  speaker  of  the  House  of  Representatives  to  frank  letters  and  packages, 
April  3,  1828. 

Resolution  in  relation  to  Charles  Carroll  of  Carrollton,  May  23, 1828. 

An  act  to  extend  the  privilege  of  fVanking  letters  and  packages  to  Dolly  P.  Madison,  July  2, 1836,  chap. 
270. 


eoo 


ELEVENTH  CONGRESS.    Sna.  11.  Ch.  37.    I8I0. 


Pentltietapon 
franking    otner 
letten  than  their 
own. 
ProTiio. 


of  his  letters  or  packets  shall  not  exceed  half  an  ounce  in  weiffht ;  each 
member  of  the  Senate,  and  each  member  and  delegate  of  the  House  of 
Representatives  of  the  Congress  of  the  United  Sutes;  the  secretary  of 
the  Senate  and  clerk  of  the  House  of  Representatives,  provided  each 
letter  or  packet  shall  not  exceed  two  ounces  in  weight,  and  during  their 
actual  attendance  in  any  session  of  Congress,  and  twenty  days  aAer  such 
session,  and  in  case  of  excess  of  weight,  that  excess  alone  shall  be  paid 
for ;  the  President  of  the  United  States;  Vice  President,  the  secretaries 
of  state,  of  the  treasury,  of  war,  of  the  navy;  the  attorney-general;  the 
comptroller ;  treasurer ;  auditor ;  register ;  supervisor  of  the  direct  tax 
for  the  district  of  South  Carolina ;  superintendent  of  Indian  trade ;  pur- 
veyor; the  inspector  and  paymaster  of  the  army;  accountants  of  the  war 
and  navy  departments ;  postmaster-general ;  and  the  assistants  postmas- 
ter-general ;  John  Adams,  a  former  President  of  the  United  States ;  and 
Thomas  Jefferson,  late  President  of  the  United  States ;  and  they  may 
all  receive  their  newspapers  by  post,  free  of  postage :  Pronided^  that  the 
members  of  the  Senate  and  House  of  Represehutives,  secretary  of  the 
Senate  and  clerk  of  the  House  of  Representatives,  shall  receive  their 
newspapers,  free  of  postage,  only  during  any  session  of  Congress,  and 
twenty  days  after  the  expiration  of  the  same :  And  provided,  that  no 
letter  or  packet  from  any  public  officer  shall  be  conveyed  by  post,  free 
of  postage,  unless  he  shall  frank  the  same,  by  writing  his  name  and 
office  on  the  outside  of  such  letter  or  packet,  and  until  he  has  previously 
furnished  the  postmaster  of  the  office  where  he  shall  deposit  the  same, 
with  a  specimen  of  his  signature. 

Sec.  25.  And  ke  it  Jurther  enacted.  That  if  any  person  shall  frank 
letters  other  than  those  written  by  himself,  or  by  his  order  on  the  busi- 
ness of  his  office,  he  shall,  on  conviction  thereof,  pay  a  fine  of  ten  dol- 
lars :  Provided,  that  the  Secretary  of  the  Treasury,  Secretary  of  State, 
Secretary  of  War,  Secretary  of  the  Navy,  and  Postmaster-General,  may 
frank  letters  or  packets  on  official  business,  prepared  in  any  other  public 
office,  in  the  absence  of  the  principal  thereof.  And  if  any  person,  hav- 
ing the  right  to  receive  his  letters  free  of  postage,  shall  receive  endosed 
to  him  any  letter  or  packet  addressed  to  a  person  not  having  that  right, 
it  shall  be  his  duty  to  return  the  same  to  the  post-office-^roarking  thereon, 
the  place  from  whence  it  came,  that  it  may  be  charged  with  postage. 
And  if  any  person  shall  counterfeit  the  handwriting  or  frank  of  any  per- 
son or  cause  the  same  to  be  done,  in  order  to  avoid  the  payment  of 
postage,  each  person  so  offending  shall  pay  for  every  such  offence  fifty 
dollars. 

Sec  26.  And  be  it  Jurther  enacted.  That  every  printer  of  newq>a- 
pers  may  send  one  paper  to  each  and  every  other  printer  of  newspapers 
within  the  United  States,  free  of  postage,  under  such  regulations  as  the 
Postmaster-General  shall  provide. 

Sec.  27.  And  be  it  further  enacted,  That  all  newspapers  conveyed  in 
the  mail  shall  be  under  cover,  open  at  one  end,  and  charged  with  a  post- 
age of  one  cent  each,  for  any  distance  not  more  than  one  hundred  miles, 
and  one  and  an  half  cents  for  any  greater  distance :  Provided,  that  the 
postage  of  a  single  newspaper  from  any  one  place  to  another  in  the 
same  state,  shall  not  exceed  one  cent ;  and  that  the  Postmaster-General 

An  act  aothoriiing  the  governora  of  the  Mreral  atatea  to  transmit  by  mail  certain  booka  and  docnmenta, 
June  30,  1834,  chap.  168. 

Ao  act  to  provide  for  the  appointment  of  solicitor  of  the  treasury,  May  29,  1830,  chip.  153,  sec.  II. 

An  act  to  carry  into  effect  the  conTontion  between  the  United  States  and  his  majeaty  the  king  of  the 
French,  &c.,  July  13,  1832,  chap.  199,  aoc.  8. 

An  act  to  continue  the  office  of  the  commissioner  of  pensions,  March  3,  1835,  chsp.  44,  sec.  3. 

An  act  to  promote  the  progress  of  the  useful  arts,  &e.,  July  4,  1836,  chap.  367,  sec.  1. 

An  act  to  authorise  the  chief  clerk  in  the  office  of  the  SccrcUry  of  Sute,  to  frank  public  and  official 
documents,  sent  from  the  office,  February  15,  1843,  chap.  3. 

An  act  authorising  the  transmission  of  letters  and  packets  to  and  from  Mrs.  Harrison,  free  of  postage, 
September  9,  1841,  chap.  19.    See  act  of  March  3,  1845,  chap.  43. 


Regnlation 
eonceming 
newapapera. 


Further  regn* 
lationa  concern- 
ing newspapers. 


ELEVENTH  CONGRESS.    Sias.  U.  Ch.  S7.    1810. 


601 


■hall  require  lho8e  who  receive  newspapers  by  poet,  to  pay  always  the 
amount  of  one  quarter's  postage  in  advance.  If  any  person  employed 
in  any  department  of  the  post-office  shall  improperly  detain,  delay,  ero-> 
be2zle  or  destroy  any  newspaper,  or  shall  permit  any  other  person  to  do 
the  like,  or  shall  open,  or  permit  any  other  to  open  any  mail  or  packet 
of  newspapers  not  directed  to  the  office  where  he  is  employed,  he  shall, 
on  conviction  thereof,  forfeit  a  sum  not  exceeding  fifty  dollars  for  every 
such  offence.  And  if  any  other  person  shall  open  any  mail  or  packet 
of  newspapers,  or  shall  embezzle  or  destroy  the  same,  not  being  directed 
to  himself,  or  not  being  authorized  to  receive  and  open  the  same,  he 
■hall,  on  conviction  thereof,  pay  a  sum  not  exceeding  twenty  dollars  for 
every  such  offence.  And  if  any  person  shall  take  or  steal  any  packet, 
bag  or  mail  of  newspapers  from  or  out  of  any  postroffice,  or  from  any 
person  having  custody  thereof,  such  person  shall,  on  conviction,  be  im- 
prisoned, not  exceeding  three  months  for  every  such  offence,  to  be  kept 
at  hard  labour  during  the  period  of  such  imprisonment  If  any  person 
■hall  encloae  or  conceal  a  letter  or  other  thing,  or  any  memorandum  in 
writing  in  a  new8pq>er,  or  among  any  package  of  newspapers,  which  he 
■hall  £ive  delivered  into  any  post-office,  or  to  any  person  for  that  pur- 
pose, in  order  that  the  same  may  be  carried  by  post,  free  of  letter 
poetage,  he  shall  forfeit  the  sum  of  five  dollars  for  every  such  offence ; 
and  the  letter,  newspaper,  package,  memorandum  or  other  thing,  shall 
not  be  delivered  to  the  person  to  whom  it  is  directed  until  the  amount 
of  single  letter  postage  is  paid  for  each  article  of  which  the  package 
■hall  l^  composed.  No  newspapers  shall  be  received  by  the  postmas- 
ters to  be  conveyed  by  post,  unless  they  are  sufficiently  dried  and  en« 
closed,  in  proper  wrappers,  on  which,  beside  the  direction,  shall  be  noted 
the  number  of  papers  which  are  enclosed  for  subscribers,  and  the  num- 
ber for  printers.  The  Postmaster-XS^eneral,  in  any  contract  he  may  enter 
into  for  the  conveyance  of  the  mail,  may  authorize  the  person  with 
whom  such  contract  is  to  be  made,  to  carry  newspapers,  magazines  and 
pamphlets,  other  than  those  conveyed  in  the  mail.  When  the  mode  of 
conveyance  and  the  size  of  the  mails  will  admit  of  it,  magazines  and 
pamphlets  may  be  transported  in  the  mail  at  one  cent  a  sheet,  for  any 
distance  not  exceeding  fifty  miles,  at  one  cent  and  an  half  for  any  dis- 
tance over  fifty  and  not  exceeding  one  hundred  miles,  and  two  cents  for 
any  greater  distance. 

Sec.  28.  And  he  ii  fiartker  enacted^  That  the  Postmaster-General  be 
authorized  to  allow  to  the  postmasters  respectively,  such  commission  on 
the  monies  arising  from  the  postages  of  letters  and  packets  as  shall  be 
adequate  to  their  respective  services  and  expenses :  Provided,  that  the 
said  commission  shall  not  exceed  thirty  per  cent  on  the  first  hundred 
dollars  collected  in  one  quarter,  and  twenty-five  per  cent  on  a  sum  over 
one  hundred  and  not  more  than  three  hundred ;  and  twenty  per  cent 
on  any  sum  over  four  hundred  and  not  exceeding  two  thousand  dollars ; 
and  eight  per  cent  on  any  sum  collected,  being  over  two  thousand  four 
hundred  dollars ;  except  to  the  postmasters  who  may  be  employed  in 
receiving  and  despatching  foreign  mails,  whoso  compensation  may  be 
augmented,  not  exceeding  twenty-five  dollars,  in  one  quarter,  and  ex- 
cepting to  the  postmasters  at  offices  where  the  mail  is  regularly  to  arrive, 
between  the  hours  of  nine  o'clock  at  night  and  five  o'clock  in  the  morniog ; 
whose  commission  on  the  first  hundred  dollars  collected  in  one  quarter, 
may  be  increased  to  a  sum  not  exceeding  fifty  per  cent.  The  Postmas- 
tei^eneral  may  allow  to  the  postmasters  respectively,  a  commission  of 
fifty  per  cent,  on  the  monies  arising  from  the  postage  of  newspapers, 
magazines  and  pamphlets ;  and  to  the  postmasters,  whose  compensation 
shall  not  exceed  five  hundred  dollars  in  one  quarter,  two  cents  for  every 
free  letter  delivered  out  of  the  office,  excepting  such  as  are  for  the  post- 
master himself;  and  each  postmaster  who  shdl  be  required  to  keep  a 

Vol.  II.— 76  3  E 


Regulation! 
concerning 
newtpepen, 
Itc. 


CompenimtioB 
of  the  poetmM» 
ken. 

Limitation  of 
compensation. 


eos 


ELEVENTH  CONGRESS.    Sess.  II.  Ch.  37.    1810. 


PoftmMten 
to  Mttlo  their 
accoantfl,  and 
pay  over  to  the 
Poitmatter. 
General  the 
balance!  in 
their  handa 
every  three 
montha. 


register  of  the  arrival  and  departure  of  the  mails,  shall  be  allowed  ten 
cents  for  each  monthly  return  which  he  makes  thereof  to  the  general 
post-office. 

Sec.  29.  And  be  it  further  enacted.  That  if  any  postmaster  or  other 
person  authorized  to  receive  the  postage  of  letters  and  packets  shall 
neglect  or  refuse  to  render  his  accounts,  and  pay  over  to  the  Postmas> 
ter-General  the  balance  by  him  due  at  the  end  of  every  three  months,  it 
shall  be  the  duty  of  the  Postmaster-General  to  cause  a  suit  to  be  com- 
menced against  the  person  or  persons  so  neglecting  or  refusing ;  and  if 
the  Postmaster-General  shall  not  cause  such  suit  to  be  commenced  within 
six  months  from  the  end  of  every  such  three  months,  the  balances  due 
from  every  such  delinquent  shall  be  charged  to  and  recoverable  from  the 
Postmaster-General.  That  all  suits  which  shall  be  hereafter  commenced 
for  the  recovery  of  debts  or  balances  due  to  the  general  post-office, 
whether  they  appear  by  bond  or  obligations  made  in  the  name  of  the 
existing  or  any  preceding  Postmaster-General,  or  otherwise,  shall  be 
instituted  in  the  name  of  the  «  Postmaster-^eneral  of  the  United  States." 
That  certified  copies  under  the  seal  of  the  general  post-office,  of  the 
accounts  current  of  the  several  postmasters,  after  the  same  shall  have 
been  examined  and  adjusted  at  that  office,  shall  be  admitted  as  evidence 
in  all  suits  brought  by  the  Postmaster-General  for  the  recovery  of 
balances  or  debts  due  from  postmasters,  and  in  like  manner  copies  of 
such  accounts  current  as  are  lodged  in  the  office  of  the  register  of  the 
treasury,  certified  by  the  register  under  the  seal  of  his  office,  shall  be 
admitted  as  evidence.(a) 

Sec.  30.  And  be  it  farther  enac/ed,That  if  any  postmaster  or  other 
person  who  shall  receive  and  open,  or  despatch  mails,  shall  neglect  to 
render  accounts  thereof  for  one  month  after  the  time,  and  in  the  form 
and  manner  prescribed  by  law,  and  by  the  Postmaster-General's  instruc- 
tions conformable  therewith,  he  shall  forfeit  double  the  value  of  the 
postages  which  shall  have  arisen  at  the  same  office  in  any  equal  portion 
of  time  previous  or  subsequent  thereto;  or  in  case  no  account  shsdl  have 
been  rendered  at  the  time  of  trial  of  such  case,  then  such  sum  as  the 
court  and  jury  shall  estimate  equivalent  thereto,  to  be  recovered  by  the 
Postmaster-General  in  an  action  on  the  case. 

Sec.  31.  And  be  it  farther  enacted^  That  all  pecuniary  penalties  and 
forfeitures  incurred  under  this  act,  shall  be  one  half  for  the  use  of  the 
person  or  persons  informing  and  prosecuting  for  the  same,  and  the  other 
half  to  the  use  of  the  United  States. 

Sec.  32.  And  be  it  farther  enacted,  That  it  shall  be  lawful  for  the 

(a)  The  cirvnil  courts  of  the  Union  have  juriidiction  under  the  conatituUon  and  the  acta  of  April  30, 
1810,  and  of  March  3,  1816,  sec.  4,  of  suita  brought  in  the  name  of  "  the  Postmaater-General  of  the 
United  States,"  on  a  bond  given  to  the  Postmaster-Generalyby  a  deputy  postmaster,  conditioned  "to  pay 
all  monies  that  shall  come  to  his  hands  for  the  postages  of  whatever  is  by  law  chargeable  with  poatage, 
to  tho  Postmaster- General  of  the  United  States,"  for  the  time  being,  deducting  onW  the  commission  luid 
allowances  made  by  law,  for  hia  care,  trouble,  and  charges  in  managing  auch  office,  &c.  Postmaster- 
General  V,  Early,  12  Wheat.  136;  6  Cond.  Rep.  480. 

The  Postmaster-General  has  a  right  to  take  a  bond  from  postmasters,  to  htm,  aa  Postmaster-General, 
under  the  diflferent  acts  regulating  Uie  post-office  department,  and  particularly  under  the  act  of  April  30, 
1810,  aec.  29,  42.    Ibid. 

The  Postmaster-General  cannot  sue  in  the  federal  courts,  under  that  part  of  the  constitution  which 
gives  jurisdiction  to  those  courts  in  consequence  of  the  character  of  the  party,  nor  is  he  authorised  to 
aue  by  the  judiciary  act.  He  comes  into  the  courts  of  the  United  States,  under  the  authority  of  an  act 
of  Congress,  the  constitutionality  of  which  rests  on  the  admission  that  his  suit  is  a  case  arising  under  a 
law  of  the  United  States.  Osborne  et  al.  v.  The  Bank  of  the  United  SUtes,  9  Wheat.  738 ;  5  Cond.  Rep. 
741. 

The  claim  of  the  United  States  on  the  official  bond  of  a  postmaster,  and  upon  all  the  parties  thereto, 
is  not  released  by  the  laches  of  the  Postmaster-General,  to  whom  the  assertion  of  this  claim  ia  entrusted 
by  law.  Such  lachea  have  no  effect  whatsoever  on  the  claima  of  the  United  Sutes,  as  well  on  the 
sureties,  as  on  the  principal  in  the  bond.  Dox  et  al.  v.  The  Postmaster-General,  1  Peters,  323.  Poit- 
mastcr-General  «.  Reeder,  4  Wash.  C.  C.  R.  678. 


Penalties  upon 
the  postmasters 
for  not  making 
duly  their  re- 
tuma  to  the  ge- 
neral post- 
office. 


Act  of  March 
3, 1825,  ch.  103. 


Persons   to 
whom  pecunia- 
Tj  penalties  and 
forfeitures     are 
to  enure. 


The  provisions  of  the  act  of  March  3,  1825,  releasing  the  securities  of  a  deputy  postmaater,  where 
suit  ia  not  brought  within  two  years  after  a  default,  do  not  Apply  to  a  default  which  occurred  before  tb« 
passing  of  the  act.    Postmaster-General  v.  Rice,  Gilpin's  D.  C.  R.  462. 


ELEVENTH  CONGRESS.    Sess.  II.  Ch.  37.    1810. 


608 


Postmaster-General  to  make  provision,  where  it  may  be  necessary,  for 
the  receipt  of  all  letters  and  packets  intended  to  be  conveyed  by  any 
ship  or  vessel  beyond  sea,  or  from  any  port  in  the  United  States,  to 
another  port  therein ;  and  the  letters  so  received  shall  be  formed  into  a 
mail,  sealed  up  and  directed  to  the  postmaster  of  the  port  to  which  such 
ship  or  vessel  shall  be  bound.  And  for  every  letter  or  packet  so  received, 
there  shall  be  paid  at  the  time  of  its  reception,  a  postage  of  one  cent, 
which  shall  be  for  the  use  of  the  postmasters,  respectively  receiving  the 
same.  And  the  Postmaster-General  may  make  arrangements  with  the 
postmasters  in  any  foreign  country,  for  the  reciprocal  receipt  and  delivery 
of  letters  and  packets  through  the  post-offices. 

Sec.  33.  And  be  it  Jnrthcr  enacted,  That  the  postmasters  and  the 
persons  employed  in  the  transportation  of  the  mail  shall  be  exempt  from 
militia  duties,  and  serving  on  juries,  or  any  fine  or  penalty  for  neglect 
thereof. 

Sec.  34.  And  be  it  further  enacted.  That  letter  carriers  shall  be  em- 
ployed  at  such  post-offices  as  the  Postmaster-General  shall  direct,  for  the 
delivery  of  letters  in  the  places  respectively,  where  such  postK>ffices  are 
established ;  and  for  the  delivery  of  each  such  letter,  the  letter  carrier 
may  receive  of  the  person  to  whom  the  delivery  is  made,  two  cents: 
Provided,  that  no  letter  shall  be  delivered  to  such  letter  carrier  for  dis- 
tribution, addressed  to  any  person  who  shall  have  lodged  at  the  post- 
office  a  written  request  that  his  letters  shall  be  detained  in  the  office. 
And  for  every  letter  lodged  at  any  post-office,  not  to  be  carried  by  post, 
but  to  be  delivered  at  the  place  where  it  is  to  be  so  lodged,  the  postmaster 
shall  receive  one  cent  of  the  person  to  whom  it  shall  be  delivered. 

Sec.  35.  And  be  it  further  enacted.  That  all  causes  of  action  arising 
under  this  act  may  be  sued,  and  all  offenders  against  this  act  may  be 
prosecuted,  before  the  justices  of  the  peace,  magistrates  and  other  judi- 
cial courts  of  the  several  states,  and  of  the  several  territories  of  the 
United  States,  they  having  competent  jurisdiction  by  the  laws  of  such 
states  or  territories,  to  the  trial  of  claims  and  demands  of  as  great  value, 
and  of  the  prosecutions  where  the  punishments  are  of  as  great  extent; 
and  such  justices,  magistrates  or  judiciary,  shall  take  cognizance  thereof 
and  proceed  to  judgment  and  execution,  as  in  other  cases. 

Sec.  36.  And  be  it  further  enacted.  That  in  all  suits  or  causes  arising 
under  this  act,  the  court  shall  proceed  to  trial,  and  render  judgment  the 
first  term  after  such  suit  shall  be  commencc^d:  Provided  always,  that 
whenever  service  of  the  process  shall  not  have  been  made  twenty  days 
at  least  previous  to  the  return  day  of  such  term,  the  defendant  shall  be 
entitled  to  one  continuance,  if  the  court  on  the  statement  of  such 
defendant,  shall  judge  it  expedient:  Provided  also,  that  if  the  defendant 
in  such  suits  shall  make  affidavit  that  he  has  a  claim  against  the  general 
post-office,  not  allowed  by  the  Postmaster-General,  although  submitted 
to  him  conformably  to  the  regulations  of  the  post-office,  and  shall  specify 
such  claim  in  the  affidavit,  and  that  he  could  not  be  prepared  for  the 
trial  at  such  term  for  want  of  evidence,  the  court  in  such  case,  being 
satisfied  in  those  respects,  may  grant  a  continuance  until  the  next  suc- 
ceeding term. 

Sec  37.  And  be  it  further  enacted.  That  it  shall  be  the  duty  of  the 
Postmaster-General  to  report  annually  to  Congress,  every  post  road 
which  shall  not  after  the  second  year  from  its  establishment,  have  pro- 
duced one  third  of  the  expense  of  carrying  the  mail  on  the  same. 

Sec.  38.  And  be  it  further  enacted.  That  there  shall  be  allowed  to 
the  deputy  postmaster,  at  the  city  of  Washington,  for  his  extraordinary 
expenses,  incurred  in  the  discharge  of  the  duties  of  his  office,  an  addi- 
tional compensation,  at  the  rate  of  one  thousand  dollars  per  annum,  to 
be  paid  out  of  the  funds  of  the  post-office  establishment 

Sec.  39.  And  be  U  further  enacted.  That  the  adjutant-general  of  the 


Pottmaatar- 
GeneraJ    may 
provide  for  the 
tranimiaaioo  of 
lettera    beyood 


Letter  car- 
riera  maT  be 
employed  at 
placea  deaig. 
nated  by  t£<a 
PoaUnaater- 
General. 

Proviao. 


Before  what 
officera  oiTe&cea 
Qoder  thia  act 
may  be  proae- 
cuted  and  tried. 


In  snita  ander 
thia  act  the  conrt 
to    proceed    to 
judgment  at 
once. 

When  aeon* 
tinnance  ihall 
be  allowed. 

Continuance 
to  next  term  for 
want  of  evi- 
dence, on  affi. 
davit  of  the  de- 
fendant. 


Poatmaater- 
General  to  re- 
port aanudly 
to  Congreaa  the 
onproductive 
roada. 

Additional 
compenMtion 
to  M  paid  to 
deputy  poitmaa» 
ter  at  Waahingw 


eo6 


ELEVENTH  CiONGRESS.    Sns.  n.  Ch.  39.    1810. 


British  and 
French  armed 
Teosela  not  per- 
milted  to  enter 
the  waters  of  the 
U.  States,  ex. 
cept  in  certain 


Pacific  inter- 
coarse  with  in- 
terdicted for- 
eign vessels  for- 
bidden  under' 
penalties. 


The  whole  for- 
feiture to  accrue 
to  the  treasury 
if  the  prosecu- 
tion shall  be  by 
a  public  officer. 
Penalties  and 
forfeitures  un- 
der the  non* in- 
tercourse and 
embargo,  how 
to  be  recovered 
and  disposed  of. 
1809>  ch.  24. 


Certain  sec- 
tions of  the  act 
to  interdict  the 
commercial  in- 
tercourse, fcc. 
to  be  revived  as 
to  the  nation  re- 
fusing to  repeal 
or  modify  its  or- 
ders  in  council, 
Itc.  &c. 

1809,  ch.  34. 


manding  officer  shall  immediately  report  his  vessel  to  the  collector  of 
the  district,  stating  the  object  or  causes  of  his  entering  the  harbors  or 
waters  of  the  United  States ;  and  shall  take  such  position  therein  as 
shall  be  assigned  him  by  such  collector,  and  shall  conform  himself,  his 
vessel  and  crew,  to  such  regulations  respecting  health,  repairs,  supplies, 
stay,  intercourse  and  departure,  as  shall  be  signified  to  him  by  the  said 
collector,  under  the  authority  and  directions  of  the  President  of  the 
United  States,  and,  not  conforming  thereto,  shall  be  required  to  depart 
from  the  United  States. 

Sec.  2.  And  be  it  further  enacted^  That  all  pacific  intercourse  with 
any  interdicted  foreign  armed  vessels,  the  officers  or  crew  thereof,  is 
hereby  forbidden,  and  if  any  person  shall  affi>rd  any  aid  to  such  armed 
vessel  either  in  repairing  her,  or  in  furnishing  her,  her  officers  or  crew 
with  supplies  of  any  kind  or  in  any  manner  whatsoever,  or  if  any  pilot 
shall  assist  in  navigating  the  said  armed  vessel,  contrary  to  this  prohibi- 
tion, unless  for  the  purpose  of  carrying  her  beyond  the  limits  and  juris- 
diction of  the  United  States,  the  person  or  persons  so  offending,  shall 
be  liable  to  be  bound  to  their  good  behaviour,  and  shall  moreover  forfeit 
and  pay  a  sum  not  exceeding  two  thousand  dollars,  to  be  recovered  upon 
indictment  or  information,  in  any  court  of  competent  jurisdiction ;  one 
moiety  thereof  to  the  treasury  of  the  United  States,  and  the  other  moiety 
to  the  person  who  shall  give  information  and  prosecute  the  same  to 
effect :  Provided,  that  if  the  prosecution  shall  be  by  a  public  officer  the 
whole  forfeiture  shall  accrue  to  the  treasury  of  the  United  States. 

Sec.  3.  And  he  H  Jurther  enacted,  That  all  the  penalties  and  for- 
feitures which  may  have  been  incurred  under  the  act,  entituled  "An  act 
to  interdict  the  commercial  intercourse  between  the  United  States  and 
Great  Britain  and  France  and  their  dependencies,  and  for  other  pur- 
poses," and  also  all  the  penalties  and  forfeitures  which  may  have  been 
incurred  under  the  act  laying  an  embargo  on  all  ships  and  vessels  in  the 
ports  and  harbors  of  the  United  States,  or  under  any  of  the  several  acts 
supplementary  thereto,  or  to  enforce  the  same,  or  under  the  acts  to  in- 
terdict the  commercial  intercourse  between  the  United  States  and  Great 
Britain  and  France  and  their  dependencies,  and  for  other  purposes,  shall 
be  recovered  and  distributed,  and  may  be  remitted  in  the  manner  pro- 
vided by  the  said  acts  respectively,  and  in  like  maimer  as  if  the  said  acts 
had  continued  in  full  force  and  effect. 

Sec.  4.  And  he  it  further  enacted,  That  in  case  either  Great  Bri- 
tain or  France  shall,  before  the  third  day  of  March  next,  so  revoke  or 
modify  her  edicts  as  that  they  shall  cease  to  violate  the  neutral  coin- 
merce  of  the  United  States,  which  fact  the  President  of  the  United 
States  shall  declare  by  proclamation,  and  if  the  other  nation  shall  not 
within  three  months  thereafter  so  revoke  or  modify  her  edicts  in  like 
manner,  then  the  third,  fourth,  fifth,  sixth,  seventh,  eighth,  ninth,  tenth 
and  eighteenth  sections  of  the  act,  entituled  "An  act  to  interdict  the 
commercial  intercourse  between  the  United  States  and  Great  Britain 
and  France  and  their  dependencies,  and  for  other  purposes,"  shall,  from 
and  afler  the  expiration  of  three  months  from  the  date  of  the  proclama- 
tion aforesaid,  be  revived  and  have  full  force  and  effect,  so  far  as  relates 
to  the  dominions,  colonies  and  dependencies,  and  to  the  articles  the 
growth,  produce  or  manufacture  of  the  dominions,  colonies  and  depen- 
dencies of  the  nation  thus  refusing  or  neglecting  to  revoke  or  modify 
her  edicts  in  the  manner  aforesaid.  And  the  restrictions  imposed  by 
this  act  shall,  from  the  date  of  such  proclamation,  cease  and  be  discon- 
tinued in  relation  to  the  nation  revoking  or  modifying  her  decrees  in  the 
manner  aforesaid. 

Approved,  May  1, 1810. 


ELEVENTH  CONGRESS.    Sess.  II.  Ch.  40,  41, 43.     1610. 


607 


Cbap.  Xli.— ytffi  Act  eor^brming  the  dednom  cf  the  C&mmimonen  in  favour  tf 
the  ehimanU  if  land  in  the  dutritt  (f  KaekaMa. 

Be  it  enacted  by  the  Senate  and  House  of  Rmresentatives  of  the  United 
States  of  America  in  Congress  assembled,  lliat  all  the  decisions  made 
by  the  commissioners  appointed  for  the  purpose  of  examining  the  claims 
of  persons  claiming  lands  in  the  district  of  Kaskaskia,  in  favour  of  such 
claimants,  as  entered  in  the  transcript  of  decisions,  bearing  date  the 
thirty-first  day  of  December,  eighteen  hundred  and  nine,  which  have 
been  transmitted  by  the  said  commissioners  to  the  Secretary  of  the 
Treasury  according  to  law,  be,  and  the  same  are  hereby  confirmed. 

Approved,  May  1,  1810. 


Chap.  XLI. — jin  Jet  making  further  appropriationa  for  completing  the  Ckgtiiol^ 
and  for  other  purpo$e$. 

Be  it  enacted  b^f  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  in  addition  to  the  appro- 
priations heretofore  made,  the  following  sums  of  money  be,  and  the 
same  are  hereby  appropriated,  to  be  applied  under  the  direction  of  the 
President  of  the  United  States,  to  the  purposes  herein  afler  mentioned, 
that  is  to  say : 

For  sculpture,  and  warming  and  ventilating  the  chamber  of  the  House 
of  Representatives,  seven  thousand  five  hundred  dollars. 

For  defraying  the  expense  of  completing  the  court^room,  and  the 
offices  of  the  judiciary,  on  the  east  side,  completing  the  Senate  chamber 
and  stopping  the  leaks  in  the  roof  of  the  north  wing  of  the  Capitol, 
twenty  thousand  dollars. 

For  repairs  to  the  President's  house  and  offices,  five  thousand  dollars. 

Sec.  2.  And  be  it  further  enacted,  That  it  be  the  duty  of  the  super- 
intendent of  the  city  of  Washington,  prior  to  any  farther  advances  of 
money  being  made,  to  call  for  all  claims  now  due  on  account  of  mate- 
rials furnished  or  work  done  in  the  public  buildings,  in  order  that  the 
same  may  be  liquidated  and  paid. 

Sec.  3.  And  be  it  further  enacted,  That  the  several  sums  of  money 
hereby  appropriated,  shall  be  paid  out  of  any  money  in  the  treasury  not 
otherwise  appropriated. 

Approved,  May  1,  1810. 


Chap.   XLIII. — Jn  Jet  making  appropriatiom  for  carrying  into  ^eet  certain 
IncUan  treaiie$» 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  for  the  purpose  of  car- 
rying into  effect  a  treaty  between  the  United  States  and  the  Delaware, 
Potawatamies,  Miamies  and  Eel  river  tribes  of  Indians,  concluded  at 
Fort  Wayne,  on  the  thirtieth  day  of  September,  one  thousand  eight 
hundred  and  nine,  the  sum  of  one  thousand  seven  hundred  and  fifty  dol- 
lars is  hereby  appropriated,  to  be  paid  to  the  said  tribes  annually,  as 
follows : 

To  the  Delawares,  five  hundred  dollars. 

To  the  Miamies,  five  hundred  dollars. 

To  the  Eel  river  tribe,  two  hundred  and  fifly  dollars. 

To  the  Potawatamies,  five  hundred  dollars. 

Which  several  annuities  shall  be  permanent. 

Sec.  2.  And  be  it  further  enacted.  That  for  carrying  into  effect  a 
separate  article  entered  into  between  the  United  States  and  the  Miamies 
and  Eel  river  tribes  of  Indians,  at  Fort  Wayne,  on  the  thirtieth  of  Sep- 


Statutx  II. 
May  1,  1810. 

Act  or  March 
3,  1807,  ch.  47, 
■ec.  6. 

Decirioni  of 
the  commiMioit- 
en  confirmed. 


STATinnll. 

Miy  1, 1810. 
[PbM>lete.] 


Specific  ap. 
propriationi. 


Statute  II. 


May  1,  1810. 
fObfolete.l 


Specific  ap- 
propriationt. 


608 


ELEVENTH  CONGRESS.    Sns.  U.  Ch.  44.    1810. 


Specific  tp- 
propriationt. 


tember,  one  thousand  eight  hundred  and  nine,  the  sum  of  five  hundred 
dollars  annually  is  hereby  appropriated,  for  the  term  of  three  years,  and 
no  longer.  And  a  further  annuity  of  two  hundred  dollars  to  the  Miamies 
tribe  of  Indians ;  and  to  the  Wea  and  Eel  river  tribes  a  further  annuity 
of  one  hundred  dollars  each,  which  shall  be  permanent. 

Sec.  3.  And  be  ii  further  enacted,  That  for  carrying  into  effect  a 
treaty  concluded  at  Fort  Wayne,  on  the  twenty-sixth  day  of  October, 
one  thousand  eijght  hundred  and  nine,  between  the  United  States  and 
the  Wea  tribe  of  Indians,  the  sum  of  one  thousand  five  hundred  dollars  is 
hereby  appropriated,  and  a  further  sum  of  three  hundred  dollars,  annu- 
ally, which  annuity  shall  be  permanent. 

Sec.  4.  And  be  it  further  enacted.  That  for  carrying  into  effect  a 
treaty  concluded  at  Vincennes,  on  the  ninth  day  of  December,  one  thou- 
sand eight  hundred  and  nine,  between  the  United  States  and  the  Kick-^ 
apoo  tribe  of  Indians,  the  sum  of  five  hundred  dollars  is  hereby  appro- 
priated, to  be  paid  annually  to  the  said  tribe,  which  annuity  shdl  be 
permanent 

Sec.  5.  And  be  it  further  enacted.  That  the  several  sums  qipro- 
priated  by  this  act,  shall  be  paid  out  of  any  money  in  the  treasury,  not 
otherwise  appropriated. 

Approved,  May  1,  1810. 


Statutx  n. 


Maj  1, 1810.     Chap. 


LimiUtion  of 
■alary  to  minis, 
ten  plenipoten- 
tiary, &c.  &c. 

To  a  chaige 
del  affaires. 


XLiy.-^fB  Ad  fixing  the 
iub  rending  on  the  coatl  (f 


(f  puhKt  Ministers,  and  tf  Can' 
and  for  other  purposes. 


Seeretaiy 
legation. 


of 


Oatfit  to  min- 
ister  plenipo- 
tentiaiy    or 
chaii^e  dee  af- 
faires. 


Charge  des 
affaires,  secre- 
taries of  lega- 
tions, &c.  &c. 
to  be  appointed 
by  the  Presi- 
dent, with  the 
concarrence  of 
the  Senate. 


Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  Vmied 
States  of  America  in  Congress  assembled.  That  the  President  of  the 
United  States  shall  not  allow  to  any  minister  plenipotentiary  a  greater 
sum  than  at  the  rate  of  nine  thousand  dollars  per  annum,  as  a  compen- 
sation for  all  his  personal  services  and  expenses;  nor  to  any  charge  des 
affaires,  a  greater  sum  than  at  the  rate  of  four  thousand  five  hundred 
dollars  per  annum,  as  a  compensation  for  all  his  personal  services  and 
expenses ;  nor  to  the  secretary  of  any  legation  or  embassy  to  any  foreign 
country,  or  secretary  of  any  minister  plenipotentiary,  a  greater  sum  than 
at  the  rate  of  two  thousand  dollars  per  annum,  as  a  compensation  for  all 
his  personal  services  and  expenses ;  nor  to  any  consul  who  shall  be  ap- 
pointed to  reside  at  Algiers,  a  greater  sum  than  at  the  rate  of  four  thou- 
sand dollars  per  annum,  as  a  compensation  for  all  his  personal  services 
and  expenses ;  nor  to  any  other  consul  who  shall  be  appointed  to  reside 
at  any  other  of  the  states  on  the  coast  of  Barbary,  a  greater  sum  than 
at  the  rate  of  two  thousand  dollars  per  annum,  as  a  compensation  for 
all  his  personal  services  and  expenses;  nor  shall  there  be  appointed 
more  than  one  consul  for  any  one  of  the  said  states :  Promdea,  it  shall 
be  lawful  for  the  President  of  the  United  States  to  allow  to  a  minister 
plenipotentiary  or  charge  des  affaires,  on  going  from  the  United  States 
to  any  foreign  country,  an  outfit,  which  shall  in  no  case  exceed  one 
year's  full  sdary  of  such  minister  or  charge  des  affaires ;  but  no  consul 
shall  be  allowed  an  outfit  in  any  case  whatever,  any  usage  or  custom  to 
the  contrary  notwithstanding. 

Sec.  2.  And  be  it  Jurtho'  enacted.  That  to  entitle  any  charge  des 
affaires,  or  secretary  of  any  legation  or  embassy  to  any  foreign  country, 
or  secretary  of  any  minister  plenipotentiary,  to  the  compensation  herein 
before  provided,  they  shall  respectively  be  appointed  by  the  President  of 
the  United  States,  by  and  with  the  advice  and  consent  of  the  Senate ; 
but  in  the  recess  of  the  Senate,  the  President  is  hereby  authorized  to 
make  such  appointments,  which  shall  be  submitted  to  the  Senate  at  the 
next  session  thereafter,  for  their  advice  and  consent ;  and  no  compensa- 
tion shall  be  allowed  to  any  charge  des  affaires,  or  any  of  the  secretaries 


ELEVENTH  CONGRESS.    Ssm.  U.  Cb.  4A.    1810. 


009 


hereiB  before  described,  who  shall  not  be  appointed  as  aforesaid :  Prih 
9u/ed^  that  nothing  herein  contained  shall  be  construed  to  authorize  any 
appoiiliment  of  a  secretary  to  any  charge  des  affiiires,  or  to  any  consul 
residing  on  the  Barbary  coast,  or  to  sanction  any  claim  against  the 
United  States  for  expense  incident  to  the  same,  any  usage  or  custom  to 
the  contrary  notwithstanding. 

Sec.  3.  And  be  it  Jwriher  enacied.  That  where  any  sum  or  sums  of 
money  shall  be  drawn  from  the  treasury,  under  any  law  making  appro* 
priation  for  the  contingent  expenses  of  intercourse  between  the  United 
States  and  foreign  nations,  the  President  shall  be,  and  he  hereby  is  au- 
thorized to  cause  the  same  to  be  duly  settled  annually,  with  the  account- 
ing officers  of  the  treasury,  in  the  manner  following,  that  is  to  say :  By 
causing  the  same  to  be  accounted  for  specially,  in  all  instances  wherein 
the  expenditure  thereof  may  in  his  judgment  be  made  public,  and  by 
making  a  certificate  of  the  amount  of  such  expenditures  as  he  may  think 
it  advisable  not  to  specify,  and  every  such  certificate  shall  be  deemed  a 
sufficient  voucher  for  the  sum  or  sums  therein  expressed  to  have  been 
expended. 

Sec.  4.  And  he  ii  Jwriher  enacted,  That  it  shall  not  l>e  lawful  for 
the  consols  of  the  United  States,  residing  on  the  Barbary  coast,  or  either 
of  them,  to  expend  or  to  disburse  or  pay,  or  cause  to  be  paid  for  any 
purpose  or  on  any  pretence  whatever,  not  authorized  by  law,  to  any  one 
of  the  Barbary  powers,  or  to  the  officers  or  subjects  thereof,  a  greater 
sum  than  three  thousand  dollars  in  any  one  year,  with  intent  to  charge 
the  United  States  with  the  same,  without  first  obtaining  a  special  appro- 
bation in  writing,  from  the  President  of  the  United  States,  for  that  pur- 
pose. And  every  such  consul  who  shall,  after  notice  of  this  act,  expend 
or  disburse,  or  pay,  or  cause  to  be  paid  for  any  purpose,  or  on  any  pre- 
tence whatever,  not  authorized  by  law,  to  any  one  of  the  Barbary  powers, 
or  to  the  officers  or  subjects  thereof,  a  greater  sum  than  three  thousand 
dollars  in  any  one  year,  or  shall  be  aiding  or  assisting  therein,  without 
first  obtaining  the  approbation  of  the  President  as  aforesaid,  shall  forfeit 
and  pay  to  the  treasury  of  the  United  States  a  sum  equal  to  one  half  his 
yeariy  compensation :  and  shall  moreover  stand  charged  with,  and  be 
accountable  for  all  monies  so  disbursed  or  paid,  contrary  to  the  provi- 
sions of  this  act 

Sec.  5.  And  be  U  fitrther  enacted.  That  from  and  afler  the  first  day 
of  November  next,  no  consul  of  the  United  States,  residing  on  the  Bar- 
baiy  coast,  shall  own  in  whole  or  in  part  any  ship  or  vessel,  to  be  con- 
cerned directly  or  indirectly  in  the  exportation  from,  or  importation  to 
any  of  the  states  on  the  coast  of  Barbary,  of  any  goods,  wares  or  mer- 
chandise, on  penalty  that  every  consul  so  offisnding,  and  being  thereof 
convicted,  shall  for  every  offence  forfeit  a  sum  not  exceeding  one  thou- 
sand dollars. 

Sec.  6.  And  be  it  further  enacted.  That  it  shall  be  the  duty  qf  the 
consuls  residing  on  the  Barbary  coast  to  transmit  to  the  Secretary  of 
the  Treasury  annually,  an  account  of  all  monies  received,  and  of  all 
disbursements  or  expenditures  made  by  them  respectively,  for  or  on 
account  of  the  United  States,  and  the  particular  purpose  to  which  the 
monies  have  been  applied,  and  the  vouchers  to  support  the  same :  and 
the  Secretary  of  the  Treasury  shall  transmit  to  Congress,  within  two 
months  after  the  commencement  of  the  first  session  thereof  in  every 
year,  a  statement  of  all  the  monies  disbursed  from  the  treasury  of  the 
United  States,  for  expenses  of  intercourse  with  the  Barbary  powers 
during  the  preceding  year,  therein  noting,  as  far  as  can  be  ascertained 
at  the  treasury,  the  sums  received  by  the  respective  agents  or  consuls, 
and  the  purposes  to  which  the  same  have  been  applied. 

Sec.  7.  And  be  it  fiirther  enacted.  That  the  act,  entituled  <'An  act 
in  addition  to  the  law  of  the  United  States  concerning  consuls  and  vice 

Vol.  II.— 77 


No  Meretuy 
lobe  mppointed 
to  m  chiTge  dei 
ifikirM  or  eoB- 
■nl  rondent  on 
the  eoMt  of 
Bariwry. 

Annaal  settle* 
rnentt  to  be 
made  of  moniee 
dnwn  from  the 
treaiary  for  fo* 
reigft  inter- 
eoane. 

ThePreeideiit 
to  giye  a  certifi* 
cate  of  the  a* 
mount  of  ex. 
penditnrei  from 
the  contingent 
fund. 

Limitationi  of 
■umttobe  paid 
to  the  autea  of 
Barliarj. 


Forfeiture!  by 
coniuli  for  ex- 
penditures with- 
out authority. 


No  consul  of 
theU.Sutesre- 
siding  in  the 
Barbary  statea, 
to  own,in  whole 
or  in  part,  a  Tea- 
sel, or  be  con- 
cerned in  trade. 


Consuls  on  the 
Barbary  coast  to 
make  annual  re- 
porta  to  Con- 
mss  of  dis- 
bursements and 
expenditures 
made  on  ae- 
count  of  the  U. 
States. 

Secretary  of 
the  Treasury  to 
transmit  them  to 
Congress. 


Act  of  July  6, 
1797,  eh.  It. 


610 


ELEVENTH  CONGRESS.    Sub.  U.  Ch.  45.    1810. 


Aet  of  May 

10, 1800,  eh.  66. 
RepMled. 


Statute  II. 
May  1,  1810. 

[Obsolete.] 

Loan  antbor- 
ixed. 


Stock  made 
trantferable. 

Baak  of  the  U. 
Statei  author, 
iied  to  lend  the 
money. 


1790,  ch.  34. 


Secretary  of 
the  Treasury, 
with  the  appro- 
bation   of    the 
President,    au- 
thorised to  ^ve 
preference  m 
subscriptions  to 
the  loan,  to  the 
holders  of  ez- 
changed  six  per 
cent,  stock. 


ProTiso. 


Funds  pledged 
for  the  payment 
of  principal  and 
mterest. 


consuls,"  approved  July  sixth,  one  thousand  seven  hundred  and  ninety- 
seven,  and  the  act,  entituled  "An  act  to  ascertain  the  compensation  of 
public  ministers,"  approved  May  the  tenth,  one  thousand  eight  hundred, 
be,  and  the  same  are  hereby  repealed. 
Approved,  May  1,  181 0. 


Chap.   XLV. — Jn  Ad  authorizing  a  loan  if 
the  amount  tf  the  principal  cf  the  public  ddftf  reii 
Ihoutand  eight  hundred  and  ten* 


W  a  $um  not  txeuding 
'^le  during  the  year  one 


Be  it  enacted  by  the  Senate  and  House  of  Repre$entativt$  of  the  United 
States  of  America  in  Congress  assembled,  That  the  President  of  the 
United  States  be,  and  he  is  hereby  empowered  to  borrow,  on  the  credit 
of  the  United  States,  a  sum  not  exceeding  the  amount  of  the  principal 
of  the  public  debt,  which  will  be  reimbursed,  according  to  law,  during 
the  present  year,  by  the  commissioners  of  the  sinking  fund,  at  a  rate  of 
interest,  payable  quarter  yearly,  not  exceeding  six  per  centum  per  annum, 
and  reimbursable  at  the  pleasure  of  the  United  States,  or  at  such  period 
as  may  be  stipulated  by  contract,  not  exceeding  six  years  from  ^he  -first 
day  of  January  next ;  to  be  applied,  in  addition  to  the  monies  now  in 
the  treasury,  or  which  may  be  received  therein  from  other  sources  dur- 
ing the  present  year,  to  defray  any  of  the  public  expenses  which  are,  or 
may  be  authorized  by  law.  The  stock  thereby  created,  shall  be  trans- 
ferable in  the  same  manner  as  is  provided  by  law  for  the  transfer  of  the 
funded  debt.  It  shall  be  lawful  for  the  Bank  of  the  United  States  to 
lend  the  said  sum,  or  any  part  thereof;  and  it  is  further  hereby  declared, 
that  it  shall  be  deemed  a  good  execution  of  the  said  power  to  borrow, 
for  the  Secretary  of  the  Treasury,  with  the  approbation  of  thfe  President 
of  the  United  States,  to  cause  to  be  constituted  certificates  of  stock, 
signed  by  the  register  of  the  treasury,  or  by  a  commissioner  of  loans^  for 
the  sum  to  be  borrowed,  or  for  any  part  thereof,  bearing  an  interest  of 
six  per  cent,  per  annum,  transferable  and  reimbursaUe  as  aforesaid; 
and  to  cause  the  said  certificates  of  stock  to  be  sold :  Provided,  that  no 
such  stock  be  sold  under  par. 

Sec.  2.  And  be  it  further  enacted,  That  the  Secretary  of  the  Trea- 
sury  be,  and  he  is  hereby  authorized,  with  the  approbation  of  the  Presi- 
dent of  the  United  States,  to  give  the  preference,  in  the  subscriptions 
which  may  be  made  to  the  loan  authorized  by  this  act,  to  the  holders  of 
the  exchanged  six  per  cent,  stock,  created  by  virtue  of  the  second  sec- 
tion of  the  act  passed  on  the  eleventh  day  of  February,  one  thousand 
eight  hundred  and  seven,  for  an  amount  not  exceeding,  for  each  such 
stockholder,  the  amount  of  the  said  exchanged  six  per  cent,  stock  held 
by  him  at  the  time  of  subscribing  as  aforesaid :  Provided,  that  the  hold- 
ers of  the  said  stock,  who  may  be  desirous  to  subscribe  to  the  said  loan, 
shall  notify  the  same  in  the  manner  and  within  the  time  to  he  designated 
by  public  notice,  for  that  purpose,  by  the  Secretary  of  the*  Treasury, 
with  the  approbation  of  the  President  of  the  United  States :  And  pro- 
vided also,  that  the  sum  which  may  be  thus  borrowed  from  the  holders 
of  the  said  exchanged  six  per  cent,  stock  shall  be  reimbursable  at  the 
pleasure  of  the  United  States. 

Sec.  3.  And  be  it  further  enacted.  That  so  much  of  the  funds  con- 
stituting the  annual  appropriation  of  eight  millions  of  dollars  for  the 
payment  of  the  principal  and  interest  of  the  public  debt  of  the  United 
States,  as  may  be  wanted  for  that  purpose,  is  hereby  pledged  and  appro* 
priated  for  the  payment  of  the  interest  and  for  the  reimbursement  of  the 
principal  of  the  stock,  which  may  be  created  by  virtue  of  this  act  It 
shall  accordingly  be  the  duty  of  the  commissioners  of  the  sinking  fund, 
to  cause  to  be  applied  and  paid  out  of  the  said  fund  yearly,  and  every 
year,  such  sum  and  sums  as  may  be  annually  wanted  to  discharge  the 


ELEVENTH  CONGRESS.    Suss.  U.  Ch.  47.     1810. 


611 


interest  accraing  on  the  said  stock,  and  to  reimburse  the  principal,  as 
the  same  shall  become  due,  and  may  be  discharged  in  conformity  with 
the  terms  of  the  loan ;  and  they  are  further  authorized  to  apply,  from 
time  to  time,  such  sum  or  sums  out  of  the  said  fund  as  they  may  think 
proper,  towards  redeeming  by  purchase,  and  at  a  price  not  above  par, 
the  principal  of  the  said  stock  or  any  part  thereof.  And  the  faith  of 
the  United  States  is  hereby  pledged  to  establish  sufficient  revenues  for 
making  up  any  deficiency  that  may  hereafter  take  place  in  the  funds 
hereby  appropriated  for  paying  the  said  interest  and  principal  sums^  or 
any  of  them,  in  manner  aforesaid. 
Approvkd,  May  1,  1810. 


Statute  IT. 


Chap.  X  LVII.— wtfn  Jet  to  erect  a  Ughthotue  at  the  entrance  cf  Seiiuate  harbor,  a 
$tone  column  on  a  tpit  fftand  at  the  entrance  into  Botton  harbor ,  and  a  beacon 
4fn  Beach  Point  near  Plymouth  harbor  in  the  etate  of  Mauaehuaetts ;  a  Ught  at 
the  entrance  tf  Bayou  St,  John  into  Lake  Ponchartrain,  and  two  Hghte  on  Lake 
Erie^  and  for  beaeone  and  buoy  a  near  the  entrance  cf  Beverly  harSor, 

Be  it  enacted  by  the  Senate  and  House  of  Rfpresentative$  of  the  United 
States  of  America  in  Congress  assembled^  That  on  the  cession  of  the 
jurisdiction  of  so  much  land  on  one  of  the  points  forming  the  entrance 
of  Scituate  harbor,  in  the  state  of  Massachusetts,  as  the  President  of  the 
United  States  shall  deem  sufficient  and  most  proper  for  a  lighthouse,  it 
shall  be  the  duty  of  the  Secretary  of  the  Treasury  to  provide  by  contract 
for  building  of  a  lighthouse  of  stone  thereon,  and  placing  it  on  the  like 
establishment  with  other  lighthouses.  The  number  and  disposition  of 
the  lights  shall  be  such  as  may  distinguish  it  from  those  of  others. 

Sec.  2.  And  be  it  further  enacted,  That  it  shall  be  the  duty  of  the 
Secretary  o£  the  Treasury,  to  cause  to  be  erected  a  column  of  stone,  as 
a  beacon  on  a  spit  of  sand,  extending  from  Lighthouse,  or  from  the 
Great  Brewster  Island  at  the  entrance  of  the  harbor  of  Boston,  in  the 
state  of  Massachusetts,  of  such  form  and  dimensions  as  he  shall  deem 
necessary.  And  also  to  cause  good  and  sufficient  buoys  and  beacons 
to  be  placed  for  the  safety  of  navigation,  at  or  near  the  entrance  of  the 
harbor  of  Beverly,  in  Massachusetts. 

Sec.  3.  And  be  it  further  enacted.  That  one  of  the  two  beacons 
directed  to  be  erected  on  the  Stony  Muscle  Bed,  near  Plymouth  harbor, 
in  the  state  of  Massachusetts,  by  an  act  which  passed  the  seventeenth 
of  March,  eighteen  hundred  and  eight,  be,  and  the  same  is  hereby 
directed  to  be  erected  on  Beach  point,  near  the  said  harbor  of  Plymouth. 

Sec.  4.  And  be  it  further  enacted.  That  the  Secretary  of  the  Trea- 
sury be,  and  he  is  hereby  authorized  to  cause  to  be  erected  and  estab- 
lished, under  proper  regulations,  such  a  light  as  he  shall  deem  proper 
and  necessary,  at  or  near  the  entrance  of  Bayou  St.  John  into  Lake 
Ponchartrain,  in  the  territory  of  Orleans ;  and  such  lights  as  he  shall 
deem  proper  on  or  near  Bird  Island,  and  on  or  nearPresq'  isle  in  Lake 
Erie. 

Seo.  5.  And  be  it  further  enacted,  That  there  be  appropriated  out  of 
any  monies  in  the  treasury  of  the  United  States,  not  otherwise  appro- 
priated, the  following  sums  of  money  to  accomplish  the  purposes  of  this 
act,  to  wit : 

For  the  erection  of  a  lighthouse,  at  the  entrance  of  Scituate  harbor, 
four  thousand  dollars. 

For  the  erection  of  a  stone  column  on  a  spit  of  sand,  extending  from 
Lighthouse  island  at  the  entrance  of  Boston  harbor,  three  thousand  five 
hundred  dollars. 

And  for  the  erection  and  establishment  of  a  light  at  the  entrance  of 
Bayou  St  John  into  Lake  Ponchartrain,  two  thousand  dollars. 


May  1,  1810. 


Lighthoofa  to 
be  built  on  tho 
point  fbnning 
the  entnnco  of 
Scitaato  baxbor. 


Beacon  to  be 
erected  on  a  spit 
of  sand  extend, 
ing  from  light- 
honte. 


Beaeona  near 
the  entrance  of 
the  harbor  of 
Beverly. 


Light  to  be 
placed  near  the 
entrance  of  Ba- 
▼on  St.  John  and 
Bird  laland. 


Specifte  ap. 
piopriatioBS. 


613 


ELEVENTH  CONGRESS.    Sess.  II.  Ch.  60.    Resolution.    1810. 


And  for  the  erection  and  establuhmeni  of  two  lights  on  Lake  Erie, 
one  thousand  six  hundred  dollars. 

And  for  beacons  and  buoys  near  the  entrance  of  Bererly  harbor,  the 
sum  of  fifteen  hundred  dollars. 

Appboted,  May  1,  1810. 


StatdtiII. 


Hay  ly  1810.     Cbaf.    L.--^n  Act  in  addition  to  an  aU^  entituhd  **Jn  att  eonuming  tkn 
Library  for  the  use  of  both  ffouaa  cf  Omgna$.^ 

Agent  of  the       Be  it  enacted  by  the  Senate  and  House  of  RepreaaUaiine*  of  tike  United 

Joint  and  libnry   States  of  America  m  Coneress  assembled^  That  the  president  of  the 

hATetb^ttve  of    Senate  and  speaker  of  the  House  of  Representatives,  for  the  time  being, 

the  libraiy.         be,  and  they  are  hereby  authorized  to  grant  the  use  of  the  books  in  the 

library  of  Congress,  to  the  a^ent  of  the  joint  committee  of  Crongress 

appointed  in  relation  to  the  library,  on  the  same  terms,  conditions  and 

restrictions  as  members  of  Congress  are  allowed  to  use  said  books,  any 

thing  contained  in  any  former  law  to  the  contrary  notwithstanding. 

Approved,  May  1,  1810. 


Jan.  12,  1810. 

ReaolatioB  in 
relatioB  to  the 
eonduct  ofF.  J. 
Jackion,  minii. 
ter  plenipoten- 
tiary from  Great 
Britain. 


RESOLUTIONS. 

I.  Resolved  by  the  Senate  and  House  of  Representatioes  of  the  United 
States  of  America  m  Congress  assembled^  That  the  expressions  contained 
in  the  official  letter  of  Francis  J.  Jackson,  minister  plenipotentiary  of 
his  Britannic  majesty  near  the  United  States,  dated  the  2dd  day  of  Octo- 
ber, 1809,  and  addressed  to  Mr.  Smith,  Secretary  of  State,  conveying 
the  idea  that  the  executive  government  of  the  United  States  had  a  know- 
ledge, that  the  arrangement  lately  made  by  Mr.  Erskine,  his  predecessor, 
in  behalf  of  his  government,  with  the  government  of  the  United  States, 
was  entered  into  without  competent  powers  on  the  part  of  Mr.  Erskine 
for  that  purpose,  were  highly  indecorous  and  insolent :  That  the  repo- 
tition  of  the  same  intimation  in  his  official  letter  dated  the  4th  of  No- 
vember, 1809,  afler  he  was  apprised  by  the  asseveration  of  the  Secretary 
of  State,  that  the  executive  government  had  no  such  knowledge,  and 
that  if  it  had  possessed  such  knowledge,  such  arrangement  would  not 
have  been  entered  into  on  the  part  of  the  United  States;  and  after  also 
being  officially  apprised,  that  such  intimation  was  inadmissible,  was  stiU 
more  insolent  and  affronting ;  and  that  in  revising  to  receive  any  further 
communications  from  him,  in  consequence  ofthese  outrageous  and  pre- 
meditated insults,  the  executive  government  has  manifested  a  just  regard 
to  its  own  dignity  and  honour,  as  well  as  to  the  character  and  interest  of 
the  American  people :  That  the  letter,  signed  Francis  J.  Jackson,  headed 
"  Circular,"  dated  13th  November,  1809,  and  published  and  circulated 
through  the  country,  is  a  still  more  direct  and  aggravated  insult  and 
affront  to  the  American  people  and  their  government,  as  it  is  evidently 
an  insidious  attempt  to  excite  their  resentments  and  distrusts  against 
their  own  government,  by  appealing  to  them,  through  false  or  fallacious 
disguises,  against  some  of  its  acts;  and  to  excite  resentments  and  divi- 
sions amongst  the  people,  themselves,  which  can  onl^  be  dishonourable 
to  their  own  characters  and  ruinous  to  their  own  interests :  And  the 
Congress  of  the  United  States  do  herebv  solemnly  pledge  themselves  to 
the  American  people,  and  to  the  world,  to  stand  by  and  support  the 
executive  government  in  its  refusal  to  receive  any  further  communicap 
tions  from  the  said  Francis  J.  Jackson,  and  to  call  into  action  the  whole 
force  of  the  nation,  if  it  should  become  necessary,  in  consequence  of  the 
conduct  of  the  executive  government  in  this  respect,  to  repel  such 
insults,  and  to  assert  and  maintain  the  rights,  Uie  honour  and  the  interests 
of  the  United  States. 

Approved,  January  12,  1810. 


ELEVENTH  OONORESS.    Sbss.  II.  RiBOLimoit.    1810. 


618 


n.  RssoLunoir  proponng  an  amendment  to  tke  Qmditutum  ef  the  United  Statee. 

RnoLYBD  by^  the  Senate  and  House  of  Rtpresentaiwes  of  the  United 
States  of  Asneriea  in  Congress  assembled,  two  thirds  of  both  houses  con* 
earring,  That  the  foUowins  section  be  sabmitted  to  the  legislatures  of 
the  several  states,  which,  when  ratified  by  the  legislatures  of  three  fourths 
of  the  states,  shall  be  vdid  and  binding,  as  a  part  of  the  constitution  of 
the  United  States. 

If  any  citizen  of  the  United  States  shall  accept,  claim,  receive  or  retain 
any  title  of  nobility  or  honour,  or  shall,  without  the  consent  of  Congress, 
accept  and  retain  any  present,  pension,  office  or  emolument  of  any  kind 
whatever,  firom  any  emperor,  king,  prince  or  foreign  power,  such  person 
shall  cease  to  be  a  citizen  of  the  United  Sutes,  and  shall  be  incapable 
of  holding  any  office  of  trust  or  profit  under  them,  or  either  of  them. 


lent  to 
the  comtitatton 
ofthaU.SUtei. 
Anycitiienof 
the  U.  8.  who 
■hall  receWe  or 
retain  anj  title 
or  emoloment 
from  aoy  foreign 
prince  ahall 
ceaae  to  be  a 
citisen  of  the 
U.  8.  and  be  in- 
capable  of  hold* 
ing  any  offlce. 


8F 


616 


ELEVENTH  CONGRESS.    Sub.  m.  Ch.  U.    1811. 


flpeeiiio    q>- 
propriationa. 


Statutb  in. 

Feb.  7, 1811. 
[Obioleta.] 


SpeeUle  ap- 
propriatioofl. 


of  the  military  eBtabliahment  of  the  United  States  for  the  year  one  thou- 
sand eight  hundred  and  eleven,  for  the  Indian  department,  and  for  the 
expense  of  fortifications,  magazines,  arsenals  and  armories,  the  following 
sams  be,  and  the  same  hereby  are  respectively  appropriated,  that  is  to  say : 

For  the  pay  of  the  army  of  the  United  States,  eight  hundred  and 
sixty-nine  thousand  nine  hundred  and  sixty-eight  dollars. 

For  forage,  thirteen  thousand  seven  hundred  and  fifty-six  dollars. 

For  subsistence,  six  hundred  and  eighty-five  thousand  five  huddred 
and  thirty-two  dollars  and  five  cents. 

For  clothing,  two  hundred  and  ninety-three  thousand  eight  hundred 
and  four  dollars. 

For  bounties  and  premiums,  thirty  thousand  dollars. 

For  the  medical  and  hospital  department,  fifty  thousand  dollars. 

For  camp  equipage,  fuel,  tools  and  transportation,  two  hundred  and 
seventy  thousand  dollars. 

For  ordnance,  one  hundred  thousand  ddlars. 

For  fortifications,  arsenals,  magazines  and  armories,  including  two 
thousand  dollars  for  such  a  number  of  additional  military  storekeepers 
as  may  be  required,  two  hundred  and  seventy-six  thousand  forty-nine 
dollars  and  seventy-six  cents. 

For  purchasing  maps,  plans,  books  and  instruments,  two  thousand 
five  hundred  dollars. 

For  contingencies,  fifty  thousand  dollars. 

For  the  salary  of  clerks  employed  in  the  military  agents'  offices,  and 
in  the  office  of  the  inspector  of  the  army,  three  thousand  five  hundred 
dollars. 

For  the  Indian  department,  one  hundred  and  forty-six  thousand  five 
hundred  dollars. 

Sec.  2.  And  be  U  further  enacted,  That  the  several  sums  specifically 
appropriated  by  this  act,  shall  be  paid  out  of  any  monies  in  the  treasury 
not  otherwise  appropriated. 

Approved,  February  6,  1811. 


Chap.  XI.— wfn  Jet  making  appropriatiom  for  the  wpport  if  the  Norn/  tf  the 
United  Statee  for  the  year  one  thoueand  eight  hundred  and  eleven. 

Be  it  enacted  by  the  Senate  and  House  of  Represmtatives  of  the  United 
States  of  America  in  Congress  assembled.  That  for  defraying  the  expenses 
of  the  navy  of  the  United  States  for  the  year  one  thousand  eight  hundred 
and  eleven,  the  following  sums  be,  and  Uie  same  are  hereby  respectively 
appropriated,  that  is  to  say : 

For  the  pay  and  subsistence  of  the  officers,  and  pay  of  the  seamen, 
seven  hundred  and  seventy-four  thousand  three  hundred  and  ninety 
dollars. 

For  provisions,  three  hundred  and  eighty-five  thousand,  three  hundred 
and  thirty  dollars. 

For  medicines,  instruments  and  hospital  stores,  thirty  thousand  dol- 
lars. 

For  repairs  of  vessels,  two  hundred  and  fifty  thousand  dollars. 

For  fi'eight,  store  rent,  and  all  other  contingencies,  one  hundred  thou- 
sand dollars. 

For  pay  and  subsistence  of  the  marine  corps,  including  provisions 
for  those  on  shore  and  forage  for  the  staff*,  one  hundred  and  thirty-eight 
thousand  two  hundred  and  fifty-six  dollars  and  ninety  cents. 

For  clothing  for  the  same,  thirty-seven  thousand  nine  hundred  ddlars 
and  ninety  cents. 

For  military  stores  for  the  same,  one  thousand  three  hundred  and 
ninety-six  dollars  and  twenty-five  cents. 


ELEVENTH  CONGRESS.    Ssaik  m.  Cs.  1%  14.    1811. 


M7 


For  medicioesy  medical  tenrioes,  hospital  atores,  and  all  other  ex^      Speciflo    ap. 
penaes  od  account  of  the  sick  belonging  to  the  marine  corpa,  three  thou-  ?">Fnaiioai. 
sand  dollars. 

For  qaarterraaslers  and  barrack-masters'  stores,  officers'  travelling  ex* 
penses,  armorers  and  carpenters'  biUs,  fuel,  premiums  for  enlisting  men, 
musical  instruments,  bounty  to  rausic^  and  other  contingent  expenses  of 
the  marine  corps,  fifteen  thousand  dollars. 

For  the  expenses  of  navy-yards,  comprising  docks  and  other  improTO- 
ments,  pay  of  superintendents,  storelLeepers,  clerks  and  labourers^ 
seven^nve  thousand  dollars. 

For  ordnance  and  small  arms,  sixty  thousand  dollars. 

Sna  2.  And  be  itfuHher  enaUed^  That  the  several  suikis,  Specifically 
appropriated  by  this  act,  shall  be  paid  out  of  any  monies  in  the  treasury, 
not  otherwise  appropriated. 

Approted,  February  7,  1811. 


Gbap.  XIL— ^  Ja  makiftg  tompenmHon  to  John  Eugemt  LeitenMdmftr  fat 
'^1  remderti  tSt  United  Statu  in  the  war  with  TVipoH. 


Statutb  m. 
Fab.  13,  1811. 

Be  it  enaded  by  the  Senate  and  House  of  Rtpreseniaiives  of  the  United  ^^  warrant 
States  of  America  in  Congress  assembled.  That  the  Secretory  of  War  L^h!^£d!)fi^.^ 
be,  and  he  is  hereby  directed  to  issue  a  land  warrant  to  John  Eugene 
Leitensdorfer  for  three  hundred  and  twenty  acres ;  which  said  warrant 
may,  at  the  option  of  the  holder  or  possessor,  be  located  with  any  regis- 
ter or  registers  of  the  land-offices  on  any  of  the  public  lands  of  the 
United  States,  lying  on  the  west  side  of  the  Mississippi,  then  and  there 
offered  for  sale,  or  may  be  receiyed  at  the  rate  of  two  dollars  per  acre 
in  payment  of  any  such  public  lands. 

Sxc.  2.  And  be  it  Jurther  enacted,  That  the  proper  accounting      Hia    acoovnt 
officers  of  the  treasury  be,  and  they  are  hereby  directed  to  settle  the  ^^  J***"**  ^ 
account  of  John  Eugene  Leitensdorfer,  and  to  allow  him  the  pay  of  a  n^^  traaaoiy. 
captoin,  from  the  fifteenth  day  of  December,  one  thousand  eight  hundred 
and  four,  to  the  fifteenth  day  of  July,  one  thousand  eight  hundred  and 
five,  being  the  time  he  served  as  adjutant  and  inspector  of  the  forces  of 
the  Unit^  States,  in  Egypt  and  on  the  coast  of  Africa. 

Apfboyed,  February  13,  1811. 


fiTATim  ni. 


[Repealed.] 

Compeniatioiia 
to  officera  ap- 
pointed to  aa. 
certain  the 
righta  of  per- 


landt  in  the 
territoriea  of 
Orleana    and 


Chap.  XIV.— wfn  Jei  providing  for  the  final  adjustment  oT  ekdms  to  lands,      peb.  16, 1811. 

and  for  the  sale  of  the  pubUe  lands  in  the  temtories  tf  Orleans  and  Louis'    '• 

iana,(a) 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  following  allowances 
and  compensations  shall  be  made  to  the  several  officers  appointed  for 
the  purpose  of  ascertaining  the  rights  of  persons  claiming  lands  in  the 
territories  of  Orleans  and  Louisiana ;  which  allowances  and  compensa- 
tions shall  be  in  full  for  all  their  services,  including  those  rendered  since 
their  salaries  respectively  ceased,  that  is  to  say :  To  each  of  the  com- 
missioners, and  to  each  of  the  clerks  of  the  boards,  fifly  cents  for  each 
claim,  duly  filed  according  to  law,  which  remained  undecided  on  the 
first  day  of  July,  one  thousand  eight  hundred  and  nine,  and  on  which 
a  decision  has  been  made  subsequent  to  that  day,  or  shall  hereafter  be 
made,  whether  such  decision  be  in  favour  or  against  the  claim :  which 
allowance  of  fifty  cents  shall  be  paid  at  the  treasury  of  the  United  Stotes, 
from  time  to  time,  and  on  receipt  of  the  transcripts  of  the  decisions  «nd 
of  the  reports  of  claims  not  finally  confirmed,  as  the  same  may  be  trans- 

(a)  See  notea  to  the  act  of  March  S,  1806,  chap.  86,  icA,  U.  S84,  for  a  reference  to  the  acta  which  have 
been  paaaed  relatiTe  to  landa  and  land  titlea  in  Loaiaiana. 

Vol.  II.— 78  3f2 


1811,  eh.  46, 

BC.  14. 


618 


ELEVENTH  CONGRESS.    Sbbs.  IH.  Ch.  14.    1811. 


CompeniatioDf 
of  commiMion- 
on>  ftc.  ftc. 


No  allowiBce 
to  the  person 
appointed  by  the 
Secretary  of  the 
Treasury  after 
the  time  the 
agent  ceased  to 
act. 

Two  principal 
deputy  survey- 
ors of  the  Or- 
leans territory 
may  alter  the 
mode  of  survey- 
ing  certain 
lands. 


Proviso. 


Land    offices 
established  at 
New  Orleans, 
and   Opelousas, 
for  disposing  of 
the  public 
lands. 


1803,  ch.  n. 

Powers  vest- 
ed in  the  Presi- 
dent  eitended 
to  htm  as  to  the 
eastom  district. 

Act  of  April 
SI, 1806, ch. 39. 


mitted  by  the  boards  respectively  to  the  Secretary  of  the  Treasury  ac- 
cording to  law.  To  each  of  the  said  commissioners  and  clerks  a  further 
allowance  of  five  hundred  dollars,  to  be  paid  after  the  completion  of  the 
business  of  each  of  the  boards  respectively,  to  the  officers  then  in  office. 
And  to  each  of  the  translators,  at  the  rate  of  six  hundred  dollars  a  year, 
and  not  to  exceed  in  the  whole  for  each  the  term  of  eighteen  months : 
Provided  always,  that  the  above  mentioned  allowance  of  fifty  cents  for 
each  claim  decided  upon,  shall  not  be  made  to  any  of  the  commission- 
ers who  may  be  absent  at  the  time  of  such  decision ;  the  attendance  of 
each  to  be  certified  by  the  clerk,  or  by  a  majority  of  the  board :  And 
provided  also,  that  no  allowance  shall  be  made  to  any  agent  heretofore 
employed  by  the  Secretary  of  the  Treasury,  for  any  period  of  time  sub- 
sequent to  the  time  when  such  agent  ceased  to  act,  or  when  the  board 
ceased  to  receive  evidence. 

Sec.  2.  And  be  it  further  enacted,  That  the  two  principal  deputy 
surveyors  of  the  territory  of  Orleans  shall,  and  they  are  hereby  autho- 
rized, in  surveying  and  dividing  such  of  the  public  lands  in  the  said 
territory,  which  are  or  may  be  authorized  to  be  surveyed  and  divided, 
as  are  adjacent  to  any  river,  lake,  creek,  bayou  or  water  course,  to  vary 
the  mode  heretofore  prescribed  by  law,  so  far  as  relates  to  the  contents 

of  the  tracts,  and to  the  angles  and  boundary  lines  — '- —  and  to 

lay  out  the  same  into  tracts  as  far  as  practicable,  of  fifty-eight  poles  in 
front  and  four  hundred  and  sixty-five  poles  in  depth,  of  such  shape,  and 
bounded  by  such  lines  as  the  nature  of  the  country  will  render  practica- 
ble, and  most  convenient :  Provided  however,  that  such  deviations  from 
the  ordinary  mode  of  surveying  shall  be  made  with  the  approbation  of» 
and  in  conformity  with  the  general  instructions  which  may  be  given  to 
that  effect  by  the  surveyor  of  the  public  lands  south  of  the  state  of  Ten- 
nessee. 

Sec.  d.  And  he  it  further  enacted.  That  for  the  disposal  of  the  lands 
of  the  United  States,  lying  in  the  eastern  land  district  of  the  territory  of 
Orleans,  a  land-office  shall  be  established  at  New  Orleans ;  and  that  for 
the  disposal  of  the  lands  of  the  United  States,  lying  south  of  Red  river, 
in  the  western  land  district  of  the  territory  of  Orleans,  a  land-office  shall 
be  established  at  Opelousas ;  and  that  for  the  disposal  of  the  lands  of  the 
United  States,  lying  north  of  Red  river,  in  the  western  land  district  of 
the  territory  of  Orleans,  a  land-office  shall  be  established,  which  shall  be 
kept  at  such  place  as  the  President  of  the  United  States  may  direct. 
The  register  of  the  western  land  district  of  the  territory  of  Orleans  shall 
act  as  register  of  the  land-office  of  Opelousas,  and  as  one  of  the  com- 
missioners for  ascertaining  the  rights  of  persons  claiming  lands  in  any 
part  of  the  said  western  land  district.  And  for  the  land-office,  north  of 
the  Red  river,  a  register,  and  for  each  of  the  said  three  offices,  a  receiver 
of  public  monies  shall  be  appointed,  who  shall  give  security  in  the  same 
manner,  in  the  same  sums,  and  whose  compensations,  emoluments, 
duties  and  authority,  shall  in  every  respect  be  the  same,  in  relation  to 
the  lands  which  shall  be  disposed  of  at  their  offices,  as  are  or  may  be 
provided  by  law,  in  relation  to  the  registers  and  receivers  of  public 
monies  in  the  several  offices  established  for  the  disposal  of  the  lands  of 
the  United  States,  in  the  territory  of  Mississippi. 

Sec.  4.  And  he  it  further  enacted,  That  the  powers  vested  in  the 
President  of  the  United  States  by  the  eleventh  section  of  the  act,  enti- 
tuled  **An  act  supplementary  to  an  act,  entituled  An  act  for  ascertaining 
and  adjusting  the  titles  and  claims  to  land  within  the  territory  of  Orleans, 
and  the  district  of  Louisiana,"  passed  on  the  twenty-first  day  of  April, 
one  thousand  eight  hundred  and  six,  in  relation  to  the  public  lands  lying 
in  the  western  district  of  the  territory  of  Orleans,  and  all  the  other  pro- 
visions made  by  the  same  section,  for  the  sale  of  said  lands,  and  ion 
obtaining  patents  for  the  same,  shall  be,  and  the  same  are  hereby  in 


ELEVENTH  CONGRESS.    Sbss.  UI.  Ch.  14.     1811. 


619 


every  respect,  extended  to  the  public  lands,  lying  in  the  eastern  district 
of  the  territory  of  Orleans. 

Sec.  5.  And  he  it  further  enacted.  That  every  person  who,  either  by 
virtue  of  a  French  or  Spanish  grant  recognized  by  the  laws  of  the  United 
States,  or  under  a  claim  confirmed  by  the  commissioners  appointed  for 
the  purpose  of  ascertaining  the  rights  of  persons  claiming  lands  in  the 
territory  of  Orleans,  owns  a  tract  of  land  bordering  on  any  river,  creek, 
bayou  or  water  course,  in  the  said  territory,  and  not  exceeding  in  depth 
forty  arpens,  French  measure,  shall  be  entitled  to  a  preference  in  be- 
coming the  purchaser  of  any  vacant  tract  of  land  adjacent  to,  and  back 
of  his  own  tract,  not  exceedins  forty  arpens,  French  measure,  in  depth, 
nor  in  quantity  of  land,  that  which  is  contained  in  his  own  tract,  at  the 
same  price,  and  on  the  same  terms  and  conditions,  as  are,  or  may  be 
provided  by  law  for  the  other  public  lands  in  the  said  territory.  And 
the  principal  deputy  surveyor  of  each  district  respectively,  shall  be  and 
he  is  hereby  authorized,  under  the  superintendence  of  the  surveyor  of 
the  public  lands  south  of  the  state  of  Tennessee,  to  cause  to  be  surveyed, 
the  tracts  claimed  by  virtue  of  this  section ;  and  in  all  cases  where  by 
reason  of  bends  in  the  river,  lake,  creek,  bayou  or  water  course  border- 
ing on  the  tract,  and  of  adjacent  claims  of  a  similar  nature,  each  claim- 
ant cannot  obtain  a  tract  equal  in  quantity  to  the  adjacent  tract  already 
owned  by  him  to  divide  the  vacant  land  applicable  to  that  object  between 
the  several  claimants,  in  such  manner  as  to  him  will  appear  most  equit- 
able :  Provided  however,  that  the  right  of  pre-emption,  granted  by  this 
section,  shall  not  extend  so  far  in  depth,  as  to  include  lands  fit  for  culti- 
vation, bordering  on  another  river,  creek,  bayou  or  water  course.  And 
every  person  entitled  to  the  benefit  of  this  section  shall,  within  three 
years  after  the  date  of  this  act,  deliver  to  the  register  of  the  proper  land- 
oflice,  a  notice  in  writing,  stating  the  situation  and  extent  of  the  tract 
of  land  he  wishes  to  purchase,  and  shall  also  make  the  payment  and  pay- 
ments for  the  same,  at  the  time  and  times,  which  are,  or  may  be  pre- 
scribed by  law,  for  the  disposal  of  the  other  public  lands  in  the  said 
territory :  the  time  of  his  delivering  the  notice  aforesaid,  being  consi- 
dered as  the  date  of  the  purchase.  And  if  any  such  person  shall  fail  to 
deliver  such  notice  within  the  said  period  of  three  years,  or  to  make 
such  payment  or  payments  at  the  time  above  mentioned,  his  right  of 
pre-emption  shall  cease  and  become  void ;  and  the  land  may  thereafter 
be  purchased  by  any  other  person  in  the  same  manner,  and  on  the  same 
terms,  as  are  or  may  be  provided  by  law  for  the  sale  of  other  public  lands 
in  the  said  territory. 

Sec.  6.  And  he  it  further  enacted.  That  the  land-offices,  established 
by  virtue  of  the  fourth  section  of  this  act,  shall  be  opened  on  the  first 
day  of  January,  one  thousand  eight  hundred  and  twelve,  for  the  sale  of 
all  the  public  lands,  with  the  exception  of  section  «  No.  sixteen"  of  the 
salt  springs,  and  land  contiguous  thereto,  and  of  the  tracts  reserved  for 
the  support  of  seminaries  of  learning  as  herein  after  provided,  which 
shall  have  been  previously  surveyed  and  the  surveys  thereof  returned 
according  to  law  to  the  registers  of  the  land-offices  respectively ;  and  on 
the  first  day  of  February,  one  thousand  eight  hundred  and  twelve,  for 
the  sale  of  such  of  the  public  lands,  which,  from  the  nature  of  the  coun- 
try, cannot  be  surveyed  in  the  ordinary  way,  and  are  embraced  by  the 
provisions  of  the  third  section  of  this  act,  as  shall  have,  at  least  six 
weeks  previous  to  the  said  first  day  of  February,  one  thousand  eight 
hundred  and  twelve,  been  advertised  for  sale  by  the  surveyor  of  the 
public  lands  south  of  the  sUte  of  Tennessee,  with  the  approbation  of  the 
President  of  the  United  States.  The  public  sales  for  the  lands,  sub- 
divided into  quarter  sections  in  the  ordinary  way,  shall  be  held  for  one 
calendar  month,  under  the  superintendence  of  the  register  and  receiver 
of  each  landoffice  respectively,  and  of  either  of  the  surveyors  of  public 


Tanni  on 
which  peraou 
owning  coBtign. 
ona  lindi  nuij 
obuin  thoM  be- 
longing  to  the 
public. 


Linutntio&  of 
gnntk 


Periods  of 
opening^  the 
land  omcea, 
fto.  fto. 


620 


ELEVENTH  CONGRESS.    Sksb.  ni.  Ctf.  14.    1811. 


Preference  to 
mhabitantt  and 
ooltiYatocf. 


FroTifo. 


1808,  eh.  97. 


Additional  re« 
■erration  in  the 
weatern  district. 


Landa  in  the 
territory  of  Lon* 
iaiana  to  be  snr- 
Tejedy  kc. 


I800,ch.fi6. 


A  land.office 
to  be  opened,  at 
aoch  place  aa 
the   Preatdent 
may  deaignate 
fbr  diipoaing  of 
pnblio  landa  in 
Loniaiana,  ke. 


1800,  ch.  65. 

Landa  may  be 
offered  for  aale, 
kckc. 


Isiiids  south  of  Tennessee,  or  of  his  principal  deputy  surveyor  in  the  dis- 
trict,  who  shall  each  receive  six  dollars  for  each  day's  attendance  on  the 
same ;  and  no  tract  of  land  shall  be  sold  at  said  public  sales,  for  a  less 
price  than  that  which  is  or  may  be  prescribed  by  law,  for  the  sale  of 
public  lands  in  the  Mississippi  territory.  And  from  and  after  the  first 
first  day  of  February,  one  thousand  eight  hundred  and  twelve,  any  tract 
which  has  been  thus  offered  for  sale  at  public  sale,  and  remains  unsold, 
as  weU  as  any  tract  of  land  embraced  by  the  provisions  of  the  third 
section  of  this  act,  the  sale  of  which  is  authorized  by  this  section,  may 
be  disposed  of  at  private  sale  by  the  register  of  the  land-offiee,  fbr  the 
same  price  which  is  or  may  be  prescribed  by  law,  for  the  siale  of  public 
lands  in  the  Mississif^i  territory.  All  the  lands,  sold  (by)  viriue  of  this 
section,  shall  in  every  other  respect  be  sold  on  the  same  terms  of  pay- 
ment and  conditions,  in  the  same  manner,  and  under  the  same  regula- 
tions as  are  or  may  be  prescribed  by  law,  for  the  sale  of  public  lands  in 
the  Mississippi  territory :  Provided  however,  that  in  case  of  an  applica- 
tion  being  made  at  the  same  time,  for  the  purchase  at  private  sale  of  the 
same  tract  of  land  by  two  or  more  persons,  one  of  whom  did  actually 
inhabit  and  cultivate  such  tract  of  land  at  the  time  of  passing  this  act, 
and  still  continues  to  inhabit  and  cultivate  the  same  at  the  time  of  such 
application;  the  preference  shall  be  given  to  the  person  thus  inhabiting 
and  cultivating  such  tract  of  land :  And  provided  oho,  that  till  after  the 
final  decision  of  Congress  thereon,  no  tract  of  land  shall  be  offered  for 
sale,  the  claim  to  which  has  been  in  due  time,  and  according  to  law, 
presented  to  the  register  of  the  land-ofiice,  and  filed  in  his  office,  for  the 
purpose  of  being  investigated  by  the  commissioners  appointed  for  the 
purpose  of  ascertaining  the  rights  of  persons  claiming  lands  in  the  ter- 
ritory of  Orleans ;  or  which  shall  have  been  located  by  or  lor  Major 
General  La  Fayette,  according  to  law. 

Sbg.  7.  And  be  it  further  enacted,  That  in  addition  to  the  township 
already  reserved  for  that  purpose  by  law,  in  the  western  district  of  the 
territory  of  Orleans,  and  which  shall  be  located  south  of  Red  river, 
another  entire  township  shall  be  located  by  the  Secretary  of  the  Trea- 
sury north  of  Red  river,  for  the  use  of  a  seminary  of  learning,  and  also 
an  entire  township  in  the  territory  of  Louisiana,  for  the  support  of  a 
seminary  of  learning  within  the  said  territory. 

Sec.  8.  And  be  it  further  enacted.  That  the  surveyor-general  sfaaU 
cause  such  of  the  public  lands  in  the  territory  of  Louisiana  as  the  Presi- 
dent of  the  United  States  shall  direct,  to  be  surveyed  and  divided  in  the 
same  manner  and  under  the  same  regulations  and  limitation  as  to  ex- 
penses, as  is  provided  by  law  in  relation  to  the  lands  of  the  United 
States,  northwest  of  the  river  Ohio,  and  above  the  mouth  of  Kentucky 
river. 

Sec.  9.  And  be  it  further  enacted.  That  for  the  disposal  of  the  lands 
of  the  United  States,  lying  in  the  territory  of  Louisiana,  a  land-office 
shall  be  established,  which  shall  be  kept  at  such  place  as  the  President 
of  the  United  States  may  direct;  and  a  register  and  receiver  of  public 
monies  shall  be  appointed  for  said  office,  who  shall  give  security  in  the 
same  manner,  in  the  same  sums,  and  whose  compensations,  emoluments, 
duties  and  authority,  shall  in  every  respect  be  Uie  same,  in  relation  to 
the  lands  which  shall  be  disposed  of  at  their  office,  as  are  or  may  be  pro^ 
vided  for  by  law,  in  relation  to  the  register  and  receiver  of  public  monies 
in  the  several  offices  established  for  the  disposal  of  the  lands  of  the 
United  States,  northwest  of  the  river  Ohio  and  above  the  mouth  of  Ken- 
tucky river. 

Sec.  10.  And  be  it  further  enacted,  That  the  President  of  the  United 
States  be,  and  he  is  hereby  authorized,  whenever  he  shall  think  proper, 
to  direct  so  much  of  the  public  lands  lying  in  the  territoty  of  Louisiana, 
as  shall  have  been  surveyed  in  conformity  with  the  ninth  section  of  thia 


ELEVENTH  CONGRESS.    Ssss.  UI.  Ch.  15.    1811. 


«1 


ncif  to  be  ofllered  for  sale.  All  such  lands  'shall,  with  the  exertion  of 
the  section  "  number  sixteen,"  which  shall  be  reserved  in  each  township 
far  the  support  of  schools  within  the  same,  with  exception  also  of  a  tract 
reserved  for  the  support  of  a  seminary  of  learning,  as  provided  for  by  the 
eighth  section  of  this  act,  and  with  the  exception  also  of  the  salt  springs, 
and  lead  mines,  and  lands  contiguous  thereto,  which,  by  the  direction  of 
the  President  of  the  United  States,  may  be  reserved  for  the  future  dis- 
pbsal  of  the  said  States,  shall  be  offered  for  sale  to  the  highest  bidder, 
under  the  direction  of  the  register  of  the  land-office,  and  the  receiver  of 
public  monies,  and  of  the  principal  deputy  surveyor,  and  on  such  day  or 
days  as  shall,  by  public  proclamation  of  the  President  of  the  United 
States,  be  designated  for  that  purpose.  The  sales  shall  remain  open  for 
three  weeks,  and  no  longer.  The  lands  shall  be  sold  for  a  price  not 
less  than  that  which  has  been  or  may  be  fixed  by  law  for  the  public 
lands,  northwest  of  the  river  Ohio,  and  above  the  mouth  of  Kentucky 
river.  And  shall  in  ^very  other  respect  be  sold  in  tracts  of  the  same 
size,  on  the  same  terms  and  conditions,  as  have  been  or  may  be  by  law 
provided  for  the  lands  sold  in  the  state  of  Ohio.  The  superintendents, 
of  the  said  public  sales  shall  each  receive  six  dollars  for  each  day's 
attendance  on  the  said  sales.  All  the  lands  which  have  been  thus 
offered  for  sale,  at  public  sale,  remaining  unsold  at  the  closing  of  the 
public  sales,  may  be  disposed  of  at  private  sale  by  the  register  of  the 
land-office,  for  the  same  price  which  is  or  may  be  prescribed  by  law  for 
the  sale  of  public  lands  in  the  state  of  Ohio :  Provided  however,  that  till 
after  the  decision  of  Congress  thereon,  no  tract  of  land  shall  be  offered 
for  sale,  the  claim  to  which  has  been  in  due  time  and  according  to  law 
presented  to  the  recorder  of  land  titles  in  the  district  of  Louisiana,  and 
filed  in  his  office,  for  the  purpose  of  being  investigated  by  the  commis- 
sioners appointed  for  ascertaining  the  rights  of  persons  claiming  lands 
in  the  territory  of  Louisiana.  And  patents  shall  be  obtained  for  all  lands 
sold  in  the  territory  of  Louisiana,  in  the  same  manner  and  on  the  same 
terms  as  is  or  may  be  provided,  by  law,  for  land  sold  in  the  state  of 
Ohio. 

Sbc.  1L  And  be  it  further  enacted.  That  the  claim  of  the  corpora^ 
tion  of  the  city  of  New  Orleans,  to  the  common  adjacent  thereto,  and 
within  six  .hundred  yards  from  the  fortifications  of  the  same,  as  confirmed 
by  the  act,  entituled  "An  act  respecting  claims  to  lands  in  the  territories 
of  Orleans  and  Louisiana,"  shall  be  deemed  valid,  although  the  relin- 
quishment of  the  said  corporation  to  any  claim  beyond  the  said  distance 
of  six  hundred  yards,  was  not  made  till  after  the  expiration  of  the  period 
of  six  months  prescribed  by  the  act  last  mentioned. 

Sec.  12.  And  he  it  further  enacted.  That  all  the  navigable  rivers  and 
waters  in  the  territories  of  Orleans  and  Louisiana,  shall  be,  and  for  ever 
remain  public  highways. 

Sec.  13.  And  he  it  further  enacted.  That  a  sum  not  exceeding  forty 
thousand  dollars  be,  and  the  same  is  hereby  appropriated,  for  the  pur- 
pose of  carrying  this  act  into  effect,  which  sum  shall  be  paid  out  of 
unappropriated  monies  in  the  treasury. 

Approved,  February  15, 1811. 


Chap.  X  V.— %d?n  Act  eoneeming  the  Sank  of  Jkxandria, (a) 

Be  it  enacted  hy  the  Senate  and  House  of  Rqpreseniatives  of  the  United 
States  of  America  in  Congress  assembled.  That  the  corporation  here- 
tofore created  by  the  name  and  style  of  the  President,  birectors  and 


Sale  of  the 
public  landi. 


No  liad  to  be 
offered  for  aale 
the  claim  to' 
which  haa  been 
preaented  antil 
after  the  deci- 
aion  of  Con- 


Claim  of  the 
corporation  of 
New  Orleana  to 
adjacent  com- 
mon to  be  valid. 

1807,  cb.  36. 


Navigable 
rivera,  &c.  to 
remain  public 
highwaja. 

Specific  ap- 
propriation. 


StatvtsIII. 
Feb.  16,  1811. 


are 
Cond. 


(a)  SuiU  brought  bj  the  bank  of  Alexandria  upon  promiaaory  notes,  made  negotiable  at  that  bank, 
entitled  to  trial  at  the  return  time  of  the  writ.  Young  «.  The  Bank  of  Alexandria,  4  Cranch,  884 ;  S  C 
Rep.  150.  .        ^    ,  ^ 

The  bank  of  Alexandria  may,  under  the  charter  of  the  bank,  maintain  an  action  againat  the  indoraer 


632 


ELEVENTH  CONGRESS.    Sus.  UI.  Ch.  15.    1811. 


Corporation 
of  Alexandria 
bank  eontinaed. 


Power*  of  the 
corporation. 


Company  of  the  Bank  of  Alexandria,  by  an  act  of  the  legislature  of  the 
commonwealth  of  Virginia,  passed  in  the  year  seventeen  hundred  and 
ninety-two,  entituled  "An  act  for  establishing  a  bank  in  the  town  of 
Alenandria ;"  the  capital  stock  of  which  said  bank  hath  been  increased 
to  five  hundred  thousand  dollars ;  and  which  said  corporation  was,  by  an 
act  of  the  said  commonwealth,  passed  in  the  year  eighteen  hundred  and 
one,  continued  until  the  fourth  day  of  March,  eighteen  hundred  and 
eleven,  be,  and  the  said  corporation  shall,  by  the  name  and  style  afore- 
said, be  further  continued  from  the  fourth  day  of  March  next,  until  the 
fourth  day  of  March,  eighteen  hundred  and  twenty-one,  subject  to  the 
regulations  prescribed  by  and  made  in  the  manner  provided  by  this  act. 

Sec.  2.  And  be  it  Jurther  enacted.  That  the  said  corporation  shall, 
by  the  name  and  style  of  the  President,  Directors  and  Company  of  the 
Bank  of  Alexandria,  be  capable  in  law  to  hold,  have  and  purchase, 
receive,  possess,  enjoy  and  retain  to  them  and  their  successors,  lands, 
rents,  tenements,  hereditaments,  goods,  chattels  and  effects,  of  what 
kind,  nature  or  quality  soever;  and  the  same  to  grant,  demise,  alien  or 
dispose  of;  and,  by  the  name  aforesaid,  may  sue  and  be  sued,  plead  and 
be  impleaded,  answer  and  be  answered,  defend  and  be  defended,  in  any 
court  of  record,  within  the  United  States ;  and  may  do  and  execute  every 
other  matter  and  thing  by  the  name  aforesaid,  that  they  are  authorized 
to  do  by  virtue  of  this  act :  Provided  always,  that  the  lands,  tenements 
and  hereditaments,  which  it  shall  be  lawful  for  the  President,  Directors 
and  Company  to  hold,  shall  be  only  such  as  shall  be  requisite  for  their 
immediate  accommodation,  in  relation  to  the  convenient  transacting  their 
business,  and  such  as  shall  have  been  bona  fide  mortgaged  to  them  by 
way  of  security,  or  conveyed  to  them  in  satisfaction  for  debts  previously 
contracted  in  the  course  of  their  dealings :  Provided  also,  that  the  pre- 
sident and  directors  shall  not  purchase  any  goods,  chattels  or  effects, 
unless  such  as  are  sold  by  virtue  of  an  execution,  upon  judgments  ob- 
tained by  them,  except  such  articles  as  may  be  necessary  for  them  in 
transacting  the  business  of  the  bank ;  but  it  shall  be  lawful  for  them  to 
receive  and  hold  such  securities,  goods,  chattels  and  effects,  by  way  of 
deposit  for  advances  made  by  them  to  any  person  or  persons,  and,  on 
failure  of  payment,  the  same  to  sell  and  dispose  of  at  public  sale. 

Sec.  3.  And  be  it  further  enacted.  That  the  capital  stock  of  the  said 
bank  shall  consist  of  five  hundred  thousand  dollars,  in  shares  of  two 
hundred  dollars  each. 

Sec.  4.  ^And  be  it  Jurther  enacted,  That  every  stockholder  shall  be 
entitled  to  vote  by  himself,  his  agent  or  proxy,  appointed  under  his  hand 
and  seal,  at  all  elections,  in  virtue  of  this  act;  and  shall  have  as  many 
votes  as  he  has  shares,  as  far  as  ten  shares,  and  not  more  than  one  vote 
for  every  five  shares  thereafter;  and  every  stockholder  may  sell  and 
transfer  his  stock  in  the  bank,  or  any  part  thereof,  at  his  pleasure,  not 
being  less  than  one  complete  share  or  shares^  the  transfer  to  be  made 
in  the  bank  books,  in  the  presence,  and  with  the  approbation  of  the  pro- 
prietor or  his  lawful  attorney,  and  the  purchaser  then  to  be  entitled  to  all 
the  rights  which  the  original  proprietor  enjoyed. 

Sec.  5.  And  be  it  further  enacted.  That  a  meeting  of  the  stockholders, 

of  a  promiaiorT  note,  made  nesottable  at  that  bank,  without  first  aaing  the  maker,  or  proving  him  in* 
solvent,  aceorain|[  to  the  law  of  Virginia ;  although  the  endorsement  was  for  the  accommodation  of  Uie 
maker:  and  notwithstanding  that  in  Virginia  the  implied  contract  of  the  endorser  of  a  promissory  note, 
b?  the  senersl  understanding  of  the  conntry,  is  that  ne  will  pay  the  debt,  if  by  dne  diligence  it  cannot  bo 
obtained  from  the  maker.    iMd. 

If  the  ease  shows  that  the  bank  received  the  note  under  an  understanding  that  it  was  subject  to  tho 
rules  which  ^vem  inland  bills  of  exchange,  then  it  would  seem  reasonable,  in  the  case  of  notes  actually 
negotiated  with  them,  to  imply, from  the  act  of  endorsement,  an  undertaking  conformable  to  that  usage. 

A  subsequent  board  of  directors  of  the  bank,  is  to  be  considered  as  knowins  all  the  circumstances 
communicated  or  known  to  the  previous  board.  The  Mechanics'  Bank  of  Alexandria  v.  Loniea  and  Maria 
Seton,  1  Peters,  809. 


Limitation  of 
the  amount  of 
real  estate  held 
by  the  bank. 


The  bank  not 
to  purchase  any 

Kods,  &c.  un- 
IS  sold  on 
judgments   ob- 
tained    by    the 
bank,  fcc. 


Capital  stock. 


Votes,  how 
apportioned. 


ELEVENTH  CONGRESS.    Sbss.  III.  Ch.  15.    1811. 


at  the  town  of  Alexandria,  shall  be  held  annually,  on  the  third  Monday 
of  Janaary,  in  every  year,  during  the  continuance  of  this  act ;  previous 
notice  whereof  shall  be  publish^  in  some  newq>aper,  printed  in  Alex* 
ahdria,  Richmond,  Winchester,  or  the  city  of  Washington,  for  the  space 
of  four  weeks  successively ;  and  the  stockholders,  assembled  in  conse- 
quence of  such  notice,  shall  choose  by  ballot,  from  among  themselves, 
by  a  majority  of  votes  of  such  as  shall  be  present,  or  by  proxy,  nine 
directors,  being  citizens  of  the  United  States,  for  the  term  of  one  year 
thereafter ;  and  on  the  same  day  annually,  for  and  during  the  continu- 
ance of  this  act,  a  like  election  shall  be  made ;  and  in  case  of  refusal, 
death,  resignation,  disqualification  or  removal  out  of  the  district  of 
Columbia,  of  any  director,  the  remaining  directors,  at  their  next  meet^ 
ing  thereafter,  shall  elect  by  ballot  another  person,  qualified  as  aforesaid, 
in  his  place,  for  the  residue  of  the  year.  The  directors  or  any  seven  of 
them,  shall,  at  their  first  meeting  afier  every  general  election,  elect  by  a 
majority  of  members  present,  by  ballot,  from  among  the  stockholders,  a 
president,  who  shall,  whether  a  director  or  not,  be  thereupon  entitled  to 
all  the  powers  and  privileges  of  one ;  and  if  he  was  before  a  director, 
another  director  shall  be  elected  as  aforesaid,  so  as  to  keep  up  the  num- 
ber of  directors,  prescribed  by  this  act,  exclusive  of  the  president;  and 
in  case  of  refusal,  death,  resignation  or  removal  out  of  the  district  afore- 
said, of  the  president,  the  directors  shall  meet  as  soon  as  conveniently 
can  be  thereafter,  and  elect  another  person  for  president,  in  manner 
before  directed. 

Sec.  6.  And  be  it  further  enacted,  That  there  be  a  meeting  of  the 
directors  quarterly,  for  the  purpose  of  regidating  the  afiairs  of  the  bank, 
any  five  of  whom  shall  make  a  board ;  andjlhat  the  board  have  power  to 
adjourn  from  time  to  time;  and  the  president,  or  any  three  of  the  direc- 
tors, may  call  a  special  meeting  at  any  other  time  they  may  think  neces- 
sary. 

Sec.  7.  And  be  it  further  enacted.  That  the  board  of  directors  shall 
determine  the  manner  of  doing  business,  and  the  rules  and  forms  to  be 
pursued;  appoint  and  pay  the  various  officers  which  they  may  find 
necessary ;  and  dispose  of  the  money  and  credit  of  the  bank,  at  a  rate 
not  exceeding  six  per  centum  per  annum;  and  make  half  yearly  divi- 
dends of  the  profits,  or  of  such  part  thereof,  as  they  may  think  prudent 

Sec.  8.  And  be  it  further  enacted.  That  in  the  appointment  of  cash- 
ier of  the  said  bank,  a  majority  of  the  votes  of  seven  directors  shall  be 
necessary  to  a  choice. 

Sec.  9.  And  be  it  further  enacted,  That  the  board  shall,  at  every 
quarterly  meeting,  choose  three  directors,  to  inspect  the  business  of  the 
bank,  for  the  ensuing  three  months;  and  the  inspectors  so  chosen,  or 
any  two  of  them,  sbdl,  on  the  evening  of  every  Saturday,  examine  into 
the  state  of  the  cash  account,  and  all  the  notes  received  and  issued;  and 
see  that  those  accounts  are  regularly  balanced  and  transferred. 

Sec.  10.  And  be  it  further  enacted.  That  any  director,  officer  or 
other  person,  holding  any  share  or  capital  of  the  said  stock,  who  shall 
commit  any  fraud  or  embezzlement,  touching  the  money  or  property  of 
the  said  bank,  shall  be  liable  to  be  prosecuted  in  the  name  of  the  United 
States,  by  indictment  for  the  same,  in  any  court  of  law,  in  the  district 
wherein  the  offence  shall  be  committed ;  and,  upon  conviction  thereof, 
shall,  besides  the  remedy  that  may  be  had  by  action,  in  the  name  of  the 
President,  Directors  and  Company  of  the  Bank  of  Alexandria,  for  the 
fraud  aforesaid,  forfeit  all  his  share  and  stock  in  the  said  bank  to  the 
company. 

Sec.  11.  And  be  it  further  enacted.  That  it  shall  not  be  lawful  for 
the  bank  hereby  incorporated  to  loan  by  discount  or  otherwise  more  than 
twice  the  amount  of  its  capital  stock  actually  paid  in. 

Sec.  12.  And  be  it  further  enacted.  That  no  stockholder  or  member 


ElectioM, 
when  to  be 
held. 


Proeeedingf 
orthedireeton. 


Qaarteri  J  and 
other  meetiofe 
of  the  directon. 


Powenofthe 
directon. 


Namber  of 
▼otea  oeceua- 
tj  to  Uie  ap. 
pouitment  of  a 
caahier. 

A  commiUee 
of  three  direc- 
tors to  be  ap. 
pointed  at  quar> 
terlj  meetion 
to  eiamine  the 
caih  account*. 

Anj  director, 
officer  or  other 
person  commit- 
ting frauds  in 
the  bank  may  be 
prosecuted. 


Amount  an- 
thorised  to  be 
loaned 


624 


ELEVENTH  CONGRESS.    Smb.  III.  Ch.  15.    1811. 


Stoekholdnni 
only  to  be  an- 
■war&ble  for  the 
■mount  of  their 
stock. 


EiceptioB. 


Directon  ab« 
At  when  the 
atolntion  or  act 
bj  which  the 
debta  of  the 
bank  was  cre- 
ated, how  to 
eioneratethem- 
selTes. 


No  note  for  a 
smaller  sum 
than  fife  dollars 
to  be  issaed. 

Reports  to  be 
made  to  Sec- 
reUry  of  the 
Treasar7. 

Directors,  fce. 
fcc.  entitled  to 
no  emoloment 
bat  by  a  Tote  of 
the  stockhold- 
ers. 

Residents  of 
the  district  of 
Columbia  onl^ 
eligible  as  presi- 
dent or  director. 

Treasurer  or 
caihier  to  give 
bond,  fcc.  kc. 

Accidental 
omission  to 
make  an   elec- 
tion,   provided 
for. 


Process  serr. 
ed  upon  the 
President  suffi- 
cient. 


of  the  flaid  company  shall  be  answerable  for  any  loss,  deficiencies  or 
failure  of  the  capital  stock  of  said  bank,  for  any  more  or  larger  sum  or 
sums  of  money  whatsoever,  than  the  amount  of  the  stock,  stocks  or 
shares,  which  shall  appear  by  the  books  of  the  said  company  to  belong 
to  him  at  the  time  or  times  when  such  loss  or  losses  shall  be  sustained, 
except  as  is  hereafter  excepted,  that  is  to  say :  if  the  total  amount  of 
debts,  which  the  said  company  shall  at  any  time  owe,  whether  by  bond, 
bill,  note  or  other  contract,  shall  exceed  double  the  amount  of  capital 
stock  of  the  said  bank  actually  paid  in,  over  and  above  the  monies 
actually  deposited  in  the  bank  for  safe  keeping,  then  in  case  of  such 
excess,  the  directors  under  whose  administration  it  shall  happen,  shall 
be  liable  for  such  excess,  in  their  natural  and  private  capacities ;  and  an 
action  or  actions  of  debt  may  be  brought  against  them,  or  any  of  them, 
their  heirs,  executors  or  administrators,  in  any  court  of  record  within  the 
United  States  •by  any  creditor  or  creditors  of  the  said  company,  and  may 
be  prosecuted  to  judgment  and  execution,  any  condition,  covenant  or 
agreement  to  the  contrary  notwithstanding ;  but  this  shall  not  be  con- 
strued to  elempt  the  said  body  politic  or  the  lands,  tenements,  goods 
and  chattels  of  the  same,  from  being  liable  for,  and  chargeable  with  the 
said  excess.  Such  of  the  directors  who  may  have  been  absent  when 
the  said  excess  was  contracted  or  created,  or  who  may  have  dissented 
from  the  resolution  or  act,  whereby  the  same  was  so  contracted  or 
created,  may  respectively  exonerate  themselves  from  being  so  liable,  by 
forthwith  giving  notice  of  the  fact,  and  of  his  absence  or  dissent,  to  the 
mayor  of  the  town  of  Alexandria,  for  the  time  being,  and  to  the  stock- 
holders, at  a  general  meeting  which  he  or  they  shall  have  power  to  call 
for  that  purpose.  And  in  case  the  directors,  by  whose  act  such  excess 
shall  be  occasioned,  shall  not  have  property  sufficient  to  pay  the  amount 
of  such  excess,  then  each  and  every  stockholder  shall  be  liable  in  their 
private  capacities  for  the  deficiency,  in  proportion  to  their  respective 
shares  in  Uie  said  bank. 

Sec.  13.  And  be  it  Jwrther  enacted^  That  the  president  and  directors 
shall  not  issue  any  note  for  a  smaller  sum  than  five  dollars ;  and  the 
president  and  directors  shall,  once  in  every  year,  lay  before  the  Secre- 
tary of  the  Treasury  an  account,  truly  stating  the  situation  of  the  bank, 
and  its  funds,  if  required. 

Sec.  14.  And  be  it  Jwrther  enacted^  That  no  director  shall  be  entitled 
to  any  emolument,  unless  the  same  shall  have  been  allowed  by  a  majo- 
rity of  the  stockholders  at  a  general  meeting.  The  directors  shsll  make 
such  compensation  to  the  president,  for  his  extraordinary  services  and 
attendance  at  the  bank  as  shall  appear  to  them  reasonable. 

Sec.  15.  And  be  it  further  enacted,  That  none  but  a  stockholder, 
being  a  resident  of  the  district  of  Columbia,  shall  be  eligible  as  a  presi- 
dent or  director. 

Sec.  16.  And  be  it  further  enacted,  That  every  cashier  or  treasurer, 
before  he  enters  upon  the  duties  of  his  office,  shall  give  bond  with  two 
or  more  securities  to  the  satisfaction  of  the  directors,  for  his  good  beha- 
viour in  office. 

Sec.  17.  And  be  it  further  enacted,  That  in  case  it  shall  at  any  time 
happen,  that  an  election  of  directors  shall  not  be  made  on  any  day  when, 
pursuant  to  this  act,  it  ought  to  be  made,  it  shall  and  may  be  lawful  on 
any  other  day  to  hold  and  make  an  election  of  directors,  in  such  manner 
as  shall  have  been  regulated  by  the  laws  and  ordinances  of  the  said  pre- 
sident and  directors. 

Sec.  18.  And  be  it  further  enacted.  That  process  of  law,  served  on 
the  president  for  the  time  being,  shall  be  deemed  sufficient  service,  and 
shall  avail  in  like  manner,  as  if  it  had  been  served  on  all  the  directors,  to 
the  intent  and  purpose  of  making  the  said  corporate  company  respon- 
sible. 


ELEVENTH  CONGRESS.    Sua.  III.  Cb.  16.    1811. 


036 


Sio.  19.  And  be  it  fiirther  enacted.  That  whenever  any  note  shall     l[^, 
be  given,  containing  express  consent  in  writing,  that  it  may  be  negotia-  Sankto  be  eon. 
ble  at  the  said  bank,  and  the  same  shall  be  endorsed,  if  payment  be   ndarad  m  billi 
refused  or  neglected  to  be  made,  at  the  time  it  shall  have  become  due,   of  ezchuge. 
the  like  proceedings  are  to  be  had  out  of  court,  and  suit  may  be  prose- 
cuted affain^  the  drawer  and  endorser,  jointly  or  separately,  in  like  man- 
ner as  if  the  same  was  a  bill  of  exchange. 

Sac.  20.  And  be  it  Jurther  enacted.  That  the  said  bank  shall  con- 
tinue to  transact  its  business  of  discount  and  deposit  in  the  county  of 
Alexandria,  in  the  district  of  Columbia. 

Approved,  Febrpary  15, 1811. 


Bulk  to  bo 
eontinoed  it 
Alsiaadiit. 


-^—  Statutb  m. 

Chaf.  Xyi.»vtfn  Jd  to  ineorporate  the  Bank  of  JVaaMnglon,  (a)  Feb.  15, 1811. 

Be  ii  enacted  by  the  Senate  and  House  of  Representathes  of  the  United  Bank  ofWaik. 
States  of  America  m  Congress  assembled,  That  from  and  after  the  fourth  ^"V^n  iocorpe. 
day  of  March,  which  will  be  in  the  year  of  our  Lord  one  thousand  eight 
hundred  and  deven,a]l  those  persons,  their  legal  representatives  or  assigns, 
who,  on  the  first  Monday  of  September,  in  the  year  of  our  Lord  one  thou- 
sand ei|rht  hundred  and  nine,  at  the  city  of  Washington,  subscribed  cer> 
lain  articles  of  association,  and  formed  a  company  or  limited  partnership, 
under  the  name  and  style  of  *'  The  President  and  Directors  of  the  Bank 
of  Washington,"  and  who,  on  the  said  fourth  day  of  March,  in  the  year 
eighteen  hundred  and  eleven,  shall  hold  any  share  of  the  joint  stock  or 
funds,  created  in  pursuance  of  the  said  articles  of  association,  and  their 
successors,  being  stockholders  as  aforesaid,  shall  be  and  they  are  hereby 
incorporated,  and  made  a  body  corporate  and  politic,  by  the  name  and 
style  of  "  The  President  and  Directors  of  the  Bank  of  Washington ;"  and 
by  that  name  may  sue  and  be  sued,  implead  and  be  impleaded,  answer 
and  be  answered,  defend  and  be  defended,  in  courts  of  record  and  any 
other  place  whatsoever ;  and  by  that  name  may  have  and  hold,  purchase, 
receive,  possess,  enjoy  and  retain  lands,  rents,  tenements,  hereditaments, 
goods,  chattels  and  eflects,  of  what  nature,  kind,  or  quality  soever ;  and 
the  same  sell,  grant,  demise,  alien  and  dispose  of;  and,  by  that  name  shall 
have  succession,  during  the  continuance  of  this  act,  and  may  make,  have 
and  use  a  common  seal,  and  the  same  may  break,  alter  and  renew  at 
pleasure ;  and  shall  have  power  to  ordain,  establish  and  put  in  execution, 
such  by-laws,  ordinances  and  regulations  as  shall  seem  necessary  and 
convenient  for  the  government  of  the  said  corporation,  not  being  con- 
trary to  law,  nor  to  the  constitution  thereof;  and  generally  to  do  and 
execute  all  acts  necessary  or  proper  for  the  objects  of  the  said  incorpo- 
ration, subject  to  the  rules,  regulations,  restrictions,  limitations  and  pro- 
visions herein  described  and  declared. 

Sec.  2.  And  be  it  further  enacted.  Thai  the  capital  stock  of  the  said 
bank  shall  consist  of  five  hundred  thousand  dollars,  money  of  the  United 
States,  to  he  divided  into  shares  of  twenty  dollars  each ;  of  which,  ten 
dollars  on  each  share  will,  according  to  the  articles  of  association  afore- 
said, have  been  paid  before  the  said  fourth  day  of  March,  eighteen  hun- 
dred and  eleven;  and  it  shall  be  optional  with  any  stockholder  thereafter 
to  fill  up  his  or  her  share  or  shares,  by  the  payment,  at  any  one  time,  of 
the  residue  of  the  money  due  thereon,  who  shall  thereupon  be  entitled 
to  receive  dividends  in  future,  in  proportion  to  the  whote  amount  paid 
upon  such  share  or  shares :  Provided,  that  the  dividend  or  dividends,  on 

(tf)  The  depoeit  of  a  bill  in  one  bank,  to  be  trannnitted  to  another  for  collection,  ia  a  common  naag* 
of  great  public  conTenieace;  and  the  doty  of  a  bank  receiTing  anck  bill,  ia  preciaely  the  aame,  whoeTOf 
may  be  the  owner  thereof:  and  if  it  waa  unwiUing  to  undertake  the  collection  without  precise  informa- 
tion  on  the  subject,  the  duty  ought  to  have  been  declined.  The  Bank  of  Waahington  o.  Triplet  and 
Neale,  1  Peters,  30. 

Vol.  n.— 79  3  G 


Capital. 


Sbareoyte* 


ELEVENTH  CONGRESS.    Sbss.  HI.  Gh.  16.    1811. 


Bank  to  be 
eontinaed  in 
Waahington. 

Directora,fcc. 
fte.  to  be  ap. 
pointed* 


Totet. 


No  one  to  vote 
who  ia  not  a 
citizen  of  the 
United  Statea. 

Tliis  aection 
may  be  altered 
by  Congreaa. 

Time!  of  meet- 
ing, for  choice 
of  directora, 
&c.  &c. 


Regalationa 
of  elecUona. 


sach  sams  of  money  so  paid,  shall  not  commence  until  the  first  day  of 
the  month  next  ensuing  such  payment. 

Sec.  3.  And  be  it  fiarther  enacted.  That  the  said  bank  shall  transact 
its  business  in  the  city  of  Washington. 

Sec.  4.  And  be  it  further  enacted,  That  the  affairs  of  the  said  bank 
shall  be  conducted  by  twelve  directors  and  a  president,  whose  place,  if 
chosen  from  among  their  number,  shall  be  supplied  by  that  body.  Six 
of  the  directors,  with  the  president,  shall  form  a  board  or  quorum  for 
transacting  all  the  business  of  the  company.  In  case  of  his  sickness 
or  necessary  absence,  his  place  may  be  sifpplied  by  any  director,, 
whom  he,  by  writing  under  his  hand,  may  nominate  for  that  purpose; 
or,  in  case  of  his  not  making  such  nomination,  the  board  may  appoint 
a  president  to  act  during  his  absence.  The  president  and  directors  who 
may  be  in  office,  under  the  said  articles  of  association,  on  the  said  fourth 
day  of  March,  eighteen  hundred  and  eleven,  shall  continue  in  office 
under  and  by  virtue  of  this  act  of  incorporation,  until  others  shall  be 
duly  chosen  in  their  stead.  No  person  shall  be  a  director  or  president 
who  is  not  a  citizen  of  the  United  States  and  a  stockholder ;  and  a  direc- 
tor ceasing  to  be  a  stockholder  shall  cease  to  be  a  director.  And  no 
person,  a  director  of  another  bank,  shall  be  a  director  of  this  bank. 
Every  stockholder,  being  a  citizen  of  the  United  States,  shall  be  entitled 
to  vote  at  all  elections  to  be  holden  by  the  stockholders,  in  pursuance 
of  this  act,  and  shall  have  as  many  votes,  in  proportion  to  the  stock  be 
may  hold,  as  follows :  for  one  share  and  not  exceeding  two  shares,  one 
vote  each ;  for  every  two  shares  above  two,  and  not  exceeding  ten,  one 
vote ;  for  every  four  shares  above  ten,  and  not  exceeding  thirty,  one  vote; 
and  for  every  six  shares  above  thirty,  and  not  exceeding  sixty,  one  vote ; 
for  every  eight  shares  above  sixty,  and  not  exceeding  one  hundred,  one 
vote ;  and  for  every  ten  shares  above  that  number,  one  vote.  But  no 
person  or  persons,  bodies  corporate,  or  otherwise,  shall  be  entitled  to 
more  than  fifly  votes.  But  no  stockholder  shall  be  permitted  to  vote,  who 
has  not  held  his  stock  two  calendar  months  prior  to  the  day  of  election. 
All  stockholders,  living  in  the  city  of  Washington,  shall  vote  in  the  choice 
of  directors  by  ballot  in  person ;  but  every  stockholder,  living  out  of  said 
city,  may  vote  in  person  or  by  a  written  ballot,  by  him  or  her  subscribed 
with  his  or  her  name,  and  duly  acknowledged  before  a  judge  of  a  court, 
a  justice  of  the  peace,  or  a  notary  public ;  a  certificate  whereof  shall  be 
made  on  said  ballot  by  the  judge,  justice  of  the  peace,  or  notary  public, 
before  whom  such  acknowledgment  shall  be  made,  and  said  ballot  shall 
by  him  be  sealed  up,  and  addressed  to  the  cashier  of  the  bank ;  and  being 
transmitted  before  the  time  of  the  election,  shall  be  received  and  counted 
in  the  election.  No  person  who  is  not  a  citizen  of  the  United  States 
shall  be  entitled  to  vote  in  any  election  of  this  corporation :  Provided 
nevertheless,  that  this  section  may  at  any  time  hereafter  be  altered  or 
amended  by  Congress,  in  such  manner  as  they  may  see  fit,  so  as  to  pro- 
vide for  an  annud  rotation  of  the  directors. 

Sec.  5.  And  be  it  further  enacted.  That  a  general  meeting  of  the 
stockholders  of  the  said  bank  shall  be  holden  on  the  first  Monday  of 
January,  in  the  year  eighteen  hundred  and  twelve,  and  on  the  first  Mon- 
day of  January  in  every  year  thereafter,  at  such  place  as  the  president 
and  directors  shall  appoint,  by  giving  four  weeks'  notice  in  one  or  more 
of  the  newspapers  of  the  city  of  Washington,  for  the  purpose  of  electing 
directors  for  the  ensuing  year,  who  shall  meet  on  the  day  succeeding 
their  election,  and  shall  immediately  proceed  to  choose  a  president;  and 
the  president  and  directors  for  the  time  being  shall  continue  in  office 
until  others  shall  be  duly  elected  in  their  places,  and  be  organized  by 
the  assembling  of  a  quorum,  and  the  choice  of  a  president  At  all  elec- 
tions the  persons  having  the  greatest  number  of  votes  shall  be  deemed 
to  be  chosen.    All  elections  shall  be  held  under  the  superintendence  of 


ELEVENTH  CONGRESS.    Sess.  HI.  Gh.  Itf.    1811. 


037 


the  president  of  the  bank  for  the  time  being  and  four  stockholders,  not 
being  at  the  time  directors,  appointed  by  the  board  of  directors,  any 
three  of  whom  shall  be  judges  thereof.  They  shall  immediately  there- 
after notify  the  persons  elected  to  meet  the  ensuing  day  at  tlie  bank,  and 
shall  make  a  return  of  the  persons  elected  at  their  first  meeting.  Should 
two  or  more  persons  have  an  equal  number  of  votes,  the  other  individuals 
elected  directors  shall  determine  by  ballot  from  among  said  persons,  who 
shall  be  the  director  or  directors.  All  elections  shall  be  opened  at  ten 
o'clock  in  the  forenoon,  and  closed  at  three  o'clock  in  the  afternoon. 

Sec.  6.  And  be  it  further  enacted.  That  the  president  and  directors 
shall  have  full  power  to  make,  revise,  alter  and  annul  all  such  rules, 
orders,  by-laws  and  regulations,  for  the  government  of  the  said  corpora- 
tion, and  that  of  its  officers,  servants  and  affairs,  as  they  shall,  from  time 
to  time,  think  expedient ;  and  to  use,  employ  and  dispose  of  the  capital 
stock,  funds  and  property  of  the  said  bank,  for  the  interest  and  benefit 
of  the  stockholders,  subject  only  to  the  restrictions  herein  contained; 
but  the  said  bank  shall  not  take,  for  discounting  any  bill  or  note,  more 
than  at  the  rate  of  six  per  cent  per  annum,  upon  the  amount  due  by 
such  bill  or  note. 

Sec.  7.  And  be  it  further  enacted,  That  all  promissory  notes,  bills  of 
exchange,  drafts,  checks  and  receipts,  for  the  payment  of  money,  made 
on  behalf  of  the  said  bank,  signed  by  the  president,  and  countersigned 
or  attested  by  the  cashier,  shall  be  obligatory  upon  the  said  body  corporate, 
and  shall  possess  the  like  qualities  as  to  negotiability,  and  the  holders 
thereof  shall  have  the  like  actions  thereupon,  as  if  such  promissory  notes, 
bills  of  exchange,  drafis,  checks  or  receipts,  had  been  made  by  or  on 
behalf  of  a  natural  person. 

Sec.  8.  And  be  it  further  enacted.  That  the  books,  papers,  corre- 
spondence and  funds  of  the  bank,  shall  at  all  times  be  subject  to  the 
inspection  of  the  directors.  And  the  said  president  and  directors  shall 
once  in  every  year  cause  to  be  laid  before  the  Secretary  of  the  Treasury 
of  the  United  States  an  account  truly  stating  the  situation  of  the  bank 
and  its  funds. 

Sec.  9.  And  be  it  further  enacted,  That  the  said  president  and  direc- 
tors shall  have  power  to  appoint  a  cashier,  and  all  other  officers  and  ser- 
vants, for  executing  the  business  of  the  said  bank,  and  to  establish  the 
compensation  to  be  made  to  the  president  and  all  other  officers  and  ser- 
vants of  the  said  bank  respectively.  But  no  compensation  shall  be  given 
to  a  director  for  his  services,  except  by  a  vote  of  the  stockholders  in 
general  meeting. 

Sec.  lO.  And  be  it  further  enacted.  That  the  president  and  directors 
shall  have  power  to  call  a  general  meeting  of  the  stockholders,  for  pur- 
poses concerning  the  interests  of  the  bank,  giving  at  least  six  weeks' 
notice  in  one  or  more  of  the  newspapers  of  the  city  of  Washington, 
specifying  in  such  notice  the  object  or  objects  of  such  meeting. 

Sec.  11.  And  be  it  further  enacted.  That  the  shares  of  capital  stock, 
at  any  time  owned  by  any  individual  stockholder,  shall,  be  transferable 
only  on  the  books  of  the  bank,  according  to  such  rules  as  may,  con- 
formably to  law,  be  established  in  that  behalf  by  the  president  and  direc- 
tors ;  but  all  debts  actually  due  and  payable  to  the  bank  (days  of  grace 
for  payment  being  past)  by  a  stockholder  requesting  a  transfer,  must  be 
satisfied  before  such  transfer  shall  be  made,  unless  the  president  and 
directors  shall  direct  to  the  contrary. 

Sec.  12.  And  be  ii  further  enacted,  That  the  dividends  of  the  profits 
of  the  company,  or  so  much  of  said  profits  as  shall  be  deemed  expedient 
and  proper,  shall  be  declared  half-yearly,  in  the  first  week  in  May  and 
November,  in  each  year ;  the  amount  of  said  dividend  shall,  from  time 
to  time,  be  determined  by  the  president  and  directors,  and  shall  in  no 
case  exceed  the  amount  of  the  net  profits  actually  acquired  by  the  corn- 


Powers  of  the 

S resident  snd 
irectors    to 
make  by-laws. 


Promissory 
notes,  &c.  fte. 
signed  by  the 
president    obli- 
gatory upon 
stockholders. 

&C.&C. 


Books,  kc. 
&c.  subject  to 
inspection  of 
directors. 

Reports  to  be 
made  to  the  Sec- 
retary of  the 
Treasury. 

President  and 
directors  to  ap- 
point  the  offi- 
cers, Sec.  BUin 


General  meet- 
ings of  the 
stockholders. 


Shares  how 
transferable, 
&c.  &c. 


Diyidendsy 
fcc.  fcc.  when  to 
be  declared,  fce. 


ELEVENTH  CONGRESS.    Sbss.  III.  Gh.  16.    1811. 


Limitation  of 
Diacoiiota. 


Bank  not  to 
own  Towelt  or 
to  be  concerned 
in  trade. 


Bank  not  to 
hold  real  pro- 
perty but  in  cer- 


Vacancies  in 
the  board  of  di- 
rector! how  to 
be  fiUed. 

Meetings  of 
stockholders. 


Bank  restrict- 
•d  as  to   its 
debts. 


pany,  so  that  the  capital  stock  of  the  said  company  shall  nerer  be  im- 
paired by  dividends. 

Sec.  13.  And  ht  it  further  enacted,  That  the  said  bank  shall  not  at 
any  time  discount  or  loan  a  greater  sum  than  double  the  amount  of  the 
capital  stock  thereof,  which  shall  be  actually  paid  in. 

9bc.  14.  Atid  be  it  Jurther  enacted.  That  if  the  said  directors  shall 
at  any  time  wilfully  and  knowingly  make  or  declare  any  dividend,  which 
shall  impair  the  said  capital  stock,  all  the  directors  present  at  the  making 
or  declaring  of  said  dividend,  and  consenting  thereto,  shall  be  liable  in 
their  individual  capacities  to  the  company  for  the  amount  or  proportion 
of  said  capital  stock  so  divided  by  the  said  directors ;  and  each  director, 
who  shall  be  present  at  the  making  or  declaring  such  dividend,  shall  be 
deemed  to  have  consented  thereto,  nnless  he  shall  immediately  enter,  in 
writing,  his  dissent  on  the  minutes  of  the  proceedings  of  the  board,  and 
give  notice  thereof  to  the  Secretary  of  the  Treasury  of  the  United  States. 

Sec.  15.  And  be  it  Jurther  enacted,  That  the  bink  shall  in  no  case 
be  owners  of  any  ships  or  vessels,  or  directly  or  indirectly  be  concerned 
in  trade,  or  the  importation  or  exportation,  purchase  or  sale,  of  any  goods, 
wares  or  merchandise  whatever,  except  bills  of  exchange,  bullion,  stock 
of  the  United  States,  or  of  incorporated  institutions,  and  such  ships, 
vessels,  goods,  wares  or  merchandise,  as  shall  be  truly  pledged  to  them 
by  way  of  security  for  debts  due,  owing  or  growing  due  to  the  said  bank, 
or  purchased  by  it  to  secure  such  debts. 

Sec.  16.  And  be  it  further  enacted.  That  the  bank  shall  not  purchase 
or  hold  any  lands,  tenements  or  other  real  estates,  other  than  what  may 
be  necessary  for  the  convenient  transaction  of  its  business,  unless  such 
lands,  tenements  and  real  estates  shall  have  been  bona  fide  mortgaged 
to  the  bank  by  way  of  security,  or  conveyed  to  it  in  satisfaction  of  debts 
previously  contracted  in  the  course  of  dealings,  or  purchased  to  secure 
debts  contracted  with  or  due  to  the  bank ;  and  in  every  instance  in  which 
the  bank  may  become  the  owners  or  claimants  of  lands,  tenements  -or 
real  estates,  the  president  and  directors  are  empowered  to  sell  or  dispose 
of  the  same,  in  such  manner  as  they  may  deem  beneficial  for  the  said 
bank. 

Sec.  17.  And  be  it  further  enacted.  That  if.  any  vacancy  shall  at  any 
time  happen  among  the  directors  by  death,  resignation  or  otherwise,  the 
rest  of  the  directors,  for  the  time  being,  shall  dect  a  director  to  fill  the 
Vacancy. 

Sec.  18.  And  be  it  further  enacted.  That  any  number  of  stockholders, 
who  shall  be  proprietors  of  not  less  than  two  thousand  shares,  may,  for 
any  purpose  relative  to  the  institution,  at  any  time  apply  to  the  president 
and  directors  to  call  a  general  meeting  of  the  stockholders,  and  if  by  them 
refused,  the  said  number  of  stockholders,  proprietors  of  not  less  than  the 
number  of  shares  aforesaid,  shall  have  power  to  call  a  general  meeting 
of  the  stockholders,  giving  at  least  sixty  days'  notice  in  one  or  more  of 
the  public  newspapers  of  the  city  of  Washington,  specifying  in  such 
notice  the  object  or  objects  of  such  call. 

Sec.  19.  And  be  it  further  enacted,  That  the  total  amouilt  of  the  debts, 
which  the  said  corporation  shall  at  any  time  owe,  whether  by  bond,  bill, 
note  or  other  contract,  shall  not  exceed  twice  the  amount  of  their  capi- 
tal stock  actually  paid  over  and  above  the  monies  then  actually  deposited 
in  the  bank  for  safe  keeping.  In  case  of  excess,  the  directors,  under 
whose  administration  it  shall  happen,  shall  be  liable  for  the  same,  in  their 
natural  and  private  capacities ;  and  an  action  of  debt  may  in  such  case 
be  brought  against  them,  or  any  of  them,  their  or  any  of  their  heirs,  exe- 
cutors, or  administrators  in  any  court  proper  to  try  the  same  by  any 
creditor  or  creditors  of  said  corporation,  and  may  be  prosecuted  to  judg. 
ment  and  execution ;  any  condition,  covenant  or  agreement  to  the  con- 
trary notwithstanding.    But  this  shall  not  be  construed  to  exempt  said 


ELEVENTH  CONGRESS.    Siss.  lU.  Gh.  17.    1811. 


corporation,  or  the  lands,  tenements,  goods  or  chattels  of  the  same  from 
being  also  liable  for  and  chargeable  with  said  excess.  Such  of  said 
directors  who  may  have  been  absent  when  said  excess  was  contracted 
or  created,  or  who  may  have  dissented  from  the  resolution  or  act  whereby 
the  same  was  so  contracted  or  created,  may  respectively  exonerate  them- 
selves  from  being  so  liable  by  forthwith  giving  notice  of  the  fact,  and  of 
their  absence  or  dissent,  to  the  Secretary  of  the  Treasury  of  the  United 
States,  and  to  the  stockholders  at  a  general  meeting  which  they  shall 
have  power  to  call  for  that  purpose ;  and  the  body  corporate,  hereby 
created,  and  the  capital  stock  thereof,  shall  be  liable  for  all  the  debts 
and  engagements  contracted,  or  which,  before  or  on  the  said  fourth  day 
of  March,  in  the  year  eighteen  hundred  and  eleven,  shall  be  contracted 
by  the  company  or  co-partnership  heretofore  created  by  the  articles  of 
association  herein  before  mentioned,  and  which  carried  on  the  banking 
business  under  the  name  and  style  of  "  The  President  and  Directors  of 
the  Bank  of  Washington ;"  and  the  creditors  of  the  said  co-partnership 
shall  have  the  like  remedy  by  action,  against  the  said  body  corporate,  as 
they  had  or  have,  or  mav  or  can  have,  against  the  said  copartnership. 

Sec.  20.  And  be  it  further  enacted,  That  in  case  it  should  at  any 
time  happen,  that  an  election  of  directors  should  not  be  made  on  any 
day  when,  pursuant  to  this  act,  it  ought  to  have  been  made,  the  said 
corporation  shall  not  for  that  cause  be  deemed  to  be  dissolved ;  but  it 
shall  be  lawful  on  any  other  day  to  hold  and  make  an  election  of  direc- 
tors, at  a  meeting  to  be  called,  in  such  manner  as  shall  be  prescribed  by 
the  laws  and  ordinances  of  the  said  corporation. 

Sec.  21.  And  he  it  further  enacted.  That  this  act  shall,  to  all  intents 
and  purposes,  be  deemed  and  held  a  public  act,  and  be  and  continue  in 
force  for  the  term  of  ten  years,  from  and  after  the  fourth  day  of  March, 
which  will  be  in  the  year  of  our  Lord  one  thousand  eight  hundred  and 
eleven,  and  no  longer. 

Approved,  February  15,  1811. 


LUbUity  of 
dir«eton. 


Election*. 


Thit  to  be 
deemed  a  pub- 
lic act. 


Statutb  in. 


Chap.  XV IT.— %tfn  JId  toincorporate  the  tubaeriben  to  the  Farmen^  Bank  if  Alex-     Feb.  16, 1811. 

andria* 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United  Bank  bcor. 
States  of  America  in  Congress  assembled,  That  the  present  subscribers  P®'*^' 
to  the  Fanners'  Bank  of  Alexandria,  as  well  as  those  who  shall  hereafter 
become  subscribers  to  the  same,  their  successors  and  assigns,  shall  be, 
and  they  are  hereby  created  a  corporation  and  body  politic  by  the  name 
and  style  of  the  Farmers'  Bank  of  Alexandria ;  and  by  that  name  and 
style  shall  be  and  are  hereby  made  able  and  capable  in  law  to  have,  pur- 
chase, receive,  possess,  enjoy  and  retain,  to  them  and  their  successors, 
lands,  rents,  hereditaments,  goods,  chattels  and  effects,  of  what  kind, 
nature  or  quality  soever :  and  the  same  to  sell,  grant,  demise,  alien  or 
dispose  of;  to  sue  and  be  sued,  plead  and  be  impleaded,  answer  and  be 
answered,  defend  and  be  defended,  in  courts  of  record  or  any  other 
place  whatsoever,  subject  nevertheless  to  the  rules,  regulations,  restric- 
tions, limitations  and  provisions  herein  after  prescribed  and  declared. 

Sec.  2.  And  be  it  further  enacted.  That  the  capital  stock  of  said  cor-  Capital  to  con. 
poration  may  consist  of  five  hundred  thousand  dollars,  divided  into  shares  J^y  J^  fiOO,000 
of  fifty  dollars  each ;  and  subscriptions,  towards  filling  up  the  remaining 
part  of  said  stock  not  already  subscribed,  may  be  opened  by  the  presi- 
dent and  directors  of  the  bank,  at  such  times  and  places,  and  under  such 
regulations,  as  they  shall  direct ;  and  it  shall  be  lawful  for  any  person,  a 
citizen  of  the  United  States,  to  subscribe ;  and  it  shall  be  the  duty  of  the 
president  and  directors  to  give  notice  in  two  newspapers,  or  more,  pub- 
lished in  the  district  of  Columbia,  of  the  times  and  places  of  opening 

3o2 


630 


ELEVENTH  CONGRESS.    Sess.  III.  Ch.  17.    1811. 


Not  to    hold 
real  property, 
bot  for  certain 
purpoeef. 


Directors,  fcc. 
ftc. 


ProTiso. 


Directors  to 
have  no  emolu- 
ment. 

Compensation 
of  the  president. 

Officers  of  the 
bank. 


Rules,  fcc. 
*c. 


Votes. 


such  subscriptions,  at  least  thirty  days  previous  thereto;  and  each  of 
said  subscriptions  shall  be  kept  open  one  day  at  least,  and  such  further 
time  as  said  directors  may  order. 

Sec.  3.  And  be  it  fwrtlier  enacted^  That  the  lands,  tenenients  and 
hereditaments,  which  it  shall  be  lawful  for  the  said  corporation  to  hold, 
shall  be  only  such,  as  shall  be  requisite  for  its  immediate  accommodation, 
in  relation  to  the  convenient  transaction  of  its  business,  and  such  as  shall 
have  been  conveyed  to  it,  in  satisfaction  of  debts  previously  contracted 
in  the  course  of  its  dealings,  or  purchased  at  sales  on  judgments,  which 
shall  have  been  obtained  for  such  debts;  nor  shall  this  corporation 
directly  or  indirectly  deal  in  or  trade  in  any  thing,  except  bills  of  ex- 
change, gold  or  silver  bullion;  or  in  the  sale  of  goods,  really  and  truly 
pledged  for  money  lent,  and  not  redeemed  in  due  time ;  or  of  goods 
which  shall  be  the  produce  of  its  land;  or  of  goods  sold  by  virtue  of  an 
execution,  on  .a  judgment  obtained  by  them. 

Sec.  4.  And  he  it  further  enacted^  That  for  the  well  ordering  the 
affairs  of  the  said  corporation,  there  shall  be  thirteen  directors,  of  whom 
there  shall  be  an  election  on  the  first  Monday  in  January,  in  each  year, 
by  the  stockholders  or  proprietors  of  the  capital  stock  of  the  said  corpo- 
ration, and  by  plurality  of  the  votes  actually  given ;  and  those  who  shall 
be  duly  chosen  at  any  election  shall  be  capable  of  serving  as  directors, 
by  virtue  of  such  choice,  until  the  end  or  expiration  of  the  Monday  of 
January  next  ensuing  the  time  of  such  election,  and  until  others  shall 
be  chosen.  But  the  first  election  of  directors  under  this  act  shall  not 
take  place,  until  the  first  Monday  in  January,  in  the  year  one  thousand 
eight  hundred  and  twelve ;  and  the  said  directors,  at  their  first  meeting 
after  each  election,  shall  choose  one  of  their  number  as  President  No 
person,  a  director  of  another  bank,  shall  be  a  director  of  this  bank : 
Provided,  that  in  case  it  should  at  any  time  happen,  that  an  election  of 
directors  should  not  be  made  upon  any  day,  when  pursuant  to  this  act 
it  ought  to  have  been  made,  the  corporation  shall  not  for  that  cause  be 
deemed  to  be  dissolved ;  but  it  shall  be  lawful  on  any  other  day,  within 
fifleen  days  thereafler,  to  hold  and  make  an  election  of  directors,  in  such 
manner  as  shall  have  been  regulated  by  the  laws  and  ordinances  of  said 
corporation. 

Sec.  5.  And  he  it  further  enacted,  That  no  director  shall  be  entitled 
to  any  emolument,  unless  the  same  shall  have  been  allowed  by  the  stock- 
holders at  a  general  meeting.  The  directors  shall  make  such  compensa- 
tion to  the  president,  for  his  extraordinary  attendance  at  the  bank,  as  to 
them  shall  appear  reasonable. 

Sec.  6.  And  he  it  further  encuted,  That  the  directors  for  the  time 
being  shall  have  power  to  appoint  such  officers  and  servants  under  them, 
as  may  be  necessary  for  executing  the  business  of  the  said  corporation, 
and  to  allow  them  such  compensation  for  their  services  respectively,  as 
shall  seem  reasonable :  and  shall  be  capable  of  exercising  such  other 
powers  and  authorities  for  the  well  governing  and  ordering  of  the  affairs 
of  the  said  corporation  as  shall  be  described,  fixed  and  determined  by 
the  laws,  regulations  and  ordinances  of  the  same. 

Sec.  7.  And  be  it  further  enacted,  That  the  president  and  directors 
shall  determine  the  manner  of  doing  business,  and  the  rules  and  forma 
to  be  pursued,  and  dispose  of  the  money  and  credit  of  the  bank  in  such 
manner  as  shall  seem  to  them  best  calculated  to  promote  the  interest  of 
the  proprietors. 

Sec.  8.  And  he  it  farther  enacted,  That  stockholders  shall  vote,  at 
all  elections  for  directors,  by  ballot,  in  person,  except  those  who  shall 
reside  out  of  the  town  of  Alexandria,  who  may  vote  either  in  person,  or 
by  a  written  ballot,  by  him  or  her  subscribed  with  his  or  her  name,  and 
duly  acknowledged  before  a  judge  of  a  court,  a  justice  of  the  peace  or 
notary  public;  a  certificate  whereof  shall  be  made  on  said  ballot,  by  the 


ELEVENTH  CONGRESS.    Sb9s.  III.  Ca.  17.    1811. 


631 


said  judge,  justice  of  the  peace  or  notary  public,  before  whom  such 
acknowledgment  shall  be  made,  and  said  ballot  shall  be  sealed  up  and 
directed  to  the  cashier  of  the  bank ;  and  being  transmitted  to  said  cash- 
ier, before  the  time  of  the  election,  shall  be  received  and  counted  in  the 
choice  of  directors.  No  share  or  shares  shall  confer  a  right  of  suffrage, 
which  shall  not  have  been  holden  two  calendar  months  previous  to  the 
day  of  election ;  and  the  number  of  votes  to  which  each  stockholder 
shall  be  entitled  shall  be  in  proportion  to  the  number  of  shares  he  shall 
hold,  as  follows :  For  one  share,  and  not  exceeding  two  shares,  one 
vote  each ;  for  every  two  shares  above  two,  and  not  exceeding  ten,  one 
vote ;  for  every  four  shares  above  ten,  and  not  exceeding  thirty,  one  vote; 
for  every  six  shares  above  thirty,  and.  not  exceeding  sixty,  one  vote ;  for 
every  eight  shares  above  sixty,  and  not  exceeding  one  hundred,  one  vote ; 
and  for  every  ten  shares  above  that  number,  one  vote ;  but  no  person  or 
persons,  bodies  corporate  or  otherwise,  shall  be  entitled  to  more  than 
&hy  votes :  Provided,  that  this  section  may  at  any  time  hereafter  be 
altered  or  amended  by  Congress,  in  such  manner  as  they  may  see  fit,  so 
as  to  provide  for  an  annual  rotation  of  directors. 

Sec.  9.  And  be  it  further  enacted.  That  one  month  previous  to  each 
election  of  directors,  the  cashier  shall  cause  to  be  made  out  a  correct 
list  of  all  the  stockholders,  which  shall  be  subject  to  the  infection  of 
any  stockholder. 

Sec.  10.  And  he  it  further  enacted,  That  no  person  shall  be  eligible 
to  hold  the  oflice  of  president  or  director,  who  is  not  a  citizen  of  the 
United  States  and  a  bona  fide  stockholder. 

Sec.  IJ.  And  he  it  further  enacted,  That  a  majority  of  the  whole 
number  of  directors,  shall  be  necessary  in  the  choice  of  a  president  and 
cashier ;  but  three  members,  with  the  president,  may  constitute  a  board 
for  transacting  the  ordinary  business  of  the  bank. 

Sec.  12.  And  he  it  further  enacted.  That  the  president  and  directors 
shall,  as  soon  as  they  may  deem  it  expedient,  declare  a  dividend  of  pro- 
fits; and  every  half  year  thereafter,  shall  make  and  declare  such  dividends 
of  profit,  as  they  may  deem  proper ;  but  no  dividend  shall  be  declared, 
except  by  a  majority  of  all  the  directors. 

Sec.  13.  And  he  it  further  enacted,  That  the  president  and  directors 
shall  keep  a  book  in  which  their  proceedings  at  their  meetings,  as  a 
board,  shall  be  regularly  recorded,  and  upon  every  question  which  may 
occur,  the  ayes  and  noes  thereupon  shall  be  noted,  which  record  book 
shall  at  all  times  be  open  to  the  inspection  of  any  stockholder,  not  being 
a  director,  officer  or  servant  of  any  other  bank,  who  shall,  six  months 
previous  to  his  application,  be  the  proprietor  of  stock,  to  the  amount  of 
three  thousand  dollars. 

Sec.  14.  And  he  it  further  enacted,  That  any  number  of  stockholders, 
not  less  than  twenty,  owning  together  fifty  thousand  dollars  of  stock, 
shall  be  at  liberty  to  call  a  meeting  of  the  stockholders  at  any  time,  and 
may  appoint  three  of  their  number  as  a  committee  to  examine  into  the 
state  and  condition  of  the  bank  and  the  manner  in  which  its  affairs  have 
been  conducted :  Provided,  that  no  member  of  such  committee  shall  be 
a  director,  president  or  other  officer  or  servant  of  any  other  bank. 

Sec.  15.  And  he  it  further  enacted,  That  the  president  and  cashier 
shall  respectively  give  bond  and  security,  and  also  take  an  oath,  for  the 
faithful  discharge  of  their  duties ;  the  president  in  the  sum  of  twenty 
thousand  dollars,  and  the  cashier  in  the  sum  of  thirty  thousand  dollars; 
the  other  officers  and  servants  shall  also  take  an  oath,  and  enter  into 
bond  and  security  in  such  sums  as  the  president  and  directors  may  pre- 
scribe. 

Sec  16.  And  he  it  further  enacted.  That  the  said  bank  shall  not  at 
any  time  discount  or  loan  a  greater  sum  than  double  the  amount  of  the 
capital  stock  thereof,  which  shall  be  actually  paid  in. 


Stockholder! 
only  to  be  preti* 
dent  or  director. 

A  majority  of 
the  whole  num- 
ber of  director! 
neceeiUT  to  the 
choice  of  a 
cashier. 

Dividend! 
how  and  when 
to  be  declared. 


A  book  to  be 
kept  in  which 
the  proceedings 
of  the  boaiil  are 
to  be  entered. 


Meeting!  of 
etockholder!, 
&c.  frc. 


Preiident  and 
CAKhier  to  gire 
bond,  &c.  &c. 


Limitation  of 
loans  or  dis* 
counts. 


632 


ELEVENTH  CONGRESS.    Ssss.  HI.  Ch.  17.    1811. 


Notes,  fce.ltc. 
to  be  tigpied  by 
the  president 
and  caahier. 


of  die. 
count  or  inter- 
eft. 


Transfer 
shares. 


of 


Stockholders 
members. 


In  the  absence 
of  the  president, 
his  place  to  be 
sapplied  by  the 
board. 


Vacanciesy 
how  to  be  filled. 


Accommoda- 
tions limited. 

Stockholders 
to  forfeit  their 
dividends  upon 
unpaid  shares. 


CapiUl  stock 
not  to  be  impair- 
ed in  ditidends. 


Proviso. 


Roles,  kc. 
&c.  may  be 
altered. 


Sec.  17.  And  he  it  Jurther  enacted.  Thai  all  bills,  bonds,  notes  and 
every  contract  or  engagement,  on  behalf  of  the  corporation  for  the  pay- 
ment of  money,  shall  be  signed  by  the  president,  and  countersigned  by 
the  cashier ;  and  the  funds  of  the  corporation  shall  in  no  case  be  liable 
for  any  contract  or  engagement,  unless  the  same  shall  be  signed  and 
countersigned  as  aforesaid ;  and  the  president  and  directors  shall  not 
issue  any  note  for  a  smaller  sum  than  five  dollars. 

Sec.  18.  And  be  it  further  enacted,  That  it  shall  not  be  lawful  for  the 
president  and  directors,  to  demand  or  receive  a  greater  discount  or  inte- 
rest than  at  the  rate  of  one  per  cent,  for  sixty  days,  upon  any  loans  or 
advances  of  money  which  they  may  make. 

Sec.  19.  And  be  it  further  enacted,  That  the  shares  of  the  capital  stock 
shall  be  transferable  at  any  time,  according  to  such  rules  as  may  be  estab- 
lished by  the  president  and  directors ;  but  no  stock  shall  be  transferred, 
the  holder  thereof  being  indebted  to  the  bank,  until  such  debt  be  satis- 
fied, except  the  president  and  directors  shall  otherwise  order  it 

Sec.  20.  And  be  it  further  enacted.  That  every  stockholder,  whether 
he  be  so  by  original  subscription  or  by  transfer,  shall  be  considered  as  a 
member  of  this  corporation,  and,  when  he  ceases  to  be  a  stockholder,  he 
shall  cease  to  be  a  member. 

Sec.  21.  And  be  it  further  enacted.  That  it  shall  be  the  duty  of  the 
president,  or  in  his  absence,  such  one  of  the  directors  as  they  shall  ap- 
point to  supply  his  place  for  the  time,  to  preside  at  the  board  of  direc- 
tors, to  vote  on  all  questions,  to  minute  the  proceedings  of  the  board,  to 
cause  all  the  orders  and  resolutions  of  the  board  to  be  carried  into  effect, 
to  sign  all  bonds,  bills,  notes  or  other  engagements,  which  the  board  of 
directors  may  from  time  to  time  direct  to  be  issued  for  the  payment  of 
money,  and  generally  to  superintend  the  affairs,  and  to  watch  over  the 
interest  of  this  corporation. 

Sec.  22.  And  be  it  further  enacted.  That  if  a  vacancy  shall  at  any 
time  happen  in  the  office  of  president,  director,  cashier,  or  any  other 
officer  or  servant  of  the  bank,  by  death,  resignation,  disqualification  or 
otherwise,  the  same  may  be  filled  by  a  majority  of  the  directors  for  the 
time  being. 

Sec.  23.  And  be  it  Jurther  enacted,  That  no  standing  or  unlimited 
accommodation  shall  be  granted. 

Sec.  24.  And  be  it  further  enacted,  That  if  any  stockholder  shall  fail 
to  pay  up  the  several  instalments  upon  his  subscription,  as  the  same  may 
become  due,  his  dividends  upon  such  instalments  as  he  may  have  paid 
shall  cease  as  to  him,  and  remain  to  the  use  and  benefit  of  the  other 
members  of  the  corporation. 

Sec.  25.  And  be  it  further  enacted,  That  if  the  president  and  direc- 
tors shall  at  any  time  wilfully  and  knowingly  make  and  declare  any 
dividend  which  shall  impair  the  capital  stock,  or  shall  wilfully  and  know- 
ingly violate  or  infringe  any  of  the  foregoing  articles  of  this  corporation, 
all  the  directors  present  at  the  making  or  declaring  such  dividends,  or 
violating  or  infracting  such  article  or  articles,  and  consenting  thereto, 
shall  be  liable  in  their  individual  capacities  to  the  corporation,  for  the 
amount  or  proportion  of  said  capital  stock  so  divided,  and  also  for  any 
injury  or  damage  that  may  accrue  to  creditors,  in  consequence  of  any 
such  violation  or  infraction  as  aforesaid ;  and  each  director  who  shall  bo 
present  shall  be  deemed  to  have  assented  thereto,  unless  he  shall  cause 
his  dissent  to  be  entered  upon  record :  Provided,  that  nothing  herein 
contained  shall  be  construed  to  exempt  the  corporation  from  any  liability, 
to  any  person  or  persons,  which  otherwise  the  said  corporation  might 
incur. 

Sec.  26.  And  be  it  further  enacted.  That  the  president  and  directors 
shall  have  power,  a  majority  of  their  whole  number  concurring,  to  make, 
revise,  alter  or  annul  all  such  rules,  orders  or  by-laws,  for  the  govern* 


ELEVENTH  CONGRESS.    Sim.  IIL  Ch.  la    1811. 


ttent  (^  the  eorporation,  and  thai  of  their  officers,  senranta  and  affairs, 
as  thej  may  from  time  to  time  think  expedient,  not  inconsistent  with 
law. 

Sec.  27.  And  he  it  fitrtJker  enacted.  That  any  number  of  stockholders 
not  less  than  twenty,  who  together  shall  be  proprietors  of  two  thousand 
shares,  may  for  any  purpose  relative  to  this  corporation,  at  any  time 
^ply  to  the  president  and  directors  to  call  a  genera]  meeting  of  the 
stockholders,  and  if  by  them  refused,  the  said  number  of  stockholders, 
proprietors  of  not  less  than  that  number  of  shares  shall  have  power  to 
call  a  general  meeting  of  the  stockholders,  giving  at  leakt  thirty  dsys" 
notice  in  one  newspaper  printed  within  the  town  of  Alexandria,  and  one 
printed  within  the  city  of  Washington,  specifying  in  such  notice  the 
object  or  objects  of  such  call. 

Sec  28.  And  be  it  further  enacted.  That  the  Secretary  of  the  Trea- 
sury of  the  United  States  shall  be,  (at  least  once  in  every  year)  furnished, 
from  time  to  time,  as  he  may  require  it,  with  statements  of  the  amount 
of  the  capital  stock  of  the  said  corporation,  and  of  the  debts  due  to  the 
same,  of  the  monies  deposited  therein,  of  the  notes  in  circulation,  and 
of  the  cash  in  hand,  and  shall  have  a  right  to  inspect  such  general 
accounts  in  the  b<x>ks  of  the  bank,  as  shall  relate  to  the  said  statements : 
Provided,  that  this  shall  not  be  construed  to  imply  a  right  of  inspecting 
the  account  of  any  private  individual  or  individuals  with  the  bank. 

Sic.  29.  And  he  U  further  enacted.  That  this  corporation  shall  con- 
tinue until  the  first  day  of  January,  in  the  year  one  thousand  eight  hun- 
dred and  twenty-one :  But  nevertheless,  the  proprietors  of  two  thirds  of 
the  capital  stock  of  the  company  may,  by  their  concurrent  votes  at  a 
generaJ  meeting,  to  be  called  for  that  purpose,  dissolve  the  same  at  an 
earlier  period :  Prmoided,  that  notice  of  such  meeting  and  its  object  shall 
be  published  in  two  or  more  newspapers,  printed  within  the  district  of 
Columbia,  for  at  least  three  months  successively,  previous  to  the  time 
appointed  for  such  meeting. 

Sac  30.  And  be  %t  further  enacted.  That  on  the* dissolution  of  this 
corporation,  whenever  the  same  shall  be  determined  on  as  aforesaid, 
effectual  measures  shall  be  immediately  taken  by  the  president  and  direc- 
tors, then  in  office,  for  closing  all  the  concerns  of  the  corporation  and 
for  dividing  the  capital  and  profits  which  may  remain,  among  the  stock- 
holders in  proportion  to  their  respective  interests. 

Sec.  31.  And  be  it  further  enacted.  That  this  act  shall  not  take  effect 
until  the  fourth  day  of  March,  which  will  be  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  eleven,  and  shall  to  all  intents  and  purposes 
be  deemed  and  held  a  public  act. 

Approved,  February  16, 1811. 


Meetinga    of 
the    ttockhold. 


Secretary  of 
the  TreMorjr  to 
be  fhrnlabed 
withattatement 
of  the  bank  a^ 
fain. 


Proviao. 


On  the  dlaao- 
lution  ef  tha 
corporation,  the 
capital,  &c.  &c. 
tooediTided. 


Commence- 
ment  of  thia  act. 


Statute  III. 


Chap.  XVIII.— ^n  Act  to  incorporate  the  Bank  cf  Potomac, 


Feb.  16, 1811. 


Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United  Bank  incor- 
Btates  of  America  in  Congress  assembled.  That  from  and  after  the  fourth  porated. 
day  of  March,  which  will  be  in  the  year  of  our  Lord  one  thousand  eight 
hundred  and  eleven,  all  those  who  have  or  hereafter  may  become  stock- 
holders in  the  Bank  of  Potomac,  their  successors  and  assigns,  shall  be 
and  they  are  hereby  created  and  made  a  body  politic,  by  the  name  and 
style  of  "  The  President,  Directors  and  Company  of  the  Bank  of  Poto- 
mac," and  so  shall  continue  until  the  fourth  day  of  March,  in  the  year 
of  our  Lord  one  thousand  eight  hundred  and  twenty-one,  and  no  longer; 
and  by  that  name  shall  have  succession ;  and  shall  be  and  are  hereby 
made  able  and  capable  in  law  to  have,  purchase  and  receive,  possess,  enjoy 
and  retain  to  them  and  their  successors,  lands,  rents,  tenements,  heredi- 
Uments,  goods,  chattels  and  effects  of  what  kind,  nature  or  quality  soever^ 

Vol.  II.— 80 


684 


ELEVENTH  CONGRESS.    Sbss.  III.  Ch.  18.    1811. 


The  lands,  fcc. 
to  be  held  bv  the 
bank,  ahall  be 
anch  on  I  J,  aa 
their  business 
maj  reqoire. 


Pionso. 


Capital. 


Elections. 
Votes,  &e. 


Regulations  io 
relation  to  elec- 
tions, fte.  &c. 


and  the  same  to  ael],  grant,  demise,  alien  or  dispose  of;  and  by  the  name 
aforesaid  may  sue  and  be  sued,  plead  and  be  impleaded,  answer  and  be 
answered,  defend  and  be  defended,  in  any  court  of  law  or  equity.  And 
by  the  name  aforesaid  may  do  and  execute  every  other  matter  and  thing, 
that  they  are  authorized  to  do  by  virtue  of  this  act :  Provided  aiwaifs, 
that  the  lands,  tenements  and  hereditaments,  which  it  shall  be  lawful  for 
the  said  president  and  directors  to  hold/ shall  be  only  such  as  shall  be 
requisite  for  their  immediate  accommodation,  in  relation  to  the  conve- 
nient transacting  their  business,  and  such  as  shall  have  been  bona  fide 
mortgaged  to  them  by  way  of  security,  or  conveyed  to  them  in  satisfac- 
tion of  debts  previously  contracted  in  the  course  of  their  dealings:  Pro- 
vided also,  that  the  said  president  and  directors  shall  not  purchase  any 
goods,  chattels  or  effects,  unless  such  as  are  sold  by  virtue  of  an  execu- 
tion upon  a  judgment  obtained  by  them,  except  such  articles  as  may  be 
necessary  for  them  in  transacting  the  business  of  the  bank ;  but  it  shall 
be  lawful  for  them  to  receive  and  hold  such  securities,  goods,  chattels 
and  effects,  by  way  of  deposit  for  advances  made  by  them  to  any  person 
or  persons,  and,  on  failure  of  payment,  the  same  to  sell  and  dispose  of  at 
public  sale. 

SjEC.  2.  And  he  it  Jwrther  enaetedf  That  the  capital  of  the  said  bank 
shall  consist,  as  it  iiow  does,  of  the  sum  of  five  hundred  thousand  dollars, 
divided  into  shares  of  one  hundred  dollars  each. 

Sec.  3.  And  be  it  fitrtker  enacted.  That  every  stockholder,  being  a 
citizen  of  the  United  States,  shall  be  entitled  to  vote  at  all  elections  to 
be  holden  by  the  stockholders  in  pursuance  of  this  act,  and  shall  have 
as  many  votes  in  proportion  to  the  stock  he  may  hold,  as  follows:  For 
one  share  and  not  exceeding  two  shares,  one  vote  each ;  for  every  two 
shares  above  two  and  not  exceeding  ten,  one  vote;  for  every  four  shares 
above  ten  and  not  exceeding  thirty,  one  vote ;  for  every  six  shares  above 
thirty  and  not  exceeding  sixty,  one  vote;  for  every  eight  shares  above 
sixty,  and  not  exceeding  one  hundred,  one  vote ;  and  for  every  ten  shares 
above  that  number,  one  vote.  But  no  person  or  persons,  bodies  corpo- 
rate or  otherwise,  shall  be  entitled  to  more  than  fifly  votes.  No  share 
or  shares  shall  confer  a  right  of  suffrage,  which  shall  not  have  been  holden 
two  calendar  months  previous  to  the  day  of  election.  And  in  the  choice 
of  directors,  every  stockholder  shall  vote  in  person,  (except  those  who 
shall  reside  out  of  the  town  of  Alexandria,)  who  may  vote  either  in  per- 
son or  by  a  written  ballot  by  him  or  her  subscribed,  with  his  or  her  name, 
and  duly  acknowledged  before  a  judge  of  a  court,  a  justice  of  the  peace, 
or  a  notary  public;  a  certificate  whereof  shall  be  made  on  said  ballot  by 
the  said  judge,  justice  of  the  peace  or  notary  public,  before  whom  such 
acknowledgment  shall  be  made ;  and  said  ballot  shall  be  by  him  sealed 
up,  and  addressed  to  the  cashier  of  the  bank,  and  being  transmitted  to 
said  cashier  before  the  time  of  the  election  of  directors,  said  ballot  shall 
be  received  and  counted  in  the  choice  of  directors.  And  every  stock- 
he  Ider  may  sell  and  transfer  his  stock  in  the  said  bank,  or  any  part  thereof, 
at  his  pleasure,  not  being  less  than  one  complete  share  or  shares,  the 
transfer  being  made  in  the  bank  books,  in  the  presence  and  with  the 
approbation  of  the  proprietor  or  his  lawful  attorney. 

Sec.  4.  And  be  it  further  enacted.  That  an  election  shall  be  held  in 
the  town  of  Alexandria  on  the  first  Monday  of  November  in  each  year, 
of  which  notice  shall  be  given  in  one  or  more  newspapers,  printed  in  the 
town  of  Alexandria,  four  weeks  at  least,  before  said  day  of  election.  And 
the  stockholders  shall  choose,  by  ballot,  from  among  the  stockholders, 
by  a  majority  of  votes,  twelve  directors,  for  the  term  of  one  year  there- 
af\er ;  and  on  resignation,  disqualification  or  removal  of  any  director,  out 
of  the  county  of  Alexandria,  in  the  district  of  Columbia,  or  out  of  the 
county  of  Fairfax,  in  the  state  of  Virginia,  the  other  directors,  at  their 
next  meeting  thereafter,  shall  elect  by  ballot  another  person,  qualified 


ELEVENTH  CONGRESS.    Sess.  III.  Ch.  18.     1811. 


635 


us  aforesaid,  in  hia  place,  for  the  residue  of  the  year.  The  directors  shall, 
at  the  first  meeting  aAer  every  general  election,  elect  by  a  majority  of 
their  whole  number,  by  ballot  from  amonj;  their  own  number,  a  presi- 
dent, who  shall  be  thereupon  entitled  to  all  the  powers  and  privileges  of 
one;  and  if  he  was  before  a  director,  another  director  shall  be  elected 
as  aforesaid,  so  as  to  keep  the  number  of  directors,  prescribed  by  this 
act,  exclusive  of  the  president,  entire ;  and  in  case  of  the  death,  resigna- 
tion or  removal  of  the  president,  out  of  the  county  of  Alexandria,  or 
county  of  Fairfax  aforesaid,  or  his  refusal  to  accept  his  office,  the  direc- 
tors shall  meet  as  soon  as  conveniently  can  be  thereafter,  and  elect 
another  person  for  president,  in  the  manner  before  directed ;  but  the 
president  and  directors  at  present  elected  by  the  stockholders,  shall  con- 
tinue to  act,  until  their  successors  are  chosen :  Proniefsd,  that  in  case  it 
should  at  any  time  happen,  that  an  election  of  directors  should  not  be 
made  upon  any  day,  when,  pursuant  to  this  act,  it  ought  to  have  been 
made,  the  corporation  shall  not  for  that  cause  be  deemed  to  be  dissolved, 
but  it  shall  be  lawful  on  any  other  day,  within  fifteen  days  thereafter,  to 
hold  and  make  an  election  of  directors,  in  such  manner,  as  shall  have 
been  regulated  by  the  laws  and  ordinances  of  said  corporation.  And 
providtd  nevertheless^  that  this  section  may  at  any  time  hereafter  be 
altered  or  amended  by  Congress,  in  such  manner  as  they  may  see  fit,  so 
as  to  provide  for  an  annual  rotation  of  the  directors. 

Sec.  5.  And  be  it  furthir  enacted.  That  there  shall  be  a  meeting  of 
the  directors  quarterly,  for  the  purpose  of  examining  the  affairs  of  the 
bank,  any  four  of  whom  shall  make  a  board ;  and  the  board  shall  have 
power  to  adjourn,  from  time  to  time;  and  the  president,  or  any  three  of 
the  directors  may  call  a  special  meeting  at  any  other  time  that  they  may 
think  proper. 

Sec.  6.  And  he  it  further  enacted.  That  the  board  of  directors,  by  a 
majority  of  votes,  shall  make  by-laws,  determine  the  manner  of  doing 
business,  and  the  ^rules  and  forms  to  be  pursued ;  and  dispose  of  the 
money  and  credit  of  the  bank,  for  the  interest  and  benefit  of  the  stock- 
holders; and  are  hereby  authorized  to  receive  for  discounts,  made  at  the 
said  bank,  at  the  rate;  and  not  exceeding  six  per  cent,  per  annum,  and 
make,  at  the  expiration  of  each  half  year,  a  dividend  of  the  profit,  or  such 
part  thereof,  as  they  may  think  prudent. 

Skc.  7.  And  be  it  further  enacted.  That  in  appointing  a  cashier  of  the 
said  bank,  and  all  other  officers,  a  majority  of  the  whole  directors  shall 
be  necessary  to  a  choice. 

Sec.  8.  And  be  it  further  enacted.  That  any  director,  officer,  or  other 
person,  holding  any  share  or  capital  of  the  said  bank  stock,  who  shall 
commit  any  fraud  or  embezzlement,  touching  the  money  or  property  of 
said  bank,  shall  be  liable  to  be  prosecuted,  in  the  name  of  the  United 
States,  by  indictment  for  the  same ;  and  upon  conviction  thereof,  shall, 
besides  the  remedy  that  may  be  had  by  action,  in  the  name  of  the  Pre- 
sident and  Directors  of  the  Bank  of  Potomac,  for  the  fraud  aforesaid,  for- 
feit to  the  company  all  his  share  and  stock  in  the  said  bank. 

Sec.  9.  Ana  be  it  further  enacted.  That  the  said  bank  shall  not  at  any 
time  discount  or  loan  a  greater  sum  than  double  the  amount  of  the  capital 
stock,  which  shall  be  actually  paid  in. 

Sec.  10.  And  be  it  further  enarted,  That  no  stockholder  or  member 
of  said  company,  shall  be  answerable  for  any  losses,  deficiencies  or  failure 
of  the  capital  stock  of  the  said  bank,  for  any  more  or  larger  sum  or  sums 
of  mouey  whatsoever,  than  the  amount  of  the  stock,  stocks  or  shares, 
which  shall  appear  by  the  books  of  said  company  to  belong  to  him  at  the 
time  or  times  when  such  loss  or  losses  shall  be  sustained,  except  as  is 
hereafter  excepted,  that  is  to  say :  If  the  total  amount  of  the  debts 
which  said  company  shall  at  any  time  owe,  whether  by  bond,  note,  bill 
or  other  contract,  shall  exceed  twice  the  amount  of  the  capital  stock  of 


ProviM. 


This  section 
may  be  amend- 
ed Dy  CoDgreai. 

Meetinga  of 
the  directora. 


Poweraofthe 
board  of  direct- 


A  m^ority  of 
the   directora 
required,    for 
choosing  ofB- 
cera. 

Fraods,  kc, 
Sec.  how  to  be 
punlabed. 


Limitation  of 
diacounta. 

Extent  of  th« 
liability  of 
atockholdera. 


ELEVENTH  CONGRESS.    Sbss.  IH.  Ch.  19.    1811. 


Director!  who 
■re  absent,  not 
to  be  liable,  if 
they  give  notice 
to  the  atock. 
holdera. 


Notes  for  a 
amtUer    tarn 
than  five  dollara 
not  to  be  issued. 

Affairs  of  the 
bank  to  be  an* 
nnallj  laid  be- 
fore Secretary 
of  Treasury. 

Directors  not 
entitl«id  to  any 
emolument,  but 
by  a  decision  of 
the  board. 

None  but  eiti- 
sens  of  the  U. 
States  and  in. 
habiUnUof  Al- 
•exaodria  or 
FaiHax  counties 
eligible. 

General  meet- 
inn  may  be  call- 
ed by  the  stock- 
bolder*. 


the  said  bank,  over  and  above  the  monies  actaallj  deposited  in  the  bank 
for  safe  keeping,  then,  in  case  of  snch  excess,  the  directors,  under  whose 
administration  it  shall  happen,  shall  be  liable  for  such  excess  in  their 
natural  and  private  capacities :  and  an  action  or  actions  of  debt  may  be 
brought  against  them  or  any  of  their  heirs,  executors  or  administrators, 
in  any  court  of  record  within  the  district  of  Columbia,  bv  any  creditor 
or  creditors,  of  said  company,  and  may  be  prosecuted  to  judffment  and 
execution,  any  condition  or  covenant,  or  agreement,  to  the  contrarjr  not- 
withstanding ;  but  this  shall  not  be  construed  to  exempt  the  said  body 
politic,  or  lands,  tenements,  goods  or  chattels  of  the  same,  from  being 
also  liable  for,  and  chargeable  with  said  excess :  Provided,  that  such  of 
the  said  directors,  who  may  have  been  absent  when  said  excess  was  con- 
tracted, or  created,  or  who  may  have  dissented  from  the  resolution  or 
act,  whereby  the  same  was  so  contracted  or  created,  may  respectively 
exonerate  themselves  from  being  so  liable,  by  forthwith  giving  notice  of 
the  fact,  and  of  their  absence  or  dissent,  to  the  mayor  of  the  town  of 
Alexandria,  for  the  time  being,  and  to  the  stockholders,  at  a  general 
meeting  which  he  or  they  shall  have  power  to  call  for  that  purpose.  And 
in  case  the  directors,  by  whose  act  such  excess  shall  be  occasioned,  shall 
not  have  property  to  pay  the  amount  of  such  excess,  then  each  and  every 
stockholder,  shall  be  liable  in  their  private  capacities  for  the  deBciencies, 
in  proportion  to  their  respective  shares  in  the  said  bank. 

Sec.  11.  And  be  itjurther  enacted,  That  the  said  president  and  direc- 
tors shall  not  issue  any  note  for  a  smaller  sum  than  five  dollars ;  and  the 
said  president  and  directors  shall,  once  in  every  year,  cause  to  be  laid 
before  the  Secretary  of  the  Treasury  of  the  United  States  an  account, 
truly  stating  the  situation  of  the  bank  and  its  funds. 

Sec.  12.  And  he  it  Jurther  enacted.  That  no  director  shall  be  enti- 
tled to  any  emolument,  unless  the  same  shall  have  been  allowed  by  a 
majority  of  the  stockholders,  at  a  general  meeting,  but  the  directors  shall 
make  such  compensation  to  the  president  for  his  extraordinary  services 
and  attendance  at  the  bank,  as  shall  appear  to  them  reasonable. 

Sec.  13.  And  he  it  further  enacted^  That  none  but  a  stockholder, 
being  a  citizen  of  the  United  States,  and  a  resident  of  the  county  of  Alex- 
andria, or  county  of  Fairfax  aforesaid,  shall  be  eligible  as  a  president  or 
director. 

Sec.  14.  And  be  it  further  enacted.  That  a  number  of  stockholders, 
not  less  than  twenty,  who  together  shall  be  proprietors  of  one  thousand 
shares  or  upwards,  shall  have  power  at  any  time  to  call  a  ^neral  meeU 
ing  of  the  stockholders,  for  purposes  relative  to  the  institution,  giving  at 
least  six  weeks' notice  in  one  or  more  newspapers,  printed  in  the  town 
of  Alexandria,  and  specifying  in  such  notice  the  object  or  objects  of  such 
meeting. 

Sec.  15.  And  he  it  further  enacted.  That  th'is  act  shall,  to  all  intenU 
and  purposes,  be  deemed  and  held  a  public  act. 

Approved,  February  16, 1811. 


Statute  III. 

Feb.  IS,  ISU. 

Bank  incor- 
porated. 


Chap.  XIX^— ^n  Act  to  incorporate  the  Union  Bank  cf  Oeorgetoum, 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  from  and  after  the  fourth 
day  of  March,  which  will  be  in  the  year  of  our  Lord,  one  thousand  eight 
hundred  and  eleven,  all  those  persons,  their  legal  represenUtives  or 
assigns,  who,  on  the  first  Monday  of  November,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  nine,  in  Georgetown,  district  of  Colum- 
bia, subscribed  certain  articles  of  association,  and  formed  a  company  or 
limited  partnership,  under  the  name  and  style  of  the  "  President  and 
Directors  of  the  Union  Bank  of  Georgetown,''  and  who,  on  the  said 
fourth  day  of  March,  in  the  year  eighteen  hundred  and  eleven,  shall  hold 


ELEVENTH  CONORESS.    Snw.  lU.  Cb.  19.     1811. 


ear 


any  share  of  the  joint  stock  or  funds  created  in  pursuance  of  the  said 
articles  of  association,  and  their  racceBsors,  being  stockholders  as  afore- 
said, shall  be  and  they  are  hereby  incorporated,  and  made  a  body  corpo- 
rate and  politic,  by  the  name  and  style  of  the  *'  President  and  Directors 
of  the  Union  Bank  of  Georgetown/'  and  by  that  name  may  sue  and  be 
sued,  implead  and  be  impleaded,  answer  and  be  answered,  defend  and  be 
defended,  in  courts  of  record  and  any  other  place  whatsoeyer ;  and  by  that 
name  may  have  and  hold,  purchase,  receive,  possess,  enjoy  and  retain 
lands,  renu,  tenements,  hereditaments,  goods,  chattels  and  effects,  of  what 
nature,  kind  or  quality  soever,  and  the  same  sell,  grant,  demise,  alien 
and  dispose  of.  And  by  that  name,  shall  have  during  the  continuance 
of  this  act  succession ;  and  may  make,  have  and  use  a  common  seal,  and 
the  same  may  break,  alter  and  renew  at  pleasure ;  and  shall  have  power 
to  ordain,  establish  and  put  in  execution,  such  by-laws,  ordinances  and 
regulations  as  shall  seem  necessary  and  convenient  for  the  government 
of  said  corporation,  not  being  contrary  to  law  nor  to  the  constitution 
thereof:  and  generally  to  do  and  execute  all  acts  necessary  or  proper  for 
the  objects  of  said  incorporation,  subject  to  the  rules,  regulations,  restric- 
tions, limitations  and  provisions  herein  described  and  declared. 

Sec.  2.  And  be  it  furthir  enacted.  That  the  capital  stock  of  the  said 
bank  shall  consist  of  five  hundred  thousand  dollars,  money  of  the  United 
States,  to  be  divided  into  shares  of  fifty  dollars  each ;  of  which  fifteen 
dollars  on  each  share  has  been  paid,  according  to  the  articles  of  associa- 
tion aforesaid ;  and  it  shall  be  optioniU  with  any  stockholder  hereafter  to 
pay  up  the  further  sum  of  thirty-five  dollars :  Prcmded,  that  not  more 
than  fifty  thousand  dollars  be  paid  in  any  one  year,  unless  the  president 
and  directors,  by  a  rule  or  order,  should  authorize  or  permit  a  greater 
sum  to  be  paid ;  the  dividend  or  dividends  on  such  sums  of  money  so 
paid,  shall  nj>t  commence  until  the  first  day  of  the  month  next  ensuing 
such  payment 

Sec.  3.  And  be  it  Jvrther  enacted,  That  the  said  bank  shall  transact 
its  business  in  Georgetown. 

Sec.  4.  And  be  it  further  enacted.  That  the  affairs  of  the  said  bank 
shall  be  conducted  by  twelve  directors  and  a  president,  whose  place,  if 
chosen  from  among  their  number,  shall  be  supplied  by  that  body.  Six 
of  the  directors,  with  the  president,  shall  form  a  board  or  quorum  for 
transacting  all  the  business  of  the  company,  but  the  ordinary  discounts 
may  be  done  by  the  president  and  three  directors.  In  case  of  his  sick- 
ness or  necessary  alwence,  his  place  may  be  supplied  by  any  director, 
whom  he,  by  writing  nnder  his  hand,  may  nominate  for  that  purpose,  or 
in  case  of  his  not  making  such  nomination,  the  board  may  appoint  a 
president  to  act  during  his  absence.  The  president  and  directors  who 
may  be  in  ofiice  under  the  said  articles  of  association  on  the  said  fourth 
day  of  March,  eighteen  hundred  and  eleven,  shall  continue  in  office 
under  and  by  virtue  of  this  act  of  incorporation,  until  others  shall  be  duly 
chosen  in  their  stead.  No  person  shall  be  a  director  or  president,  who 
is  not  a  citizen  of  the  United  States,  and  a  stockholder;  and  a  director 
ceasing  to  be  a  stockholder,  shall  cease  to  be  a  director ;  and  no  person, 
a  director  of  another  bank,  shall  be  a  director  of  this  bank.  Every  stock- 
holder being  a  citizen  of  the  United  States,  shall  be  entitled  to  vote  at 
all  elections  to  be  holden  by  the  stockholders  in  pursuance  of  this  act, 
and  shall  have  as  many  votes,  in  proportion  to  the  stock  he  may  hold, 
as  follows :  for  every  share  as  far  as  twenty,  one  vote  for  each  share,  and 
one  vote  for  every  two  shares  thereafter  as  far  as  forty ;  and  for  every 
five  shares  above  forty,  one  vote ;  but  no  person  or  persons,  bodies  cor- 
porate or  otherwise,  shall  be  entitled  to  more  than  one  hundred  and  fifty 
votes ;  no  stockholder  shall  be  permitted  to  vote,  who  has  not  held  his 
stock  two  calendar  months,  prior  to  the  day  of  election.  All  stockholders 
living  in  Georgetown,  shall  vote  in  the  choice  of  directors  by  ballot  in 

3  H 


CapiUl  of  tlM 
bank. 


Bank  to  bo 
kept  in  George- 
town. 

Afikin  of  the 
bank  to  be  con- 
ducted bj 
twelve  directon 
and  a  preaident. 


ELEVErerH  CONGRESS.    Sbss.  HI.  Ch.  19.    1811. 


No  penon  not 
a  cilizen  of  the 
the  U.  Statei  to 
▼ote. 

ProTito. 

General  meet- 
ingi  for  choos- 
ing directors, 
Sec.  fcc. 


Powers  of  the 
directors. 


Promissory 
notes,  Ate.  &c. 
to  be  signed  by 
the  president, 
&c.fcc. 


Books,  ke, 
&c  subject  to 
inspection  of 
directors. 

Annual  state- 
menttobemade 
to  Secretary  of 
Treasury. 


person :  but  every  stockholder  living  out  of  said  town  may  vote  in  per- 
son or  by  a  written  ballot  by  him  or  her  subscribed  with  his  or  her  name, 
and  duly  acknowledged  before  a  judge  of  a  court,  a  justice  of  the  peace, 
or  a  notary  public ;  a  certificate  whereof  shall  be  made  on  said  ballot  by 
the  judge,  justice  of  the  peace,  or  notary  public,  before  whom  such 
acknowledgment  shall  be  made;  and  said  ballot  shall  by  him  be  sealed 
up,  and  addressed  to  the  cashier  of  the  bank,  and  being  transmitted 
before  the  time  of  the  election,  shall  be  received  and  counted  in  the 
election.  No  person  who  is  not  a  citizen  of  the  United  States  shall  be 
entitled  to  vote  in  any  election  of  this  corporation :  Provided  nevertheless, 
that  this  section  may  at  any  time  hereafter  be  altered  or  amended  by 
Congress,  in  such  a  manner  as  they  may  see  fit,  so  as  to  provide  for  an 
annual  rotation  of  the  directors. 

Sec.  5.  And  te  it  further  enacted,  That  a  general  meeting  of  the 
stockholders  of  the  said  bank  shall  be  hdden  on  the  first  Monday  of 
April,  in  the  year  eighteen  hundred  and  eleven,  and  on  the  first  Monday 
of  April,  in  every  year  thereafter,  at  such  place  as  the  president  and 
directors  shall  appoint,  by  giving  four  weeks'  notice  in  two  or  more  of 
the  newspapers  of  the  district,  for  the  purpose  of  electing  directors  for 
the  ensuing  year,  who  shall  meet  on  the  day  succeeding  their  election, 
and  shall  immediately  proceed  to  choose  a  president ;  and  the  president 
and  directors  for  the  time  being,  shall  continue  in  ofiice  until  others 
shall  be  duly  elected  in  their  places,  and  be  organized  by  the  assembling 
of  a  quorum,  and  the  choice  of  a  president.  At  all  elections  the  persons 
having  the  greatest  number  of  votes  shall  be  deemed  to  be  chosen.  All 
elections  shall  be  held  under  the  superintendence  of  the  president  of  the 
bank,  for  the  time  being,  and  four  stockholders  not  being  at  the  time 
directors,  appointed  by  the  board  of  directors,  any  three  of  whom  shall 
be<  judges  thereof.  They  shall  immediately  thereafter  notify  the  persons 
elected  to  meet  the  ensuing  day  at  the  bank,  and  shall  make  a  return  of 
the  persons  elected,  at  their  first  meeting.  Should  two  or  more  persons 
have  an  equal  number  of  votes,  the  other  individuals  elected  directors, 
shall  determine  by  ballot  from  among  said  persons,  who  shall  be  the 
director  or  directors.  All  elections  shall  be  opened  at  ten  o'clock  in  the 
forenoon,  and  closed  at  three  in  the  afternoon. 

Sec.  6.  And  be  it  farther  enacted.  That  the  president  .and  directors 
shall  have  full  power  to  make,  revise,  alter  and  annul  all  such  rules, 
orders,  by-laws  and  regulations,  for  the  government  of  said  corporation, 
and  that  of  its  ofiicers,  servants  and  affairs,  as  they  shall  from  time  to 
time  think  expedient;  and  to  use,  employ  and  dispose  of  the  capital 
stock,  funds  and  property  of  said  bank,  for  the  interest  and  benefit  of 
the  stockholders,  subject  only  to  the  restrictions  herein  contained ;  but 
the  said  bank  shall  not  take  for  discounting  any  bill  or  note,  more  than 
at  the  rate  of  six  per  cent,  per  annum,  upon  the  amount  due  by  such 
bill  or  note. 

Sec.  7.  And  he  it  Jurther  enacted.  That  all  promissory  notes,  bills 
of  exchange,  drafts,  checks  and  receipts,  for  the  payment  of  money  made 
on  behalf  of  the  said  bank,  signed  by  the  president  and  countersigned 
and  attested  by  the  cashier,  shall  be  obligatory  upon  the  said  body  cor- 
porate, and  shall  possess  the  like  qualities  as  to  negotiability,  and  the 
holders  thereof  shall  have  the  like  actions  thereupon,  as  if  such  promis- 
sory notes,  bills  of  exchange,  drafts,  checks  or  receipts  had  been  made 
by  or  on  behalf  of  a  natural  person. 

Sec.  8.  And  be  it  Jurther  enacted.  That  the  books,  papers,  corre- 
spondence and  funds  of  the  bank  shall  at  all  times  be  subject  to  the 
inspection  of  the  directors.  And  the  said  president  and  directors  shall 
once  in  every  year  cause  to  be  laid  before  the  Secretary  of  the  Treasury 
of  the  UnitCMl  States  an  account,  truly  stating  the  situation  of  the  bank 
and  its  funds. 


ELEVENTH  CX)NGRESS.    Sess.  III.  Ch.  19.     1811. 


Sec.  9.  And  be  it  jnrther  enacted^  That  the  said  president  and  direc- 
tors shall  have  power  to  appoint  a  cashier,  and  all  other  officers  and 
servants,  for  executing  the  business  of , said  bank,  and  to  establish  the 
compensation  to  be  made  to  the  president  and  all  other  officers  and  ser- 
vants of  the  said  bank,  respectively ;  but  no  compensation  shall  be  given 
to  a  director  for  his  services,  except  bj  a  vote  of  the  stockholders  in 
genera]  meeting. 

Sec.  10.  And  he  it  further  enacted^  That  the  president  and  directors 
shall  have  power  to  call  a  general  meeting  of  the  stockholders,  for  pur- 
poses concerning  the  interests  of  the  bank,  giving  at  least  six  weeks' 
notice,  in  one  or  more  of  the  newspapers  of  the  district,  specifying  in 
such  notice  the  object  or  objects  of  such  meeting. 

Sec.  11.  And  be  it  further  enacted,  That  the  shares  of  the  capital 
stock,  at  any  time  owned  by  any  individual  stockholder,  shall  be  trans- 
ferable only  on  the  books  of  the  bank  according  to  such  rules,  as  may, 
conformably  to  law,  be  established  in  that  behalf,  by  the  president  and 
directors ;  but  all  debts  actually  due  and  payable  to  the  bank  (days  of 
grace  for  payment  being  passed)  by  a  stockholder,  requesting  a  transfer, 
must  be  satisfied,  before  such  transfer  shall  be  made,  unless  the  president 
and  directors  shall  direct  to  the  contrary. 

Sec.  12.  And  be  it  Jurther  enacted,  That  the  dividends  of  the  profits 
of  the  company,  or  so  much  of  said  profits  as  shall  be  deemed  expedient 
and  proper,  shall  be  declared  half  yearly,  in  the  first  week  in  April  and 
October,  in  each  year ;  the  amount  of  said  dividend  shall  from  time  to 
time  be  determined  by  the  president  and  directors,  and  shall  in  no  cas^ 
exceed  the  amount  of  the  net  profits  actually  acquired  by  the  company, 
so  that  the  capital  stock  of  the  said  company  shall  never  be  impaired  by 
dividends. 

Sec.  13.  And  be  it  further  enacted,  That  if  the  said  directors  shall  at 
any  time,  wilfully  and  knowingly  make  or  declare  any  dividend  which 
shall  impair  the  said  capital  stock,  all  the  directors  present  at  the  making 
or  declaring  of  said  dividend,  and  consenting  thereto,  shall  be  liable  in 
their  individual  capacities  to  the  company,  for  the  amount  or  prop<5rtion 
of  said  capital  stock  so  divided  by  the  said  directors ;  and  each  director 
who  shall  be  present  at  the  making  or  declaring  of  such  dividend,  shall 
be  deemed  to  have  consented  thereto,  unless  he  shall  immediately  enter 
in  writing,  his  dissent  on  the  minutes  of  the  proceedings  of  the  board, 
and  give  notice  thereof  to  the  Secretary  of  the  Treasury  of  the  United 
States. 

Sec.  14.  And  be  it  further  enacted.  That  the  bank  shall,  in  no  case, 
be  owners  of  any  ships  or  vessels,  or  directly  or  indirectly,  be  concerned 
in  trade,  or  the  importation  or  exportation,  purchase  or  sale  of  any 
goods,  wares  or  merchandise  whatever,  except  bills  of  exchange,  bullion, 
stock  of  the  United  States,  or  of  incorporated  institutions,  and  such 
ships,  vessels,  goods,  wares  or  merchandise,  as  shall  be  truly  pledged  to 
them  by  way  of  security  for  debts  due,  owing  or  growing  due  to  the  said 
bank,  or  purchased  by  it  to  secure  such  debts. 

Sec.  15.  And  be  it  further  enacted,  That  the  bank  shall  not  purchase 
or  hold  any  lands,  tenements  or  other  real  estates,  other  than  what  may 
be  necessary  for  the  convenient  transaction  of  its  business,  unless  such 
lands,  tenements  and  real  estates,  shall  have  been  bona  fide  mortgaged 
to  the  bank  by  way  of  security  or  conveyed  to  it  in  satisfaction  of  debts 
previously  contracted  in  the  course  of  dealings,  or  purchased  to  secure 
debts  contracted  with  or  due  to  the  bank ;  and  in  every  instance  in  which 
the  bank  may  become  the  owners  or  claimants  of  lands,  tenements  or 
real  estates,  the  president  and  directors  are  empowered  to  sell  or  dispose 
of  the  same,  in  such  a  manner  as  they  may  deem  beneficial  for  the  said 
bank. 

Sec.  16.  And  be  it  further  enacted,  That  if  any  vacancy  shall  at  any 


Offlcera,  kc. 
&c.  how  ap- 
pointed. 


Genera]  meet- 
ingt    of    the 
■tockholden. 


Trantfbr    of 
aharea. 


DiTidendi    to 
be  declared 
■emi- annually. 


Capita]  not  to 
be  impaired 
thereby. 


Directors  who 
are  present  at 
the  making  of 
dividends  liable. 


Bank  not  to 
be  engaged  in 
ships,  Kc. 


Nor  in  the  pur- 
chase of  landsy 
Ice.  &c. 


640 


ELEVENTH  CONGRESS.    Sns.  IH.  Ch.  19.    1811. 


Taeaaeief. 
how  to  be  filled. 


Extra  general 
meetinga  maj 
be  called. 


LimiUtioA  of 
diicounta. 


Not  to  difl. 
eoantbejond 
twice  the 
amoant  of  ita 
capital. 


Omiarioni  to 
make  electioni 
provided  for. 


Thif  to  be 
considered  as  a 
public  act. 


time  happen  among  the  directors  by  death,  resignation  or  otherwise,  the 
rest  of  the  directors  for  the  time  being,  shall  elect  a  director  to  fill  the 
vacancy. 

Sec.  17.  And  be  it  further  enacied.  That  if  any  number  of  stock- 
holders not  less  than  twenty,  who  shall  be  proprietors  of  not  less  than 
four  thousand  shares,  may  for  any  purpose  relative  to  the  institution,  at 
any  time  apply  to  the  president  and  directors,  to  call  a  general  meeting 
of  the  stockholders,  and  if  by  them  refused,  the  said  number  of  stock- 
holders, proprietors  of  not  less  than  the  number  of  shares  aforesaid,  shall 
have  power  to  call  a  general  meeting  of  the  stockholders,  giving  at  least 
sixty  days' notice  in  two  or  more  of  the  public  newspapers  in  the  district^ 
specifying  in  such  notice  the  object  or  objects  of  such  call. 

Sec.  18.  And  be  it  further  enacted,  That  the  said  bank  shall  not  at 
any  time  discount  or  loan  a  greater  sum  than  double  the  amount  of  the 
capital  stock,  which  shall  be  actually  paid  in. 

Sec.  19.  And  be  it  further  enacted^  That  the  total  amount  of  the  debts 
which  the  said  corporation  shall  at  any  time  owe,  whether  by  bond,  biU, 
note  or  other  contract,  shall  not  exceed  twice  the  amount  of  their  capital 
stock  actually  paid,  over  and  above  the  monies  then  actually  deposited 
in  the  bank  for  safe  keeping.  In  case  of  excess,  the  directors,  under 
whose  administration  it  shall  happen,  shall  be  liable  for  the  same  in  their 
natural  and  private  capacities ;  and  an  action  of  debt,  may  in  such  case 
be  brought  against  them  or  any  of  them,  their  or  any  of  their  heirs,  exe- 
cutors or  administrators,  in  any  court  proper  to  try  the  same,  by  any  cre- 
ditor or  creditors  of  said  corporation,  and  may  be  prosecuted  to  judg- 
ment and  execution,  any  condition,  covenant  or  agreement  to  the  con- 
trary notwithstanding.  But  this  shall  not  be  construed  to  exempt  said 
corporation,  or  the  lands,  tenements,  goods  or  chattels  of  the  same  from 
being  also  liable  for,  and  chargeable  with  said  excess.  Such  of  said 
directors  who  may  have  been  absent  when  said  excess  was  colitracted 
or  created,  or  who  may  have  dissented  from  the  resolution  or  act  whereby 
the  same  was  so  contracted  or  created,  may  respectively  exonerate  them- 
selves from  being  so  liable,  by  forthwith  giving  notice  of  the  fact,  and 
of  their  absence  or  dissent,  to  the  Secretary  of  the  Treasury  of  the  United 
States,  and  to  the  stockholders  at  a  general  meeting,  which  they  shall 
have  power  to  call  for  that  purpose ;  and  the  body  corporate  hereby 
created,  and  the  capital  stock  thereof,  shall  be  liable  for  all  the  debts  and 
engagements  contracted,  or  which  before  or  on  the  said  fourth  day  of 
March,  in  the  year  eighteen  hundred  and  eleven,  shall  be  contracted  by 
the  company,  or  co-partnership  heretofore  created  by  the  articles  of  asso- 
ciation herein  before  mentioned,  and  which  carried  on  the  banking 
business  under  the  name  and  style  of  "  The  President  and  Directors  of 
the  Union  Bank  of  Georgetown ;"  and  the  creditors  of  the  said  co-part- 
nership, shall  have  the  like  remedy  by  action,  against  the  said  body  cor- 
porate, as  they  had  or  have,  or  may  or  can  have  against  the  said  co- 
partnership. 

Sec.  20.  And  be  it  further  enacted.  That  in  case  it  should  at  any  time 
happen,  that  an  election  of  directors  should  not  be  made,  on  any  day 
when,  pursuant  to  this  act,  it  ought  to  have  been  made,  the  said  corpo- 
ration shall  not  for  that  cause  be  deemed  to  be  dissolved ;  but  it  shall  be 
lawful  on  any  other  day  to  hold  and  make  an  election  of  directors,  at  a 
meeting  to  be  called  in  such  manner  as  shall  be  prescribed  by  the  laws 
and  ordinances  of  the  said  corporation. 

Sec.  21.  And  be  it  further  enacted.  That  this  act  shall  to  all  intents 
and  purposes,  be  deemed  and  held  a  public  act,  and  be  and  continue  in 
force  for  the  term  of  ten  years,  from  and  after  the  fourth  day  of  March, 
which  will  be  in  the  year  of  our  Lord,  one  thousand  eight  hundred  and 
eleven,  and  no  longer. 

Approtbd,  February  18,  1811. 


ELEVENTH  CONGRESS.    Sbss.  III.  Ch.  20, 21.    1811. 


All 


Chap.  XX.*-^ito  Jht  making  a  further  ditinhuUon  if  tuck  hvfs  <f  the  Ufdte4 
StaUif  Of  reaped  the  FubUe  Lande, 

Be  ii  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assemhlea,  That  the  copies  of  the  laws 
prepared  and  printed  under  the  authority  of  "An  act  providing  for  prints 
ing  and  distributing  of  such  laws  of  the  United  States  as  respect  the 
public  lands,"  paswd  the  twentj-seyenth  day  of  April,  one  thousand 
eight  hundred  and  ten,  not  otherwise  disposed  of,  shall  be  distributed 
in  the  manner  following,  that  is  to  say :  The  President  and  Vice  Presi- 
dent of  the  United  Sutes,  the  members  of  the  Senate  and  House  of 
Representatives,  the  secretaries  of  the  state,  treasury,  war  and  navy 
departments,  the  attorney-general,  the  comptroller  and  register  of  the 
treasury,  the  judges  of  the  supreme  and  district  courts  of  the  United 
States,  the  governors  and  judges  of  the  territories,  the  surveyor-general 
of  the  Unit^  States,  and  the  surveyor  of  the  lands  of  the  United  States 
south  of  Tennessee,  shall  each  receive  one  copy ;  the  clerks  in  each  of 
the  departments  of  state,  treasury  and  war,  employed  on  land  business, 
five  copies ;  the  secretary  of  the  Senate,  to  be  placed  on  his  table  for  the 
use  of  the  Senate,  five  copies ;  the  clerk  of  the  House  of  Representa- 
tives, to  be  placed  on  his  table,  for  the  use  of  the  House  of  Representatives, 
ten  copies;  two  hundred  and  fifly  copies  shall  be  placed  in  the  library, 
and  remain  there  under  the  same  regulations  as  the  other  laws  of  the 
United  States ;  one  hundred  copies  shall  be  deposited  in  the  treasury 
department  for  the  use  of  the  land  boards,  and  ofiices  which  may  here- 
after be  established;  and  the  remainder  shall  be  placed  in  the  library, 
and  each  member  of  Congress  hereafter  elected,  shall,  so  long  as  any 
remain,  exclusive  of  the  two  hundred  and  fifty  copies  before  mentioned, 
be  entitled  to  one  copy  at  the  commencement  of  that  session  of  Con- 
gress next  succeeding  his  election. 

Approved,  February  18, 1811. 


fiTATonin. 

Tab.  18, 1811. 

Act  of  April 
S7,1810,ch.83. 
Diitribution  of 
tho  land  laws. 


How    to    be 
diftributod. 


Chap.  XXI. — Jtn  Jet  to  enable  the  people  tf  the  Territory  cf  Orleans  to  form  a 
eonstitution  and  state  government^  and  for  the  admitsion  !f  such  state  into  the 
Unionj  on  an  eqwd  footing  with  the  original  states,  and  for  other  purposes^^d) 

Be  it  enacted  by  the  Senate  and  House  o/Rqfresentatives  of  the  United 
States  of  America  in  Congress  assembled.  That  the  inhabitants  of  all  that 
part  of  the  territory  or  country  ceded  under  the  name  of  Louisiana,  by 
the  treaty  made  at  Paris  on  the  thirtieth  day  of  April,  one  thousand  eight 
hundred  and  three,  between  the  United  States  and  France,  contained 
within  the  following  limits,  that  is  to  say :  beginning  at  the  mouth  of  the 
river  Sabine,  thence  by  a  line  to  be  drawn  along  the  middle  of  the  said 
river,  including  all  islands  to  the  thirty-second  degree  of  latitude ;  thence 
due  north,  to  the  northernmost  part  of  the  thirty-third  degree  of  north 
latitude ;  thence  along  the  said  parallel  of  latitude  to  the  river  Missis- 
sippi ;  thence  down  the  said  river  to  the  river  Iberville ;  and  from  thence 
along  the  middle  of  the  said  river  and  lakes  Maurepas  and  Ponchartrain, 
to  the  |[ulf  of  Mexico ;  thence  bounded  by  the  said  gulf  to  the  place  of 
beginning :  including  all  islands  within  three  leagues  of  the  coast,  be, 
and  they  are  hereby  authorized  to  form  for  themselves  a  constitution  and 
state  government,  and  to  assume  such  name  as  they  may  deem  proper, 
under  the  provisions  and  upon  the  conditions  herein  after  mentioned. 

Sec.  2.  And  be  it  furtfur  enacted.  That  all  free  white  male  citizens 
of  the  United  States,  who  shall  have  arrived  at  the  age  of  twenty-one 
years,  and  resided  within  the  said  territory,  at  least  one  year  previous  to 
the  day  of  election,  and  shall  have  paid  a  territorial,  county,  district  or 


StatvtbIU. 
Feb.  SO,  1811. 


Tbe  inhabi- 
tanta  of  Loaii. 
iuna  within  di- 
rected limits  to 
be  aathorised  to 
form  a  conttita- 
tion  and  state. 


Act  of  April 
14, 1812,  ch.  57. 


ElectiTe  fran- 
chiae,  bow  re- 
gulated. 


Vol. 


(a)  An  act  to  enlarge  the  limits  of  the  sUto  of  Louisiana,  April  14,  1812,  chap.  67. 

11.-81  2h2 


649 


ELEVENTH  CONGRESS.    Sess.  UI.  Ch.  31.    1811. 


ConTention  to 
meet  at  New 
Orletni. 


The  constitn- 
tioD  to  be  re. 
publican  and 
consistent  with 
the  constitution 
of  the  United 
States. 


ngl 

waste  and  nnap. 
propriated  lands 
to  be  disclaimed 
b?  an  irrevoca. 
ble  ordinance. 


Lands  sold  by 
Congress  to  be 
exempt  from 
state    taxes  for 
five  years. 


Convention  to 
send  to  Con. 
gross  the  act  as. 
senting  to  the 
adoption  of  the 
constitution  of 
United  States. 


parish  tax :  and  all  persons  having  in  other  respects  the  legal  qualifica- 
tions to  vote  for  representatives  in  the  general  assembly  of  the  said  ter- 
ritory, be,  and  they  are  hereby  authorized  to  choose  representatives  to 
form  a  convention,  who  shall  be  apportioned  amongst  the  several  counties^ 
districts  and  parishes,  within  the  said  territory  of  Orleans,  in  such  man- 
ner as  the  legislature  of  the  said  territory  shall  by  law  direct.  The 
number  of  representatives  shall  not  exceed  sixty ;  and  the  elections  for 
the  representatives  aforesaid  shall  take  place  on  the  third  Monday  in 
September  next,  and  shall  be  conducted  in  the  same  manner  as  is  now 
provided  by  the  laws  of  the  said  territory  for  electing  members  for  the 
House  of  Representatives. 

Sec.  3.  And  be  it  further  enacted,  That  the  members  of  the  conven- 
tion, when  duly  elected,  be,  and  they  are  hereby  authorized  to  meet  at 
the  city  of  New  Orleans,  on  the  first  Monday  of  November  next,  which 
convention,  when  met,  shall  first  determine,  by  a  majority  of  the  whole 
number  elected,  whether  it  be  expedient  or  not,  at  that  time,  to  form  a 
constitution  and  state  government,  for  the  people  within  the  said  territory, 
and  if  it  be  determined  to  be  expedient,  then  the  convention  shall  in 
like  manner  declare,  in  behalf  of  the  people  of  the  said  territory,  that  it 
adopts  the  constitution  of  the  United  States ;  whereupon  the  said  con- 
vention shall  be,  and  hereby  is  authorized  to  form  a  constitution  and 
state  government,  for  the  people  of  the  said  territory :  Provided,  the 
constitution  to  be  formed,  in  virtue  of  the  authority  herein  given,  shall 
be  republican,  and  consistent  with  the  constitution  of  the  United  States; 
that  it  shall  contain  the  fundamental  principles  of  civil  and  religious 
liberty;  that  it  shall  secure  to  the  citizen  the  trial  by  jury  in  all  criminal 
cases,  and  the  privilege  of  the  writ  of  habeas  carpus,  conformably  to  the 
provisions  of  the  constitution  of  the  United  States ;  and  that  after  the 
admission  of  the  said  territory  of  Orleans  as  a  state  into  the  Union,  the 
laws  which  such  state  may  pass  shall  be  promulgated,  and  its  records  of 
every  description  shall  be  preserved,  and  its  judicial  and  legislative  writ- 
ten proceedings  conducted,  in  the  language  in  which  the  laws  and  the 
judicial  and  legislative  written  proceedings  of  the  United  States  are  now 
published  and  conducted:  And  provided  also,  that  the  said  convention 
shall  provide  by  an  ordinance,  irrevocable  without  the  consent  of  the 
United  States,  that  the  people  inhabiting  the  said  territory  do  agree  and 
declare,  that  they  for  ever  disclaim  all  right  or  title  to  the  waste  or  un- 
appropriated lands,  lying  within  the  said  territory ;  and  that  the  same 
shall  be  and  remain  at  the  sole  and  entire  disposition  of  the  United 
States ;  and,  moreover,  that  each  and  every  tract  of  land,  sold  by  Con- 
gress, shall  be  and  remain  exempt  from  any  tax,  laid  by  the  order  or 
under  the  authority  of  the  state,  whether  for  state,  county,  township, 
parish  or  any  other  purpose  whatever,  for  the  term  of  five  years  from  and 
afler  the  respective  days  of  the  sales  thereof;  and  that  the  lands,  belong 
ing  to  citizens  of  the  United  States,  residing  without  the  said  state,  shul 
never  be  taxed  higher  than  the  lands  belonging  to  persons  residing 
therein ;  and  that  no  taxes  shall  be  imposed  on  lands  the  property  of  the 
United  States ;  and  that  the  river  Mississippi  and  the  navigable  rivers 
and  waters  leading  into  the  same  or  into  the  gulf  of  Mexico,  shall  be 
common  highways  and  for  ever  free,  as  well  to  the  inhabitants  of  the 
said  state  as  to  other  citizens  of  the  United  States,  without  any  tax,  duty, 
impost  or  toll  therefor,  imposed  by  the  said  state. 

Sec.  4.  And  be  it  farther  enacted,  That  in  case  the  convention  shall 
declare  its  assent,  in  behalf  of  the  people  of  the  said  territory,  to  the 
adoption  of  the  constitution  of  the  United  States,  and  shall  form  a  con- 
stitution and  state  government  for  the  people  of  the  said  territory  of 
Orleans,  the  said  convention,  as  soon  thereafter  as  may  be,  is  hereby 
required  to  cause  to  be  transmitted  to  Congress  the  instrument,  by  which 
its  assent  to  the  constitution  of  the  United  States  is  thus  given  and 


ELEVENTH  CONGRESS.    Staa.  III.  Ch.  22.     1811. 


043 


1813,  ch.  60. 

Sutotobead. 
mitted  into  the 
Union. 

Reservation 


declared,  and  also  a  true  and  attested  copy  of  such  constitution  or  frame 
of  state  government,  as  shall  be  formed  and  provided  by  said  convention, 
and  if  the  same  shall  not  be  disapproved  by  Congress,  at  their  next  ses- 
sion after  the  receipt  thereof,  the  said  state  shall  be  admitted  into  the 
Union,  upon  the  same  footing  with  the  original  states. 

Sec.  5.  And  be  it  further  enacted,  That  five  per  centum  of  the  net 
proceeds  of  the  sales  of  the  lands  of  the  United  States,  after  the  first  day   ''o'  ^*^>  *«• 
of  January,  shall  be  applied  to  laying  out  and  constructing  public  roads 
and  levees  in  the  said  state,  as  the  legislature  thereof  may  direct. 

Approved,  February  20,  1811. 

Statutb  III, 

Chap.    XXII. — An  Act  making  appropriatumM  for  the  nmort  tf  Crovemment    Feb.  20, 1811. 
for  the  year  one  thousand  eight  hundred  and  aeoen. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United  Specific  ap. 
States  of  America  in  Congress  assembled.  That  for  the  expenditure  of  ?«>?"•«»•««• 
tlie  civil  list  in  the  present  year,  including  the  contingent  expenses  of 
the  several  departments  and  offices;  for  the  compensation  of  the  several 
loan  officers  and  their  clerks,  and  for  books  and  stationery  for  the  same ; 
for  the  payment  of  annuities  and  grants ;  for  the  support  of  the  mint 
establishment;  for  the  expense  of  intercourse  with  foreign  nations;  for 
the  support  of  lighthouses,  beacons,  buoys  and  public  piers ;  for  defray- 
ing the  expenses  of  surveying  the  public  lands ;  and  for  satisfying  cer- 
tain miscellaneous  claims,  the  following  sums  be,  and  the  same  are 
hereby  respectively  appropriated,  that  is  to  say : 

For  compensation  granted  by  law  to  the  members  of  the  Senate  and 
House  of  Representatives,  their  officers  and  attendants,  estimated  for  a 
session  of  four  months  and  a  half  continuance,  two  hundred  and  one 
thousand  four  hundred  and  twenty-five  dollars. 

For  the  expense  of  firewood,  stationery,  printing  and  ail  other  contin- 
gent expenses  of  the  two  houses  of  Congress,  thirty-four  thousand  dol- 
lars. 

For  all  contingent  expenses  of  the  library  of  Congress,  and  for  the 
librarian's  allowance  for  the  year  one  thousand  eight  hundred  and  eleven, 
eight  hundred  dollars. 

For  repairing  the  roof  and  fitting  up  a  room  in  the  west  side  of  the 
north  wing  of  the  capitol  for  the  library  of  Congress,  six  hundred  dol- 
lars. 

For  compensation  to  the  President  and  Vice  President  of  the  United 
States,  thirty  thousand  dollars. 

For  compensation  to  the  Secretary  of  State,  clerks  and  persons  em-       isoe,  ch.  41. 
ployed  in  that  department,  including  the  sum  of  one  thousand  four  hun- 
dred and  seventy-eight  dollars  in  addition  to  the  sum  allowed  by  the  act 
of  the  twenty-first  of  April,  one  thousand  eight  hundred  and  six,  fourteen 
thousand  and  thirty-eight  dollars. 

For  the  incidental  and  contingent  expenses  of  the  said  department, 
one  thousand  three  hundred  and  fifty  dollars. 

For  printing  and  distributing  the  laws  of  the  third  session  of  the 
eleventh  Congress,  and  printing  the  laws  in  newspapers,  five  thousand 
five  hundred  dollars. 

For  compensation  to  the  Secretary  of  the  Treasury,  clerks  and  per-      i806,  ch.  41. 
sons  employed  in  his  office,  including  the  sum  of  one  thousand  seven 
hundred  and  fifty  dollars,  for  clerk  hire,  in  addition  to  the  sum  allowed 
by  the  act  of  the  twenty-first  of  April,  one  thousand  eight  hundred  and 
six,  sixteen  thousand  seven  hundred  dollars. 

For  expense  of  translating  foreign  languages,  allowance  to  the  person 
employed  in  transmitting  passports  and  sea  letters,  and  for  stationery 
and  printing  in  the  office  of  the  Secretary  of  the  Treasury,  one  thousand 
dollars. 


644  ELEVENTH  CONGRESS.    Saw.  HI.  Ch.  33.    1811. 

8p«}iAB  ^-  For  compensation  to  the  comptroller  of  the  treasury,  clerks  and  per- 
propnattonti  Sons  employed  in  his  office,  including  the  sum  of  one  thousand  six  hun- 
dred and  thirty-nine  dollars,  for  compensation  to  his  clerks,  in  addition 
to  the  sum  allowed  by  the  act  of  the  twenty-first  of  April,  one  thousand 
I8D6,  di.  41.  eig)|(  hundred  and  six,  fourteen  thousand  six  hundred  and  sixteen  dol- 
lars. 

For  expense  of  stationery,  printing  and  incidental  and  contingent 
Expenses  of  the  comptroller's  office,  five  hundred  dollars^ 

For  compensation  to  the  auditor  of  the  treasury,  clerks  and  persons 
employed  in  his  office,  twelve  thousand  two  hundred  and  twenty-one 
dollars. 

For  expense  of  stationery,  printing  and  incidental  and  contingent 
expenses  of  the  auditor's  office,  fire  hundred  dollars. 

For  compensation  to  the  treasurer,  clerks  and  person^  employed  in 
his  office,  six  thousand  two  hundred  and  twenty-seven  dollars  and  forty- 
five  cents. 

For  expense  of  stationery,  printing  and  incidental  and  contingent 
expenses  in  the  treasurer's  office,  three  hundred  doUars. 

For  compensation  to  the  register  of  the  treasury,  clerks  and  persons 
employed  in  his  office,  sixteen  thousand  fifty-two  dollars  and  two 
cents. 

For  compensation  to  the  messenger  of  the  register's  c^ce,  fi>r  stanip- 
ing  and  arranging  ship's  Registers,  ninety  dollars. 

For  expense  of  stationery,  printing  and  all  other  incidental  and  con- 
tingent expenses  in  the  register's  office,  including  books  for  the  public 
stocks,  and  for  the  arrangement  of  the  marine  records,  two  thousand 
eiffht  hundred  dollars. 

For  fuel  and  other  contingent  and  incidental  expenses  of  the  treasury 
department,  four  thousand  dollars. 

For  the  purchase  of  books,  maps  and  charts  for  the  use  of  the  trea- 
suky  department,  four  hundr^  dollars. 

For  compensation  to  a  superintendent,  employed  to  secure  the  build- 
ings  atid  records  of  the  treasury  department,  during  the  year  one  thou- 
sand eight  hundred  and  eleven,  including  the  expense  of  two  watchmen, 
the  repairs  of  two  fire  engines,  buckets,  lanterns  and  other  incidental 
and  contingent  expenses,  one  thousand  one  hundred  dollars. 

For  defiraying  the  expense  of  stating  and  printing  the  public  accounts 
for  the  year  one  thousand  eight  hundred  and  eleven,  one  thousand  two 
hundred  dollars. 

For  compensation  to  the  secretary  of  the  oommissioDers  of  the  sinking 
Aind,  two  hundred  and  filly  dollars. 

For  compensation  to  the  Secretary  of  War,  clerks  and  persons  em- 
ployed in  his  office,  eleven  thousand  two  htmdred  and  fifty  dollars. 

For  expense  of  fuel,  stationery^rinting  and  other  contingent  expenses 
of  the  office  of  the  Secretary  of  War,  one  thousand  dollars. 

For  compensation  to  the  accountant  of  the  war  department,  clerks 
and  persons  empbyed  in  his  office,  ten  thousand  nine  hundred  and  ten 
dollars. 

For  contingent  expenses  in  the  office  of  the  accountant  of  the  wv 
department,  one  thousand  dollars. 

For  compensation  to  the  clerks  employed  in  the  paymaster's  office, 
three  thousand  four  hundred  dollars. 

For  contingent  expenses  in  the  said  office,  two  hundred  dollsrsi 

For  compensation  to  the  purveyor  of  public  sup^ies,  clerks  and  per- 
1806,  cb.  41.  sons  employed  in  his  office,  and  for  expmise  of  stationery,  store  rent  and 
fuel  for  said  office,  including  the  sum  of  five  hundred  dollars  for  Com- 
(lensation  to  clerks,  in  addition  to  the  sum  alkmed  hj  the  act  of  the 
twenty-first  of  April,  one  thousand  eight  hundred  and  six,  five  thootand 
one  hundred  dollars. 


ELEVENTH  CONGRESS.    Sbss.  III.  Ch.  22,    1811.  645 

For  compensation  of  additional  derks  in  the  office  of  the  luperinten-      Speeifio  ap. 
dent  of  Indian  trade,  eight  hundred  dollars.  propriatioBiu 

Fot  compensation  to  the  Secretary  of  the  Navy,  derks  and  persons 
employed  in  his  office,  nine  thousand  eight  hundrchd  and  ten  dollars. 

For  expense  of  stationery,  fuel,  printing  and  other  contingent  expenses 
in  the  said  office,  two  thousand  dollars. 

For  compensation  to  the  accountant  of  the  navy,  clerks  and  persons 
employed  in  his  office,  ten  thousand  four  hundred  and  ten  dollars 

For  contingent  expenses  in  the  office  of  the  accountant  of  the  navy, 
one  thousand  dollars. 

For  compensation  to  the  Postmaster-General,  assistant  Postmaster-  1806,  ch.  41. 
General,  clerks  and  persons  employed  in  the  Postmaster-Generd's  office, 
induding  the  sum  of  two  thousand  seven  hundred  and  forty-five  dollars 
for  compensation  to  clerks  in  addition  to  the  sum  dlowed  by  the  act  of 
the  twenty-first  of  April,  one  thousand  eight  hundred  and  six,  and  the 
sum  of  eight  hundred  and  fifty-seven  dollars  for  deficiencies  in  the  appro- 
priation of  the  year  one  thousand  eight  hundred  and  ten,  nineteen  thou- 
si^nd  seven  hundred  and  fifty-seven  dollars  and  seventy-eight  cents. 

For  the  expense  of  fuel,  house  rent  for  the  messenger,  candles,  sta- 
tionery, chests,  d&c.  incident  to  the  Postmaster-Generd's  office,  two 
thousand  five  hundred  dollars. 

For  compensation  to  the  severd  loan  officers,  thirteen  thousand  two 
hundred  and  fifty  dollars. 

For  compensation  to  the  clerks  of  the  commissioners  of  loans,  and  for 
dlowances  to  certain  loan  officers,  in  lieu  of  clerk  hire,  and  to  defray 
the  authorized  expense  of  the  severd  loan  offices,  fifteen  thousand  dol- 
lars. 

For  compensation  to  the  surveyor-generd,  and  his  derks,  three  thou- 
sand two  hundred  dollars. 

For  compensation  to  the  surveyor  of  the  lands  south  of  Tennessee, 
derks  employed  in  his  office,  and  for  stationery  and  other  contingencies, 
three  thousand  seven  hundred  dollars. 

For  compensation  to  the  officers  of  the  mint,  viz : 

The  director,  two  thousand  dollars. 

The  treasurer,  one  thousand  two  hundred  dollars. 

The  assayer,  one  thousand  five  hundred  dollars. 

The  chief  coiner,  one  thousand  five  hundred  dollars. 

The  melter  and  refiner,  one  thousand  five  hundred  dollars. 

The  engraver,  one  thousand  two  hundred  dollars. 

One  clerk  at  seven  hundred  dollars ;  and 

Two  derks  at  five  hundred  dollars  each. 

For  wages  to  the  persons  employed  in  melting,  coining,  carpen- 
ters, millwrights,  and  smiths'  work,  including  the  sum  of  one  thousand 
dollars  dlowed  to  an  assistant  coiner  and  die  forger,  who  dso  oversees 
the  execution  of  the  iron  work,  and  of  six  hundred  dollars  dlowed  to  an 
assistant  engraver,  eight  thousand  dollars. 

For  repairs  of  furnaces,  cost  of  rollers  and  screws,  timber,  bar  iron, 
lead,  sted,  potash,  and  for  dl  other  contingencies  of  the  mint,  two  thou- 
sand seven  hundred  and  seventy-five  dollars. 

For  an  dlowance  for  wastage  in  the  gold  and  silver  coinage,  induding 
a  deficiency  in  the  appropriation  for  the  year  one  thousand  eight  hundred 
and  ten,  arising  from  the  increase  of  the  coinage  for  that  and  severd 
antecedent  years,  six  thousand  eight  hundred  dollars. 

For  compensation  to  the  governor,  judges  and  secretary  of  the  terri- 
tory of  Orleans,  thirteen  thousand  ddlars. 

For  expense  of  stationery,  and  other  continffent  expenses  of  said 
territory,  induding  the  sum  of  one  thousand  dollars  for  a  defidency  in 
the  appropriation  for  the  year  one  thousand  eight  hundred  and  ten,  two 
thousand  eight  hundred  and  fifty  dollars. 


646  ELEVENTH  CONGRESS.    Siss.  IH.  Ch.  22.    1811. 

Speeifio   ap-       For  compensation  to  the  governor,  judges  and  secretary  of  the  Missis- 
propriatioiu.        g|ppi  territory,  including  the  sum  of  one  thousand  one  hundred  and 
thirteen  dollars  and  thiity-three  cents,  for  a  deficiency  in  the  appropria- 
tion for  the  year  one  thousand  eight  hundred  and  ten,  ten  thousand  one 
hundred  and  thirteen  dollars  and  thirty-three  cents. 

For  expense  of  stationery,  office  rent  and  other  contingent  expenses 
of  said  territory,  three  hundred  and  fifty  dollars. 

For  compensation  to  the  governor,  judges  and  secretary  of  the  Indiana 
territory,  six  thousand  six  hundred  dollars. 

For  expense  of  stationery,  office  rent  and  other  contingent  expenses 
of  said  territory,  three  hundred  and  fifty  dollars. 

For  compensation  to  the  governor,  judges  and  secretary  of  the 
Michigan  territory,  six  thousand  six  hundred  dollars. 

For  expense  of  stationery,  office  rent  and  other  contingent  expenses 
of  said  territory,  three  hundred  and  fifty  dollars. 

For  compensation  to  the  governor,  judges  and  secretary  of  the  Loaisi- 
ana  territory,  six  thousand  six  hundred  dollars. 

For  expense  of  stationery,  office  rent  and  other  contingent  expenses 
of  said  territory,  three  hundred  and  fifty  dollars. 

For  compensation  to  the  governor,  judges  and  secretary  of  the  Illinois 
territory,  six  thousand  six  hundred  dollars. 

For  expense  of  stationery,  office  rent  and  other  contingent  expenses 
of  said  territory,  three  hundred  and  fifty  dollars. 

For  the  discharge  of  such  demands  against  the  United  States,  on  ac- 
count of  the  civil  department,  not  otherwise  provided  for,  as  shall  have 
heen  admitted  in  due  course  of  settlement  at  the  treasury,  two  thousand 
dollars. 
1806,  ch.  41.  For  additional  compensation  to  the  clerks  in  the  several  departments 
of  state,  treasury,  war  and  navy,  and  of  the  general  poet-office,  not  ex- 
ceeding for  each  department  respectively,  fifteen  per  centum  in  addition 
to  the  sums  allowed  by  the  act,  entituled  *'  An  act  to  regulate  and  fix  the 
compensation  of  clerks,  and  to  authorize  the  laying  out  certain  public 
roads,  and  for  other  purposes,"  thirteen  thousaad  two  hundred  and  sixty- 
nine  dollars  and  thirty-two  cents. 

For  compensation  granted  by  law  to  the  chief  justice,  the  associate 
judges  and  district  jua^es  of  the  United  States,  including  the  chief  jus- 
tice and  two  associate  judges  for  the  district  of  Columbia ;  to  the  attor- 
ney-general, and  to  the  district  judge  of  the  territory  of  Orleans,  fifty-nine 
thousand  four  hundred  dollars. 

For  the  like  compensation  granted  to  the  several  district  attornies  of 
the  United  States,  three  thousand  four  hundred  dollars. 

For  compensation  granted  to  the  several  marshals  for  the  districts  of 
Maine,  New  Hampshire,  Vermont,  New  Jersey,  North  Carolina,  Ken- 
tucky, Ohio,  East  and  West  Tennessee  and  Orleans,  two  thousand  two 
hundred  dollars. 

For  defraying  the  expenses  of  the  supreme,  circuit  and  district  courts 
of  the  United  States,  including  the  district  of  Columbia,  and  of  jurors 
and  witnesses,  in  aid  of  the  funds  arising  from  fines,  forfeitures  and 
penalties,  and  for  defraying  the  ej^penses  of  prosecutions  for  offisnces 
against  the  United  States,  and  for  the  safe  keeping  of  prisoners,  forty 
thousand  dollars. 

For  the  payment  of  sundry  pensions  granted  by  the  late  and  present 
government,  nine  hundred  and  sixty  dollars. 

For  the  payment  of  the  annual  allowance  to  the  invalid  pensioners 
of  the  United  States,  from  the  fifth  of  March  one  thousand  eight  hun- 
dred and  eleven,  to  the  fourth  of  March  one  thousand  eight  hundred 
and  twelve,  ninety-eight  thousand  dollars. 

For  the  maintenance  and  support  of  lighthouses,  beacons,  buoys  and 
public  piers,  stakeages  of  channels  bars  and  shoals,  and  certain  contin* 


ELEVENTH  CONGRESS.    Ssss.  HI.  Ch.  22.     1811.  647 

gent  expenses,  sixty-eight  thousand  nine  hundred  and  sixty-five  dollars      Specifie    ip- 
and  thirty-nine  cents.  propriatioiw. 

For  erecting  lighthouses  at  the  mouth  of  the  Mississippi,  and  at  or 
near  the  Pitch  of  Cape  Lookout,  in  North  Carolina,  heing  the  amount 
of  an  additional  appropriation  carried  to  the  surplus  fund,  twenty  thou- 
sand dollars. 

For  building  a  lighthouse  on  the  south  point  of  Cumberland  Island, 
in  Georgia,  being  the  amount  of  a  former  appropriation  carried  to  tlie 
surplus  fund,  four  thousand  dollars. 

For  erecting  a  lighthouse  on  the  south  point  of  Sapelo  Island  in 
Georgia,  and  for  placing  certain  buoys  and  beacons  on  Dobay  bar  and 
Beach  point,  being  the  balance  of  former  appropriations  carried  to  the 
surplus  fund,  six  thousand  seven  hundred  and  eighty-nine  dollars  and 
six  cents. 

For  erecting  a  lighthouse  on  Point  Judith,  being  the  balance  of  a 
former  appropriation  carried  to  the  surplus  fund,  one  hundred  and  sixty- 
eight  dollars  and  sixty-seven  cents. 

For  erecting  two  lights  on  Lake  Erie,  viz :  on  or  near  Bird  Island, 
and  on  or  near  Presque  Isle,  in  addition  to  the  appropriation  heretofore 
made  for  that  purpose,  four  thousand  dollars. 

For  defraying  the  expense  of  surveying  the  public  lands  within  the 
several  territories  of  the  United  States,  one  hundred  thousand  dollars. 

For  paying  for  the  printing  of  new  ship's  registers,  including  the  cost 
of  paper,  the  balance  of  a  former  appropriation  of  one  thousand  one 
hundred  and  forty  dollars  for  this  object  having  been  heretofore  carried 
to  the  surplus  fund,  one  thousand  five  hundred  dollars. 

For  discharging  the  expense  of  the  third  enumeration  of  the  inhab- 
itants of  the  United  States,  and  that  of  taking  an  account  of  their 
manufactures,  one  hundred  and  fifly  thousand  dollars. 

For  expenses  of  intercourse  with  foreign  nations,  forty-seven  thousand 
dollars. 

For  expenses  of  intercourse  with  the  Barbary  powers,  fifly  thousand 
dollars. 

For  the  contingent  expenses  of  government,  the  balance  of  former 
appropriations  for  that  object  having  been  carried  to  the  surplus  fund, 
twenty  thousand  dollars. 

For  the  relief  and  protection  of  distressed  American  seamen,  five 
thousand  dollars. 

For  expenses  of  prosecuting  claims  and  appeals  in  the  courts  of 
Great  Britain  in  relation  to  captures  of  American  vessels,  and  defending 
causes  elsewhere,  four  thousand  dollars. 

For  compensation  allowed  George  W.  Erving  as  agent  in  receiving 
and  paying  awards  of  the  board  of  commissioners,  under  the  seventh 
article  of  the  British  treaty,  estimated  at  two  and  a  half  per  cent,  on 
the  amount  of  such  awards  as  were  actually  received  by  him,  twenty- 
two  thousand  three  hundred  and  ninety-two  dollars  and  sixty-seven 
cents. 

For  payment  of  the  claim  of  Patrick  Donnon,  late  surveyor  of  the  1800,  ch.  60. 
county  of  Hardy,  in  Virginia,  being  his  compensation  under  the  act  of 
Congress,  passed  May  thirteenth,  one  thousand  eight  hundred,  "  to  en- 
large  the  powers  of  the  surveyors  of  the  revenue,"  for  valuing,  recording 
and  adding  to  the  tax  lists  sundry  tracts  of  land  and  dwelling  houses 
omitted  by  the  assessors,  there  not  being  a  sufficient  balance  due  for 
direct  tax  from  Virginia  for  satisfying  this  claim,  seven  hundred  and 
twenty-eight  dollars  and  eighty-five  cents. 

For  payment  of  expenditures  made  by  James  Simmons,  late  collector 
of  Charleston,  from  January  first,  one  thousand  seven  hundred  and 
ninety-nine,  to  December  thirty-first,  one  thousand  eight  hundred  and 
five,  for  the  navy  department,  as  admitted  on  settlement  of  his  account 


G48 


ELEVENTH  CONGRESS.    Siss.  III.  Ch.  23.    1811. 


8|>eeifie  ip. 
proprifttioiu. 


1811,  ch.  6. 


1790,  ch.  84. 


at  the  treasury,  nine  tboosand  three  hundred  and  seventy-nine  doUan 
and  three  cents. 

For  the  discharge  of  such  miscellaneous  claims  against  the  United 
States  not  otherwise  provided  for,  as  shall  have  been  admitted  in  due 
course  of  settlement  at  the  treasury,  four  thousand  dollars. 

For  thepayment  of  a  balance  due  the  estate  of  the  late  Major-general 
Anthony  Wayne,  in  conformity  with  the  act  passed  at  the  present  ses- 
sion, entituled  "  An  act  for  the  relief  of  the  heirs  of  the  late  Major-general 
Wayne,"  five  thousand  eight  hundred  and  seventy  dollars  and  thirty-four 
cents. 

Sec.  2.  And  be  it  Jurtker  enacted.  That  the  several  appropriations 
herein  before  made,  shall  be  paid  and  discharged  out  of  the  fund  of  six 
hundred  thousand  dollars,  reserved  by  an  act  making  provision  for  the 
debt  of  the  United  States,  and  out  of  any  monies  in  the  treasury  not 
otherwise  appropriated. 

Approved,  February  20,  1811. 


STATUTBin. 


gcb.  28, 1811.     Crap.  XXIII.— ^  Jet  to  enable  the  Georgetown  Potomac  Bridge  Qm^an^  ta 
'"~"^"'""'^~  levy  money  for  the  object  y  ite  ineorporaHon, 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  directors  of  the 
Georgetown  Potomac  Bridge  Company  be,  and  they  are  hereby  em- 
powered to  call  a  general  meeting  of  the  stockholders  of  said  company, 
to  be  held  at  Georgetown,  in  the  district  of  Columbia,  by  causing  public 
notice  to  be  given  of  the  time  and  place  of  such  meeting,  in  the 
National  Intelliffencer,  and  in  one  of  the  newspapers  printed  in  each 
of  the  cities  of  New  York,  Philadelphia  and  Baltimore,  in  four  succes- 
sive weeks,  the  last  time  at  least  thirty  days  before  the  day  of  holding 
Brid|;e  to  be  the  said  general  meeting.  And  if  at  such  general  meeting,  the  stock- 
rebailt  if  Agreed  holders  present,  by  themselves  or  legal  representatives,  sh  Jl  determine 


>toT 
Oldfl 


holden. 


O0  the  ttoek- 
holden. 


to  rebuild  the  bridge  at  or  near  the  little  falls  of  the  river  Potomac,  (for 
the  purpose  of  erecting  which  originally  was  the  object  of  their  iilcoipo- 
ration,)  the  holders  of  two  thirds  of  the  stock  represented  at  that  meet- 
ing concurring,  then  it  shall  and  may  be  lawful  for  the  directors  of  said 
company,  or  any  two  of  them,  and  they  are  hereby  empowered  to  assess 
upon  and  collect  from  the  stockholders  of  the  said  company,  such  sum 
and  sums  of  money,  as  shall  be  necessary  to  pay  its  debts  already  incur- 
red, and  to  rebuild,  make  and  keep  in  repair  tlie  said  bridge,  together 
with  the  road  leading  thereto  from  Georgetown :  Provided,  That  the 
whole  amount  of  such  assessments  shall  not  exceed  twenty-five  dollars 
on  each  share  in  the  stock  of  said  company.  And  of  any  such  assess- 
ment and  assessments,  the  said  directors  shidl  give  public  notice  to  the 
said  stockholders,  by  advertising  the  same  in  the  newspapers  aforesaid; 
and  the  sum  and  sums  which  shall  be  so  assessed,  the  said  stockholders 
are  hereby  required  to  pay  to  the  said  directors,  within  sixty  days  after 
such  notice ;  and  on  failure  thereof,  for  the  space  of  thirty  days  after  the 
expiration  of  the  said  sixty  days,  the  said  directors,  or  any  two  of  them, 
are  hereby  authorized  to  sell  the  share  or  shares  of  any  and  every 
delinquent  stockholder ;  every  such  sale  to  be  made  at  public  auction 
in  Georgetown  aforesaid,  on  the  day  specified  in  said  advertisement : 
Provided,  That  no  more  shares  shall  be  sold  than  shall  be  deemed  neces- 
sary to  levy  the  sum  and  sums  of  money  which  shall  be  assessed  as 
aforesaid;  and  that  the  surplus,  if  any  arising  on  any  such  sales,  shall 
by  the  directors  aforesaid,  be  deposited  in  the  Bank  of  Columbia,  for  tlie 
use  of  the  owner  or  owners  of  the  share  or  shares  so  sold.  And  the 
said  directors,  or  any  two  of  them,  shall  transfer  on  the  books  of  the 
said  company,  to  the  purchaser  or  purchasers,  the  share  or  shares  so  sold, 


ELEVENTH  CONGRESS.    Sua.  IH.  Ch.  24, 35.    1811. 


649 


and  if  demanded  give  a  certificate  or  certificates  thereof,  under  their  hands 
and  seals,  which  shall  secure  to  such  purchaser  or  purchasers,  a  valid 
title  to  the  same. 
Appkoved,  February  22,  1811. 


StatvtbIII. 


CBAP.XXiy.''^nJidpro9idifigforthiiaUifatradqflandlifingin                  Feb.  26,1811. 
if  7\mficnee,  ana  a  trad  in  ike  Indiana  territory^  


territory^ 

Be  it  enaded  hy  the  Senate  and  House  of  Represeniaiives  of  the  United 
J^aies  of  America  in  Congress  assembled^  That  the  commissioners 
appointed  by  an  act  of  the  legislature  of  the  state  of  Tennessee,  passed 
on  the  fourteenth  day  of  November,  one  thousand  eight  hundred  and 
nine,  to  fix  on  a  site  for  the  town  of  Pulaski,  in  the  county  of  Giles,  and 
state  aforesaid,  and  their  successors  in  office,  be,  and  they  are  hereby 
authorized,  on  producing  a  receipt  from  the  receiver  of  public  monies, 
for  at  least  one  twentieth  part  of  the  purchase  money,  to  enter  with  the 
register  of  the  land-office,  established  for  the  lands  ceded  to  the  United 
States  by  the  Cherokee  and  Chickasaw  Indians,  in  the  Mississippi  terri- 
tory, a  tract  of  land  lying  in  a  regular  sijuare,  and  containing  six  hun- 
dred and  forty  acres,  which  has  or  may  be  fixed  on  as  a  site  for  the  town 
of  Pulaski,  as  aforesaid,  at  the  same  price  and  on  the  same  terms  and 
conditions  of  payment  as  are  provided  with  respect  to  the  other  public 
lands  sold  at  private  sale  at  the  said  office;  and  on  completinff  the 
payment  of  the  purchase  money,  a  patent  shall  be  granted  therefor  to 
the  said  commissioners  and  their  successors  in  office,  in  trust,  for  the 
use  of  the  said  county  of  Giles,  for  the  purpose  aforesaid. 

Sec.  2.  And  he  it  further  enacted^  That  the  commissioners  appointed 
by  an  act  of  the  legislature  of  the  Indiana  territory,  to  fix  on  a  proper 
site  for  the  permanent  seat  of  government  for  the  said  territory,  be,  and 
they  are  hereby  authorized,  and  their  successors  in  office,  so  soon  as  the 
surveys  under  the  authority  of  the  United  States  shall  have  been  made 
of  the  lands  which  they  shall  select,  and  on  producing  a  receipt  from  the 
receiver  of  public  monies,  for  at  least  one  twentieth  part  of  the  purchase 
money,  to  enter  with  the  register  of  the  land-office  for  the  district  in 
which  the  land  lies,  any  four  quarter  sections  of  land  adjoining  to  each 
other,  which  have  not  been  reserved  by  any  former  act  of  Congress,  and 
which  the  said  commissioners  may  select  and  fix  on  as  a  site  for  the  per- 
manent seat  of  government  for  the  said  territory,  and  payment  shall  be 
made  therefor  at  the  same  price,  and  on  the  same  terms  and  conditions, 
as  are  provided  in  respect  to  the  other  public  lands  sold  at  private  sale 
in  the  same  district ;  and  on  completing  the  payment  of  the  purchase 
money,  a  patent  shall  be  granted  therefor,  to  the  said  commissioners 
and  their  successors  in  office,  in  trust  for  the  use  of  said  territory,  for 
the  purpose  aforesaid. 

ArPROYED,  February  25, 1811. 


[ObMlete.] 
Site  of  the 
town  of  Pnlaski 
to  be  entered 
with  regitter  of 
land-omee  and 
■old. 


ConditioMy 


Condition! 
npon  which  the 
land  for  the  per- 
manent aeat  of 
Indiana  govem- 
ment  may  be  ob- 
tained. 


Statute  III. 


Chap.  XXV.— ^n  Jtet  providing  for  the  removal  of  the  land-<ffiee  estabUeked  at     Feb.  25, 1811. 

NaekoiUe^  in  the  state  of  Tennenee^  and  Canton  in  the  state  of  Ohio  ,•  and  to 

authorize  the  register  and  receiver  ^  public  monies  to  superintend  the  pubHe 
sales  cf  land  in  the  district  east  cf  Pearl  river. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  the  President  of  the 
United  States  be,  and  he  hereby  is  authorized  to  remove  the  land-office 
established  for  the  sale  of  the  public  lands  ceded  to  the  United  States 
by  the  Cherokee  and  Chickasaw  Indians  in  the  Mississippi  territory, 
from  Nashville,  to  such  place  within  the  district  for  which  it  was  estab- 
lished as  he  may  judge  most  proper;  and  to  remove  the  land-office 

Vol.  n.— 82  3  I 


Act  of  Feb.  4, 
1816,  ch.  33. 

President  an- 
thoriied   to  re- 
move  certain 
land'Officea 
from  Naahville 
and  from  Can. 
ton. 


650 


ELEVENTH  CONGRESS.    Sess.  IH.  Ch.  26.    1811. 


By  whom  pub. 
lie  sales  of  pub- 
lic lands  in  the 
district  east  of 
Pearl  river  are 
to  be  conduct- 
ed. 


Tractoofland 
not  paid  for  to 
be  again  offered 
for  sale  at  the 
courts  of  the 
countj. 


from  Canton  in  the  state  of  Ohio,  to  some  suitable  place  within  the  dis- 
trict for  which  it  was  established. 

Sec.  2.  And  be  it  further  enacted,  That  the  public  sales  of  the 
public  lands,  in  the  district  east  of  Pearl  river,  in  the  Mississippi  terri- 
tory, and  also  in  the  district  of  Kaskaskia,  in  the  Illinois  territory,  be 
conducted  under  the  superintendence  alone  of  the  register  and  receiver 
of  public  monies  for  the  said  districts,  who  are  hereby  authorized  and 
empowered  to  superintend  the  same,  in  their  respective  districts,  any 
law  to  the  contrary  notwithstanding ;  and  they  shall  receive  the  com- 
pensation provided  by  law  for  the  superintendence  of  public  sales  in  the 
districts  aforesaid. 

Sec.  3.  And  be  it  JurtKer  enacted.  That  if  any  tract  of  the  public 
lands,  which  has  been  sold  or  may  hereafter  be  sold,  in  any  state  or 
territory,  wherein  a  land-ofllice  is  or  may  be  established,  and  on  which 
complete  payment  has  not  or  may  not  have  been  made,  within  the  time 
prescribed  by  law  for  completing  the  same,  and  the  tract  having  been 
advertised  for  sale  agreeably  to  law,  it  shall  be  lawful  to  offer  the  same 
for  sale  at  public  vendue,  at  the  time  and  place  of  the  sitting  of  the 
court,  for  the  county  in  which  the  land-office  is  kept  for  the  district 
to  which  the  tract  belongs,  whether  the  court  shall  be  denominated  a 
court  of  quarter  sessions,  or  by  whatever  other  designation  it  may  be 
known. 

Approved,  February  25,  1811. 


Statute  IIL 


Feb.  26, 1811. 

Secretaries  of 
Navy,  Treasury 
and  War  made 
a  board  of  com- 
missioners. 

Act  of  1799, 
cb.  36. 


Fines    to   be 
paid  to  them. 


Commission- 
ers to  procure 
sites,  at  suitable 

E laces,  for  navy 
ospitals. 


Secretary  of 
Navy  to  prepare 
necessary  rules 
for  the  govern, 
mentof  tbehos. 
pitals. 

Allowance 
from  the  wages 
and  pensions  of 
invalids  to  be 
paid  to  commis- 
Boners. 


Chap.  XXVI. — An  Jet  eatablithing  Navy  HotpHals. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  money  hereafter 
collected  by  virtue  of  the  act,  entituled  "  An  act  in  addition  to  An  act 
for  the  relief  of  sick  and  disabled  seamen,"  shall  be  paid  to  the  Secre- 
tary of  the  Navy,  the  Secretary  of  the  Treasury  and  the  Secretary  of  War, 
for  the  time  being,  who  are  hereby  appointed  a  board  of  commission- 
ers, by  the  name  and  style  of  Commissioners  of  Navy  Hospitals,  which, 
together  with  the  sum  of  fifty  thousand  dollars  hereby  appropriated  out 
of  the  unexpended  balance  of  the  marine  hospital  fund,  to  be  paid  to  the 
commissioners  aforesaid,  shall  constitute  a  fund  for  navy  hospitals. 

Sec.  2.  And  be  it  further  enacted.  That  all  fines  imposed  on  navy 
officers,  seamen  and  marines,  shall  be  paid  to  the  commissioners  of 
navy  hospitals. 

Sec.  3.  And  be  it  further  enacted.  That  the  commissioners  of  navy 
hospitals  be  and  they  are  hereby  authorized  and  required  to  procure 
at  a  suitable  place  or  places  proper  sites  for  navy  hospitals,  and  if  the 
necessary  buildings  are  not  procured  with  the  site,  to  cause  such  to  be 
erected,  having  due  regard  to  economy,  and  giving  preference  to  such 
plans  as  with  most  convenience  and  least  cost  will  admit  of  subsequent 
additions,  as  the  funds  will  permit  and  circumstances  require;  and  the 
commissioners  are  required  at  one  of  the  establishments,  to  provide  a 
permanent  asylum  for  disabled  and  decrepid  navy  officers,  seamen  and 
marines. 

Sec.  4.  And  be  it  further  enacted,  That  the  Secretary  of  the  Navy 
be  authorized  and  required  to  prepare  the  necessary  rules  and  regu- 
lations for  the  government  of  the  institution,  and  report  thfe  same  to  the 
next  session  of  Congress. 

Sec.  5.  And  be  it  further  enacted.  That  when  any  navy  officer,  sea- 
man or  marine,  shall  be  admitted  into  a  navy  hospital,  that  the  insti- 
tution shall  be  allowed  one  ration  per  day  during  his  continuance  therein, 
to  be  deducted  from  the  account  of  the  United  States  with  such  officer, 
seaman  or  marine ;  and  in  like  manner,  when  any  officer,  seaman  or 


ELEVENTH  CONGRESS.    Sess.  HI.  Ch.  28,  29.     1811. 


651 


marine,  entitled  to  a  pension,  shall  be  admitted  into  a  navy  hospital, 
such  pension  during  his  continuance  therein  shall  be  paid  to  the  com- 
missioners of  the  navy  hospitals,  and  deducted  from  the  account  of  such 
pensioner. 

Approved,  February  26,  1811. 


Chap.  XXVIII.— ./fn  Jd  in  addition  to  the  ad  entiiuled  **j8n  ad  wpplementarjf 
to  the  ad  concerning  Qmsuls  and  Viu  Consuls^''*  and  for  the  further  protedion 
(f  American  seamen. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  in  all  cases  where 
distressed  mariners  and  seamen  of  the  United  States  have  been  trans- 
ported from  foreign  ports  where  there  was  no  consul,  vice  consul,  com- 
mercial agent,  or  vice  commercial  agent  of  the  United  States,  to  ports 
of  the  United  States ;  and  in  all  cases  where  they  shall  hereafter  be  so 
transported,  there  shall  be  allowed  to  the  master  or  owner  of  each  vessel, 
in  which  they  shall  or  may  have  been  transported,  such  reasonable  com- 
pensation, in  addition  to  the  allowance  now  fixed  by  law,  as  shall  be 
deemed  equitable  by  the  comptroller  of  the  treasury. 

Approved,  February  28,  1811. 


Statutb  III. 
Feb.  28,  1811. 

Act  or  April 
14,179S,ch.24. 

Act  of  Feb. 
38, 1803,  ch.  9. 

Act  of  March 
S,1817»ch.40. 


Statute  III. 

March  2, 1811. 

[Repealed.] 
Act  of  April 
14, 1814,  ch.  56. 
Vessels  leav. 
ing  EngJand  be. 
fore  2d  Februa- 
ry, not  liable  to 
ieisare  owned 
wholly  by  citi- 
lens  of  the  U. 
States. 

1810,  ch.39. 

Great  Britain 
revoking  ite  de. 
crees,  &c.  kc. 
the  fact  to  be 
declared  by  pro- 
clamation, &c. 


Chap.  XXIX. — Jin  Act  aupplementary  to  the  adj  entiiuled  **Jn  ad  concerning 
the  commercial  intercourse  bdween  the  United  States  and  Great  Britain  at3 
France  and  their  dependencies^  and  for  other  purposesJ*^(a) 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled^  That  no  vessel  owned  wholly 
by  a  citizen  or  citizens  of  the  United  States,  which  shall  have  departed 
from  a  British  port  prior  to  the  second  day  of  February,  one  thousand 
eight  hundred  and  eleven,  and  no  merchandise,  owned  wholly  by  a  citizen 
or  citizens  of  the  United  States,  imported  in  such  vessel,  shall  be  liable 
to  seizure  or  forfeiture,  on  account  of  any  infraction  or  presumed  infrac- 
tion of  the  provisions  of  the  act  to  which  this  act  is  a  supplement 

Sec.  2. .  And  be  it  further  enacted,  That  in  case  Great  Britain  shall  so 
revoke  or  modify  her  edicts,  as  that  they  shall  cease  to  violate  the  neutral 
commerce  of  the  United  States,  the  President  of  the  United  States  shall 
declare  the  fact  by  proclamation ;  and  such  proclamation  shall  be  ad- 
mitted as  evidence,  and  no  other  evidence  shall  be  admitted  of  such 
revocation  or  modification  in  any  suit  or  prosecution  which  may  be 
instituted  under  the  fourth  section  of  the  act  to  which  this  act  is  a  sup- 
plement. And  the  restrictions  imposed  or  which  may  be  imposed  by 
virtue  of  the  said  act,  phall,  from  the  date  of  such  proclamation,  cease 
and  be  discontinued. 

Sec.  3.  And  be  it  further  enacted.  That  until  the  proclamation  afore- 
said shall  have  been  issued,  the  several  provisions  of  the  third,  fourth,  fifth, 
sixth,  seventh,  eighth,  ninth,  tenth  and  eighteenth  sections  of  the  act, 
entituled  **An  act  to  interdict  the  commercial  intercourse  between  the 
United  States  and  Great  Britain  and  France  and  their  dependencies,  and 
for  other  purposes,"  shall  have  full  force  and  be  immediately  carried  into 
effect  against  Great  Britain,  her  colonies  and  dependencies :  Provided 
however,  that  any  vessel  or  merchandise  which  may  in  pursuance  thereof 
be  seized,  prior  to  the  fact  being  ascertained,  whether  Great  Britain  shall, 
on  or  before  the  second  day  of  February,  one  thousand  eight  hundred  and 
eleven,  have  revoked  or  modified  her  edicts  in  the  manner  above  men- 
tioned, shall  nevertheless  be  restored  on  application  of  the  parties,  on 

(tf)  Act  of  March  1, 1809,  chap.  24 :  act  of  May  30. 1809,  chap.  1 ;  act  of  Jane  28^  1809«  chap.  9 ;  Mt 
efMay  1,1810,  chap.  39. 


Certain  sec- 
tions ofa  former 
law  to  be  in 
force. 

Act  of  March 
1,  1809,ch.24. 


ess 


ELEVENTH  CONGRESS.    Sbss.  UI.  Ch.  30.    1811. 


their  giving  bond  with  approved  sureties  to  the  United  States,  in  a  som 
equal  to  the  value  thereof,  to  abide  the  decision  of  the  proper  court  of 
the  United  States  thereon ;  and  any  such  bond  shall  be  considered  as 
satisfied  if  Great  Britain  shall,  on  or  before  the  second  day  of  February, 
one  thousand  eight  hundred  and  eleven,  have  revoked  or  modified  her 
edicts  in  the  manner  above  mentioned:  Provided  aho,  that  nothing 
herein  contained  shall  be  construed  to  affect  any  ships  or  vessels  or  the 
cargoes  of  ships  or  vessels  wholly  owned  by  a  citizen  or  citizens  of  the 
United  States,  which  had  cleared  out  for  the  Cape  of  Good  Hope,  or  for 
any  port  beyond  the  same,  prior  to  the  tenth  day  of  November,  one  thou- 
sand eight  hundred  and  ten. 
AppRovKDy  March  2,  1811. 


STATUTKin. 


Trading. 
hoQMs  to  be  ei« 
tablithed. 


Soparinleiid. 
ent  of   Indian 
tnde  to  be  ap- 
pointed— hisdo- 
tiea,  kc.  fcc. 


March  S,  1811.  Chap.  XXX^^-Jln  jSet  for  extabliMng  trading  hou9e$  with  the  Indian 

tribe$,(a) 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  AmericM  in  Congress  assemhlea.  That  it  shall  be  lawful  for  the 
President  of  the  United  States  to  establish  trading  houses  at  such  posts 
and  places  on  the  frontiers,  or  in  the  Indian  country,  on  either  or  both 
sides  of  the  Mississippi  river,  as  he  shall  judge  most  convenient,  for  the 
purpose  of  carrying  on  a  liberal  trade  with  the  several  Indian  nations^ 
within  the  United  States,  or  their  territories. 

Sec.  2.  And  he  it  further  enacted,  That  the  President  of  the  United 
States  shall  be  authorized  to  appoint  a  superintendent  of  Indian  trade, 
whose  duty  it  shall  be  to  purchase  and  take  charge  of  all  goods  intended 
for  trade  with  the  Indian  nations  aforesaid,  and  to  transmit  the  same  to 
such  places  as  he  shall  be  directed  by  the  President;  and  he  shall  take 
an  oath  or  affirmation  faithfully  to  execute  the  trust  committed  to  him, 
and  that  he  will  not  directly  or  indirectly  be  concerned  or  interested  in 
any  trade,  commerce  or  barter  restricted  by  this  law,  and  except  on  the 
public  account ;  and  he  shall  also  give  bond,  in  the  penal  sum  of  twenty 
thousand  dollars,  with  sufficient  security,  to  be  approved  of  by  the  Secre- 
tary of  the  Treasury  of  the  United  States,  truly  and  honestly  to  account 
for  all  money,  goods  and  other  property  whatever,  which  shall  come  into 
his  hands,  or  for  which  in  good  faith  he  ought  so  to  account,  and  to 
perform  all  the  duties  requir^  of  him  by  this  act;  and  he  shall  render 
to  the  Secretary  of  the  Treasury  a  quarter  yearly  account  of  all  his  re- 
ceipts and  expenditures  of  cash,  purchases  and  transmittals  of  goods  for 

(a)  Obsolete  acta  relating  to  trading  bonset  with  the  Indians  :^ 

An  act  for  establishing  trading  houses  with  the  Indian  tribes,  April  18,  1796,  chap.  13. 

An  act  to  revive  and  continae  in  foice  <*  An  act  for  establishing  trading  houses  with  the  Indian  tribes,'* 
April  30,  1803,  chap.  39. 

An  act  for  continuing  in  force  a  law  entitled,  *<An  act  for  establishing  trading  booses  with  the  ladiaa 
tribes,*'  Febrnarr  28,  1803,  chap.  14. 

An  act  for  estaDlisbing  trading  houses  with  the  Indian  tribes,  April  21,  1806,  chap.  48. 

An  act  supplemental  to  an  act  entitled,  «An  act  for  esublishing  trading  houses  with  the  Indian  tribes,** 
March  3,  1809,  chap.  34. 

An  act  establishing  trading  houses  with  the  Indian  tribes,  March  2,  1811,  chap.  80. 

An  act  to  continue  in  force  for  a  limited  time,  the  act  entitled,  "An  act  for  establishing  trading  booses 
with  the  Indian  tribes,**  March  3,  1816,  chap.  98. 

An  act  to  continue  in  force  an  act  entitled,  <<An  act  for  establishing  trading  houses  with  the  Indiaa 
tribes,"  March  3,  1817,  chap.  43. 

An  act  directing  the  manner  of  appointing  Indian  agents,  and  continuing  the  "act  for  establishiag 
trading  houses  with  the  Indian  tribes,**  April  16,  1S18,  clia|>.  61. 

An  act  to  continue  in  foree  for  a  further  time  the  act  entitled,  "An  act  for  establishing  trading  houses 
with  the  Indian  tribes,**  March  3,  1819,  chap.  78. 

An  act  to  continue  in  force  for  a  further  time  the  act  entitled,  *'An  act  for  establishing  trading  booses 
with  the  Indian  tribes,**  March  4,  1820,  chap.  18. 

An  act  to  continue  in  force  for  a  further  time  the  act  entitled,  *<An  act  to  establish  trading  houses  with 
the  Indian  tribes,**  March  3, 1821.  chap.  44. 

The  trading  houses  with  the  Indian  tribes,  were  abolished  bj  an  act  to  aboliih  the  United  States  tzad* 
ag  establishmenU  with  the  Indian  tribes,  May  6, 1822,  ohap.  o4« 


ELEVENTH  CONORiSS.    Sbs§.  IH.  Ctf.  90.    1811. 


653 


the  Indian  trade,  to  be  settled  and  adjusted  by  the  accounting  officer  of 
the  treasury,  as  other  public  accounts. 

Sbc.  3.  And  he  itfiorther  enacted,  That  the  superintendent  of  Indian 
trade  shall  receive  an  annual  salary  of  two  thousand  dollars,  payable 
quarter  yearly,  at  the  treasury  of  the  United  States. 

Sec.  4.  And  be  it  further  enacted,  That  the  President  of  the  United 
States  shall  be  authorized  to  appoint  an  agent,  (and  when  he  shall  deem 
it  proper  an  assistant  agent,)  for  each  trading-house  establishment,  estab- 
lished under  the  provisions  of  this  act;  and  every  such  agent  and  assistant 
agent  shall  give  bond,  with  sufficient  security,  in  such  sum  as  the  PresH 
dent  shall  direct,  truly  and  honestly  to  account  for  all  the  money,  goods 
and  other  property  whatever,  which  shall  come  into  his  hands,  and  for 
which  he  ought  so  to  account;  and  to  perform  all  the  duties  required  of 
him  by  this  act ;  and  shall  take  an  oath  or  affirmation  faithfully  to  execute 
the  trust  committed  to  him;  and  that  he  will  not  directly  or  indirectly  be 
concerned  or  interested  in  any  trade,  commerce  or  barter  but  on  the 
public  account 

Sec.  5.  And  be  it  Jurtker  enacted.  That  it  shall  be  the  duty  of 
each  of  the  said  agents  to  receive,  from  the  superintendent  of  Indian 
trade,  and  dispose  of  in  trade  with  the  Indian  nations  aforesaid,  such 
goods  as  may  be  transmitted  to  him  by  the  superintendent,  to  be  received 
and  disposed  of  as  aforesaid,  according  to  the  rules  and  orders  which 
the  President  of  the  United  States  shall  prescribe ;  and  he  shall  render 
an  account,  quarter  yearly,  to  the  superintendent  of  Indian  trade,  of  all 
money,  goods  and  other  property  whatsoever,  which  shall  be  transmitted 
to  him,  or  which  shall  come  into  his  hands,  or  for  which  in  good  faith 
he  ought  to  account ;  and  he  shall  transmit  duplicates  of  his  accounts  to 
the  Secretary  of  the  Treasury  of  the  United  States. 

Sec.  6.  And  be  it  further  enacted,  That  the  superintendent  of  Indian 
trade,  the  agents,  or  their  clerks,  or  other  persons  employed  by  them 
shall  not  be  directly  or  indirectly  concerned  or  interested  in  carrying  on 
trade  or  commerce  in  any  of  the  goods  or  articles  bought  for,  or  sup- 
plied to,  or  received  from  the  Indians,  or  shall  be  owner  in  whole  or  in 
part  of  any  sea  vessel,  or  shall  take  or  apply  to  his  or  their  use  any  gain 
or  emolument  for  negotiating  or  transacting  any  business  in  the  Indian 
department,  other  than  what  shall  be  allowed  by  law ;  and  that  the  said 
agents,  assistant  agents,  or  any  persons  employed  by  them,  shall  not  be 
directly  or  indirecOy  concerned  or  interested  in  carrying  on  the  busi- 
ness of  trade  or  commerce,  on  their  own  or  any  other  than  the  public 
account,  or  take  or  apply  to  his  or  their  use  any  emolument  or  gain  for 
negotiating  any  such  business,  during  their  appointment,  agency  or 
employment  respectively,  other  than  provided  by  this  act,  or  excepting 
for  and  on  account  of  the  United  States;  and  if  any  such  persons  shall 
offisnd  against  any  of  the  prohibitions  aforesaid,  he  shall  be  deemed 
guilty  of  a  misdemeanor,  and  shall,  upon  conviction  thereof,  forfeit  to 
the  United  States  a  sum  not  exceeding  one  thousand  dollars,  and  shall 
be  removed  from  such  office  agency  or  employment,  and  forever  there- 
after be  incapable  of  holding  any  office  under  the  United  States :  PrO' 
vided,  that  if  any  person,  other  than  a  public  prosecutor,  shall  give 
information  of  any  such  offence  upon  which  a  prosecution  and  convic- 
tion shall  be  had,  one  half  of  the  aforesaid  penalty,  when  recovered,  shall 
be  for  the  use  of  the  person  giving  such  information :  And  provided  also, 
that  if  such  misdemeanor  be  committed  by  the  superintendent  of 
Indian  trade,  or  by  any  agent  or  assistant  agent,  it  shall  be  deemed  a 
breach  of  the  condition  of  his  bond,  and  the  penalty  thereof  may  be  re- 
covered in  any  court  having  competent  jurisdiction  of  the  same. 

Sec.  7.  And  be  it  fitriher  enacted,  That  the  prices  of  goods  supplied 
to  and  to  be  paid  for  by  the  Indians  shall  be  regulated  in  such  manner, 

3i2 


-Salary  of  tiio 
•aperiBleadent. 


Agenta,  fcc. 
kc.  to  be  ap- 
pointed. 


Dutiea  of  the 
agenta,  Itc.  fcc. 


Snperintend- 
enta  of  Indian 
trade  not  allow, 
ed  to  carrr  on 
trade,  fcc.  kc. 


Proriao. 


RegnlatioBfl 
with  reaped  to 


664 


ELEVENTH  CONGRESS.    Sess.  UI.  Ca.  30.    1811. 


pricM  of  goodi 
■applied  to  the 
Induuii. 

Peiultiei,  kc. 


No  rait  to  be 
commenced  but 
in  the  state  or 
territory  in 
which  toe  cauie 
of  action  arose 
or  in  which  the 
defendant  may 
reside. 

Goods  for  an- 
nuities to  be 
sent  by  snperin* 
tendent,  fcc. 


Specific     ap- 
propriations for 
salaries  of  su- 
perintendent, 
sc.  &c. 


Pay   of   the 
agents,  &c.  Itc. 


Appropriation 
for  Indian  trade. 

1806,  ch.  48. 
1809,  ch.  34. 


that  the  capital  stock  furnished  bj  the  United  States  shall  not  be 
diminished. 

Sec.  8.  And  he  it  Juriher  enacted,  That  if  any  agent  or  agents,  their 
clerks  of  other  person  employed  by  them,  shall  purchase  or  recei?e 
from  any  Indian,  in  the  way  of  trade  or  barter,  any  gun,  or  other  article, 
commonly  used  in  hunting,  any  instrument  of  husbandry  or  cooking 
utensil,  of  the  kind  usually  obtained  by  Indians,  'in  their  intercourse 
with  white  people,  or  any  article  of  clothing,  excepting  skins  or  furs, 
he  or  they  shall  respectively  forfeit  the  sum  of  one  hundred  dollars  for 
each  offence,  to  be  recovered  by  action  of  debt  in  the  name  and  to 
the  use  of  the  United  States,  in  any  court  having  jurisdiction  in  like 
cases:  Provided,  That  no  suit  shall  be  commenced,  except  in  the  state 
or  territory  within  which  the  cause  of  action  shall  have  arisen,  or  in 
which  the  defendant  may  reside ;  and  it  shall  be  the  duty  of  the  super* 
intendent  of  Indian  trade,  or  of  the  superintendents  of  Indian  affairs, 
and  their  deputies  respectively,  to  whom  information  of  every  such 
offence  shall  be  given,  to  collect  the  requisite  evidence,  if  attainable,  to 
prosecute  the  offender  without  delay. 

Sec.  9.  And  be  it  further  enacted.  That  the  goods  requisite  for  an- 
nuities to  the  Indian  nations,  within  the  United  States  and  the  territories 
thereof,  and  for  treaties  with  them,  and  for  presents  to  be  made  them  at 
the  seat  of  government,  or  elsewhere,  shall  henceforward  be  purchased 
and  transmitted  to  the  proper  posts  and  places,  by  the  superintendent 
of  Indian  trade,  upon  orders  from  the  department  of  war,  and  the 
accounts  therefor  shall  be  rendered  to  the  war  department 

Sec.  10.  And  be  it  Jurther  enacted.  That  during  the  continuance  of 
this  act  the  annual  sum  of  two  thousand  dollars  for  the  payment  of  the 
salary  of  the  superintendent  of  Indian  trade,  and  the  annual  sum  of  two 
thousand  five  hundred  dollars,  for  the  payment  of  the  clerks  in  his  office 
(including  the  sum  of  eight  hundred  dollars,  allowed  for  an  additional 
clerk,  by  the  act  passed  on  the  twenty-sixth  day  of  February,  one  thou- 
sand eight  hundred  and  ten,)  are  hereby  appropriated,  to  be  paid  out  of 
any  money  in  the  treasury  of  the  United  States,  not  otherwise  appro- 
priated. 

Sec.  11.  And  be  it  fitrther  enacted.  That  during  the  continuance  of 
this  act,  the  President  of  the  United  States  be,  and  he  is  hereby  autho- 
rized to  draw  annually  from  the  treasury  of  the  United  States  a  sum  not 
exceeding  fourteen  thousand  seven  hundred  and  fifty  dollars,  to  be 
applied  under  his  direction,  to  the  payment  of  the  agents,  assistant 
agents  and  clerks,  at  the  trading  houses ;  which  agents  shall  be  allowed 
to  draw  out  of  the  public  supplies  two  rations  each,  and  each  clerk  one 
ration  per  day,  which  rations  or  such  payments  as  may  be  made  in  lieu 
thereof,  by  the  order  of  the  President,  shall  be  charged  to  the  trading 
fund ;  and  the  President  shall  cause  an  annual  report  to  be  made  to 
Congress  of  how  much  of  the  sum  so  authorized  has  been  drawn,  and  in 
what  manner  the  same  has  been  applied. 

Sec.  12.  And  be  it  further  enacted.  That  the  sum  of  two  hundred  and 
sixty  thousand  dollars,  appropriated  by  the  tenth  section  of  the  act,  enti- 
tuled  "An  act  for  establishing  trading  houses  with  the  Indian  tribes," 
approved  twenty-first  April,  one  thousand  eight  hundred  and  four,  and 
the  sum  of  forty  thousand  dollars,  appropriated  by  the  act,  entituled  "An 
act  supplemental  to  the  act,  entituled  An  act  for  establishing  trading 
houses  with  the  Indian  tribes,"  approved  third  March,  one  thousand 
eight  hundred  and  nine,  shall  be,  and  remain  a  fund  for  the  purpose  of 
carrying  on  trade  and  intercourse  with  the  Indian  nations,  in  the  man- 
ner provided  by  this  act,  exclusive  of  the  salary  of  the  superintendent  of 
Indian  trade  and  of  the  allowances  to  agents,  assistant  agents  and 
clerks. 

Sec.  13.  And  he  it  further  enaeted.  That  it  shall  be  the  duty  of  said 


ELEVENTH  CONGRESS.    Sesb.  III.  Ch.  31.    1811. 


655 


superintendent  of  Indian  trade,  under  the  direction  of  the  President  of 
the  United  States,  and  upon  such  terms  and  conditions  as  he  shall  pre- 
scribe, to  cause  the  furs  and  peltry,  and  other  articles,  acquired  in  trade 
with  the  Indian  nations,  to  be  sold  at  public  auction,  in  different  parts 
of  the  United  States,  or  otherwise  disposed  of,  as  may  be  deemed  most 
advantageous  to  the  United  States. 

Sec.  14.  And  be  it  further  enacted.  That  if  the  President  should 
deem  it  expedient  to  establish,  under  the  authority  of  this  act,  trading 
houses,  in  addition  to  the  number  now  in  operation,  for  the  purposes  of 
carrying  ofi  a  trade  with  the  Indian  tribes,  within  the  United  States,  or 
their  territories,  the  expenses  for  each  trading  house  so  established  shall 
not  exceed  the  following  sums  of  money,  in  addition  to  the  appropria- 
tions already  made  by  this  act,  viz :  For  the  principal  agent,  an  annual 
sum,  not  exceeding  one  thousand  dollars;  for  an  assistant  agent,  if 
necessary,  an  annual  sum  not  exceeding  five  hundred  dollars;  to  be 
drawn  by  the  President  out  of  any  monies  in  the  treasury  not  otherwise 
appropriated. 

Sec.  15.  And  he  it  further  enacted.  That  from  and  after  the  first  day 
of  April  next,  an  act,  entituled  "An  act  for  establishing  trading  houses 
with  the  Indian  tril)es,"  approved  on  the  twenty-first  of  April,  one  thou- 
sand eight  hundred  and  six,  and  an  act,  entituled  "An  act  supplemental 
to  the  act,  entituled  An  act  for  establishing  trading  houses  with  the 
Indian  tribes,"  approved  on  the  fourth  day  of  March,  one  thousand  eight 
hundred  and  nine,  shall  be,  and  the  same  are  hereby  repealed :  Pro- 
vided, that  nothing  herein  contained,  shall  be  construed  to  exonerate  any 
person  who  shall  not  have  performed  the  duty,  or  who  shall  have  violated 
any  of  the  prohibitions  contained  in  the  said  acts,  from  suits  or  prosecu- 
tions, but  as  to  all  bonds,  contracts,  debts,  demands,  rights,  penalties, 
punishments,  which  have  been  made,  have  arisen,  or  have  incurred,  or 
which  shall  be  made,  arise  or  be  incurred,  previous  to  the  first  day  of 
April  next,  the  said  acts  shall  have  the  same  force  and  effect,  as  though 
this  act  had  not  been  passed :  Provided  likewise,  that  the  superintendent 
of  Indian  trade,  the  agents,  assistant  agents  and  other  persons  employed 
under  the  aforesaid  acts,  shall  continue  to  hold  their  several  offices, 
appointments  and  trusts,  until  otherwise  removed,  any  thing  herein  con- 
tained that  might  be  construed  to  the  contrary  notwithstanding ;  and 
also  the  bonds,  which  they  or  either  of  them  have  given  or  may  gjve,  for 
the  faithful  execution  of  their  several  duties  and  offices,  shall  continue 
to  have  the  same  force  and  effect,  to  all  intents  and  purposes,  as  though 
this  act  had  not  been  passed. 

Sec.  16.  And  he  it  further  enacted,  That  this  act  shall  be  in  force 
from  and  after  the  first  day  of  April  next,  for  the  term  of  three  years, 
and  from  thence  to  the  end  of  the  session  of  Congress  next  thereafter 
and  no  longer. 

Approved,  March  2, 1811. 


Sopenntend- 
ent  to  dispose 
of  the  Airs  and 
peltry. 


Additional 
trading  bontet. 


How  the  ex- 

Senses  are  to  b« 
efrajed. 


|l«pealing 
clause. 


1806,  ch.  48. 
1809,  ch.  34. 


No  one  who 
shall  not  have 
performed  the 
dutv,  or  who 
shall  haTO  vio- 
lated the  pro. 
hibitions  in  the 
acts  to  be  ezon- 
erated  from 
suits. 


Commence* 
ment   and   ter- 
mination  of  this 
act. 


Statvtb  m. 


Chap.  XXXI.— s^n  Jd  to  establish  the  Districts  rf Mumphreymagog,  (f  Oswe*   March  2,  1811. 
gaiehie,  and  of  the  White  Mountains,  

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United     Momphreyma. 
States  of  America  in  Congress  assembled,  That  from  and  after  the   gog  district  es. 
first  day  of  April  next,  all  that  part  of  the  state  of  Vermont,  lying  east   t»WUhed. 
of  lake  Mumphreymagog,  and  including  also  all  such  shores  and  waters 
of  the  said  lake,  as  lie  within  the  said  state,  shall  constitute  a  district,  to 
be  called  the  district  of  Mumphreymagog ;  of  which  Derby  shall  be  the 
sole  port  of  entry ;  and  a  collector  for  the  said  district  shall  be  appointed 
to  reside  at  the  said  port  of  entry. 

Sec.  2.  And  he  it  further  enacted,  That  from  and  after  the  first  day 


666 


ELEVENTH  CONGRESS.    Ssra.  HI.  Ch.  32.    1811. 


Ofwegatchie 
district  ettab- 


Wliite  moan- 
taiiifl  difltrict  m- 
tabluhed. 


Port  of  entnr 
for  district  of 
Vermont  may  be 
altered. 

Compentatione 
of  the  collect- 
ort. 


1799,  ch.  82. 


of  April  next,  all  the  shores  and  waters  of  the  river  St.  Lawrence,  which 
lie  in  the  state  of  New  York,  east  of  the  western  boundary  of  the  county 
of  St.  Lawrence,  and  west  of  the  western  boundary  of  the  collection 
district  of  Champlain,  shall  constitute  a  district  to  be  called  the  district 
of  Oswegatchie,  of  which  Offdenburgh  shall  be  the  sole  port  of  entry, 
and  a  collector  for  the  said  district  shall  be  appointed  to  reside  at 
Ogdenburgh.  And  the  President  of  the  United  States  is  authorized  to 
establish  another  place  in  the  said  district  to  be  a  port  of  delivery  only; 
and  a  surveyor  shall  be  appointed  to  reside  at  such  port  of  delivery. 

Sec.  3.  And  be  it  further  enacted.  That  all  that  part  of  the  state  of 
New  Hampshire  which  lies  adjacent  to  the  northern  boundary  of  the 
United  States,  and  north  of  forty-four  decrees  thirty  minutes  north  lati- 
tude, shall  from  and  after  the  first  day  of  April  next,  constitute  a  district 
to  be  called  the  district  of  *'  White  Mountains;"  the  President  of  the 
United  States  is  authorized  to  establish  a  place  in  the  said  district  to  be 
the  port  of  entry;  and  a  collector  shall  be  appointed  to  reside  at  the  said 
place. 

Sec.  4.  And  he  it  further  enacted^  That  the  President  of  the  United 
States  be,  and  he  is  hereby  authorized  to  alter  the  place  which  had  here- 
tofore been  designated  to  be  the  port  of  entry  for  the  district  of  Vermont, 
and  to  establish  another  place  to  be  such  port  of  entry. 

Sec.  5.  And  he  it  further  enacted.  That  from  and  after  the  first  day 
of  April  next,  the  collectors  of  the  districts  established  by  this  act,  and 
the  collectors  of  the  districts  of  Vermont,  Champlain  and  Sackett's  Har- 
bour and  Oswego,  shall  each  receive,  in  addition  to  the  fees  and  com- 
missions allowed  by  law,  an  annual  salary  of  five  hundred  dollars  a  year; 
and  the  annual  salary  heretofore  allowed  to  the  collectors  of  the  three 
last  mentioned  districts  shaU,  from  and  after  the  said  first  day  of  April, 
be  discontinued;  and  the  surveyor  to  be  appointed  for  the  district  of 
Oswegatchie  shaU  receive,  in  addition  to  the  fees  allowed  by  law,  a 
salary  of  one  hundred  and  fifty  dollars  a  year. 

Approved,  March  2,  181 L 


Statutk  m. 


[ObMlete.] 

Premdent  an- 

thorised  to  bor- 

row    five    mil- 

liona  of  dollars. 


March  S,  1811.     Cbap.  XXXIl.— ^n  Jet. authorizing  a  loan  of  money ^  for  a  eum  not  exceeding 
~  fioe  mi&on»  of  doUare. 

Be  it  enacted  hy  the  Senate  and  House  of  RmresentdHves  of  the  United 
States  of  America  in  Congress  eusemhkd.  That  the  President  of  the 
United  States  be,  and  he  is  hereby  empowered  to  borrow,  on  the  credit 
of  the  United  States,  a  sum  not  exceeding  five  millions  of  dollars,  at  a 
rate  of  interest,  payable  quarter  yearly,  not  exceeding  six  per  centum 
per  annum,  and  reimbursable  at  the  pleasure  of  the  United  States,  or  at 
such  periods  as  may  be  stipulated  by  contract,  not  exceeding  six  years 
from  the  first  day  of  January  next;  to  be  applied  in  addition  to  the  mo- 
nies now  in  the  treasury,  or  which  may  be  received  therein  from  other 
sources  during  the  present  year,  to  defray  any  of  the  public  expenses 
which  are  or  may  be  authorized  by  law.  The  stock  thereby  created 
shall  be  transferable  in  the  same  manner  as  is  provided  by  law  for  the 
transfer  of  the  funded  debt:  And  it  is  further  herd^y  dedared,  that  it 
shall  be  deemed  a  good  execution  of  the  said  power  to  borrow,  for  the 
Secretary  of  the  Treasury,  with  the  approbation  of  the  President  of  the 
United  States,  to  cause  to  be  constituted  certificates  of  stock,  signed  by 
the  register  of  the  treasury,  or  by  a  commissioner  of  loans  for  the  sum 
to  be  borrowed,  ox  for  any  part  thereof,  bearing  an  interest  of  six  per 
cent  per  annum,  transferable  and  reimbursable  as  aforesaid ;  and  to 
cause  the  said  certificates  of  stock  to  be  sold  at  auction,  after  having 
given  thirty  days' public  notice  of  the  time  and  place  of  such  sale:  Pro^ 
vided,  that  no  such  stock  be  sold  under  par. 


Profiio. 


ELEVENTH  CONGRESS.    Smb.  UI.  Ch.  38.    1811. 


d57 


See.  2.  And  he  U  further  enacted^  That  so  much  of  the  funds  con- 
stituting the  annual  appropriation  of  eight  millions  of  dollars,  for  the 
payment  of  the  principal  and  interest  of  the  public  debt  of  the  United 
States,  as  may  be  wanted  for  that  purpose,  is  hereby  pledged  and  appro- 
priated for  the  payment  of  the  interest,  and  for  the  reimbursement  of  the 
principiJ  of  the  stock,  which  may  be  created  by  virtue  of  this  act  It 
shall  accordingly  be  the  duty  of  the  commissioners  of  the  sinkins  fund 
to  cause  to  be  applied  and  paid  out  of  the  said  fund  yearly,  ana  every 
year,  such  sum  and  sums  as  may  be  annually  wanted  to  discharge  the 
interest  accruing  on  the  said  stock,  and  to  reimburse  the  principal  as 
the  same  shall  become  due,  and  may  be  discharged  in  conformity  with 
the  terms  of  the  loan ;  and  they  are  further  authorized  to  apply,^from 
time  to  time,  such  sum  or  sums  out  of  the  said  fund,  as  they  may  think 
proper,  towards  redeeming  by  purchase,  and  at  a  price  not  above  par, 
the  principal  of  the  said  stock  or  any  part  thereof  And  the  faith  of  the 
United  States  is  hereby  pledged  to  establish  sufficient  revenues  for 
making  up  any  deficiency  that  may  hereafter  take  place  in  the  funds 
hereby  appropriated  for  paying  the  said  interest  and  principal  sums,  or 
any  of  them  in  manner  aforesaid. 

Appboyed,  March  %  1811. 


Fuiidi  pledg. 
•d  for  paying 
interatt,  sc. 


Statdts  ni. 


CwLi^.JOUaiL^^nJktUtmmexapartiftheUaUof  NewJentyioihtw  March  g,  1811. 

Hon  dUtriei  tf  New  York  f  to  remote  the  qffiee  of  Coueetor  cfJNiagara  to  Lewii' 
totoni  to  make  Ckqte  Si.  Fineeni^  in  the  aUtriet  if  Saekevt  HaAor^  a  port  cf 
delivery  f  and  out  cf  ike  dietriete  cf  Miami  and  Mieeieeippi  to  make  two  new 
dietrieU^  to  he  called  the  DietrieU  ^  Sandueky  and  Teehe ;  and  for  other  pur* 
poeee. 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assemhleJ,  Thui  all  that  part  of  the  state 
of  New  Jersey,  which  lies  north  and  east  of  Elizabethtown  and  Staten 
Island,  be,  and  the  same  is  hereby  annexed  to  the  district  of  New  York ; 
that  an  assistant  collector,  to  be  appointed  and  commissioned  by  the 
President  of  the  United  States,  shall  reside  at  the  town  of  Jersey,  who 
shall  have  power  to  enter  and  clear  vessels  in  like  manner  as  the  col- 
lector of  New  York  is  authorized  by  law  to  do ;  but  such  assistant  col- 
lector shall  nevertheless  act  in  conformity  to  such  instructions  and 
regulations  as  he  shall  from  time  to  time  receive  from  the  collector  of 
New  York ;  and  that  the  said  assistant  collector  shall  receive  for  his 
annual  salary  one  thousand  dollars,  in  full  for  all  services  to  be  by  him 
performed,  and  in  lieu  of  commissions  and  fees. 

Sec.  2.  And  he  it  further  enacted.  That  all  that  part  of  the  Miami 
district,  lying  east  of  the  western  cape  of  Sandusky  bay,  shall  be  a  dis- 
trict, to  be  called  the  district  of  Sandusky ;  and  the  President  is  hereby 
authorized  to  designate  such  place  in  the  district  of  Sandusky,  as  he 
shall  judge  expedient,  to  be  the  port  of  entry  of  the  said  district;  and  a 
collector  for  the  said  district  shdl  be  appointed  to  reside  at  the  port  of 
entry. 

Sec.  3.  And  he  ii  further  enacted,  That  Cape  Vincent  in  the  district 
of  Sacket's  Harbor  shall,  from  and  after  the  thirty-first  day  of  May  next, 
be  a  port  of  delivery  only ;  and  a  surveyor  shall  be  appointed  to  reside 
at  the  said  port 

Sec.  4.  And  he  it  further  enacted,  That  the  collector's  office  shall, 
after  the  thirty-first  day  of  May  next,  be  removed  from  Port  Niagara  to 
Lewistown,  which  last  mentioned  place  shall  in  future  be  the  residence 
of  the  collector;  and  also  that  the  office  of  the  collector  of  the  customs, 
for  the  district  of  Bnffaloe  creek,  shall  be  kept  at  such  place  or  places  in 
the  town  of  Buffidoe  as  the  President  of  the  United  States  shall 
designate. 

Vol.  II.--^ 


Pah  of  tho 
•Ute  of  New 
JeraoT  added  to 
the  difltriet  of 
New  York. 


1799,  ch.  29, 
iec.6. 


Diatrict  of 
Sandoaky. 

1805,  ch.  34. 


Cape'Vijiceat 
made  a  port  of 
deliTory  only. 


Tranafor  of 
the  co]lector>8 
office  from  Ni- 
agara to  Le#ia- 
town,  ko.  kc 

1799,  ch.  S9» 
sec.  9. 


658 


ELEVENTH  CONGRESS.    Sess.  IH.  Ch.  34, 3&    1811. 


Vewelfl  from 
or  beyond  the 
Cape  of  Good 
Hope  may  enter 
at  Plymouth. 

Bangor  made 
a  port  of  de- 
lifery. 


Diatrict  of 
Teche  eaUb* 


Sarveyortobe 
appointed,  to 
reside  at  the 
month  of  Rap- 
pahannock. 
Compensations 
of  the  collectors 
and  surveyors. 

1799,  ch.  22. 


Statvtb  III. 

March2,\Sll. 
[Obsolete.] 

1810,  ch.  17. 


Sec.  5.  And  be  it  fiarther  enacted.  That  ships  or  vessels,  arriving 
from  aod  after  the  first  day  of  May  next  from  the  Cape  of  Good  Hope, 
or  from  any  place  beyond  the  same,  shall  be  admitted  to  make  entry  at 
Plymouth  and  Nantucket  ports  of  entry  in  the  state  of  Massachusetts. 

Sec.  6.  And  he  it  Juriher  enacted.  That  from  and  after  the  first  day 
of  May  next,  Bangor,  in  the  district  of  Penobscot,  in  the  state  of  Mas- 
sachusetts, be,  and  the  same  is  hereby  made  a  port  of  delivery,  to  be 
annexed  to  the  district  of  Penobscot;  and  that  a  surveyor  be  appointed 
to  reside  at  the  said  port  of  delivery. 

Sec.  7.  And  he  it  fiarther  enacted.  That  all  that  part  of  the  collection 
district  of  Mississippi,  which  includes  the  waters  of  the  river  Teche,  and 
all  the  shores,  bays  and  riven,  west  of  the  Atchafalaya,  be,  and  the  same 
is  hereby  established  as  a  new  district,  to  be  called  the  district  of  Teche ; 
that  Nova  Iberia  be  the  port  of  entry  for  the  same;  and  that  a  collector 
be  appointed  to  reside  at  the  port  of  entry. 

Sec.  8.  And  he  it  fiirther  enacted.  That  a  surveyor  be  appointed  to 
reside  at  or  near  the  mouth  of  the  Rappahannock  river,  at  such  place  as 
the  President  of  the  United  States  shall  designate. 

Sec.  9.  And  he  it  fiirther  enacted,  That  the  several  collectors  and 
surveyors,  who  may  be  appointed  by  virtue  of  this  act,  and  whose  salarite 
are  not  fixed  by  a  preceding  section,  shall,  in  addition  to  the  fees  and 
c(im missions  authorized  by  law,  receive  respectively  the  same  annual 
salary  which  by  law  is  allowed  to  the  cpUectors  and  surveyors  of  the 
districts  bordering  on  Lake  Erie. 

Approved,  March  2,  1811. 


Statute  III. 
March  2,  1811. 

[Expired.] 


1813,  ch.  63. 


Chap. 


XXXIV.— wtfn  Act  to  extend  the  time  for  eomaletingihe  third  eenmu^  or 
enumeration  of  the  inhabitanie  of  the  United  Statee, 

Be  it  enacted  hy  the  Senate  and  Hotise  of  Rmresentaiives  of  the  United 
States  of  America  in  Congress  assemhted,  That  the  assistants  in  the 
several  states  and  territories,  for  which  returns  have  not  been  completed, 
have,  until  the  first  Monday  of  June  next,  to  make  their  returns  to  the 
marshals  and  secretaries ;  and  that  the  marshals  and  secretaries  have, 
until  the  first  Monday  of  July  next,  to  make  and  file  their  returns  in  the 
office  of  the  Secretary  of  State,  any  law  to  the  contrary  notwithstanding. 

Approved,  March  2,  1811. 


Chap.  XXX  VI.— gtfn  Jet  deehrimt  the  content  cf  Qmgreu  to  an  act  cf  the  etati 
cf  Georgia^  pasted  the  twelfth  tf  Deumber^  one  thoueand  eight  hundred  and 
four^  •'  edabHshing  thefeee  tf  the  harbor  matter  and  health  qffieer  tf  the  porte 
of  Savannah  and  St.  Harm's.'* 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assefnbled,  That  the  consent  of  Congress 
be,  and  hereby  is  granted  and  declared  to  the  operation  of  an  act  of  the 
legislature  of  Georgia,  passed  the  twelfth  of  December,  one  thousand 
eight  hundred  and  four,  establishing  the  fees  of  the  harbor  master  and 
health  officer  of  the  ports  of  Savannah  and  St.  Mary's. 

Sec.  2.  And  be  it  further  enaeUd,  That  this  act  shall  be  in  force 
for  one  year,  and  no  longer. 

Approved,  March  2, 1811. 


ELEVENTH  CONGRESS.    Sbss.  III.  Ch.  37,  38.     1811. 


Chap.XXXVIL— i^n  Ad  to  erect  a  Kghthouee  on  Boon  island  in  the  itaUtf  Mob- 
Moekuseite^  to  plau  buove  df  Cape  Fear  river^  and  to  erect  a  beacon  at  New 
Jniet^  in  the  etate  of  JVortk  Carolina^  and  to  plau  buoye  at  the  entranu  cf  the 
harbor  tf  Edgartown^  and  to  erect  a  column  ^  etone  on  Cape  Elizabeths  and  to 
complete  the  beaeona  and  buoye  at  the  entranu  tf  Beverly  harbor ^  in  the  atate  cf 
Maeaaehueette, 

Be  it  enacted  by  the  Senate  and  House  of  Rwresentatives  of  the  United 
States  of  America  in  Congress  assembled.  That  the  Secretary  of  the 
Treasury  be,  and  he  is  hereby  authorized,  on  being  satisfied  that  Boon 
island  in  the  district  of  Maine,  in  the  state  of  Massachusetts,  is  a  fit  and 
eligible  site  for  a  lighthouse,  and  that  one  ought  to  be  erected  thereon, 
to  cause  a  lighthouse  to  be  built  on  the  said  island :  Provided,  that  the 
legislature  of  Massachusetts  shall  vest  the  property  of  the  said  island  in 
the  United  States,  and  cede  the  jurisdiction  of  the  same. 

Sec.  2.  And  be  itfitrther  enacted,  That  the  Secretary  of  the  Treasury 
be,  and  he  is  hereby  directed  to  cause  buoys  to  be  placed  at  or  near  the 
main  bar,  and  New  Inlet  bar  off  Cape  Fear ;  and  also,  to  cause  to  be 
erected  a  beacon  on  a  point  of  land,  near  New  Inlet,  in  the  state  of 
North  Carolina. 

Sec.  3.  And  be  it  further  enacted.  That  the  Secretary  of  the  Treasury 
be,  and  he  is  hereby  directed  to  cause  such  buoys  as  he  shall  deem  neces- 
sary, to  be  placed  at  the  entrance  of  the  harbor  of  Edgartown,  in  the 
state  of  Massachusetts. 

Sec.  4.  And  be  it  further  enacted,  That  it  shall  be  the  duty  of  the 
Secretary  of  the  Treasury  to  cause  to  be  erected  a  column  of  stone,  as 
a  beacon,  on  Cape  Elizabeth,  in  the  state  of  Massachusetts,  of  such 
form  and  dimensions  as  he  shsill  deem  necessary. 

Sec.  5.  And  be  it  Jurther  enacted,  That  the  following  sums  of  money 
be,  and  the  same  are  hereby  appropriated  for  the  purposes  herein  men- 
tioned, to  wit :  For  the  erection  of  a  lighthouse  on  Boon  island,  three 
thousand  dollars ;  for  placing  buoys  on  the  places  mentioned  off  Cape 
Fear  river,  two  thousand  dollars ;  for  placing  buoys  at  the  entrance  of 
the  harbor  of  Edgartown,  two  thousand  dollars ;  for  erecting  a  beacon, 
one  thousand  eight  hundred  dollars;  and  for  erecting  a  column  on  Cape 
Elizabeth,  one  thousand  eight  hundred  dollars ;  and  for  completing  the 
beacons  and  buoys  ordered  to  be  placed  near  the  entrance  of  Beverly 
harbor,  in  the  state  of  Massachusetts,  the  further  sum  of  three  hundred 
and  fifty  dollars. 

Approved,  March  2,  1811. 


Statutb  IIL 
March  2,  1811. 


8ecr«tarj  of 
the  Treaaanr 
may  esubliaa  a 
lighthouaa  oa 


Baoyt  to  1m 
placed  off  Cape 
Fear. 


Bnoyt  to  be 
placed  at  Edgar- 
town harbor. 


Beacon  to  be 
placed  on  Cape 
Elisabeth. 


Specific   ap- 
propriation!. 


STATVTSin. 


Chap.  XXX  VIII.— .tfn  Jet  to  extend  the  right  tf  n^frage  in  the  Indiana  terri- 
tory, and  for  other  purpoaei» 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  each  and  every  free  white 
male  person,  who  shall  have  attained  the  age  of  twenty-one  years,  and 
who  shall  have  paid  a  county  or  territorial  tax,  and  who  shall  have 
resided  one  year  in  said  territory,  previous  to  any  general  election,  and 
be  at  the  time  of  any  such  election  a  resident  of  said  territory,  shall  be 
entitled  to  vote  for  members  of  the  legislative  council  and  house  of 
representatives  of  the  territorial  legislature,  and  for  a  delegate  to  the 
Congress  of  the  United  States  for  said  territory. 

Skc.  2.  And  be  it  further  enacted,  That  the  citizens  of  the  Indiana 
territory,  entitled  to  vote  for  representatives  to  the  general  assembly 
thereof,  may  on  the  third  Monday  of  April  next,  and  on  the  third  Mon- 
day of  April  biennially  thereafter  (unless  the  general  assembly  of  said 
territory  shall  appoint  a  different  day)  elect  one  delegate  for  said  terri- 


March  8,  1811. 

Act  of  Feb. 
87, 1809,  ch.  19. 

Act  of  Deo. 
16, 1809,  ch.  2. 

Qaalificationa 
of  voteri. 

1814,  ch.  19. 


Biennial  elee- 
tiona. 


MO 


ELEVENTH  CONGRESS.    Sm.  in.  Ch.  40, 41.    1811. 


Penaltjofone 
thoamiodoUan 
for  negleet  or 
rafataJ  of  aher- 
iffa. 

1809,  ch.  19. 


I  bold, 
ing   placet    of 
profit,  excluded 
from  council, 
kc. 

SheriiftocaoM 
electiona  to  be 
beld  aoder  pen- 
altj  of  one  tbou- 
aand  dollars. 


Statute  III. 


tory  to  the  Congress  of  the  United  States,  who  shall  possess  the 
powers  heretofore  panted  by  law  to  the  same. 

Sec.  3.  And  be  U  further  enacted.  That  each  and  eveiy  sheriff,  that 
now  is,  or  hereafter  may  be  appointed  in  said  territory,  who  shall  either 
neglect  or  refuse  to  perform  the  duties  required  by  an  act,  entituled 
"An  act  extending  the  right  of  suffrage  in  the  Indiana  territory,  and  for 
other  purposes,"  passed  in  February,  one  thousand  eight  hundred  and 
nine,  shall  be  liable  to  a  penalty  of  one  thousand  dollars,  recoverable  by 
action  of  debt,  in  any  court  of  record,  within  the  said  territory,  one  half 
for  the  use  of  the  informer,  and  the  other  for  the  use  of  the  territory. 

Sec.  4.  And  he  it  furtJur  enacted.  That  any  person  holding,  or  who 
may  hereafter  hold,  any  office  of  profit  from  the  governor  of  the  Indiana 
territory  (justices  of  the  peace  and  militia  officers  excepted)  shall  be 
ineligible  to,  and  disqualified  to  act  as  a  member  of  the  legislatire  coaiw 
cil  or  house  qf  representatives  for  said  territory. 

Sec.  5.  And  be  it  further  enacted.  That  each  and  every  sheriff,  in 
each  and  every  county,  that  now  is  or  hereafter  may  be  established  in 
said  territory,  shall  cause  to  be  held  the  election  prescribed  by  this  act, 
according  to  the  time  and  manner  prescribed  by  the  laws  of  said  terri* 
tory  and  this  act,  under  the  penalty  of  one  thousand  dollars,  to  be  reco- 
vered in  the  manner  and  for  the  use  pointed  out  by  the  third  section  of 
this  act 

Approved,  March  3,  1811. 


March  3,  1811.     Cbap.  XL. 


$300  per  an- 
nam  additional 
■alanr  allowed 
to  cbief  joatice 
of  the  circuit 
court  for  the 
diatrict  of  Co- 
lumbia, and 
$400  additional 
to  each  of  the 
aaaiatantjudgea. 

Statfr  III. 

March  3, 1811. 


$5,000  appro, 
priated  for  car- 
rying into  eifeet 
a  treatT  between 
the  U.  Sutea 
and  the  Great 
and  Little  Oiage 
nation! ;  with  a 
permanent  an- 
nual appropria- 
tion of  $1000 
for  the  Great  and 
$600  for  the  Lit- 
tle Otage  nation. 

$680  appro- 
priated to  par 
the  sum  allowed 
J.  E.  Leitent- 
dorfer  by  the  act 
ofFeb.  13,1811, 
ch.  IS. 


Jid  to  inereaae  the  eahriee  cf  the  Judgee  cf  the  Oreuit  Cowri 
for  the  Dittriet  tf  Columbia, 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assemblea.  Thai  in  addition  to  the  com- 
pensation heretofore  allowed  by  law  to  the  judges  of  the  circuit  court 
for  the  district  of  Columbia,  the  sum  of  two  hundred  dollars  per  annum 
be  paid  to  the  chief  justice  of  the  said  court,  and  the  sum  of  four  hun- 
dred dollars  per  annum  be  paid  to  each  of  the  assistant  judges,  payable 
quarter  yearly ;  the  first  quarterly  payment  to  be  made  on  the  first  day 
of  April  next. 

Approved,  March  3, 1811. 


Cbap.  XLI.— ^n  Jet  making  mproprialion$for  earring  into  ^od  a  trtaiy 
between  the  United  Statu  and  the  Great  and  lAttle  (kage  natiane  if  Iwtiane, 
concluded  at  Fort  Clarke^  on  the  tenth  day  ef  Nooemher^  one  thoumtnd  eigU 
hundred  and  eight,  and  for  other  purpoaee* 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  for  the  purpose  of 
carrying  into  effect  a  treaty  between  the  United  States  and  the  Great 
and  Little  Osage  nations  of  Indians,  concluded  and  signed  at  Fort 
Clarke  on  the  Missouri,  on  the  tenth  day  of  November,  one  thousand 
eight  hundred  and  eight,  the  sum  of  five  thousand  dollars  be,  and  the  same 
is  hereby  appropriated ;  and  the  further  annual  sum  of  one  thousand 
dollars  to  the  Great  Osage  nation,  and  of  five  hundred  dollars  to  the 
Little  Osase  nation,  to  be  paid  annually  to  the  said  nations;  which 
annuities  snail  be  permanent. 

Sec.  2.  And  be  it  further  enacted.  That  the  sum  of  six  hundred  and 
eighty  dollars  be,  and  the  same  is  hereby  appropriated,  for  paying  John 
Eugene  Lettensdorfer  the  sum  allowed  him  by  the  act  passed  on  the 
thirteenth  d^y  of  February,  one  thousand  eight  hundred  and  eleven. 

Sec.  3.  And  be  it  further  enacted.  That  the  several  sums  appro- 
priated by  this  act,  shall  be  paid  out  of  any  money  in  the  treasury  nol 
otherwise  appropriated. 

Approved,  March  3,  1811. 


ELEYENTH  CONGRESS.    Sbsb.  in.  Ch.  43,  44,  45.    1811. 


Ml 


Chap.  XLIII.— ^n  Jd  making  further  ii^pproprtaUonM  to  complete  the  forti/i» 
eaUone  commenced  for  the  Hcurity  (f  the  port*  and  harbort  of  the  United 
Statee. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembud^  That  for  the  purpose  of 
completing  the  fortifications  commenced  for  the  security  of  the  ports, 
towns  and  harhors  of  the  United  States,  and  the  territories  thereof,  there 
be,  and  hereby  is  appropriated  the  sum  of  one  hundred  and  thirty-one 
thousand  and  forty-six  dollars  and  thirty  cents,  to  be  paid  out  of  any 
monies  in  the  treasury  not  otherwise  appropriated. 

Approted,  March  3,  1811. 


StatutbIIL 
March  3, 1811. 

Appropnatioo* 
[Obwlete.] 


Obaf.  XLIY. — Jn  Jet  for  aUowing  a  reaeonable  compeneatian  to  the  persons 
who  have  taken  an  account  if  the  several  manufacturing  cstabHskmenis  and 
mamfactures  within  the  United  States, 

Be  it  enacted  hy  the  Senate  and  House  of  Rjapresentatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  Secretary  of  the 
Treasury  be,  and  he  hereby  is  authorized  to-  allow  such  reasonable  com- 
pensation as  he  shall  deem  adequate,  for  the  services  of  each  of  those 
persons  who  took,  under  his  direction,  in  pursuance  of  an  act,  entituled 
''An  act  further  to  alter  and  amend  An  act  providing  for  the  third  census 
or  enumeration  of  the  inhabitants  of  the  United  States,"  an  account  of 
the  several  manufacturing  establishments  and  manufactures  within  their 
several  districts :  Provided  however,  that  nothing  herein  contained  shall 
authorize  the  Secretary  of  the  Treasury  to  expend  out  of  the  fund 
already  appropriated  for  taking  the  enumeration  of  the  inhabitants  of 
the  United  States,  a  sum  exceeding  thirty  thousand  dollars. 

Approved,  March  3,  1811. 


Statute  HI. 
Marah  9,  1811. 


Compentation 
to  penont  tak- 
ing an  aecoQBt 
or  manufactiir- 
ing  eatablkh- 
ments. 


[Obaolete.] 
1810,  ch.  38. 


Statute  III. 


Chap.  XLV.— ^n  Jet  in  addition  to  the  act  to  regulate  the  laying  out  and    March  3, 1811 
making  a  road  from  Cumberland^  in  the  state  of  Maryland^  to  the  state  of 
Ohio.{a) 


Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
^ates  of  America  in  Congress  assembled,  That  in  addition  to  the  unex* 
pended  balance  of  the  sum  heretofore  appropriated  for  laying  out  and 
making  a  road  from  Cumberland  in  the  state  of  Maryland,  to  the  state 
of  Ohio,  the  sum  of  fifty  thousand  dollars  be,  and  the  same  is  hereby 
appropriated,  to  be  paid  out  of  any  money  in  the  treasury  not  otherwise 
appropriated,  and  to  be  expended  under  the  direction  of  the  President 
of  the  United  States,  in  making  said  road  between  Cumberland  in  the 
state  of  Maryland,  and  Brownsville  in  the  state  of  Pennsylvania,  com- 
mencing at  Cumberland ;  which  sum  of  fifly  thousand  dollars  shall  be 
replaced  out  of  the  fund  reserved  for  laying  out  and  making  roads  to  the 
state  of  Ohio,  by  virtue  of  the  seventh  section  of  an  act  passed  on  the 
thirtieth  day  of  April,  one  thousand  eight  hundred  and  two,  entituled 
"An  act  to  enable  the  people  of  the  eastern  division  of  the  territory 
nohhwest  of  the  river  Ohio  to  form  a  constitution  and  state  government, 
and  for  the  admission  of  such  state  into  the  Union,  on  an  equal  footing 
with  the  original  states,  and  for  other  purposes." 

Sec.  2.  And  be  it  further  enacUd,  That  the  President  of  the  United 
States  be,  and  he  is  hereby  authorized  and  empowered  to  permit  such 
deviations  from  the  courses  run  and  established  by  the  commissioners 
under  the  authority  of  *'An  act  to  regulate  the  laying  out  and  making  a 
road  from  Cumberland  in  the  state  of  Maryland,  to  the  state  of  Ohio," 
'  .       .     '  .  '  '  .1  — ,,  I.- 

(0)  See  act  of  March  S9,  1806,  chap.  19,  and  aotee. 

3K 


[Obsolete.] 
Additional  ap- 
propriation. 


1S06,  ch.  19. 
1816,  oh.  48. 


President  may 
permit     devia. 
tions    IVom 
courses  hereto* 
fore  ma* 


ea2 


ELEVENTH  CONGRESS.    Sess.  IU.  Cu.  46.     1811. 


as  in  his  opinion  shall  be  deemed  expedient :  Provided,  that  no  deriatioD 
shall  be  made  from  the  principal  points  established  on  said  road  between 
Cumberland  and  Brownsville. 
Approved,  March  3,  1811. 


Statvtk  in. 
March  9,  1811. 

Act  of  Feb. 
16,l811,cb.l4. 

Act  of  April 
25, 1812,  ch. 67. 

Act   of  May 
11, 1820,  ch.  86. 

Allowancea 
and  compen- 
•■tiona. 


Datiea  of  the 
deputy  lurvey- 
ora  and  mode  of 
■unrey. 


Land-officet 
to  be  eitabliah- 
ed  at  New  Or- 
leana  and  Ope- 
lonaaa,  ke. 


Chap.  XLVI.— -wfn  Jet  providing  for  the  final  adjudmeni  cf  ekUma  to  landt^ 
and  for  the  eale  tf  the  fublie  lands  in  the  territoriee  cf  Orletma  and  Louinana^ 
and  to  repeal  the  act  paeeed  for  the  eame  purpose,  and  tgaprooed  February  «ta> 
teenth,  one  thousand  eight  hundred  and  eleven. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  T\i2X  the  following  allowances 
and  compensations  shall  be  made  to  the  several  officers  af^inted  for  the 
purpose  of  ascertaining  the  rights  of  persons  claiming  lands  in  the  terri- 
tories of  Orleans  and  Louisiana ;  which  allowances  and  compensations 
shall  be  in  full  for  all  their  services,  including  those  rendered  since 
their  salaries  respectively  ceased ;  that  is  to  say :  To  each  of  the  com- 
missioners, and  to  each  of  the  clerks  of  the  boards,  fifty  cents  for  each 
claim,  duly  filed  according  to  law,  which  remained  undecided  on  the 
first  day  of  July,  one  thousand  eight  hundred  and  nine,  and  on  which  a 
decision  has  been  made  subsequent  to  that  day,  or  shall  hereafler  be 
made,  whether  such  decision  be  in  favour  of,  or  against  the  claim :  which 
allowance  of  fifty  cents  shall  be  paid  at  the  treasury  of  the  United  States, 
from  time  to  time,  and  on  receipt  of  the  transcripts  of  the  decisions  and 
of  the  reports  of  claims  not  finally  confirmed,  as  the  same  may  be  trans- 
mitted by  the  boards  respectively  to  the  Secretary  of  the  Treasury 
according  to  law.  To  each  of  the  said  commissioners  and  clerks  a 
further  allowance  of  five  hundred  dollars,  to  be  paid  afier  the  comple- 
tion of  the  business  of  each  of  the  boards  respectively  to  the  officers  then 
in  office.  And  to  each  of  the  translators,  at  the  rate  of  six  hundred 
dollars  a  year,  and  not  to  exceed  in  the  whole  for  each  the  term  of 
eighteen  months :  Provided  always,  that  the  above  mentioned  allowance 
of  fifly  cents  for  each  claim  decided  upon,  shall  not  be  made  to  any  of 
the  commissioners  who  may  be  absent  at  the  time  of  such  decision ;  the 
attendance  of  each  to  be  certified  by  the  clerk,  or  by  a  majority  of  the 
board :  And  provided  also,  that  no  allowance  shall  be  made  to  any  agent 
heretofore  employed  by  the  Secretary  of  the  Treasury  for  any  period  of 
time,  subsequent  to  the  time  when  such  agent  ceased  to  act,  or  when 
the  board  ceased  to  receive  evidence. 

Sec.  2.  And  be  it  further  enacted,  That  the  two  principal  deputy 
surveyors  of  the  territory  of  Orleans  shall,  and  they  are  hereby  autho- 
rized, in  surveying  and  dividing  such  of  the  public  lands  in  the  said  ter- 
ritory, which  are  or  may  be  authorized  to  be  surveyed  and  divided,  as 
are  adjacent  to  any  river,  lake,  creek,  bayou,  or  water  course,  to  vary 
the  mode  heretofore  prescribed  by  law,  so  far  as  relates  to  the  contents 
of  the  tracts,  and  to  the  angles  and  boundary  lines,  and  to  lay  out  the 
same  into  tracts  as  far  as  practicable,  of  fif\y-eight  poles  in  front  and 
four  hundred  and  sixty-five  poles  in  depth,  of  such  shape,  and  bounded 
by  such  lines  as  the  nature  of  the  country  will  render  practicable,  and 
most  convenient :  Provided  however,  that  such  deviations  from  the  ordi- 
nary mode  of  surveying  shall  be  made  with  the  approbation  of,  and  in 
conformity  with  the  general  instructions  which  may  be  given  to  that 
effect,  by  the  surveyor  of  the  public  lands  south  of  the  state  of  Tennes- 
see. 

Sec.  3.  And  be  it  further  enacted.  That  for  the  disposal  of  the  lands 
of  the  United  States,  lying  in  the  eastern  land  district  of  the  territory  of 
Orleans,  a  land-office  shall  be  established  at  New  Orleans ;  and  that  for 
the  disposal  of  the  lands  of  the  United  States,  lying  south  of  Red  river,  in 
the  western  land  district  of  the  territory  of  Orleans,  a  land-office  shall  be 


ELEVENTH  CONGRESS.    Sbsb.  III.  Cb.  46.    1811. 


established  at  Opeloasas ;  and  that  for  the  disposal  of  the  lands  of  the 
United  States,  lying  north  of  Red  river,  in  the  western  land  district  of 
the  territory  of  Orleans,  a  land-office  shall  be  established,  which  shall  be 
kept  at  such  place  as  the  President  of  the  United  States  may  direct.  The 
register  of  the  western  land  district  of  the  territory  of  Orleans  shall  act 
as  register  of  the  land-office  of  Opelousas,  and  as  one  of  the  commission- 
ers for  ascertaining  the  rights  of  persons  claiming  lands  in  any  part  of 
the  said  western  land  district.  And  for  the  land-office  north  of  the  Red 
river,  a  register,  and  for  each  of  the  said  three  offices  a  receiver  of  public 
monies  shall  be  appointed,  who  shall  give  security  in  the  same  manner, 
in  the  same  sums,  and  whose  compensations,  emoluments,  duties  and 
authority,  shall  in  every  respect  be  the  same,  in  relation  to  the  lands 
which  shall  be  disposed  of  at  their  offices,  as  are  or  may  be  provided  by 
law,  in  relation  to  the  registers  and  receivers  of  public  monies  in  the 
several  offices  established  for  the  disposal  of  the  lands  of  the  United 
States,  in  the  territory  of  Mississippi. 

Sec.  4.  And  be  it  further  enacted^  That  the  powers  vested  in  the 
President  of  the  United  States  by  the  eleventh  section  of  the  act,  enti- 
tuled  **An  act  supplementary  to  an  act,  entituled  An  act  for  ascertaining 
and  adjusting  the  titles  and  claims  to  land  within  the  territory  of  Orleans, 
and  the  district  of  Louisiana,"  passed  on  the  twenty-first  day  of  April, 
one  thousand  eight  hundred  and  six,  in  relation  to  the  public  lands, 
lying  in  the  western  district  of  the  territory  of  Orleans,  and  all  the  other 
provisions  made  by  the  same  section,  for  the  sale  of  said  lands,  and  for 
obtaining  patents  for  the  same,  shall  be,  and  the  same  are  hereby,  in 
every  respect,  extended  to  the  public  lands,  lying  in  the  eastern  district 
of  the  territory  of  Orleans. 

Sec.  5.  And  be  it  further  enacted^  That  every  person  who,  either  by 
virtue  of  a  French  or  Spanish  grant  recognized  by  the  laws  of  the  United 
States,  or  under  a  claim  confirmed  by  the  commissioners  appointed  for 
the  purpose  of  ascertaining  the  rights  of  persons  claiming  lands  in  the 
territory  of  Orleans,  owns  a  tract  of  land  bordering  on  any  river,  creek, 
bayou,  or  water  course,  in  the  said  territory,  and  not  exceeding  in  depth 
forty  arpens,  French  measure,  shall  be  entitled  to  a  preference  in  be- 
coming the  purchaser  of  any  vacant  tract  of  land  adjacent  to,  and  back 
of  his  own' tract,  not  exceeding  forty  arpens,  French  measure,  in  depth, 
nor  in  quantity  of  land  that  which  is  contained  in  his  own  tract,  at  the 
same  price,  and  on  the  same  terms  and  conditions,  as  are,  or  may  be, 
provided  by  law  for  the  other  public  lands  in  the  said  territory.  And 
the  principal  deputy  surveyor  of  each  district  respectively  shall  be  and 
he  is  hereby  authorized,  under  the  superintendence  of  the  surveyor  of 
the  public  lands  south  of  the  state  of  Tennessee,  to  cause  to  be  surveyed 
the  tracts  claimed  by  virtue  of  this  section ;  and  in  all  cases  where  by 
reason  of  bends  in  the  river,  lake,  creek,  bayou,  or  water  course,  border- 
ing on  the  tract,  and  of  adjacent  claims  of  a  similar  nature,  each  claim- 
ant cannot  obtain  a  tract  equal  in  quantity  to  the  adjacent  tract  already 
owned  by  him,  to  divide  the  vacant  land  applicable  to  that  object  between 
the  several  claimants,  in  such  manner  as^  to  him  may  appear  most  equit- 
able :  Provided  however ^  that  the  right  of  pre-emption  granted  by  this 
section  shall  not  extend  so  far  in  depth,  as  to  include  lands  fit  for  culti- 
vation, bordering  on  another  river,  creek,  bayou  or  water  course.  And 
every  person  entitled  to  the  benefit  of  this  section  shall,  within  three 
years  after  the  date  of  this  act,  deliver  to  the  register  of  the  proper  land- 
office,  a  notice  in  writing,  stating  the  situation  and  extent  of  the  tract 
of  land  he  wishes  to  purchase,  and  shall  also  make  the  payment  and 
payments  for  the  same,  at  the  time  and  times,  which  are,  or  may  be, 
prescribed  by  law  for  the  disposal  of  the  other  public  lands  in  the  said 
territory ;  the  time  of  his  delivering  the  notice  aforesaid  being  consi- 
dered as  the  date  of  the  purchase.     And  if  any  such  person  shall  fail  to 


Cettain  pow- 
era  with  respeet 
to  public  ]asdi 
in  eacteni  dit- 
trict  ofOrieana 
territory  ex- 
tended to  the 
Preaident. 

Act  of  April 
81, 1806,  eh.  43. 


Peraona  enti- 
tled to  a  prefer- 
ence. 


ProTifo  ai  to 
the  extent  of  the 
pre-entption. 


664 


ELEVENTH  CONGRESS.    Sess.  III.  Ch.  46.    1811. 


When  land  of. 
ficeiettabiuhed 
by  this  acttolM 
opened. 


1811^  ch.  14. 


1809,  eh.  27. 


ProTifo. 


An  additional 
townahip  Co  be 
located  in  Or- 
leans territorr 
for  aeminary  of 
learning. 


deliver  sach  notice  within  the  said  period  of  three  yean,  or  to  make 
such  payment  or  payments  at  the  time  above  mentioned,  his  right  of 
pre-emption  shall  cease  and  become  void ;  and  the  land  may  thereafter 
be  purchased  by  any  other  person  in  the  same  manner,  and  on  the  same 
terms,  as  are  or  may  be  provided  by  law  for  the  sale  of  other  public 
lands  in  the  said  territory. 

Sec.  6.  And  he  it  fwrther  enacted,  That  the  land-offices  esUblished 
by  virtue  of  the  third  section  of  this  act,  shall  be  ooened  on  the  first  day 
of  January,  one  thousand  eight  hundred  and  twelve,  for  the  sale  of  all 
the  public  lands,  with  the  exception  of  section  No.  sixteen,  of  the  salt 
springs,  and  land  contiguous  thereto,  and  of  the  tracts  reserved  for  the 
support  of  seminaries  of  learning  as  herein  after  provided,  which  shall 
have  been  previously  surveyed,  and  the  surveys  thereof  returned  ac- 
cording to  law  to  the  registers  of  the  land-offices  respectively;  and  on 
the  first  day  of  February,  one  thousand  eight  hundred  and  twelve,  for 
the  sale  of  such  of  the  public  lands,  which  from  the  nature  of  the  coun- 
try cannot  be  surveyed  in  the  ordinary  way,  and  are  embraced  by  the 
provisions  of  the  second  section  of  this  act,  as  shall  have,  at  least  six 
weeks  previous  to  the  said  first  day  of  February,  one  thousand  eight 
hundred  and  twelve,  been  advertised  for  sale  by  the  surveyor  of  the 
public  lands  south  of  the  state  of  Tennessee,  with  the  approbation  of 
the  President  of  the  United  States.  The  public  sales  for  the  land  sub- 
divided into  quarter  sections  in  the  ordinary  way,  shall  be  held  for  one 
calendar  month,  under  the  superintendence  of  the  register  and  receiver 
of  each  land-office  respectively,  and  of  either  the  surveyor  of  public 
lands  south  of  Tennessee,  or  of  his  principal  deputy  surveyor  in  the 
district,  who  shall  each  receive  six  dollars  for  each  day's  attendance  on 
the  same ;  and  no  tract  of  land  shall  be  sold  at  said  public  sales  for  a 
less  price,  than  that  which  is  or  may  be  prescribed  by  law,  for  the  sale 
of  public  lands  in  the  Mississippi  territory.  And  from  and  after  the 
first  day  of  February,  one  thousand  eight  himdred  and  twelve,  any  tract 
which  has  been  thus  offered  for  sale  at  public  sale,  and  remains  unsold, 
as  well  as  any  tract  of  land  embraced  by  the  provisions  of  the  second 
section  of  this  act,  the  sale  of  which  is  authorized  by  this  section,  may 
be  disposed  of  at  private  sale  by  the  register  of  the  land-office,  for  the 
same  price  which  is  or  may  be  prescribed  by  law,  for  the  sale  of  public 
lands  in  the  Mississippi  territory.  All  the  lands  sold  by  virtue  of  this 
section,  shall  in  every  other  respect  be  sold  on  the  same  terms  of  pay- 
ment, and  conditions,  in  the  same  manner,  and  under  the  same  regula- 
tions as  are,  or  may  be,  prescribed  by  law,  for  the  sale  of  public  lands 
in  the  Mississippi  territory :  Provided  however,  than  in  case  of  an  appli- 
cation being  made  at  the  same  time,  for  the  purchase  at  private  sale  of 
the  same  tract  of  land  by  two  or  more  persons,  one  of  whom  did  actually 
inhabit  and  cultivate  such  tract  of  land  at  the  time  of  passing  this  act, 
and  still  continues  to  inhabit  and  cultivate  the  same  at  the  time  of  such 
application,  the  preference  shall  be  given  to  the  person  thus  inhabiting 
and  cultivating  such  tract  of  land.  And  provided  aho,  that  till  after  the 
final  decision  of  Congress  thereon,  no  tract  of  land  shall  be  offisred  for 
sale,  the  claim  to  which  has  been  in  due  time,  and  according  to  law, 
presented  to  the  register  of  the  land-office,  and  filed  in  his  office,  for  the 
purpose  of  being  investigated  by  the  commissioners  appointed  for  the 
purpose  of  ascertaining  the  rights  of  persons  claiming  lands  in  the  terri- 
tory of  Orleans;  or  which  shall  have  been  located  by  or  fw Major-general 
La  Fayette,  according  to  law. 

Sec.  7.  And  be  it  fitrthcr  enacted.  That  in  addition  to  the  township 
already  reserved  for  that  purpose  by  law  in  the  western  district  of  the 
territory  of  Orleans,  and  which  shall  be  located  south  of  Red  river, 
another  entire  township  shall  be  located  by  the  Secretary  of  the  Trea- 
sury north  of  Red  river,  for  the  use  of  a  seminary  of  learning,  and  also 


ELEVENTH  CONGRESS.    Siss.  ni.  Ch.  46.     1811. 


065 


an  entire  township  in  the  territory  of  Louisiana,  for  the  support  of  a 
seminary  of  learning  within  the  said  territory. 

Sec.  8.  And  be  it  further  enacted,  That  the  surveyor-general  shall 
cause  such  of  the  p«jblic  lands  in  the  territory  of  Lonisiana,  as  the  Presi- 
dent of  the  United  States  shall  direct,  to  be  surveyed  and  divided  in  the 
same  manner  and  under  the  same  regulations  and  limitation  as  to  ex- 
penses, as  is  provided  by  law  in  relation  to  the  lands  of  the  United  States, 
northwest  of  the  river  Ohio  and  above  the  mouth  of  Kentucky  river. 

Sec.  9.  And  be  it  further  enacted,  That  for  the  disposal  of  the  lands 
of  the  United  States  lying  in  the  territory  of  Louisiana,  a  land-of!ic€f 
shall  be  established,  which  shall  be  kept  at  such  place  as  the  ^President 
of  the  United  States  may  direct;  and  a  register  and  receiver  of  public 
monies  shall  be  appointed  for  said  office,  who  shall  give  security  in  the 
same  manner,  in  the  same  sums,  and  whose  compensations,  emoluments, 
duties  and  authority,  shall  in  every  respect  be  the  same,  in  relation  to 
the  lands  which  shall  be  disposed  of  at  their  office,  as  are  or  may  be 
provided  for  by  law  in  relation  to  the  register  and  receiver  of  public 
monies  in  the  several  offices  established  for  the  disposal  of  the  lands  of 
the  United  States,  northwest  of  the  river  Ohio,  and  above  the  mouth  of 
Kentucky  river. 

Sec.  10.  And  be  it  further  enacted.  That  the  President  of  the  United 
States  be,  and  he  is  hereby  authorized,  whenever  he  shall  think  proper, 
to  direct  so  much  of  the  public  lands  lying  in  the  territory  of  Louisiana, 
as  shall  have  been  surveyed  in  conformity  with  the  eighth  section  of  this 
act,  to  be  offered  for  sale.  All  such  lands  shall,  with  the  exception  of 
the  section  "number  sixteen,"  which  shall  be  reserved  in  each  township 
for  the  support  of  schools  within  the  same,  with  the  exception  also  of  a 
tract  reserved  for  the  support  of  a  seminary  of  learning,  as  provided  for 
by  the  seventh  section  of  this  act,  and  with  the  exception  also  of  the  salt 
springs  and  lead  mines,  and  lands  contiguous  thereto;  which,  by  the 
direction  of  the  President  of  the  United  States,  may  be  reserved  for  the 
future  disposal  of  the  said  states,  shall  be  offered  for  sale  to  the  highest 
bidder,  under  the  direction  of  the  register  of  the  land-office  and  the 
receiver  of  public  monies  and  of  the  principal  deputy  surveyor,  and  on 
such  day  or  days  as  shall,  by  public  proclamation  of  the  President  of  the 
United  States,  be  designated  for  that  purpose.  The  sales  shall  remain 
open  for  three  weeks  and  no  longer.  The  lands  shall  be  sold  for  a  price 
not  less  than  that  which  has  been  or  may  be  fixed  by  law  for  the  public 
lands,  northwest  of  the  river  Ohio,  and  above  the  mouth  of  Kentucky 
river.  And  shall  in  every  other  respect  be  sold  in  tracts  of  the  same 
size,  on  the  same  terms  and  conditions,  as  have  been  or  may  be  by  law 
provided  for  the  lands  sold  in  the  state  of  Ohio.  The  superintendents  of 
the  said  public  sales  shall  each  receive  six  dollars  for  each  day's  attendance 
on  the  said  sales.  All  the  lands  which  have  been  thus  oflered  for  sale, 
at  public  sale,  remaining  unsold  at  the  closing  of  the  public  sales,  may 
be  disposed  of  at  private  sale  by  the  register  of  the  land-office,  for  the 
same  price  which  is  or  may  be  prescribed  by  law  for  the  sale  of  public 
lands  in  the  state  of  Ohio:  Provided  hotvever,  that  till  afler  the  decision 
of  Congress  thereon,  no  tract  of  land  shall  be  offered  for  sale,  the  claim 
to  which  has  been  in  due  time  and  according  to  law  presented  to  the 
recorder  of  land  titles  in  the  district  of  Louisiana  and  filed  in  his  office, 
for  the  purpose  of  being  investigated  by  the  commissioners  appointed 
for  ascertaining  the  rights  of  persons  claiming  lands  in  the  territory  of 
Louisiana.  And  patents  shall  be  obtained  for  all  lands  sold  in  the  terri- 
tory of  Louisiana,  in  the  same  manner  and  on  the  same  terms  as  is  or 
may  be  provided  by  law  for  land  sold  in  the  state  of  Ohio. 

Sec.  11.  And  be  it  further  enacted.  That  the  claim  of  the  corporation 
of  the  city  of  New  Orleans,  to  the  common  adjacent  thereto,  and  within 
six  hundred  yards  from  the  fortifications  of  the  same,  as  confirmed  by 

VoL.II.-W  8k2 


Surreyor.ge- 
oerml  to  causa 
certain  portions 
of  public  lands 
in  territory  of 
Louisiana  tob« 
surveyed  and  di- 
vided. 

Office   to   be 
established    for 
disposing   of 
public  land    in 
territory  of  Lou- 


1800,  cb.  55. 

Lands  in  ter- 
ritory of  Louis- 
isna  to  be  offer* 
ed  for  sale. 


180O,eh.Aff. 


Proviao. 


Patents    how 
obtained. 

Claim  of  cor- 
poration of  Or- 
leana  to  be 
deemed  valid. 


ELEVENTH  CONGRESS.  Sess.III.  Ch.46,47.  1811. 


1807,  cb.  36.  the  act,  entituled  "  Ao  act  respecting  claims  to  lands  in  the  territories 
of  Orleans  and  Louisiana/'  shall  be  deemed  valid,  although  the  relin* 
quishment  of  the  said  corporation  to  any  claim  bejond  the  said  distance 
of  six  hundred  yards  was  not  made  till  afler  the  expiration  of  the  period 
of  six  months  prescribed  by  the  act  last  mentioned. 

Sec.  12.  And  be  it  further  enacted.  That  all  the  navigable  rivers  and 
waters  in  the  territories  of  Orleans  and  Louisiana  shall  be  and  for  ever 
remain  public  highways. 

Sec.  13.  And  be  it  further  enacted.  That  a  sum  not  exceeding  forty 
thousand  dollars  be,  and  the  same  is  hereby  appropriated,  for  the  purpose 
of  carrying  this  act  into  effect,  which  sum  shall  be  paid  out  of  unappro- 
priated monies  in  the  treasury. 

Sec.  14.  And  be  it  further  enacted,  That  the  act,  entituled  *<  An  act 
providing  for  the  final  adjustment  of  claims  to  lands,  and  for  the  sale  of 
the  public  lands  in  the  territories  of  Orleans  and  Louisiana,"  approved 
February  the  sixteenth,(a)  eighteen  hundred  and  eleven,  be,  and  the  same 
is  hereby  repealed. 

Approved,  March  3,  1811. 


NtTlffable  riv- 
era  to  be  public 
bighwayt. 

Appropriation. 


Repeal  of  the 
act  of  Feb.  16, 
1811,  cb.  14. 


Marcb  3,  1811. 


Tbifl  act,  and 
the  act  referred 
to,  not  to  be  pub- 
lisbed  until  tbe 
end  of  the  neit 
•ession  of  Con- 
greM,  unleM,dcc. 


Cbap.  XLVII.  —  An  Act  concerning  an  act  U  enahU  the  President  ef  tkt  United 
States f  under  certain  contingnneies,  to  (zke  possession  of  the  country  tying  east  of 
the  river  Perdido,  and  south  of  the  state  of  Qeorgia  and  the  Mississippi  territory f 
and  for  other  purposes,  and  the  declaration  accompanying  the  same,  (a) 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America,  in  Congress  assembled.  That  this  act,  and 
the  act  passed  during  the  present  session  of  Congress,  entitled  ^*  An  act 
to  enable  the  President  of  the  United  States,  under  certflin  contingent 
cies,  to  take  possession  of  the  country  lying  east  of  the  river  Perdido, 
and  south  of  the  state  of  Georgia  and  the  Mississippi  territory,  and  for 
other  purposes,"  and  the  declaration  accompanying  the  same,  be  not 
primed  or  published,,  until  the  end  of  the  next  session  of  Congress,  un- 
less directed  by  the  President  of  the  United  States,  any  law  or  usage 
to  the  contrary  notwithstanding. 

Approved,  March  3,  1811. 


Jan.  15,  1811. 


The   United 
States     cannot, 
without     inauie- 
tude,   see  tne 
Flondaa   pan 
into    the    banda 
of  a  foreign 
power,  Sec, 


RxioLVTioir  relative  to  the  occupation  of  the  Horidas  by  the  United  States  of 

America. 

Taking  into  view  the  peculiar  situation  of  Spain,  and  of  her  Ameri- 
can provinces ;  and  considering  the  influence  which  the  destiny  of  the 
territory  adjoining  the  southern  border  of  the  United  States  may  have 
upon  their  security,  tranquillity,  and  commerce :  Therefore, 

Resolved  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America,  in  Congress  assembled.  That  the  United  States,  un- 
der the  peculiar  circumstances  of  the  existing  crisis,  cannot,  without 
serious  inquietude,  see  any  part  of  the  said  territory  pass  into  the  hands 
of  any  foreign  power;  and  that  a  due  regard  to  their  own  safety  com- 
pels them  to  provide,  under  certain  contingencies,  for  the  temporary 
occupation  of  the  said  territory ;  they,  at  the  same  time,  declare  that 
the  said  territory  shall,  in  their  hands,  remain  subject  to  future  nego- 
tiation. 

Approved,  January  15,  181 1. 


(a)  The  act  here  referred  to  will  be  found  in  Vol.  UI.  p.  471. 


ACTS  OF  THE  TWELFTH  CONGRESS 


UNITED   STATES, 

Passed  ai  the  first  session,  which  was  begun  and*  held  at  the  City  of 
Washington^  in  the  District  of  Columbia,  on  Monday,  the  fourth  day 
of  Novmber,  1811,  and  ended  on  the  sixth  day  of  July,  1812. 

James  Madison,  President;  George  Clinton,  Vice  President^ of  the 
Ui  itad  SStates  and  President  of  the  Senate;  William  H.  Crawford, 
President  of  the  Senate  pro  tempore,  from  the  26th  of  March,  1812; 
Henry  Clay,  Speaker  of  the  House  of  Representatives. 


STATUTE  I. 

Chaftbb  I.— ^n  Ji€t  to  authorize  the  transportation  of  certain  documents  free  cf     Not.  IS,  181 1. 

^^*-  [Obsolete.] 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United      Docamentt 
States  of  America  in  Congress  assembled,  That  the  members  of  Congress,   ™*y  *^^*  '^ 
the  secretary  of  the  Senate,  and  the  clerk  of  the  House  of  Represents-  **  po»**««' 
tives  be,  and  they  are  hereby  respectively  authorized  to  transmit,  free  of 
postage,  the  several  messages  of  the  President  of  the  United  States  of 
the  fi^h  and  seventh  days  of  November,  in  the  year  one  thousand  eight 
hundred  and  eleven,  and  the  documents  accompanying  the  same,  printed 
by  order  of  the  Senate  and  by  order  of  the  House  of  Representatives, 
to  any  post-office  within  the  United  States  and  territories  thereof,  to 
which  they  may  direct,  any  law  to  the  contrary  notwithstanding. 
Approved,  November  18, 1811. 


— ^-^"^  Statutb  I. 

Chap.  II.— ^n  Jd  to  alter  the  time  of  holdinsonetf  the  terms  of  the  District  Court     Not.  S8,  1811. 
in  the  atitriet  rf  Maine.  

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
l^ates  of  America  in  Congress  assembled.  That  from  and  after  the  passing 
of  this  act,  the  district  court  of  the  United  States  for  the  district  of 
Maine,  shall  be  holden  at  Wiscasset,  within  said  district,  on  the 
second  Tuesday  of  September,  annually,  instead  of  the  first  Tuesday 
of  said  month,  any  thing,  in  any  former  act,  to  the  contrary  notwitlv- 
standing.(a) 

Approved,  November  28,  1811. 


District  coait 
to  be  held  at 
Wiscattet,  on 
the  second 
Tuesday  of  Sep. 
tember  annau- 


Statute  I. 


Cbap.  UI.^Jn  Jet  making  a  further  appropriation  for  the  support  of  a  Library,     Dec.  6, 181 1. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United       [Obsolete.] 
States  of  America  in  Congress  assemhled,  That  in  addition  to  the 


(a)  Bt  the  act  of  March  9,  1819,  chap.    60,  the  time  for  holding  the  sessions  of  the  district  court  at 
Wiscasset,  was  changed  from  the  first  Tuesday  of  March,  to  the  last  Toenday  of  Februarv. 
^     '  -  .     ..  ^  ^^  the  district  court  of  Maine,  before  holden  on  the  laat  day  of  May 

ime  place  on  the  first  Tuesday  of  June  ia  ea^  year. 
667 


By  the  act  of  April  3, 1818,  chap, 
in'  eecb  year,  shall  be  iMlden  at  the 


ees 


TWELFTH  CONGRESS.    Sbss.  I.  Ch.  4, 6, 8.    1811. 


AppropriRtion 
of  one  thousand 
doUan. 


Statdtb  I. 

Dec.  12, 1811. 

[OlMoIete.] 
Further  time 

allowed  for 

opening  land- 

oiBcea. 
Act  of  Feb. 

16,  1811,ch.  U. 


Land-offices 
to  be  opened  on 
ittch  days  as 
may  be  desig- 
nated by  the 
President. 


Statute  I. 

Dec.  12, 1811. 

[Obsolete.] 
Purchasers  a1. 
lowed  until  the 
first  of  January, 
1813,  to  com- 
plete  their  pay- 
ments. 


Statute  I. 

Dec.  12,1811. 

[Obsolete.] 
Act  of  April 
16, 1816, ch. 63. 
Road  from  the 
rapids  of  the 
river  Miami  of 
Lake  Erie  to 
western  line  of 
Connecticut  re- 
serve. 


Commission- 
ers* report  to  be 
made  to  the 
President. 


balance  of  the  former  apprc^riations  made  to  purchase  books  for  the  use 
of  Congress,  there  shall  be  appropriated  the  sum  of  one  thousand  dol- 
lars yearly  fur  the  term  of  five  years ;  to  be  paid  out  of  any  monies  in  tha 
treasury  not  otherwise  appropriated,  and  expended  under  the  direction 
of  a  joint  committee,  to  consist  of  three  members  of  the  Senate  and  three 
members  of  the  House  of  Representatives,  to  be  appointed  every  session 
of  Congress,  during  the  continuance  of  this  appropriation. 
Approysd,  December  6,  1811. 


Chap.  IV. — An  Jet  extending  the  time  for  opening  the  several  Land-qgieee  etti^ 
Uahed  tn  the  territory  of  (Meane, 

Be  it  enacted  by  ilk  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled^ThnX  so  much  of  the  sixth  section 
of  an  act,  entituled  <*  An  act  providing  for  the  final  adjustment  of  claims  to 
lands  and  for  the  sale  of  the  public  lands  in  the  territories  of  Orleans  and 
Louisiana,  and  to  repeal  the  act  passed  for  the  same  purpose  and  approved 
February  sixteenth,  one  thousand  eight  hundred  and  eleven,"  as  directs 
that  the  several  land-offices  established  in  the  territory  of  Orleans  shall  be 
opened  on  the  first  day  of  January  and  on  the  first  day  of  February,  one 
thousand  eight  hundred  and  twelve,  be,  and  the  same  is  hereby  repealed. 

Sbc.  2.  And  be  it  further  enacted,  That  the  said  land-offices  shall, 
respectively,  be  opened  on  such  day  or  days  as  the  President  of  the 
United  States  shall,  by  proclamation,  designate  for  that  purpose ;  and 
the  public  land  shall,  in  every  other  respect,  be  offered  for  sale  at  the 
said  offices  in  the  same  manner  as  is  directed  by  the  aforesaid  act 

Approved,  December  12, 1811. 


Cbap.  Yl.'^JnAet  allowing  further  time  for  eompkting  the  payments  on  certain 
lands  held  by  right  of  pre-emption^  in  the  Mississippi  territory. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  all  the  purchasers  of 
public  lands,  by  right  of  pre-emption  in  the  Mississippi  territory,  who 
have  made  payment  of  their  first  instalment  of  the  purchase  money,  be 
allowed  until  the  first  day  of  January,  one  thousand  eight  hundred  and 
thirteen,  to  complete  the  payments  on  their  lands,  respectively,  any  law 
to  the  contrary  notwithstanding. 

Approved,  December  12,  1811. 


Chap.  Vlll.-^n  Jet  to  authorize  the  surveying  and  markinat  of  certain  roads^  in 
the  slate  (f  Ohio,  as  contemplated  by  the  treaty  of  Brownstown  in  the  territory 
of  Michigan, 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  the  President  of  the 
United  States  be,  and  hereby  is  authorized  to  appoint  three  commis- 
sioners, who  shall  explore,  survey  and  mark,  by  the  most  eligible  course, 
a  road  from  the  foot  of  the  rapids  of  the  river  Miami  of  Lake  Erie,  to 
the  western  line  of  the  Connecticut  reserve,  and  a  road  to  run  south- 
wardly from  Lower  Sandusky  to  the  boundary  line  established  by  the 
treaty  of  Greenville,  which  said  road  shall  be  sixty  feet  in  width ;  and 
the  said  commissioners  shall  make  out  accurate  plats  of  such  surveys, 
accompanied  with  field  notes,  and  certify  and  transmit  the  same  to  the 
President  of  the  United  States,  who,  if  he  approves  of  said  surveys,  shall 
cause  the  plats  thereof  to  be  deposited  in  the  office  of  the  treasury  of 
the  United  Sutes;  and  the  said  roads  shall  be  considered  as  esublished 
and  accepted,  pursuant  to  the  treaty  held  at  Brownstown,  in  the  terri- 


TWELFTH  CONGRESS.    Sess.  I.  Ch.  9, 10.     1811. 


600 


tory  of  Michigan,  on  the  twenty-fifth  day  of  November,  one  thousand 
eight  hundred  and  eight 

Sec.  2.  And  be  it  further  enacted,  That  the  aforesaid  roads  shall  be 
opened  and  made  under  the  direction  of  the  President  of  the  United 
States,  in  such  manner  as  he  shall  direct 

Sec.  3.  And  be  it  farther  enacted.  That  the  said  commissioners  shall 
each  be  entitled  to  receive  three  dollars,  and  their  necessary  assistants 
one  dollar  and  fifty  cents,  for  each  and  e^try  day  which  they  shall  be 
necessarily  employed  in  the  exploring,  surveying  and  marking  said  roads ; 
and  for  the  purpose  of  compensating  the  aforesaid  commissioners  and 
their  assistants,  and  for  opening  and  making  said  roads,  there  shall  be 
and  hereby  is  appropriated  the  sum  of  six  thousand  dollars,  to  be  paid 
out  of  any  monies  in  the  treasury  not  otherwise  appropriated. 

Approved,  December  12,  1S11. 


Roadi  to  be 
opened  and 
made  under  the 
direction  of  tbo 
Preaident 

CompenaatioB 
of  the  commie* 
aionera  and  aa* 


Statotb  I. 


Chap.   IX.— ^n^d/or /A^i^ 

StaU*^  aeeor^ng  to  the  thin 


Bepruentativet  among  the  ^neral    Dec.  81, 1811. 
\  enumeration.{a) 


[Obaolete.] 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United      Ratio  of  one 
States  ^America  in  Congress  assembled.  That  from  and  after  the  third   fJpreaent^iTe 
day  of  March,  one  thousand  eight  hundred  and  thirteen,  the  House  of   ti^lSLu!aS' 
Representatives  shall  be  composed  of  members  elected  agreeably  to  a 
ratio  of  one  representative  for  every  thirty-five  thousand  persons  in  each 
state,  computed  according  to  the  rule  prescribed  by  the  constitution  of 
the  United  States,  that  is  to  say :  WitJiin  the  state  of  New  Hampshire, 
six ;  within  the  state  of  Massachusetts,  twenty ;  within  the  state  of  Ver- 
mont, six;  within  the  state  of  Rhode  Island,  two;  within  the  state  of 
Connecticut,  seven ;  within  the  state  of  New  York,  twenty-seven ;  within 
the  state  of  New  Jersey,  six ;  within  the  state  of  Pennsylvania,  twenty- 
three  :  within  the  state  of  Delaware,  two ;  within  the  state  of  Maryland, 
nine ;  within  the  state  of  Virginia;  twenty-three ;  within  the  state  of 
North  Carolina,  thirteen;  within  the  state  of  South  Carolina,  nine; 
within  the  state  of  Georgia,  six ;  within  the  state  of  Kentucky,  ten ; 
within  the  state  of  Ohio,  six ;  within  the  state  of  Tennessee,  six. 
Approved,  December  21,  1811. 


Crap.  X.— hin  JUi  for  eompleiing  the  existing  MiUiary  EatabUshment. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  military  establish- 
ment, as  now  authorized  by  law,  be  immediately  completed. 

Sec.  2.  And  be  it  further  enacted.  That  there  be  allowed  and  paid  to 
each  effective,  able  bodied  man,  recruited  or  re-enlisted  for  that  service, 
for  the  term  of  five  years,  unless  sooner  discharged,  the  sum  of  sixteen 
dollars ;  but  the  payment  of  one  half  of  the  said  bounty  shall  be  defer- 
red until  he  shall  be  mustered  and  have  joined  the  corps  in  which  he  is 
to  serve ;  and  whenever  any  non-commissioned  officer  or  soldier  shall 
be  discharged  from  the  service,  who  shall  have  obtained  from  the  com- 
manding officer  of  his  company,  battalion  or  regiment  a  certificate  that 
he  had  faithfully  performed  his  duty  whilst  in  service,  he  shall  moreover 
be  allowed  and  paid,  in  addition  to  the  aforesaid  bounty,  three  months  pay, 
and  one  hundred  and  sixty  acres  of  land;  and  the  heirs  and  representa- 
tives of  those  non-commissioned  ofliicers  or  soldiers,  who  may  be  killed  in 
action,  or  die  in  the  service  of  the  United  States,  shall  likewise  be  paid 
and  allowed  the  said  additional  bounty  of  three  months'  pay,  and  one 
hundred  and  sixty  acres  of  land,  to  be  designated,  surveyed  and  laid  off 


Statvtb  I. 
Dec.  24, 1811. 

[Obaolete.] 

Act  of  March 
3,  1816,  cb.  78. 

The  miliurj 
eatabltihmeotto 
be  completed. 

Paj  and  boon- 
tytoofficeraand 


^  NoD-commia. 
aiooed  officera 
and  aoldiera 
when  diachaif . 
ed  to  have  one 
hundred  and  #iz- 
ty  acres  of  land 
and  additional 
bounty. 


(a)  See  «ct  of  Janaary  14, 180S,  chap.  I,  page  1S8,  and  note. 


670 


TWELFTH  CONGRESS.    Sbss.  I.  Ob.  11, 13.    1819. 


1812,  ch.  77.    at  the  public  expense,  in  such  manner  and  upon  such  terma  and  condi- 
tions, as  may  be  provided  by  law. 
Approved,  December  24, 1811. 


Statute  I. 

Jan.  a,  1812. 

[Obiolete.] 
President  at 
liberty  to  raise 
certain  compa- 
nies of  rangers 
when  invasion 
made  or  threat- 
ened. 


1812,  ch.  119. 


How  the  said 
companies  are 
to  be  constituu 
ed. 

Pay,  ke,  &c. 


Compensation 
in  case  of 
wounds,  &c. 


To  be  subject 
to  the  rules  and 
articles  of  war. 

1S02,  ch.  9, 


1813,  ch.  23. 


President  may 
appoint  the  oflB- 
cers  in  recess  of 
the  Senate. 


Statute  I. 
Jan.  8,  1812. 

[Obsolete.] 

Road  to  be 
opened. 


Chap.  XL — Jn  Act  authorizing  ike  President  of  the  United  States  to  raise  certain 
companies  <f  Bangers  for  the  protection  of  the  frontier  oftke  United  States. 

Be  it  enacted  by  the  Senate  and  House  ofRepresmtatines  of  the  United 
States  of  America  in  Congress  a^embled,  That  the  President  of  the 
United  States,  whenever  he  shall  have  satisfactory  evidence  of  the  actual 
or  threatened  invasion  of  any  state  or  territory  of  the  United  States,  by 
any  Indian  tribe  or  tribes,  be,  and  he  is  hereby  authorized  to  raise,  either 
by  the  acceptance  of  volunteers  or  enlistment  for  one  year,  unless  sooner 
discharged,  as  many  companies  as  he  may  deem  necessary,  not  exceed* 
ing  six,  who  shall  serve  on  foot  or  be  mounted,  as  the  service  in  his 
opinion  may  require,  shall  act  on  the  frontier  as  rangers,  be  armed, 
equipped  and  organized  in  such  manner,  and  be  under  such  regulations 
and  restrictions,  as  the  nature  of  the  service,  in  his  opinion,  may  make 
necessary. 

Sec.  2.  And  be  it  further  enacted.  That  each  of  the  said  companies 
of  rangers  shall  consist  of  one  captain,  one  first,  one  second  lieutenant, 
one  ensign,  four  sergeants,  four  corporals,  and  sixty  privates. 

Sec.  3.  And  be  it  further  enacted.  That  when  the  said  rangers  arm 
and  equip  themselves  and  provide  their  own  horses,  they  shall  be  allowed 
each  one  dollar  per  day,  and  without  a  horse  seventy-five  cents  per  day, 
as  full  compensation  for  their  services,  rations  or  forage,  as  the  case  may 
be.  The  commissioned  officers  shall  receive  the  same  pay  and  rations 
as  officers  of  the  same  grade  in  the  army  of  the  United  States. 

Sec.  4.  And  be  it  fitrther  enacted,  That  the  officers,  non-commis- 
sioned officers  and  privates,  raised  pursuant  to  this  act,  shall  be  entitled 
to  the  like  compensation  in  case  of  disability,  by  wounds  and  otherwise, 
incurred  in  the  service,  as  officers,  non-commissioned  officers  and  pri- 
vates in  the  present  military  establishment,  and  with  them  shall  be  sub- 
ject to  the  rules  and  articles  of  war,  which  have  been  established  or  may 
hereafter  by  law  be  established ;  and  the  provisions  of  the  act,  entituled 
''An  act  fixing  the  military  peace  establishment  of  the  United  States," 
so  far  as  they  may  be  applicable,  shall  be  extended  to  all  persons,  mat- 
ters and  things  within  the  intent  and  meaning  of  this  act,  in  the  same 
manner  as  if  they  were .  inserted  at  large  in  the  same.  This  act  shall 
take  effect  and  be  in  force  from  and  afler  the  passage  thereof,  and  con- 
tinue in  force  for  one  year,  and  from  thence  to  the  end  of  the  next  ses- 
sion of  Congress. 

Sec.  5.  And  be  it  further  enacted.  That  in  the  recess  of  the  Senate, 
the  President  of  the  United  States  is  hereby  authorized  to  appoint  all 
the  officers  proper  to  be  appointed  under  this  act ;  which  appointments 
shall  be  submitted  to  the  Senate  at  their  next  session  for  their  advice 
and  consent. 

Approved,  January  2,  1812. 


Chap.  XIT.— ^n  Ad  to  authorize  the  laying  out  and  opening  a  public  road  from 
tfte  line  established  by  the  treaty  oT  Crenville,  to  the  North  Bend  in  the  state  tf 
Ohio. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  axsembled.  That  the  President  of  the 
United  States  be,  and  he  is  hereby  authorized  to  cause  to  be  opened,  a 
road  from  the  point  where  the  United  States'  road  from  Vincennes,  to 
the  former  Indian  boundary  line,  established  by  the  treaty  of  Orenville, 
strikes  the  said  line,  to  the  North  Bend  in  the  state  of  Ohio. 


TWELFTH  CONGRESS.    Sebs.  L  Ch.  14.    1812. 


671 


Sec.  2.  And  he  it  Jurther  OMrc^ed',  That  for  the  purpose  of  defhrfiilg 
the  expenses  of  opening  the  said  road,  there  is  hereby  appropriated  a 
sum  of  money  not  exceeding  eight  hundred  dollars,  payable  out  of  any 
monies  in  the  treasury  not  otherwise  appropriated. 

Appboyed,  January  8, 1812. 


Appropriation. 


STAttJYC  I. 


Chap.  XIV. — Jin  Jet  to  raiu  an  additional  Military  Foru. 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  there  be  immediately 
raised,  ten  regiments  of  infantry,  two  regiments  of  artillery,  and  one 
regiment  of  light  dragoons,  to  be  enlisted  for  the  term  of  five  years,  un- 
less sooner  discharged. 

Sec.  2.  And  he  it  further  enacted,  That  a  regiment  of  infantry  shall 
consist  of  eighteen  captains,  eighteen  first  lieutenants,  eighteen  second 
lieutenants,  eighteen  ensigns,  seventy-two  sergeants,  seventy-two  cor- 
porals, thirty-six  musicians,  and  eighteen  hundred  privates,  which  shall 
form  two  battalions,  each  of  nine  companies.  A  regiment  of  artillery 
shall  consist  of  twenty  captains,  twenty  first  lieutenants,  twenty  second 
lieutenants,  forty  cadets,  eighty  sergeants,  eighty  corporals,  one  hundred 
and  sixty  artificers,  forty  musicians,  and  fourteen  hundred  and  forty 
privates,  which  shall  form  two  battalions,  each  of  ten  companies.  The 
regiment  of  cavalry  shall  consist  of  twelve  captains,  twelve  first  lieu- 
tenants, twelve  second  lieutenants,  twelve  cornets,  twenty-four  cadets, 
forty-eight  sergeants,  forty-eight  corporals,  twelve  saddlers,  twelve  farriers, 
twelve  trumpeters,  and  nine  hundred  and  sixty  privates,  which  shall  form 
two  battalions,  each  of  six  companies. 

Sec.  3.  And  he  it  further  enacted.  That  to  each  regiment  raised 
under  this  act,  whether  of  infantry,  artillery,  or  light  dragoons,  there 
shall  be  appointed  one  colonel,  two  Jieutenant  colonels,  two  majors,  two 
adjutants,  one  quartermaster,  one  paymaster,  one  surgeon,  two  surgeon's 
mates,  two  sergeant  majors,  two  quartermaster  sergeants,  and  two  senior 
musicians. 

Sec.  4.  And  he  it  further  enacted.  That  there  shall  be  appointed  two 
major  generals,  each  of  whom  shall  be  allowed  two  aids,  to  be  taken 
from  the  commissioned  officers  of  the  line,  and  five  brigadier  generals, 
each  of  whom  shall  be  allowed  a  brigade  major  and  an  aid,  to  be  taken 
from  the  captains  and  subalterns  of  the  line ;  and  there  shall  also  be  ap- 
pointed one  adjutant  general  and  one  inspector  general,  each  with  the 
rank,  pay  and  emoluments  of  a  brigadier  general ;  the  said  adjutant  gene- 
ral shall  be  allowed  one  or  more  assistants  not  exceeding  three,  to  be 
taken  from  the  line  of  the  army,  with  the  same  pay  and  emoluments  as 
by  this  act  are  allowed  to  a  lieutenant  colonel :  the  said  inspector  gene- 
ral shall  be  allowed  two  assistant  inspectors,  to  be  taken  from  the  line 
of  the  army,  each  of  whom  shall  receive,  while  acting  in  said  capacity, 
the  same  pay  and  emoluments  as  by  this  act  are  allowed  to  a  lieutenant 
colonel ;  there  shall  also  be  appointed  such  number  of  hospital  surgeons 
and  mates  as  the  service  may  require,  with  one  steward  to  each  hos- 
pital. 

Sec.  5.  And  he  it  further  enacted,  That  when  an  officer  is  detached 
to  serve  as  brigade  major  or  aid,  or  as  assistant  to  the  adjutant  general 
or  inspector  general,  on  the  appointment  of  a  general  officer,  or  as  ad- 
jutant or  quartermaster  on  the  appointment  of  a  colonel,  he  shall  not 
thereby  lose  his  rank. 

Sec.  6.  And  he  it  further  enacted.  That  the  major  generals  respects 
ively  shall  be  entitled  to  two  hundred  dollars  monthly  pay,  with  twenty 
dollars  allowance  for  forage  monthly,  and  fifteen  rations  per  day.  Their 
aids  de  camp  shall  each  be  entitled  to  twenty-four  dollars  monthly,  in 


Jan.  11,1812. 

[OkMolete.] 

Act  of  March 
3, 1815,  ch.  78. 

Certain  regi- 
menu  of  artil- 
lery, fcc.  fcc.  to 
be  railed. 

How  these  re- 
ffimenti  are  to 
be  coBttituted. 


Regiment  of 
caTalry. 


Officera  to  bo 
appointed  for 
the  MToral  regi- 
ment!. 


General  olB- 
cers,  fcc.  fcc. 

Two    major 
general!  and 
aida. 

Brigadier  ge- 
neral, adjutant 
general,  and  as- 
■ittants. 

Inipector  ge- 
neral and  auiat- 
anta. 


Hospital  for- 
geont. 


Officera  de- 
tached to  serve 
as  brigade  ma- 
jors,  fcc.  fcc. 
not  to  lose  their 
rank. 

Pay,  fcc.  fcc. 
of  the  maior 
general,  fccKc. 


973 


TWELFTH  CONGRESS.    Skss.  I.  Ch.  14.    1812. 


Pay  and  emoU 
vmeDU  of  other 
oiBoen,  kc,  kc. 


Compoaeiit 
parts  of  ratiou. 


Clothing  for 
non-eommis- 
noned  officen, 
Ike.  Ike. 


Secrotary 
War   to   CI 
■arplot  clothing 
to  be  profided. 


Rolea  and  ar- 
tidea  of  war  to 
be  in  (bree. 


Premiom   for 
enliatmenti. 


Regulation  re- 
lative to  enliat- 
menti not  to 
extend  to  masi- 
ciant  or  re-en- 
liatmenti. 

Enliitmenta 
of  minort. 


Bounty — ^how 
and  when  to  be 
paid. 


Additional 
payv  in  money 
and  land,  when 
to  be  paid. 


tddition  to  their  pay  in  the  line,  and  ten  dollars  monthly  for  forage,  and 
fonr  rations.  The  brigadier  generals  respectively  shall  be  entitled  to  one 
hundred  and  four  dollars  monthly  pay,  twelve  rations  per  day  and  sixteen 
dollars  per  month  for  forage  when  not  fbnnd  by  the  public. 

Sbc.  7.  And  be  it  Jurther  enacted^  That  all  other  officers,  cadets, 
non-commissioned  officers,  musicians,  artificers  and  privates,  authorized 
by  this  act,  shall  receive  the  like  pay,  forage,  ratidns,  clothing  and  other 
emoluments,  as  the  officers  of  the  same  grade  and  corps,  cadets,  non- 
commissioned officers,  musicians,  artificers  and  privates,  of  the  present 
military  establishment 

Sbc.  8.  And  be  it  further  enacted,  That  each  ration  shall  consist  of 
one  pound  and  a  quarter  of  beef,  or  three  quarters  of  a  pound  of  pork, 
eighteen  ounces  of  bread  or  flour,  one  gill  of  rum,  whiskey  or  brandy, 
and  at  the  rate  of  two  quarts  of  salt,  four  quarts  of  vinegar,  four  pounds 
of  soap,  and  one  pound  and  a  half  of  candles,  to  every  hundred  rations. 

Sec.  9.  And  be  it  further  enacted.  That  every  non-commissioned 
officer,  musician  and  private  of  the  artillery  and  infantry  shall  receive 
annually  the  following  articles  of  uniform  clothing,  to  wit :  one  hat,  one 
coat,  one  vest,  two  pair  of  woollen  and  two  pair  of  linen  overalls,  one 
coarse  linen  frock  and  trowsers  for  fatigue  clothing,  four  pair  of  shoes, 
four  shirts,  two  pair  of  socks,  two  pair  of  short  stockings,  one  blanket, 
one  stock  and  clasp,  and  one  pair  of  half  gaiters:  And  the  Secretary  of 
War  is  hereby  authorized  to  cause  to  be  furnished  to  the  paymasters  of 
the  respective  districts  such  surplus  of  clothing  as  he  may  deem  expe- 
dient, which  clothing  shall  under  his  direction  be  furnished  to  the 
soldiers  when  necessary  at  the  contract  prices,  and  accounted  for  by 
them  out  of  their  arrears  of  monthly  pay. 

Sbc.  10.  And  be  itjurther  enacted.  That  the  officers,  non-commis- 
sioned officers,  musicians  and  privates  of  the  said  corps,  shall  be 
governed  by  the  rules  and  articles  of  war,  which  have  been  established 
by  the  United  States  in  Congress^  assembled,  or  by  such  rules  and 
articles  as  may  be  hereafter,  by  lawy'established. 

Sec.  11.  And  be  it  further  enacted.  That  the  commissioned  <lfficer8 
who  shall  be  employed  in  the  recruiting  service,  shall  be  entitled  to  re- 
ceive for  every  effective  able  bodied  man,  who  shall  be  duly  enlisted  by 
him  for  the  term  of  five  years  and  mustered,  (and  between  the  ages  of 
eighteen  and  forty-five  years,)  the  sum  of  two  dollars:  Provided,  never' 
tlukss,  that  this  regtilation,  so  far  as  respects  the  age  of  the  recruit,  shall 
not  extend  to  musicians  or  to  those  soldiers  who  may  re-enlist  into  the 
service :  And  provided  also,  that  no  person  under  the  age  of  twenty-one 
years  shall  be  enlisted  by  any  officer,  or  held  in  the  service  of  the  United 
States,  without  the  consent  in  writing  of  his  parent,  guardian,  or  master, 
first  had  and  obtained,  if  any  he  have;  and  if  any  officer  shall  enlist  any 
person  contrary  to  the  true  intent  and  meaning  of  this  act,  for  every 
such  offence  he  shall  forfeit  and  pay  the  amount  of  the  bounty  and 
clothing  which  the  person  so  recruited  may  have  received  from  the  public, 
to  be  deducted  out  of  the  pay  and  emoluments  of  such  officer. 

Sbc.  1%  And  be  it  further  enacted,  That  there  shall  be  allowed  and 
paid  to  each  effective  able  bodied  man,  recruited  as  aforesaid,  to  serve 
for  the  term  of  five  years,  a  bounty  of  sixteen  dollars;  but  the  payment 
of  eight  dollars  of  the  said  bounty  shall  be  deferred  until  he  shall  be 
mustered,  and  have  joined  some  military  corps  of  the  United  States  for 
service.  And  whenever  any  non-commissioned  officer,  or  soldier,  shall 
be  discharged  from  the  service,  who  shall  have  obtained  from  the  com- 
manding officer  of  his  company,  battalion  or  regiment,  a  certificate, 
that  he  had  faithfully  performed  his  duty  whilst  in  service,  he  shall  more- 
over be  allowed  and  paid,  in  addition  to  the  said  bounty,  three  months^ 
pay,  and  one  hundred  and  sixty  acres  of  land,  and  the  heirs  and  repre- 
sentatives of  those  non-commissioned  officers  or  soldiers  who  may  be 


TWELFTH  CONORESS.    Sebm.  I.  Cm.  14.    1813. 


673 


killed  in  action,  or  4ie  in  the8er?ioe  of  the  United  States,  shall  likewise 
be  |>aid  and  allowed  the  said  additional  bounty  of  three  months'  pay  and 
one  hundred  and  sixty  acres  of  land,  to  be  designated,  surveyed  and 
laid  off  at  the  public  expense,  in  such  manner  and  upon  such  terms  and 
conditions  as  may  be  provided  by  law. 

Sec.  13.  And  be  it  Jurther  enacted^  That  the  said  corps  shall  be  paid 
in  such  manner,  that  the  arrears  shall,  at  no  time,  exceed  two  months, 
unless  the  circumstances  of  the  case  shall  render  it  unavoidable. 

Sec.  14.  And  be  it  Jvrther  enacted.  That  if  any  officer,  non-commis- 
sioned Officer,  musician  or  private,  shall  be  disabled  by  wounds  or  other- 
wise, while  in  the  line  of  his  duty  in  public  service,  he  shall  be  placed  on 
the  list  of  invalids  of  the  United  States,  at  such  rate  of  pension  and 
under  such  regulations  as  are  or  may  be  directed  by  law:  Provided 
always,  that  the  compensation  to  be  allowed  for  such  wounds  or  disa- 
bilities, to  a  commissioned  officer,  shall  not  exceed  for  the  highest  rate 
of  disability  half  the  monthly  pay  of  such  officer,  at  the  time  of  his  being 
disabled  or  wounded;  and  that  no  officer  shall  receive  more  than  the 
half  pay  of  a  lieutenant  colonel ;  and  that  the  rate  of  compensation  to 
non-commissioned  officers,  musicians  and  privates,  shall  not  exceed  five 
dollars  per  month :  And  provided  also,  that  all  inferior  disabilities  shall 
entitle  the  persons  so  disabled  to  receive  an  allowance  proportionate  to 
the  highest  disability. 

Sec.  15.  And  be  it  Jurther  enacted.  That  if  any  commissioned  officer 
in  the  military  establishment  of  the  United  States,  shall,  while  in  the 
service  of  the  United  States,  die  by  reason  of  any  wound  received  in 
actual  service  of  the  United  States,  and  leave  a  widow,  or  if  no  widow, 
a  child  or  children  under  sixteen  years  of  age,  such  widow,  or  if  no 
widow,  such  child  or  children,  shall  be  entitled  to  and  receive  half  the 
monthly  pay  to  which  the  deceased  was  entitled  at  the  time  of  his  death, 
for  and  during  the  term  of  five  years.  But  in  case  of  the  death  or  inter- 
marriage of  such  widow  before  the  expiration  of  the  said  term  of  five 
years,  Uie  half  pay  for  the  remainder  of  the  time  shall  go  to  the  child  or 
children  of  such  deceased  officer :  Provided  always,  that  such  half  pay 
shall  cease  on  the  decease  of  such  child  or  children. 

Sec.  16.  And  be  it  further  tnacted,  That  if  any  non-commissioned 
officer,  musician  or  private,  shall  desert  the  service  of  the  United  States, 
he  shall,  in  addition  to  the  penalties  mentioned  in  the  rules  and  articles 
of  war,  be  liable  to  serve  for  and  during  such  a  period  as  shall,  with  the 
time  he  may  have  served  previous  to  his  desertion,  amount  to  the  full 
terra  of  his  enlistment;  and  such  soldier  shall  and  may  be  tried  by  a 
court  martial,  and  punished,  although  the  term  of  his  enlistment  may 
have  elapsed  previous  to  his  being  apprehended  or  tried. 

Sec.  17.  And  be  it  Jurther  enacted,  That  every  person  not  subject  to 
the  rules  and  articles  of  war,  who  shall  procure  or  entice  a  soldier  in  the 
service  of  the  United  States,  to  desert;  or  who  shall  purchase  from  any 
soldier,  his  arms,  uniform  clothing,  or  any  part  thereof;  and  every  cap- 
tain or  commanding  officer  of  any  ship  or  vessel,  who  shall  enter  on 
board  such  ship  or  vessel  as  one  of  his  crew,  knowing  him  to  have 
deserted,  or  otherwise  carry  away,  any  such  soldier,  or  shall  refuse  to 
deliver  him  up  to  the  orders  of  his  commanding  officer,  shall  upon  legal 
conviction,  be  fined  at  the  discretion  of  any  court  having  cognizance  of 
the  same,  in  any  sum  not  exceeding  three  hundred  dollars,  and  be  im- 
prisoned any  term  not  exceeding  one  year. 

Sec.  18.  And  be  it  Jurther  enacted.  That  every  officer,  non-commis- 
sioned officer,  musician  and  private,  shall  take  and  subscribe  the  follow- 
ing oath  or  affirmation,  to  wit:  "I,  A,  B.  do  solemnly  swear,  or  affirm, 
(as  the  case  may  be,)  that  I  will  bear  true  faith  and  allegiance  to  the 
Jnited  States  of  America,  and  that  I  will  serve  them  honestly  and  faith- 
fully against  their  enemies  or  opposers  whomsoever;  and  that  I  will 

Vol.  XL— 85  3L 


How  the  men 
are  to  bepekU 


How  the  offi. 
cen,  Don-eom- 
miMiooed  offi. 
cera,  fcc.  kc, 
may  become 
peniiooeri. 

Limitation  of 
allowance  as 
penaionen. 


ProTito. 


Repretenta- 
tiTM  of  thora 
killed,  &c.  en- 
titled to  pen- 
■ioni. 


Penaltiea   for 
desertion. 


Penalties  apon 
those  not  in  ser- 
vice enticing 
soldiers  to  de- 
sert. 


Oaths  of  offi« 
cers  and  sol- 
diers. 


674 


TWELFTH  CONGRESS.    Sesb.  I.  Ch.  15, 16.    1812. 


Jodgp  advo. 
e«te  for  each  dU 
Tisioo. 


Extra  expeoM, 
not  exceeding' t 
limited  lum,  to 
be  paid  to  offi. 
ccra  acting  upon 
coaits  martial. 


Non-commia- 
aioned  officera, 
•oldiera,  fcc.  ex. 
empted  from  ar- 
reit. 


Allowance  to 
officer!  and  aol. 
diers  ditcharg. 
ed,  for  return, 
ing  home. 


Rateofratiooi. 


Chaplain!    to 
be  appointed. 


General  and 
field  officers  to 
roceiTe  pay  onljr 
for  the  time 
when  they  are 
in    actual    ter- 


obperre  and  obey  the  orders  of  the  President  of  the  United  States,  and 
the  orders  of  the  officers  appointed  over  me,  according  to  the  rules  and 
articles  of  war." 

Sbc.  19.  And  be  it  Jwriher  enacted,  That  there  shall  be  appointed  to 
each  division  a  judge  advocate  who  shall  be  entitled  to  the  same  pay  and 
emoluments  as  a  major  in  the  infantry,  or  if  taken  from  the  line  of  the 
army,  shall  be  entitled  to  thirty  dollars  per  month  in  addition  to  his  paj, 
and  the  same  allowance  for  forage  as  is  allowed  by  law  for  a  major  of 
infantry. 

Sec.  20.  And  be  it  further  enacted.  That  where  any  commissioned 
officer  shall  be  obliged  to  incur  any  extra  expense  in  travelling  and  sitting 
on  general  courts  martial,  he  shall  be  allowed  a  reasonable  compeiisaiion 
for  such  extra  expense  fictaally  incurred,  not  exceeding  one  dollar  and 
twenty-five  cents  per  day  to  officers  who  are  not  entitled  to  forage,  and 
not  exceeding  one  dollar  per  day  to  such  as  shall  be  entitled  to  forage. 

Sec.  21.  And  be  it  further  enacted.  That  no  non-commissioned  offi- 
cer, musician  or  private,  during  the  term  of  his  service,  shall  be  arrested 
on  mesne  process,  or  taken  or  charged  in  execution  for  any  debt  or  debts 
contracted  before  enlistment,  which  were  severally  under  twenty  dollars 
at  the  time  of  contracting  the  same,  nor  for  any  debt  whatever  contracted 
after  enlistment. 

Sec.  22.  Anrl  be  it  further  enacted.  That  whenever  any  officer  or 
soldier  shall  be  discharged  from  the  service,  except  by  way  of  punish- 
ment for  any  offence,  he  shall  be  allowed  his  pay  and  rations,  or  an 
equivalent  in  money,  for  such  term  of  time  as  shall  be  sufficient  for  him 
to  travel  from  the  place  of  discharge  to  the  place  of  his  residence,  com- 
puting at  the  rate  of  twenty  miles  to  a  day. 

Sp.c.  23.  And  be  it  fitrthtr  enacted.  That  the  subsistence  of  the  offi- 
cers of  the  army,  when  not  received  in  kind,  shall  be  estimated  at  twenty 
cents  per  ration. 

Sec.  24.  And  be  it  further  enacted.  That  there  shall  be  appointed  to 
each  brigade  one  chaplain,  who  shall  be  entitled  to  the  same  pay  and 
emoluments  as  a  major  in  the  infantry. 

Sec.  25.  And  be  it  further  enacted.  That  no  general,  field  or  staff 
officer,  who  may  be  appointed  by  virtue  of  this  act,  shall  be  entitled  to 
receive  any  pay  or  emoluments  until  he  shall  be  called  into  actual  ser- 
vice,  nor  for  any  longer  time  than  he  shall  continue  therein. 
Approved,  January  11,  1812. 


Statute  I. 
Jan.  14,  1812. 


Land  aold  and 
reverting  for 
non-payment 
not  to  he  told 
for  lest  than  the 
price  at  public 
aale. 


Statute  I. 
Jan.  14,  1812. 

[Ohiolete.] 
Specific  ap* 
propriation    of 
one  million  five 


Chap.  XV.^N^n  Jet  directing  the  ierm$  on  which  Iand$  sold  at  pubHe  aaie^  and 
that  revert  for  failure  in  payment,  shall  again  be  wold. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  no  tract  or  tracts  of  the 
reserved  sections  or  other  public  lands  of  the  United  States,  that  have 
been  or  may  hereafter  be  sold  at  public  sale,  and  which  may  have,  or 
shall,  on  account  of  failure  to  complete  the  payment  of  the  purchase 
money,  revert  to  the  United  States,  shall  hereafter  be  sold  at  private 
sale,  at  a  price  less  than  that  for  which  the  same  tract  was  sold  at  public 
sale. 

Approved,  January  14,  1812. 


Chap.  XVI. — Jin  Jet  authorizing  the  purchase  ff  ordnance  and  ordnance  ttonSf 
camp  equipage  and  other  QuariermasterU  ttores  and  small  arms* 

Be  it  enacted  by  the  Senate  and  House  of  R^esenteUives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  sum  o^  one  million 
five  hundred  thousand  dollars  be,  and  the  same  is  hereby  impropriated 


TWELFTH  CONGRESS.    Sess.  I.  Ch.  17, 18.     1812. 


675 


for  the  purchase,  under  the  direction  of  the  President  of  the  United 
States,  of  ordnance  and  ordnance  stores,  camp  equipage  and  other 
quartermaster's  stores  for  the  use  of  the  army  of  the  United  States. 

Sec.  2.  And  be  it  Jvrther  enacitd^  That  the  sum  of  four  hundred 
thousand  dollars  be,  and  the  same  is  hereby  appropriated  for  the  pur- 
chase, under  the  direction  of  the  President  of  the  United  States,  of 
saltpetre  and  sulphur,  for  making  the  same  into  powder,  and  for  ordnance 
and  small  arms  for  the  use  cf  the  navy  of  the  United  States. 

Appbuyed,  January  14,  1S12. 


Chap.  XVII An  Jld  ioalter  the  time  of  holding  the  District  Courts  €f  the  United 

States^  for  the  North  Carolina  district. 

Be  it  enacted  by  the  Senate  and  Hay se  of  Ripresentatives  of  the  United 
States  of  America  in  Congress  asstmbhd.  That  instead  of  the  time  here- 
tofore established  by  law  for  the  sessions  of  the  district  courts  of  the 
United  Stales,  in  the  North  Carolina  district,  the  said  courts  shall  here- 
after commence  and  be  holden  on  the  following  days  in  each  year,  that 
is  to  say :  At  Edeiiton,  in  and  for  the  district  of  Albermarle,  on  the  tnird 
Monday  of  April,  and  third  Monday  of  October;  at  New  hern,  in  and  for 
the  district  of  Pamptico,  on  the  first  Monday  aAer  the  third  Monday  of 
April,  and  third  Monday  of  October ;  at  Wilmington,  in  and  for  the 
district  of  Cape  Fear,  on  the  second  Monday  after  the  third  Monday  of 
April,  and  third  Monday  of  Oct<»ber,  any  thing  contained  in  any  former 
act  or  acts  to  the  contrary  m  twithstaiiding.  And  all  actions,  suits,  pro- 
cess, pleadings,  recognizances,  and  all  other  proceedings  of  what  nature 
or  kiiid  soever,  civil  or  criminal,  commenced  or  to  be  commenced,  and 
made  returnable  to  any  of  the  said  courts,  in  the.  month  of  February 
next,  shall  be  continued  respectively,  and  shall  be  returned  to,  and  have 
day  in  the  term  of  said  courts  next  to  be  holden  by  virtue  of  this  act, 
and  the  same  proceedings  shall  be  had  thereon,  with  the  same  eflfect  and 
powef,  they  would  have  had  if  this  alteration  had  not  been  made. 

Sec.  2.  And  be  it  further  enacted.  That  if  the  judge  of  thie  district 
courts  aforesaid  should  fail  to  attend  on  the  first  day  of  the  term  of  any 
of  the  said  courts,  respectively,  it  shall  and  may  be  lawful  for  the  marshal 
of  the  district,  and  he  is  hereby  authorized  to  adjourn  the  said  court  or 
courts,  until  the  next  succeeding  day,  and  if  the  said  judge  does  not 
attend  before  the  expiration  of  the  second  day  of  the  term  of  the  said 
court  or  courts,  respectively,  it  shall  and  may  be  lawful  for  the  marshal 
aforesaid  to  adjourn  the  said  court  or  courts  to  the  term  next  in  course, 
any  thing  in  any  former  act  or  acts  to  the  contrary  notwithstanding. 

Appboybd,  January  23,  1812. 


Chap.  XVIII. — J3n  Act  to eonHnuein  force  for  a  further  time^  the  first  section  cf 
the  oct^  entHuled  ^*An  act  further  to  protect  tJte  commerce  and  seamen  of  the  United 
Stales  against  the  Barbary  powers.''^ 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  so  much  of  the  act  passed 
on  the  twenty-fiflh  day  of  March,  one  thousand  eight  hundred  and 
four,  entituled  "An  act  further  to  protect  the  commerce  and  seamen  of 
the  United  States  against  the  Barbary  powers,"  as  is  contained  in  the 
first  section  of  the  said  act,  and  which  was  revived  and  continued  in 
force  for  the  time  therein  mentioned,  by  an  act,  entituled  ''An  act  to 
revive  and  continue  in  force  for  a  further  time,  the  first  section  of  the 
act,  entituled  An  act  further  to  protect  the  commerce  and  seamen  of  the 
United  States  against  the  Barbary  powers,"  passed  on  the  twelfth  day  of 
January,  one  thousand  eight  hundred  and  ten,  be,  and  the  same  is  hereby 


hoodred     thon- 
sand  dollara. 

Specific  ap. 

Siropnation  of 
bur  hundred 
tboutand  doj. 
Ian  Tor  salu 
petre  and  aul- 
phar. 

Statvtb  I. 
Jan.  t3,  1812. 

Act  of  March 
9,  1808,  ch.  29. 
SeMioni  ofthe 
court  changed. 

1826,  ch.  129. 
1828,  ch.  16. 


ProceH,    Hcc. 
8tc.  lo    be   re- 
tamable,  fcc. 
fcc.  accordingly. 


Marshal  may 
adjourn  the 
court  upon  the 
non-attendance 
orthejudffi',the 
two  first  days. 


Statute  I« 

Jan.  81,  1812. 

[Expired.] 

Act  of  April 
21, 1806, ch.  38. 

Act  of  Feb. 
27,  1813,  ch. 
40. 

The  set  con. 
tinned  in  force. 

1804,  ch.  46. 

1810,  ch.  6. 


676 


TWELFTH  CONGRESS.    Sm.  L  Ch.  20, 21.     I812L 


continued  in  force  until  the  fourth  day  of  March,  one  thousand  eight 
Fraiito.  hundred  and  thirteen :  Provided  however,  that  the  additional  duty  laid 

by  the  said  section,  shall  be  collected  on  dl  such  goods,  wares  and  mer- 
chandise liable  to  pay  the  same  as  shall  have  been  imported  previous  to 
that  day. 

ApFROYEDy  January  31, 1812. 


Statutb  I. 

Feb.  6, 1812. 

Act  of  Sept. 
S4, 1789,  tec.  2. 
SeMiont  of  the 
coait  changed 
to  the  fourth 
ToetdajT  of  Feb. 
ruary,  Ma7,Aa- 
guat  tod  No- 
vember. 

ProceM,  Ike. 
kc.  retornable, 
fcc.  ftc.  accord- 
ingly. 


Statute L 


Chap.  XX^.-'-^n  Jei  to  aUer  the  timea  tf  holding  the  Didrid  Qfurt$^  w^ 
for  the  dietriet  of  Cbnnedieut. 

Be  ii  enacted  hy  the  Senate  and  House  of  Representatives  of  the  United 
States  rf  America  in  Congress  assembled,  That  the  district  court  within 
and  for  the  district  of  Connecticut,  shall  hereafter  be  holden  on  the 
fourth  Tuesdays  of  February,  May,  August  and  November,  in  each  year, 
any  law  to  the  contrary  notwithstandinff.  And  that  all  actions,  suits, 
writs,  process,  pleadings  or  other  proceedings,  commenced  or  to  be  com- 
menced, or  which  are  now  pending  in  the  district  court  in  said  district, 
may  be  returned  to,  and  shall  be  continued  to  the  district  court,  to  be 
holden  on  the  fourth  Tuesday  of  February,  one  thousand  eight  hundred 
and  twelve,  as  is  herein  provided. 

Approved,  February  6, 1812. 


Feb.  6,  1812.        Crap.   XXI. 


Repealed    by 
act  Janoarr  29, 
1813.    ch.    16, 
aec.  18. 

Preiident  may 
accept  of  the 
aerricee  of  toI- 
imteer  corpa. 


Proriao. 


1812,  ch.  137. 

Senricef  of 
volnnteera, 
when  and  how 
long  they  may 
be  required. 


Sul^ect  to  the 
mlea  and  regn- 
lationa  of  war, 
when  in  lerTice. 

Protiao. 


Jet  mUhorizitif  the  Preeideni  of  the  United  Slatea  to  aottfi 
and  organize  eertatn  Volunteer  Mi&tary  Oorp§» 

Beit  enacted  by  the  Senate  and  House  of  Representatives  oflhe  United 
States  of  America  in  Congress  assembled.  That  the  President  of  the  United 
Sutes  be,  and  he  is  hereby  authorized  to  accept  of  any  company  or 
companies  of  volunteers,  either  of  artillery,  cavalry  or  infantry,  who  may 
associate  and  offer  themselves  for  the  service,  not  exceeding  fifty  thou- 
sand men ;  who  shall  be  clothed,  and  in  case  of  cavalry,  furnished  with 
horses  at  their  own  expense,  and  armed  and  equipped  at  the  expense  of 
the  United  States,  after  they  shall  be  called  into  service;  and  whose 
commissioned  officers  shall  be  appointed  in  the  manner  prescribed  by 
law  in  the  several  states  and  territories  to  which  such  companies  shall 
respectively  belong :  Provided,  that  where  any  company,  battalion,  regi- 
ment, brigade  or  division  of  militia,  already  organized,  shall  tender  their 
voluntary  service  to  the  United  States,  such  company,  battalion,  regi- 
ment, brigade  or  division,  shall  continue  to  be  commanded  by  the 
officers  holding  commissions  in  the  same,  at  the  time  of  such  tender ; 
and  any  vacancy  thereafter  occurring,  shall  be  filled  in  the  mode  pointed 
out  by  law  in  the  state  or  territory  wherein  the  said  company,  battalion, 
regiment,  brigade  or  division,  shall  have  been  originally  raised. 

Sec.  2.  And  be  it  fiirther  enacted.  That  any  company,  battalion, 
reffiment,  brigade  or  division,  thus  offering  itself  for  the  service,  shall  be 
liable  to  be  called  upon  to  do  military  duty  at  any  time  the  President  of 
the  United  States  shall  judge  proper,  within  two  years  after  he  shall 
have  accepted  the  same ;  and  shall  be  bound  to  continue  in  service  for 
the  term  of  twelve  months  after  they  shall  have  arrived  at  the  place  of 
rendezvous,  unless  sooner  discharged ;  and  when  so  called  intp  service, 
and  whilst  remaining  therein,  shall  be  under  the  same  rules  and  regul^ 
tions,  and  be  entitled  to  the  same  pay,  rations,  forage,  and  emoluments 
of  every  kind,  bounty  and  clothing  excepted,  with  the  regular  troops  of 
the  United  States :  Provided,  that  in  lieu  of  clothing,  every  non-commie 
sioned  officer  and  private  in  any  company,  who  may  thus  offer  them- 
selves, shall  be  entitled,  when  called  into  service,  to  receive  in  money  a 
sum  equal  to  the  cost  of  the  clothing  of  a  non-commissioned  officer  oi 
private  (as  the  case  may  be)  in  the  r^[ular  troc^  of  the  United  States. 


TWELFTH  CONGRESS.    Bess.  I.  Ch.  9SL    1813. 


677 


Sbc.  8.  And  he  UJurther  enacted.  That  the  President  of  the  Uaited 
States  be,  and  he  hereby  is  authorized,  to  organize  the  companies  so 
tendering  their  service  as  aforesaid,  into  battalions,  squadrons,  regiments, 
brigades  and  divisions,  as  soon  as  the  number  of  volunteers  shall  render 
such  organization,  in  his  judgment,  expedient;  but,  until  called  into 
actual  service,  such  companies  are  not  to  be  considered  as  exempt  from 
the  performance  of  militia  duty,  as  is  required  by  law,  in  like  manner  as 
before  the  passage  of  this  act. 

Sec.  4.  And  be  itjuriher  enacted^  That  in  case  any  volunteer  above 
mentioned,  while  in  actual  service,  shall  sustain  any  damage*  by  injury 
done  to  his  horse,  or  such  other  equipment  as  shall  have  been  furnished 
at  his  own  expense,  or  by  loss  of  the  same,  without  any  fault  or  negli- 
gence on  his  part,  a  reasonable  sum,  to  be  ascertained  in  such  manner 
as  the  President  of  the  United  States  may  direct,  shall  be  allowed  and 
paid  to  such  volunteer,  for  each  and  every  such  loss  or  damage. 

Sec.  5.  And  he  it  further  enacted.  That  if  any  officer,  non-commis- 
sioned officer,  musician  or  private,  shall  be  disabled  by  wounds  or  other- 
wise^ while  in  the  line  of  his  duty  in  public  service,  he  shall  be  placed  on 
the  list  of  invalid  pensioners  of  the  United  States,  at  such  rate  of  pension, 
and  under  such  regulations  as  are,  or  may  be  directed  by  law :  Provided 
always,  that  the  compensation  to  be  allowed  for  such  wounds  or  disabi- 
lities, to  a  commissioned  officer,  shall  not  exceed,  for  the  highest  rate 
of  disability,  half  the  monthly  pay  of  such  officer,  at  the  time  of  his  being 
wounded  or  disabled,  and  that  no  officer  shall  receive  more  than  the  half 
pay  of  a  lieutenant-colonel :  and  that  the  rate  of  pension  to  non-commis- 
sioned officers,  musicians  and  privates,  shall  not  exceed  five  dollars  per 
month :  And  provided  also,  that  all  inferior  disabilities  shall  entitle  the 
person  so  disabled  to  receive  an  allowance  proportionate  to  the  highest 
disability. 

Sec.  6.  And  he  it  Jvrther  enacted,  That  the  heirs  and  representatives 
of  any  non-commissioned  officer  or  soldier,  who  may  he  killed  in  action, 
or  die  in  the  actual  service  of  the  United  States,  shall  be  entitled  to 
receive  one  hundred  and  sixty  acres  of  land ;  to  be  designated,  surveyed 
and  laid  off  at  the  public  expense,  in  such  manner,  and  upon  such  terms 
and  conditions  as  may  be  provided  by  law. 

Sec.  7.  And  he  it  Jvrther  enacted,  That  upon  the  discharge  of  any 
non-commissioned  officer- or  soldier,  who  shall  have  been  accepted  under 
the  provisions  of  this  act,  and  shall  have  been  in  actual  service  for  a 
period  not  less  than  one  month,  and  shall  have  obtained  from  the  com- 
manding officer  of  his  company,  battalion  or  regiment,  a  certificate  that 
he  had  faithfully  performed  his  duty  while  in  service,  such  non-commis- 
sioned officer  or  soldier,  if  attached  to  the  artillery. or  infantry,  shall  be 
presented  with  a  musket,  bayonet,  and  other  personal  equipments;  or, 
if  attached  to  the  cavalry,  with  the  sabre  and  pistols  furnished  him  by  the 
United  States,  as  a  public  testimonial  of  the  promptitude  and  zeal  with 
which  he  shall  have  volunteered  in  support  of  the  rights  and  honour  of 
the  country. 

Sec.  8.  And  he  it  fitrther  enacted,  That  the  sum  of  one  million  of 
dollars  be  appropriated  to  defray  the  expenses  which  may  be  incurred 
under  the  provisions  of  this  act,  to  be  paid  out  of  any  money  in  the  trea- 
sury not  otherwise  appropriated. 

Approved,  February  6,  1812. 


President  au- 
thorixed  to  or- 
ganise the  vol. 
UDteer  compa- 
nies  into  battel- 
ions,  fcc.  kc. 

When. 
^  In  the  mean 
time    they   are 
not  exempt  fh>m 
miiitia  duty. 

President  an- 
thorixed  to  have 
the  volonteera 
com]>ensated  for 
certain  injuries 
and  losses. 


Volunteers 
may  be  placed 
on  pension  list 
in  certain  cases. 


Proportionable 
rates  of  pension. 


Proviso. 


Heirs  and  re- 
presenUtives  of 
volunteers  enti- 
tled to  land. 


Volunteers, 
upon  being  dis- 
cnarged  entitled 
to  personal 
equipments   of 
muskeU,  fcc. 


Appropriation. 


Statutb  I. 


Chap.  XXII^-.^fi  Jet  for  the  revision  cf  former  eoi^rmoHons,  and  for  eon-  Feb.  30, 1812. 

firming  certain  ehims  to  land  tn  the  District  cfKaskaskia.  j^^i  ^f  j^pril 

Be  it  enacted  hy  the  Senate  and  House  of  Rmresentatives  of  the  United  ^i'et^of  Feb!  Hi 

States  of  America  in  Congress  assembled.  That  the  register  and  re-  i8i6,ch.63l 

3l2 


678 


TWELFTH  CONGRESS.    Scss.  I.  Ch.  23.    1812. 


Register  and 
receiver  of  the 
land-office  at 
Kaskaskia  to  in- 
quire into  Ta. 
liditjr  of  certain 
claim*  to  land. 

A  clerk  to  be 
employed  bjr 
them. 

Report  to  be 
made  to  Secre- 
tary of  the  Tree- 
■ary,  which  ia 
to  be  laid  before 
CongrcH. 

Cummisdion- 
era,  clerk  and 
agent;  their 
compenaation ; 
how  to  be  paid. 


Deciaiona  of 
commiaaionera, 
when  to  be  con- 
firmed. 


Proviao  aa  to 
deciaiona  in 
other  caaea. 


Statutjb  I. 
Feb.  20,  1812. 

[Obaolete.] 

Appropriation 
for  nx  compa- 
nies. 


Act  of  Jan.  2, 
1812,  ch.  11. 


Specific  ap* 
propriationa. 


ceiYer  of  public  monies  of  the  land-office  at  Kaskaskia,  and  such  other 
person  as  the  President  of  the  United  States  shall  appoint  for  that  pur- 
pose, be,  and  they  are  hereby  authorized  to  examine  and  inquire  into 
the  validity  of  claims  to  land  in  the  district  of  Kaskaskia,  which  are 
derived  from  confirmations  made,  or  pretended  to  have  been  made,  by 
the  governors  of  the  North  West  and  Indiana  territory,  respectively. 
They  shall  employ  a  clerk,  and  shall,  in  relation  to  the  claims  aforesaid, 
have,  in  every  respect,  the  same  powers  which  had  been  vested  in  the 
commissioners  appointed  to  ascertain  the  claims  to  land  in  the  said  dis- 
trict And  they  shall  report  to  the  Secretary  of  the  Treasury,  to  be  by 
him  laid  before  Congress  at  their  next  session,  their  opinion  on  each  of 
the  claims  aforesaid. 

Sec.  2.  And  be  it  further  enacted^  That  the  commissioners  and  clerk, 
appointed  by  this  act,  and  such  agent,  as  may  be  appointed  on  behalf  of 
the  United  States  by  the  Secretary  of  the  Treasury,  shall  each  receive 
five  hundred  dollars  in  full  for  the  services  performed  by  them  under  this 
act;  which  compensation,  and  also  the  contingent  charges  for  office 
rent,  fuel,  stationery  and  summoning  witnesses  on  the  part  of  the  United 
States,  shall  be  paid  out  of  the  monies  appropriated  by  law  for  survey- 
ing  the  public  lands  of  the  United  States. 

Sec.  3.  And  he  it  further  enacted^  That  the  decisions  made  by  the 
commissioners,  heretofore  appointed  for  the  purpose  of  examining  the 
claims  of  persons  to  lands  in  the  district  of  Kaskaskia,  in  favour  of  such 
claimants  to  town  or  village  lots,  out  lots  or  rights  in  common,  to  com- 
mons and  commonfields,  as  entered  in  the  transcripts  of  decisions,  bear- 
ing date  the  thirty-first  day  of  December,  one  thousand  eight  hundred 
and  nine,  which  have  been  transmitted  by  the  said  commissioners  to  the 
Secretary  of  the  Treasury,  according  to  law,  be  confirmed  to  all  such 
rightful  claimants  according  to  their  respective  rights  thereto :  Prtwidid, 
that  nothing  herein  contained,  shall  be  construed  to  confirm  any  particu- 
lar decision,  heretofore  made  in  favour  of  any  individual,  or  to  affect  the 
right  of  any  other  individual  claiming  the  same  land ;  but  such  conflict- 
ing claims  shall  be  decided  according  to  law  by  the  proper  tribunal. 

Approved,  February  20,  1812. 


Chap.  XXIII.— ^n  Aei  making  an  ajmroprialion  far  ike  expemes  incident  to  the 
fix  companies  tf  Mounted  Rangera^  during  the  year  one  thoueand  eight  hundred 
and  twelve. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  sum  of  one  hundred 
and  eight  thousand  seven  hundred  and  seventy-two  dollars  be,  and  the 
same  is  hereby  appropriated  for  the  pay,  subsistence  and  forage,  during 
the  year  one  thousand  eight  hundred  and  twelve,  of  the  six  companies 
of  mounted  rangers,  to  be  raised  for  the  service  of  the  United  States, 
pursuant  to  an  act,  entituled  "An  act  authorizing  the  President  of  the 
United  States  to  raise  certain  companies  of  rangers,  for  the  protection 
of  the  frontier  of  the  United  States,"  that  is  to  say : 

For  the  pay  of  the  officers,  non-commissioned  officers  and  privates  of 
the  said  companies,  the  sum  of  one  hundred  and  four  thousand  eight 
hundred  dollars. 

For  the  subsistence  of  the  officers,  the  sum  of  two  thousand  six  hun- 
dred and  twenty-eight  dollars. 

For  forage,  the  sum  of  one  thousand  three  hundred  and  forty-four  dol- 
lars. The  said  sums  to  be  paid  out  of  any  monies  in  the  treasury  of  the 
United  States,  not  otherwise  appropriated. 

Approved,  February  20,  1812. 


TWELFTH  CONGRESS.    Sess.  I.  Ch.  24,  25.     1812.  679 

Statdtk  L 

Chap.  XXIV, -^-Jin  act  authorizing  the  Stereiary  ff  the  TVeasury  to  locate  the  pe^.  20, 1812. 

LatuU  reserved  for  the  use  of  J^trton  CoiJege^  in  the  Miuiuippi  territory.         '■ — *- ^ 

[ObioJete.] 

Bt  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United  xhe  Secretary 

States  of  America  in  Congress  assembled,  That  the  Secreury  of  the  of  the  Treasury 

Treasury  be,  and  he  is  hereby  authorized  and  empowered  to  locate  in  ^**^i!*i.**°* 

one  body,  the  thirty-six  sections  of  land  reserved  for  the  use  of  Jefferson  ,ix  TOctions'of 

college  in  the  Mississippi  territory,  by  an  act,  entituled  "An  act  regu-  land  resenred 

latiiig  the  grants  of  laud,  and  providing  for  the  sale  of  the  lands  of  the  ^'  ^*^®J"®\ 

United  States  south  of  the  sute  of  Tennessee,"  passed  on  the  third  day  ^ct  ^March  s! 

of  March,  one  thousand  eight  hundred  and  three,  on  any  lands  within  1803,  sec.  12.  ' 
the  9aid  territory  not  sold,  or  otherwise  disposed  of,  and  to  which  the 
Indian  title  has  been  extinguished. 

Approved,  February  20,  1812. 


— ^—  Statutx  h 

Chap.  XXV. — Jn  Act  for  the  more  convenient  taking  (f  affidomte  and  bail  in     Feb.  20, 1812. 
civil  eauaea  depen^ng  in  the  courts  cf  the  Vnited  Staie»,{a)  a  t  fM     h 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United  ^  ^^^'^»  ^^  ^0. 
States  of  America  in  Congress  assembled.  That  it  shall  be  lawful  for  the 

(a)  The  decisions  of  the  Courts  of  the  United  States  upon  the  law  of  Bail  hsve  been: 

Bail  in  Criminal  Caus. — The  circuit  court  has  no  authority  to  issue  a  habeas  corpus  for  the  purpose  of 
surrendering  a  principal  in  discharae  of  his  bail,  when  the  principal  is  confined  in  jail  merelj  under  the 
process  of  a  state  court ;  nor  will  Uie  court  diitcharge  the  bail  of  such  partj,  who  has  become  bound  b^ 
recognisance  in  the  circuit  court  to  answer,  &c.,  merely  on  account  of  such  impediment ;  but,  in  theur 
discretion,  the  court  will  respite  the  recognizance.    U.  8.  «.  Jonathan  French,  1  Gallis.  C.  C.  R.  1. 

The  mere  continuance  of  a  cause,  on  sufficient  grounds  exhibited  by  the  district  attornepr,  constitutes 
no  reason  why  the  court  should  admit  a  defendant  who  is  in  confinement,  to  bail.  But  ir  the  court  is 
satisfied  that  the  health  of  the  accused  is  such  as  that  his  life  will  be  endangered  by  his  being  kept  in 
confinement  until  next  term,  it  furnishes  a  strong  ground  for  bail.  The  U.  S.  v,  Jones,  3  Wash.  C.  C.  R. 
209. 

Probable  cause,  on  oath,  must  be  stated,  to  justify  the  holding  a  defendant  to  bail  under  the  3d  sec. 
of  the  act  ot  Congress  of  26th  Feb.  1795,  ch.  31.     Leonard  o.  Caskin,  Bee*s  Adm.  Decis.  146. 

Aaron  Burr,  chsrged  with  carrying  on  a  military  expedition  sgainst  a  nation  with  whom  the  United 
States  were  at  peace,  was  admitted  to  bail.     1  Burr*s  Trial,  18. 

The  postponement  of  a  criminal  case,  on  the  application  of  tbe  defendant,  to  allow  him  an  opportunity 
to  obtain  testimony,  is  not  a  cause  of  bail.  The  U.  S.  v.  Stewart.  C.  C.  U.  S.  of  PennsyWania,  2  Dall. 
34.5. 

The  circumstances  must  be  very  strong,  which  will,  at  any  time,  induce  the  court  to  admit  a  person  to 
bail  who  stands  charged  with  high  tresson.    Ibid. 

The  supreme  court  of  the  ITnited  States  has  jurisdiction,  under  the  constitution  and  Isws  of  the  United 
States,  to  bail  a  person  committed  for  trial  on  a  criminal  charge,  by  a  district  judge  of  the  United  States^ 
U.  S.  e.  Hamilton,  3  Dsll.  13. 

The  msrshal  of  the  United  States  of  the  Connecticut  district,  upon  a  writ  of  attachment  sued  out  by  the 
United  States,  to  reooTer  a  penalty,  may  commit  a  defendant  to  prison  for  want  of  bail,  without  a  mitti- 
mus from  a  state  magistrate,  as  is  required  by  the  local  laws  of  the  state ;  for  such  municipal  regulation 
does  not  bind  the  officers  of  the  United  States.    Palmer  o.  Allen,  7  Cranch,  560;  2  Cond.  Rep.  607. 

Bail  in  Civil  Cases, — The  bsil  is  fixed  by  the  death  of  the  principal,  after  the  return  of  a  capias  ad 
satisfaciendum,  and  before  the  return  of  the  scire  fscias;  and  the  bail  is  not  entitled  to  an  exoneretur  in 
such  a  case.    Davidson  «.  Taylor,  12  Wheat.  604;  6  Cond.  Rep.  660. 

Demsnding  excessive  bail,  where  the  plaintiff  has  a  go<>d  cause  of  action,  or  holding  to  bail  where 
there  is  no  cause  of  action,  if  done  vexatiously,  entitles  the  party  injured  to  sn  action  for  a  malicious 
prosecution.    If  bail  be  not  demanded,  no  such  action  will  lie.    Rav  «.  Law,  Peters*  C.  C.  R.  207. 

Pennsylvania.  The  circuit  court  will  discharge,  on  common  bail,  a  defendant  who  has  been  arrested 
for  a  debt  contracted  in  the  state  in  which  he  has,  subsequent  to  the  commencement  of  the  suit,  been 
discharged  by  the  insolvent  laws  of  the  state.    Read  «.  Chapman,  Peters*  C.  C.  R.  404. 

Pennsylvania.  Where  a  capias  has  been  issued  agsinst  s  person  who  has  been  discharged  from  the 
debt  for  which  it  was  issued,  by  the  insolvent  laws  of  the  state  in  which  it  was  contracted,  the  court  will 
not  quash  the  writ,  but  will  discharge  the  defendant  on  common  bail.    Ihid, 

On  a  rule  to  show  cause  why  the  defendant  should  not  be  discharged  on  common  bail,  he  having  been 
discharged  under  the  insolvent  laws  of  Pennsylvania;  evidence  to  show  that  the  discharge  had  been 
fraudulently  obtained,  cannot  be  given.    Campbell  et  al.  v.  Claudius,  Peters*  C.  C.  R.  484. 

Pennsvlvania.  Where  the  debt  hss  been  contracted  and  made  payable  out  of  the  state,  the  circuit 
court  will  not  discharge,  on  common  bail,  a  defendant  arrested  .for  such  debt,  notwithstanding  his  dis- 
charge  by  the  insolvent  laws  of  the  state  in  which  the  action  was  brought.    Ibid. 

After  bail  given,  and  plea  pleaded,  the  defendant  cannot  arrest  the  judgment  on  the  ground  of  a  mis. 
Domer.    Scull  v.  Briddle,  2  Wash.  C.  C.  R.  200. 

The  proceedings  were  amended  by  the  recognisance  of  bail,  and  the  name  of  the  defendant  in  the 
recognisance  was  inserted  in  the  decfsration.    Ibid, 

The  court  are  not  precluded  from  obtaining  further  satisfaction  as  to  the  debt  sworn  to  in  ai\  affidavit  to 


680  TWELFTH  CONGRESS.    Sess.  I.  Cb.  25.    1812. 

Comminion.  circajt  court  of  the  United  States,  to  be  holden  in  any  district  in  which 

^'^  tad  ^  iT  ^^^  present  provision,  by  law,  for  taking  bail  and  affidaWts  in  civil  causes, 

ciroait   coarto  (^°  ^^^^^  where  such  affidavits  are,  by  law,  admissible)  is  inadequate,  or 

oftheU.sutaf,  on  account  of  the  extent  of  such  district,  inconvenient,  to  appoint  such 

hold  to  IwU,  becauto  the  ftfBdavit  is  potitiTe ;'  bat  the  Doceenty  to  examine  the  part?  who  makee  the  affi- 
davit, muit  be  presented  on  the  face  of  the  same.    Oliver  v.  Parish,  S  Wash.  C.  C.  R.  462. 

New  York.  Under  the  act  of  Congress  of  6th  Januarj,  1800,  the  sheriff  of  a  county  is  bound  to  take 
a  bond  for  the  limiu,  as  provided  by  the  state  laws,  fW>m  a  prisoner  confined  on  process  from  the  courts 
of  the  United  SUtes ;  and  false  imprisonment  woold  lie  on  his  reAisal.  United  States  v.  Noah,  iPaine** 
C.  C.  R.  368. 

New  York.  Snch  a  bond  has,  in  all  respecto,  the  same  incidents,  and  the  like  legal  effects  with  a  bond 
taken  nnder  the  state  laws.    Ibid, 

New  York.  It  is  assignable :  and  an  assignment  discharges  the  sheriff  from  a  liability  for  a  fobeeqnent 
escape.    Ibid, 

New  York.  The  United  States  are  expressly  named  in  the  act,  and  bound  by  it;  and  an  assignment  of 
a  bond  to  them  when  they  are  plaintiffs,  is  vahd.    Ibid. 

New  Yorkv  The  Secretary  of  the  Treasury  having  accepted  such  an  assignment,  the  court  presumed 
that  he  was  authorized,  and  neld  the  plaintiffs  bound  by  his  accepUnce.    IMd. 

New  York.    The  term  «  process,"  in  the  act,  includes  executions,  as  well  as  mesne  process.    Ibid. 

New  York.  After  a  prisoner  has  been  enlarged  upon  a  limit  bond,  the  sheriff  can  confine  him  again 
only  on  the  bail's  becoming  insufficient.  He  cannot  accept  a  surrender  of  him ;  certainly  not  after  an 
assignment  of  the  bond.    Ibid. 

Pennsylvania.  The  bail  to  the  sheriff  entered  special  bail ;  on  being  excepted  to,  he  refused  to  justify, 
whereupon  he  was  sued  on  the  bail  bond,  and  he  surrendered  the  principal  before  die  return  of  the  writ. 
Held,  that  the  surrender  was  good,  and  the  bail  was  entitled  to  relief  on  the  usual  terms.  Stockton  v. 
Throgmorton,  1  Baldwin's  C.  C.  R.  148. 

No  Justification  of  bail  is  necessary,  when  special  bail  is  entered  for  the  purpose  of  a  surrender.    Ibid. 

Bail  may  take  the  principal  on  a  Sunday,  or  in  another  stete.  Johnson  v.  Tomkins,  1  Baldwin's  C.  C. 
R.  677. 

If  the  defendant  be  discharged  under  an  insolvent  law  of  the  state  where  the  contract  is  made,  after 
the  bail  bond  has  been  assigned  to  the  plaintiff,  the  court  will  not  order  an  exoneretur  to  be  entered  on 
the  bail  piece.    Bosbyshell  v.  Oppenheuner,  4  Wash.  C.  C.  R.  317. 

By  the  Pennsylvania  practice,  nhng  the  declaration  before  the  return  of  the  writ,  is  not  a  waiver  of  the 
bail.    The  English  rule  is  otherwise,  unless  the  declaration  be  filed  de  bene  esse.    Ibid. 

The  undertaking  of  the  appearance  bail  can  be  no  otherwise  fulfilled,  than  by  the  defendant  giving 
special  bail,  if  so  ruled :  snd  that  bail  justifying,  if  excepted  to.    Ibid. 

If,  instead  of  ruling  the  marshal  to  bring  m  the  body  of  the  defendant,  the  plaintiff  accept  an  assign, 
ment  of  the  bail  bond,  and  brins  a  suit  thereon,  still  the  court  will  not  fix  the  appearance  bail,  if  certain 
terms  are  complied  with ;  one  of  which  is  the  defendant's  entering  special  bail.    Ibid. 

On  a  rule  on  the  plaintiff  to  show  his  cause  of  action,  who  thereupon  filed  a  positive  affidavit  of  the 
debt,  the  court  will  not  order  the  party  making  the  affidavit,  to  be  examined  on  oath  in  court;  no  ground 
appearing  to  the  court  to  justify  a  suspicion  that  the  debt  was  not  due.  Champion  v.  Ross,  4  Wash.  C.  C. 
R.  325. 

The  court  will  not  relieve  the  appearance  bail,  upon  his  delivering  the  principal  in  court,  unless  he  put 
in  snd  perfect  special  bail.    Bosbyshell  o.  Oppenheuner,  4  Wash.  C.  C.  R.  317. 

Although  the  special  bail  may  deliver  up  toe  principal  at  any  time  before  the  second  scire  facias,  it 
does  not  follow  that  the  appearance  bail  may  do  it.    Their  engagemenU  are  of  a  different  nature.    IMd. 

Where  the  defendant  is  discharged  under  the  insolvent  law  of  the  state  where  the  debt  was  contracted, 
and  has  given  special  bail,  the  court  will  order  an  exoneretur  to  be  entered  on  the  bail  piece.  Richard, 
son  V,  M'Intyre,  4  Wash.  C.  C.  R.  412. 

If  the  specisl  bail  surrender  the  principal,  who  has  been  discharged  under  an  insolvent  law,  the 
court  will  aiscbarge  the  principal  from  custody.    Ibid. 

Under  the  act  of  assembly  of  Virginia,  the  defendant  may  enter  special  bail,  and  defend  the  suit  at  any 
time  before  the  entering  up  of  Judgment,  upon  a  writ  of  inquiry  executed ;  and  the  appearance  of  the 
defendant,  or  the  entry  of  special  bail,  before  such  judgment,  discharges  the  appearance  bail.  Bartle  v. 
Coleman,  6  Wheat  475 ;  5  Cond.  Rep.  142. 

If  the  defendant  does  not  appear,  or  give  special  bail,  the  appearance  bail  may  defend  the  suit,  and  is 
liable  to  the  same  judgment  ss  the  defendant  would  have  been  liable  to ;  but  the  defendant  cannot  appear 
and  consent  to  a  reference,  the  report  and  judgment  on  which  is  to  bind  the  appearance  bail  as  well  as 
himself.    Such  a  joint  judgment  is  erroneous,  and  will  be  reversed  as  to  both.    laid. 

District  of  Columbia.  The  bail  is  fixed  by  the  death  of  the  principal  after  the  return  of  the  ca.  sa.  and 
before  the  return  of  the  scire  fkcias ;  and  the  bail  is  not  entitled  to  an  exoneretur  in  such  a  case.  Da. 
vidson  V.  Taylor,  12  Wheat.  604;  6  Cond.  Rep.  660. 

Ohio.  The  recognisance  of  special  bail  being  a  part  of  the  proceedings  in  a  suit,  and  subject  to  the 
regulation  of  the  court,  the  nature,  extent,  and  limitations  of  the  responsibility  created  thereby,  are  to 
be  decided,  not  by  a  mere  examination  of  the  terms  of  the  instrument,  but  by  a  reference  to  the  known 
rules  of  the  court,  and  the  principles  of  law  applicable  thereto.  Whatever,  in  the  sense  of  these  rules 
and  principles,  will  constitute  a  discharge  of  the  liability  of  the  special  bail,  must  be  deemed  included 
within  the  purview  of  the  instrument,  as  much  as  if  it  were  expressly  stated.  Beers  et  al.  v.  Haughton, 
9  Peters,  329. 

By  the  rules  of  the  circuit  court  of  Ohio,  adopted  as  eariy  as  January,  1808,  the  liability  of  special 
bail  was  provided  for  and  limited;  and  it  was  declared,  that  special  bail  may  surrender  their  principal  at 
any  time  before  or  after  judgment  against  the  principal,  provided  such  surrender  shall  be  before  a  return 
of  a  scire  facias  executed,  or  a  second  scire  fscias  returned  «  nihil "  against  tlie  bail.  And  this,  in  fact, 
constituted  a  part  of  the  law  of  Ohio,  at  the  time  the  present  recognisance  was  civen ;  the  same  having 
been  so  enacted  by  the  legislature.  This  act  of  the  legislsture  of  Ohio,  vras  in  force  at  the  time  of  the 
passage  of  the  act  of  Congress  of  the  19th  of  May,  1828,  regulating  the  process  of  the  conrto  of  the 


TWELFTH  CONGRESS.    Sm.  I.  Ch.  25.    1813.  681 

and  80  many  discreet  peraons,  in  different  parts  of  the  district,  as  such  for  ukin|  bail 

court  shall  deem  necessary,  to  take  acknowledgments  of  bail  and  affida-  ^"^    affidaTiti, 

Tits;  which  acknowledgments  of  bail  and  affidavits  shall  have  the  like  f^g^e^  m^* 

force  and  effect  as  if  taken  before  any  judge  of  said  court;  and  any  per-  taken  to  have 

United  Sutai,  in  the  new  itetea;  and  mart  therefore  be  ddemed  aa  a  part  of  the  «  modes  of  proceed- 
ing in  aoiti,**  and  to  have  been  adopted  by  it :  so  that  the  surrender  of  the  principal  within  the  time 
thus  prescribed,  is  not  a  mere  matter  of  fiitoor  of  the  court,  but  is  strictly  a  matter  of  legal  right. 
Ihid. 

It  is  not  strictly  tnie,  that  on  the  retnm  of  "  non  est  inventus »  to  a  capias  ad  satisfaciendum  affainst 
the  princip4I,  the  bail  is  "  fixed,**  in  courts  acting  professedly  under  the  common  law,  and  independenUy 
of  statute.  So  much  are  the  proceedings  against  bail  deemed  a  matter  subject  to  the  regulation  and 
practice  of  the  court,  that  the  court  will  not  hesitate  to  relieve  them  in  a  summary  manner,  and  direct  an 
exoneretur  to  be  entered  in  cases  by  the  indulgence  of  the  court,  by  giving  them  time  to  render  the  prin- 
cipal until  the  appearance  day  of  the  last  scire  fkcias  against  them,  as  in  cases  of  strict  right.    Ihid, 

When  bail  is  entitled  to  be  discharged,  ex  debito  justitie,  they  may  not  only  ap^y  for  an  exoneretur 
by  way  of  summary  proceeding,  but  Uiey  may  plead  the  matter  as  a  bar  to  the  suit,  in  their  defence.  But 
when  the  discharge  is  matter  of  indulgence  only,  the  application  is  to  the  discretion  of  the  court;  and  an 
exoneretur  cannot  be  insisted  on,  except  by  way  of  motion.    Ibid. 

When  the  party  is,  by  the  practice  of  the  court,  entitled  to  an  exoneretur  without  a  positive  surrender 
of  the  principal,  according  to  the  terms  of  the  recognisance ;  he  is,  a  fortiori,  entitled  to  insist  on  it  by 
way  of  defence,  when  he  is  entitled,  ex  debito  justitie,  to  surrender  the  principal.    Ibid. 

The  doctrine  is  fully  esUblished,  that  where  the  principal  would  be  cleariy  entitled  to  an  immediate 
and  onconditiona]  discharge,  if  he  had  been  surrendered,  there  the  bail  are  entitled  to  relief  by  entering 
an  exoneretur  without  %nj  surrender.  And,  a  fortiori,  this  doctrine  will  apply,  when  the  law  prohibits 
the  party  from  being  imprisoned  at  all,  and  where  by  the  positive  operation  or  law  the  surrender  is  pre- 
vented.   Ibid. 

Where  the  defendants  in  a  judgment  are  not  liable  to  be  imprisoned,  having  been  released  under  the 
insolvent  laws  of  a  state,  the  specisl  bail  is  not  bound  to  surrender  them  in  his  discharge.  Beers  et  al.  v. 
Haughton,  1  M< Lean's  C.  C.  R.  231. 

To  an  sction  on  the  recognisance  of  bail,  he  may  plead  the  discharge  of  his  principal.    Ibid. 

To  hold  to  ball  under  the  statute  of  Illinois,  the  affidavit  must  sute  more  than  the  belief  of  the  sssent, 
or  the  legal  import  of  the  action  on  which  it  is  founded.    Wright  et  al.  o.  Cayswell,  1  McLean's  C.  C.  R. 

The  act  of  20th  February,  1839,  which  adopted  the  sUte  laws,  in  regard  to  imprisonment  of  debtors, 
took  immediate  effect,  as  well  in  suiu  pending,  as  in  other  cases.  Gray,  Sherwood  9t  Co.  o.  Monroe  et 
al.,  1  M<Lean*s  C.  C.  R.  628. 

The  law  relates  to  the  renftdy,  and  nnder  it,  when  appearance  bail  has  been  given,  the  defendant  may, 
on  motion,  be  discharged  on  common  bail.    Ibid. 

Baa  in  Admiralty,  and  in  Prize  Caicfct.— Where  the  court  of  admiralty  has  parted  with  the  possession 
of  the  property  upon  bail  or  stipulation,  and  it  is  necessary  for  the  purposes  of  justice  to  retake  the  pro- 
perty into  the  custody  of  the  court,  the  proper  process  against  any  person  not  a  party  to  the  stipulation, 
out  who  IS  alleged  to  have  the  actual  or  constructive  possession,  is  a  monition,  and  not  an  execution  in 
the  first  instance.    The  Grsn  Para,  10  Wheat.  497;  6  Cond.  Rep.  199. 

Wherever  a  stipulation  is  taken  in  an  admiralty  suit  for  property  subjected  to  legal  process  and  con- 
demnation, the  stipulation  is  deemed  a  mere  substitute  for  the  tning  itself;  and  the  stipulators  are  liable 
to  the  exercise  of  all  those  authorities  on  the  part  of  the  court,  which  it  could  properly  exercise  if  the 
thing  was  in  custody.    The  Palmyra,  12  Wheat  1 ;  6  Cond.  Rep.  397. 

Regularly  there  should  be  no  delivery  of  prise  property  on  bail,  until  after  a  hearing  of  the  cause,  and 
in  most  cases  a  sale  is  preferable  to  an  appraisement.    The  George,  2  Gallis.  C.  C.  R.  249. 

Proceedings  by  libel  were  instituted  upon  a  seisure  of  goods,  and  a  bond  given  for  their  appraised  value 
on  the  deliverv  of  the  goods  to  the  claimant.  Afterwards  the  libel  was  by  amendment  changed  to  an  in- 
formation, and  the  goods  were  condemned.  On  an  application  for  an  attachment  against  the  obligors  in 
the  bond,  it  wss  held  that  although  the  case  was  not  regularly  within  the  89th  section  of  the  collection  law, 
yet  a  compliance  with  the  stipulations  in  the  bond  might  be  enforced  by  attachment  against  the  obligors. 
United  States  V.  Four  Part  Pieces  of  Woollen  Cloth,  1  Paine,  436. 

And  the  court  held  that  it  made  no  difference  that  the  obligors  were  only  sureties,  and  had  not  themselves 
received  the  goods.    Ibid, 

ir  the  claimant  is  not  a  party  on  the  bond,  all  the  obligors  are  to  be  deemed  principals.    Ibid, 

The  bond  was  taken  in  the  district  court  of  New  York,  and  under  the  statute  dividing  the  district,  the 
proceedings  were  transferred  to  the  district  court  of  the  northern  district,  and  by  a  subsequent  statute  to 
this  court,  where  the  condemnation  took  place.  The  condition  of  the  bond  was  to  pav  the  appraised 
value  of  the  goods  into  the  district  court,  if  they  should  be  condemned  in  that  court.  Held,  that  a  con- 
demnation in  this  court  had  the  same  effect  to  forfeit  the  bond.    Ibid, 

In  prize  caupes,  before  a  hearing,  the  property  is  never  delivered  on  bail,  unless  by  consent.  If  it  is 
perishable,  the  proper  remedy  is  by  an  appraisement  and  sale;  and  in  like  manner  the  court  will  decree 
a  sale,  pending  the  proceedings,  for  any  other  justifiable  cause.  After  a  hearing,  the  property  may,  in 
the  discretion  of  the  court,  be  delivereo  on  bail.  In  cases  ordered  for  further  proof,  a  delivery  on  bail 
is  sometimes  allowed,  to  the  claimants ;  and  if  they  decline,  to  the  csptors.  But  it  is  a  proceeding  adopted 
with  extreme  caution,  as  it  opens  a  door  to  many  inconveniences,  and  sometimes  to  frauds.  In  no  case 
should  a  delivery  on  bail  take  place,  until  the  court  is  fully  satisfied  that  the  appraisement  is  perfectly 
fkir,  and  the  property  estimated  at  iu  full  value.    The  ship  Euphrates,  1  Gallis.  C.  C.  R.  461. 

Where,  on  the  hearing,  the  property  is  acquitted,  and  an  sppeal  is  interposed  to  a  tribunal  not  sitting 
within  the  same  Jurisdiction;  or  into  which  the  property  d(»e8  not  follow  the  cause,  (as  sn  appeal  to  the 
supreme  court  of^the  United  States,)  the  claimants  are  generally  allowed  a  delivery  of  the  property,  or  in 
a  case  of  sale  of  the  proceeds  on  bail.  Where  there  is  a  decree  of  condemnation,  the  same  rule  is  gene- 
nil?  adopted,  as  to  the  captors.  But  It  is  always  an  application  to  the  sound  discretion  of  the  court ;  and 
Vol.  n.— 86 


TWELFTH  CONGRESS.    Ssss.  I.  Ch.  26.    1812. 


the  Mme  effect 
M  if  uken  be. 
fore  any  judge 
of  taid  court. 

Feei  for  Uk- 
log  them. 


Discretionarj 
power  to  courta 
of  U.  Sutet,  in 
ease*  of  deposi- 
tions in  perpet- 
asm  rei  memo- 
riam. 

Statute  I. 

Feb.  21,  1812. 

[Obsolete.] 
Appropriation. 


son  swearing  falsely  in  and  by  any  such  affidavit,  shall  be  liable  to  the 
same  punishment  as  if  the  same  affidavit  had  been  made  or  taken  before 
a  judge  of  said  court. 

Src.  2.  And  be  it  further  enacted.  That  the  like  fees  shall  be  allowed 
for  taking  such  bail  and  affidavit  as  are  allowed  for  the  like  services  by 
the  laws  of  the  state,  in  which  any  such  affidavit  or  bail  shall  be  taken. 

Sec.  3.  And  be  it  further  enacted.  That  in  any  cause  before  a  court 
of  the  United  States,  it  shall  be  lawful  for  such  court,  in  its  discretion, 
to  admit  in  evidence  any  deposition  taken  in  perpetuam  rei  memoriam, 
which  would  be  so  admissible  in  a  court  of  the  state  wherein  such  cause 
is  pending  according  to  the  laws  thereof. 

Approved,  February  20,  1812. 


Specific    ap. 
propriations. 


Chap.  XXVI. — Jin  Jlet  making  appropriatiom  for  the  euppcrt  cf  the  Military 
Ettabliehmeni  of  the  United  State*,  for  the  year  one  thousand  eight  hundred  and 
twelve. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  for  defraying  the  expenses 
of  the  military  establishment  of  the  United  States  for  the  year  one  thou- 
sand eight  hundred  and  twelve,  for  the  Indian  department,  and  for  the 
expense  of  fortifications,  magazines,  arsenals  and  armories,  the  following 
sums,  including  the  sum  of  one  million  five  hundred  thousand  dollars 
already  appropriated  by  the  first  section  of  the  act,  entituled  **Au  act 
1812,  ch.  16.  authorizing  the  purchase  of  ordnance  and  ordnance  stores,  camp  equip- 
age and  other  quartermaster's  stores  and  small  arms,"  be,  and  the  same 
hereby  are  respectively  appropriated ;  that  is  to  say : 

For  the  pay  of  the  army  of  the  United  States,  eight  hundred  and 
sixty-nine  thousand  nine  hundred  and  sixty-eight  dollars. 

For  forage,  one  hundred  and  four  thousand  six  hundred  and  twenty 
four  dollars. 

For  subsistence,  six  hundred  and  eighty-five  thousand  five  hundred 
and  thirty-two  dollars  and  five  cents. 

For  clothing,  two  hundred  and  ninety-three  thousand  eight  hundred 
and  four  dollars. 

For  bounties  and  premiums,  seventy  thousand  dollars. 

If  there  be  danger  of  injustice,  the  court  will  withhold  it  from  either  party,  and  content  itself  with  retaining 
the  property,  or  with  ordering  a  sale  thereof,  and  a  deposit  of  the  proceeds  in  the  regisUy.    /Mrf.  452. 

If  a  bond,  taken  on  the  dellTerj  of  property  on  bail,  be  void,  as  not  conrorming  to  law,  the  court  will 
enforce  a  re-delivery  of  the  property  by  atUcbment.    The  Struggle,  1  Gallis.  C.  C.  R.  476. 

A  bond  volunurily  given  upon  the  delivery  of  property  on  bail,  on  application  of  the  claimant,  is  good  | 
although  the  condition  does  not  exactly  conform  to  the  act  of  Congress,  under  which  it  may  have  been 
intended  to  take  it.    Ildd. 

The  act  of  Congress  of  2d  March,  1799,  chap.  22,  is  not  understood  as  compulsory  on  the  court  ai  to 
the  delivery  on  bail.    It  still  rests  in  the  discretion  of  the  court.    Ibid,  477. 

The  district  courts  of  the  United  States  have  no  authority,  after  an  appeal,  to  bail  or  sell  property. 
The  Grotius,  1  Gallis.  C.  C.  R.  603. 

Whether  the  security  for  property,  delifered  on  bail,  be  by  bond  or  stipulation,  is  immaterial.  On  such 
security,  a  summary  judgment  may  be  entered  for  the  appraiaed  value,  and  for  the  costa.  The  Alligator, 
1  Gallis.  C.  C.  R.  145. 

The  district  court,  by  virtue  of  ita  general  admiralty  jurisdiction,  may  deliver  firoperty  on  bail ;  and 
the  form  in  which  the  security  is  taken  is  immaterial:  on  such  security  a  summary  judgment  may  be  ren- 
dered to  the  appraised  value.    The  Lively,  1  Gallis.  C.  C.  R.  315. 

It  is  the  duty  of  commissioners  to  whom  it  is  referred  to  estimate  damages,  to  make  their  report  ai 
specific  as  the  nature  of  the  thing  will  admit;  so  that  not  only  the  result,  but  the  detail  of  their  judgment 
siionld  appear.    Ihid. 

In  cases  of  restitution  with  damages,  in  prize  proceedings,  if  in  order  to  ascertain  the  damages,  an 
inspection  or  a  sale  of  the  cargo  be,  in  the  judgment  of  the  commissioner  or  the  parties,  necessary ;  ap- 
plication should  be  made  to  the  court  for  an  order  of  unlivery  and  appraisement,  or  for  a  sale,  as  the  case 
may  require.    Ibid, 

No  delivery  of  property  on  bail,  in  a  prize  cause,  can  bo  made  legally,  where  the  United  States  are 
parties,  without  due  notice  to  the  district  attorney.     Ei  parte  Robbins,  2  Gallis.  C.  C.  R.  320. 

If  the  carao  is  liable  to  deteriorate  or  perish,  or  the  ship  to  be  injured  by  the  delay  incident  to  the  sal- 
rage  proceedings,  the  proper  course  is  to  apply  to  the  court  for  a  sale  thereof.  It  is  not  a  matter  of  right 
of  either  party  to  have  a  deUvery  on  bail  in  such  cases.  The  Ship  Nathaniel  Hooper,  3  Sumner's  C.  C. 
R.642. 


TWELFTH  CONGRESS.    Sess.  I.  Cb.  27.    18152. 


For  the  medical  and  hospital  department,  fiflj  thousand  dollars. 

For  ordnance  and  ordnance  stores,  one  mdlion  one  hundred  and 
thirty-five  thousand  dollars. 

For  fortifications,  arsenals,  magazines  and  armories,  including  two 
thousand  dollars  for  such  a  number  of  additional  military  storekeepers 
as  may  be  required,  two  hundred  and  ninety-six  thousand  and  forty-uine 
dollars  and  seventy-five  cents. 

For  the  quartermaster  general's  department,  including  camp  equipage, 
fuel,  tools,  barracks,  quarters,  wagons  and  transportation,  seven  hundred 
and  thirty-five  thousand  dollars. 

For  the  purchase  of  horses  for  the  dragoons  and  light  artillery,  one 
hundred  and  fifty  thousand  dollars. 

For  contingencies,  fifty  thousand  dollars. 

For  purchasing  maps,  plans,  books  and  instruments,  two  thousand 
five  hundred  dollars. 

For  the  salary  of  the  clerks  employed  in  the  military  agent's  offices, 
and  in  the  office  of  the  inspector  of  the  army,  three  thousand  five  hun- 
dred dollars. 

For  the  Indian  department,  one  hundred  and  sixty-four  thousand  five 
hundred  dollars. 

For  expenses  of  calling  into  actual  service,  in  the  years  one  thousand 
eight  hundred  and  nine,  one  thousand  eight  hundred  and  ten,  and  one 
thousand  eight  hundred  and  eleven,  the  militia  of  the  Louisiana  and 
Indiana  territories,  and  state  of  Kentucky,  thirty-two  thousand  eight 
hundred  dollars. 

Sec.  2.  And  be  ii  fitrther  enacted,  That  the  several  sums  specifically 
appropriated  by  this  act,  shall  be  paid  out  of  any  monies  in  the  treasury 
not  otherwise  appropriated. 

Approved,  February  21,  1812. 


Specific  tp. 
propriauoBt. 


Statotk  !• 


1812,  ch.  14. 


Specific  ep« 
propriauoBt. 


Chap.  XX VIL— ^n  Ad  makitig  tworopriations  for  the  euppori  cf  an  additumal    Feb.  SI,  181S. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United  Approprittioiu 
States  of  America  in  Congress  assembled,  That  for  defraying  the  neces- 
sary expense,  to  the  first  day  of  January  next,  of  the  troops  to  be  raised 
by  virtue  of  an  act,  entituled  "An  act  to  raise  an  additional  military 
force,"  passed  on  the  eleventh  day  of  January,  one  thousand  eight  hun- 
dred and  twelve,  the  following  sums  be,  and  the  same  hereby  are  re- 
spectively appropriated,  that  is  to  say: 

For  pay,  one  million  four  hundred  and  six  thousand  eight  hundred 
and  fifty-one  dollars  and  ninety-five  cents. 

For  forage,  one  hundred  and  fifty-four  thousand  four  hundred  and 
thirty-five  dollars  and  thirty  cents. 

For  subsistence,  one  million  seventy-four  thousand  and  ninety-seven 
dollars  and  sixty-seven  cents. 

For  clothing,  eight  hundred  and  sixty-three  thousand  two  hundred 
and  forty-four  dollars. 

For  bounties  and  premiums,  four  hundred  and  forty-two  thousand  two 
hundred  and  sixty  dollars. 

For  the  purchase  of  horses  for  the  dragoons,  and  for  the  purchase  of 
horses  for  the  transportation  of  heavy  artillery,  ammunition  and  baggage, 
two  hundred  and  eighty-two  thousand  dollars. 

For  the  quartermaster  general's  department,  including  harness  and 
other  equipage,  quarters,  fuel,  tools  and  transportation,  four  hundred  and 
eight  thousand  seven  hundred  and  sixty  dollars. 

For  the  medical  and  hospital  department,  one  hundred  and  twent]^ 
five  thousand  doUan. 


6B4 


Spaeifie  ap. 


StatutsI. 
Feb.  21»  1812. 


Land  diatrict 
fonned. 


Laod-oiSeea 
in  lUinoia. 


March  3, 1791, 
ch.27. 

March  3,  1807, 
ch.46. 

Feb.  21,  1812, 
ch.  29. 

Feb.  27,  1815, 
ch.  63. 

March  18,1818, 
ch.  17. 

May  11,  1820, 
cb.  85. 

May  8,  1822, 
ch.  124. 
March  16, 1824, 
ch.  29. 

How  the  landt 
are  to  be  dia- 


Part  of  the 
landa  attached 
to  the  Vin- 
cennea  dUtrict, 
how  to  be  dia- 
poaed  or. 

Act  of  April 
30,  1810,  ch.  35. 


TWELFTH  CONGRESS.    Skss.  I.  Ch.  29,  SO.    1812. 

For  contingencies,  three  hundred  and  fifly-fi?e  thousand  nine  hundred 
fend  eleven  dollars  and  seventeen  cents. 

Sec.  2.  And  be  it  Jvriher  enacted^  That  the  several  sums  specifically 
appropriated  by  this  act,  shall  be  paid  out  of  any  monies  in  the  treasury 
not  otherwise  appropriated. 

Apfrovbd,  {*ebruary  21,  1812. 


Cbap.  XXIX.— ^n  Act  to  eUablUh  a  land  didriet  in  the  lUinoU  territory,  eaat  tf 
the  dietrid  cf  KaekoMkia^  and  to  aUaeh  certain  public  lande  to  the  &$tria  / 
J^erettnniue* 

Be  it  enacted  by  the  Senate  and  Htmse  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled^  That  so  much  of  the  public 
lands  of  the  United  States,  heretofore  included  within  the  land  district 
of  Kaskaskia,  as  lies  east  of  the  third  principal  meridian,  established  by 
the  surveyor  general,  shall,  together  with  the  public  lands  lying  between 
the  Vincennes  and  Kaskaskia  districts,  and  not  heretofore  attached  to 
any  district,  form  a  new  land  district.  For  the  disposal  of  the  said  lands, 
a  land-office  shall  be  established  at  Shawneetown,  under  the  direction  of 
the  register  of  the  land-office  and  receiver  of  public  monies,  to  be  ap- 
pointed for  that  purpose;  who  shall  reside  at  the  place,  give  security 
in  the  same  manner,  in  the  same  sums,  and  whose  compensation,  emolu- 
ments and  duties,  and  authority,  shall,  in  every  respect,  be  the  same  in 
relation  to  the  lands  which  shall  be  disposed  at  their  office,  as  are,  or 
may  be  by  law  provided  in  relation  to  the  registers  and  receivers  of 
public  monies  in  the  several  offices,  established  for  the  diqxMal  of  the 
lands  of  the  United  States,  northwest  of  the  river  Ohio. 

Sec.  2.  And  be  it  farther  enacted^  That  the  said  lands  shall  be  dis- 
posed of  in  the  same  manner,  and  on  the  same  terms  and  conditions  as 
are,  or  may  be  provided  by  law  for  the  sale  of  public  lands  in  the  dis- 
trict of  Kaskaskia :  Provided,  that  no  tracts  of  land,  excepted  from  the 
sales  by  virtue  of  any  former  act,  shall  be  sold  by  virtue  of  this  act: 
And  provided  also,  that  a  tract  of  not  less  than  six  mile  square  shall  be 
reserved  by  the  President  of  the  United  States  for  the  use  and  support 
of  the  public  salt  works  on  Saline  creek. 

Sec.  3.  And  be  it  further  enacted,  That  so  much  of  the  lands  at- 
tached to  the  district  of  Vincennes,  by  virtue  of  the  first  section  of  an 
act,  entituled  **  An  act  providing  for  the  sale  of  certain  lands  in  the  In- 
diana territory,  and  for  other  purposes,"  passed  on  the  thirtieth  day  of 
April,  one  thousand  eight  hundred  and  ten,  as  lies  east  of  the  second 
principal  meridian  established  by  the  surveyor  general,  shall  be  attached 
to,  and  become  a  part  of  the  district  of  Jeifersonville,  and  shall  be  offer- 
ed at  public  sale  at  the  land-office  for  the  said  district,  under  the  super- 
intendence of  the  register  and  receiver  of  public  monies  for  the  said 
land-office,  and  shall  be  sold  in  every  other  respect  in  the  same  manner, 
and  on  the  same  terms  and  conditions,  as  are  provided  by  the  above 
mentioned  act,  except  that  the  public  sales  for  the  said  lands  shall  re- 
main open  only  for  six  days. 

Approved,  February  21,  1812. 


Statutb  L 


Feb.  84, 1812.     Chap.   XXX.-%tfn  Jet  making  appropriatiom  for  the  support  tf  the  Nny  ^ 
the  United  States,  for  the  year  one  thousand  eight  hunXred  and  tweht. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  tf  America  in  Congress  assembUd,  That  for  defraying  the  ex- 
penses  of  the  navy,  during  the  year  one  thousand  eight  hundred  and 
twelve,  the  following  sums,  including  therein  the  sum  of  fonr  hundred 
thousand  dollars  already  appropriated  by  the  act,  entituled '<  An  act 


[ObMlete.] 
Appropriation 
for  tiie  eipeoMt 
of  the  navj. 


TWELFTH  CONGRESS.    Sbbs.  I.  Ch.  SI.    1818. 


flSS 


authorizing  the  purchase  of  ordnance  and  ordnance  stores,  camp  equip- 
age and  other  quartermaster's  stores  and  small  arms/'  be,  and  the  same 
hereby  are  respectively  appropriated,  that  is  to  say : 

For  the  pay  and  subsistence  of  the  officers,  and  pay  of  the  seamen, 
one  million  one  hundred  and  twenty-three  thousand  three  hundred  and 
forty-one  dollars. 

For  provisions,  five  hundred  and  fifty-nine  thousand  seven  hundred 
and  fifty-seven  dollars. 

For  medicines,  instruments,  hospital  stores,  an'd  all  expenses  on  ac- 
count of  the  sick,  forty  thousand  dollars. 

For  repairs  of  vessels,  three  hundred  and  fifteen  thousand  dollars. 

For  freight,  store  rent  and  all  other  contingent  expenses,  one  hundred 
and  fifteen  thousand  dollars. 

For  the  expenses  of  navy  yards,  comprising  docks  and  other  improve- 
ments, pay  of  superintendents,  storekeepers,  clerks  and  labourers,  sixty 
thousand  dollars. 

For  ordnance  and  ordnance  stores,  comprising  cannon,  carronades, 
muskets,  pistols  and  other  small  arms,  cannon  ball  and  shot  of  every 
description,  two  hundred  and  eighty  thousand  dollars. 

For  the  purchase  of  saltpetre  and  sulphur,  and  for  making  the  same 
into  powder,  one  hundred  and  eighty  thousand  dollars. 

For  pay  and  subsistence  of  the  marine  corps,  including  provisions  fi>r 
those  on  shore  and  forage  for  the  staiT,  one  hundred  and  fifty-four  thou- 
sand three  hundred  and  forty-six  dollars  and  eighty  cents. 

For  clothing  for  the  same,  forty-nine  thousand  two  hundred  and 
eighty-one  dollars  and  sixty  cents. 

For  military  stores  for  the  same,  one  thousand  seven  hundred  and 
seventy-seven  dollars  and  fifty  cents. 

For  medicines,  medical  services,  hospital  stores,  and  all  other  expenses 
on  account  of  the  sick,  belonging  to  the  marine  corps,  three  thousand 
five  hundred  dollars. 

For  quartermasters  and  barrack-masters'  stores,  officers'  travelling 
expenses,  armorers  and  carpenters'  bills,  fuel,  premiums  for  enlisting 
men,  musical  instruments,  bounty  to  music  and  other  contingent  ex- 
penses of  the  marine  corps,  twenty  thousand  dollars. 

For  theirelief  of  the  legal  representatives  of  David  Valenzin,  deceased, 
being  the  amount  of  a  former  appropriation  for  that  object,  carried  to 
the  surplus  fund,  two  thousand  six  hundred  and  sixty-five  dollars  and 
seventy  cents. 

Sec.  2.  And  be  it  Jurther  enacted^  That  the  several  sums,  specifically 
appropriated  by  this  act,  shall  be  paid  out  of  any  monies  in  the  treasury, 
not  otherwise  appropriated. 

Approvbd,  February  24,  1812. 


Speeifte   ap- 
propriationt. 
1812,  cb.  16. 


Chap.  XXXI. — Jn  Jici  tupplementary  to  **Jn  act  to  raiae^  for  a  limited  time^ 
an  additional  miUtary  foree^^^  pauedon  the  twelfth  day  tfJ^pril^  one  thouaand 
eight  hundred  and  eight. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled^  That  whenever,  in  the  opinion 
of  the  President  of  the  United  States,  it  is  expedient  to  mount  the  light 
artillery,  or  any  part  thereof,  horses  and  accoutrements  shall  be  provided 
to  equip  the  whole  or  such  part  as  he  may  direct;  and  when  the  non- 
commissioned officers,  musicians,  artificers  and  privates  are  so  equipped, 
the  officers  shall  be  entitled  to  the  same  forage,  as  is  now  provided  for 
the  officers  of  the  same  grade  in  the  regiment  of  light  dragoons :  Pro- 
vided^ the  officers  furnish  their  own  horses  and  accoutrements,  and 
actually  keep  in  service  the  same  number  of  horses  to  entitle  them  to 
the  aforesaid  allowance  for  forage  or  its  equivalent  in  money. 

3  M 


Statute  I. 

Feb.  S4, 1812. 

[Obtolete.] 
Act  of  April 
13, 1808,  ch.  43. 
Act  of  March 
3, 1815,  ch.  78. 
Officers  of  light 
artillerY  to   re- 
ceive toe  same, 
when  moanied, 
as  light  dra- 
goona. 

Proviio. 


686 


TWELFTH  CONGRESS.    Sem.  I.  Cb.  33.    1813. 


Saddler  and 
farrier  to  be  pro- 
Tided  for  each 
company  of  ar- 
tillery, when 
mounted. 


Statutx  I. 

Feb.  86, 1812. 

[ObM>lete.] 


Specific   ap- 
propriation!. 


1806,  ch.  41. 


Sec.  2.  And  be  it  further  enacted^  That  whenever  the  said  light  artil- 
lery are  ordered  to  be  mounted,  there  shall  be  provided  one  saddler  and 
one  farrier  to  each  company,  who  shall  be  entitled  to  the  same  pay  and 
emoluments  as  are  now  provided  for  saddlers  and  farriers  in  the  regi- 
ment of  light  dragoons. 

Approved,  February  24, 1812. 


1806,  eb.  41. 


Chap.  XXXIII.— g^n  Act  making  apprcpnationa  for  the  9uppori  of  Govemm$ni 
for  the  year  one  thmuand  eight  hundred  and  twelve. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  Vmted 
States  of  America  in  Congress  assembled,  That  for  the  expenditure  of 
the  civil  list  in  the  present  year,  including  the  contingent  expenses  of 
the  several  departments  and  offices;  for  the  compensation  of  the  several 
loan  officers  and  their  clerks,  and  for  books  and  stationery  for  the  same ; 
for  the  payment  of  annuities  and  grants ;  for  the  support  of  the  mint 
establishment ;  for  the  expense  of  intercourse  with  foreign  nations ;  for 
the  support  of  lighthouses,  beacons,  buoys  and  public  piers ;  for  defray- 
ing the  expenses  of  surveying  the  public  lands ;  and  for  satisfying  cer- 
tain miscellaneous  claims,  the  following  sums  be,  and  the  same  are 
hereby  respectively  appropriated,  that  is  to  say : 

For  compensation  granted  by  law  to  the  members  of  the  Senate  and 
House  of  Representatives,  their  officers  and  attendants,  estimated  for  a 
session  of  four  months  and  a  half  continuance,  two  hundred  and  one 
thousand  four  hundred  and  twenty-five  dollars. 

For  the  expense  of  firewood,  stationery,  printing  and  all  other  contin- 
gent expenses  of  the  two  houses  of  Congress,  fifty  thousand  dollars. 

For  all  contingent  expenses  of  the  library  of  Congress,  and  fcN*  the 
librarian's  allowance  for  the  year  one  thousand  eight  hundred  and  twelve, 
eight  hundred  dollars. 

For  compensation  to  the  President  and  Vice  President  of  the  United 
States,  thirty  thousand  dollars. 

For  compensation  to  the  Secretary  of  State,  clerks  and  persons  em- 
ployed in  that  department,  including  the  sum  of  one  thousand  four  hun- 
dred and  seventy-eight  dollars,  in  addition  to  the  sum  allowed  for  the 
compensation  of  his  clerks  by  the  act  of  the  twenty-first  of  April,  one 
thousand  eight  hundred  and  six,  twelve  thousand  nine  hundred  and  thir- 
teen dollars. 

For  compensation  to  a  clerk  on  old  records  in  the  said  department, 
for  the  year  eighteen  hundred  and  eleven,  and  the  year  eighteen  hun- 
dred and  twelve,  fifteen  hundred  and  seventy-four  dollars. 

For  additional  compensation  to  the  clerks  in  the  said  department,  not 
exceeding  fifteen  per  centum,  in  addition  to  the  sum  allowed  by  the  act, 
entituled  ''An  act  to  regulate  and  fix  the  compensation  of  clerks,  and  to 
authorize  the  laying  out  certain  public  roads,  and  for  other  purposes," 
one  thousand  seventy-two  dollars  and  fifty  cents. 

For  the  incidental  and  contingent  expenses  of  the  said  department, 
one  thousand  three  hundred  and  fifty  dollars. 

For  printing  and  distributing  the  laws  of  the  first  session  of  the 
twelfth  Congress,  and  printing  the  laws  in  newspapers,  five  thousand 
five  hundred  dollars. 

For  printing  and  binding  five  hundred  copies  of  the  census  of 
one  thousand  eight  hundred  and  ten,  four  thousand  six  hundred  dol- 
lars. 

For  compensation  to  the  Secretary  of  the  Treasury,  clerks  and  per- 
sons employed  in  his  office,  including  the  sum  of  one  thousand  seven 
hundred  and  fifty  dollars  for  clerk  hire,  in  addition  to  the  sum  allowed 
by  the  act  of  the  twenty-first  of  April,  one  thousand  eight  hundred  and 


TWELFTH  CONGRESS.    Sess.  I.  Ch.  33.    1812.  687 

six,  and  the  farther  sum  of  seven  hundred  and  fifty  dollars  to  make  good      Specifle    •p* 
a  deficiency  in  the  appropriation  of  the  year  one  thousand  eight  hundred  propriatioiii. 
and  eleven,  seventeen  thousand  and  seventy-four  dollars  and  eighty-one 
cents. 

For  expense  of  translating  foreign  languages,  allowance  to  the  person 
employed  in  transmitting  passports  and  sea  letters,  and  for  stationery 
and  printing  in  the  office  of  the  Secretary  of  the  Treasury,  one  thousand 
dollars. 

For  compensation  to  the  comptroller  of  the  treasury,  clerks  and  per-  isos^  eh.  41. 
sons  employed  in  his  office,  including  the  sum  of  one  thousand  six  hun- 
dred and  thirty-nine  dollars,  for  compensation  to  his  clerks,  in  addition 
to  the  sum  allowed  by  the  act  of  the  twenty-first  of  April,  one  thousand 
eight  hundred  and  six,  thirteen  thousand  nine  hundred  and  seventy-eight 
dollars  and  fifty  cents. 

For  expense  of  stationery,  printing  and  incidental  and  contingent 
expenses  of  the  comptroller's  office,  five  hundred  dollars. 

For  compensation  to  the  auditor  of  the  treasury,  clerks  and  persons 
employed  in  his  office,  eleven  thousand  seven  hundred  and  seventy-one 
dollars. 

For  expense  of  stationery,  printing  and  incidental  and  contingent 
expenses  of  the  auditor's  office,  five  hundred  dollars. 

For  compensation  to  the  treasurer,  clerks  and  persons  employed  in 
his  office,  five  thousand  seven  hundred  and  seventy-seven  dollars  and 
forty-five  cents. 

For  expense  of  stationery,  printing  and  incidental  and  contingent 
expenses  in  the  treasurer's  office,  three  hundred  dollars. 

For  compensation  to  the  register  of  the  treasury,  clerks  and  persons 
employed  in  his  office,  fifteen  thousand  seven  hundred  and  fifty-two  dol- 
lars and  two  cents. 

For  additional  compensation  to  the  clerks  in  the  treasury  department,      1806,  ch.  41. 
not  exceeding  fifteen  per  centum,  in  addition  to  the  sum  allowed  by  the 
act,  entituled  "  An  act  to  regulate  and  fix  the  compensation  of  clerks, 
and  to  authorize  the  laying  out  certain  public  roads,  and  for  other  pur- 
poses," six  thousand  six  hundred  and  thirty-four  dollars  and  seven  cents. 

For  compensation  to  the  messenger  of  the  register's  office,  for  stamp- 
ing and  arranging  ship's  registers,  ninety  dollars. 

For  expense  of  stationery,  printing  and  all  other  incidental  and  con- 
tingent expenses  in  t4ie  register's  office,  including  books  for  the  public 
stocks,  and  for  the  arrangement  of  the  marine  records,  two  thousand 
eight  hundred  dollars. 

For  fuel  and  other  contingent  and  incidental  expenses  of  the  treasury 
department,  four  thousand  dollars. 

For  (he  purchase  of  books,  maps  and  charts  for  the  use  of  the  trea- 
sury department,  four  hundred  dollars. 

For  compensation  to  a  superintendent,  employed  to  secure  the  build- 
ings and  records  of  the  treasury  department,  during  the  year  one  thou- 
sand eight  hundred  and  twelve,  including  the  expense  of  two  watchmen, 
the  repairs  of  two  fire  engines,  buckets,  lanterns  and  other  incidental 
and  contingent  expenses,  one  thousand  one  hundred  dollars. 

For  defraying  the  expense  of  stating  and  printing  the  public  accounts 
for  the  year  one  thousand  eight  hundred  and  twdve,  twelve  hundred 
dollars. 

For  compensation  to  the  secretary  of  the  commissioners  of  the  sinking 
fund,  two  hundred  and  fifty  dollars. 

For  compensation  to  the  Secretary  of  War,  clerks  and  persons  em-       isos,  ch.  4i. 
ployed  in  his  office,  including  the  sum  of  one  thousand  two  hundred 
dollars  for.  clerk  hire,  in  addition  to  the  sum  allowed  by  the  act  of  April 
twenty-first,  one  thousand  eight  hundred  and  six,  eleven  thousand  three 
hundred  and  twenty-five  dollars. 


ess  TWELFTH  CONGRESS.    Siss.  I.  Cb.  38.    1S12. 

Spadfle  ap-  For  eipense  of  fuel,  stationery,  printing  and  other  contingent  eipeoaBB 
propriatkmi.       In  the  office  of  the  Secretary  of  War,  one  thousand  dollars. 

For  compensation  to  the  accountant  of  the  war  department,  clerks 
and  persons  employed  in  his  office,  including  the  sum  of  two  thoosand 
1808,  eb.  41.  dollars  for  clerk  hire  in  addition  to  the  sum  allowed  hy  the  act  of  the 
twenty-first  of  April,  one  thousand  eight  hundred  and  six,  twelve  thou- 
sand six  hundred  and  ten  dollars. 

For  additional  compensation  to  the  clerks  in  the  war  department,  not 

exceeding  fifteen  per  centum,  in  addition  to  the  sum  allowed  by  the  act, 

1808,  eh.  41.     entituled  "  An  act  to  regulate  and  fix  the  compensation  of  clerks,  and  to 

authorize  the  laying  out  certain  public  roads,  and  for  other  purposes," 

two  thousand  two  hundred  and  twenty-six  dollars. 

For  contingent  expenses  in  the  office  of  the  accountant  of  the  war 
department,  one  thousand  dollars. 

For  compensation  to  the  clerks  employed  in  the  paymaster's  office, 
including  the  sum  of  three  hundred  and  twelve  dollars  for  deficiency  in 
the  appropriation  of  the  year  one  thousand  eight  hundred  and  eleven, 
and  a  further  sum  of  one  thousand  two  hundred  dollars  in  addition  to 
the  sum  heretofore  appropriated  for  that  object,  four  thousand  nine  hun- 
dred and  twelve  dollars. 

For  contingent  expenses  in  the  said  office,  two  hundred  dollars. 

For  compensation  to  the  purveyor  of  public  supplies,  clerks  and  per- 
sons employed  in  his  office,  and  for  expense  of  stationery,  store  rent  and 
1808,  oh.  41.  fuel  for  said  office,  including  the  sum  of  five  hundred  dollars  for  com- 
pensation to  clerks  in  addition  to  the  sum  allowed  by  the  act  of  the 
twenty-first  of  April,  one  thousand  eight  hundred  and  six,  five  thousand 
one  hundred  dollars. 

For  compensation  to  the  Secretary  of  the  Navy,  clerks  and  persons 
employed  in  his  office,  eight  thousand  six  hundred  and  eighty-five  dol- 
lars. 

For  expenses  of  stationery,  fuel,  printing  and  other  contingent  ex- 
penses in  the  said  office,  two  thousand  dollars. 

For  compensation  to  the  accountant  of  the  navy,  clerks  and  persons 
employed  in  bis  office,  ten  thousand  one  hundred  and  ten  dollars. 

For  contingent  expenses  in  the  office  of  the  accountant  of  the  navy, 
one  thousand  dollars. 

For  additional  compensation  to  the  clerks  in  the  navy  department, 

not  exceeding  fifteen  per  centum,  in  addition  to  the  sum  allowed  by  the 

1808,  oh.  41.     act,  entituled  "  An  act  to  regulate  and  fix  the  compensation  of  clerks, 

and  to  authorize  the  laying  out  certain  public  roads,  and  for  other 

purposes,"  one  thousand  nine  hundred  and  thirty-five  dollars. 

For  compensation  to  the  Postmaster-General,  assistant  Postmaster- 
General,  clerks  and  persons  employed  in  the  Postmaster-General's  office, 
including  the  sum  or  two  thousand  seven  hundred  and  forty-five  dollars 
for  compensation  to  clerks  in  addition  to  the  sum  allowed  by  the  act  of 
1808,  oh.  41.  the  twenty-first  of  April,  one  thousand  eight  hundred  and  six,  seventeen 
thousand  nine  hundred  and  seventy-five  dollars. 

For  the  expense  of  fuel,  house  rent  for  the  messenger,  candles,  sta- 
tionery, chests,  d&c.  incident  to  the  Postmaster-General's  office,  two 
thousand  five  hundred  dollars. 

For  additional  compensation  to  the  clerks  employed  in  the  Postmaster- 
General's  office,  not  exceeding  fifteen  per  centum,  in  addition  to  the  sum 
allowed  by  the  act,  entituled  *'  An  act  to  regulate  and  fix  the  compen- 
sation of  clerks,  and  to  authorize  the  laying  out  certain  public  roads, 
and  for  other  purposes,"  one  thousand  four  hundred  and  one  dollars  and 
seventy-five  cents. 

For  compensation  to  the  several  loan  officers,  thirteen  thousand  two 
1808,  oh.  41.     hundred  and  fifty  dollars. 

For  compensation  to  the  clerks  of  the  commissioners  of  loans,  and  for 


TWEI4FTH  GONORESS.    Sn».  1.  Ch.  33.    ISld.  6W 

aUowance  to  certain  loan  officers,  in  lieu  of  clerk  hire,  and  to  defray      Speeifle  ap. 
the  authorized  expense  of  the  several  loan  offices,  fifteen  thousand  dot*  proprUtioBi. 
lars. 

For  compensation  to  the  survejoi^eneral  and  his  clerks,  three  thoa> 
sand  two  hundred  dollars. 

For  compensation  to  the  surveyor  of  the  lands  south  of  Tennessee, 
clerks  employed  in  his  office,  and  for  stationery  and  other  contingencies, 
including  the  sum  of  fifteen  hundred  dollars  for  clerk  hire  in  uldition 
to  the  sums  heretofore  appropriated  for  that  object,  four  thousand  seven 
hundred  doU^ura. 

For  compensation  to  the  officers  of  the  mint,  viz: 

The  director,  two  thousand  dollars. 

The  treasurer,  one  thousand  two  hundred  dollars. 

The  assayer,  one  thousand  five  hundred  dollars. 

The  chief  coiner,  one  thousand  five  hundred  dollar^. 

The  melier  and  refiner,  one  thousand  five  hundred  dollars. 

The  engraver,  one  thousand  two  hundred  dollars. 

One  clerk  at  seven  hundred  dollars ;  and  one  clerk  at  five  hundred 
dollars. 

For  wages  to  the  persons  employed  in  melting,  coining,  carpen- 
ters, millwrights,  and  smiths'  work,  including  the  sum  of  one  thousand 
dollars  allowed  to  an  assistant  coiner  and  die  forger,  who  also  oversees 
the  execution  of  the  iron  work,  and  of  six  hundred  dollars  aUowed  to  an 
assistant  engraver,  eight  thousand  five  hundred  dollars. 

For  repairs  of  furnaces,  cost  of  rollers  and  screws,  timber,  bar  iron, 
lead,  steel,  potash,  and  for  all  other  contingencies  of  the  mint,  three  thou- 
sand three  hundred  and  fifty  dollars. 

For  an  allowance  for  wastage  in  the  gold  and  silver  coinage,  three 
thousand  dollars. 

For  compensation  to  the  governor,  judges  and  secretary  of  the  terri- 
tory of  Orleans,  thirteen  thousand  dollars. 

For  clerk  hire,  expense  of  stationery,  and  other  contingent  expenses 
of  said  territory,  one  thousand  eight  hundred  and  fifty  dollars. 

For  compensation  to  the  governor,  judges  and  secretary  of  the  Missis* 
sippi  territory,  including  the  sum  of  six  hundred  dollars  for  derk  hire 
in  the  year  one  thousand  eight  hundred  and  eleven,  nine  thousand  six 
hundr^  dollars. 

For  expense  of  stationery,  office  rent  and  other  contingent  expenses 
of  said  territory,  three  hundred  and  fifty  dollars. 

For  compensation  to  the  governor,  judges  and  secretary  of  the  Indiana 
territory,  six  thousand  six  hundred  dollars. 

For  expense  of  stationery,  office  rent,  and  other  contingent  expenses 
of  said  territory,  three  hunchred  and  fifty  dollars. 

For  compensation  to  the  governor,  judges  and  secretary  of  the 
Michigan  territory,  six  thousand  six  hundred  dollars. 

For  expense  of  stationery,  office  rent,  and  other  contingent  expenses 
of  said  territory,  three  hundred  and  fifty  dollars. 

For  compensation  to  the  ^rovemor,  judges  and  secretary  of  the  Louisi- 
ana territory,  six  thousand  six  hundred  dollars. 

For  expense  of  stationery,  office  rent,  and  other  contingent  expenses 
of  said  territory,  three  hundred  and  fifty  dollars. 

For  compensation  to  the  governor,  judges  and  secretary  of  the  Illinois 
territory,  six  thousand  six  hundred  dollars. 

For  expense  of  stationery,  office  rent,  and  other  contingent  expenses 
of  said  territory,  three  hundred  and  fifty  dollars. 

For  the  discharge  of  such  demands  against  the  United  States,  on  ac- 
count of  the  civil  department,  not  otherwise  provided  for,  as  shall  have 
been  admitted  in  due  course  of  settlement  at  the  treasury,  two  thousand 
dollars. 

Vol.  n.— 87  3  m  3 


eeS  TWELFTH  CONGRESS.    Sub.  I.  Ch.  33.    1812. 

Speeifio  ap-  For  ezpenoe  of  fuel,  stationer  j,  printing  and  other  contingent  expenses 
propriationi.       in  the  office  of  the  Secretary  of  War,  one  thoasand  dollars. 

For  compensation  to  the  accountant  of  the  war  department,  clerks 
and  persons  employed  in  his  office,  including  the  sum  of  two  thousand 
1806,  eb.  41.  dollars  for  clerk  hire  in  addition  to  the  sum  allowed  by  the  act  of  the 
twenty-first  of  April,  one  thousand  eight  hundred  and  six,  tweke  thoa- 
sand six  hundred  and  ten  dollars. 

For  additional  compensation  to  the  clerks  in  the  war  department,  not 

exceeding  fifteen  per  centum,  in  addition  to  the  sum  allowed  bj  the  act, 

1806,  eh.  41.     entituled  '*  An  act  to  regulate  and  fix  the  compensation  of  clerks,  and  to 

authorize  the  laying  out  certain  public  roads,  and  for  other  purposes," 

two  thousand  two  hundred  and  twenty-six  dollars. 

For  contingent  expenses  in  the  office  of  the  accountant  of  the  war 
department,  one  thousand  dollars. 

For  compensation  to  the  clerks  employed  in  the  paymaster's  office, 
including  the  sum  of  three  hundred  and  twelve  dollars  for  deficiency  in 
the  appropriation  of  the  year  one  thousand  eight  hundred  and  eleven, 
and  a  further  sum  of  one  thoasand  two  hundred  dollars  in  addition  to 
the  sum  heretofore  appropriated  for  tliat  object,  four  thousand  nine  hun- 
dred and  twelve  dollars. 

For  contingent  expenses  in  the  said  office,  two  hundred  dollars. 

For  compensation  to  the  purveyor  of  public  supplies,  clerks  and  per- 
sons employed  in  his  office,  and  for  expense  of  stationery,  store  rent  and 
1806,  eh.  41.  fyel  for  said  office,  including  the  sum  of  five  hundred  dollars  for  com- 
pensation to  clerks  in  addition  to  the  sum  allowed  by  the  act  of  the 
twenty-first  of  April,  one  thousand  eight  hundred  and  six,  five  thousand 
one  hundred  dollars. 

For  compensation  to  the  Secretary  of  the  Navy,  clerks  and  persons 
employed  in  his  office,  eight  thousand  six  hundred  and  eighty-five  dol- 
lars. 

For  expenses  of  stationery,  fuel,  printing  and  other  contingent  ex- 
penses in  the  said  office,  two  thousand  dollars. 

For  compensation  to  the  accountant  of  the  navy,  clerks  and  persons 
employed  in  his  office,  ten  thousand  one  hundred  and  ten  dollars. 

For  contingent  expenses  in  the  office  of  the  accountant  of  the  navy, 
one  thousand  dollars. 

For  additional  compensation  to  the  clerks  in  the  navy  department, 

not  exceeding  fifleen  per  centum,  in  addition  to  the  sum  allowed  by  the 

1806,  eh.  41.      act,  entituled  "  An  act  to  regulate  and  fix  the  compensation  of  clerks, 

and  to  authorize  the  laying  out  certain  public  roads,  and  for  other 

purposes,"  one  thousand  nine  hundred  and  thirty-five  dollars. 

For  compensation  to  the  Postmaster-General,  assistant  Postmaster- 
General,  clerks  and  persons  employed  in  the  Postmaster-General's  office, 
including  the  sum  of  two  thousand  seven  hundred  and  forty-five  dollars 
for  compensation  to  clerks  in  addition  to  the  sum  allowed  by  the  act  of 
1806,  ch.  41.  the  twenty-first  of  April,  one  thousand  eight  hundred  and  six,  seventeen 
thousand  nine  hundred  and  seventy-five  dollars. 

For  the  expense  of  fuel,  house  rent  for  the  messenger,  candles,  sta- 
tionery, chests,  d&c.  incident  to  the  Postmaster-General's  office,  two 
thousand  five  hundred  dollars. 

For  additional  compensation  to  the  clerks  employed  in  the  Postmaster- 
General's  office,  not  exceeding  fifleen  per  centum,  in  addition  to  the  sum 
allowed  by  the  act,  entituled  *'  An  act  to  regulate  and  fix  the  compen- 
sation of  clerks,  and  to  authorize  the  laying  out  certain  public  roads, 
and  for  other  purposes,"  one  thousand  four  hundred  and  one  dollars  and 
seventy-five  cents. 

For  compensation  to  the  several  loan  officers,  thirteen  thousand  two 
1806,  ch.  41.     hundred  and  fifly  dollars. 

For  compensation  to  the  clerks  of  the  commissioners  of  loans,  aad  lor 


TWEI4FTH  GONORESS.    Sn».  1.  Ch.  33.    ISld.  6W 

allowanoe  to  certain  loan  officers,  in  lieu  of  clerk  hire,  and  to  defray      Spedfie  ap. 
tibe  authorized  expense  of  tbe  several  loan  offices,  fifteen  thousand  dol-  proprUtioBi. 
lars. 

For  compensation  to  the  surveyor-general  and  his  clerks,  three  thoa> 
sand  two  hundred  dollars. 

For  compensation  to  the  surveyor  of  the  lands  south  of  Tennessee, 
clerks  employed  in  his  office,  and  for  stationery  and  other  contingencies, 
including  the  sum  of  fifteen  hundred  dollars  for  clerk  hire  in  uldition 
to  the  sums  heretofore  appropriated  for  that  object,  four  thousand  seven 
hundred  doUpura. 

For  compensation  to  the  officers  of  the  mint,  viz: 

The  director,  two  thousand  dollars. 

The  treasurer,  one  thousand  two  hundred  dollars. 

The  aasayer,  one  thousand  five  hundred  dollars. 

The  chief  coiner,  one  thousand  five  hundred  dollar^. 

The  melier  and  refiner,  one  thousand  five  hundred  dollars. 

The  engraver,  one  thousand  two  hundred  dollars. 

One  clerk  at  seven  hundred  dollars;  and  one  clerk  at  five  hundred 
dollars. 

For  wages  to  the  persons  employed  in  melting,  coining,  carpen- 
ters, millwrights,  and  smiths'  work,  including  the  sum  of  one  thousand 
dollars  allowed  to  an  assistant  coiner  and  die  forger,  who  also  oversees 
the  execution  of  the  iron  work,  and  of  six  hundred  dollars  allowed  to  an 
assistant  enf^raver,  eight  thousand  five  hundred  dollars. 

For  repairs  of  fiirnaces,  cost  of  rollers  and  screws,  timber,  bar  iron, 
lead,  steel,  potash,  and  for  all  other  contingencies  of  the  mint,  three  thou- 
sand three  hundred  and  fifty  dollars. 

For  an  allowance  for  wastage  in  the  gold  and  silver  coinage,  three 
thousand  dollars. 

For  compensation  to  the  governor,  judges  and  secretary  of  the  terri- 
tory of  Orleans,  thirteen  Uiousand  dollars. 

For  clerk  hire,  expense  of  stationery,  and  other  contingent  expenses 
of  said  territory,  one  thousand  eight  hundred  and  fifty  dollars. 

For  compensation  to  the  governor,  judges  and  secretary  of  the  Missis* 
sippi  territory,  including  the  sum  of  six  hundred  dollars  for  clerk  hire 
in  the  year  one  thousand  eight  hundred  and  eleven,  nine  thousand  six 
hundred  dollars. 

For  expense  of  stationery,  office  rent  and  other  contingent  expenses 
of  said  territory,  three  hundred  and  fifty  dollars. 

For  compensation  to  the  governor,  judges  and  secretary  of  the  Indiana 
territory,  six  thousand  six  hundred  dollars. 

For  expense  of  stationery,  office  rent,  and  other  contingent  expenses 
of  said  territory,  three  hundred  and  fifty  dollars. 

For  compensation  to  the  governor,  judges  and  secretary  of  the 
Michigan  territory,  six  thousand  six  hundred  dollars. 

For  expense  of  stationery,  office  rent,  and  other  contingent  expenses 
of  said  territory,  three  hundred  and  fifty  dollars. 

For  compensation  to  the  ^vemor,  judges  and  secretary  of  the  Louisi- 
ana territory,  six  thousand  six  hundred  dollars. 

For  expense  of  stationery,  office  rent,  and  other  contingent  expenses 
of  said  territory,  three  hundred  and  fifty  dollars. 

For  compensation  to  the  governor,  judges  and  secretary  of  the  Illinois 
territory,  six  thousand  six  hundred  dollars. 

For  expense  of  stationery,  office  rent,  and  other  contingent  expenses 
of  said  territorv,  three  hundred  and  fifty  dollars. 

For  the  discnarge  of  such  demands  against  the  United  States,  on  ac- 
count of  the  civil  department,  not  otherwise  provided  for,  as  shall  have 
been  admitted  in  due  course  of  settlement  at  the  treasury,  two  thousand 
dollars. 

Vol.  n.— 87  3  m  3 


690  TWELFTH  CONGRESS.    Sess.  I.  Ch.  33.    1612. 

Specific  1^-  For  compensation  granted  by  law  to  the  chief  justice^  the  associate 
propiiationi.  judges  and  district  judges  of  the  United  States,  including  the  chief  jus- 
tice and  two  associate  judges  for  the  district  of  Columbia ;  to  the  attor- 
ney-general, and  to  the  district  judge  of  the  territory  of  Orleans,  including 
the  sum  of  one  thousand  dollars  for  the  payment  of  the  additional  sala- 
1811,  cb.  40.  ries  for  the  year  one  thousand  eight  hundred  and  eleven,  allowed  to  the 
judges  of  the  district  of  Columbia,  by  the  act  of  the  third  of  March, 
one  thousand  eight  hundred  and  eleven,  sixty  thousand  nine  hundred 
and  fifty  dollars. 

For  the  like  compensation  granted  to  the  several  district  attornies  of 
the  United  States,  three  thousand  four  hundred  dollars. 

For  compensation  granted  to  the  several  marshals  for  the  districts  of 
Maine,  New  Hampshire,  Vermont,  New  Jersey,  North  Carolina,  Ken- 
tucky, Ohio,  East  and  West  Tennessee  and  Orleans,  two  thousand  two 
hundred  dollars. 

For  defraying  the  expenses  of  the  supreme,  circuit  and  district  courts 
of  the  United  States,  including  the  district  of  Columbia,  and  of  jurors 
and  witnesses,  in  aid  of  the  funds  arising  from  fines,  forfeitures  and 
penalties,  and  for  defraying  the  expenses  of  prosecutions  for  oflTences 
against  the  United  States,  and  for  the  safe  keeping  of  prisoners,  forty 
thousand  dollars. 

For  the  payment  of  a  balance  due  for  the  salary  of  Robert  H.  Har- 
rison, deceased,  formerly  a  judge  of  the  supreme  court  of  the  United 
States,  the  same  having  heretofore  been  carried  to  the  surplus  fund,  five 
hundred  and  fifty-six  dollars  and  sixteen  cents. 

For  the  payment  of  sundry  pensions  granted  by  the  late  and  present 
government,  nine  hundred  and  sixty  dollars. 

For  the  payment  of  the  annual  allowance  to  the  invalid  pensioners 
of  the  United  States,  from  the  fiflh  of  March  one  thousand  eight  hun- 
dred and  twelve,  to  the  fourth  of  March  one  thousand  eight  hundred 
and  thirteen,  ninety-eight  thousand  dollars. 

For  the  maintenance  and  support  of  lighthouses,  beacons,  buoys  and 
public  piers,  stakeages  of  channels,  bars  and  shoals,  and  certain  contin- 
gent expenses,  ninety-three  thousand  one  hundred  dollars  and  sixty-seven 
cents. 

For  defraying  the  expense  of  surveying  the  public  land  within  the 
several  territories  of  the  United  States,  forty-eight  thousand  six  hundred 
and  twenty  dollars. 

For  surveying  the  coast  of  the  United  States,  being  the  balance  of  a 
former  appropriation  carried  to  the  credit  of  the  surplus  fund,  forty-nine 
thousand  two  hundred  and  eighty-four  dollars  and  twenty-five  cents. 

For  expenses  of  intercourse  with  foreign  nationS|  seventy-three  thou- 
sand dollars. 

For  the  contingent  expenses  of  intercourse  with  foreign  nations,  one 
hundred  thousand  dollars. 

For  expenses  of  intercourse  with  the  Barbary  powers,  fifty  thousand 
dollars. 

For  the  relief  and  protection  of  distressed  American  seamen,  fifteen 
thousand  dollars. 

For  defraying  the  expenses  of  regulating,  laying  out,  and  making  a 
road  from  Cumberland  in  the  state  of  Maryland  to  Ohio,  agreeably  to 
1806  ch.  19.  ^^  ^^^  of  Congress,  passed  the  twenty-ninth  day  of  March,  one  thousand 
eight  hundred  and  six,  being  so  much  of  a  former  appropriation  carried 
to  the  surplus  fund,  at  the  close  of  the  year  one  thousand  eight  hundred 
and  eleven,  three  thousand  seven  hundred  and  eighty-six  dollars  and 
sixty  cents. 

For  expenses  of  prosecuting  claims  and  appeals  in  the  courts  of 
Great  Britain,  in  relation  to  captures  of  American  vessels,  and  defending 
causes  elsewhere,  four  thousand  dollars. 


TWELFTH  CONGRESS.    Sess.  I.  Ch.  34,  36.    1812. 


091 


For  the  discharge  of  such  miscellaneous  claims  against  the  United 
States,  not  otherwise  provifled  for,  as  shall  have  been  admitted  in  due 
course  of  settlement  at  the  treasury,  four  thousand  dollars. 

For  defraying  the  expenses  authorized  by  the  eleventh  section  of  the 
act  of  March  the  second,  eighteen  hundred  and  eleven,  entituled  "  An 
act  for  establishing  trading  houses  with  the  Indian  tribes,"  to  be  drawn 
annually  by  the  President  of  the  United  States,  for  the  payment  of 
agents,  assistant  agents  and  clerks,  including  the  sum  of  eleven  thousand 
sixty-two  dollars  and  fifty  cents,  which  had  accrued  by  said  act,  for  the 
year  eighteen  hundred  and  eleven,  twenty-five  thousand  eight  hundred 
and  twelve  dollars  and  seventy-six  cents. 

Sec.  2.  And  be  it  Jurther  enacted^  That  the  several  appropriations 
herein  before  made,  shall  be  paid  and  discharged  out  of  the  fund  of  six 
hundred  thousand  dollars,  reserved  by  an  act  making  provision  for  the 
debt  of  the  United  States,  and  out  of  any  monies  in  the  treasury  not 
otherwise  appropriated. 

Approved,  February  26,  1812. 


Chap.   XXXIV ^n  Jd  to  authorize  the  Secretary  (f  the  Treasury^  under  the 

direction  rf  the  President  of  the  United  Stateif  topurehoMe  of  Wintiow  Lewis^ 
hie  patent  right  to  the  new  and  improned  method  of  lighting  LighthoueeSy  and 
for  other  purpoaee. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
St€ftes  of  America  in  Congress  assembled,  That  the  Secretary  of  the 
Treasury  be,  and  he  is  hereby  authorized  and  empowered,  under  the 
directions  of  the  President  of  the  United  States,  to  purchase  of  Winslow 
Lewis,  his  patent  right  to  the  plan  of  lighting  lighthouses,  by  reflecting 
and  magnifying  lanterns,  if  the  same  shall  be  proved  to  be  a  discovery 
made  by  him ;  and  to  contract  with  the  said  Winslow  Lewis,  for  fitting 
up  and  keeping  in  repair,  any  or  all  the  lighthouses  in  the  United  States 
or  the  territories  thereof,  upon  the  new  and  improved  plan  of  the  reflect- 
ing and  magnifying  lanterns;  or  to  contract  with  the  said  Winslow 
Lewis,  for  such  sum  as  he  may  think  for  the  interest  of  the  United 
States :  Provided,  the  sum  so  to  be  allowed,  shall  not  in  any  case  annu- 
ally exceed  the  appropriation  made  for  supplying  the  lighthouse  estab- 
lishment with  oil  in  any  given  year,  which  has  passed  for  a  term  not 
exceeding  seven  years,  the  said  Lewis  covenanting,  with  sufficient 
sureties,  to  fit  up  and  keep  in  repair  all  the  lighthouses  in  the  United 
States  or  territories  thereof,  on  the  new  and  improved  plan  of  lighting 
lighthouses  by  reflecting  and  magnifying  lanterns;  and  the  same  to 
furnish  and  keep  in  repair  for  a  term  of  years  not  less  than  seven,  at  the 
sole  expense  of  the  said  Winslow  Lewis,  and  to  deliver  over  at  the  expi- 
ration of  the  term  aforesaid,  all  the  lighthouses  fitted  up  according  to  the 
new  and  improved  plan,  to  the  United  States  in  good  repair,  he,  the  said 
Winslow  Lewis,  warranting  the  same  to  remain  in  good  repair  for  seven 
years  more,  from  and  after  the  expiration  of  the  said  contract. 

Sec.  2.  And  be  it  further  enacted,  That  a  sum  not  exceeding  sixty 
thousand  dollars  be,  and  the  same  is  hereby  appropriated,  out  of  any 
monies  in  the  treasury  not  otherwise  appropriated,  to  carry  this  law  into 
effect. 

Approted,  March  2, 1812. 


Specific   ap- 
propriationi. 


1811,  ch.  30. 


StatutbL 
Maroh  2,  1812. 


Secretary  of 
the  Treasury 
authorised     to 

{»urchase  Wins- 
ow  Lewis'  pa., 
tent  right  for 
lighting  light- 
houses. 


The  sum  to 
be  allowed  for 
lighting  not  to 
exceed  the  sn- 
nual  sppropris- 
tion  for  the  last 
scTen  years. 


Appropriation* 


Statutx  I. 


Cbap.  XXXVv— wffi  Jet  Bupplemeniary  to  **Jln  act  providing  for  the  aecommoda-  March  7, 1812. 

tion  of  the  General  Post-  Qffke  and  Patent  Office^  and  for  other  purpoaea.^^  — rObsolete  1 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United      Act  of  April 
States  of  America  in  Congress  assembled,  That  the  Postmaster-General,      {>ostoa«er^' 

under  the  direction  of  the  President  of  the  United  Sutes,  be  authorized  General,  and«r 


692 


TWELFTH  CONGRESS.    Sess.  L  Ch.  36,  37,  38.    1812. 


directioa  of  th« 
Preiident,  ao- 
thorised  to  re- 
pair and  flniih 
the  Great  Hotel 
for  tbe  aceom- 
modation  of  the 
pott-office  de. 
partment  and 
patent  office. 

When  these 
officet  are  to  be 
remored. 


Appropriation. 


Statute  I. 
March  10, 1812. 

[Obeolete.] 

Board  of  com- 
mintoners*, 
wett  of  Pearl 
river,  aeconnte 
to  be  settled  and 
paid. 


Statutk  I. 

March  10, 1818. 

[Obsolete.] 
Appropriation 
of  nve  hundred 
thousand  dol- 
lars in  addition 
to  former  appro- 
priations. 


Statutx  I. 

March  10, 1812. 

Act  of  Feb.  27, 
1813,  ch.  38. 

Further  time 
given  for  regis- 
tering claims  in 
the  land-office 
at  Opeloosas. 


to  repair  and  finish,  in  a  suitable  manner  for  the  accommodation  of  the 
post-office  department  and  the  patent  office,  the  two  stories  of  the  build- 
ing purchased  for  the  government,  by  authority  of  the  aforesaid  act, 
being  the  first  and  second  stories,  including  also  sundry  repairs  on  the 
outside  and  in  the  garret  of  said  building,  upon  the  principles  stated  in 
the  report  of  the  Postmaster-Qeneral,  dated  January  fifteenth,  one  thou- 
sand eight  hundred  and  twelve. 

Sec.  2.  And  be  it  further  enacted,  That  as  soon  as  the  repairs  can  be 
properly  made,  and  before  the  commencement  of  the  next  annual  8e»- 
sion  of  Congress,  the  general  post-office  and  the  city  post-office  shall  be 
removed  to  said  public  building. 

Skc.  3.  And  be  itjurthar  enacted.  That  for  the  purpose  of  completing 
the  aforesaid  work,  there  be  appropriated,  from  any  monies  in  the  trea- 
sury not  otherwise  appropriated,  the  sum  of  thirteen  thousand  two  hun- 
dred and  forty-seven  dollars  and  sixty-one  cents,  including  the  sum  of 
two  thousand  three  hundred  dollars,  now  in  the  treasury,  and  also  the 
sum  of  one  thousand  three  hundred  and  ninety-three  dollars  and  seventy 
cents,  now  in  the  hands  of  Thomas  Munroe,  superintendent  of  the  city 
of  Washington,  being  unexpended  balances  of  the  sum  of  twenty  thou- 
sand dollars,  authorized  by  the  act  of  April  twenty-eighth,  one  thousand 
eight  hundred  and  ten,  to  which  this  act  is  a  supplement 

Approved,  March  7, 1812. 


Chap.  XXXVI.— %in  Ant  for  the  relief  (f  the  Board  tf  OomnUenonere  weet  of 

Pearl  river. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  proper  accounting 
officers  at  the  treasury  be,  and  they  are  hereby  directed  to  audit  and 
settle  the  accounts  of  the  board  of  commissioners  west  of  Pearl  river,  in 
the  Mississippi  territory,  and  to  allow  each  of  them  the  sum  of  six  dol- 
lars per  day  for  every  day's  actual  attendance  on  the  board,  subsequent 
to  the  first  day  of  April,  one  thousand  eight  hundred  and  six,  except 
for  the  eighty-four  days,  already  provided  for. 

Approved,  March  10,  1812. 


Chap.  XXXVII.-^fi  M  making  a  fwiher  a^fproprudum  for  the  dtfenee  of  our 
Maritime  Froniter, 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  sum  of  five  hundred 
thousand  dollars  be,  and  the  same  is  hereby  appropriated,  in  addition  to 
the  sums  already  appropriated,  for  the  purposes  of  fortifying  and  defend- 
ing the  maritime  frontier  of  the  United  Sutes;  and  that  the  same  be 
paid  out  of  any  monies  in  the  treasury,  not  otherwise  appropriated. 

Approved,  March  10,  1812. 


Chap.  XXXYUh^-An  Jet 

the  western 


■ving  further  time  for  registering  eUdma  to  land  in 
\9triet  of  the  territory  tf  Orleans. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  tn  Congress  assembled.  That  every  person  or  persons 
claiming  lands  in  the  western  district  of  the  territory  of  Orleans,  who 
are  actual  settlers  on  the  land  which  they  claim,  and  whose  claims  have 
not  been  heretofore  filed  with  the  register  of  the  land-office,  for  the  said 
district,  shall  be  allowed  until  the  first  day  of  Novembernext,  to  deliver 
notices  in  writing,  and  the  written  evidences  of  their  claims  to  the  regis- 
ter of  the  land-office  at  Opdousas;  and  the  notices  and  evidences  ao 


TWELFTH  CONGRESS.    Sess.  I.  Cb.  89.    1812. 


delivered  within  the  time  limited  by  this  act,  shall  be  recorded  in  the 
same  manner,  and  on  payment  of  the  same  fees,  as  if  the  same  had  been 
delivered  before  the  first  day  of  July,  one  thousand  eight  hundred  and 
eight;  but  the  rights  of  sucli  persons  as  shall  neglect  so  doinff  within 
Uie  time  limited  by  this  act,  shall,  so  far  as  they  are  derived  from,  or 
founded  on  any  act  of  Congress,  ever  after  be  barred  and  become  void, 
and  the  evidences  of  their  claims  never  after  admitted  as  evidence  in 
any  court  of  the  United  States  against  any  grant  derived  from  the  United 
Sutes. 

Sbc.  2.  'And  be  it  further  enacted.  That  the  register  and  receiver  of 
public  monies  of  the  said  land-office  at  Opelousas,  shall  have  the  same 
powers  and  perform  the  same  duties  in  relation  to  the  claims  thus  filed 
before  the  first  day  of  November  next,  as  if  notice  of  the  same  had  been 
given  before  the  first  day  of  July,  one  thousand  eight  hundred  and 
eight,  except  that  their  decisions  shall  be  subject  to  the  revision  of  Con- 
gress. And  it  shall  be  the  duty  of  the  said  register  and  receiver  to 
make  to  the  Secretary  of  the  Treasury,  a  report  of  aU  the  claims  thus 
filed  with  the  register  of  the  land-office,  together  with  the  substance  of 
the  evidence  in  support  thereof,  with  their  opinion,  and  such  remarks 
thereon  as  they  may  think  proper;  which  report,  together  with  a  list  of 
the  claims,  which,  in  the  opinion  of  the  register  and  receiver,  ought  to 
be  confirmed,  shall  be  laid  by  the  Secretary  of  the  Treasury  before  Con- 
gress at  their  next  session,  for  their  determination  thereon.  The  said 
register  and  receiver  shall  have  power  to  appoint  a  clerk,  whose  duty 
shall  be  the  same,  in  relation  to  the  claims  filed  as  aforesaid,  as  was 
required  of  the  clerk  to  the  board  of  commissioners  for  adjustinff  claims 
to  land  in  the  said  district;  and  the  said  register,  receiver  and  clerk, 
shall  each  be  allowed  fifty  cents  for  each  claim  filed  according  to  this 
act,  and  on  which  a  decision  shall  be  made,  whether  such  decision  be 
in  favour  of,  or  against  the  claim ;  which  allowance,  of  fifty  cents,  shall 
be  in  full  compensation  for  their  services  under  this  act 

Approved,  March  10,  1812. 


DatiM  of  tb« 
remitter  and  re- 
ceiTer  or  public 
moniei  of  tbo 
land.office  at 
Opelo 


Tho  reports 
of  the  register 
and  receiver  to 
be  laid  before 
Congress. 


Allowance  on 
claims  filed. 


Statute  I. 


Chap.  XXXIX Jn  Jet  to  alter  the  time  if  holding  the  Circuit  QmrU  tf  the  March  10, 1811 

United  State*  at  Knoxfrille^  in  the  District  of  Eatt  Tenneseee^  in  the  ttate  of 
T^enneeeee. 


Be  a  enacted  by  the  Senate  and  House  ofRepreMentaiives  of  the  UnUed 
States  of  America  in  Congress  assembled.  That  so  much  of  the  first  sec- 
tion of  an  act,  entituled  '<An  act  to  amend  an  act  entituled  An  act 
establishing  circuit  courts,  and  abridging  the  jurisdiction  of  the  district 
courts  of  the  districts  of  Kentucky,  Tennessee  and  Ohio,"  passed  on  the 
twenty-second  day  of  March,  eighteen  hundred  and  eight,  as  provides 
that  the  sessions  of  the  said  circuit  courts  shall  be  held  at  Knoxville,  in 
East  Tennessee,  on  the  third  Monday  of  October  annually,  shall  be  and 
is  hereby  repealed ;  and  from  and  after  the  passing  of  this  act,  the  said 
circuit  courts  shall  be  held  at  Knoxville,  in  the  district  of  East  Tennes- 
see, on  the  second  Monday  in  October,  annually,  and  continue  until  all 
the  business  therein  depending  be  disposed  of;  and  that  all  actions, 
causes,  pleas,  processes  and  other  proceedings  relative  to  any  cause, 
civil  or  criminal,  which  shall  be  returnable  to,  or  depending  in  the  said 
circuit  court  of  the  United  Sutes,  to  be  held  at  Knoxville,  on  the  third 
Monday  of  October  next,  shall  be  returned,  and  held,  continued  to,  and 
be  proceeded  upon  on  the  second  Monday  in  October  next,  in  the  same 
manner  they  would  have  been  if  this  change  had  not  been  made. 

Approved,  March  10,  1812. 


Act  of  lAarch 
3S,1808,ch.38. 

Sessions  of  the 
circuit  conrt 
changed  to  the 
second  Monday 
in  October,  at 
KnoiTille,  in 
EaatTennet- 


1807,  ch.  16. 
1S3I,  ch.  1. 


Process,  kc, 
kc.  returnable, 
ke.  kc,  accord- 
ingly. 


TWELFTH  CONGRESS.    Sess.  I.  Ch.  40,  41.     1812. 


Statute  I. 
March  12, 1812. 

SteamboaU 
beloDging  to 
aliens,  to  be 
enrolled  and 
licensed. 


Act  of  Feb.  18, 
1793,  ch.  8. 


Owners  of  sach 
boats  to  give 
bonds,  kc. 


Statute  I. 

March  14, 1812. 

Actof  July  6, 
1812,  ch.  136. 

Limitation  of 
sum  to  be  bor> 
rowed. 


The  U.  States 
may    reimburse 
any    sum    bor- 
rowed af\er 
twelve  years. 

Certificates  of 
stock  to  be  con- 
stitated. 


Interest  there- 
on. 

How  trans- 
ferable. 


Proviso. 

Funds  pledged 
for  paying  prin- 
cipal and  inter- 


Chap.  XL.—%ifi  Jiei  rupeciing  the  enrolling  and  Ueeming  tf  Steamboats. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  from  and  after  the  pass- 
ing of  this  act,  a  steamboat  employed,  or  intended  to  be  employed  only 
in  a  river  or  bay  of  the  United  States,  owned  wholly  or  in  part  by  an 
alien,  resident  within  the  United  States,  may,  and  shall  be  enrolled  and 
licensed,  as  if  the  same  belonged  to  a  citizen  of  the  United  States, 
according  to,  and  subject  to  all  the  conditions,  limitations  and  provisions 
contained  in  the  act,  entitnled  "An  act  for  enrolling  and  licensing  ships 
or  vessels  to  be  employed  in  the  coasting  trade  and  fisheries,  and  for 
regulating  the  same,"  except  that,  in  such  case,  no  oath  or  affirmation 
shall  be  required  that  the  said  boat  belongs  to  a  citizen  or  citizens  of 
the  United  States. 

Sec.  2.  And  be  it  further  enacted.  That  the  owner  or  owners  of  such 
steamboat,  upon  application  for  enrolment  or  license,  shall  give  bond  to 
the  coUector  of  the  district,  to  and  for  the  use  of  the  United  States,  ia 
the  penalty  of  one  thousand  dollars,  with  sufficient  surety,  conditioned, 
that  the  said  boat  shall  not  be  employed  in  other  waters  than  the  rivers 
and  bays  of  the  United  States. 

Approved,  March  12, 1812. 


Chap.  XLI. — An  Jet  authorizing  a  loan  for  a  turn  not  exceeding  ekvenmilUone 

(f  doUm. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  President  of  the 
United  States  be,  and  he  is  hereby  authorized  to  borrow  on  the  credit 
of  the  United  States,  a  sum  not  exceeding  eleven  millions  of  dollars,  at 
an  interest  not  exceeding  six  per  centum  per  annum,  payable  quarter 
yearly,  to  be  applied,  in  addition  to  the  monies  now  in  the  treasury,  or 
which  may  be  received  from  other  sources,  to  defray  any  of  the  expenses 
which  have  been,  or  may,  during  the  present  session  of  Congress,  be 
authorized  by  law,  and  for  which  appropriations  have  been,  or  may, 
during  the  present  session  of  Congress,  be  made  by  law :  Provided,  that 
no  engagement  nor  contract  shall  be  entered  into,  which  shall  preclude 
the  United  States  from  reimbursing  any  sum  or  sums  thus  borrowed,  at 
any  time  after  the  expiration  of  twelve  years,  from  the  first  day  of  Janu« 
ary  next. 

Sec.  2.  And  he  it  further  enacted.  That  the  President  of  the  United 
States  be,  and  he  is  hereby  authorized,  to  cause  to  be  constituted  certi- 
ficates of  stock  signed  by  the  register  of  the  treasury,  or  by  a  commis- 
sioner  of  loans,  for  the  sum  to  be  borrowed  by  virtue  of  this  act,  or  for 
any  part  thereof,  bearing  an  interest  of  six  per  centum,  and  reimbursable 
as  aforesaid;  which  stock,  thus  created,  shall  be  transferable  in  the 
same  manner  as  is  provided  by  law  for  the  transfer  of  the  existing  public 
debt  of  the  United  States :  and  it  is  hereby  further  declared,  that  it  shall 
be  deemed  a  good  execution  of  the  said  power  to  borrow,  for  the  Presi- 
dent of  the  United  Sutes  to  cause  the  said  certificates  of  stock,  or  any 
part  Uiereof,  to  be  sold :  Provided,  that  no  such  stock  shall  be  sold 
under  par. 

Sec.  3.  And  be  it  further  enacted.  That  so  much  of  the  funds  con- 
stituting the  annual  appropriation  of  eight  millions  of  dollars,  for  the 
payment  of  the  principal  and  interest  of  the  public  debt  of  the  United 
States,  as  may  be  wanted  for  that  purpose,  after  satisfying  the  sums 
necessary  for  the  payment  of  the  interest  and  such  part  of  the  principal 
of  the  said  debt  as  the  United  States  are  now  pledged  annually  to  pay 
or  reimburse,  is  hereby  pledged  and  appropriated  for  the  payment  of  the 


TWELFTH  CX>NGRESS.    Sess.  I.  Ch.  42,  43.    1812. 


interest,  and  for  the  reimbarsement  of  the  principal  of  the  stock  which 
may  be  created  by  virtue  of  this  act ;  it  shall  accordingly  be  the  duty  of 
the  commissioners  of  the  sinking  fund,  to  cause  to  be  applied  and  paid 
out  of  the  said  fund  yearly,  such  sum  and  sums  as  may  be  annually 
wanted  to  discharge  the  interest  accruing  on  the  said  stock,  and  to  reim- 
burse the  principal  as  the  same  shall  become  due,  and  may  be  discharged 
in  conformity  with  the  terms  of  the  loan ;  and  they  are  further  autho- 
rized to  apply,  from  time  to  time,  such  sum  or  sums  out  of  the  said  fund 
as  they  may  think  proper,  towards  redeeming  by  purchase,  and  at  a  price 
not  above  par,  the  principal  of  the  said  stock,  or  any  part  thereof.  And 
the  faith  of  the  United  States  is  hereby  pledged  to  establish'  sufficient 
revenues  for  making  up  any  deficiency  that  may  hereafter  take  place  in 
the  funds  hereby  appropriated  for  paying  the  said  interest  and  principal 
sums,  or  any  of  them,  in  manner  aforesaid. 

Sec.  4.  And  be  it  further  enacted.  That  it  shall  be  lawful  for  any 
of  the  banks  iir  the  district  of  Columbia  to  lend  any  part  of  the  sum 
authorized  to  be  borrowed  by  virtue  of  this  act,  any  thing  in  any  of  their 
charters  of  incorporation  to  the  contrary  notwithstanding. 

Approved,  March  14,  1812. 


Faith  of  tho 
U.  SUtot  pledg. 
ed  for  the  esub- 
lUhmeot  of  tuf- 
ficient  revenae 
to  make  up  de- 
ficiencies. 

Lawful  for  the 
banks  in  the  di«. 
trict  of  Colom- 
bia to  make  the 
loan  or  anj  part 
thereof. 

Statute  I. 


Chap.  XLII. — An  Act  supplementary  to  ^*Jn  act  to  raise  an  additional  Mililary    March  17, 1812. 


Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  non-commissioned 
officers,  musicians  and  privates  of  the  light  dragoons  shall  receive  the 
same  uniform  clothing  as  is  now  provided  by  law  for  the  artillery  and 
infantry,  excepting  one  pair  of  gaiters  and  four  pairs  of  shoes,  in  lieu  of 
which,  each  person  shall  be  annually  entitled  to  receive  one  pair  of  boots, 
and  two  pair  of  shoes. 

Sec.  2.  And  be  it  farther  enacted.  That  the  non-commissioned 
officers,  musicians  and  privates  of  the  regiment  of  light  artillery,  shall 
receive  the  same  clothing  as  the  light  dragoons,  when  ordered  to  be 
mounted. 

Sec.  3.  •  And  be  it  further  enacted.  That  all  the  officers,  excepting 
general  officers,  who  may  be  appointed  during  the  present  session  of 
Congress,  under  the  "Act  to  raise  an  additional  military  force,"  shall 
take  rank  in  such  manner  as  the  President  of  the  United  States  shall 
direct,  without  regard  to  priority  of  appointment 

Approved,  March  17,  1812. 


Act  of  Jan.  11, 
1812,  ch.  14. 

Uniform  cloth- 
ing  to  the  non- 
commiiflioned 
officers. 


Light  artillery 
to  receive  the 
same  clothine  as 
tho  light  dra- 
goons. 

Officers  to  take 
rank,  except  the 
generals,  as  the 
President  mvf 
direct. 


Chap.  XLIII. — An  Act  repealing  the  tenth  section  of  the  act  to  incorporate  the 
subscribers  to  the  Bank  of  the  United  Staies.(a) 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled ,  That  the  tenth  section  of  the 
act,  entituled  "An  act  to  incorporate  the  subscribers  to  the  Bank  of  the 
United  States,"  shall  be,  and  the  same  is  hereby  repealed. 

Approved,  March  19,  1812. 

(a)  The  10th  section  of  the  act  incorporating  the  Bank  of  the  United  States,  Febniary  26,  1791,  chap. 
10,  repealed  by  this  law,  was  as  follows : — 

Section  10,  of  the  act  of  February  25,  1791,  chap.  10:  *'And  be  it  forther  enacted,  That  the  bills  or 
notes  of  the  said  corporation,  originally  made  paysole,  or  which  shall  have  become  payable  on  demand, 
in  gold  and  silver  coin,  shall  be  received  in  all  paymento  to  the  United  States. 


Statute  L 

March  19, 1812. 

[Obsolete.] 
The  tenth  sec- 
tion  of  the  act 
incorporating 
the  bank  re- 
pealed. 


096 


TWELFTH  CONQSESS.    Sias.  I.  Cb.  45, 46.    1813. 


Statutx  I. 
March  26, 1812. 

Termi  of  the 
court  changod. 

At  Portnnooth 
on  the  first  day 
of  May,  and  Ez- 
eter  on  the  first 
day  of  October; 
at  Newport  on 
the  fifteenth  of 
June;  at  ProT- 
idenco  on  the 
fifteenth  of  No. 
▼ember;  at  Bos- 
ton on  the  fif- 
teenth of  May, 
and  the  fifteenth 
of  October. 

Proceedings 
to  conform 
therewith. 

Act  of  March 
8,  1797,  ch.  27. 

1802,  eh.  23, 
sec.  4. 


SxATim  I. 
March  28, 1812. 

[Obsolete.] 
Act  of  March 
3, 1815,  ch.  78. 
Qaartermaa* 
ter's  depart- 
ment how  com- 
posed. 

1812,  ch.  92. 


Rank,  pay,  kc. 
kc.  of  the  quar- 
termaster gene- 
ral, ke,  ke. 


1808,  ch.  43. 


Their  duties, 
kc.  kc. 


Chap.  XLV.— ^^  Jet  to  otter  the  Umee  if  holditig  the  Circuit  Q^urte  of  thefirtt 

diMtriet.ia) 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Conjgress  assembled^  That  id  lieu  of  the  terms  now 
established  by  law,  the  circuit  court  of  the  first  circuit  shall  annually  be 
holden  as  follows :  at  Portsmouth,  on  the  first  day  of  May,  and  at  Exe- 
ter, on  the  first  day  of  October,  within  and  for  the  district  of  New  Hamp- 
shire ;  at  Newport,  on  the  fifteenth  day  of  June,  and  at  ProYidence,  on 
the  fifteenth  day  of  November,  within  and  for  the  district  of  Rhode 
Island ;  and  at  Boston,  on  the  fifteenth  day  of  May,  and  the  fiftcMsnth 
day  of  October,  within  and  for  the  district  of  Massachusetts.  And 
whenever  any  of  the  said  days  shall  happen  on  a  Sunday,  then  the  said 
court,  hereby  directed  to  be  holden  on  said  day,  shall  be  holden  on  the 
next  day  thereafter. 

Sec.  2.  And  be  it  further  enacted^  That  all  actions,  suits,  writs, 
processes  and  other  proceedings  which  now  are  pending,  in  said  court, 
or  which  now  are  or  may  hereafter  be  commenced  for,  or  be  returnable 
to  the  said  court  at  the  proper  term  thereof,  now  established  by  law, 
within  and  for  the  respective  districts  aforesaid,  shall  depend,  have  day, 
be  returnable  to,  heard,  tried  and  determined  in  the  said  court  at  the 
first  term  thereof,  which  shall  hereafter  be  holden  within  and  for  the 
respective  districts  aforesaid,  according  to  the  provisions  of  this  act,  any 
thing  in  any  former  act  or  acts  to  the  contrary  notwithstanding. 

ApFROtSD,  March  26,  1812. 


Chap.  XLVL— ^n  Jlet  to  utabUih  a  QuartemuuterU  Department^  and  for  other 

fnarpoHi. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  there  be  and  hereby 
is  established  a  quartermaster's  department  for  the  army  of  the  United 
States,  to  consist  of  a  quartermaster  general,  four  deputy  quarter* 
masters,  and  as  many  assistant  deputy  quartermasters,  as,  in  the  opinion 
of  the  President  of  the  United  States,  the  public  service  may  require; 
the  quartermaster  general  and  deputy  quartermasters  to  be  appointed 
by  the  President,  by  and  with  the  advice  and  consent  of  the  Senate ;  and 
the  assistant  deputy  quartermasters  by  the  President  alone.  And  he 
hereby  is  authorized  moreover  to  appoint  such  additional  number  of 
deputy  quartermasters,  not  exceeding  four,  to  be  taken  from  the  line  or 
not,  at  his  discretion,  as  in  his  judgment  tiie  public  service  may  require. 

Sec.  2.  And  be  it  further  enacted,  That  the  quartermaster  general 
shall  be  entitled  to  the  rank,  pay  and  emoluments  of  a  brigadier  general, 
(under  the  act  of  the  twelfth  of  April,  one  thousand  eight  hundred  and 
eight,)  with  forage  for  two  additional  horses ;  the  deputy  quartermasters, 
when  not  taken  rrom  the  line,  shall  be  entitled  to  receive  sixty  dollars 
per  month,  five  rations  per  day  and  forage  for  two  horses,  but  if  taken 
from  the  line,  then  such  additional  pay  and  emoluments  as  shall  be  equal 
to  the  foregoing  provision ;  the  assistant  deputy  quartermasters,  when 
not  taken  from  the  line,  shall  be  entitled  to  and  receive  forty  dollars  per 
month,  three  rations  per  day,  and  forage  for  one  horse,  but  if  taken  from 
the  line,  then  such  additional  pay  and  emoluments  as  shall  be  equal  to 
the  foregoinff  provision. 

Seo.  3.  And  be  it  further  enacted,  That  in  addition  to  their  duties 
in  the  field,  it  shall  be  the  duty  of  the  quartermaster  general,  his  deputies, 
and  assistant  deputies,  when  thereto  directed  by  the  Secretary  of  War, 
to  purchase  military  stores,  camp  equipage  and  other  articles  requisite 
for  the  troops,  and  generally  to  procure  and  provide  means  of  transport 

(a)  See  notes  to  act  of  April  29, 1802,  chap.  23. 


TWELFTH  CX>NOR£SS.    Sesb.  L  Cb.  46.    1812. 


607 


for  the  army,  its  stores,  artillery  and  camp  eqaipage.  That  the  qaarter* 
master  general  shall  account  as  often  as  may  be  re<juired,  and  at  least 
once  in  three  months,  with  the  department  of  war,  m  such  manner  as 
shall  be  prescribed,  for  all  property  which  may  pass  through  his  hands, 
or  the  hands  of  the  subordinate  officers  in  his  department,  or  that  may 
be  in  his  or  their  care  or  possession,  and  for  all  monies  which  he  or  they 
may  expend  in  discharging  their  respective  duties;  that  he  shall  be 
responsible  for  the  regularity  and  correctness  of  all  returns  in  his  depart- 
ment, and  that  he,  his  deputies  and  assistant  deputies,  before  they  enter 
on  the  execution  of  their  respective  offices,  shall  severally  take  an  oath 
faithfully  to  perform  the  duties  thereof. 

Sec.  4.  And  be  it  Jnrther  enacted.  That  there  shall  be  a  commis- 
sary general  of  purchases,  and  as  many  deputy  commissaries,  as,  in  the 
opinion  of  the  President  of  the  United  States,  the  public  service  may 
require,  to  be  appointed  by  the  President,  by  and  with  the  advice  and 
consent  of  the  Senate. 

Sec.  5.  And  be  it  Jvrther  enacted,  That  it  shall  be  the  duty  of  the 
commissary  general  of  purchases,  under  the  direction  and  supervision 
of  the  Secretary  of  War,  to  conduct  the  procuring  and  providing  of  all 
arms,  military  stores,  clothing,  and  generally  all  articles  of  supply  requi- 
site for  the  military  service  of  the  United  States ;  and  it  shall  be  the 
duty  of  the  deputy  commissaries,  when  directed  thereto,  either  by  the 
Secretary  of  War,  the  commissary  general  of  purchases,  or,  in  cases  of 
necessity,  by  the  commanding  general,  quartermaster  general,  or  deputy 
quartermasters,  to  purchase  all  such  of  the  aforesaid  articles  as  may  be 
requisite  for  the  military  service  of  the  United  States. 

Sec.  6.  And  be  it  Jwrther  enacted.  That  neither  the  quartermaster 
general  nor  the  commissary  general  shall,  directly  or  indirectly,  be  con- 
cerned or  interested,  in  carrying  on  the  business  of  trade  or  commerce, 
or  be  owner  in  whole  or  in  part,  of  any  sea  vessel ;  nor  shall  either  of 
them  purchase  by  himself  or  another,  in  trust  for  him,  public  lands  or 
any  other  public  property,  or  be  concerned  in  the  purchase  or  disposal 
of  any  public  securities  of  any  state,  or  of  the  United  States,  or  take,  or 
apply  to  his  own  use,  any  emolument  or  gain,  for  negotiating  or  trans- 
acting any  business  in  the  said  department,  other  than  what  shall  be 
allowed  by  law ;  and  if  either  the  said  quartermaster  general  or  com- 
missary ^neral  shall  offend  against  any  of  the  prohibitions  of  this  act, 
the  parties  so  offending  shall,  upon  conviction,  forfeit  to  the  United 
States,  the  penalty  of  three  thousand  dollars,  and  may  be  imprisoned  for 
a  term  not  exceeding  five  years,  and  shall  be  removed  from  office,  and 
be  for  ever  thereafter  incapable  of  holding  any  office  under  the  United 
States. 

Sec.  7.  And  be  it  Jurther  enacted,  That  the  salary  of  the  commissary 
general  of  purchases  shall  be  three  thousand  dollars  per  annum ;  and  the 
compensation  to  a  deputy  commissary,  shall  not  exceed  two  and  one 
half  per  centum  on  the  public  monies  disbursed  by  him,  nor  in  any 
instance,  the  sum  of  two  thousand  dollars  per  annum. 

Sec.  8.  And  be  it  further  enacted,  That  the  commissary  general  of 
purchases  shall,  before  he  enters  upon  his  duties,  give  bond  with  suffi- 
cient surety,  to  be  approved  of  by  the  Secretary  of  War,  in  the  sum  of 
fifty  thousand  dollars,  and  the  deputy  commissaries,  each  in  the  sum  of 
ten  thousand  dollars,  with  condition  for  the  faithful  performance  of  the 
duties  of  their  office  respectively,  which  bonds  shall  be  lodged  with  the 
comptroller  of  the  treasury. 

Sec.  9.  And  be  it  further  enacted.  That  from  and  after  the  last  day 
of  May  next,  so  much  of  the  act,  entituled  "An  act  to  establish  the 
office  of  purveyor  of  public  supplies,"  as  relates  to  the  appointment  and 
services  of  a  purveyor  of  public  supplies,  be,  and  the  same  is  hereby 
repealed ;  and  in  the  mean  time,  the  purveyor  shall  deliver  over  to  the 

Vol.  II.— 88  3  N 


Comn 
general,  kCn 
to  be  ftppointed. 


Their  datiefl^ 
ho,  flfcc. 


Qutrtermaf- 
ter  genera]  and 
commiararj  se- 
neral,  Ice.  «c. 
inhibited  from 
trade. 


181S,  ch.  92. 


Compenaation 
of  the  commii- 
■ary  general, 
flfcc.fcc. 


Commtanrr 

Kneral  to  gire 
>nd,  flee,  flfcc. 


Office  of  pnr- 
Teyor  abofiih- 
ed. 

1795,  eh.  27. 


eo8 


TWELFTH  CONGRESS.    Sess.  I.  Ch.  46.    1813. 


Qaartermatter 
and  commiuarj 
general's  lettera 
to  be  free. 

Compensation 
of  the  clerks  of 
the  quartermas. 
ter  and  commis- 
■ary  general's 
offices. 


Wagon -mas- 
ters to  be  ap. 
pointed  bj  tno 
quartermaster 
general. 


Wagon-mas- 
ters  inhibited 
from  dealing  in 
wagons.  Ice. 


Compensation 
of  the  wagon- 
masters. 


Forage-master 
to  be  appointed. 


Forage-master 
prohibited  from 
tradinff  in  arti- 
cles of  forage. 

Compensation 
of  forage-mas- 
ter. Ice.  &c. 


Conductors  of 
artillery  to  bo 
appointed. 


Repeal  of  part 
of  a  former  act. 

1802,  ch.  9. 


Deputy  com- 


commissarj  general  or  one  of  his  deputies,  the  public  stores  and  pro- 
perty of  all  sorts  in  his  possession,  who  shall  receipt  to  him  for  the  same. 
Sec.  10.  And  he  it  further  enacted^  That  all  letters  and  packets  to 
and  from  the  quartermaster  general  and  commissaiy  general,  shall 
be  free  from  postage. 

Sec  11.  And  he  it  further  enacted^  That  there  be  allowed  for  the 
compensation  of  the  necessary  clerks  in  the  quartermaster  general's 
office,  a  sum  not  exceeding  fifteen  hundred  dollars  a  year ;  and  for  the 
compensation  of  the  clerlu  of  the  commissary  general,  a  sum  not  ex- 
ceeding seventeen  hundred  dollars  per  annum,  with  such  books  and 
stationery  as  may  be  necessary  to  the  quartermaster  general's  and  com- 
missary general's  departments. 

Sec.  12.  And  he  it  further  enacted.  That  the  quartermaster  general 
be  authorized  to  appoint  a  principal  wagon-master  and  as  many  wagon- 
masters  as  he  may  judge  necessary  for  the  service  of  the  army,  not  ex- 
ceeding one  to  each  brigade,  whose  duty  shall  be,  under  the  direction 
of  the  quartermaster  general  or  any  of  his  deputies,  to  provide  and  con- 
duct the  wagons  and  other  means  of  transport  necessary  and  proper  for 
the  military  service  of  the  United  States. 

Sec.  13.  And  be  it  further  enacted,  That  no  wagon-master  shall, 
directly  or  indirectly,  be  concerned  or  interested  in  any  wagon,  or  means 
of  transport  employed  in  the  service  of  the  United  States;  nor  in  the 
purchase  or  sale  of  any  horses,  harness,  wagons  or  other  means  of  trans- 
port, procured  for,  or  belonging  to  the  United  States,  except  as  agent 
for  the  United  States. 

Sec.  14.  And  he  it  further  enacted,  That  the  principal  wagon-master 
shall  be  entitled  to  receive  forty  d(dlars  per  month,  three  rations  per  day 
and  forage  for  one  horse;  and  each  wagon-master  shall  be  entitled  to 
receive  thirty  dollars  per  month,  two  rations  per  day  and  forage  for  one 
horse. 

Sec.  15.  And  he  it  further  enacted,  That  the  quartermaster  general 
be  authorized  to  appoint  one  principal  forage-master,  and  as  many  assist- 
ant forage-masters  as  the  nature  of  the  service  may  require,  not  exceed- 
ing one  to  each  brigade,  whose  duty  shall  be,  under  the  direction  of  the 
quartermaster  general,  or  any  of  his  deputies,  to  provide  and  deliver  out 
forage  necessary  and  proper  for  the  military  service  of  the  United  States; 
nor  shall  any  forage-master  be  directly  or  indirectly  concerned  in  the 
purchase  or  sale  of  any  article  of  forage  procured  for  or  belonging  to 
the  United  States,  except  as  an  agent  for  the  United  States. 

Sec  16.  And  he  it  further  enacted.  That  the  principal  forage-master 
shall  be  entitled  to  and  receive  forty  dollars  per  month,  three  rations  per 
day  and  forage  for  two  horses ;  and  that  the  other  forage-masters  shall  be 
entitled  to  and  receive  thirty  dollars  per  month,  two  rations  per  day  and 
forage  for  one  horse. 

Sec  17.  And  he  it  further  enacted.  That  there  shall  be  four  con- 
ductors of  artillery,  who  shall  be  appointed  by  the  President  alone,  each 
of  whom  shall  be  entitled  to  the  pay  and  emoluments  of  a  lieutenant  of 
artillery. 

Sec.  18.  And  he  it  fttrther  enacted.  That  this  act  shall  go  into  opera- 
tion on  the  first  day  of  April  next;  and  that  so  much  of  the  act  fixing 
the  military  peace  establishment  of  the  United  States,  as  respects  the 
appointment  of  military  agent^  and  assistant  military  agents,  be,  and  the 
same  is  hereby  repealed,  from  and  afler  that  day;  but  all  those  agents 
shall  continue  to  perform  their  respective  duties  in  the  mean  time,  and 
until  the  deputy  and  assistant  deputy  quartermasters  shall  be  appointed 
and  ready  to  enter  on  the  execution  of  their  respective  offices ;  to  whom 
the  said  military  agents  and  assistant  military  agents,  shall  then  deliver 
all  the  public  stores  and  property  in  their  possession. 

Sec  19.  And  he  it  further  enacted^  That  all  persons  attached  to  the 


TWELFTH  CONGRESS.    Sua.  L  Ch.  47.    1813. 


public  aenrice  by  virtue  of  this  act,  shall  be  subject  to  military  law,  ex- 
cept the  deputy  commissaries. 

Sec.  20.  And  he  it  fitrther  etiacied.  That  the  President  may,  and  he 
hereby  is  authorized  in  the  recess  of  the  Senate,  to  appoint  the  quarter- 
master general,  deputy  quartermasters,  commissary  general,  and  deputy 
commissaries,  or  any  of  them;  which  appointments  shall  be  submitted 
to  the  Senate  at  their  next  session,  for  their  advice  and  consent 

Approved,  March  28,  1812. 


Chap.  XLVII. — Jin  Jet  eoneeming  the  Nav<U  Eiiabli$hmerU,(d) 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  the  President  of  the 
United  States  be,  and  he  is  hereby  authorized  and  empowered  to  cause 
to  be  immediately  repaired,  equipped  and  put  into  actual  service,  the 
frigates  Chesapeake,  Constellation  and  Adams;  and  that  a  sum  not  ex- 
ceeding three  hundred  thousand  dollars  be,  and  is  hereby  appropriated 
for  that  purpose. 

Sec.  2.  And  be  it  further  enacted,  That  the  officers  and  seamen  of 
the  navy  may  be  increased  so  far  as  may  be  necessary  to  officer,  man  and 
equip  the  vessels  so  to  be  put  into  service,  any  law  to  the  contrary  not- 
withstanding. 

Sec.  3.  And  be  it  further  enacted.  That  the  sum  of  two  hundred 
thousand  dollars,  annually,  for  three  years,  viz :  one  thousand  eight  hun- 
dred and  twelve,  one  thousand  eight  hundred  and  thirteen  and  one 
thousand  eight  hundred  and  fourteen,  be  appropriated  towards  the  pur- 
chase and  supply  of  a  stock  of  every  description  of  timber  required  for 
ship  building  and  other  navy  purposes;  and  that  the  first  appropriation 
thereof  be  made  in  the  purchase  of  timber  suitable  for  rebuilding  the 
frigates  Philadelphia,  General  Greene,  New  York,-  and  Boston. 

Sec.  4.  And  be  it  further  enacted.  That  the  sums  herein  specifically 
appropriated  shall  be  paid  out  of  any  monies  in  the  treasury  not  other- 
wise appropriated. 

Sec.  5.  And  be  it  further  enacted,  That  as  soon  as  it  shall  be  deemed 
compatible  with  the  good  of  the  public  service,  the  gun  boats  now  in 
commission  be  laid  up,  and  with  those  not  in  commission,  be  distributed 
in  the  several  harbors  of  the  maritime  frontier  which  are  most  exposed 
to  attack,  to  be  carefully  kept  and  used  as  circumstances  may  require. 

Sec  6.  And  be  it  fiirther  enacted.  That  the  pursers  in  the  navy  of 
the  United  States  shall  be  appointed  by  the  President  of  the  United 
States,  by  and  with  the  advice  and  consent  of  the  Senate;  and  that  from 
and  after  the  first  day  of  May  next,  no  person  shall  act  in  the  character 
of  purser,  who  shall  not  have  been  thus  first  nominated  and  appointed, 
excepting  pursers  on  distant  service  who  shall  not  remain  in  service 
after  the  first  day  of  July  next,  unless  nominated  and  appointed  as  afore- 
said. And  every  purser,  before  entering  upon  the  duties  of  his  office, 
shall  give  bond,  with  two  or  more  sufficient  sureties,  in  the  penalty  of 
ten  thousand  dollars,  conditioned  faithfully  to  perform  all  the  duties  of 
purser  in  the  navy  of  the  United  States. 

Approved,  March  30,  1812. 

(a)  Precedinff  acu  relating  to  die  Navy  of  the  United  Sutei  :^ 
Act  of  Mareb  S3,  1794,  .        Vol.  i.  300. 

Act  of  April  20,  1790,      .  .      <«    i.  463. 

Act  of  July  1,  1797,     ...  «    i.  623. 

Act  of  April  27,  1798,      .        .        .      <«    i.  662. 
Act  of  May  4,  1798,     ...  «    i.  666. 

Act  of  Jane  22,  1798,      .        .        .      «'    i.  676. 
Act  of  Febraary  26,  1799,    .        .  <«    i.  621. 

Aet  for  the  gOTeminent  of  the  navy  of  the  United  States. 
B&fch  2,  1799,  chap.  24,  Vol.  i.  709. 


miietriee  ex. 
empt  fh>m  mill, 
tanr  law, 

Proaident  aiu 
thorised  to 
make  the  ap« 
pointments  In 
raceaa  of 


Statutb  I. 

March  30, 1812. 

Act  of  March 

l,1817,ch.81. 

Certain  frigates 

to  be   repaired 

and  pnt  uto 


AppropriatioB* 


Officers  of  the 
navy  may  be  in- 
creased  accord- 
ingly. 

An  annual  ap. 
propriation  wt 
the  porcbase  of 
materials  adapt- 
ed to  the  re. 
building  and  re- 
pair of  certain 
ingates. 


How  the  SODS 
appropriated  are 
to  be  paid. 

Gnn  boats  to 
be  distributed  to 
be  used  as  cir. 
cnmatancesmay 
require. 

Pursers  to  be 
appointed  by  the 
President  with 
the  approbation 
of  the  Senate. 


7Q0 


TWELFTH  CONGRESS.    Sass.  I.  Ch.  48, 49.    1812. 


Statute  I. 

April  S»  1819. 

■  ■ '     n  ' 

Righl  of  tbe 
UnitadStatotto 
a  oertaiB  portion 
of  grouna  in  the 
city  of  New  Or- 
leans  ceded  to 
the  citj. 


PiOTito.  that 
the  groand  shall 
be  oocapied 
within  three 
yean. 

ProTiao. 


Statute  I. 


Chap.  XLVIU Jn  Jet  granting  to  the  cor 

the  use  andponemon  of  a  l 


jratton  <f  the  city  of  New  Orham 
I  in  the  taid  et7y. 


Be  a  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled^  That  all  the  right  and  claim 
of  the  United  States  to  the  use,  possession  and  occapuncy  of  a  space  of 
one  hundred  and  fifty  by  one  hundred  and  twenty-five  (feet  of  a  vacant 
lot  of  ground,  in  the  city  of  New  Orleans,  bounded  by  BienyiUe  and 
Custom-house  streets,  and  by  Levee  street  and  the  high  road,  be,  and  the 
same  is  hereby  vested  in  the  corporation  of  tbe  said'  city.  And  the  said 
corporation  is  authorized  to  use,  possess  and  occupy  the  same,  for  the 
purpose  of  ereming  or  causing  to  be  erected  and  kept  in  operation  a 
steam  engine,  or  engines,  for  conveying  water  into  the  said  city,  and  all 
buildings  necessary  to  the  said  purpose:  Provided,  that  if  the  said  space 
of  ground  shall  not  be  occupied  for  the  said  purpose,  within  the  term 
of  Sktee  years,  from  and  after  the  passing  of  this  act,  or  shall  at  any  time 
thereafter  cease  to  be  so  occupied,  for  the  term  of  three  years,  the  right 
and  claim  of  the  United  States  thereto,  shall  remain  unimpaired :  And 
provided  also,  that  this  act  shall  not  affect  the  claim,  or  claims  of  any 
mdividual  or  individuals,  if  any  such  there  be. 

Approved,  April  3,  1812. 


April4,iai2. 

[Expired.] 
Embargo  laid 
for  ninety  days. 


PKOTJao. 


Bonda  to  be 
given  that  aU 
goods,  flu:,  fcc. 
■hipped  in   the 

Sort!  of  the  U. 
tatea  ahall  be 
relanded     in 
othen  of  the 
United  Statei. 


Penaltioa  for 
going  to  foreign 
porta. 


Chap.  XLIX.— wtfn  Jet  laying  an  embargo  on  all  skipe  and  vestelt  in  ihe  ports 
and  harbors  of  Me  United  So^es,  for  a  nmiied  time. 

Be  it  enacted  by  the  Senate  and  House  of  Rmresentativ^  of  the  United 
States  of  America  in  Congress  assembled,  That  an  embargo  be,  and 
hereby  is  laid  for  the  term  of  ninety  days  from  and  after  tbe  passing  of 
this  act,  on  all  ships  and  vessels  in  the  ports  and  places  within  the  limits 
or  jurisdiction  of  the  United  States,  cleared  or  not  cleared,  bound  to  any 
foreign  port  or  place ;  and  that  no  clearance  be  furnished  to  any  ship  or 
vessel  bound  to  such  foreign  port  or  place,  except  vessels  in  ballast,  with 
the  consent  of  the  President  of  the  United  States;  and  that  the  Presi- 
dent be  authorized  to  give  such  instructions  to  the  officers  of  the  revenue, 
and  of  the  navy  and  revenue  cutters  of  the  United  States,  as  shall  appear 
best  adapted  for  carrying  the  same  into  full  effect:  Provided,  that 
nothing  herein  contained  shall  be  construed  to  prevent  the  departure  of 
any  foreign  ship  or  vessel,  either  in  ballast  or  with  the  goods,  wares  and 
merchandise  on  board  of  such  foreign  ship  or  vessel  when  notified  of 
this  act. 

Sec.  2.  And  be  it  further  enacted.  That  during  the  continuance  of 
this  act,  no  registered  or  sea  letter  vessel  shall  be  allowed  to  depart  from 
any  one  port  of  the  United  States  to  any  other  within  the  same,  unless 
tbe  master,  owner,  consignee  or  factor  of  such  vessel,  shall  first  give 
bond,  with  one  or  more  sureties,  to  the  coUector  of  the  district  from 
which  she  is  bound  to  depart,  in  a  sum  of  double  the  value  of  the  vessel 
and  cargo,  conditioned  that  the  goods,  wares  or  merchandise,  with  which 
she  shall  be  laden,  shall  be  relanded  in  some  port  of  the  United  States. 

Sec.  3.  And  be  it  further  enacted.  That  if  any  ship  or  vessel  shall, 
during  the  continuance  of  this  act,  depart  from  any  port  of  the  United 
States,  without  a  clearance  or  permit,  or  if  any  ship  or  vessel  shall,  con- 
trary to  the  provisions  of  this  act,  proceed  to  a  foreign  port  or  place,  or 
trade  with,  or  put  on  board  of  any  other  ship  or  vessel,  any  goods,  wares 
or  merchandise,  of  foreign  or  domestic  growth  or  manufacture,  such 
ships  or  vessels,  goods,  wares  and  merchandise  shall  be  wholly  forfeited, 
and,  if  the  same  shall  not  be  seized,  the  owner  or  owners,  agent,  fireighter 
or  factors,  of  any  such  ship  or  vessel,  shall  for  every  such  offence  forfeit 
and  pay  a  sum  equal  to  double  the  value  of  the  ship  or  vessel  and  cargo. 


TWELFTH  CONGRESS.    Sebb.  I.  Ch.  50.    1812. 


701 


and  shall  never  thereafter  be  allowed  a  credit  for  datiea  on  any  goods, 
wares  or  merchandise,  imported  by  him  or  them  into  any  of  the  ports  of 
the  United  States;  and  the  master  or  commander  of  such  ship  or  vessel, 
as  well  as  all  other  persons  who  shall  knowingly  be  concerned  in  such 
prohibited  foreign  voyage,  shall  each  respectively  forfeit  and  pay  a  sum 
not  exceeding  twenty  thousand,  nor  less  than  one  thousand  dollars  for 
every  such  oTOnce,  whether  the  vessel  be  seized  and  condemned  or  not; 
and  the  oath  or  affirmation  of  any  master  or  commander,  knowingly 
offending  against  the  provisions  of  this  section,  shall  ever  thereafter  be 
inadmissible  before  any  collector  of  the  customs  of  the  United  States. 

Sec.  4.  And  be  it  Jfurther  enacted.  That  all  penalties  and  forfeitures 
arising  under,  or  incurred  by  virtue  of,  this  act,  may  be  sued  for,  proe&* 
cuted  and  recovered,  with  costs  of  suit,  by  action  of  debt,  in  the  name 
of  the  United  States  of  America,  or  by  indictment  or  information,  in  any 
court  having  competent  jurisdiction  to  try  the  same ;  and  shall  be  dis- 
tributed and  accounted  for  in  the  manner  prescribed  by  the  act,  entituled 
"  An  act  to  regulate  the  collection  of  duties  on  imports  and  tonnage," 
passed  the  second  day  of  March,  one  thousand  seven  hundred  and  ninety- 
nine;  and  such  penalties  may  be  examined,  mitigated  or  remitted,  in  like 
manner,  and  under  like  conditions,  regulations  and  restrictions,  as  are 
prescribed,  authorized  and  directed  by  the  act,  entituled  "An  act  to  pro- 
vide for  mitigating  or  remitting  the  forfeitures,  penalties  and  disabilities 
accruing  in  certain  cases  therein  mentioned,"  passed  the  third  day  of 
March,  one  thousand  seven  hundred  and  ninety-seven,  and  made  per- 
petual by  an  act  passed  the  eleventh  day  of  February,  one  thousand 
eight  hundred :  Provided,  that  all  penalties  and  forfeitures  which  shall 
have  been  incurred  by  virtue  of  this  act,  previous  to  the  expiration 
thereof,  may  and  shall  thereafter  be  recovered  and  distributed  in  like 
manner,  as  if  this  act  had  continued  in  full  force  and  virtue. 

Approved,  April  4,  1812. 


Chap.  L.«%^»  Jci  for  the  admUnon  cf  the  StaU  tf  LouUiana  inlo  the  Union^ 
and  to  extend  the  laws  of  the  United  Statee  to  the  aaid  8taie,{a) 

Whereas,  the  representatives  of  the  people  of  all  that  part  of  the  ter- 
ritory or  country  ceded,  under  the  name  of  "  Louisiana,"  by  the  treaty 


PentItie8,how 
to  be  rocoTeredf 
dlitiibotad,  ko. 


1799,  ch.  S8. 

1797,  ch.  13. 

1800,  ch.  6. 

ProYiio. 

Statutc  I. 

April  8, 1813. 

Act  of  Feb. 
15, 1811,  ch.  21. 

Act  of  May 
S2,181S,ch.93. 


(a)  The  decisiona  of  the  Supreme  Court  on  the  extension  of  the  lawi  of  the  United  SUtee  to  Looiuana, 
and  the  practice  of  the  courts  of  the  United  States  in  the  district  of  Louisiana,  hare  been : — 

As,  by  the  laws  of  Louisiana,  questions  of  fact  in  civil  cases  are  tried  by  the  court,  unless  either  of  the 
parties  demand  a  jury,  in  an  acUon  of  debt  on  a  judgment,  the  interest  on  the  original  judgment  maybe 
computed,  and  make  part  of  the  judgment  in  Louisiana,  without  a  writ  of  inquiry,  and  the  intervention 
of  a  jury.    Mayhew  e.  Thatcher,  6  Wheat.  129;  6  Cond.  Rep.  34. 

By  the  treaty  by  which  Louisiana  was  acquired,  the  United  States  stipulated  that  the  inhabitants  of  the 
ceded  territories  should  be  protected  in  the  free  enjoyment  of  their  property.  The  United  States,  as  a 
just  nation,  regard  this  stipulation  as  the  avowal  of «  principle  which  would  have  been  held  equally  sacred, 
although  it  bad  not  been  inserted  in  the  treaty.    Soulard  et  al.  v.  The  United  Sutes,  4  Peters,  511. 

The  term  property,  as  applied  to  lands,  comprehends  every  species  of  title,  inchoate  or  complete.  It 
is  supposed  to  embrace  those  rights  which  lie  in  contract ;  those  wnich  are  ezecntory,  as  well  as  those  which 
are  executed.  In  this  respect,  the  relation  of  the  inhabitants  of  Louisiana  to  their  government,  is  not 
changed.    The  new  government  takes  the  place  of  that  which  is  passed  away.    IMd. 

By  the  provisions  of  the  acts  of  Congress,  Louisiana,  when  she  came  into  the  Union,  had  organised 
therein  a  district  court  of  the  United  States,  having  the  same  jurisdiction,  except  as  to  appeals  and  writs 
of  error,  as  the  circuit  cooru  of  the  United  Sutes  in  other  states ;  and  the  modes  of  proceeding  in  that 
court,  were  required  to  be  according  to  the  principles,  rules,  and  usages  which  belong  to  courts  of  equity, 
as  contradistinguished  from  courts  of  common  law.  And  whether  there  were  or  not,  in  the  several  states, 
courts  of  equity  proceeding  according  to  such  principles  and  usages,  made  no  difference,  according  to  the 
construction  uniformly  given  by  the  supreme  court    Livingston  v.  Story,  9  Peters,  632. 

The  provisions  of  tno  act  of  Congress  of  1824,  relative  to  the  practice  of  the  courts  of  the  United 
States  in  Louisiana,  contain  the  descriptive  term  civil  actions,  which  embrace  cases  at  law  and  in  equity  | 
and  may  be  fairly  construed  as  used  in  contradistinction  to  criminal  causes.  They  apply  equally  to  cases 
in  equity ;  and  if  there  are  any  laws  in  Louisiana,  directing  the  mode  of  proceeding  in  equifr  causes,  they 
are  adopted  by  that  act,  and  will  govern  the  practice  in  the  courts  of  the  United  States.    Ibid. 

Under  the  law  of  Louisiana,  there  are  two  kinds  of  pledges,  the  pawn  and  the  antichresis.  A  thing  ie 
said  to  be  pawned,  when  a  movable  is  given  as  a  security ;  the  antichresis  consists  of  immovables. 
Livingston  «.  Story,  11  Peters,  361. 

L.  conveyed,  in  1822,  in  fee  simple,  to  F.  and  8.,  certain  real  estate  in  New  Orleans,  by  deed,  for 

3n2 


702  TWELFTH  CONGRESS.    Sess.  I.  Ch.  50.    1812. 

Preamble.  made  at  Paris,  on  the  thirtieth  day  of  April,  one  thousand  eight  hundred 
and  three,  between  the  United  States  and  France,  contained  within  the 
following  limits,  that  is  to  say :  beginning  at  the  mouth  of  the  river 
Sabine;  thence,  by  a  line  to  be  drawn  along  the  middle  of  said  river, 
including  all  islands  to  the  thirty-second  degree  of  latitude;  thence,  due 
north,  to  the  northernmost  part  of  the  thirty-third  degree  of  north  lati- 
tude ;  thence,  along  the  said  parallel  of  latitude,  to  the  river  Mississippi; 

1813,  ch.  67.  thence,  down  the  said  river,  to  the  river  Iberville ;  4nd  from  thence, 
along  the  middle  of  the  said  river,  and  lakes  Maurepas  and  Ponchar- 
train,  to  the  gulf  of  Mexico ;  thence,  bounded  by  the  said  gulf,  to  the 
place  of  beginning,  including  all  islands  within  three  leagues  of  the 
coast ;  did,  on  the  twenty-second  day  of  January,  one  thousaiid  eight 
hundred  and  twelve,  form  for  themselves  a  constitution  and  state  go- 
vernment, and  give  to  the  said  state  the  name  of  the  state  of  Louisiana, 
Act  of  Feb.  so,  in  pursuance  of  an  act  of  Congress,  entituled  "An  act  to  enable  the 
1811,  ch.  21.  people  of  the  territory  of  Orleans  to  form  a  constitution  and  state  go- 
vernment, and  for  the  admission  of  the  said  state  into  the  Union,  on  an 
equal  footing  with  the  original  states,  and  for  other  purposes :"  And  the 

e  sum  of  mone/  paid  to  him,  and  took  from  them  a  counter-letter,  tigoed  by  them ;  by  which  it  was 
agreed,  that  on  the  payment  of  a  snm  stated  in  it,  on  a  day  stated,  the  property  should  be  recon- 
Teyed  by  them  to  Ij.;  and  if  not  so  paid,  the  property  should  be  sold  by  an  auctioneer ;  and,  after 
repaying,  out  of  the^  proceeds,  the  sum  mentioned  in  the  counter-letter,  the  balance  should  be  paid  to  L. 
The  money  was  not*  paid  on  the  day  appointed,  and  a  further  time  was  giTcn  for  its  payment,  with  addi- 
tional interest  and  charges ;  and  if  not  paid  at  the  expiration  of  the  time,  it  should  be  sold  by  an  auction- 
eer. An  agreement  was  at  the  same  time  made  by  L.,  that  the  counter-letter  should  be  delivered  up  to 
F.  and  8.,  and  cancelled.  The  mone?  not  being  paid,  it  was  again  agreed  between  the  parties,  that  if  on 
a  subsequent  day  fixed  upon,  it  shoula  not,  with  an  additional  amount  for  interest,  Itc,  be  paid,  the  pro- 
perty should  belong  absolutely  to  F.  and  S.  The  money  was  not  paid,  and  F.  and  S.  afterwards  held  the 
property  as  their  own.  The  supreme  court  held  this  transaction  to  be  an  antichresis,  according  to  the 
civil  code  of  Louisiana :  and  on  a  bill  filed  in  the  district  court  of  the  United  States,  for  the  eastern  dia> 
trict  of  Louisians,  in  1832,  decreed  that  the  rents  and  profits  of  the  estate  should  be  accounted  for  by  S., 
who  had  become  the  sole  owner  of  the  property  by  purchase  of  F.'s  mOiety,  and  that  the  property  should 
be  sold  by  an  auctioneer,  unless  the  balance  due  8.,  aAer  charging  the  sum  due  at  the  time  last  agreed 
upon  for  the  payment  of  the  money,  and  legal  interest,  with  all  the  expenses  of  the  estate,  deducting  the 
rents  and  profits,  should  be  paid  to  S.;  and  on  payment  of  the  balance  due  S.,  the  residue  should  be  paid 
to  the  legal  representative  or  L.    Ibid. 

The  antichresis  must  be  reduced  to  writing.  The  creditor  acquires  by  this  contract,  the  risht  of  reap. 
ing  the  fruits,  or  other  rewards  of  the  immovables  given  to  him  in  pledge,  on  condition  of  deducting, 
annually,  tlieir  proceeds  from  the  intereiit,  if  any  be  due  to  him,  and  afterwards  from  the  principal  of  his 
debt.  The  creditor  is  bound,  unless  the  contrary  is  agreed  on,  to  pay  the  taxes,  as  well  as  the  annual 
charges  of  the  property  given  to  him  in  pledge.  He  is  likewise  bound,  under  the  penalty  of  damages,  to 
provide  for  the  seeping  and  necessary  repairs  of  the  pledged  estate ;  and  may  lay  out,  from  the  revenues 
of  the  estate,  sufficient  for  such  expenses.    Ibid, 

The  creditor  does  not  become  proprietor  of  the  pledged  immovables,  by  the  failure  of  payment  at  the 
stated  time ;  any  clause  to  the  contrary  is  null :  ana  in  that  case,  it  is  only  lawful  for  him  to  sue  his  debtor 
before  the  court,  in  order  to  obtain  a  sentence  against  him,  and  to  cause  the  objects  which  have  been  put 
into  his  hands,  to  be  seixed  and  sold.    Ibid, 

The  debtor  cannot,  before  the  full  payment  of  his  debt,  claim  the  enjoyment  of  the  immovables  which 
he  has  given  in  pledge ;  but  the  creditor,  who  wishes  to  free  himself  from  the  obligations  under  the  anti- 
chresis, may  always,  unless  he  has  renounced  this  right,  compel  the  debtor  to  reuke  the  enjoyment  of  hie 
immovables.    Ibid, 

The  doctrine  of  prescription,  under  the  civil  law,  does  not  apply  to  this  case,  which  is  one  of  pledge  ; 
and  if  it  does,  the  time  before  the  institution  of  this  suit  had  not  elapsed,  in  which,  by  the  law  or  Louis- 
iana, a  person  may  sue  for  immovable  property.    Ibid, 

By  the  contract  of  antichresis,  the  possession  of  the  property  is  transferred  to  the  person  advancing  the 
money.  In  case  of  failure  to  pay,  the  property  is  to  be  sold  by  judicial  process :  and  the  sum  which  it 
msy  bring,  over  the  amount  for  which  it  was  pledged,  is  to  be  paid  to  the  person  making  the  pledse.    Ibid. 

tf  any  rule  has  been  made  by  the  district  court  of  Louisiana,  abolishing  chancery  practice  in  that  court, 
it  is  a  violation  of  those  rules  which  the  supreme  court  of  the  United  States  has  passed  to  regulate  the 
courts  of  equity  of  the  United  States.  Those  rules  are  as  obligatory  on  the  courte  of  the  United  States 
in  Louisiana,  as  they  are  upon  all  other  courta  of  the  United  States ;  and  the  only  modifications  or  addi- 
tions which  can  be  made  by  the  circuit  or  district  courta,  are  such  as  shall  not  be  inconsistent  with  the 
rules  prescribed.  When  the  rules  prescribed  by  the  supreme  court  do  not  apply,  the  practice  of  the  cir- 
cuit and  district  courta  shall  be  regulated  by  the  practice  of  the  high  court  or  chancery  in  England.  Story 
V.  Livingston,  13  Peters,  369. 

The  supreme  court  has  said,  upon  more  than  one  occasion,  after  mature  deliberation  upon  able  argn- 
menta  of  distinguished  counsel  against  it,  that  the  courta  of  the  United  States  in  Louisiana,  possess  equity 
powers  under  Uie  constitution  and  laws  of  the  United  States.  That  if  there  are  any  laws  in  Louisiana, 
directing  the  mode  of  procedure  in  equity  causes,  they  are  adopted  by  the  act  of  86th  Ma^,  1829 ;  and 
will  govern  the  practice  in  the  courta  of  the  United  States.  But  if  there  are  no  laws  regulating  the  prac- 
tice in  any  equity  causes,  the  rules  of  chancery  practice  in  Louisiana,  mean  the  rules  prescribed  bv  the 
supreme  court,  for  the  government  of  the  courta  of  the  United  States,  under  the  act  or  Congress  of  May 
8,  1793,  chap.  36,   sec.  2.    Ibid. 


TWELFTH  CONGRESS.    Sbss.  I.  Ch.  50.    1812. 


708 


said  constitotion  having  been  transmitted  to  Congress^  and  by  them 
being  hereby  approves ;  therefore 

Be  it  enacted  hy  the  Senate  and  House  tf  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  said  state  shall  be 
one,  and  is  hereby  declar^  to  be  one  of  the  United  States  of  America, 
and  admitted  into  the  Union  on  an  equal  footing  with  the  origina]  states, 
in  all  respects  whatever,  by  the  name  and  title  of  the  state  of  Louisiana : 
Provided,  that  it  shall  be  taken  as  a  condition  upon  which  the  said  state 
is  incorporated  in  the  Union,  that  the  river  Mississippi,  and  the  naviga- 
ble rivers  and  waters  leading  into  the  same,  and  into  the  gulf  of  Mexico, 
shall  be  common  highways,  and  for  ever  free,  as  well  to  the  inhabitants 
of  the  said  state  as  to  the  inhabitants  of  other  states  and  the  territories 
of  the  United  States,  without  any  tax,  duty,  impost  or  toll  therefor, 
imposed  by  the  said  state;  and  that  the  above  condition,  and  also  all 
other  the  conditions  and  terms  contained  in  the  third  section  of  the 
act,  the  title  whereof  is  herein  before  recited,  shall  be  considered, 
deemed  and  taken,  fundamental  conditions  and  terms,  upon  which  the 
said  state  is  incorporated  in  the  Union. 

Sec.  2.  And  be  it  further  enacted,  That  until  the  next  general 
census  and  apportionment  of  representatives,  the  said  state  shall  be  entir 
tied  to  one  representative  in  the  House  of  Representatives  of  the  United 
States ;  and  that  all  the  laws  of  the  United  States,  not  locally  inappli- 
cable, shall  be  extended  to  the  said  state,  and  shall  have  the  same  force 
and  effect  within  the  same,  as  elsewhere  within  the  United  States. 

Sec.  3.  And  be  it  further  enacted.  That  the  said  state,  together  with 
the  residue  of  that  portion  of  country  which  was  comprehended  within 
the  territory  of  Orleans,  as  constituted  by  the  act,  entituled  "An  act 
erecting  Louisiana  into  two  territories,  and  providing  for  the  temporary 
government  thereof,"  shall  be  one  district,  and  be  called  the  Louisiana 
district ;  and  there  shall  be  established  in  the  said  district,  a  district 
court,  to  consist  of  one  judge,  who  shall  reside  therein,  and  be  called 
the  district  judge ;  and  there  shall  be,  annually,  four  stated  sessions  of 
the  said  court  held  at  the  city  of  Orleans ;  the  first  to  commence  on  the 
third  Monday  in  July  next,  and  the  three  other  sessions  progressively, 
on  the « third  Monday  of  every  third  calendar  month  thereaAer.  The 
said  judge  shall,  in  all  things,  have  and  exercise  the  same  jurisdiction 
and  powers  which,  by  the  act,  the  title  whereof  is  in  this  section  recited, 
were  given  to  the  district  judge  of  the  territory  of  Orleans ;  and  he  shall 
be  allowed  an  annual  compensation  of  three  thousand  dollars,  to  be  paid 
quarter  yearly  at  the  treasury  of  the  United  States.  The  said  judge 
shall  appoint  a  clerk  of  the  said  court,  who  shall  reside,  and  keep  the 
records  of  the  court,  in  the  city  of  Orleans,  and  shall  receive  for  the 
services  performed  by  him,  the  same  fees  heretofore  allowed  to  the  clerk 
of  the  Orleans  territory. 

Sec.  4.  And  be  it  further  enacted.  That  there  shall  be  appointed  in 
the  said  district,  a  person  learned  in  the  law,  to  act  as  attorney  for  the 
United  States,  who  shall,  in  addition  to  his  stated  fees,  be  paid  six  hun- 
dred dollars,  annually,  as  a  full  compensation  for  all  extra  services. 
There  shall  also  be  appointed  a  marshal  for  the  said  district,  who  shall 
perform  the  same  duties,  be  subject  to  the  same  regulations  and  penalties, 
and  be  entitled  to  the  same  fees  to  which  marshals  in  other  districts  are 
entitled  for  similar  services ;  and  shall,  moreover,  be  paid  two  hundred 
dollars,  annually,  as  a  compensation  for  all  extra  services. 

Sec.  5.  And  be  it  further  enacted,  That  nothing  in  this  act  shall  be 
construed  to  repeal  the  fourth  section  of  an  act,  entituled  "An  act  for 
laying  and  collecting  duties  on  imports  and  tonnage  within  the  terri- 
tories ceded  to  the  United  States,  by  the  treaty  of  the  thirtieth  of  April, 
one  thousand  eight  hundred  and  three,  between  the  United  States  and 


Loaiiiasa   to 
be  admitted  into 
the  Union,  at  an 
independent 
•Ute. 


ProTiio. 


Act  of  April 
14,181S,eh.67. 


To  haTo  one 
repretentatiTe 
in  the  House  of 
Repreaentativea 
till  otherwiae 
proTided. 

Laws  of  the 
United  Sutee  to 
be  in  force 
there. 

Loaisiana 
made  a  judicial 
district. 

Act  of  March 
S6,1804,ch.38. 


Terms  of  the 
court. 


Salary  of  the 
judges,  <cc.  <cc. 


AttomcY  to  be 
appointed. 


Marshal  also. 


Salary  of  the 
marshal. 

This  act  not 
to  produce  the 
repeal  of  a  for- 
mer one. 

1804,  ch.  13. 


704 


TWELFTH  OONaRESS.    Sua.  I.  Ch.  63, 64.    1812. 


Statutx  I« 
April  8,  181S. 


Act   of  Jan. 
Il,1812,ch.l4. 


the  French  republic;  and  for  other  purposes;"  and  that  the  collection 
district  shall  be  and  remain  as  thereby  established. 

Sec.  6.  And  be  it  further  enacted.  That  this  act  shall  commence 
and  be  in  force  from  and  after  the  thirtieth  day  of  April,  eighteen  hun- 
dred and  twelve. 

Approved,  April  8, 1812. 


Statutx  I. 
AprU10,1813. 


Officera  and 
■oldtera  to  re. 
ceiTO  compen. 
•ation  as  allow- 
ed  to  militia 
called  into  ac- 
tual aerTice. 


Pensiont  to 
woaaded  offi- 
cera and  tol- 
diera  and  to  the 
familiea  of  aach 
tkUled. 


In  case  of 
death  or  mar- 
riage of  widow, 
half  pension  to 
go  to    children 
under  sixteen 
yean. 


Chap.  Lin.«%^n  Jiet  in  addition  to  the  act  eniitukd  *^An  att  to  raiu  an  add** 
tional  ndUtary  foru^^^  paued  January  the  eleventh^  one  thouaand  eight  hundred 
and  iwehe. 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  the  President  of  the 
United  States  be,  and  he  hereby  is  empowered  to  cause  to  be  enlisted 
for  the  term  of  eighteen  months,  unless  sooner  discharged,  such  part  of 
the  light  dragoons,  artillery  and  infantry,  authorized  by  the  act,  entituled 
"An  act  to  raise  an  additional  military  force,"  as  he  may  deem  expedi- 
ent :  Provided,  the  whole  number,  so  to  be  enlisted  for  eighteen  months, 
shall  not  exceed  fifteen  thousand,  any  thing  in  the  said  recited  act  to  the 
contrary  notwithstanding. 

Sec.  2.  Ajnd  he  it  further  enacted.  That  the  non-commissioned 
officers,  musicians  and  privates,  so  to  be  enlisted,  shall  be  entitled  to 
the  bounty  of  sixteen  dollars,  and  the  same  pay,  clothing  and  rations, 
the  same  provisions  for  wounds  or  disabilities,  and  to  all  other  allow- 
ances (the  bounty  in  land  excepted)  provided  by  the  said  before  recited 
act,  for  the  non-commissioned  officers,  musicians  and  privates,  who  may 
be  raised  under  the  same,  and  shall  be  held  to  perform  the  same  duties, 
and  be  subject  to  the  same  rules  and  regulations. 

Approved,  April  8, 1812. 


Chap.  hW.—Jlln  AU  for  the  reJirf  cf  the  officers  and  soldiers  who  served  in  the 
kUe  campatgn  on  the  Wabash, 

Be  a  enacted  hy  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  the  officers,  according 
to  the  rank  assigrned  them  by  Governor  Harrison,  and  which  they  held 
on  the  seventh  day  of  ]>^ovember,  one  thousand  eight  hundred  and 
eleven,  the  non-commissioned  officers  and  soldiers  of  the  volunteers  and 
militia,  and  the  legal  representatives  of  those  who  were  killed  or  died 
of  their  wounds,  composing  the  army  that  served  in  the  late  campaign 
on  the  Wabash  against  the  hostile  Indians,  shall  receive  the  same  com- 
pensation which  is  allowed  by  law  to  the  militia  of  the  United  States 
when  called  into  the  actual  service  of  the  United  States. 

Sec.  2.  And  be  it  further  enacted.  That  the  officers,  according  to 
the  rank  which  they  held  as  aforesaid,  the  non-commissioned  officers 
and  soldiers,  of  the  volunteers  or  militia,  who  served  in  the  said  cam- 
paign, and  who  were  killed  or  died  of  wounds  received  in  said  service, 
leaving  a  widow,  or  if  no  widow,  shall  have  left  a  child  or  children, 
under  the  age  of  sixteen  years,  such  widow,  or  if  no  widow,  such  child 
or  children,  shall  he  entitled  to,  and  receive  the  half  of  the  monthly  pay 
to  which  the  deceased  was  entitled  at  the  time  of  his  death,  or  receiving 
the  wound  of  which  he  died,  for  and  during  the  term  of  five  years ;  and 
in  case  of  the  death  or  intermarriage  of  such  widow,  before  the  expira- 
tion of  the  term  of  five  years,  the  half  pay,  for  the  remainder  of  the  term, 
shall  go  to  the  child  or  children  of  such  deceased  officer  or  soldier, 
whilst  under  the  age  of  sixteen  years;  and  in  like  manner  the  allow- 
ance to  the  child  or  children  of  such  deceased,  where  there  is  no  widow, 
shall  be  paid  no  longer  than  while  there  is  a  child  or  children  under  the 


TWELFTH  CONGRESS.    Sm.  I.  Cb.  56.    1813. 


706 


•ge  aforesaid :  Provided,  that  no  greater  sum  shall  be  allowed  in  any 
case  to  the  widow  or  to  the  child  or  children  of  any  officer  than  the 
half  pay  of  a  lieutenant  colonel. 

Sf c.  3.  And  he  U  further  enacted.  That  every  officer,  according  to 
the  rank  which  he  held  as  aforesaid,  non-commissioned  officer  and 
private,  of  the  volunteers  and  militia,  who  served  in  the  said  campaign, 
and  who  have  been  disabled  by  known  wounds  received  in  said  service, 
shall  be  placed  on  the  list  of  invalids  of  the  United  States,  at  such  rate 
of  pension  as  shall  be  directed  by  the  President,  of  the  UnitCNd  States, 
upon  satisfactory  proof  of  such  wound  and  disability  being  produced  to 
thie  Secretary  of  War,  agreeably  to  such  rules  as  he  may  prescribe:  Pro* 
vided,  that  the  rate  of  compensation  for  such  wounds  and  disabilities 
shall  never,  for  the  highest  disability,  exceed  half  the  monthly  pay  of 
such  officer,  at  the  time  of  being  so  wounded  or  disabled,  and  that  the 
rate  of  compensation  to  a  non-commissioned  officer  and  private,  shall 
never  exceed  five  dollars  per  month;  and  all  inferior  disabilities  shall 
entitle  the  person  so  disabled,  to  receive  a  sum  in  proportion  to  the  high- 
est disability;  but  no  pension  of  a  commissioned  officer  shall  be  calcu- 
lated at  a  higher  rate  than  the  half  pay  of  a  lieutenant  colonel. 

Sec.  4.  And  he  it  further  enacted,  That  any  person  or  persons  be- 
longing to  the  said  army,  who  may  have  had  a  horse  or  horses  killed  or 
lost  during  the  late  battle  on  the  Wabash,  shall  be  entitled  to,  and 
receive  the  value  thereof:  Pnmded,  that  the  proof  of  the  value  of  such 
horse  or  horses  shall  be  by  affidavit  of  the  quartermaster  of  the  corps  to 
which  the  owner  may  have  belonged,  or  of  two  other  credible  witnesses. 

Sec.  5.  And  he  it  further  enacted.  That  to  the  heirs  or  legal  repre- 
sentatives of  every  person  who  was  killed,  and  to  every  person  who  was 
wounded  in  the  said  campaign,  who  were  purchasers  of  public  lands  of 
the  United  States,  and  whose  lands  had  not,  before  the  seventh  of 
November,  one  thousand  eight  hundred  and  eleven,  been  actually  sold 
or  reverted  to  the  United  States,  for  the  non-payment  of  part  of  the  pur- 
chase money,  a  further  time  of  three  years  shall  be  allowed,  in  addition 
to  the  time  allowed  by  former  laws,  to  complete  their  payments;  which 
further  time  of  three  years  shall  commence  from  the  respective  times 
whpn  their  payments  should  have  been  completed  according  to  former 
laws. 

Approtu>,  April  10,  1812. 


Limitttioii  of 
tmoant. 


P«ouoiiitob€ 
in  proportion  to 
the  woanid«,fco. 


Coinponntion 
for  diMlnlitiea 
not  to  exceed 
hilf  monthly 

p*y. 


Hones  kiUed 
in  the  battle  of 
the  Wabuh  to 
be  paid  for. 


Farther  time 
giTen  to  such  as 
were  wounded, 
or  to  the  repre- 
•entativea  of 
those  killed  to 
mfthe  pavment 
for  poblic  lands. 


Statute  I. 

April  10, 1812. 

[Expired.] 


Chap.  L V«— ^n  Jet  to  authorize  a  detachment  from  the  MiUiia  af  the  United 

8tate».{a) 

Be  it  enacted  hy  the  Senate  and  House  ofRmreseniativu  of  the  United 
States  of  America  in  Congress  assembled.  That  the  President  of  the 

(a)  A  justice  of  the  peace,  in  the  District  of  Colambia,  is  an  officer  of  the  government  of  the  United 
Sutei,  and  ia  exempt  from  militia  doty.    Wise  v.  Withers,  S  Cranch,  331  ^  1  Cond.  Rep.  668. 

The  coart  martial  has  not  exdosive  jnrisdiction  of  that  qaestion,  and  its  sentence  is  not  coneloaiTe. 
J6<d. 

Treapass  lies  against  a  collector  of  militia  finea,  who  distrains  for  a  fine  imposed  by  a  coart  martial, 
npon  a  peraon  not  liable  to  be  enrolled  in  the  militia;  the  coart  martial  having  no  jarisdiction  in  sach 
cases.    Ibid. 

The  act  of  the  state  of  Pennsylvania  of  28th  March,  1814,  providing,  by  the  21  st  section,  that  the  offi. 
cers  and  privates  of  the  militia  of  Pennsylvania,  neglecting  or  refusing  to  serve  when  called  into  actual 
service,  in  pursuance  of  any  order  or  requisition  of  the  President  of  the  United  States,  shall  be  liable  to 
the  penalties  defined  in  the  act  of  Congress  of  28th  February,  1706,  chap.  36,  or  to  any  penalty  which 
may  be  imposed  since  the  date  of  the  set,  or  which  may  hereafter  be  prescribed  by  sny  law  of  the  United 
States;  and  also  providing  for  the  trial  of  such  delinquents  by  a  state  court  martial,  and  that  a  list  of  the 
delinquents  fined  by  such  court,  should  be  furnished  to  the  marshal  of  the  United  States,  and  also  to  the 
comptroller  of  the  treasury  of  the  United  States,  in  order  that  the  farther  proceedinn  directed  to  be  had 
thereon  by  the  laws  of  the  United  States  might  be  completed  ;  is  not  repugnant  to  the  laws  and  the  con- 
stitution of  the  United  States.    Houston  «.  Moore,  6  Wheat.  1 ;  4  Cond.  Rep.  689. 

The  act  of  February  28,  1796,  chap.  36,  to  provide  for  calling  forth  the  militia  to  execute  the  laws  of 
the  Union,  to  suppress  insurrections  and  repel  invasions,  is  within  the  constitutional  authority  of  Congress. 
MarUn  v.  Mott,  12  Wheat.  19;  6  Cond.  Rep.  410. 

Vol,  II.— 89 


706  TWELFTH  CONGRESS.    Sem.  L  Ch.  55*    1812. 

Pendent  tn.   United  States  be,  and  he  is  hereby  authorized  to  require  of  the  execu- 
n]^n*SeMeca-   ^'^^  ®^  ^^^  several  sUtes  and  territories,  to  take  effectual  measures  to 
tivea  for  their   organize,  arm  and  equip,  according  to  law,  and  hold  in  readiness  to  march 
qaotu  of  militia   at  a  moment's  warning,  their  respective  proportions  of  one  hundred  thou- 
Md  armed'.'*'**^   sand  militia,  officers  included,  to  be  apportioned  by  the  President  of  the 
United  States,  from  the  latest  militia  returns  in  the  department  of  war; 
and,  in  cases  where  such  returns  have  not  been  made,  by  such  other 
data  as  he  shall  judge  equitable. 
mufSr^how*  to       ^^^'  ^'  ^^^  ^^  ^  Jurther  enacted.  That  the  detachment  of  militia 
fa«  officeretT:       aforesaid,  shall  be  officered  out  of  the  present  militia  officers,  or  others, 
general  officera   at  the  option  and  discretion  of  the  constitutional  authority  in  the  respec- 
tobcapporUon.    ^jy^  States  and  territories;  the  President  of  the  United  States  apportion- 
ing the  general  officers  among  the  respective  states  and  territories,  as  he 
Pay  and  ra.   niay  deem  proper:  and  the  commissioned  officers  of  the  militia,  when 
^?<>*of^eco™-   called  into  actual  service,  shall  be  entitled  to  the  same  pay,  rations  and 
nuMioned   offi-   emoluments  as  the  officers  of  the  army  of  the  United  Slates. 

Term  of  ser-  Sec.  3.  And  be  it  Jitrther  enacted,  That  the  said  detachment  shall  not 
Tice  of  the  de-  be  compelled  to  serve  a  longer  time  than  six  months  afler  they  arrive  at 
exceed °8ix**'  *^  the  place  of  rendezvous;  and  during  the  time  of  their  service  the  non- 
montha :  uon-     commissioned  officers,  musicians  and  privates,  shall  be  entitled  to  the 

The  PreaideDt  is  the  sole  and  exclusive  judge  whether  the  exigency  has  arisen,  in  which  he  is  aothorixed 
to  call  out  the  militia.    Ibid, 

Where  a  party  justi6es,  in  an  action  against  him,  under  the  orders  of  the  President  calling  out  the 
militia,  it  is  not  necessary  that  he  should  aver  in  his  pleadings,  that  the  exigency  had  actually  occurred  ; 
it  is  sufficient  that  the  President  has  so  decided,  and  has  issued  his  orders ;  and  if  the  ikct  of  the  exist- 
ence of  the  exigency  were  averred,  it  might  he  traversed.    Ibid, 

Nor  is  it  necessary  to  set  forth  the  orders  of  the  President  at  large ;  it  is  sufficient  to  stato  that  the  call 
made  by  the  governor  of  the  state  was  in  obedience  to  the  orders  of  the  President    Ibid, 

A  requisition  from  the  President  upon  the  governor,  is  an  order,  in  leaal  intendment.    Ibid, 

A  militia  man  who  refuses  to  obey  the  order  of  the  President,  calling  nim  into  public  service,  is  liaUa 
to  be  tried  for  the  offence,  under  the  fith  section  of  the  act  of  1795.    Ibid, 

The  64th  of  the  rules  and  articles  of  war,  enacted  by  the  act  of  April  10,  1806,  chap.  30,  which 
provides  that  general  courts  martial  may  consist  of  any  number  of  commissioned  officers,  from  five  to 
thirteen  inclusively,  but  they  shall  not  consist  of  less  than  thirteen  where  that  number  can  be  convened 
without  manifest  injury  to  the  service,  being  in  a  matter  submitted  to  his  sound  discretion,  is  concloaave. 
Ibid. 

This  article,  however,  is  not  obligatory  in  cases  where  the  court  martial  is  convened  to  try  militia, 
men  who  have  neglected  to  obey  the  orders  of  the  President,  calling  them  into  public  service.    Ihid. 

Where  there  is  no  positive  statutory  regulation  as  to  the  number  of  persons  of  whom  the  court  is  to  be 
constituted,  reference  must  be  had  to  the  general  usage  of  the  military  service,  or  what  may  be  called 
the  customary  military  law.    Ibid. 

Courto  martial,  when  duly  organised,  are  bound  to  execute  their  duties,  and  regulate  their  modes  of 
proceeding  by  this  customary  military  law  in  the  absence  of  positive  enactment.    Ibid, 

In  a  case  out  of  the  operation  of  the  articles  of  war,  the  sentence  of  a  court  martial,  which  has  been 
approved  by  the  President,  is  sufficiently  approved.    llfid, 

A  court  martial  regulari^  called  under  tne  act  of  1795,  does  not  expire  with  the  termination  of  the 
war  then.existing ;  nor  is  its  jurisdiction  to  try  offences  in  any  way  dependent  upon  the  &et  of  war  or 
peace.    Ibid. 

Where,  in  an  action  of  replevin,  the  defendant  being  a  deputy  marshal  of  the  United  States,  avowed 
and  justified  the  taking  of  the  plaintiff's  goods,  by  virtue  of  a  warrant  issued  to  the  marshal  of  the  dia- 
trict,  to  collect  a  fine  imposed  oy  the  judgment  of  a  court  martial,  described  as  a  general  court  martial, 
composed  of  officers  of  the  militia  of  the  state  of  New  York,  in  the  service  of  the  United  SUtes,  (six  in 
numoer,  and  naming  them,)  duly  organised  and  convened  by  general  orders  issued  pursuant  to  the  act  of 
Congress  of  February;  28,  1795,  chap.  36,  for  the  trial  of  those  of  the  militia  of  the  sUte  of  New  York, 
ordered  into  the  service  of  the  United  Stetes,  in  the  third  militery  district,  who  had  refused  to  rendesvons 
and  enter  into  the  service  of  the  United  Sutes,  in  obedience  to  the  order  of  the  commander  in  chief  of 
the  state  of  New  York,  of  the  4th  and  29th  of  August,  1814,  issued  in  compliance  with  the  re<^uisition  of 
the  President,  made  in  pursuance  of  the  same  act  of  Congress  ;  and  alleging  that  the  plaintiff  being  a 
private  in  the  militia,  neglected  and  refused  to  rendesvous,  &c.;  and  was  regularly  tried  by  the  Mid 
general  court  martial,  and  duly  convicted  of  the  said  delinquency:  Held,  that  the  avowry  was  good. 
Ibid. 

Alien  enemies,  who  had  enrolled  themselves  as  volunteers,  and  been  accepted  by  the  President,  under 
the  act  of  February  6th,  1812,  chap.  81,  are  not  entitled  to  a  discharge  on  the  ground  of  such  alienage; 
there  being  no  law  enjoining  the  Preaident  from  accepting  their  services.  Wuson  et  al.  v.  Ixard  et  aL, 
Paine*s  C.  C.  R.  68. 

It  seems  that  the  President  had  a  right  to  accept  volunteers  to  serve  at  a  particular  post,  as  well  at  for 
general  service ;  the  act  being  silent  on  the  subject :  at  any  rate,  he  had  a  discretion  on  the  subject,  not 
to  he  controlled  by  a  court  of  justice.    Ibid. 

The  insertion  in  the  enrolment,  of  the  officer's  name,  under  whom  the  volunteers  were  to  serve,  was 
meant  merely  to  ascertain  the  post  where  they  were  to  serve,  bv  designatinff  ite  commander ;  and  not  to 
attach  them  to  his  personal  command,  so  that  he  could  not  be  changed.    Imd. 


TWELFTH  CONGRESS.    Sebs.  I.  Ch.  66.    1812. 


TOT 


same  pay  and  rations  as  is  provided  by  law  for  the  militia  of  the  United 
States  when  called  into  actual  service. 

Sec.  4*  And  be  it  further  enacted^  That  the  President  of  the  United 
States  be,  and  he  hereby  is  authorized  to  call  into  actual  service  any 
part,  or  the  whole  of  said  detachment,  in  all  the  exigencies  provided  by 
the  constitution;  and  the  officers,  non-commissioned  officers,  musicians 
and  privates  of  the  said  detachment  shall  be  subject  to  the  penalties  of 
the  act,  entituled  "An  act  for  calling  forth  the  militia  to  execute  the 
laws  of  the  Union,  suppress  insurrections  and  repel  invasions,  and  to 
fepeal  the  act  now  in  force  for  those  purposes,  passed  the  twenty-eighth 
day  of  February,  one  thousand  seven  hundred  and  ninety-five;"  and  if  a 
part  only  of  said  detachment  shall  be  called  into  actual  service,  they 
shall  be  taken  from  such  part  thereof,  as  the  President  of  the  United 
Sutes  shall  deem  proper. 

Sec.  5.  And  be  it  further  enacted,  That  no  non-commissioned  officer, 
musician  or  private  belonging  to  the  aforesaid  detachment  of  militia, 
who  shall  be  ordered  into  actual  service  by  the  President  of  the  United 
States,  shall  be  subject  to  corporal  punishment  by  whipping,  any  thing 
contained  in  any  act  to  the  contrary  notwitlistanding. 

Sec.  6.  And  be  it  Jurther  enacted.  That  in  lieu  of  whipping,  as  pro- 
vided by  several  of  the  rules  and  articles  of  war,  as  now  used  and  prac- 
tised, stoppage  of  pay,  confinement  and  deprivation  of  part  of  the  rations 
shall  be  substitute  in  such  manner  as  is  herein  after  provided. 

Sec.  7.  And  be  it  further  enacted.  That  any  non-commissioned  offi- 
cer or  private  belonging  to  the  aforesaid  detachment  of  militia,  who 
shall,  while  in  actual  service,  be  convicted  before  any  court  martial  of 
any  offence,  which  before  the  passing  of  this  act  might  or  could  have 
subjected  such  person  to  be  whipped,  shall,  for  the  first  offence,  be  put 
under  such  stoppages  of  pay  as  such  court  martial  shall  adjudge,  not 
exceeding  the  one  half  of  one  month's  pay  for  any  one  offence;  but  such 
offender  may,  moreover,  at  the  discretion  of  such  court  martial,  be  con- 
fined under  guard,  on  allowance  of  half  rations,  any  length  of  time,  not 
exceeding  ten  days  for  any  one  offence,  or  may,  at  the  discretion  of  such 
court  martial,  be  publicly  drummed  out  of  the  army. 

Sec.  8.  And  be  it  further  enacted.  That  the  sum  of  one  million  of 
dollars  be,  and  the  same  is  hereby  appropriated,  to  be  paid  out  of  any 
monies  in  the  treasury  not  otherwise  appropriated,  towards  defraying  any 
expense  incurred  by  virtue  of  the  provisions  of  this  act 

Sec.  9.  And  be  it  further  enacted.  That  this  act  shall  continue  and  be 
in  force  for  the  term  of  two  years  from  the  passing  thereof,  and  no  longer. 

Approved,  April  10,  1812. 


commiMioned 
ofliceri,  lU:.  ftc. 
tiieir  pay,  emol. 
nmentB,  &c.  &c. 
Presideot  may 
call  oat    the 
whole  or  part 
of  the  detach, 
ment  into  actual 


1796,ch.S6. 


No  officer  or 
aoldier  ahall  be 
liable  to  panish* 
ment  by  whip, 
ping. 


Whipping 
aboliahed,  fcc. 
other  puniah. 
meota  aubati. 
tnted. 

Non-commia. 
aioned  officera, 
how  puniahable. 


ed. 


toppage 
and  coi 


confln* 


Specific  ap- 
propriation. 


Commence, 
ment  and  term!, 
nation    of   this 
act.. 

Statute  I. 
April  14, 1818. 


Chap.  LY L— «to  Jki  to  prohibit  the  exportation  of  tpede^  goode^  waree  and  mer* 
ehandiaCf  for  a  limited  time,(a) 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United      Eiportation 
States  of  America  in  Congress  assembled.   That  it  shall  not  be  lawful,   of  apecie  and 

(a)  Upon  an  indictment  under  the  non-intercoarse  lawa  for  putting  gooda  on  board  a  carriage,  with 
intent  to  tranaport  them  out  of  the  United  Statea,  contrary  to  the  act  of  January  9th,  1800,  the  puniah- 
ment  of  which  offence  ia  a  fine  of  four  timea  the  Talue  of  the  gooda ;  it  ia  not  neceaaaiy  that  the  jury 
ahonid  find  the  value  of  the  gooda.     United  Sutea  v.  John  Tyler,  7  Cranch,  885 ;  2  Cond.  Rep.  492. 

Under  the  non-interconrae  law,  a  Teaael,  in  March,  1811,  had  no  right  to  come  into  the  watera  of  the 
United  Sutea,  to  inquire  whether  ahe  migt^  land  her  cargo.  The  Brig  Penobacot  «.  The  United  Statea, 
7  Cranch,  366 ;  2  Cond.  Rep.  628. 

Winea,  the  produce  of  France,  imported  into  the  United  Statea  before  the  non-intercourae  act,  re* 
exported  to  a  Danish  ialand,  there  aold  to  a  merchant  of  that  place,  and  thence  exported  to  New  Orleana 
during  the  operation  of  that  act  of  Congrons,  were  liable  to  forreiture  under  that  law.  The  Schooner 
Hoppet  o.  The  United  Sutea,  7  Cranch,  389 ;  2  Cond.  Rep.  542. 

The  non-intercourae  act  of  March  lat,  1809,  waa  in  force  between  the  2d  of  February,  and  2d  of 
March,  1811,  by  virtue  of  the  Preaident'a  proclamation  of  November  2d,  1810.  Schooner  Abm  9.  TM 
United  Sutei,  7  Cranch,  670  {  2  Cond.  Rep.  Sll. 


706 


TWELFTH  CONGRESS.    Sem.  L  Cil  St.    1812. 


goods  of  foreigB 

■ftooftetofo 

Ibrbiddmi. 

Act  of  April 
4,1811,  eh.  40. 


1813,  eb.  40. 

Any  portion 
of  die  lend  or 
aevel  force  of 
die  United 
SUtet  may  be 
employed  to 
prevent  a  tio- 
letion  of  the 
embargo. 


Penahiea,  <cc. 
fco.  how  to  be 
reeoTered. 


1813,  eh.  4B. 


during  the  eontinaance  of  the  act,  entitoled  ^An  act  laying  an  embargD 
on  all  the  ships  and  vessels  in  the  ports  and  harbors  of  the  United  States, 
for  a  limited  time/'  to  export  from  the  United  States  or  the  territories 
thereof,  in  any  manner  whatever,  any  specie,  nor  any  goods,  wares  or 
merchandise  of  foreign  or  domestic  growth  or  manufactore;  and  if  anj 
person  shall,  with  intent  to  evade  this  law,  export  or  attempt  to  export 
any  specie,  goods,  wares  or  merchandise  from  the  United  States  or  the 
territories  thereof,  either  by  land  or  water,  such  specie,  goods,  wares  and 
merchandise,  together  with  the  vessel,  boat,  raft,  cart,  wagon,  sleigh  or 
other  carriage  in  which  the  same  shall  have  been  exported  or  attempted 
to  be  exported,  shall,  together  with  the  tackle,  aj^ard,  horses,  moles 
and  oxen,  be  forfeited,  and  the  owner  or  owners  of  snch  specie,  goods, 
wares  or  merchandise,  and  every  other  person  knowingly  concerned  in 
snch  prohibited  exportation,  on  conviction  thereof,  shall  each  respeetivelj 
forfeit  and  pay  a  sum  not  exceeding  ten  thousand  dollars  for  every  such 
offence:  Provided  however ^  that  nothing  in  this  section  contained,  shall 
be  construed  to  prevent  the  departure  of  vessels,  which  according  to  the 
act  last  above  mentioned,  are  or  may  be  permitted  to  depart  in  the  man- 
ner and  under  the  restrictions  provided  by  the  said  act 

Sec.  2.  And  he  it  further  enacted.  That  it  shall  be  lawful  for  the 
President  of  the  United  States,  or  such  other  person  as  he  shall  have 
empowered  for  that  purpose,  to  employ  any  part  of  the  land  or  naval 
forces,  or  militia  of  the  United  States  or  of  the  territories  thereof  as 
may  be  judged  necessary,  for  the  purpose  of  preventing  the  illegal 
departure  of  any  ship  or  vessel,  or  the  illegal  exportation  of  any  specie,  or 
of  any  goods,  wares  or  merchandise,  contrary  to  the  provisions  of  this, 
or  of  the  last  above  mentioned  act,  and  for  the  purpose  of  detaining, 
taking  possession  of,  and  keeping  in  custody,  any  such  ship  or  vessel, 
specie,  goods,  wares  or  merchandise. 

Sec.  3.  And  he  it  further  enacted^  That  all  penalties  and  forfeitures, 
incurred  by  virtue  of  this  act,  shall  and  may  be  prosecuted,  sued  for, 
recovered  and  distributed,  and  may  be  mitigated  and  remitted  in  the 
manner  provided  by  the  act,  entituled  "An  act  laying  an  embargo  on  all 
the  ships  and  vessels  in  the  ports  and  harbors  of  the  United  States  for  a 
limited  time,"  and  also,  that  the  penalties  and  forfeitures  incurred  by 
virtue  of  this  act  may  be  recovered  subsequently  to  the  expiration  there- 
of, in  the  same  manner  as  if  this  act  had  continued  in  full  force  and 
virtue. 

Approved,  April  14,  1812. 


SVATtTTI  I. 

April  U,  1813. 

Act  of  Feb. 
15,l8n,ch.U. 

Act  of  April 
8, 1813,  cb.  50. 

Limits  of  the 
atate  enlarged. 


Chap.  LVIL— »tffi  M  to  enlarge  the  Undte  tf  the  etaie  ffLownam^ 

Beit  enacted  hy  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assenUfled,  That  in  case  the  legislature  of 
the  state  of  Louisiana  shall  consent  thereto,  all  that  tract  of  country 
comprehended  within  the  following  bounds,  to  wit:  Beginning  at  the 
junction  of  the  Iberville,  with  the  river  Mississippi;  thence  uong  the 
middle  of  the  Iberville,  the  river  Amite,  and  of  the  lakes  Maurepas  and 
Pontchartrain  to  the  eastern  mouth  of  the  Pearl  river;  thence  up  the 

The  BOD-intereoarte  act  of  the  38th  of  Jane,  1809,  which  requires  a  Tessel  bound  to  a  permitted  port 
to  give  bond  in  doable  the  amount  of  vessel  and  cargo  not  to  go  to  a  probibited  port,  is  applicable  to  a 
vessel  sailing  in  ballast.    The  Ship  Richmond  v.  The  United  States,  9  Cranch,  108 ;  3  Cond.  Rep.  394. 

Under  the  non-intercourse  act  of  1809,  a  vessel  fVom  Great  Britain  had  a  right  to  lay  off  the  coast  of 
the  United  States,  to  receive  instructions  firom  her  owners  in  New  York ;  and,  if  necessary,  to  drop  an- 
chor:  and,  in  case  of  a  storm,  to  make  a  harbor:  and  if  prevented  by  a  mutiny  of  her  crew,  from  pat- 
ting  out  to  sea  again,  she  might  wait  in  the  waters  of  the  United  States,  for  orders.  The  United  Statee 
V.  The  Cargo  of  the  Ship  Fannr ;  Jennings,  Master,  9  Cranch,  181 ;  3  Cond.  Rep.  347. 

Under  the  third  secUon  of  the  act  of  Congress  of  the  38th  of  June,  1809,  every  vessel  bound  to  a 


foreign  permitted  port,  was  obliged  to  give  a  bond,  with  a  condition  not  to  proceed  to  any  port  with  which 
eommeroial  intercourse  was  not  permitted,  nor  to  trade  with  such  port.    The  Edward  |  Scott,  i 
1  Wheat.  361 }  8  Cond.  Rep.  665. 


TWELFTH  CONGRESS.    Sem.  I.  Cu.  5&    1812. 


709 


eafltem  branch  of  P«arl  river  to  the  thirty-first  degree  of  north  latitude; 
thence  alon^  the  said  degree  of  latitude  to  the  river  Mississippi;  thence 
down  the  said  river  to  the  place  of  beginning,  shall  become  and  form  a 
part  of  the  said  state  of  lK>uisiana,  and  be  subject  to  the  constitution 
and  laws  thereof,  in  the  same  manner,  and  for  all  intents  and  purposes  as 
if  it  had  been  included  within  the  original  boundaries  of  the  said  state. 

Sec.  2.  And  be  it  Jurther  enacted^  That  it  shall  be  incumbent  upon 
the  legislature  of  the  state  of  Louisiana,  in  case  thej  consent  to  the 
incorporation  of  the  territory  aforesaid,  within  their  limits,  at  their  first 
session,  to  make  provision  by  law  for  the  representation  of  the  said  terri- 
tory in  the  legislature  of  the  state,  upon  the  principles  of  the  constitution, 
and  for  the  securing  to  the  people  of  the  said  territory,  equal  rights, 
privileges,  benefits  and  advantages  with  those  enjoyed  by  the  people  of 
the  other  parts  of  the  state ;  which  law  shall  be  liable  to  revision,  modifi- 
cation and  amendment  by  Congress,  and  also  in  the  manner  provided 
for  the  amendment  of  the  state  constitution,  but  shall  not  be  liable  to 
change  or  amendment  by  the  legislature  of  the  state. 

Approved,  April  14,  1812. 


Chap.  LVIII, — An  Jet  giving  further  time  for  regietering  elaimt  to  land  in  the 
eastern  diitrtet  of  ike  territory  ^  Orleans, 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  every  person  or  per- 
sons claiming  lands  in  the  eastern  district  of  the  territory  of  Orleans, 
who  are  actual  settlers  on  the  land  which  they  claim,  and  whose  claims 
have  not  been  heretofore  filed  with  the  register  of  the  land-office  for  the 
said  district,  shall  be  allowed  until  the  first  day  bf  November  next  to 
deliver  notices  in  writing,  and  the  written  evidences  of  their  claims,  to 
the  register  of  the  land-office  at  New  Orleans ;  and  the  notices  and  evi- 
dences so  delivered,  within  the  time  limited  by  this  act,  shall  be  recorded 
in  the  same  manner,  and  on  payment  of  the  same  fees,  as  if  the  same 
had  been  delivered  before  the  first  day  of  July,  one  thousand  eight  hun- 
dred and  eight;  but  the  rights  of  such  persons  as  shall  neglect  so  doing 
within  the  time  limited  by  this  act,  shall,  so  far  as  they  are  derived  from, 
or  founded  on,  any  act  of  Congress,  ever  afler  be  barred  and  become 
void|  and  the  evidences  uf  their  claims,  never  afler  admitted  as  evidence 
in  any  court  of  the  United  States,  against  any  grant  derived  from  the 
United  States. 

Sec.  2.  And  he  it  Jurther  enacted.  That  the  register  and  receiver  of 
public  monies  of  the  said  land-office  at  New  Orleans,  shall  have  the 
same  powers,  and  perform  the  same  duties,  in  relation  to  the  claims  thus 
filed  before  the  first  day  of  November  next,  as  if  notice  of  the  same  had 
been  given  before  the  first  day  of  July,  one  thousand  eight  hundred  and 
eight,  except  that  their  decision  shall  be  subject  to  the  revision  of  Con- 
gress. And  it  shall  be  the  duty  of  the  said  register  and  receiver  to 
make  to  the  Secretary  of  the  Treasury  a  report  of  all  the  claims  thus 
filed  with  the  register  of  the  land-office,  together  with  the  substance  of 
the  evidence  in  support  thereof,  with  their  opinion  and  such  remarks 
thereon  as  they  may  think  proper ;  which  report,  together  with  a  list  of 
the  claims  which,  in  the  opinion  of  the  register  and  receiver,  ought  to 
be  confirmed,  shall  be  laid  by  the  Secretary  of  the  Treasury  before  Con- 
gress, at  their  next  session,  for  their  determination  thereon.  The  said 
register  and  receiver  shall  have  power  to  appoint  a  clerk,  whose  duties 
shall  be  the  same,  in  relation  to  the  claims  filed  as  aforesaid,  as  was 
required  of  the  clerk  to  the  board  of  commissioners  for  adjusting  claims 
to  lands  in  the  said  district ;  and  the  said  register,  receiver  and  clerk, 
shall  each  be  allowed  fifty  cents  for  each  claim  filed  according  to  this 

30 


Legidatnra  to 
make  provision 
for  the  repre- 
•eatation  of  the 
people  and  ter* 
ritorj  that  in- 
corponited  at 
their   first  lea- 


Stahttx  L 

April  14, 1812. 

Act  of  Feb.  37, 
1813,  ch.  38. 

Farther  time 
allowed  for  re- 
gistering claims. 


Limitation  of 
notices. 


Duties  of  re- 
gister and  re- 
ceiver, &c.  &c. 


To  report  to 
the  Secretary  of 
the  Treasoiy. 


Allowance  of 
fees. 


708 


TWELFTH  CONGRESS.    Sess.  I.  Cu.  57.    1812. 


goods  of  foreign 

manafactare 

forbidden. 

Act  of  April 
A,  1818,  ch.  48. 


PrOTiao. 
1813,  ch.  48. 

Any  portion 
of  the  land  or 
naTal  force  of 
the  United 
States  maj  be 
employed   to 

Krevent  a  tio. 
ition  of  the 
embargo. 


Penaltiei,  ke, 
ftc.  how  to  be 
recoTored. 


1818,  ch.  49. 


STATtTTI  I. 

Aprill4,1813. 

Act  of  Feb. 
15, 1811,  ch.  14. 

Act  of  April 
8, 181S,  cb.  50. 

Limits  of  the 
state  enlarged. 


daring  the  continuance  of  the  act,  entituled  '<An  act  laying  an  emlwrgo 
on  all  the  ships  and  vessels  in  the  ports  and  harbors  of  the  United  States, 
for  a  limited  time,"  to  export  from  the  United  States  or  the  territories 
thereof,  in  any  manner  whatever,  any  specie,  nor  any  goods,  wares  or 
merchandise  of  foreign  or  domestic  growth  or  manufacture;  and  if  any 
person  shall,  with  intent  to  evade  this  law,  export  or  attempt  to  export 
any  specie,  goods,  wares  or  merchandise  from  the  United  States  or  the 
territories  thereof,  either  by  land  or  water,  such  specie,  goods,  wares  and 
merchandise,  together  with  the  vessel,  boat,  raft,  cart,  wagon,  sleigh  or 
other  carriage  in  which  the  same  shall  have  been  exported  or  attempted 
to  be  exported,  shall,  together  with  the  tackle,  apparel,  horses,  mules 
and  oxen,  be  forfeited,  and  the  owner  or  owners  of  such  specie,  goods, 
wares  or  merchandise,  and  every  other  person  knowingly  concerned  in 
such  prohibited  exportation,  on  conviction  thereof,  shall  each  respectively 
forfeit  and  pay  a  sum  not  exceeding  ten  thousand  dollars  for  every  such 
offence:  Provided  htwever,  that  nothing  in  this  section  contain^,  shall 
be  construed  to  prevent  the  departure  of  vessels,  which  according  to  the 
act  last  above  mentioned,  are  or  may  be  permitted  to  depart  in  the  man- 
ner and  under  the  restrictions  provided  by  the  said  act 

Sec.  2.  And  be  it  Jurther  enacted,  That  it  shall  be  lawful  for  the 
President  of  the  United  States,  or  such  other  person  as  he  shall  have 
empowered  for  that  purpose,  to  employ  any  part  of  the  land  or  naval 
forces,  or  militia  of  the  United  States  or  of  the  territories  thereof,  as 
may  be  judged  necessary,  for  the  purpose  of  preventing  the  illegal 
departure  of  any  ship  or  vessel,  or  the  illegal  exportation  of  any  specie,  or 
of  any  goods,  wares  or  merchandise,  contrary  to  the  provisions  of  this, 
or  of  the  last  above  mentioned  act,  and  for  the  purpose  of  detaining, 
taking  possession  of,  and  keeping  in  custody,  any  such  ship  or  vessel, 
specie,  goods,  wares  or  merchandise. 

Sec.  3.  And  be  it  further  enacted,  That  all  penalties  and  forfeitures, 
incurred  by  virtue  of  this  act,  shall  and  may  be  prosecuted,  sued  for, 
recovered  and  distributed,  and  may  be  mitigated  and  remitted  in  the 
manner  provided  by  the  act,  entituled  "An  act  laying  an  embargo  on  all 
the  ships  and  vessels  in  the  ports  and  harbors  of  the  United  States  for  a 
limited  time,"  and  also,  that  the  penalties  and  forfeitures  incurred  by 
virtue  of  this  act  may  be  recovered  subsequently  to  the  expiration  there- 
of, in  the  same  manner  as  if  this  act  had  continued  in  full  force  and 
virtue. 

Approyed,  April  14,  1812. 


Chap.  LVII. — Jin  M  to  enlarge  the  Kmite  tf  the  §tate  tfLouinana, 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  in  case  the  legislature  of 
the  state  of  Louisiana  shall  consent  thereto,  all  that  tract  of  country 
comprehended  within  the  following  bounds,  to  wit:  Beginning  at  the 
junction  of  the  Iberville,  with  the  river  Mississippi;  thence  uong  the 
middle  of  the  Iberville,  the  river  Amite,  and  of  the  lakes  Maurepas  and 
Pontchartrain  to  the  eastern  mouth  of  the  Pearl  river ;  thence  up  the 

The  noo-intercoarae  act  of  the  S8tb  of  Jane,  1809,  which  requires  a  Tenel  bound  to  a  permitted  port 
to  giTO  bond  in  double  the  amount  of  Teasel  and  cargo  not  to  go  to  a  prohibited  port,  is  applicable  to  a 
▼essel  sailing  in  ballast.    The  Ship  Richmond  «.  The  United  SUtes,  9  Cranch,  lOS;  S  Cond.  Rep.  994. 

Under  the  non-intercourse  act  of  1809,  a  vessel  from  Great  Britain  had  a  right  to  lay  off  the  coast  of 
the  United  States,  to  receiTO  instructions  from  her  owners  in  New  York ;  and,  if  necessary,  to  drop  an- 
chor: and,  in  case  of  a  storm,  to  make  a  harbor:  and  if  prevented  by  a  mutiny  of  her  crew,  from  put- 
ting out  to  sea  again,  she  might  wait  in  the  waters  of  the  United  States,  for  orders.  The  United  States 
V.  The  Cargo  of  the  Ship  Fannr;  Jennings,  Master,  9  Cranch,  181 ;  3  Cond.  Rep.  347. 

Under  the  third  secUon  of  the  act  of  Congress  of  the  38th  of  June,  1809,  every  vessel  bound  to  a 
foreign  permitted  port,  was  obliged  to  give  a  bond,  with  a  condition  not  to  proceed  to  any  oort  with  which 
commercial  intercourse  was  not  permitted,  nor  to  trade  with  such  port  The  Edward  i  scott.  Claimant, 
1  Wheat.  861  j  3  Cond.  Rep.  "" ^ 


TWELFTH  CONGRESS.    Skss.  I.  Cb.  5&    1813. 


709 


eastern  branch  of  Pearl  river  to  the  thirty-first  degree  of  north  latitude; 
thence  along  the  said  degree  of  latitude  to  the  rirer  Mississippi ;  thence 
down  the  said  river  to  the  place  of  beginning,  shall  become  and  form  a 
part  of  the  said  state  of  Louisiana,  and  be  subject  to  the  constitution 
and  laws  thereof,  in  the  same  manner,  and  for  all  intents  and  purposes  as 
if  it  had  been  included  within  the  original  boundaries  of  the  said  state. 

Sec.  2.  And  be  it  Juriher  enacted,  That  it  shall  be  incumbent  upon 
the  legislature  of  the  state  of  Louisiana,  in  case  they  consent  to  the 
incorporation  of  the  territory  aforesaid,  within  their  limits,  at  their  first 
session,  to  make  provision  by  law  for  the  representation  of  the  said  terri- 
tory in  the  legislature  of  the  state,  upon  the  principles  of  the  constitution, 
and  for  the  securing  to  the  people  of  the  said  territory,  equal  rights, 
privileges,  benefits  and  advantages  with  those  enjoyed  by  the  people  of 
the  other  parts  of  the  state ;  which  law  shall  be  liable  to  revision,  modifi- 
cation and  amendment  by  Congress,  and  also  in  the  manner  provided 
for  the  amendment  of  the  state  constitution,  but  shall  not  be  liable  to 
change  or  amendment  by  the  legislature  of  the  state. 

Approved,  April  14,  1812. 


LegiilAtnra  to 
make  provition 
for  the  repre* 
■entatioB  of  the 
people  end  ter- 
ritory that  in- 
corporated at 
their   first  lee- 


Statutx  L 


Act  of  Feb.  37, 
1813,  ch.  38. 

Further  time 
allowed  for  re- 
gistering claima. 


Limitation  of 
noticea. 


Chap.  LVIII, — Jin  Act  giving  further  time  far  regittering  claimi  to  land  in  the     April  14, 1812. 
eoitem  diilrtct  of  ike  ierrtiory  rf  Orleans, 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  every  person  or  per- 
sons claiming  lands  in  the  eastern  district  of  the  territory  of  Orleans, 
who  are  actual  settlers  on  the  land  which  they  claim,  and  whose  claims 
have  not  been  heretofore  filed  with  the  register  of  the  land-office  for  the 
said  district,  shall  be  allowed  until  the  first  day  bf  November  next  to 
deliver  notices  in  writing,  and  the  written  evidences  of  their  claims,  to 
the  register  of  the  land-office  at  New  Orleans ;  and  the  notices  and  evi- 
dences so  delivered,  within  the  time  limited  by  this  act,  shall  be  recorded 
in  the  same  manner,  and  on  payment  of  the  same  fees,  as  if  the  same 
had  been  delivered  before  the  first  day  of  July,  one  thousand  eight  hun- 
dred and  eight ;  but  the  rights  of  such  persons  as  shall  neglect  so  doing 
within  the  time  limited  by  this  act,  shall,  so  far  as  they  are  derived  from, 
or  founded  on,  any  act  of  Congress,  ever  afler  be  barred  and  become 
void|  and  the  evidences  uf  their  claims,  never  afler  admitted  as  evidence 
in  any  court  of  the  United  States,  against  any  grant  derived  firom  the 
United  States. 

Sec.  2.  And  be  it  further  enacted,  That  the  register  and  receiver  of 
public  monies  of  the  said  land-office  at  New  Orleans,  shall  have  the 
same  powers,  and  perform  the  same  duties,  in  relation  to  the  claims  thus 
filed  before  the  first  day  of  November  next,  as  if  notice  of  the  same  had 
been  given  before  the  first  day  of  July,  one  thousand  eight  hundred  and 
eight,  except  that  their  decision  shall  be  subject  to  the  revision  of  Con- 
gress. And  it  shall  be  the  duty  of  the  said  register  and  receiver  to 
make  to  the  Secretary  of  the  Treasury  a  report  of  all  the  claims  thus 
filed  with  the  register  of  the  land-office,  together  with  the  substance  of 
the  evidence  in  support  thereof,  with  their  opinion  and  such  remarks 
thereon  as  they  may  think  proper ;  which  report,  together  with  a  list  of 
the  claims  which,  in  the  opinion  of  the  register  and  receiver,  ought  to 
be  confirmed,  shall  be  laid  by  the  Secretary  of  the  Treasury  before  Con- 
gress, at  their  next  session,  for  their  determination  thereon.  The  said 
register  and  receiver  shall  have  power  to  appoint  a  clerk,  whose  duties 
shall  be  the  same,  in  relation  to  the  claims  filed  as  aforesaid,  as  was 
required  of  the  clerk  to  the  board  of  commissioners  for  adjusting  claims 
to  lands  in  the  said  district ;  and  the  said  register,  receiver  and  clerk, 
shall  each  be  allowed  fifty  cents  for  each  claim  filed  according  to  this 

30 


Duties  of  re- 
gister and  re- 
ceiver, &c.  Sec. 


To  report  to 
the  Secretary  of 
the  Treasury. 


Allowance  of 
fees. 


710 


TWELFTH  CONGRESS.    Sess.  I.  Cb.  69,  eSL    1813. 


act,  and  on  which  a  decision  shall  be  made,  whether  sach  decision  be 
in  favour  of,  or  against  the  claim ;  which  allowance  of  fifty  cents  shall 
be  in  full  compensation  for  their  services  under  this  act. 
Approved,  April  14,  1812. 


Statute  I. 

April  23, 1812. 

[Obsolete.] 
Act  of  March 
3, 1816,  ch.  78. 
A  corps  of  ar- 
tificers to  be  at- 
tached   to    the 
3nartermaster*8 
epartment. 


Pay  of  saper- 
intendent  or  ar- 
tificers, assist- 
ants^  fcc. 


Regular  re- 
tamstobemade 
to  the  Secretary 
of  War  by  the 
saperintendent. 


Terra  of  ser- 
Tice  of  the 
corps. 

Appropriation 
of  thirty  thou- 
sand dollars. 


Statute  I. 


Chap.  LIX.— wtfn  Jd  for  the  organizaHon  of  a  Corjm  ofJSrt^ken, 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assetnbled,  That  there  shall  be  attache4 
to  the  quartermaster  general's  department,  and  subject  to  the  orders  of 
the  officers  thereof,  a  corps  of  artificers,  to  consist  of  one  superintendent, 
to  be  appointed  by  the  President  of  the  United  States,  four  assistants, 
two  master  masons,  two  master  carpenters,  two  master  blacksmiths,  two 
master  boat-builders,  two  master  armorers,  two  master  saddle  and  bar* 
ness  makers,  twenty  house  carpenters,  five  ship  carpenters,  twenty  black- 
smiths, sixteen  boat-builders,  sixteen  armorers,  twelve  saddle  and  harness 
makers  and  twenty-four  labourers,  to  be  selected  from  the  privates  of 
the  army,  when  authorized  thereto  by  the  commanding  general,  or  en- 
gaged from  among  the  citizens  by  the  superintendent 

Sec.  2.  And  he  it  further  enacted,  That  the  pay  of  the  superintendent 
of  artificers,  shall  be  forty-five  dollars  per  month,  three  rations  per  day, 
and  forage  for  one  horse;  that  the  pay  of  the  four  assistants,  be  each 
thirty  dollars  per  month  and  two  rations  per  day ;  that  the  pay  of  the 
twelve  master  workmen  be  each  thirty  dollars  per  month  and  one  ration 
and  one  half  of  a  ration  per  day ;  that  the  pay  of  the  other  workmen  he 
each  sixteen  dollars  per  month,  and  one  ration  and  one  half  of  a  ration 
per  day. 

Sec.  3.  And  he  it  further  enacted,  That  it  shall  be  the  duty  of  the 
superintendent  of  artificers  to  render  a  correct  report,  once  each  month, 
of  the  corps,  to  the  quartermaster  general,  and  on  oath  to  make  out  the 
pay  roll  thereof;  which  pay  roll  shall  be  examined  by  the  quartermaster 
general,  or,  in  his  absence,  by  one  of  the  deputy  quartermasters,  and  by 
him  be  countersigned,  and  faithfully  and  without  delay  to  execute  all 
such  orders  as  he  may  receive  from  the  Secretary  at  War,  any  officer  of 
the  quartermaster's  department,  or  from  the  officer  commanding  in  the 
field  or  garrison  to  which  his  corps  or  any  part  thereof  may  be  attached. 

Sec.  4.  And  he  it  further  enacted.  That  this  corps  shall  be  engaged 
for  and  during  the  term  of  three  years,  unless  sooner  discharged  by  the 
President  of  the  United  States. 

Sec.  5.  And  he  it  further  enacted.  That  for  defraying  the  expense 
that  may  be  incurred  in  the  execution  of  this  act,  the  sum  of  thirty  thou- 
sand dollars  be,  and  the  same  is  hereby  appropriated,  to  be  paid  out  of 
any  money  in  the  treasury  not  otherwise  appropriated. 

Approved,  April  23,  1812. 


April  23, 1813.  Chap.  LXII. — JnAd  toauthorize  the  granting  of  Patents  for  Land,  aceordin^ 
to  the  Surveys  that  have  been  made  t  and  to  grant  Donation  Rights  to  certain 
Claimants  of  Land  in  the  district  (f  Detr^t,  and  for  other  purpo9es,{a) 

Be  it  enacted  hy  the  Senate  and  Hotise  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  patents  shall  be  granted 
to  the  persons  whose  claims  to  land  have  been  confirmed  in  the  district 
of  Detroit,  in  conformity  to  the  surveys  which  have  been  made  under 
the  direction  of  the  surveyor  general,  and  the  general  plat  of  which  has 
been  returned  to  the  Secretary  of  the  Treasury,  notwithsUnding  the 
surreys  shall  not,  in  every  respect,  correspond  with  the  description  of  the 
tracts  as  confirmed  by  the  commissioners  for  adjusting  land  claims  in 

(d)  See  notes  to  the  act  of  March  3, 1807,  chap.  34. 


Act  of  March 
3. 1817,  ch.  99. 

Patents,  to  be 
granted  to  per- 
sons  whose 
claims  have 
been  confirmed. 


TWELFTH  CONGRESS.    Sbss.  I.  Ch.  (52.    1812. 


711 


the  said  district:  Praoided,  that  the  confirmation  of  the  commissioners 
and  certificate  of  the  register  shall,  in  every  other  respect,  be  conform- 
able to  law. 

Sec.  2.  And  be  it  Jurther  enacted,  That  every  person,  whose  claim 
has  been  confirmed  by  the  commissioners  aforesaid  to  a  tract  of  land 
bordering  on  the  river  Detroit,  and  whose  tract,  as  confirmed,  does  not 
extend  in  depth  eighty  arpens,  French  measure,  shall  be  entitled  to  a 
donation  of  any  vacant  tract  of  land  adjacent  to  and  back  of  the  land 
confirmed  to  him  as  aforesaid,  provided  that  such  donation  shall  not 
exceed  forty  arpens,  French  measure,  in  depth,  nor  in  quantity  of  land 
that  conteined  in  the  tract  already  confirmed  to  him,  nor  shall  in  any 
case  the  tract  confirmed  as  aforesaid,  and  that  allowed  as  a  donation, 
together  exceed  eighty  arpens,  French  measure,  in  depth,  and  in  all 
cases  where,  by  reason  of  bends  in  the  said  river,  and  of  adjacent  prior 
claims,  each  claimant  cannot  obtain  a  tract  equal  in  quantity  to  the  tract 
already  confirmed  to  him,  the  vacant  land  applicable  to  the  object  shall 
be  divided  between  the  claimants  in  such  manner  as  shall  appear  to  the 
commissioners  for  adjusting  the  claims  most  equitable.  And  every  per- 
son claiming  a  donation  in  virtue  of  this  section  shall,  on  or  before  the 
first  day  of  December  next,  deliver  to  the  register  of  the  land-office  at 
Detroit,  a  notice,  in  writing,  of  the  situation  and  extent  of  his  claim, 
which  he  shall  file  in  his  office  on  receiving  tw6nty-five  cents  from  the 
party  or  parties  for  each  claim ;  and  if  such  person  shall  neglect  to 
deliver  such  notice  within  the  time  limited,  his  right  to  a  donation, 
under  this  section,  shall  become  void.  And  the  commissioners  for 
adjusting  claims  to  land  in  the  said  district  shall,  as  soon  as  may  be 
after  the  first  of  December  next,  proceed  to  examine  and  decide,  accord- 
ing to  the  provisions  of  this  section,  on  the  claims  filed  as  aforesaid; 
and  when  it  shall  appear  to  the  said  commissioners  that  the  claimant  is 
entitled  to  a  donation  of  land,  they  shall  give  a  certificate  stating  the 
circumstances  of  the  case,  and  that  the  claimant  is  entitled  to  receive  a 
patent  for  such  a  tract  of  land  by  virtue  of  this  section,  which  tract  shall 
be  surveyed  in  conformity  with  the  decision  of  the  commissioners,  at  the 
expense  of  the  party,  under  the  direction  of  the  surveyor  general,  by 
such  of  his  assistants  residing  in  the  said  district  as  the  said  surveyor 
general  shall  appoint  for  that  purpose.  The  expense  of  surveying  shall 
be  the  same,  and  the  plats  of  surveys  and  transcript  of  the  decisions  of 
the  commissioners  in  favour  of  claimants  shall  be  made  and  transmitted 
to  the  Secretary  of  the  Treasury  in  the  same  manner ;  and  the  certi- 
ficates granted  by  the  commissioners  shall  be  entered  with  the  register 
of  the  land-office,  and  certificates  of  the  register  be  granted  to  the  party 
or  parties  on  payment  of  the  same  fees.,  and  patents  granted,  in  every 
respect,  in  the  same  manner  as  is  directed  by  the  third  section  of  an  act, 
entituled  "An  act  regulating  the  grants  of  land  in  the  territory  of  Michi- 
gan," passed  the  third  day  of  March,  one  thousand  eight  hundred  and 
seven. 

Sec.  3.  And  be  it  further  enacted.  That  the  heirs  of  Joseph  Harrison, 
late  of  Detroit,  deceased,  be  permitted  to  enter  with  the  register  of  the 
land-office,  for  the  district  of  Detroit,  their  claim  to  any  tract  or  tracts 
of  land  in  the  said  district ;  and  such  entry  shall  have  the  same  effect, 
and  the  commissioners  shall  have  the  same  powers,  and  act  thereon  in 
the  same  manner,  as  if  the  entry  had  been  made  before  the  first  day  of 
January,  one  thousand  eight  hundred  and  nine;  and  in  case  of  a  decision 
in  favour  of  their  claim  or  claims,  a  patent  or  patents  shall  be  granted 
for  the  lands  so  claimed  and  confirmed  to  them,  any  law  to  the  contrary 
notwithstanding. 

Approved,  April  23, 1812. 


Proviio,  that 
the  confirma- 
tion  shall  be 
conformable  to 
law. 

Donations  of 
Tacant  lands, 
how  regulated. 


Where  bende 
of  the  river,  an 
equal  qaantitj 
to  be  granted,  aa 
commissionen 
may  determine. 


Commission- 
ers to  gire  a 
certificate. 


Act  of  March 
3,  1807,  ch.  34. 


Heirs  of  Jo- 
seph Harrison 
may  be  permit- 
ted to  make  an 
entry  in  the 
land-office  for 
the  district  of 
Detroit. 


718 


TWELFTH  CONGRESS.    Sbss.  I.  Ch.  68, 64.    1812. 


Statotb  I« 
April  S3, 1818. 


Specific  grant! 
to  ■niidxy  per- 


Act  of  Mareh 
16«1804yeh.jlS. 


Act  of  Febra. 
•nr  M,  1810, 
ch.  12. 


BaMnrationi. 


Chap.  LXIII. — Jin  Ad  making provition  for  certain  perwom  claiming  landg  under 
the  teveral  aet8f(fr  the  relief  ^  the  refugeeefrom  the  Briliah  promneee  (f  Canada 
and  Naoa  Seotta, 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives  of  the  United 
Stedes  of  America  in  Congress  assembled.  That  the  following  persooB, 
claiming  lands  under  the  act,  entituled  "  An  act  to  revive  and  continae 
in  force  an  act,  entituled  An  act  for  the  relief  of  the  refugees  from  the 
British  provinces  of  Canada  and  Nova  Scotia,"  passed  on  the  sixteenth 
day  of  March,  one  thousand  eight  hundred  and  four,  shall,  respectively, 
be  entitled  to  the  following  quantities  of  land,  that  is  to  say :  Charlotte 
Hazen,  widow  of  Moses  Hazen;  Chloe  Shannon,  wife  of  James  Noble 
Shannon  and  relict  of  Obadiah  Ayer,  deceased;  the  heirs  of  Elijah  Ayer 
and  the  heirs  of  Israel  Ruland,  respectively,  nine  hundred  and  sixty 
acres ;  Elijah  Ayer,  jun.  and  the  heirs  of  Anthony  Burk,  respectively, 
three  hundred  and  twenty  acres :  And  that  the  following  persons,  claim* 
ing  lands  under  the  act,  entituled  «An  act  further  to  provide  for  the 
refugees  from  the  British  provinces  of  Canada  and  Nova  Scotia,  and  for 
other  purposes,"  passed  on  the  twenty-fourth  day  of  February,  one  thou- 
sand eight  hundred  and  ten,  shall,  respectively,  be  entitled  to  the  follow- 
ing quantities  of  land,  that  is  to  say:  The  heirs  of  James  Boyd,  two 
thousand  two  hundred  and  forty  acres;  the  heirs  of  Nathaniel  Reynolds, 
the  heirs  of  Edward  Antill  and  Joshua  Sprague,  respectively,  nine  hun- 
dred and  sixty  acres;  Robert  Sharp,  John  Fulton  and  John  Morrison, 
each,  six  hundred  and  forty  acres;  James  Sprague,  David  Dickey,  John 
Taylor,  and  the  heirs  of  Gilberts  Seamans,  deceased,  respectively,  three 
hundred  and  twenty  acres;  which  several  tracts  of  land  shall  be  located 
within  the  boundaries  of  the  fractional  townships,  reserved  and  set  apart 
for  the  purpose  of  satisfying  the  claims  of  the  refugees  from  Canada 
and  Nova  Scotia ;  and  the  locations  shall  be  made,  and  patents  granted, 
in  the  manner  and  on  the  conditions  prescribed  by  former  laws,  except 
as  to  the  time  for  making  the  locations;  which  locations  shall  be  made 
on  the  day  or  days  that  the  Secretary  of  the  Treasury  shall  judge  moat 
convenient  for  the  claimants,  and  shall  designate  for  the  purpose. 

Approved,  April  23,  1812. 


Statutk  I. 


April  83, 1818. 

Act  of  July  6, 
1813,  ch.  134. 

PurchAsera 
prior  to   1st 
April,  1808. 


Allowed  three 

J  ear*  from   1st 
anuary,  1813. 


Land  to  be 
■old  on  fiulure 
to  pay. 


Chap.  LXIV. — An  Act  giving  further  time  to  the  purchasen  cf  Public  Lands^ 
northwcBt  of  the  rtver  Ohio,  to  complete  their  payments. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  if  the  United 
States  of  America  in  Congress  assembled.  That  every  person,  who,  prior 
to  the  first  day  of  April,  one  thousand  eisht  hundred  and  eight,  had  pur- 
chased any  tract  or  tracts  of  land  of  the  U  niied  States,  not  exceeding  in 
the  whole  six  hundred  and  forty  acres,  at  any  of  the  land-offices  estab- 
lished for  the  disposal  of  the  public  lands  northwest  of  the  river  Ohio, 
and  whose  lands  have  not  already  been  actually  sold  or  reverted  to  the 
United  States  for  non-payment  of  part  of  the  purchase  money,  shall  be 
allowed  the  further  term  of  three  years  from  the  first  day  of  January, 
one  thousand  eight  hundred  and  thirteen,  for  the  payment  of  the  residue 
of  the  principal  and  interest  due  on  account  of  such  purchase,  to  be 
paid  in  four  equal  annual  payments,  the  first  whereof  to  be  on  the  said 
first  day  of  January,  one  thousand  eight  hundred  and  thirteen :  and  in 
case  of  failure  in  paying  any  of  the  said  annual  payments  at  the  time 
when  the  same  shall  become  due,  the  tract  of  land  shall  be  forthwith 
advertised  and  offered  for  sale  in  the  manner  and  on  the  terms  and  con- 
ditions heretofore  prescribed  for  the  sale  of  lands  purchased  of  the  United 
States,  and  not  paid  for  within  the  limited  time. 

Approved,  April  23, 1812. 


TWELFTH  CONGRESS.    Ssas.  L  Ca.  66, 97.    1S13. 


713 


CHiF.  LXVI.— ^^  Jtei  to  eofiHnue  in  force  for  a  UmiUd  Hmef  an  ad  eniiiuled 
^*Jin  act  eoniinuing  for  a  UvdUd  Hme  the  mUariet  if  the  qffieen  ff  government 
tkerein  mentioned^* 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assemhted^  That  an  act  passed  on  the 
twentieth  day  of  February,  one  thousand  eight  hundred  and  four,  enti- 
tuled  '*An  act  continuing  for  a  limited  time  the  salaries  of  the  officers 
of  government  therein  mentioned/'  shall  be  and  continue  in  force  for 
the  term  of  three  years,  and  to  the  end  of  the  next  session  of  Congress 
thereafter,  and  no  lonser. 

Sec.  2.  And  he  it  further  enacted,  That  for  paying  the  salaries  of  the 
secretaries  of  state,  treasury,  war  and  navy,  the  comptroller,  auditor  snd 
register  of  the  treasury,  the  treasurer  of  the  United  States,  the  account- 
ants of  the  war  and  navy  departments,  the  postmaster-general  and  the 
first  assistant  postmaster-general,  in  addition  to  the  sums  already  sppro- 
priated  by  the  *' Act  making  appropriations  for  the  support  of  government 
for  the  year  one  thousand  eight  hundred  and  twelve,"  there  be  appro- 
priated the  further  sum  of  seven  thousand  seven  hundred  and  fihy*two 
dollars  and  fifty  cents,  to  be  paid  out  of  any  monies  in  the  treasury  not 
otherwise  appropriated. 

Approved,  April  24, 1812. 


Statute  I. 
April  84, 181S. 

Act  of  Feb. 
SO,  1804,  eh.  18. 
Aet  or  April  87, 
1816,  eh.  103. 

Aet  of  Feb. 
SO,  1819,  eh.  16. 

Act  of   1804 
eontioaed  for 
three  jeart. 


AdditioDelap. 
propriation  or 
|7,768  60. 


181S,Qh.8S. 


Statute  I. 


Chap.  LXVn.-nJn  Jietfor  a»eertaining  the  titke  and  ehinu  to  Lande  in  that    April  86, 181S. 
part  cf  the  LotMana  which  Hes  coat  flf  the  river  Mieaiuippi  and  island  cf  New 
0rlcan9,{a) 


Act  of  April 
18, 1814,  ch.  86. 

ActofMayS, 
1888,  cb.  188. 


Be  it  enacted  by  the  Senate  and  House  ofR^esentatives  of  the  United 
States  of  America  in  Congress  assembled.  That  for  the  purpose  of  ascer- 

(a)  On  the  13th  Febniar]r,1813,  Congraaa  paned  an  «  act  aathorisins  the  President  of  the  United  Statea 
to  take  posseasion  of  a  tract  of  conntry  lying  aoath  of  the  Miaaiieippi  territory,  and  west  of  the  river 
Perdido.^'  This  act  was  not  promolgated  until  the  publication  of  the  "  Session  acts  "  of  the  first  session  of  the 
fifteenth  Cong ress,  which  terminated  April  80,  1818.  See  "  resolution  and  acts  relative  to  the  occupation 
of  Florida  b7  the  United  Sutes,"  Appendix  to  the  acts  of  the' first  session  of  the  fifteenth  Congress,  1818, 
Vol.  3,  p.  478. 

Upon  the  titles  to  lands  in  this  country,  the  following  decisions  have  been  made  by  the  Supreme 
Court  t'- 

By  the  treaty  of  St.  ndefoaso,  made  on  the  1st  of  October,  1800,  Spain  ceded  Louisiana  to  France; 
and  France,  by  the  treaty  of  Paris,  signed  the  80th  of  April,  1803,  ceded  it  to  the  United  Sutes.  Under 
this  treaty,  the  United  States  claimed  the  countries  between  the  Iberrille  and  the  Perdido.  Spain  eon- 
tended  that  her  cession  to  France  comprehended  only  that  territory  which  at  the  time  of  the  cession  was 
denominated  Louisiana,  consisting  of  tne  island  of  New  Orleans,  and  the  country  which  had  been  origin, 
ally  ceded  to  her  by  France,  west  of  the  Mississippi.  The  land  claimed  by  the  plaintiffs  in  error,  under 
a  grant  from  the  crown  of  Spain,  made  afier  the  treaty  of  St.  Ildefonso,  lies  within  the  disputed  territory; 
and  this  case  presents  the  question,  to  whom  did  the  countiy  between  the  Iberville  and  Perdido  belong 
after  the  treaty  of  St.  Ildefonso  f  Had  France  and  Spain  agreed  upon  the  boundaries  of  the  retroceded 
territory  before  Louisiana  was  acquired  by  the  United  States ;  that  agreement  would  undoubtedly  have 
ascertained  its  limits.  But  the  declarations  of  France,  made  after  parting  with  the  province,  cannot  be 
admitted  as  conclusive.  In  questions  of  this  character,  political  considerations  have  too  much  influence 
over  the  conduct  of  nations,  to  permit  their  declarations  to  decide  the  course  of  an  independent  govern- 
ment, in  a  matter  vitallv  interepting  to  itself.    Foster  et  al.  v.  Neilson,  8  Peters,  306. 

If  a  Spanish  grantee  had  obuined  possession  of  the  land  in  dispute  so  as  to  be  the  defendant,  would  a 
court  of  the  United  Sutes  mainuin  his  title  under  a  Spanish  grant,  made  subsequent  to  the  acquisition 
of  Louisiana,  singly  on  the  principle  that  the  Spanish  construction  of  the  treaty  of  St.  Ildefonso  was 
right,  and  the  American  construction  wrong  1  Such  a  decision  would  subvert  those  principles  which 
ffovem  the  relations  between  the  legislative  and  judicial  departments,  and  mark  the  limita  of  each.    IMd, 

The  sound  construction  of  the  8th  article  of  the  treaty  between  the  United  States  and  Spain,  of  the  88d 
of  February,  1839,  will  not  enable  the  court  to  apply  ita  provisions  to  the  case  of  the  plaintiff.    Ibid.  314^ 

The  article  does  not  declare  that  all  the  granU  made  by  his  Catholic  Majesty  before  the  84th  January, 
1818,  shall  be  valid  to  the  same  extent  as  if  the  ceded  territories  had  remained  under  his  dominion.  It 
does  not  say  that  those  granta  are  hereby  confirmed.  Had  such  been  its  language,  it  would  have  acted 
directly  on  the  subject,  and  it  would  have  repealed  those  acU  of  Congress  which  were  repugnant  to  it ; 
but  its  language  is,  that  those  granta  shaU  be  ratified  and  confirmed  to  the  persons  in  possession,  feo. 
By  whom  shall  theV  be  ratified  and  confirmed  f  This  seems  to  be  the  language  of  contract;  and  if  it  ie, 
the  ratification  ana  confirmation  which  are  promised  must  be  the  act  of  Uie  legislature.  Until  soeh  aet 
■hall  be  passed,  the  court  is  not  at  liberty  to  disregard  the  existing  laws  on  the  subject  Ihtd. 
Vol.  II.— 90  3  o  2 


714  TWELFTH  CONGRESS.    Sess.  I.  Ch.  67.    1812. 

taining  the  titles  and  claims  to  lands  in  that  tract  of  countiy  which  lies 
south  of  the  Mississippi  territory,  east  of  the  river  Mississippi  and  island 
of  New  Orleans,  and  west  of  the  river  Perdido,  and  a  line  drawn  with 
the  general  course  thereof  to  the  southern  boundary  of  the  said  Missi»- 
Two  land  dis.    sippi  territory,  the  lands  within  the  said  limits  shall  be  laid  off  into  two 
tPKjto  to  be  laid   i^j^^  districts,  between  which  Pearl  river  shall  be  the  boundary;  and  for 
CommiitioD-    ^^^^  ^f  which  districts  a  commissioner  for  land  claims  shall  be  appointed 
era  to  be  ap-     by  the  President  of  the  United  States,  with  the  advice  and  consent  of 
pointed.  ^jj^  Senate.     The  said  commissioners  shall,  respectively,  have  power  to 

Clerk.  appoint  a  clerk,  who  shall  be  a  person  capable  of  translating  the  French 

and  Spanish  languages,  and  who  shall,  in  addition  to  the  other  duties 
required  of  him  by  this  act,  perform  the  duties  of  translator,  when  re- 
Oath,  quired  by  the  commissioner.     And  the  said  commissioners  and  clerk 
shall,  before  entering  on  the  duties  of  their  appointments,  respectively 
take  an  oath  or  affirmation,  truly  and  faithfully  to  execute  the  duties 
imposed  on  them  by  this  act. 
Comminion.         Sec.  2.  And  be  it  further  enacted,  That  for  the  more  convenient 
era  and  clerks  to   ascertainment  of  the  titles  and  claims  to  lands  as  aforesaid,  it  shall  be 
pahsbee."'    ***•   the  duty  of  each  of  the  said  commissioners,  respectively,  and  their  clerks, 
to  attend  in  each  of  the  several  parishes  in  his  district^  at  such  time  and 
place  therein  as  he  shall  appoint,  for  the  purpose  of  receiving  notices 
and  evidences  of  titles  and  claims  to  lands  within  the  same;  and  when 
the  commissioners  shall  have  appointed  the  time  and  place  for  his 
attendance  in  any  parish,  he  shall  cause  public  notice  thereof  to  be 
BoUce*"^  ^*Je*  8'^®"  ^  ^^^  inhabitants  of  the  same,  for  at  least  twenty  days  previous  to 
giTeo.                the  time  of  his  commencing  the  business  of  his  appointment  therein. 

Sec.  3.  And  be  it  fitrther  enacted,  That  each  commissioner,  after  he 
shall  have  attended  for  a  reasonable  and  sufficient  length  of  time  in  each 
parish  of  his  district,  for  the  claimants  of  lands  within  the  same  to  have 

Congrett,  in  order  to  guard  againrt  imposition,  declared,  by  the  law  of  1804,  that  all  grants  of  land 
made  by  the  Spanish  authorities  in  the  territory  west  of  the  Perdido,  after  the  treaty  of  St.  Ildefonso, 
should  be  null  and  void,  excepting  those  to  actual  settlers,  acquired  before  December  20, 1803.  Garcia  v. 
Lee,  iSPetera,  511. 

The  controTeray  relative  to  the  country  lying  between  the  Mississippi  and  the  Perdido  rivera,  and  the 
validity  of  the  grants  made  by  Spain  in  the  disputed  territory  after  the  cession  of  Louisiana  to  the  United 
States,  were  carefully  examined  in  the  case  of  Foster  k,  Elam  v.  Neilson.  The  supreme  court,  in  that 
case,  decided  that  the  ouestion  of  boundary  between  the  United  States  and  Spain  was  a  question  for  the 
political  departments  or  the  government:  that  the  legislative  and  executive  branches  having  decided  the 
question,  the  courts  of  the  United  States  are  bound  to  regard  the  boundary  determined  by  them  as  the 
true  one  ;  tliat  grants  made  by  the  Spanish  authorities  of  lands,  which,  according  to  this  boundary  line, 
belonged  to  the  United  States,  gave  no  title  to  the  grantees,  in  opposition  to  those  claiming  under  the 
United  States ;  unless  the  Spanish  grants  were  protected  by  the  subsequent  arrangements  mMe  between 
the  two  governmenu ;  and  that  no  such  arrangements  were  to  be  found  in  the  treaty  of  1819,  by  which 
Spain  ceded  the  Floridas  to  the  United  States,  according  to  the  fair  import  of  its  words,  and  its  true  con- 
struction.   Ihid. 

In  the  case  of  Foster  &  Elam  v.  Neilson,  the  supreme  court  said  that  the  Florida  treaty  of  1819,  de- 
clares that  all  grants  made  before  the  24th  of  January,  1818>by  the  Spanish  authorities,  «  shall  be  ratified 
and  confirmed  to  the  peraons  in  possession  of  the  lands,  to  the  same  extent  that  the  same  grants  would 
be  valid,  if  the  territories  had  remained  under  the  dominion  of  his  Catholic  Majesty :"  and  in  deciding 
the  case  of  Foster  &  Elam,  the  court  held,  that  even  if  this  stipulation  applied  to  lands  in  the  territory  in 

anestion,  yet  the  words  used  did  not  import  a  present  confirmation  by  virtue  of  the  treaty  itself,  but  that 
ley  were  words  of  contract :  **  that  the  ratification  and  confirmation  which  were  promised,  must  be  the 
act  of  the  legislature ;  and  until  such  shall  be  passed,  the  court  is  not  at  liberty  to  disregard  the  existing 
laws  on  the  subject."  Afterwards,  in  the  case  of  the  United  States  v.  Percheman,  7  Petera,  86,  in  review- 
ing the  words  of  the  8th  article  of  the  treaty ;  the  court,  for  the  reasons  there  assigned,  came  to  a  difler- 
ent  conclusion ;  and  held,  that  the  words  were  words  of  present  confirmation,  by  the  treaty,  where  the 
land  had  been  rightfully  granted  before- the  cession  ;  and  that  it  did  not  need  the  aid  of  an  act  of  Cqn- 
gress  to  ratify  and  confirm  the  grant.  This  language  was,  however,  applied  by  the  court,  and  was  in- 
tended to  apply  to  grants  made  in  a  territory  which  belonged  to  Spain  at  the  time  of  the  grant.  The  case 
then  before  tne  court  was  one  of  that  description.  It  was  in  relation  to  a  grant  of  land  in  Florida,  which 
unquestionably  belonged  to  Spain  at  the  time  the  grant  was  made;  and  where  the  Spanish  authorities  had 
an  undoubted  right  to  grant,  until  the  treaty  of  cession  in  1819.  It  is  of  such  grants  that  the  court  speak, 
when  they  declare  them  to  be  confirmed  and  protected  by  the  true  construction  of  the  treaty ;  and  that 
they  do  not  need  the  aid  of  an  act  of  Congress  to  ratify  and  confirm  the  title  of  the  purchaser.  The 
court  do  not  apply  this  principle  to  grants  made  within  the  territory  of  Louisiana.  The  case  of  Foster 
kt  Elam  V.  Neilson  must,  in  all  other  respects,  be  considered  as  affirmed  by  the  case  of  Percheman  ;  as 
it  underwent  a  careful  examination  in  that  case,  and  as  none  of  its  principles  were  questioned  except  that 
referred  to.    IM, 


TWELFTH  CONGRESS.    Sbss.  I.  Ch.  67.    1812. 


715 


delivered  the  notices  and  evidenoes  of  their  claims,  shall  establish  his 
office  at  such  place  in  his  district  as  he  shall  judge  most  convenient, 
and  of  which  he  shall  give  public  notice;  and  every  person  claiming 
lands  within  his  district,  who  shall  have  neglected,  or  by  any  circum- 
stance have  been  prevented  from  delivering  a  notice  and  evidence  of  his 
claims,  during  the  time  the  commissioner  attended  in  the  parish  in  which 
the  lands  he  may  claim  are  situate,  shall  be  at  liberty,  at  any  time  before 
the  end  of  six  months  from  and  after  such  office  shall  have  been  estab- 
lished, to  deliver  a  notice  and  the  evidence  of  his  claims;  and  it  shall 
have  the  same  effect  as  if  delivered  in  the  parish  wherein  the  lands 
claimed  are  situated. 

Sec.  4.  And  be  it  Jvrther  enaded^  That  every  person  claiming  lands 
in  the  tract  of  country  aforesaid,  by  virtue  of  any  grant,  order  of  survey, 
or  other  evidence  of  claim  whatsoever,  -derived  from  the  French,  British 
or  Spanish  governments,  shall  deliver  to  the  commissioner  for  land 
claims,  when  attending  for  the  purpose,  in  the  parish  in  which  the  lands 
claimed  may  lie,  a  notice  in  writing,  stating  the  nature  and  extent  of  his 
claims,  together  with  a  plat  (in  case  a  survey  shall  have  been  made)  of 
the  tract  or  tracts  claimed ;  and  shall  deliver  to  the  commissioner  when 
attendinjET  as  aforesaid,  for  the  purpose  of  being  recorded,  every  grant, 
order  of  survey,  deed,  conveyance,  or  other  written  evidence  of  his 
claim;  and  the  same  shall  be  recorded  by  the  clerk,  in  books  to  be  kept 
for  that  purpose,  on  his  rex^iving  from  the  party  or  parties  at  the  rate 
of  twelve  and  a  half  cents  for  every  hundred  words  contained  in  such 
written  evidence  of  their  claim :  Provided  however,  that  where  lands 
are  claimed  by  virtue  of  a  complete  French,  British  or  Spanish  grant, 
it  shall  not  be  necessary  for  the  claimant  to  have  any  other  evidence  of 
his  claim  entered  at  large  on  the  record,  except  the  original  grant  or 
patent,  together  with  the  order  of  survey,  and  the  plat;  all  the  other  con- 
veyances or  deeds  may  be  abbreviated  in  the  entry;  but  the  chain  of 
title,  and  the  date  of  every  transfer  shall  appear  on  the  record.  And  if 
such  person  shall  neglect  to  deliver  such  notice  in  writing  of  his  claim, 
together  with  the  plat  (in  case  the  lands  claimed  shall  have  been  sur- 
veyed) as  aforesaid,  or  cause  to  be  recorded  such  written  evidence  of  the 
same  within  the  time  and  times  as  aforesaid,  his  claim  shall  never  after 
be  recognized  or  confirmed  by  the  United  States;  nor  shall  any  grant, 
order  of  survey,  deed,  conveyance,  or  other  written  evidence,  which  shall 
not  be  recorded  as  above  directed,  ever  after  be  considered  or  admitted 
as  evidence  in  any  court  of  the  United  States,  against  any  grant  which 
may  hereafter  be  derived  from  the  United  States. 

See.  5.  And  be  it  further  enacted,  That  the  said  commissioners  shall 
have  power,  in  their  respective  districts,  to  inquire  into  the  justice  and 
validity  of  the  claims  filed  with  them  as  aforesaid :  it  shall  be  their  duty 
to  ascertain  in  every  case,  whether  the  lands  claimed  have  been  inha- 
bited and  cultivated ;  at  what  time  such  inhabitation  and  cultivation 
commenced ;  when  surveyed,  and  by  whom  and  what  authority ;  and 
into  every  other  matter  respecting  the  claims  which  may  affect  the 
justice  and  validity  thereof;  and  for  that  purpose  shall  have  power  to 
administer  oaths,  and  to  compel  the  attendance  of,  and  examine  wit- 
nesses and  such  other  testimony  as  may  be  adduced ;  to  have  access  to 
all  records  of  a  public  nature,  relative  to  the  granting,  sale,  transfer  or 
titles  of  lands  within  their  respective  districts,  and  to  take  transcripts 
firom  such  record  or  records  or  any  part  thereof;  and  the  evidence  thus 
adduced  and  obtained,  shall,  by  the  clerk,  be  entered  in  a  book  to  be 
kept  for  that  purpose. 

Sec.  6.  And  be  it  further  enacted,  That  the  powers  vested  by  law, 
in  the  surveyor  of  the  lands  of  the  United  States  south  of  the  state  of 
Tennessee,  shall  extend  over  all  the  public  lands  in  the  said  tract  of 
country. 


Each    Com- 
miMioner  to 
keep  tn  oi&ce. 


Six  month! 
allowed  to  de- 
liver notice  and 
evidence. 


Any  French, 
British,  or  Span* 
iahgranta. 


To  be  dHiver- 
ed  for  record- 
ing. 

Recording 


Complete 
French,  Britiih 
or  Spaniah 
granta. 


Neglect  to 
give  notice  in- 
validates the 
claim. 

1814,  ch.  85. 

And  prevent! 

Eroof  of  claim 
eing  evidence 
against  other 
grants. 

Dutjand  pow- 
er or  r '" 

aioners. 


Clerk  to  eatsr 
evidence. 


Surveyor   of 
lands  aouth  of 
the  Tennesiee, 
powers  en- 
Urged. 


7U 


TWELFTH  CONGRESS.    Ssss.  I.  Ch.  66.    181& 


Abclrtcta  to 
Wtbade  out  and 
fbrw&rdttdtotbe 
Secretary  of  the 
Treainry  bj  the 
commiuionen. 


A  lii«  of  ac- 
taal  letUen  to 
be   taiade   bj 
commiHiooen 
and  reported  to 
CongroM. 

Rateiofcom- 
peniatioii. 

ProTiso. 


Statute  I. 
AptaS5,l81S. 


Office 
liihed. 


wtib. 


Commtnioner 
to  be  appointed. 

Hif  datiea. 


Chief  clerk  to 
be  appointed. 


Sec.  7.  And  he  it  fiarther  enacted.  That  the  said  commisBionera  shall 
respectively,  under  such  instructions  as  the  Secretaiy  of  the  Treasury 
may,  with  the  approbation  of  the  President  of  the  United  States,  trans- 
mit to  them  in  relation  thereto,  prepare,  and  cause  to  be  prepared, 
abstracts  from  the  records  of  the  claims  filed  as  aforesaid,  in  which  the 
claims  shall  be  arranged  into  classes,  according  to  their  respective 
merits,  and  other  circumstances  whereby  they  may  be  diversificwl ;  the 
abstracts  shall  contain  the  substance  of  the  evidence  adduced  in  support 
of,  or  obtained  respecting  the  claims,  and  shall  contain  such  other  in- 
formation and  remarks  as  may  be  necessary  to  a  prc^r  decision  thereon, 
which  abstracts  the  commissioners  shall  respectively,  as  soon  as  may  be, 
report  to  the  Secretary  of  the  Treasury,  and  shall  by  him  be  laid  before 
Congress  at  the  next  session  thereafter  for  their  determination  thereon. 

Sec.  8.  And  be  it  further  enacted.  That  the  said  commissioners  be, 
and  they  are  hereby  authorized  and  required  to  collect  and  report  to 
Congress,  at  their  next  session,  a  list<of  all  the  actual  settlers  on  land  in 
said  districts,  respectively,  who  have  no  claims  to  land  derived  either 
from  the  French,  British  or  Spanish  governments,  and  the  time  at  whicb 
such  settlements  were  made. 

Sec.  9.  And  be  it  Jurther  enacted.  That  each  of  the  said  commis- 
sioners shall  be  allowed  as  compensation  for  his  services  in  relation  to 
the  said  claims,  at  the  rate  of  fifteen  hundred  dollars  a  year ;  and  each 
of  the  clerks,  at  the  rate  of  one  thousand  dollars  a  year :  Provided,  that 
not  more  than  eighteen  months'  compensation  be  thus  allowed  to  the 
commissioner  and  clerk  for  the  district  east  of  Pearl  river ;  nw  more 
than  two  years'  compensation  be  allowed  to  the  commissioner  and  clerk 
for  the  district  west  of  Pearl  river ;  and  the  commissioner  for  the  eastern 
district,  on  making  his  report  to  the  Secretary  of  the  Treasury,  as  afore- 
said, shall  be  entitled  to  receive  in  addition  seven  hundred  and  fifty 
dollars,  and  his  clerk  five  hundred  dollars ;  and  tl^e  commissioner  for 
the  western  district,  on  making  his  report  aforesaid,  shall  receive  one 
thousand  dollars,  and  his  clerk  seven  hundred  and  fifty  dollars ;  and  the 
said  allowances  shall  be  in  full  for  their  services  under  this  act 

Approved,  AprU  25,  1813. 


CuAr.LXyJU^'^njietfor  ike  etiabUthment  (fa  Qenertd  Lmi-Qfia  in  lAs 
Apartment  cfthe  Trea9ury»{a) 

Be  it  enacted  by  the  Senate  and  House  ofRjmresentatives  of  the  United 
States  of  America  in  Congress  assembled.  That  there  shul  be  estab- 
lished in  the  department  of  the  treasury  an  office,  to  be  denominated  the 
General  Land-Office;  the  chief  officer  of  which  shall  be  called  the  com- 
missioner of  the  general  land-office,  whose  duty  it  shall  be,  under  the 
direction  of  the  head  of  the  department,  to  superintend,  execute  and 
perform,  all  such  acts  and  things,  touching  or  respecting  the  public  lands 
of  the  United  States,  and  other  lands  patented  or  granted  by  the  United 
States,  as  have  heretofore  been  directed  by  law  to  be  done  or  performed 
in  the  office  of  the  SecreUry  of  Sute,  of  the  Secretary  and  Register  of 
the'rreasuiy,and  of  the  SecreUry  of  War,  or  wliich  shall  hereafter  by 
law  be  assigned  to  the  said  office. 

Sec.  2.  And  be  it  further  enacted,  That  ihere  shall  be  in  the  said 
office,  an  inferior  officer,  to  be  appointed  by  the  said  principal  officer,  to 
be  employed  therein  as  he  shall  deem  proper,  and  to  be  called  the  chief 
clerk  of  the  general  land-office,  who,  in  all  cases,  when  the  said  princi- 
pal office  shall  become  vacant,  during  such  vacancy,  shall  have  the 
charge  and  custody  of  the  seal,  and  of  all  records,  books  and  papers^ 

belonging  to  the  said  office. 

-  -      -    -  "•     -  — 

(a)  See  act  of  July  4, 1836,  chap.  852. 


TWELFTH  OONGRESS.    BiM.  L  Cb.4I6.    lSi% 


717 


Ssc.  8.  And  be  it  Jkrtker  enaeUd^  That  the  aaid  principal  officer, 
and  ererj  other  person  to  be  appointed  and  employed  in  the  said  office, 
ahall,  before  he  enters  on  the  duties  of  his  office  or  appointment,  take 
an  oath  or  affirmation,  truly  and  faithfully  to  execute  the  trust  commit- 
ted to  him. 

Sac.  4.  And  he  it  fiaiker  auuted^  That  the  said  commissioner  shall 
cause  a  seal  of  office  to  be  made  and  provided  for  the  said  office,  with 
such  device  as  the  President  of  the  United  States  shall  approve ;  and 
copies  of  any  records,  books  or  papers,  belonging  to  the  said  office,  un- 
der the  signature  of  the  said  commissioner,  or,  when  the  office  shall  be 
vacant,  under  the  signature  of  the  chief  clerk ;  and  the  said  seal  shall 
be  competent  evidence  in  all  cases  in  which  the  original  records,  books 
or  papers  could  be  evidence. 

Sec.  5.  And  be  it  further  enacted^  That  the  said  commissioner  shall, 
forthwith,  after  his  appointment,  be  entitled  to  the  custody,  and  shall 
take  diarge  of  the  said  seal,  and  also  of  all  records,  books  and  papers, 
remaining  in  the  offices  of  the  Secretary  of  State,  of  the  Secretary  and 
Register  of  the  Treasury,  and  of  the  Secretary  of  War,  touching  or  con- 
cerning the  public  lands  of  the  United  States ;  and  the  said  records, 
books  and  papers  shall  become,  and  be  deemed  the  records,  books  and 
papercf,  of  the  said  office. 

Sec.  6.  And  be  it  further  enacted.  That  the  said  commissioner  shall, 
when  required  by  the  President  of  the  United  States,  or  either  house  of 
Congress,  make  a  plat  of  any  land  surveyed  under  Uie  authority  of  the 
United  States,  and  ffive  such  information  rejecting  the  pubUc  lands, 
and  concerning  the  business  of  his  office,  as  shall  be  directed. 

Sec.  7.  And  be  it  further  enacted,  That  in  all  cases  in  which  land 
has  heretofore,  or  shall  hereafter  be  given  by  the  United  States  for  mili- 
tary services,  warrants  shall  be  granted  to  the  parties  entitled  to  such 
land  by  the  Secretary^  of  War :  and  such  warrants  shall  be  recorded  in 
the  said  land-office,  in  books  to  be  kept  for  the  purpose,  and  shall  be 
located  as  is^  or  may  be  provided  by  law ;  and  patents  shall  afterwards 
be  issued  accordingly. 

Sec.  8.  And  be  it  further  enacted,  That  all  patents  issuing  from  the 
said  office,  shall  be  issued  in  the  name  of  the  United  States,  and  under 
the  seal  of  the  said  office,  and  be  signed  by  the  President  of  the  United 
States,  and  countersigned  by  the  commissioner  of  the  said  office ;  and 
shall  be  recorded  in  the  said  office,  in  books  to  be  kept  for  the  purpose. 

Sec.  9.  And  be  it  further  enacted.  That  all  returns  relative  to  the 
public  lands,  heretofore  directed  to  be  made  to  the  Secretary  of  the 
Treasury,  shall  hereafter  be  made  to  the  said  commissioner,  who  shall 
have  power  to  audit  and  settle  all  public  accounts  relative  to  the  public 
lands :  Provided,  that  it  shall  be  the  duty  of  the  said  comroissoner,  upon 
the  settlement  of  any  such  account,  to  certify  the  balance,  and  transmit 
the  account  with  the  vouchers  and  certificate  to  the  comptroller  of  the 
treasury,  for  his  examination  and  decision  thereon. 

Sec.  10.  And  be  it  further  enacted.  That  no  person  appointed  to  an 
office  instituted  by  this  act,  or  employed  in  any  such  office,  shall  directly 
or  indirectly  be  concerned  in  the  purchase  of  any  right,  title  or  interest, 
in  any  public  land,  either  in  his  own  right,  or  in  trust  for  any  other  per- 
son, or  in  the  name  or  risht  of  any  other  person  in  trust  for  himself,  nor 
shall  take  or  receive  any  fee  or  emolument  for  negotiating  or  transacting 
the  business  of  the  office.  And  any  person  offending  m  the  premises 
against  the  prohibitions  of  this  act,  shall  forfeit  and  pay  one  hundred 
dollars ;  and,  upon  conviction,  shall  be  removed  from  office. 

Sec.  11.  And  be  it  further  enacted.  That  the  commissioner  of  the 
said  land-office,  shall  be  appointed  by  the  President  of  the  United  States, 
by  and  with  the  advice  and  consent  of  the  Senate;  and  shall  receive  an 
annual  salary,  equal  to  the  salary  of  the  auditor  of  the  treasury,  payable 


OtUMoToflloa 
to  be  ukeD  by 
all  perw 
ployed. 


A  teal  to  be 
proTided. 

Copiea  of  re- 
eordi  under  the 
•ignatore  of  the 
commiMioner 
and   the  aeal 
evidence. 

Act  of  July  4, 
1836,  ch.  358, 
■ec.  7. 

Comminioner 
to  have  the  cue. 
todr  of  the  aeal 
and  of  the 
iMMki,  papen 
and  records  re- 
lating to  land. 


Commitrioner 
npon  the  reqai- 
aition     of    the 
President    or 
Congress,    to 
make  plats,  kc. 

Warrants  to 
be  given  bySec- 
retary  of  War 
for  military 
lands. 


Patents  to  be 
issued. 

Patents  how 
to  be  executed. 

Act  of  July  4, 
1836,  ch.  &2, 
sec.  10. 


Returns  to  be 
made   to  the 
Secretary  of  the 
Treasury. 

Accounts  to 
be  settled  at  the 
commissioner'a 
office. 

Proviso. 


No  person  em- 
ployed  in  the 
office  to  be  en- 
gaged, directly 
or  indirectly  in 
the  purchase  of 
public  lands. 

Act  of  July  4, 
1836,  ch.  363, 
sec.  14. 

Commissioner 
of  the  land-of- 
fice, how  to  be 
appoiflted. 


718 


TWELFTH  CONGRESS.    Ssss.  I.  Ch.  60.    1812. 


Compenfttion. 

Commiwiooer 
to  have  the  pri- 
▼ilege  of  fruk- 
iog. 

1810,  ch.  37» 
■ec.  34. 

Clerfcfl  to  be 
MDplojed. 
ProTiio. 


qoarterlj;  and  the  sam  of  two  thousand  two  hundred  and  fifty  dollars 
is  hereby  appropriated  for  the  said  compensation,  daring  the  year  one 
thousand  eight  hundred  and  twelve,  to  be  paid  out  of  any  monies  in  the 
treasury  not  otherwise  appropriated — and  the  said  commissioner  shall 
have  the  same  privilege  with  the  comptroller  of  the  treasury,  of  sending 
and  receiving  letters  and  packages,  and  also  final  certificates  and  patents 
for  land,  free  of  postage. 

Sec.  12.  And  be  it  further  enacted,  That  the  commissioner  of  the 
land-office  shall  be  authorized  to  employ  a  sufficient  number  of  clerks : 
Provided,  that  their  annual  compensation  shall  not  exceed  in  the  whole, 
seven  thousand  dollars;  and  the  said  compensation  shall  be  paid  in  the 
following  manner  during  the  year  one  thousand  eight  hundred  and 
twelve;  that  is  to  say:  three  thousand  eight  hundred  dollars  shall  be 
paid  out  of  the  monies  appropriated  for  the  compensation  of  clerks, 
during  said  year,  in  the  office  of  the  Secretary  of  the  Treasury;  one 
thousand  four  hundred  dollars  shall  be  paid  out  of  the  monies  appro- 
priated for  the  compensation  of  clerks,  during  said  year,  in  the  office  of 
the  Secretary  of  State:  and  three  hundred  dollars  shall  be  paid  out  of 
the  monies  appropriated  for  the  compensation  of  clerks,  during  said  year, 
in  the  office  of  the  Secretary  of  War. 

Approved,  April  25, 1812. 


Statuts  I 


April  S5, 181S.     Chap.  LXIX.— ^i^  Jet  to  revive  and  continue  in  f one  ^*j8n  aet  to  provide  for 
'  penom  who  were  dieabled  by  known  wounde  received  in  the  Bevobdionary 

Wwr^^  cmdfor  other purpo§e9,{a) 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  act,  entituled  *'An 

(a)  AcU  relative  to  Re? olutionary  Invalid  Penaiona : — 

An  act  providing  for  the  payment  of  the  invalid  penaiooera  of  the  United  Statea.  (Expired.)  Septem- 
ber 39,  1789,  chap.  34. 

An  act  farther  to  provide  for  the  payment  of  the  invalid  penaionera  of  the  United  Sutea.  (Expired.) 
July  16,  1790,  chap.  37. 

An  act  to  provide  Ibr  the  aettlement  of  the  claima  of  widowa  and  orphana,  barred  by  the  limitatioiia 
heretofore  eaubiiahed,  and  to  regulate  the  claims  to  invalid  penaiona.  (Obaolete.)  March  33,  1793, 
chap.  11. 

An  act  to  regulate  the  claima  to  invalid  penaiona.    (Obaolete.)    February  38,  1793,  chap.  17.. 

An  act  concerning  invalida.    (Obaolete.)    June  7,  1794,  chap.  67. 

Reaolntion.    (Obaolete.)    June  9,  1794. 

Reaolution.    (Obaolete.)    April  18,  1796. 

An  act  to  make  proviaion  for  peraona  that  have  been  diaabled  by  known  wounda  received  in  the  actual 
■ervico  of  the  United  Statea,  daring  the  revolutionary  war.    (Repealed.)    March  3,  1803,  chap.  37. 

An  act  for  the  relief  of  certain  military  penaionera  in  the  aUte  of  South  Carolina.  Obaolete.)  March 
8, 1804,  chap.  18. 

An  act  in  addition  to  "  an  act  making  proviaion  for  peraona  that  have  been  diaabled  by  known  wounde 
received  in  the  actual  aervice  of  the  United  Statea,  during  the  revolutionary  war,*'  March  3,  1805,  chap. 
44. 

An  act  to  provide  fbr  peraona  who  were  diaabled  by  known  wounda  received  in  the  revolutionary  war, 
April  10,  1806,  chap.  36. 

An  act  to  revive  and  continue  in  force,  «  an  act  to  provide  for  peraona  who  were  diaabled  by  known 
wounda  received  in  the  revolutionary  war,"  and  for  other  purpoaea.  (Expired.)  April  36,  1813,  chap.  69. 

An  act  to  provide  for  certain  peraona  engaged  in  the  land  and  naval  aervice  of  the  United  Statea,  in  the 
revolutionary  war,  March  18,  1818,  chap.  18. 

An  act  concerning  invalid  penaionera.    (Expired.)    March  3,  1819,  chap.  97. 

An  act  in  addition  to  an  act  entitled,  "An  act  to  provide  for  certain  peraona  engaced  in  the  land  and 
naval  aervice  of  the  United  Statea,  in  the  revolutionary  war,"  paaaed  the  18th  day  of  March,  1818,  May 
1,  1830,  chap.  61. 

An  aet  to  revive  and  continue  in  force,  «  an  act  to  provide  for  peraona  who  were  diaabled  by  known 
wounda  received  in  the  revolutionarv  war,"  and  for  other  purpoaea.  (Expired.)   May  16,  1830,  ch.  108. 

An  act  to  revive  and  continue  in  rorce  an  act  entitled,  "An  act  to  provide  for  peraona  who  were  diaa- 
bled by  known  wounda  received  in  the  revolutionary  war."    (Expired.)    February  4,  1833,  chap.  6. 

An  act  aupplementaiT  to  the  acta  providinc  for  certain  peraona  engaged  in  the  land  and  naval  eervic* 
of  the  United  Sutea,  March  3,  1833,  chap.  68. 

An  act  for  the  relief  of  certain  aurviving  ofllcera  and  ioldien  of  the  army  of  the  revolution,  May  16, 
1838,  chap.  63. 

An  act  anpplementary  to  the  *'  act  for  the  relief  of  oertaia  aurviving  oficen  ead  aoldlen  of  the  exmj 
of  the  revolution,"  Jono  7, 1833|  chap.  136. 


TWELFTH  CONGRESS.    Ssss.  I.  Ch.  70,  71.    1812. 


719 


act  to  provide  for  persons  who  were  disabled  by  known  wounds  received     Former  act  re. 
in  the  revolutionary  war,"  passed  on  the  tenth  of  April,  one  thousand   ^^^^^f^^' 
eight  hundred  and  six,  shall  be,  and  the  same  is  hereby  revived  and  con* 
tinued  in  force  for  and  during^  the  space  of  six  years  from  the  passage 
of  this  act,  and  from  thence  to  the  end  of  the  next  session  of  Congress 
thereafter,  and  no  longer. 

Sec.  2.  And  he  it  Jurther  enacted,  That  the  agents  for  the  payment      Agenta  for 
of  invalid  pensioners  of  the  United  States,  shall  in  future  be  required  to  P*y»?K    «^^l«d 
give  bond  with  two  or  more  sureties,  to  be  approved  by  the  Secretary  for  KSdMuj.fcc!* 
the  department  of  War,  in  a  sum  not  exceeding  five  thousand  dollars  for 
the  faithful  discharge  of  the  duties  confided  to  them  respectively. 

Approved,  April  25,  1812. 

_  Statuts  I. 

Cbap.  LXX. — Jn  Ati  authorizing  the  departure  €f  thipe  and  veuebfrom  the    April  27, 1818. 
ports  and  harbors  <f  the  United  States,  in  certain  eases.  

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United      Vesseli  char- 
J^ates  of  America  in  Congress  assembled.  That  any  ship  or  vessel  which   tared  by  goter^ 
heretofore  has  been,  or  which  hereafter  may  be  chartered  and  laden  on   "^de'partT* 
account  of  the  government  of  the  United  States,  shall  be  permitted  to 
depart  from  the  ports  and  harbors  of  the  United  States,  and  the  territo- 
ries thereof,  any  thing  in  any  former  law  to  the  contrary  notwithstanding. 

Approved,  April  27,  1812. 


Statdtb  I. 

April  39, 1812. 

Act  of  April 
9,  1814,  ch.  49. 

Act  of  March 
3,]815,ch.  94. 

Diatrict  court 
tocoDiiatoftwo 
Jodgea. 


Crap.  LXXI.— w^n  Act  authorizing  the  appointment  tf  an  additional  Judge  cf 
the  District  Court,  for  the  district  of  New  York, 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  Unitjtd 
States  of  America  in  Congress  assembled,  That  the  district  court  in  the 
New  York  district  shall  consist  of  tvTo  judges,  to  wit,  of  the  present 
judge  of  said  district  so  long  as  he  shall  continue  in  office,  and  such 
other  district  judge  or  judges,  as  may  from  time  to  time  be  appointed, 
who  shall  reside  in  said  district,  and  severally  exercise  like  powers,  as 
may  be  exercised  by  the  present  judge  of  said  district,  and  receive  the 
same  compensation  whereto  he  is  entitled. 

Sec.  2.  And  be  it  further  enacted.  That  the  senior  judge  of  the  dis- 
trict, when  present,  shall  preside  in  said  district  court,  and  whenever 
the  judges  shall  differ  in  opinion  in  any  cause,  the  order  or  judgment  of 
court  in  every  such  case,  shall  be  made  and  rendered  in  conformity  with 
the  opinion  of  the  presiding  judge.  And  said  court  may  be  held,  and 
the  business  thereof  proceeded  with,  by  one  judge  in  the  absence  of  the 
other.  And  the  senior  judge  of  the  district  for  the  time  being,  is  hereby 
designated,  and  is  to  be  deemed  the  district  judge,  who,  together  with 
one  of  the  justices  of  the  supreme  court,  is  to  compose  the  circuit  court 
of  the  United  States  in  said  district ;  but  in  the  absence  of  said  senior 
judge  from  said  court,  his  place  may  be  supplied  by  the  other  judge 
of  the  district. 

An  act  to  amend  the  act  entitled,  «An  act  for  the  relief  of  certain  annriving  officera  and  aoldiera  of 
the  reTolationarjr  annjr,»  July  14,  1832,  chap.  237. 

Reaolotion  in  relation  to  the  execution  of  an  act  anpplemental  to  an  act  for  the  relief  of  certain  officera 
and  aoldiera  of  the  retolution,  July  14,  1832. 

An  act  to  amend  an  act  entitled,  "An  act  for  the  relief  of  certain  officera  and  aoldiera  of  the  reTolu- 
tionary  army,*'  February  19,  1833,  chap.  31. 

Reaolution  in  relation  to  the  execution  of  the  act  aupplemental  to  the  act  for  the  relief  of  certain  offi- 
cera and  aoldiera  of  the  reToIntion,  March  2,  1833. 

An  act  granting  half  pay  to  widowa  or  orphana  when  their  hnabanda  or  fathera  hate  died  of  wounda 
received  in  the  military  aervice  of  the  United  Statea,  in  certain  caaea,  and  for  other  purpoaea,  July  4, 
1836,  chap.  362. 

An  act  granting  half  pay  and  penaiona  to  certain  widowa,  July  7,  1838,  chap.  189. 

An  act  to  amend  the  act  of  July  18,  1836  and  1838,  allowing  penaiona  to  certain  widowi,  Augnat  23, 
1842,  chap.  191. 

An  act  to  continue  the  penaiona  to  certain  widowa,  June  17, 1844,  chap.  102. 


Senior  judge'a 
opinion  to  be 
the  judgment  of 
the  court. 

One  judge  may 
conatitute  the 
court,  either,  in 
the  abaence  of 
the  other,  to  aa- 
aitt  in  forming 
the  circuit 
court. 


720 


TWELFTH  CONGRESS.    Sbss.  I.  Ch.  72.    1812. 


Tunet  and 
placet  of  hold- 
ug  the  district 
court  at  UUca, 
CreneTa  and  Sa- 
lem. 

▲  clerk  to  be 
appointed  to  re- 
■ide  at  Utica. 


Act  of  Feb.  28, 
1799,  ch.  19. 


Statutk  I. 


Sbc.  3.  And  be  it  further  enacted.  That  there  shall  be  held  annually 
foar  additional  sessions  of  the  district  court  for  the  district  of  New  York, 
to  wit:  at  Utica,  on  the  first  Tuesdays  of  April  and  October;  at  Geneva, 
on  the  third  Tuesday  of  September;  and  at  Salem  on  the  third  Tuesday 
of  October.  A  clerk  shall  be  appointed  by  the  district  judges  of  said 
district,  who  shall  reside  at  Utica,  and  attend  said  court  at  the  places 
aforesaid,  and  do  all  the  duties  of  said  office  of  clerk,  which  may  accrue 
at  or  from  the  sessions  of  the  court  at  said  places,  both  in  and  out  of 
court,  and  be  allowed  the  same  fees  and  compensation  as  by  law  is  al- 
lowed to  clerks  of  the  district  courts.  The  said  judges  may  allot  themsdyes 
as  they  shall  think  fit  for  the  purpose  of  their  holding  separately  the 
several  stated  and  special  courts  to  be  held  by  virtue  of  this  or  any  other 
act  for  the  district  of  New  York. 

Approved,  April  29,  1812. 


Act  of  March 
3, 1816,  ch.  78. 

A  compaa  J  of 
bombardiera, 
■apperi  and  mi- 
nere  to  be 
formed. 


April  29, 18ia.    Chap.  LXXlh-^Jin  Jet  making  furtmer  provinan  for  ike  (hrp$  cf  Engineere, 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  there  be  added  to  the 
corps  oi*  engineers,  two  captains;  two  firM  lieutenants,  two  second  lieu- 
tenants, with  the  usual  pay  and  emoluments,  according  to  their  grades 
respectively,  and  one  paymaster,  to  be  taken  from  the  subalterns  of 
engineers,  with  the  pay  and  emoluments  of  a  regimental  paymaster;  and 
that  there  be  attached  to  the  said  corps,  either  from  the  troops  now  in 
service,  or  by  new  enlistments,  as  the  President  of  the  United  States 
may  direct,  four  sergeants,  four  corporals,  one  teacher  of  music,  four 
musicians,  nineteen  artificers  and  sixty-two  men,  which  non-commis- 
sioned officers,  musicians,  artificers  and  men,  together  with  the  artificers 
and  men  already  belonging  to  the  corps  of  engineers,  shall  be  formed 
into  a  company,  to  be  styled  a  company  of  bombardiers,  sappers  and 
miners,  and  be  officered  from  the  corps  of  engineers,  according  as  the 
commanding  officer  of  that  corps  may,  with  the  approbation  of  the  Pre- 
sident of  the  United  States,  direct;  and  the  said  non-commissioned  offi- 
cers, musicians,  artificers  and  men,  shall  be  allowed  the  same  pay  and 
emoluments  as  are  allowed  to  the  non-commissioned  officers,  musicians, 
artificers  and  men  in  the  regiment  of  artillerists. 

Skc.  2.  And  be  it  further  enacted.  That  the  military  academy  shall 
consist  of  the  corps  of  engineers,  and  the  following  professors,  in  addi- 
tion to  the  teachers  of  the  French  language  and  drawing  already  pro- 
vided, viz :  one  professor  of  natural  and  experimental  philosophy,  with 
the  pay  and  emoluments  of  lieutenant  colonel,  if  not  an  officer  of  the 
corps,  and  if  taken  from  the  corps,  then  so  much  in  addition  to  his  pay 
and  emoluments  as  shall  equal  those  of  a  lieutenant  colonel ;  one  pro- 
fessor of  mathematics,  with  the  pay  and  emoluments  of  a  major,  if  not 
an  officer  of  the  corps,  and  if  taken  from  the  corps,  then  so  much  in 
addition  to  his  pay  and  emoluments,  as  shall  equal  those  of  a  major ; 
one  professor  of  the  art  of  engineering  in  all  its  branches  with  the  pay 
and  emoluments  of  a  major,  if  not  an  officer  of  the  corps,  and  if  taken 
from  the  corps,  then  so  much  in  addition  to  his  pay  and  emoluments 
as  shall  equal  those  of  a  major ;  each  of  the  foregoing  professors  to  have 
an  assistant  professor,  which  assistant  professor  shall  be  taken  from  the 
most  prominent  characters  of  the  officers  or  cadets,  and  receive  the  pay 
and  emoluments  of  captains,  and  no  other  pay  or  emoluments  whUe  per- 
forming these  duties:  Provided,  that  nothing  herein  contained  shall 
entitle  the  academical  staff,  as  such,  to  any  command  in  the  army  sepa- 
rate from  the  academy. 
Nomber  of  Sec.  3.  And  be  it  further  enacted.  That  the  cadets  heretofore  ap- 

cadeu  limited      pointed  in  the  service  of  the  United  States,  whether  of  artillery,  cavalry. 


To  be  officered 
firom  the  corpa 
of  engineer*. 

The  same  paj 
and  emolomenta 
ai  allowed  in  the 
regiment  of  ar- 
tilleriate. 

Military  aca- 
demy  how  con- 
•tituted. 

Act  of  March 
16,  1802,  ch.  9, 
aec  38. 

Profeaaor  of 
natural  philoao- 


""^fi 


ofettor   of 
mathematici. 


Professor  of 
engineering. 


Asaiitant  pro- 
Ibtaor. 


Proriao. 


TWELFTH  CONGRESS.    Bus.  I.  Ch.  76.    181S. 


721 


riflemen  or  infantry,  or  that  may  in  future  he  appointed  as  herein  after 
provided,  shall  at  no  time  exceed  two  hundred  and  6fty :  that  they  may 
oe  attached  at  the  discretion  of  the  President  of  the  United  States,  as 
students  to  the  military  academy,  and  be  subject  to  the  established  regu- 
lations thereof;  that  they  shall  be  arranged  into  companies  of  non- 
commissioned officers  and  privates,  according  to  the  directions  of  the 
commandant  of  engineers,  and  be  officered  from  the  said  corps,  for  the 
purposes  of  military  instruction ;  that  there  shall  be  added  to  each  com- 
pany of  cadets  four  musicians;  and  the  said  corps  shall  be  trained  and 
taught  all  the  duties  of  a  private,  non-commissioned  officer,and  officer; 
be  encamped  at  least  three  months  of  each  year,  and  taught  all  the  duties 
incident  to  a  regular  camp :  that  the  candidates  for  cadets  be  not  under 
the  age  of  fourteen,  nor  above  the  age  of  twenty-one  years ;  that  each 
cadet,  previously  to  his  appointment  by  the  President  of  the  United 
States,  shall  be  well  versed  in  reading,  writing  and  arithmetic,  and  that 
he  shall  sisn  articles,  with  the  consent  of  his  parent  or  guardian,  by 
which  he  shall  engage  to  serve  five  years,  unless  sooner  discharged ;  and 
aU  such  cadets  shall  be  entitled  to  and  receive  the  pay  and  emoluments 
now  allowed  by  law  to  cadets  in  the  corps  of  engineers. 

Src.  4.  And  he  it  further  enacted,  That  when  any  cadet  shall  receive 
a  regular  degree  from  the  academical  suff,  after  going  through  all  the 
classes,  he  shall  be  considered  as  among  the  candidates  for  a  commis- 
sion in  any  corps,  according  to  the  duties  he  may  be  judged  competent 
to  perform ;  and  in  case  there  shall  not  at  the  time  be  a  vacancy  in  such 
corps,  he  may  be  attached  to  it  at  the  discretion  of  the  President  of  the 
United  States,  by  brevet  of  the  lowest  grade,  as  a  supernumerary  officer, 
with  the  usual  pay  and  emoluments  of  such  grade,  until  a  vacancy  shall 
happen :  PromdeOf  that  there  shall  not  be  more  than  one  supernumerary 
officer  to  any  one  comimny  at  the  same  time. 

Sec.  5.  And  be  U  Jnrther  enacted^  That  the  sum  of  twenty-five  thou- 
sand dollars  be,  and  the  same  is  hereby  appropriated,  to  be  paid  out  of 
any  money  in  the  treasury  not  otherwise  appropriated,  for  erecting  build- 
ings, and  for  providing  an  apparatus,  a  library  and  all  necessary  imple- 
ments, and  for  such  contingent  expenses  as  may  be  necessary  and 
proper,  in  the  judgment  of  the  President  of  the  United  States,  for  such 
an  mstitution. 

Seo.  6.  And  be  it  further  enacted.  That  so  much  of  the  twen(y-<ixth 
section  of  the  act  entituled  "An  act  fixing  the  military  peace  establish- 
ment, passed  the  sixteenth  day  of  March,  one  thousand  eight  hundred 
and  two,"  as  confines  the  selection  of  the  commander  of  the  corps  of 
engineers  to  the  said  corps,  be,  and  the  same  is  hereby  repealed. 

Approved,  April  5»,  1812. 


CuAF.LXXV^-^in  Jet  further  to  amend  the  Charter  cf  the  diy  ef  WaMng- 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  firom  and  after  the  first 
Monday  of  June  next,  the  corporation  of  the  city  of  Washington  shall 


to  two  himdred 
tndfiAy. 


RegnUtioBi 
ooncomiiiff 
tliem.    ^ 


Ag«  tad  oual. 
ificationt  or  Um 


Term  of  Mr. 
Yieo. 

Wh«n  cadet! 
■hall  be  conaid* 
ered  as  candi* 
dateaforpr 
tion. 


PrOYiio. 

Appropriatioa 
for  militarj 
academy. 


Twenty-ainh 
■ection  of  act 
of  March  16, 
180S,  ch.  9,  re. 
pealed. 


Statdts  I. 
May  4,  1812. 

[Repealed.] 
Act   of  May 

8,  l80S,ch.6S. 
Act  of  Feb. 

34, 1804,  ch.  14. 


(a)  In  the  talea  of  lots,  in  the  city  of  Wathington,  the  lota  are  not  charveable  for  their  proportion  of 
the  internal  alley  laid  out  for  the  common  benefit  of  the  lota;  although  the  practice  ao  to  charge  them 
haa  been  heretofore  nniTersally  acquieiced  in  by  parohaaera ;  and  if  a  pnrehiiaer  haa  acqnieiced  in  thai 
practice,  and  has  receiTod  a  conTeyance  accordinffly  without  objection,  yet  he  does  not  thereby  aeqnira 
'  n  of  the  alley;  and  he  may  in  equity,  recoTor  back  the  pnrehaae  money 
Pratt  and  others  v.  Law,  Campbell,  Bus.,  9  Cranch,  406 ;  8  Cond.  Rep. 


a  fee  aimple  in  auch  proportion 
which  he  has  paid  therefor.    F 


480. 


In  1888,  Congreas  passed  an  act  anthorising  the  corporation  of  Waahtngton  to  drain  the  ground  in  and 
near  certain  public  reserrationa,  and  to  improve  and  ornament  certain  parta  of  the  public  reaenrationa. 
The  corpontion  are  empowered  to  make  an  agreement,  by  which  parts  of  the  location  of  the  canal  ahall 
be  changed,  for  the  purpose  of  draining  and  d^ing  the  low  grounds  near  the  PennsylTania  arenue,  1^ 
To  effect  theae  objects,  the  corporation  ia  authorised  to  lay  off  in  building  lota  cerUin  parta  «f  the  pabUc 

Vol.  II.— 91  3P 


722  TWELFTH  CX)NGRESS.    Sess.  I.  Ch.  75.     1812. 

i^fif  ^^h^Si*^'  be  composed  of  a  mayor,  a  board  of  aldermen  and  a  board  of  common 

Act^oV  Feb.  council  to  be  elected  bj  ballot,  as  herein  after  directed.     The  board  of 

28, 1820,  ch.  16^  aldermen  shall  consist  of  eight  members,  to  be  elected  for  two  years, 

m^iion^  h^R?  ^^^  ^®  ^®  residents  of  and  chosen  from  each  ward  by  the  qualified  voters 

'       »^  '    -  resident  therein;  and  the  board  of  common  council  shall  consist  of 

re«erT«tiona,  No.  10,  11,  and  12,  and  of  other  squares,  and  also  a  part  of  B.  street,  as  laid  out  and  desig- 
nated  in  the  original  plan  of  the  city,  which  lots  thej  may  sell  at  auction,  and  apply  the  proceeds  to  those 
objects,  and  alurwaras  to  enclosing,  planting  and  improving  other  reserrations,  and  Duilding  bridges, 
&c.;  the  surplus,  if  any,  to  be  paid  into  the  treasury  of  the  United  States.  The  act  aothoriaes  the  heirs, 
&c.  of  the  former  proprietors  of  the  land  on  which  the  city  was  laid  out,  who  may  consider  themselves 
injured  by  the  purposes  of  the  act,  to  institute  in  the  circuit  court  a  bill  in  ecjuity,  in  the  nature  of  a  peti- 
tion  of  right,  against  the  United  States,  setting  forth  the  grounds  of  any  claim  they  may  consider  them- 
selves entitled  to  make,  to  be  conducted  according  to  the  rules  of  a  court  of  equity;  Uie  court  to  hear 
and  determine  upon  the  claim  of  the  plaintiffs,  and  what  portion,  if  any,  of  the  money  arising  from  the 
■ale  of  the  lots  thev  may  be  entitled  to,  with  a  right  of  appeal  to  the  supreme  court.  The  plaintiffs.  Van 
Ness  and  wife,  fiiea  in  the  circuit  court  their  bill  against  the  United  States  and  the  corporation  of  Wash** 
ington,  claiming  title  to  the  lots  which  had  been  thus  sold,  under  David  Burns,  the  original  proprietor  of 
that  part  of  the  city,  and  father  o(  one  of  the  plaintiffs,  on  the  ground  that  by  tlie  agreement  between 
the  United  States  and  the  original  proprietors,  upon  laying  out  the  city,  those  reservations  and  streets 
were,  for  ever,  to  remain  for  public  use ;  and,  without  the  consent  of  the  proprietors,  could  not  be  otherwise 
appropriated  or  sold  for  private  use ;  that  the  act  of  Congress  was  a  violation  of  that  contract ;  that  by 
such  sale  and  appropriation  for  private  use  the  right  of  the  United  States  thereto  wad  determined,  or  that 
the  original  proprietors  re-acquired  a  right  to  have  the  reservations,  Ace.  laid  out  in  building  lots  for  their 
joint  and  equal  benefit  with  the  United  States,  or  that  they  wore  in  equity  entitled  to  the  whole  or  a 
moiety  of  the  proceeds  of  the  sales  of  the  lots.  Held,  by  the  supreme  court,  that  no  rights  or  claims 
exist  m  the  former  proprietors  or  their  heirs,  and  that  the  proceedings  of  the  corporation  of  Washington, 
nnder  and  in  conformity  with  the  provisions  of  the  act,  are  valid  and  effectual  for  the  purposes  of  the 
act.     Van  Ness  et  al.  v.  The  City  of  Washington  and  the  United  States,  4  Peters,  232. 

The  official  tax  books  of  the  corporation  of  Washington,  made  up  by  the  register  from  the  original  re- 
turns  or  lists  of  the  assessors  laid  oefore  the  court  of  appeals,  he  bein^  empowered  by  the  ordinances  of 
the  corporation  to  correct  the  viluations  made  by  tlie  assessors,  are  evidence  ;  and  it  is  not  required  that 
the  assessor's  original  lists  shall  bo  produced  in  evidence,  to  prove  the  assessment  of  the  taxes  on  real 
estate  in  the  city  of  Washington.     Aonkendorf  v.  Taylor's  Lessee,  4  Peters,  349. 

In  an  ex  parte  proceeding,  as  a  sale  of  land  for  taxes  under  a  special  authority,  great  strictness  is  re- 
quired. To  divest  an  individual  of  his  property  against  his  consent,  every  substantial  requisite  of  the 
law  must  be  complied  with.  No  oresumption  can  be  raised,  in  behalf  of  a  collector  who  sells  real  estate 
for  taxes,  to  cure  any  radical  defect  in  nis  proceedings  ;  and  the  proof  of  regularity  devolves  upon  the 
person  who  claims  under  the  collector's  sale.    Ibid, 

Proof  of  the  rcgdiar  appointment  of  the  assessors  is  not  necessary.  They  acted  under  the  authority  of 
the  corporation,  and  the  highest  evidence  of  this  fact  is  the  sanction  given  to  their  returns.    Ibid, 

The  act  of  Congress,  under  which  the  lot  in  the  city  of  Washington  in  controversy  was  sold,  required 
that  public  notice  of  the  time  and  place  of  sale  of  lots,  the  propertv  of  non>residents,  should  be  given, 
by  aavertising  *'  once  a  week"  in  some  newspaper  in  the  city  for  three  months.  Notice  of  the  sale  of 
the  lot  in  controversy  was  published  for  three  months;  but  in  the  course  of  that  period,  eleven  days  at 
one  time,  at  another  ten  days,  apd  ot  another  eight  days  transpired  in  sbcceeding  weeks,  between  the 
insertions  of  the  advertisement  in  the  newspapers.  "A  week  *'  is  a  definite  period  of  time,  commencing 
on  Sunday  and  ending  on  Saturday.  The  notice  was  published  Monday,  January  6th,  and  was  omitted 
nntil  Saturday,  January  18lh,  leaving  an  interval  of  eleven  days.  Still  the  publication  on  Saturdav  was 
within  the  week  preceding  the  notice  of  the  6th ;  and  this  was  sufficient.  It  would  be  a  most  ri^d  con- 
struction of  the  act  of  Congress,  justified  neither  by  its  spirit  nor  its  language,  to  say  that  this  notice  must 
be  published  on  any  particular  day  of  a  week.  If  published  once  a  week  for  three  months,  the  law  is 
complied  with,  and  its  object  effectuated.    IMd. 

No  doubt  can  exist  that  a  part  of  a  lot  may  be  sold  for  taxes,  where  they  have  accrued  on  such  part. 
Ibid. 

The  lot  on  which  the  taxes  were  assessed,  belonged  to  two  persons  as  tenants  in  common.  The  assess- 
ment was  made  by  a  valuation  of  each  half  of  the  lot.  To  make  a  sale  of  the  interest  of  one  tenant  in 
common  for  unpaid  taxes  valid,  it  need  not  extend  to  the  interest  of  both  claimants;  one  having  paid  his 
tax,  the  interest  of  the  other  may  well  be  sold  for  the  balance.    Ibid. 

The  advertisement  purported  to  sell  *<  half  of  lot  No.  4,  in  square  No.  491 ;"  and  the  other  half  was 
advertised  in  the  same  manner,  as  belonging  to  the  other  tenant  in  common.  This  was  not  a  sufficient 
advertisement;  and  a  sale  made  under  the  same  was  void.  It  is  not  sufficient  that  in  an  advertisement 
of  land  for  sale  for  unpaid  taxes,  such  a  description  is  given  as  would  enable  the  persons  desirous  of  pur- 
chasing, to  ascertain  tne  situation  of  the  property  by  inquiry ;  nor,  if  the  purchaser,  at  the  sale,  had  been 
informed  of  every  fact  neces»arv  to  enable  him  to  fix  a  value  upon  the  property,  would  the  sale  be  valid, 
unless  the  same  information  had  been  communicated  to  the  public  in  the  notice.    Ibid. 

The  10th  section  of  the  act  of  Congress  provides  that  real  property  in  Washington,  on  which  two  or 
more  years'  taxes  shall  be  duo  and  unpaid,  may  be  sold,  &c.  In  this  section  a  distinction  is  made  between 
a  general  and  a  special  tax.  Property  may  be  sold  to  pay  the  former  as  soon  as  two  years'  tax  shall  be 
due;  but  to  pay  the  latter,  property  cannot  be  sold  until  the  expiration  of  two  rears  after  the  second 
year's  Ux  becomes  due.  The  Uxes  for  which  the  property  in  controversy  was  sold,  became  due,  by  the 
ordinance  of  the  corporation,  on  the  1st  day  of  January,  1821  and  1822.  The  special  tax  for  paving  was 
charg«i  against  the  lot  in  1820,  and  became  due  on  the  first  of  January,  1821 :  out  the  ground  on  which 
it  was  assessed,  was  not  liable  to  be  sold  for  the  tax  until  the  1st  of  January,  1823.  The  first  notice  of 
the  sale  was  given  on  the  6th  of  December,  1822,  nearly  a  month  before  the  lot  was  liable  to  be  sold  for 
the  special  tax  of  1820.  Held,  by  the  supreme  court,  that  the  whole  period  should  have  elapsed,  which 
was  necessary  to  render  the  lot  liable  to  be  sold  for  the  special  Ui,  before  the  advertisement  was  pub- 
lish<*d.    Ibid. 


TWELFTH  CONGRESS.    Sess.  I.  Ch.  75.     1812. 


728 


twelve  members,  to  be  elected  for  one  year,  three  to  be  residents  of  and 
chosen  from  each  ward  in  manner  aforesaid :  and  each  board  shall  meet 
at  the  council  chamber  on  the  second  Monday  in  June  next  (for  the 
despatch  of  business}  at  ten  o'clock  in  the  morning,  and  on  the  same 
day  and  at  the  same  hour  annually  thereafter.  A  majority  of  each  board 
shall  be  necessary  to  form  a  quorum  to  do  business,  but  a  less  number 
may  adjourn  from  day  to  day.  The  board  of  aldermen,  immediately 
after  they  shall  have  assembled  in  consequence  of  the  first  election  shall 
divide  themselves  by  lot  into  two  classes ;  the  seats  of  the  first  class  shall 
be  vacated  nt  the  expiration  of  one  year,  and  the  seats  of  the  second 
class  shall  be  vacated  at  the  expiration  of  two  years,  so  that  one  half 
may  be  chosen  every  year.  Each  board  shall  appoint  its  own  president 
from  among  its  own  members,  who  shall  preside  during  the  sessions  of 
the  board,  and  shall  have  a  casting  vote  on  all  questions  where  there  is 
an  equal  division :  Provided,  such  equality  shall  not  have  been  occa- 
sionaj  by  his  previous  vote. 

Sec.  2.  And  be  it  Jurther  enacted,  That  no  person  shall  be  eligible 
to  a  seat  in  the  board  of  aldermen  or  board  of  common  council,  unless 
he  shall  be  more  than  twenty-five  years  of  age,  a  free  white  male  citizen 
of  the  United  States,  and  shall  have  been  a  resident  of  the  city  of  Wash- 
ington one  whole  year  next  preceding  the  day  of  election,  and  shall,  at 
the  time  of  his  election,  be  a  resident  of  the  ward  for  which  he  shall  be 
elected,  and  possessed  of  a  freehold  estate  in  the  said  city  of  Washing- 
ton, and  shall  have  been  assessed  two  months  preceding  the  day  of  elec- 
tion. And  every  free  white  male  citizen  of  lawful  age,  who  shall  have 
resided  in  the  city  of  Washington  for  the  space  of  one  year  next  preced- 
ing the  day  of  election,  and  shall  be  a  resident  of  the  ward  in  which  he 
shall  offer  to  vote,  and  who  shall  have  been  assessed  on  the  books  of  the 
corporation  not  less  than  two  months  prior  to  the  day  of  election,  shall 
be  qualified  to  vote  for  members  to  serve  in  the  said  board  of  aldermen 
and  board  of  common  council,  and  no  other  person  whatever  shall  exer- 
cise the  right  of  sufTrase  at  such  election. 

Sec.  3.  Arid  be  it  jurther  enacted.  That  the  present  mayor  of  the  city 
of  Washington  shall  be,  and  continue  such  until  the  second  Monday  in 
June  next,  on  which  day,  and  on  the  second  Monday  in  June  annually 
thereafter,  the  mayor  of  the  said  city  shall  be  elected  by  ballot  of  the 
board  of  aldermen  and  board  of  common  council  in  joint  meeting,  and 
a  majority  of  the  votes  of  all  the  members  of  both  boards  shall  be  neces- 
sary to  a  choice ;  and  if  there  should  be  an  equality  of  votes  between 
two  persons,  after  the  third  ballot,  the  two  boards  shall  determine  the 
choice  by  lot.  He  shall,  before  he  enters  upon  the  duties  of  his  office, 
take  an  oath  or  affirmation,  in  the  presence  of  both  boards,  *'  lawfully  to 
execute  the  duties  of  his  office  to  the  best  of  his  skill  and  judgment, 
without  favour  or  partiality."  He  shall,  ex-officio,  have  and  exercise  all 
the  powers,  authority  and  jurisdiction  of  a  justice  of  the  peace  for  the 
county  of  Washington,  within  the  said  county.  He  shall  nominate,  and, 
with  the  consent  of  a  majority  of  the  members  of  the  board  of  aldermen, 
appoint  to  all  offices  under  the  corporation,  (except  the  commissioners 
of  election,)  and  any  such  officer  shall  be  removed  from  office  on  the 
concurrent  remonstrance  of  a  majority  of  the  two  boards.  He  shall  see 
that  the  laws  of  the  corporation  be  duly  executed,  and  shall  report  the 
negligence  or  misconduct  of  any  officer  to  the  two  boards.  He  shall 
appoint  proper  persons  to  fill  up  all  vacancies  during  the  recess  of  the 
board  of  aldermen,  to  hold  such  appointment  until  the  end  of  the  then 
ensuing  session.  He  shall  have  power  to  convene  the  two  boards,  when 
in  his  opinion  the  good  of  the  community  may  require  it;  and  he  shall 
lay  before  them  from  time  to  time,  in  writing,  such  alterations  in  the 
laws  of  the  corporation,  as  he  shall  deem  necessary  or  proper,  and  shall 
receive  for  his  services  annually,  a  just  and  reasonable  compensation, 


Act  of  Mty 

26,  1824,  ch.  80. 

Corporation 
of  the  city- 
how  compoted. 


Proviao. 


Qoalificationt 
of  the  elected. 


And  electors. 


PreBont  major 
to  be  continned 
in  office  till 
June. 

Mayor  there- 
after to  be  an- 
nually appoint- 
ed. 


Hii  dotiea, 
&c.aus. 


7M 


TWELFTH  CONGRESS.    Skm.  I.  Ch.  75.    1813. 


Qailifloatiou 
•f  Buijror. 


Timet  and 
model  of  elee* 
tioni  for  the 
botrdi  of  alder- 
men and  com- 
mon council. 


Election!. 


to  be  allowed  and  fixed  by  the  two  boards,  which  shall  neither  be  in* 
creased  nor  diminished  during  the  period  for  which  he  shall  have  been 
elected.  Any  person  shall  be  eligible  to  the  office  of  mayor,  who  is  a 
free  white  male  citizen  of  the  United  States,  who  shall  have  atuined  to 
the  age  of  thirty  years,  and  who  shall  be  the  bona  fide  owner  of  a  free- 
hold estate  in  the  said  city,  and  shall  have  been  resident  in  the  said  city 
two  years  immediately  preceding  his  election :  and  no  other  person  shall 
be  eligible  to  the  said  office.  In  case  of  the  refusal  of  any  person  to 
accept  the  office  of  mayor  upon  his  election  thereto,  or  of  his  death, 
resignation,  inability  or  removal  from  the  city,  the  said  two  boards  shall 
elect  another  in  his  place  to  serve  the  remainder  of  the  year. 

Sec.  4.  And  be  it  further  enacted^  That  the  first  election  for  members 
of  the  board  of  aldermen  and  board  of  common  council,  shall  be  held 
on  the  first  Monday  in  June  next,  and  on  the  first  Monday  in  June  annu- 
ally thereafter:  the  first  election  to  be  held  by  three  commissioners,  to  be 
appointed  in  each  ward  by  the  mayor  of  the  city,  and  at  such  place  in 
each  ward  as  be  may  direct;  and  all  subsequent  elections  shall  be  held 
by  a  like  number  of  commissioners,  to  be  appointed  in  each  ward  by  the 
two  boards  in  joint  meeting,  which  several  appointments,  except  the  first, 
shall  be  at  least  ten  days  previous  to  the  day  of  each  election.  And  it 
shall  be  the  duty  of  the  mayor,  for  the  first  election,  and  of  the  commis- 
sioners for  all  subsequent  elections,  to  five  at  least  five  days'  previous 
public  notice  of  the  place  in  each  ward  where  such  elections  are  to  be 
held.  The  said  commissioners  shall,  before  they  receive  any  ballot, 
severally  take  the  following  oath  or  affirmation,  to  be  administered  by 
the  mayor  of  the  city  or  any  justice  of  the  peace  for  the  county  of  Wasb- 
ington :  "  I,  A.  B.  do  solemnly  swear,  or  affirm  (as  the  case  may  be),  that 
I  will  truly  and  faithfully  receive  and  return  the  votes  of  such  persons  as 
are  by  law  entitled  to  vote  for  members  of  the  board  of  aldermen  and 
board  of  common  council  in  ward,  No.  according  to  the  best  of  mj 
judgment  and  understanding;  and  that  I  will  not,  knowingly,  receive  or 
return  the  vote  of  any  person  who  is  not  legally  entitled  to  the  same,  so 
help  me  God."  The  polls  shall  be  opened  at  ten  o'clock  in  the  morning, 
and  be  closed  at  seven  o'clock  in  the  evening  of  the  same  day.  Imme- 
diately on  closing  the  polls,  the  commissioners  of  each  ward,  or  a 
majority  of  them,  shall  count  the  ballots  and  make  out  under  their  hands 
and  seals  a  correct  return  of  the  two  persons  for- the  first  election,  and 
of  the  one  person  for  all  subsequent  elections,  having  the  greatest  num- 
ber of  legal  votes,  together  with  the  number  of  votes  given  to  each,  as 
members  of  the  board  of  aldermen ;  and  of  the  three  persons  having  the 
greatest  number  of  legal  votes,  together  with  the  number  of  votes  given  to 
each,  as  members  of  the  board  of  common  council ;  and  the  two  persona 
at  the  first  election  and  the  one  person  at  all  subsequent  elections,  having 
the  greatest  number  of  legal  votes  for  the  board  of  aldermen ;  and  the 
three  persons  having  the  greatest  number  of  legal  votes  for  the  board  of 
common  council,  shall  be  duly  elected ;  and  in  all  cases  of  an  equality  of 
votes  the  commissioners  shall  decide  by  lot.  The  said  returns  shall  be 
delivered  to  the  mayor  of  the  city  on  the  succeeding  day,  who  shall 
cause  the  same  to  be  published  in  some  newspaper  printed  in  the  city 
of  Washington.  A  duplicate  return, together  with  a  list  of  the  persons 
who  voted  at  such  election,  shall  also  be  made  by  the  said  commissioners 
to  the  register  of  the  city,  on  the  day  succeeding  the  election,  who  shall 
preserve  and  record  the  same ;  and  shall,  within  two  days  thereafter, 
notify  the  several  persons  so  returned,  of  their  election.  And  each 
board  shall  judge  the  legality  of  the  elections,  returns  and  qualifications 
of  its  own  members;  and  shall  supply  vacancies  in  its  own  body,  by 
causing  elections  to  be  made  to  fill  the  same  in  the  ward  and  for  the 
board  in  which  such  vacancies  shall  happen,  giving  at  least  five  daya^ 
notice  previous  thereto;  and  each  board  shall  have  full  power  to  pass  all 


TWELITra  CONGRESS.    Sbss.  I.  Ch.  76.    1818. 


735 


rules  necessary  and  requisite  to  enable  itself  to  come  to  a  just  decision 
in  cases  of  a  contested  election  of  its  members;  and  the  several  members 
of  each  board  shall,  before  entering  upon  the  duties  of  their  office,  take 
the  following  oath  or  affirmation:  "I  do  swear,  (or  solemnly,  sincerely 
and  truly  affirm  and  declare,  as  the  case  may  be)  that  I  will  faithfully 
execute  the  office  of  to  the  best  of  my  knowledge 

and  ability,"  which  oath  or  affirmation  shall  be  administered  by  the 
mayor  or  some  justice  of  the  peace  for  the  county  of  Washington. 

Sbc.  5.  And  be  it  further  enacted^  That  in  addition  to  the  powers 
heretofore  *granted  to  the  corporation  of  the  city  of  Washington,  by  an 
act,  entituled  "An  act  to  incorporate  the  inhabitants  of  the  city  of 
Washington,  in  the  District  of  Columbia,"  and  an  act,  entituled  "An 
act  supplementary  to  an  act,  entituled  An  act  to  incorporate  the  inhabit- 
ants of  the  city  of  Washington,  in  the  District  of  Columbia,"  the  said 
corporation  shall  have  power  to  lay  taxes  on  particular  wards,  parts  or 
sections  of  the  city,  for  their  particular  local  improvements;  that  after 
providing  for  all  objects  of  a  general  nature,  the  taxes  raised  on  the 
assessable  property  in  each  ward  shall  be  expended  therein,  and  in  no 
other,  in  regulating,  filling  up  and  repairing  of  streets  and  avenues, 
building  of  bridges,  sinking  of  wells,  erecting  pumps  and  keeping  them 
in  repair;  in  conveying  water  in  pipes,  and  in  the  preservation  of  springs; 
in  erecting  and  repairing  wharves ;  in  providing  fire  engines  and  other 
apparatus  for  the  extinction  of  fires;  and  for  oUier  local  improvements 
and  purposes,  in  such  manner  as  the  said  board  of  aldermen  and  board 
of  common  council  shall  provide;  but  the  sums  raised  for  the  support 
of  the  poor,  aged  and  infirm,  shall  be  a  charge  on  each  ward  in  propor- 
tion to  its  population  or  taxation,  as  the  two  boards  shall  decide.  That 
whenever  the  proprietors  of  two  thirds  of  the  inhabited  houses,  fronting 
on  both  sides  of  a  street  or  part  of  a  street,  shall,  by  petition  to  the  two 
branches,  express  their  desire  of  improving  the  same  by  laying  the 
curbstone  of  the  foot  pavement,  and  paving  the  gutters  or  carriage-way 
thereof,  or  otherwise  improving  said  street  agreeably  to  its  graduation, 
the  said  corporation  shall  have  power  to  cause  to  be  done  at  any  expense 
not  exceeding  two  dollars  and  fifty  cents  per  front  foot,  of  the  lots 
fronting  on  each  improved  street  or  part  of  a  street,  and  charge  the 
same  to  the  owners  of  the  lots  fronting  on  said  street  or  part  of  a  street 
in  due  proportion ;  and  also  on  a  \^ke  petition,  to  provide  for  erecting 
lamps  for  lighting  any  street  or  part  of  a  street,  and  to  defray  the  ex- 
pense thereof,  by  a  tax  on  the  proprietors  or  inhabitants  of  such  houses, 
in  proportion  to  their  rental  or  valuation,  as  the  two  boards  shall  decide. 

Sec.  6.  And  be  it  further  enacted,  That  the  said  corporation  shall 
have  full  power  and  authority  to  erect  and  establish  hospitals  or  pest 
houses,  workhouses,  houses  of  correction,  penitentiary  and  other  public 
buildings,  for  the  use  of  the  city,  and  to  lay  and  collect  taxes  for  defray- 
ing the  expenses  thereof;  to  regulate  party  and  other  fences,  and  to 
determine  by  whom  the  same  shall  be  made  and  kept  in  repair;  to  lay 
open  streets,  avenues,  lanes  and  alleys,  and  to  regulate  or  prohibit  all 
enclosures  thereof;  and  to  occupy  and  improve  for  public  purposes,  by 
and  with  the  consent  of  the  President  of  the  United  States,  any  part  of 
the  public  and  open  spaces  or  squares  in  said  city  not  interfering  with 
any  private  rights;  to  regulate  the  measurement  of,  and  weight  by  which 
all  articles  brought  into  the  city  for  sale  shall  be  disposed  of;  to  provide 
for  the  appointment  of  appraisers  and  measurers  of  builder's  work  and 
materials,  and  also  of  wood,  coals,  grain  and  lumber;  to  restrain  and 
prohibit  the  nightly  and  other  disorderly  meetings  of  slaves,  free  negroes 
and  mulattoes,  and  to  punish  such  slaves  by  whipping,  not  exceeding 
forty  stripes,  or  by  imprisonment,  not  exceeding  six  calendar  months, 
for  any  one  offence;  and  to  punish  such  free  negroes  and  mulattoes  for 
such  offences,  by  fixed  penalties,  not  exceeding  twenty  dollars  for  any 

3p3 


Apportionment 
of  taxeiand  ez- 
ponditarof. 


Support  of  the 
poor  to  be  •  ge- 
neral charge. 


Powen  of  the 
corporation. 


726 


TWELFTH  CX)NGRESS.    Sbss.  I.  Ch.  75.    1812. 


Powers  of  tht 
corporation. 


one  offence;  and  in  case  of  the  inability  of  anj  such  free  negro  or 
mulatto  to  pay  and  satisfy  any  sach  penalty  and  cost  thereon,  to  cause 
such  free  negro  or  mulatto  to  be  confined  to  labour  for  such  reasonable 
time,  not  exceeding  six  calendar  months  for  any  one  offence,  as  may  be 
deemed  equivalent  to  such  penalty  and  costs;  to  cause  all  vagrants,  idle 
or  disorderly  persons,  all  persons  of  evil  life  or  ill  fame,  and  all  such  as 
have  no  visible  means  of  support,  or  are  likely  to  become  chargeable  to 
the  city  as  paupers,  or  are  found  begging  or  drunk  in  or  about  the  streets, 
or  loitering  in  or  about  tippling  houses,  or  who  can  show  no  reasonable 
cause  of  business  or  employment  in  the  city;  and  all  suspicious  persons; 
and  all  who  have  no  fixed  place  of  residence,  or  cannot  give  a  good 
account  of  themselves;  all  evesdroppers  and  night  walkers;  all  who  are 
guilty  of  open  profanity  or  grossly  indecent  language  or  behaviour  pub- 
licly in  the  streets;  all  public  prostitutes  and  such  as  lead  a  notoriously 
lewd  or  lascivious  course  of  life;  and  all  such  as  keep  public  gaming 
tables  or  gaming  houses,  to  give  security  for  their  good  behaviour  for  a 
reasonable  time,  and  to  indemnify  the  city  against  any  charge  for  their 
support ;  and  in  case  of  their  refusal  or  inability  to  give,  such  security,  to 
cause  them  to  be  confined  to  labour  for  a  limited  time,  not  exceeding 
one  year  at  a  time,  unless  such  security  should  be  sooner  given ;  but  if 
they  shall  aflerwards  be  found  again  offending,  such  security  may  be 
again  required,  and  for  want  thereof,  the  like  proceedings  may  be  again 
had,  from  time  to  time,  as  oflen  as  may  be  necessary ;  to  prescribe  the 
terms  and  conditions  upon  which  free  negroes,  mulattoes  and  others, 
who  can  show  no  visible  means  of  support,  may  reside  in  the  city;  to 
cause  the  avenues,  streets,  lanes  and  dleys  to  be  kept  clean,  and  to  ap- 
point officers  for  that  purpose;  to  authorize  the  drawing  of  lotteries  for 
effecting  any  important  improvement  in  the  city,  which  the  ordinary 
funds  or  revenue  thereof  will  not  accomplish  :(a)  Provided^  that  the 
amount  to  be  raised  in  each  year,  shall  not  exceed  the  sum  of  ten  thou- 
sand dollars:  And  provided  also,  that  the  object  for  which  the  money  is 
intended  to  be  raised,  shall  be  first  submitted  to  the  President  of  the 
United  States,  and  shall  be  approved  of  by  him ;  to  take  care  of,  preserve 
and  regulate  the  several  burying  grounds  within  the  city;  to  provide  for 
registering  of  births,  deaths  and  marriages;  to  cause  abstracts  or  minutes 
of  all  transfers  of  real  property,  both  freehold  and  leasehold,  to  be  lodged 
in  the  registry  of  the  city  at  stated  periods;  to  authorize  night  watches 
and  patroles,  and  the  taking  up  and  confining  by  them  in  the  night 
time,  of  all  suspected  persons;  to  punish  by  law,  corporeally,  any  servant 
or  slave  guilty  of  a  breach  of  any  of  their  by-laws  or  ordinances,  unless 
the  owner  or  holder  of  such  servant  or  slave,  shall  pay  the  fine  annexed 
to  the  offence;  and  to  pass  all  laws  which  shall  be  deemed  necessary  and 
proper  for  carrying  into  execution  the  foregoing  powers,  and  all  other 
powers  vested  in  the  corporation  or  any  of  its  officers,  either  by  this  act 
or  any  former  act. 

Sec.  7.  And  be  it  further  enacted,  That  the  marshal  of  the  district 
of  Columbia  shall  receive  and  safely  keep  within  the  jail  for  Washing- 
ton county,  at  the  expense  of  the  city,  all  persons  committed  thereto 
under  the  sixth  section  of  this  act,  until  other  arrangements  be  made  by 
the  corporation,  for  the  confinement  of  offenders  within  the  provisions 
of  the  said  section.     And  in  all  cases  where  suit  shall  be  brought  before 

(a)  Where,  bj  the  charter  granted  by  Congreti,  to  the  city  of  Washington,  the  corporation  was  em- 
powered *'  to  aothorize  the  drawing  of  lotteries,"  for  effecting  certain  improvements  in  the  city,  and  opon 
certain  terms  and  conditions :  Held,  that  the  corporation  was  liable  to  the  holder  of  a  ticket  in  saca  a 
lottery,  for  a  prize  drawn  against  Its  number ;  although  the  managers  appointed  by  the  corporation  to  lu- 
perintend  sucn  lottery,  were  empowered  to  sell,  and  had  sold  the  entire  lottery  to  a  lottery  dealer,  for  a 
gross  sum,  who  was,  by  his  asreement  with  them,  to  execute  the  details  of  the  scheme,  as  to  the  sale  of 
the  tickets,  the  drawings,  and  the  payment  of  the  prizes.  Clarke  v.  The  Corporation  of  Washington,  13 
Wheat.  40 ;  6  Cond.  Rep.  435. 

It  seems  that  the  power  granted  in  the  charter,  "  to  authorize  the  drawing  of  lotteries,"  cannot  be  ex* 
ereised  lo  is  to  discnarge  the  corporation  fh>m  its  liability.    Ibid, 


Power  to  au- 
thorize the 
drawing  of  lot- 
teries. 

Proviso. 


TWELFTH  CONGRESS.    Sess.  I.  Ch.  76.    1812. 


727 


a  justice  of  the  peace,  for  the  recovery  of  any  fine  or  penalty  arising  or 
incurred  for  a  breach  of  any  by-law  or  ordinance  of  the  corporation, 
upon  a  return  of  nulla  bona  to  any  fieri  facias  issued  against  the  pro- 
perty of  the  defendant  or  defendants,  it  shall  be  the  duty  of  the  clerk  of 
the  circuit  court  for  the  county  of  Washington,  when  required,  to  issue 
a  writ  of  capias  ad  satisfaciendum  against  every  such  defendant,  return- 
able to  the  next  circuit  court  for  the  county  of  Washington,  thereafler, 
and  which  shall  be  proceeded  on  as  in  other  writs  of  the  like  kind. 

Sec.  8.  And  be  it  further  enacted^  That  unimproved  lots  in  the  city 
of  Washington,  on  which  two  years'  taxes  remain  due  and  unpaid,  or  so 
much  thereof  as  may  be  necessary  to  pay  such  taxes,  may*  be  sold  at 
public  sale  for  such  taxes  due  thereon :  Provided^  that  public  notice  be 
given  of  the  time  and  place  of  sale,  by  advertising  in  some  newspaper 
printed  in  the  city  of  Washington,  at  least  six  months,  where  the  property 
belongs  to  persons  residing  out  of  the  United  States ;  three  months, 
where  the  property  belongs  to  persons  residing  in  the  United  States,  but 
without  the  limits  of  the  district  of  Columbia;  and  six  weeks,  where  the 
property  belongs  to  persons  residing  within  the  district  of  Columbia  or 
city  of  Washington ;  in  which  notice  shall  be  stated,  the  number  of  the 
lot  or  lots,  the  number  of  the  square  or  squares,  the  name  of  the  person 
or  persons  to  whom  the  same  may  have  been  assessed ;  and  also  the 
amount  of  taxes  due  thereon :  And  provided  also,  that  the  purchaser 
shall  not  be  obliged  to  pay  at  the  time  of  such  sale,  more  than  the  taxes 
due,  and  the  expenses  of  sale;  and  that  if  within  two  years  from  the 
day  of  such  sale  the  proprietor  or  proprietors  of  such  lot  or  lots,  or  his 
or  their  heirs,  representatives  or  agents,  shall  repay  to  such  purchaser 
the  monies  paid  for  the  taxes  and  expenses  as  aforesaid,  together  with 
ten  per  centum  per  annum  as  interest  thereon,  or  make  a  tender  of  the 
same,  he  shall  be  reinstated  in  his  original  right  and  title ;  but  if  no 
such  payment  or  tender  be  made  within  two  years  next  afler  the  said 
sale,  then  the  purchaser  shall  pay  the  balance  of  the  purchase  money  of 
such  lot  or  lots,  into  the  city  treasury,  where  it  shall  remain  subject  to 
the  order  of  the  original  proprietor  or  proprietors,  his  or  their  heirs  or 
legal  representatives;  and  the  purchaser  shall  receive  a  title  in  fee 
simple  to  the  said  lot  or  lots,  under  the  hand  of  the  mayor  and  seal  of 
the  corpolration,  which  shall  be  deemed  good  and  valid  in  law  and 
equity. 

Sec.  9.  And  he  it  further  enacted,  That  the  said  corporation  shall 
in  future  be  named  and  styled  ''  The  Mayor,  Aldermen  and  Common 
Council  of  the  City  of  Washington ;"  and  that  if  there  shall  have  been 
a  non-election  or  informality  in  the  election  of  a  city  council  on  the  first 
Monday  in  June  last,  it  shall  not  be  taken,  construed  or  adjudged,  in 
any  manner,  to  have  operated  as  a  dissolution  of  the  said  corporation,  or 
to  affect  any  of  its  rights,  privileges  or  laws,  passed  previous  to  the 
second  Monday  in  June  last,  but  the  same  are  hereby  declared  to  exist 
in  full  force. 

Sec*  ]  0.  And  be  it  further  enacted,  That  the  corporation  shall,  from 
time  to  time,  cause  the  several  wards  of  the  city  to  be  so  located  as  to 
give,  as  nearly  as  may  be,  an  equal  number  of  voters  to  each  ward :  and 
it  shall  be  the  duty  of  the  register  of  the  city,  or  such  officer  as  the  cor- 
poration may  hereafter  appoint,  to  furnish  the  commissioners  of  election, 
for  each  ward,  on  the  first  Monday  in  June  annually,  previous  to  the 
opening  of  the  polls,  a  list  of  the  persons  having  a  right  to  vote,  agree- 
ably to  the  provisions  of  the  second  section  of  this  act. 

Sec.  II.  And  be  it  further  enacted.  That  so  much  of  any  former  act, 
as  shall  be  repugnant  to  the  provisions  of  this  act,  be,  and  the  same  is 
hereby  repealed. 

Approved,  May  4, 1812. 


Remsdy  in 
cue  of  a  retarn 
of  nolU  bona  on 
a  writ  of  fieri 
facias. 


UnimproTed 
lots  may  be  told 
for  the  payment 
of    taxes,    two 
yean  due. 


ProTiso. 


Style  of  th« 
corporatioB. 


Corporation  to 
cause  the  wards 
to  be  located 
with  a  Tiew  to 
the  elections. 


Part  of  a  for- 
mer act  repeal- 
ed. 


728 


TWELFTH  CONGRESS.    Skss.  I.  Cb.  76, 77.    1812. 


Statuts  I. 
May  6,  1818. 

Act  of  Uie 
MaryUnd  legia- 
latora  declared 
to  be  in  force. 


Powen  here- 
tofore Teited  in 
comininionen 
under  the  law  of 
Maryland  trana- 
ferred  to  the 
Washington  Ca- 
nal Company. 


ProTiio. 


CsAP.  LXXVl.'^Jn  Jici  to  carry  into  effed  an  act  of  the  Legislature  cf  the  daU 

tf  Maryland. 

Be  it  enacted  by  the  Senate  and  House  of  RepresentaHves  of  the  United 
Statei  of  America  in  Congress  assembha^TYaX  the  act  of  the  legislature 
of  the  state  of  Maryland,  entituled  "An  act  to  authorize  two  lotteries  in 
the  city  of  Washington/'  passed  at  the  session  of  the  said  legislature,  in 
November,  one  thousand  seven  hundred  and  ninety-five,  for  the  purpose 
of  raising  fifty-two  thousand  and  five  hundred  dollars,  be,  and  the  same 
is  hereby  declared  to  be  in  full  force  in  the  district  of  Columbia;  and  it 
shall  and  may  be  lawful  to  carry  the  same  into  effect,  subject  to  the 
alterations,  restrictions  and  provisions  herein  after  mentioned. 

Sec.  2.  And  he  it  further  enacted^  That  all  the  rights,  power  and 
authority  given,  in  and  by  the  before  recited  act,  to  Daniel  Carroll  of 
Duddington,  Lewis  Deblois,  George  Walker,  William  M.  Duncanson, 
Thomas  Law  and  James  Barry,  shall  hereafler  be  vested  in,  and  exer- 
cised by  the  president  and  directors  of  the  "  Washington  Canal  Com^ 
pany :"  Provided,  the  said  president  and  directors  sh^l,  before  the  sale 
or  disposal  of  any  ticket  or  tickets  in  said  lotteries,  give  bond  to  the 
treasurer  of  the  United  States,  for  the  time  being,  in  the  penalty  of  one 
hundred  thousand  dollars,  conditioned  that  they  will  truly  and  impar- 
tially exercise  the  power  and  authority  vested  in  them  by  this  act  i  and 
well  and  truly  apply  the  monies  arising  from  the  sale  of  the  tickets, 
within  two  months  after  the  drawing  thereof,  to  the  payment  of  the 
prizes  drawn  by  the  fortunate  adventurers  in  said  lotteries,  and  the 
necessary  expenses  incurred  in  the  management  thereof,  and  the  residue, 
to  the  completing  the  canal  in  the  city  of  Washington,  and  rendering 
the  same  navigable,  and  draining  the  marshes  and  low  grounds  conti- 
guous thereto :  And  provided  also,  that  it  shall  be  lawful  for  Congress 
hereafler  to  create  by  law  additional  shares  in  the  stock  of  said  Wash" 
ington  Canal  Company,  for  the  sole  use  and  benefit  of  the  corporation 
of  the  city  of  Washington,  which  shares  so  to  be  created  shall  bear  the 
same  proportion  to  the  whole  shares  held  by  said  company,  as  the  money 
raised  by  the  aforesaid  lotteries  and  actually  applied  to  the  completing 
of  the  canal  in  the  city  of  Washington,  and  rendering  the  same  naviga- 
ble, shall  bear  to  the  monies  and  interest  thereon,  which  has  been  or 
may  hereafter  be  expended  by  the  Washington  Canal  Company  for  the 
purposes  aforesaid. 

Approved,  May  6,  1812. 


Statuts  I. 


May  6,  1818. 


Chap.  LXX VII J8n  Jd  to  orovide  for  designating^  surveying  and  granting 

the  Military  Bounty  Lands.{a) 

Be  it  enacted  by  the  Senate  and  House  of  Eepresentatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  President  of  the 

(a)  The  acU  relating  to  the  MiltUry  Bounty  Lands,  appropriated  for  aerTicef  in  the  war  between  the 
United  States  and  Great  Britain,  which  commenced  in  1812,  are  : — 

An  act  for  completing  the  existing  military  establishment,  December  24,  1811,  chsp.  10,  sec.  9. 

An  act  to  raise  an  additional  military  force,  January  11,  1812,  chsp.  14,  sec.  12. 

An  set  to  provide  for  designating,  surveying,  and  granting  the  military  bounty  lands,  May  6,  ISlz, 
chap.  77.  .  A     -1  «« 

An  act  making  proTision  for  military  serrices  daring  the  Iste  war,  and  for  other  purposes,  April  lOy 
1816,  chsp.  63. 

An  set  providing  for  cases  of  lost  miliUry  land  warrants,  and  discharges  for  fkithfhl  serrices,  April  ST, 
1816,  chap.  127.  ^  ,.  . 

An  act  to  authorise  the  survey  of  two  millions  of  seres  of  the  public  lands  in  lien  of  that  quanU^ 
heretofore  authoriied  to  be  surveyed  in  the  territory  of  Michigan,  as  military  bounty  lands,  April  99, 
1816,  chap.  164.  ^    .       ^    , 

An  act  to  amend  an  act  entitled,  "An  act  making  further  proTision  for  miliUry  serrices  during  the  late 
war,  and  for  other  purposes,"  March  3,  1817,  chap.  107,  sec.  3. 

An  act  for  eitending  the  time  for  obuining  roiliury  land  warrants  in  certain  esses,  March  27,  1818, 
chap.  22. 


TWELFTH  CONGRESS.    Sua.  I.  Cb.  77.    1819. 


TW 


Landi  set 
■|Mit  for  wtU. 
fying  miliUry 
DOttDty  claims 
not  eiceodiDff 
•ii  millioni  of 
mcrei  in  Michi- 
iylllinoMind 


loni 


SaJtipringito 
be  ezeepM. 


Act  of  Dec 
S4,1811,eh.l0, 
■ec.  2. 

18tS,  eh.  14. 


Warrants  to  be 
issued    by   the 
SecretazT  of 
War. 


United  States  be,  and  he  is  hereby  aathorized  to  caase  to  be  aarreyed 
a  quantity  of  the  public  lands  of  the  United  States,  fit  for  cultivation, 
not  otherwise  appropriated,  and  to  which  the  Indian  title  is  extinguished, 
not  exceeding  in  the  whole  six  millions  of  acres,  two  millions  to  be 
surveyed  in  the  territory  of  Michigan,  two  millions  in  the  Illinois  ter- 
ritory, north  of  the  Dlinois  river,  and  two  millions  in  the  territory  of 
Louisiana,  between  the  river  St  Francis  and  the  river  Arkansas ;  the 
said  lands  to  be  divided  into  townships,  and  subdivided  into  sections  and 
quarter  sections,  (each  quarter  section  to  contain,  as  near  as  possible, 
one  hundred  and  sixty  acres,)  in  the  manner  prescribed  by  law  for  sur- 
veying and  subdividing  the  other  public  lands  of  the  United  States;  the 
same  price  to  be  allowed  for  surveying  as  is  fixed  for  surveying  the  other 
public  lands  in  the  same  territory.  And  the  lands  thus  survey^,  wiUi  the 
exception  of  the  salt  springs  and  lead  mines  therein,  and  of  the  quanti- 
ties of  land  adjacent  thereto,  as  may  be  reserved  for  the  use  of  the  same 
by  the  President  of  the  United  States,  and  the  section  number  sixteen 
in  every  township  to  be  granted  to  the  inhabitants  of  such  township  for 
the  use  of  public  schools,  shall  be  set  apart  and  reserved  for  the  purpose 
of  satisfying  the  bounties  of  one  hundred  and  sixty  acres,  promised  to 
the  non-commissioned  officers  and  soldiers  of  the  united  Sutes,  their 
heirs  and  legal  representatives,  by  the  act,  entituled  ''An  act  for  com- 
pleting the  existing  military  establishment,"  approved  the  twenty-fourth 
day  of  December,  one  thousand  eight  hundred  and  eleven,  and  by  the 
act,  entituled  "An  act  to  raise  an  additional  military  force,"  approved 
the  eleventh  day  of  January,  one  thousand  eight  hundred  and  twelve. 

Sec.  2.  Ana  he  ii  further  enacted^  That  the  Secretary  for  the  depart- 
ment of  War,  for  the  time  being,  shall,  from  time  to  time,  issue  warranto 
for  the  miliury  land  bounties  to  the  persons  entitled  thereto  by  the  two 
last  mentioned  acto,  or  either  of  them :  Provided  dkoaySy  that  such  war- 
rants shall  be  issued  only  in  the  names  of  the  persons  thus  entitled,  and 
be  by  them  or  their  representatives  applied  for  within  five  years  after  the 
said  persons  shall  have  become  entitled  thereto ;  and  the  said  warranto 
shall  not  be  assignable  or  transferable  in  any  manner  whatever. 

Sec.  3.  And  he  ii  further  enadedy  That  every  person  in  whose 
favour  such  warrants  shall  have  been  issued,  shall,  on  delivery  of  the 
same  at  the  office  of  the  Secretary  of  the  Treasury,  or  of  such  other 
officer  as  may  at  the  time  have,  by  law,  the  superintendence  of  the 
general  land-office  of  the  United  Sutes  at  the  seat  of  government,  be 
entitled  to  draw  by  lot  in  such  manner  as  the  officer,  at  the  head  of  the 
land-office,  under  the  direction  of  the  President  of  the  United  States, 
may  prescribe,  one  of  the  quarter  sections  surveyed  by  virtue  of  the  first 
section  of  this  set,  in  either  of  the  said  territories  which  the  person  in 
whose  favour  such  warrant  has  issued  may  designate.  And  a  patent 
shall  thereupon  be  granted  to  such  person,  for  such  quarter  section, 
without  requiring  any  fee  therefor. 

Sec.  4.  And  be  it  Juriher  enacted^  That  no  claim  for  the  military 
land  bounties  aforesaid  shall  be  assignable  or  transferable  in  any  man- 
ner whatever,  until  after  a  patent  shall  have  been  granted  in  the  manner 
aforesaid.  All  sales,  mortgages,  contracto,  or  agreemento,  of  any  nature 
whatever,  made  prior  thereto,  for  the  purpose,  or  with  intent  of  alienating, 

Eledging  or  mortgaging  any  such  claim,  are  hereby  declared  and  shall 
e  held  null  and  void ;  nor  shall  any  tract  of  land,  granted  as  aforesaid, 
be  liable  to  be  token  in  execution  or  sold  on  account  of  any  such  sale, 
mortgage,  contract  or  agreement,  or  on  account  of  any  debt  contracted 

An  act  allowing  fiirtber  time  to  complete  the  issoing  and  locating  military  land  warrants,  Febmary  S4, 
1819,  chap.  41. 

An  act  to  allow  further  time  to  complete  the  issning  and  locating  military  land  warrants.  May  8S,  18S4, 
ehap.  177. 

An  act  to  revive  an  act  anthorising  certain  soldiers  in  the  late  war  to  tnrrender  the  bountr  lands  drawn 
by  them,  and  to  locate  others  in  lien  thereof,  and  for  other  purposes.  May  S7,  1840,  chap.  9. 
Vol.  ii— 92 


Claims  to  be 
determined    by 


A  patent  to  be 
granted. 

Claims  for  mil- 
itary land  boun- 
ties not  assigna- 
ble as  such. 


730 


TWELFTH  CX)NGR£SS.    Sess.  I.  Ch.  78,  79, 80.    1812. 


prior  to  the  date  of  the  patent,  either  by  the  person  originally  entitled  to 
the  land  or  by  his  heirs  or  legal  representatives,  or  by  virtue  of  any  pr<^ 
cess,  or  suit  at  law,  or  judgment  of  court  against  a  person  entitled  to 
receive  his  patent  as  aforesaid. 
Approved,  May  6, 1812. 


Statotb  L 
May  6, 1818. 


Thirty  thou- 
sand  dolUra  ap. 
propriated,  to 
be  reserved  out 
of  the  fond  for 
making  roads  in 
the  atate  of  Ohio 
by  the  act  of 
April  30,  1803, 
ch.  40,  aec.  7. 


1816,  ch.  43. 
18QS,  ch.  40. 


Chap.  LXXVIII.— .tffi  Jkt  in  addiiion  to  the  act  to  regulate  the  laying  out  and 
making  a  road  from  Cumberland  in  the  ttate  cf  Maryland  to  the  etate  (f  Ohio, 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  in  addition  to  the  unex- 
pended balance  of  the  sura  heretofore  appropriated  for  laying  out  and 
making  a  road  from  Cumberland  in  the  state  of  Maryland  to  the  state  of 
Ohio,  the  sum  of  thirty  thousand  dollars  be,  and  the  same  is  hereby  ap- 
propriated, to  be  paid  out  of  any  money  in  the  treasury  not  otherwise 
appropriated,  and  to  be  expended,  under  the  direction  of  the  President 
of  the  United  States,  in  making  said  road  between  Cumberland  in  the 
slate  of  Maryland  and  Brownsville  in  the  state  of  Pennsylvania,  com- 
mencing at  Cumberland ;  which  sum  of  thirty  thousand  dollars  shall  be 
paid  out  of  the  fund  reserved  for  laying  out  and  making  roads  to  the 
state  of  Ohio,  by  virtue  of  the  seventh  section  of  an  act  passed  on  the 
thirtieth  day  of  April,  one  thousand  eight  hundred  and  two,  entituled 
''An  act  to  enable  the  people  of  the  eastern  division  of  the  territory 
northwest  of  the  river  Ohio,  to  form  a  constitution  and  state  government 
and  for  the  admission  of  such  state  into  the  Union  on  an  equal  footing 
with  the  original  states,  and  for  other  purposes." 

Approved,  May  6,  1812. 


dollara. 


Statutb  I.  — ^.^^^ 

May  8,  1813.  Chap.  LXXIX.-^n  M  for  the  relief  tf  the  aUxena  (f  Venezuela. 

Appropriation  ^^ ''  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
of  fifty  thooaand  States  of  America  in  Congress  assembled.  That  the  President  of  the 
United  Stales  be,  and  he  is  hereby  authorized  to  cause  to  be  purchased 
such  provisions  as  he  shall  deem  advisable,  and  to  tender  the  same  in 
the  name  of  the  government  of  the  United  States  to  that  of  Venezuds, 
for  the  relief  of  the  citizens  who  have  suffered  by  the  late  earthquake. 

Sec.  2.  And  be  it  further  enacted.  That  a  sum  not  exceeding  fifty 
thousand  dollars  be,  and  the  same  is  hereby  appropriated,  to  be  paid  out 
of  any  monies  in  the  treasury  not  otherwise  appropriated,  to  carry  into 
operation  this  act. 

Approved,  May  8,  1812. 


Statxttx  I. 
May  11, 1812. 

Poat  rontea 
diacontinned. 


Chap.  LXXX.~-^n  Jet  to  alter  and  egtabHsh  certain  Poet  JRoadi, 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  the  following  post 
routes  be  discontinued : 

From  Jacksonborough  in  South  Carolina,  by  Barnwell  Courthouse, 
to  Augusta  in  Georgia.  From  Rahway  to  New  Providence ;  and  from 
Baskenridge  to  Somerset  in  New  Jersey.  From  Fort  Stoddert  to 
Natchez  in  the  Mississippi  territory.  From  Galliopolis  to  Chilicothe  in 
Ohio.  From  Salisbury  to  Lincolnton  in  North  Carolina.  From  Pey- 
tonsburg  to  Danville.  From  Salisbury,  by  Andover,  New  Chester  and 
Bridgewater,  to  Plymouth,  thence  by  Holderness,  New  Hampton  and 
Sandbornton  to  Salisbury  in  New  Hampshire.  From  Baltimore,  by 
dueenstown,  to  Centreville  in  Maryland.  From  Buchanon  to  Beverly 
in  Virginia. 


TWELFTH  CONGRESS.    Ssss.  I.  Ch.  80.    1813.  781 

Skc.  %  And  be  ii  firiker  enacted,  That  the  foUowing  post  voadfl  be      PoitiMdtM. 

established : 

In  New  /TionpsAtre.*— From  Hopkinton,  through  Warner,  Bradford, 
Fishersfield,  Wendell  and  Newport,  to  Cornish  in  the  county  of  Che- 
shire. From  Concord  in  the  county  of  Rockingham,  through  Weare, 
Dearing,  Hancock  and  Packersfield,  to  Keene  in  the  county  of  Cheshire. 
From  Gilmanton  to  Meredith.  From  Concord,  by  Loudon,  Gilmanton, 
Meredith  and  New  Holderness,  to  Plymouth,  thence  by  New  Hampton, 
Sandbomton,  Northfield  and  Canterbury  to  Concord. 

Massachusetts. — From  Blue  Hill  to  Sedgwick.  From  Kennebunk  to 
Arundel.     From  Readfield,  by  Fayette,  to  Livermore. 

Rhode  Island. — From  Providence,  through  Gloucester,  to  Pomfret  in 
the  state  of  Connecticut 

Connecticut. — From  Canton  in  Hartford  county,  by  New  Hartford  and 
Torrington,  to  Goshen  in  Litchfield  county.  From  Hartford,  through 
Bristol,  Plymouth,  Watertown,  Woodbury,  Southbury  and  Newtown, 
to  Danbury. 

New  York. — From  Jamaica,  through  the  Alley  and  by  the  head  of 
Cowneck,  to  Hempstead  harbor,  and  through  Oyster  bay  to  Huntington ; 
this  is  declared  to  be  an  alteration  of  the  existing  post  route.  From 
Tripes  hill,  by  Montgomery  Courthouse,  to  Sheldon's  in  the  county  of 
Oneida.  From  Madison,  by  Cazenovia,  to  Manlius.  From  Rome, 
throufffa  Constantia  and  Mexico,  to  Oswego.  From  Kinderhook  in 
New  York,  by  Spencer  town,  to  Weststockbridge  in  Massachusetts. 

New  Jersey. — From  Morristown  to  Easton  in  Pennsylvania.  From 
Scotch  Plains  to  New  Providence.  From  Salem,  by  Hancock's  bridge 
and  New  Canton,  to  Greenwich  in  Cumberland  county. 

Pennsylvania. — ^From  Bedford,  by  Stoystown  and  Ligoniers,  to 
Greensburg.  From  Pittsburg,  by  Baldwin's  mills,  Steubenville  and 
Cadiz,  to  Cambridge,  in  the  state  of  Ohio.  From  Quakerton,  by  Sau- 
cona,  to  Northampton.  From  Belfont,  by  the  counties  of  Clearfield  and 
Jefferson,  to  Venango.  From  Bear  Gap,  by  Danville,  to  Washington. 
From  New  Alexandria  to  Pittsburg.  From  Greensburg  to  New  Castle 
in  the  county  of  Mercer. 

Ohio. — From  New  Lisbon,  by  Wayne  Courthouse,  Richland  Court- 
house and  Knox  Courthouse ;  returning  by  Coshocton  Courthouse  and 
Canton,  to  New  Lisbon.  From  Chilicothe,  by  Fayette  Courthouse, 
Green  Courthouse  and  Dayton,  to  Eaton ;  returning  from  Green  Court- 
house, by  Clinton  Courthouse  and  Greenfield,  to  Chilicothe.  From 
Urbana  to  Springfield.  From  Galliopolis  to  Athens  in  Ohio.  From 
Huron  to  Danbury. 

Maryland. — From  Princess  Ann  to  the  corner  where  the  roads  from 
the  Pomt  and  Pocomoke  intersect  From  Annapolis,  by  Broad  Creek 
in  Kent  Island  and  Queen's  town,  to  Centreville. 

Virginia. — From  Dunkirk  to  New  Kent  Courthouse.  From  Front 
Royal  to  Waynesborough.  The  post  road  from  Stannardsville,  in 
Orange  county,  to  Port  Ilepublican,  in  Rockingham,  is  declared  to  be 
altered  so  as  to  pass  over  the  South  Mountain  at  Brown's  turnpike  on 
the  same.  From  Paris  in  Fauquier  county  to  Gibson's  store.  From 
Staunton,  by  Pendleton  Courthouse,  to  Beverly.  From  Hallifax  Court- 
house to  Danville,  and  from  Beverly  to  Clarksburg. 

Kentucky. — From  Washington,  by  Flemingsburg,  to  Mount  Sterliuff. 
From  Grayson  to  Buder  Courthouse.  From  Ruraellville  to  Isbellville 
in  Christian  county.  From  Nicholasville,  by  the  mouth  of  Hickman 
and  Bellises  mill,  to  Danville,  Kentucky. 

Tennessee, — ^From  Carthage  to  New  Glasgow  in  Kentucky.  From 
Hopkinsville  in  Kentucky,  to  Clarksville  in  Tennessee ;  and  from  thence, 
by  Dickson  Courthouse  and  M'Allister's  cross-^roads,  to  Colombia  in 
Tennessee. 


TWELFTH  CONGRESS.    Sns.  L  C^  88.    1813L 


Suirej  of  die 


ftom  Maine 
OeorgiA  to 


ProTieo. 


LimiUtion  < 
eipeme. 


Statute  I* 
May  14,  1812. 

or  what  oiB- 
eera  the  depait- 
ment  to  be  form- 
ed. 

Repealed  by 
act  or  February 
8,1816,eh.lS8. 

CommiMary 
general  may 
employ  work« 
men. 

Act  orAugaat 
S,1813,ch.36. 


North  Carolina. — From  Charlotte,  by  Beattysford,  Ltncolnton  and 
Morgan,  to  Wilkeaboro',.  and  to  pass  by  Mountmorin  once  in  every  two 
roatea.  From  fitaatsville  to  Salisbury.  The  mail  from  Fayetteville  to 
Saliabary,  ahall  go  by  Rockingham,  Wardesboro',  Allentown  and  Hen- 
derson, to  Salisbury,  and  return  by  M'Cauley'a  store,  to  Fayetterille. 

StuM  CaroUna. — ^From  Charleston,  by  Giveham's  ferry,  on  Edisto 
river;  and  lirom  thence  to  Barnwell  Courthouse,  and  by  the  White 
Ponds,  to  Edgefield  Courthouse.  From  Wellington  to  Beckley's  store, 
being  an  alteration  of  the  present  route  past  Vienna.  From  Coo*- 
wfaa^ie,  by  Lower  Three  Runs,  to  Augu^  in  Georgia.  From  Dar- 
lington Courthouse  to  Sumpter  Courthouse,  by  Carter's  crossing. 

Cfeorgia. — From  Savannah  to  Louisville.  From  Milledgeville,  by 
Twigs  Courthouse,  to  Pulaski  Courthouse.  From  Augusta  to  Camp- 
beltown.   From  Louisville  to  Saundersville. 

Mississippi  Territory. — ^From  Fort  Stoddert,  by  Amite  Courthouse, 
to  Pinckneyville.  From  Natohez,  by  Wilkinson  Courthouse,  to  Lake 
Ponchartrain. 

Indiana  Territory, — From  Laurencebnrg,  by  Madison  and  Charlee- 
town,  to  Jeffersonvifle.  From  Laurenceburg,  by  Franklin  Courthouse, 
to  Wayne  Courthouse. 

Sec.  3.  And  be  it  fwrther  enacted,  That  the  Postmaster-General 
cause  a  survey  to  be  made  of  the  main  post  road  firom  Robinstown,  io 
the  district  of  Maine,  to  St  Mary's,  in  Georgia,  causing  the  courses,  dis- 
tances,  and  all  remarkaUe  objects,  to  be  ncSed,  the  latitude  to  be  takea 
every  noon  and  evening,  and  the  variation  of  the  compass  every  evening, 
when  the  weather  is  fair :  and  that  there  be  not  less  than  one  surveyor, 
two  chain  carriers,  mnd  two  men  with  object  staves,  employed  in  making 
the  same  survey,  who  shall  be  sworn  to  execute  the  work  :  Provided, 
that  the  same  can  be  done  at  an  expense  not  exceeding  two  dollars  per 
mile ;  and  the  Postmaster-General  is  hereby  authorized  to  procure  pro- 
per instruments  for  the  purpose :  Prooided,  that  the  expense  do  not 
exceed  three  hundred  dollars,  and  the  expense  both  of  the  surveys  and 
instruments  be  paid  out  of  the  monies,  which  may  be  in  his  hands  for 
postage. 

Approted,  May  11,  1812. 


Cbap.  LXXXlII.--^ffi  Jet  for  ike  beUer  ngulalion  if  tie  Ordnanee.{d) 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  there  be,  and  hereby  Is 
established  an  ordnance  department,  to  consist  of  a  commissary  general 
of  ordnance,  an  assistant  commissary  general,  four  deputy  commissaries, 
and  as  many  assistant  deputy  commissaries  as  the  President  of  the 
United  States  may  think  necessary,  not  exceeding  eight 

Sec.  2.  And  be  it  further  enacted,  That  the  commissary  general  be 
authorized,  from  time  to  time,  to  employ  as  many  wheelwrights,  carriage, 
makers,  blacksmiths  and  labourers,  as  the  public  service  may  in  his 
judgment  require. 


(a)  Acts  for  the  regalation  of  the  Ordnance  Department : — 

An  act  for  the  better  regalation  of  the  ordnance,  Maj  14,  1812,  chap.  83. 

Act  of  Angutt  2,  1813,  chap.  49. 

An  act  for  the  better  organising,  paying,  and  rappljing  the  anny  of  the  United  Sutea,  llareh  SO,  1814, 
ehap.  37,aec.  16. 

An  act  for  the  better  regalation  of  the  ordnance  department,  Febnianr  8,  1815,  chap.  38. 

An  act  for  organising  the  general  staiT,  and  making  forther  profision  for  the  army  of  the  United  States, 
April  24,  1816,  chap.  €B,  nee,  11.  ' 

An  act  to  reduce  and  fix  the  militaiy  peace  ettabliehment  of  the  United  Sutea,  llareh  2, 1821,  ebap. 

An  act  proTiding  for  the  organisation  of  the  ordnance  department.  April  6,  1832,  ehap.  67. 

An  act  to  increase  the  present  mUitaiy  estabUshmeat  of  the  United  Sutea,  and  for  othe 
Joly  6,  1838,  ehap.  16,  see.  13,  14.  .  ^        ^  *   _^  .-   .^^^      u     •«- 

An  act  respeoltog  the  organisaUon  of  the  army,  and  for  other  purposes,  AngiAt  23,  1842,  ch.  ISSt 
aee.S. 


TWELFTH  CONGRESS.    Sbsb.  I.  Gh.  88.    1819. 


788 


Sbg.  8.  And  be  it  fwrtJur  enaeUdf  That  the  commiBmry  ffenenl  of 
ordnance  shall  be  entitled  to  the  rank,  pay  and  emoloments  of  a  colonel 
of  infantry,  and  be  further  allowed  at  the  rate  of  fi?e  hundred  doUara 
per  year,  and  four  rations  per  day  for  clerks  in  his  department:  the 
assistant  commissary  general  of  ordnance  shall  be  entitled  to  the  rank, 
pay  and  emoluments  of  major  of  intotry,  with  three  additional  rations 
per  day ;  the  deputy  commissaries  of  ordnance  shall  be  entitled  to  the 
rank,  pay  and  emoluments  of  a  captain  of  infantry,  with  two  additional 
rations  per  day  and  forage  for  one  horse ;  the  assistant  deputies  shall 
have  the  rank,  pay  and  emoluments  of  a  second  lieutenant  of  infantry, 
with  one  additional  ration  per  day. 

Sec.  4.  And  be  it  further  enacted,  That  a  master  wheelwright  and 
carriage-maker,  and  a  master  blacksmith,  be  allowed  thirty  dollars  each, 
per  month,  and  one  ration  and  one  half  of  a  ration  per  day ;  that  any 
other  wheelwrights,  carriage-makers  and  blacksmiths,  be  allowed  each 
sixteen  dollars  per  month,  and  one  ration  and  one  half  of  a  ration  per 
day ;  that  the  labourers  each  be  allowed  nine  dollars  per  month,  and 
one  ration  per  day. 

Sec.  5.  And  be  it  further  enacted.  That  it  shall  be  the  duty  of  the 
commissary  ffeneral  of  ordnance  to  direct  the  inspection  and  proving  of 
all  pieces  of  ordnance,  cannon  balls,  shells  and  shot,  procured  for  the 
use  of  the  army  of  the  United  States ;  and  to  direct  the  construction  of 
all  carriages,  and  every  apparatus  for  ordnance,  for  garrison  and  Beld 
service,  and  all  ammunition  wagons,  pontoons  and  travelling  forges; 
also  the  direction  of  the  laboratories,  the  inspection  and  proving  the 
public  powder,  and  the  preparing  all  kinds  of  ammunition  for  garrison 
and  6e]d  service;  and  shall,  hidf  yearly,  examine  all  ordnance,  car- 
riages, ammunition  and  apparatus,  in  the  respective  fortresses,  magazines 
and  arsenals,  and  cause  the  same  to  be  preserved  and  kept  in  good 
order. 

Sec.  6.  And  be  it  further  enacted.  That  the  commissary  general  of 
ordnance  shall  execute  all  orders  issued  by  the  Secretary  for  the  depart- 
ment of  War,  in  conveying  all  ordnance,  ammunition  and  apparatus,  to 
the  respective  armies,  garrisons,  magazines  and  arsenals ;  and  in  time 
of  war  he  shall  execute  all  orders  of  any  general  officer,  commanding  in 
any  army  or  garrison,  for  the  supply  of  ordnance,  ammunition,  carriages, 
pontoons,  forges,  furnaces  or  apparatus,  for  garrison,  field  or  siege 
service,  and  forward  the  same  without  delay  and  in  good  condition. 

Sec.  7.  And  be  it  further  enacted.  That  the  commissary  general  of 
ordnance  shall,  half  yearly,  transmit  to  the  department  of  war  a  correct 
return  of  all  ordnance,  ammunition,  military  stores  and  effects,  in  the 
respective  garrisons,  arsenals,  magazines,  posts  and  camps,  with  a  state- 
ment of  their  order,  quality  and  condition;  and  also  what  may  be 
necessary  to  keep  up  an  ample  supply  of  each  and  every  article  in  the 
ordnance  department,  and  shall,  in  all  things,  faithfully  and  without 
delay,  execute  the  orders  of  the  Secretary  for  the  department  of  War 
touching  the  same. 

Sec.  8.  And  be  it  further  enacted,  That  the  superintendents  of  mili- 
tary stores,  keepers  of  magazines  and  arsenals,  shall,  half  yearly,  make 
correct  returns  to  the  commissary  general  of  ordnance,  of  all  military 
stores  that  they  respectively  have  in  charge ;  and  that  the  assistant  com- 
missary general  of  ordnance,  the  deputy  commissaries  and  assistant 
deputies  shall  faithfully,  and  without  delay,  execute  all  orders  that  shall 
be  issued  by  the  Secretary  for  the  department  of  War,  the  commanding 
general,  in  time  of  war,  of  anj  corps,  camp  or  garrison,  or  of  the  com- 
missary general  of  ordnance,  in  their  respective  departments,  by  virtue 
of  this  act 

Sec.  9.  And  be  it  further  enacted.  That  the  commissary  general  of 
ordnance  shall  make,  a  correct  report  of  the  artificers  and  labourers, 

3Q 


Rank  tad  pty 
of  eomiiUMary 
general.  He. 


Pay  of  Um 
workmen. 


Dntiet  ofeom- 
misfary  general 
of<   • 


To  ezeeota 
■ach  orden  as 
ma^  be  pre- 
■cnbed  by  the 
Secretary  of 
War. 


CommlHary 
general  of  ord- 
nance to  make 
retama  to  the 
department  of 
war. 


Soperintenid- 
ents  of  military 
■torea  to  make 
retnma  to  the 
commiiaary  ge- 
neral, Ike.  kjo. 


CommiMaryio 
make  a  correol 


734 


TWELFTH  CONGRESS.    Sbss.  I.  Ch.  84, 85.    18112. 


report  of  artifl. 
cen^  Ike.  ftc. 

Appropriation. 


Statute  I. 


from  time  to  time,  employed  by  him,  and  transmit  the  same  to  the  adju- 
tant general. 

Sec.  10.  And  be  it  ^tker  enacted,  That  for  defraying  the  eipenae 
that  may  be  incurred  m  the  execution  of  this  act,  the  sum  of  twenty 
thousand  dollars  be,  and  the  same  is  hereby  appropriated,  to  be  paid  out 
of  any  money  in  the  treasury  not  otherwise  appropriated. 

Approved,  May  14,  1812. 


Act  of  April 
7,  nS8,  ch.  «8. 
Tol.  i.  649. 

Boandariea  of 
the  MiniHippi 
territorj  enlarg- 
ed. 


May  14, 1812.    Chap.  LXXXIV.— ^n  Ad  io  enlarge  the  houndariet  ef  tke  Mutimppi  territory. 

Be  it  enacted  by  the  Senate  and  House  of  RepreseniaHves  of  the  United 
States  of  America  in  Congress  assembled.  That  all  that  portion  of  terri- 
tory lying  east  of  Pearl  river,  west  of  the  Perdido,  and  south  of  the 
thirty-first  degree  of  latitude,  be,  and  the  same  is  hereby  annexed  to  the 
Mississippi  territory;  to  be  governed  by  the  laws  now  in  force  therein, 
or  which  may  hereafter  be  enacted,  and  the  laws  and  ordinances  of  the 
United  States,  relative  thereto,  in  like  manner  as  if  the  same  had  origi- 
nally formed  a  part  of  said  territory;  and  until  otherwise  provided  by  law, 
the  inhabitants  of  the  said  district  hereby  annexed  to  the  Mississippi 
territory,  shall  be  entitled  to  one  representative  in  the  general  assembly 
thereof. 

Approved,  May  14,  1812. 


Statute  I. 

Mij  16, 1812. 

[Obsoleto.] 

Specific  ap- 
propriations. 


1812,  ch.  65. 


Chap.  LXXXV.— ..ffn  Act  making  addiiiowil  tmroffriaiiom  for  the  support  of 
Government  for  the  year  one  thousand  eight  hundred  and  twelve^ 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assemblea,  That  in  addition  to  the  sums 
appropriated  by  the  act  making  appropriations  for  the  support  of  govern- 
ment for  the  year  one  thousand  eight  hundred  and  twelve,  the  following 
sums  be,  and  same  are  hereby  respectively  appropriated,  that  is  to  say : 

For  defraying  the  expenses  of  printing  the  subscription  certificates, 
and  issuing  the  same  to  the  subscribers  to  the  loan  of  eleven  millions  of 
dollars,  authorized  bv  the  act  of  Congress  passed  on  the  fourth  day  of 
March,  one  thousand  eight  hundred  and  twelve,  including  cost  of  paper 
and  other  expenses  incident  to  the  receiving  of  the  subscriptions ;  idso 
for  cost  of  paper  and  printing  of  the  certificates  of  funded  six  per  cent, 
stock  to  be  issued  for  the  amount  of  the  said  loan,  and  other  expenses 
attending  the  funding  of  the  same,  five  thousand  dollars. 

For  the  expenses  of  making  a  digest  of  the  manufactures  of  the  United 
States,  under  the  joint  resolution  of  both  houses  of  Congress,  passed  at 
the  present  session,  two  thousand  dollars. 

For  compensation  to  the  marshals  and  assistant  marshals  for  taking 
an  account  of  the  manufactures  of  the  United  States,  in  addition  to  the 
sum  heretofore  appropriated  for  that  purpose,  forty  thousand  dollars. 

For  the  expense  of  firewood,  stationery,  printing  and  other  contingent 
expenses  of  the  two  houses  of  Congress,  in  addition  to  the  sum  hereto- 
fore appropriated  for  that  purpose,  eight  thousand  eight  hundred  dollars. 

"  For  paying  Aaron  Greely,  assistant  surveyor  in  the  district  of  Detroit 
for  surveying  private  claims  in  the  Michigan  territory,  pursuant  to  an 
act  of  Congress,  passed  the  twenty-fourth  day  of  April,  one  thousand 
eight  hundred  and  twelve,  five  thousand  five  hundred  sixty-five  dollars 
and  ninety-three  cents." 

Skc.  2.  And  be  it  further  enacted,  That  the  several  sums  thus  ap- 
propriated shall  be  paid  out  of  any  monies  in  the  treasury  not  otherwise 
appropriated. 

Approved,  May  16, 1813. 


TWELFTH  CONGRESS.    Sesb.  L  Ch.  86,  87.     1812. 


735 


Chap.  LXXXVI.— vtfn  ad  makifig  further  provmon  for  ike  Jtrmy  efthe  UnUed 

Statee. 

Be  it  enaeied  by  the  Senate  and  House  of  Representatives  of  the  United 
States  rf  America  in  Congress  assembled^  That  the  President  of  the 
United  States  be,  and  he  hereby  is  authorized  and  empowered  to  ap- 
point so  many  district  paymasters  as,  in  his  judgment,  the  service  may 
require ;  and  if  such  paymasters  are  taken  from  the  line  of  the  army, 
they  shall  respectively  receive  thirty  dollars  per  month,  in  addition  to 
their  pay  in  the  line :  Provided,  the  same  shall  in  no  case  exceed  the 
pay  and  emoluments  of  a  major ;  and  if  not  taken  from  the  line,  they 
shallVeceive  the  same  pay  and  emoluments  as  a  major  of  infantry. 

Sec.  2.  And  be  it  further  enacted.  That  the  President  of  the  United 
States  be,  and  he  hereby  is  authorized  and  empowered  to  appoint  a  pay- 
master to  each  regiment  on  the  peace  establishment,  who  shall  receive 
the  same  pay  and  emoluments  as  a  captain  of  the  regiment  to  which  he 
belongs :  Provided,  that  all  district  and  regimental  paymasters  shall  be 
subject  to  the  rules  and  articles  of  war,  and  give  such  bonds  to  the 
United  States  as  the  Secretary  for  the  department  of  War  may  direct,  for 
the  feithful  performance  of  their  duties.  And  it  shall  be  the  duty  of  the 
commanding  officer,  when  requested  by  the  paymaster,  to  furnish  a 
capable  non-comwissioned  officer  or  soldier  to  aid  him  in  the  discharge 
of  his  duty,  who,  while  so  employed,  shall  receive  double  pay. 

Sec.  3.  And  be  it  further  enacted.  That  the  President  of  the  United 
States  be,  and  he  hereby  is  authorized  to  appoint,  from  the  captains  and 
subalterns  of  the  line  of  the  army,  so  many  sub-inq)ectors  as  the  service 
may  require,  not  exceeding  one  to  each  brigade ;  and  such  sub-inspectors 
shdl  each  receive  twenty-four  dollars  per  month  in  addition  to  his  pay 
in  the  line. 

Sec.  4.  And  be  it  further  enacted.  That  each  brigade  major,  pro- 
vided by  law,  shall  be  allowed  twenty-four  dollars  per  month,  in  addi- 
tion to  his  pay  in  the  line. 

Sec.  5.  And  be  it  further  enacted.  That  the  general,  commanding 
the  army  of  the  United  States,  shall  be  allowed  a  secretary,  to  be  taken 
from  the  line  of  the  army,  who  shall  receive  twenty-four  dollars  per 
month  in  addition  to  his  pay  in  the  line,  and  shall  be  allowed  forage  for 
two  horses. 

Sec.  6.  And  be  it  further  enacted.  That  in  addition  to  the  non- 
commissioned officers  and  privates  allowed  to  the  regiment  of  light 
artillery,  each  company  shall  be  entitled  to  twelve  drivers  of  artillery, 
who  shall  be  enlisted  for  five  years,  unless  sooner  discharged,. and  receive 
the  same  pay,  rations  and  clothing,  as  the  privates  of  the  army :  Pro-^ 
vided,  such  drivers  of  artillery  shall,  at  all  times,  be  liable  to  do  duty  in 
the  ranks  when  the  company  shall  not  be  mounted. 

Sec.  7.  And  be  it  further  enacted.  That  so  much  of  the  "  act  for 
establishing  rules  and  articles  for  the  government  of  the  armies  of  the 
United  States,"  as  authorizes  the  infliction  of  corporeal  punishment,  by 
stripes  or  laslies,  be,  and  the  same  hereby  is  repealed. 

Approved,  May  16,  1812. 


Statutx  la 
M>y  16,  1812. 

[Obsolete.] 
Act  of  Much 
8, 1816,  ch.  78. 
Pajmaaten  to 
be  appointed  bjr 
the  President. 

Their  compen- 
lation. 
Proviso. 


Paymasters  to 
each  regiment 
on  peace  estab- 
lishment may  be 
appointed. 

Proviso. 


Chap.  LXXXVII.— ^n  Act  to  ineorporaie  a  Bank  in  the  town  of  Jlexandria,  by 
the  name  and  »tyk  (f  the  Mechanics*  Bank  of  Jlexandria. 

Beit  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  the  subscribers  to  the 
Mechanics*  Bank  of  Alexandria,  their  successors  and  assigns,  shall  be 
and  they  are  hereby  created  and  made  a  body  politic,  by  the  name  and 
style  of  the  Mechanics'  Bank  of  Alexandria,  and  by  that  name  and  style 
shall  be  and  are  hereby  made  able  and  capable  in  law,  to  have,  purchase. 


Sab-inspeetors 
from  the  cap. 
tains  and  sabu- 
terns  of  the  line. 


Compensation 
of  brigade  ma- 
jors. 

Commanding 
general  allowed 
asecreUrytobe 
taken  from  the 
line  of  the  army. 

DriTors  to  the 
artillery  allow- 
ed. 


Proviso. 


Corporeal  pon« 
ithment  by 
whipping,  done 
away. 

Act  of  April 
10, 1806,  ch.  20. 

Statute  I. 
May  16,  1811. 


Corporatiim 


786 


TWELFTH  CONGRESS.    Sebs.  I.  Ch.  87.    1812. 


Capital. 


ComminioBen 
for  receimg 
■obaeriptioiii. 


ProTiao. 


Real  eatata, 
what  may  be 
held    by   the 


receive,  posseas,  enjoy  and  retain  to  them  and  their  succeaaon,  lands, 
rents,  hereditaments,  goods,  chattels  and  effects,  of  what  kind,  nature 
or  quality  soever,  and  the  same  to  sell,  grant,  demise,  alien  or  dispose 
of,  to  sue  and  be  sued,  plead  and  be  impleaded,  answer  and  be  answered, 
defend  and  be  defended  in  courts  of  record  or  any  other  place  whatso- 
ever, subject  nevertheless  to  the  rules,  regulations,  restrictions,  limita- 
tions and  provisions,  herein  after  prescribe  and  declared. 

Sec.  2.  And  be  it  further  enaeUd,  That  the  capital  stock  of  said 
corporation  may  consist  of  five  hundred  thousand  dollars,  divided  into 
shares  of  ten  dollars  each,  and  shall  be  paid  in  manner  following,  that  is 
to  say :  One  dollar  on  each  share  at  the  time  of  subscribing,  one  dollar 
on  each  share  at  sixty  days,  and  one  dollar  on  each  share  ninety  days 
after  the  time  of  subscribing;  the  remainder  to  be  called  for  as  the 
president  and  directors  may  deem  proper :  Frwided^  they  do  not  call 
for  any  payment  in  less  than  thirty  days,  nor  for  more  than  one  dollar 
on  each  share  at  any  one  time. 

Sec.  3.  And  be  it  fwrther  enacted.  That  the  subscription  for  fiUing 
up  said  stock,  shall  be  opened  at  the  courthouse  in  the  town  of  Alexan- 
dria on  the  first  Monday  in  June  next,  under  the  direction  of  fifteen 
commissioners,  and  that  John  Longden,  William  Veitch,  James  C. 
Deneale,  Daniel  M'Leod,  John  Cohagen,  James  M'Guire,  Adam  Lynn, 
Mark  Butts,  Joseph  Dean,  James  Sanderson,  John  Young,  Isaac  Ent- 
wistle,  Robert  Young,  Peter  Saunders  and  John  Gird,  are  hereby  ap- 
pointed commissioners  for  that  puq>o8e,  which  subscriptions  shdl  be 
kept  open  for  one  day  at  least  and  such  further  time  as  said  commis- 
sioners may  direct ;  but  in  case  the  amount  of  the  subscriptions  shall 
exceed  the  number  of  shares  herein  before  allowed  to  be  subscribed,  the 
excess  thus  created  shall  be  reduced  within  the  number  of  shares  autho- 
rized to  be  subscribed  as  aforesaid  in  the  manner  following,  to  wit,  that 
is  to  say :  From  the  subscriptions  highest  in  amount  the  commissioners 
shall  subtract  a  share  or  shares,  untU  the  same  be  made  equal  to  the 
subscription  or  subscriptions  next  highest  in  amount,  and  until  the 
number  of  shares  shall  be  reduced  to  the  amount  authorized  to  be  sub- 
scribed as  aforesaid :  Provided  always,  that  it  be  hereby  expressly  un- 
derstood that  all  the  subscriptions  and  shares  obtained  in  consequence 
thereof,  shall  be  deemed  and  held  to  be  for  the  sole  and  exclusive  use 
and  benefit  of  the  persons,  copartnerships  or  bodies  politic  subscribing 
or  in  whose  behalf  the  subscriptions  re^ctively  shall  be  declared  to  be 
made  at  the  time  of  making  the  same,  and  all  bargains,  contracts,  pro- 
mises, agreements  and  engagements  in  any  wise  contravening  this  pro- 
vision, shall  be  void,  and  the  persons,  copartnerships  or  bodies  politic 
respectively,  so  subscribing,  or  for  whose  use  the  subscriptions  are 
declared  to  be  made  as  aforesaid,  shall  have,  enjoy  and  receive  the  share 
or  shares  respectively,  in  consequence  thereof  obtained,  and  all  the  inte- 
rests and  emoluments  thence  arising,  as  freely,  fiiUy  and  absolutely  as 
if  they  had  severally  and  respectively  paid  the  consideration  therefor, 
any  such  bargains,  contracts,  promises,  agreements,  or  engagements  to 
the  contrary  thereof  to  the  contrary  notwithstanding. 

Src.  4.  And  be  it  Jurther  enacted,  That  the  lands,  tenements  and 
hereditaments  which  it  shall  be  lawful  for  the  said  corporation  to  hold, 
shall  be  only  such  as  shall  be  requisite  for  its  immediate  accommodation, 
in  relation  to  the  convenient  transaction  of  its  business,  and  such  as 
shall  have  been  conveyed  to  it  in  satisfaction  of  debts  previously  con- 
tracted in  the  course  of  its  dealings,  or  purchased  at  sales  on  judgments 
which  shall  have  been  obtained  for  such  debts ;  nor  shall  this  corporatioo 
directly  or  indirectly  deal  in  or  trade  in  any  thing  except  bills  of  exchange, 
gold  or  silver  bullions,  or  in  the  sale  of  goods  which  shall  be  the  produce 
of  its  land  or  of  goods  sold  by  virtue  of  an  execution  on  a  judgment 
obtained  by  them. 


TWELFTH  GONORESS. 


I.  Cir.  87.    1018. 


Sbc.  ft.  And  he  U  Jwrtker  rnaded^  lliat  for  the  well  ordering^  the 
affain  of  the  said  corporation,  there  shall  be  fiAeen  directors,  eight  of 
which  directors  at  least  shall  be  practical  mechanics,  and  not  less  than 
ten  of  said  directors  shall  be  resident  in  the  town  of  Alexandria,  of 
whom  there  shall  be  an  election  on  the  first  Monday  after  the  sabscrip- 
tioD  shall  be  closed,  and  on  the  second  Monday  of  March,  in  each  year 
thereafter,  by  the  stockholders  or  proprietors  of  the  capital  stock  of  the 
said  corporation,  and  by  a  plurality  of  votes  actually  given :  Provided 
howeoer^  that  the  eight  mechanics  shall  first  be  declared  elected,  although 
they  should  not  have  the  greatest  number  of  votes ;  and  those  who  shall 
be  duly  chosen  at  any  election,  shall  be  capable  of  serving  as  directors 
by  virtue  of  such  choice  until  the  end  or  expiration  of  the  second  Mon^ 
day  in  March  next  ensuing  the  time  of  such  election,  and  until  others 
shall  be  chosen.  And  the  said  directors,  at  their  first  meeting  after  each 
election,  shall  choose  one  of  their  number  as  president ;  no  person,  a 
director  of  another  bank,  or  the  partner  in  trade  of  a  director  of  another 
bank,  shall  be  a  director  in  this  bank :  Provided^  that  in  case  it  should 
at  any  time  happen,  that  an  election  of  directors  should  not  be  made 
upon  any  day  when,  pursuant  to  this  act,  it  ought  to  have  been  made, 
the  corporation  shall  not  for  that  cause  be  deemed  to  be  dissolved ;  but 
it  shall  be  lawful  on  any  other  day  within  thirty  days  thereafter,  to  hold 
and  make  an  election  of  directors  in  such  manner  as  shall  have  been 
regulated  by  the  laws  and  ordinances  of  said  corporation. 

Sec.  6.  And  be  it  fitriher  enacted,  That  no  director  shall  be  entitled 
to  any  emolument,  unless  the  same  shall  have  been  allowed  by  the  stock- 
holders at  a  general  meeting;  but  the  directors  shall  make  such  compen- 
sation to  the  president  for  his  extraordinary  services  and  attendance  at 
the  bank  as  shall  appear  to  them  reasonable. 

Sec.  7.  And  he  it  further  enacted,  That  the  board  of  directors  by  a 
majority  of  votes  shall  make  by-laws,  determine  the  manner  of  doing 
business,  and  the  rules  and  forms  to  be  pursued,  and  dispose  of  the 
money  and  credit  of  the  bank  in  such  manner  as  shall  seem  to  them 
best  calculated  to  promote  the  interest  of  the  stockholders. 

Sec.  8.  And  be  it  further  enacted,  That  a  majority  of  the  whole  num- 
ber of  directors  shall  be  necessary  in  the  choice  of  a  president,  cashier, 
and  other-  officers  of  the  bank ;  but  four  members,  with  the  president, 
may  constitute  a  board  for  transacting  the  ordinary  business  of  the  bank. 

Sec.  9.  And  be  it  further  enact^.  That  neither  the  president,  nor 
any  director  shall  be  entitled  to  receive,  on  accommodation  paper,  dis- 
counts or  loans,  exceeding  in  the  whole,  five  thousand  dollars,  renewable, 
however,  from  time  to  time,  at  the  discretion  of  the  president  and 
directors. 

Sec.  10.  And  be  it  further  enacted.  That  the  president  and  directors 
for  the  time  being,  shall  have  power  to  appoint  such  officers  and  servants 
under  them  as  may  be  necessary  for  executing  the  business  of  the  said 
corporation,  and  to  allow  them  such  compensation  for  their  services, 
respectively,  as  shall  seem  reasonable;  and  shall  be  capable  of  exercising 
such  other  powers  and  authorities,  for  the  well  governing  and  ordering 
of  the  affiiirs  of  the  said  corporation,  as  shall  be  described,  fixed  and 
determined  by  the  laws,  regulations  and  ordinances  of  the  same. 

Sec.  11.  And  he  it  further  enacted.  That  any  director,  officer,  or 
other  person,  holding  any  share  or  capital  of  the  said  bank  stock,  who 
shall  commit  any  fraud  or  embezzlement,  touching  the  money  or  pro- 
perty of  said  bank,  shall  be  liable  to  be  prosecuted  in  the  name  of  the 
United  States,  by  indictment  for  the  same,  in  any  court  of  law  for  the 
district  or  county  wherein  the  oftence  shall  be  committed ;  and  upon 
conviction  thereof,  shall,  besides  the  remedy  that  may  be  had  by  action, 
in  the  name  of  the  Mechanics'  Bank  of  Alexandria,  for  the  fraud  afore- 
said, forfeit  to  the  company  all  his  share  and  stock  in  the  said  bank. 

Vol.  II.— 93  3  q  2 


DIrsetontobs 
appointed. 


Proviso. 


Proviso. 


Directon    to 
have  no  emoln- 
ment  bat  what 
ia   given  by 
■toekholdon. 


Board  of  di- 
recton may 
make  by-lawa. 


Majority  of 
whole  number 
of  directon  ne- 
cetaary  to  a 
choice  of  preai- 
deot,  Ice.  Ice. 

Limitation  of 
diacountf  to  the 
directon. 


President  and 
directon  may 
appoint  the  ne- 
cetBary  officen. 


Panishmentof 
the  directon, 
fcc.  ate.  for 
fnnda. 


738 


TWELFTH  CONGRESS.    Sns.  I.  Ch.  87.     1812. 


VotMnffolat- 
•d. 


RegdatioBf 
relative  to  ■nf- 
frage^  Ice. 


Stockholders 
not  to  be  an- 
■werable  for 
loHOf,  Ace. 


Exceptions 
with  respect  to 
directors. 


Absent  direc- 
tors may  exon- 
erate  them- 
selves. 


Stockholders 
eventaally 
liable. 


President  or 
director  must  be 
a  eitisen. 


Sec.  12.  And  be  it  jurther  enacted^  That  every  stockholder,  being 
a  citizen  of  the  United  States,  shall  be  entitled  to  vote  at  all  elections 
to  be  holden  by  the  stockholders,  in  pursuance  of  this  act,  and  shall 
have  as  many  votes,  in  proportion  to  the  stock  he  may  hold,  as  follows : 
for  one  share,  one  vote ;  three  shares,  two  votes ;  five  shares,  three  votes ; 
above  five  shares,  and  not  exceeding  fidy,  for  each  five  shares  above  five 
shares,  one  vote;  and  upwards  of  fifty  shares,  for 'each  ten  shares,  one 
vote.  No  share  or  shares  shall  confer  a  right  of  suffrage  which  shall 
not  have  been  regularly  transferred  on  the  books  of  the  corporation  two 
months  previous  to  the  election ;  and  it  shall  be  the  duty  of  the  cashier 
to  make  out  a  list  of  the  stockholders,  thirty  days  previous  to  an  election, 
for  their  inspection.  And,  in  choice  of  directors,  every  stockholder  shall 
vote  in  person,  except  those  who  shall  reside  out  of  the  town  of  Alexan- 
dria, who  may  vote  either  in  person  or  by  a  written  ballot,  by  him  or  her 
subscribed  with  his  or  her  name,  and  duly  acknowledged  before  a  judge 
of  a  court,  a  justice  of  peace,  or  a  notary  public,  a  certificate  whereof 
shall  be  made  on  said  ballot  by  the  said  judge,  justice  of  the  peace,  or 
notary  public,  before  whom  such  acknowledgment  shall  be  made;  and 
said  ballot  shall  be  by  him  sealed  up,  and  in  his  handwriting  addressed 
to  the  cashier  of  the  bank,  and  being  transmitted  to  said  cashier,  before 
the  time  of  the  election  of  directors,  said  ballot  shall  be  received  and 
counted  in  the  choice  of  directors.  And  every  stockholder  may  sell  and 
transfer  his  stock  in  the  said  bank,  or  any  part  thereof,  at  his  pleasure 
not  being  less  than  one  complete  share  or  shares ;  the  transfer  being 
made  in  the  bank  books,  in  the  presence,  and  with  the  approbation  of 
the  proprietor  or  his  lawful  attorney. 

Sec.  13.  And  he  it  fttrther  enacted.  That  no  stockholder  or  member 
of  said  corporation  shall  be  answerable  for  any  losses,  deficiencies,  or 
failure  of  the  capital  stock  of  the  said  bank,  for  any  more,  or  larger  sum 
or  sums  of  money  whatsoever,  than  the  amount  of  stock,  stocks,  or  shares^ 
which  shall  appear  by  the  books  of  said  corporation,  to  belong  to  him  at 
the  time  or  times  when  such  loss  or  losses  shall  be  sustained,  except  as 
is  hereafter  excepted,  that  is  to  say :  If  the  total  amount  of  debts  which 
said  company  shall  at  any  time  owe,  whether  by  bond,  note,  bill  or  other 
contract,  shall  exceed  twice  the  amount  of  the  capital  stock  of  the  said 
bank,  over  and.  above  th^  monies  actually  deposited  in  the  bank  for  safe 
keeping ;  then,  in  case  of  such  excess,  the  directors  under  whose  admin- 
istration it  shall  happen,  shall  be  liable  for  such  excess  in  their  natural 
and  private  capacities ;  and  an  action  or  actions  of  debt  may  be  brought 
against  them,  or  any  of  their  heirs,  executors  or  administrators,  in  any 
court  of  record  within  the  United  States,  by  any  creditor  or  creditors  of 
said  corporation ;  and  may  be  prosecuted  to  judgment  and  execution,  any 
condition,  or  covenant  or  agreement,  to  the  contrary  notwithstanding ; 
but  this  shall  not  be  construed  to  exempt  the  said  body  politic,  or  lands, 
tenements,  goods,  and  chattels  of  the  same  from  being  also  liable  for, 
and  chargeable  with  said  excess:  Provided,  that  such  of  the  said  directors 
who  may  have  been  absent  when  said  excess  was  contracted  or  created, 
or  who  may  have  dissented  from  the  resolution  or  act  whereby  the  same 
was  so  contracted  or  created,  may  respectively  exonerate  themselves 
from  being  so  liable,  by  forthwith  giving  notice  of  the  fact,  and  of  their 
absence  or  dissent,  to  the  stockholders,  at  a  general  meeting  which  he 
or  they  shall  have  power  to  call  for  that  purpose.  And  in  case  the 
directors,  by  whose  act  such  excess  shall  be  occasioned,  shall  not  have 
property  to  pay  the  amount  of  such  excess,  then  each  and  every  stock* 
holder  shall  be  liable  in  their  private  capacities,  for  their  deficiencies, 
in  proportion  to  their  respective  shares  in  the  said  bank. 

Sec.  14.  And  be  it  fiarther  enacted.  That  none  but  a  stockholder, 
being  a  citizen  of  the  United  States,  shall  be  eligible  as  a  president  or 
director. 


TWELFTH  CONGRESS.    Sns.  I.  Ch.  87.    1812. 


7» 


Notice  to  bo 
iriTen  of  eleo- 
tion. 


Bbc.  15.  And  he  it  further  entuted.  That  the  president  aod  directora 
(br  the  time  being,  shall  give  four  weeks'  public  notice  in  the  newspapers 
of  Alexandria,  and  in  one  or  more  newspapers  in  the  city  of  Washington, 
of  the  time  and  place  of  holding  the  election  of  directors,  annually. 

Sbc.  16.  And  be  it  Jurther  enacted.  That  the  president,  and  each 
director,  before  he  enters  upon  the  duties  of  his  office,  shall  take  the 
following  oath  or  affirmation  (as  the  case  may  be) :  1  do  solemnly 

swear,  (or  affirm,)  that  I  will  impartially,  faithfully,  diligently  and 
honestly,  execute  the  duties  of  of  the  Mechanics'  Bank  of  Alex- 

andria, conformably  to  the  constitution  of  the  same,  and  the  trust 
reposed  in  me,  to  the  best  of  my  skill  and  judgment :  and  the  president 
shall  give  bond  and  security  for  the  faithful  discharge  of  his  duties,  to  the 
satisfaction  of  the  directors ;  the  cashier,  other  officers  and  servants, 
shall  also  take  an  oath,  and  give  bond  and  security  to  the  satisfaction 
of  the  president  and  directors. 

Sec.  17.  And  he  it  further  enacted.  That  all  bills,  bonds,  notes,  and 
every  other  contract  or  engagement  on  behalf  of  the  corporation,  shall 
be  signed  by  the  president  and  countersigned  by  the  cashier ;  and  the 
funds  of  the  corporation  shall  in  no  case  be  liable  for  any  contract  or 
engagement,  unless  the  same  shall  be  signed  and  countersigned  as  afore- 
said; and  the  president  and  directors  shall  not  issue  any  note  for  a 
smaller  sum  than  five  dollars,  (a) 

Sec.  18.  And  he  it  further  enacted.  That  if  the  president,  or  any 
director,  the  cashier,  or  any  other  officer  of  the  said  bank,  shall  be  con- 
cerned directly  or  indirectly,  in  purchasing  any  note  or  notes,  bill  or 
bills,  at  more  than  lawful  discount  or  interest,  and  information  thereof 
be  given  and  supported  to  the  satisfaction  of  a  majority  of  the  board  of 
directors,  his  or  their  seat  or  seats  of  office  shall  be  vacated,  and  the 
directors  shall  fill  up  such  vacancy  or  vacancies. 

Sec.  19.  And  he  it  further  enacted.  That  in  case  of  the  death,  dis- 
qualification or  resignation  of  the  president  or  any  director,  or  any  officer 
or  servant  of  the  said  corporation,  the  board  of  directors  shall,  at  their 
next  meeting,  fill  such  vacancy ;  and  in  case  of  sickness  or  necessary 
absence  of  the  president,  his  place  may  be  supplied  by  a  director,  to  be 
appointed  president  pro  tempore,  by  the  president,  and  on  his  failing  to 
make  such  appointment,  by  the  directors. 

Sec.  20.  And  he  it  further  enacted.  That  it  shall  not  be  lawful  for 
the  president  and  directors  to  demand  or  receive  a  greater  discount  or 
interest,  than  at  the  rate  of  one  per  cent,  for  sixty  days,  upon  any  loans 
or  advances  of  money  which  they  may  make. 

Sec.  21.  And  he  it  further  enacted.  That  the  shares  of  the  capital 
stock  shall  be  transferable  at  any  time,  according  to  such  rules  as  may 
be  established  by  the  president  and  directors;  but  no  stock  shall  be 
transferred,  the  holder  thereof  being  indebted  to  the  bank,  until  such 
debt  be  satisfied,  except  the  president  and  directors  shall  otherwise 
order  it. 

Sec.  22.  And  he  it  further  enacted.  That  a  number  of  stockholders 
not  less  than  forty,  who,  together,  shall  be  proprietors  of  twenty  thousand 
shares  or  upwards,  shall  have  power  at  any  time  to  call  a  general  meet- 
ing of  the  stockholders,  for  purposes  relative  to  the  constitution,  givinff 
at  least  six  weeks'  notice  in  one  or  more  newspapers  in  the  town  of 
Alexandria  and  city  of  Washington,  specifying  in  such  notice  the  object 
or  objects  of  such  meeting. 

Sec.  23.  And  he  it  further  enacted,  That  on  application  being  made, 

(a)  The  17tb  ■ection  of  the  act  incorporating  the  Mechanics*  Bank  of  Alexandria,  passed  May  16, 181S, 
proTidinff  that  "  all  bills,  bonds,  and  notes,  and  every  other  contract  or  engagement  on  behalf  of  the 
eorporatioB,  shall  be  signed  by  the  president,  and  coanteraigned  by  the  cashier,  and  the  funds  of  the  cor- 
poration shall  in  no  case  be  uable  for  any  contract  or  enpgement,  nnless  the  same  shall  bo  signed  an 
nforesaid,"  does  not  apply  to  contracts  and  andertakings  implied  at  Uw.  Meohanici*  Bank  of  Aleiaa- 
diia  V.  The  Bank  of  Colombia,  6  Wheat  3S6j  4  Cond.  Rep.  666. 


Oathofpred^ 
dent  and  dixee- 
ton. 


President  to 
give  bond. 

Cashier  and 
others  to  take 
an  oath  and  give 
bond. 

President  and 
cashier  to  sign 
and  connteraign 
notes. 


Smallest  notes 
to  be  five  dol- 
lara. 

Officera  of  the 
bank  not  to  pur- 
chase bills  at 
mora  than  law- 
ibl  diacoont 


Supply  of  va* 


Not  lawflil  to 
receiye  more 
than  one  per 
cent,  for  sixty 
daya. 

Shares  trana- 
fbrable,  fco. 


Forty 
holdera  may  call 
a  general  meet- 
ing. 

Six  weeks'no- 
tiee  to  be  girea. 


740 


TWELFTH  CX)NGRESS.    Sbss.  I.  Ca.  67.    18» 


May  Io««  to 
UMU.BtatM. 


NotMneffotU- 
ble  at  mI  «i- 
■UniUtedtobiUa 
of  eiehaage. 


Foigiiqjf  or 
ooontorfaitiqg 
BotM  felony. 


'StocUioMors 
ftiling  to  pftjr. 


Dlvidendi   to 
bedooluod. 

Not  to  impair 
■took. 


capital 


Secretary  of 
the  Treaaory  to 
have  certain 
powen. 


CorpoiatioB  to 
eootinoe  till  let 
Jaaoery,  ISm, 
bat  may  be 


toWed. 


Oadiaaolation 
of  the  corpoca* 
tion  the  eon- 
eems   to    be 
cloeedy  Ike. 


Ho  diacoont 
illowed  after 
tiieJatJaaaaiyy 
MM. 


the  piesideDl  and  directors  may  loan  to  the  United  States  any  vam  ot 
auiDs,  not  exceeding  one  fourth  of  their  capital,  on  such  terms  as  may 
be  agreed  upon. 

Sec.  24.  And  be  it  further  enacted,  Thai  whenever  any  note  shall 
be  given,  containing  express  consent  in  writing  that  it  may  be  negotia- 
ble at  the  said  bank,  and  the  same  shall  be  endorsed,  if  payment  be 
refused  or  neglected  to  be  made  at  the  time  it  shall  have  become  due, 
the  like  proc^ings  are  to  be  bad  out  of  court,  and  suit  may  be  prose- 
cuted against  the  drawer  and  endorser,  jointly  or  separately,  in  like 
manner  as  if  the  same  was  a  bill  of  exchange. 

Sec.  25.  And  be  it  fitrther  enacted,  That  if  any  person  or  persons 
shall  forge  or  counterfeit  any  of  the  notes  or  checks  on  or  of  the  said 
bank,  or  pay  or  tender  in  payment,  or  in  any  manner  pass  or  offer  to 
pass  such  forged  or  counterfeited  note  or  check,  knowing  the  same  to 
be  forged  or  counterfeited,  and  shall  thereof  be  convicted  in  any  court 
of  the  United  States  having  criminal  jurisdiction,  he,  she  or  tbey,  shall 
be  adjudged  a  felon  or  felons. 

Sbc.  26.  And  be  it  Jurtker  enacted^  That  if  any  stockholder  shall 
fail  to  pay  up  the  sevend  instalments  upon  his  subscription,  as  the  same 
may  become  due,  his  dividends  upon  such  instalments  as  he  may  have 
paid  shall  cease  as  to  him  and  remain  to  the  use  and  .bene6t  of  the  other 
members  of  the  corporation. 

Sec.  27.  And  be  it  further  enacted.  That  the  president  and  direc- 
tors shall,  as  soon  as  they  may  deem  it  expedient,  declare  a  dividend  of 
profits,  and  every  half  year  thereafter  shall  make  and  declare  sneh 
dividends  of  profit  as  they  may  deem  proper :  Provided,  such  dividend 
shall  not  impair  the  capital  stock ;  but  no  dividend  shall  be  declared 
except  by  a  majority  of  all  the  directors. 

Sec.  28.  And  be  it  further  enacted.  That  the  SecreUry  of  the  Treak 
sury  of  the  United  States  shall  be  furnished,  at  least  once  in  every  year, 
and  oftener  if  he  shall  require  it,  with  statements  of  the  capital  stock  of 
the  said  corporation,  and  of  the  debts  due  to  the  same,  of  the  monies 
deposited  therein,  of  the  notes  in  circulation  and  of  the  cash  in  hand ; 
and  shall  have  a  right  to  inspect  such  general  accounts  in  the  books  of 
said  bank  as  shall  relate  to  said  statements :  Provided,  that  this  shall 
not  be  construed  to  imply  a  right  of  inspecting  the  accounts  of  any 
private  individual  or  individuals  with  the  bank. 

Sec.  29.  And  be  it  further  enacted.  That  this  corporation  shall  coih 
tinue  until  the  first  day  of  January,  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  twenty-two ;  but  nevertheless  the  proprietors  of  two 
thirds  of  the  capital  stock  of  said  company  may  by  their  concurrent  votes 
at  a  general  meeting  to  be  called  for  that  purpose,  dissolve  the  same  at 
an  earlier  period :  Provided,  that  notice  of  such  meeting  and  its  object 
shall  be  published  in  two  or  more  newspapers  printed  within  the  district 
of  Columbia,  for  at  least  three  months  successively,  previous  to  the  time 
appointed  for  such  meeting. 

Sec.  30.  And  be  it  further  enacted,  That  on  the  dissolutioo  of  this 
corporation,  or  whenever  the  same  shidl  be  determined  on  as  aforesaid, 
effectual  measures  shall  immediately  be  taken  by  the  president  and 
directors  then  in  ofiice,  for  closing  all  the  concerns  of  the  oorporaiioo, 
and  for  dividing  the  capital  and  profits  which  may  remain  among  the 
stockholders  in  proportion  to  their  respective  interests ;  and  so  much  of 
this  act  as  will  enable  them  to  close  the  concerns  of  the  corporation  and 
so  much  as  imposes  a  punishment  or  penalty  for  crimes,  or  for  mal- 
feasance, in  this  act  described,  shall  remain  and  be  in  full  force  until  all 
the  affairs  of  the  corporation  are  finally  settled ;  but  no  discount  shall  be 
made  by  the  said  corporation  after  the  first  dsy  of  January,  in  the  year 
of  our  Lord  one  thousand  eight  hundred  and  twenty*two. 

Sec.  31.  And  be  it  further  enacted.  That  this  act  shall  take 


TWELFTH  CONGRESS.    8m.  I.  Ch.  88, 90.    1812. 


ta 


ft^m  aud  after  the  paaaing  thereof;  and  shall  to  all  intents  and  pprpoe^ 
be  a  public  act 
Approtbp,  May  16,  1812. 


ApuUicaot. 


StatutxI. 


GiUF.  LXXXVIIL— ^fi  M  to  mUhorize  the  Prmdeni  of  the  United  Staiee  to    May  gO,  181g. 
tueertain  and  deetgnate  certain  boundanee.  — — _ 

Be  it  enaeted  by  the  SenaU  and  House  rf  Rqareseniaiives  of  the  United 
States  of  America  in  Congress  assembled^  That  the  aunreyor  general, 
under  the  direction  of  the  President  of  the  United  States,  be,  and  he  is 
hereby  authorized  and  required,  (as  soon  as  the  consent  of  the  Indians 
can  be  obtained,)  to  cause  to  be  surveyed,  marked  and  designated,  so 
much  of  the  western  and  northern  boundaries  of  the  state  of  Ohio, 
which  have  not  already  been  ascertained,  as  divides  said  state  from  the 
territcnies  of  Indiana  and  Michigan,  agreeably  to  the  boundaries  as 
eeufaiished  by  the  act,  entituled  *'An  act  to  enable  the  people  of  the 
eastern  division  of  the  territory  northwest  of  the  river  Ohio  to  form  a 
constitution  and  state  government,  and  for  the  admission  of  such  state 
into  the  Union  on  an  eqaal  footing  with  the  original  states,  and  for  other 
purposes,"  passed  April  thirtieth,  one  thousand  eight  hundred  and  two ; 
and  to  cause  to  be  made  a  plat  or  plan  of  so  much  of  the  boundary  line 
as  runs  from  the  southerly  extreme  of  Lake  Michigan  to  Lake  Erie,  parti- 
cularly noting  the  place  where  the  said  line  intersects  the  margin  of  said 
lake,  and  to  return  the  same  when  made  to  Congress :  Provided^  that 
the  whole  expense  of  surveying  and  marking  the  said  boundary  lines 
shsll  not  exceed  five  dollars  for  every  mile  that  shall  be  actually  surveyed 
and  marked,  which  shall  be  paid  out  of  the  monies  appropriated  for 
defraying  the  expense  of  surveying  the  public  lands. 

Approved,  May  20, 1812. 


Prandent  to 
caaM  the  iiur- 
veyor-genenl 
to  dengnato  tho 
weatem  and 
nortbem  boua- 
dariea  of  Ohio, 
flee. 


Act  of  April 
30,l80S,ch.40. 


A  plat  to  bo 
made  of  the 
bonndarjr  which 
rant  toathcac. 
terlv  of  Lake 
MicnigaB. 

Eipense  lim- 
ited, Ike. 


Statute  I. 


Chap.  XC. — Sn  Jet  to  extend  the  right  (f  silage  in  the  Hiinoie  territory,  and 
for  other  pwrpoaea.(a) 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembleJl  That  upon  the  admission  of 
the  Illinois  territory  into  the  second  grade  of  territorial  government,  in 
conformity  with  the  provisions  of  the  act,  entituled  ''An  act  for  dividing 
Indiana  into  two  separate  governments,"  each  and  every  free  white  male 
person  who  shall  have  attained  the  age  of  twenty-one  years,  and  who 
shall  have  paid  a  county  or  territorial  tax,  and  who  shall  have  resided 
one  year  in  said  territory  previous  to  any  general  election,  and  be  at  the 
time  of  any  such  election,  a  resident  thereof,  shall  be  entitled  to  vote  for 
members  of  the  legislative  council  and  house  of  representatives  for  the 
said  territory. 

Sec.  2.  And  be  it  further  enacted.  That  so  soon  as  the  governor  of 
the  said  territory  shall  divide  the  same  into  five  districts,  the  citizens 
thereof,  entitled  by  this  act  to  vote  for  representatives  to  the  general 

(a)  Illinoia  Territory : — 

Ao  act  for  dividing  the  Indiana  territory  into  two  leparate  governments,  Febmary  3,  1809,  chap.  13. 

An  act  to  extend  die  right  of  raifrage  m  the  Illinoia  territory,  and  for  other  parpoies.  May  20,  1812, 
ehap.  90. 

An  act  ■applemental  to  an  act  entiUed,  "An  act  for  dividing  the  Indiana  territory  into  two  govemmentf, 
June  10,  1812,  chap.  98. 

An  act  regalating  and  defining  the  dntiea  of  the  United  States  judgei  for  the  territory  of  niinoia,  March 
8,  1816,  chap.  97. 

An  act  ■upplemental  to  the  act  entitled,  "An  act  regulating  and  defining  the  daties  of  the  United  Statee 
Judges  for  tlie  territorv  of  Illinois,  and  for  vesting  in  the  courts  of  Indiana  a  jurisdiction  in  chancery 
cases  arising  in  the  said  territory,  April  29,  1816,  chap.  164. 

An  act  to  authorise  the  surveying  and  making  a  road  in  the  territory  of  Illinois,  April  27, 1816,  chap. 
131. 

An  act  to  provide  for  the  appointment  of  a  surveyor  of  the  public  lands,  in  the  territories  of  Illinoia 
and  Missouri,  April  29,  1816,  ehap.  161. 


May  20,  1812. 

Act  of  Feb.  8, 
1809,  ch.  IS, 
vol.  ii.  614. 

Persons  al- 
lowed to  vote 
lor  members  of 
the  legislative 
council  and 
house  of  repre- 
sentatives. 


Time  of  elect- 
ing members  of 


749 


TWELFTH  CX)NOIlESS.    Sess.  I.  Ch.  92.    1819. 


leffidatiTeoottii- 
eiJ,  ko. 


TimeofelecU 
ing  a  delegate  to 
Congren,  and 
hit  powers. 


Duty  of  sher- 
iffs and  of  the 
{[o^ernor  in  re- 
ation  to  elec- 
tion of  dele- 
gates. 


Penalty  on 
the  sheriff  for 
neglect* 


Genera]  as- 
sembly  empow- 
ered to  appor- 
tion represeuta- 
tives^  sc. 


Vol.  i.  51. 


Statute  I. 
May  22,  1812. 

[Obsolete.] 

Act  of  March 
28, 1812,  ch.  46. 

Act  of  March 
3,  1815,  ch.  78. 

Private  trade 
forbidden  to  the 
commissary  ge- 
neral^  kc. 


Barrack-mas- 
tor  and  depa- 
ties. 


Their  pay. 


assembly,  shall,  in  each  of  the  said  districts^  elect  one  member  of  tbe 
legislatiYC  council,  who  shall  possess  the  same  powers  heretofore  granted 
to  the  legislative  council  by  the  ordinance  for  the  government  of  the 
Northwestern  territory,  and  shall  hold  their  offices  four  years  and  no 
longer,  any  thing  in  the  ordinance  to  the  contrary  notwithstanding. 

Sec.  3.  And  be  it  ^further  enacted,  That  the  citizens  of  the  said  terri- 
tory, entitled  to  vote  ior  members  of  the  territorial  legislature  by  this  act 
may,  at  the  time  of  electing  their  representatives  to  the  general  assem- 
bly thereof,  also  elect  one  delegate  to  Congress  for  the  said  territory, 
who  shall  possess  the  same  powers  heretofore  granted  to  the  delegates 
from  the  several  territories  of  the  United  States. 

Sec.  4.  And  be  it  fitrther  enacted,  That  the  sherifis  of  the  several 
counties  which  now  are,  or  hereafler  may  be  established  in  the  said  ter« 
ritory,  respectively  shall,  within  forty  days  next  after  an  election  for  a 
delegate  to  Congress,  transmit  to  the  secretary  of  the  said  territory  a 
certified  copy  of  the  returns  from  the  several  districts  or  townships  of 
their  respective  counties ;  and  it  shall  be  the  duty  of  the  governor,  for 
the  time  being,  to  give  to  the  person  having  the  greatest  number  of 
votes,  a  certificate  of  his  election. 

Sec.  5.  And  be  it  jurther  enacted.  That  each  and  every  sheriff,  in 
each  and  every  county,  that  now  is,  or  hereafler  may  be  established  in 
said  territory,  who  shall  neglect  or  refuse  to  perform  the  duties  required 
by  this  act,  shall  forfeit  one  thousand  dollars,  to  be  recovered  by  an  action 
of  debt,  in  any  court  of  record  within  the  said  territory,  one  half  to  the 
use  of  the  territory,  and  the  other  half  to  the  use  of  the  person  suing  for 
the  same. 

Sec.  6.  And  be  it  Jwrther  enacted.  That  the  general  assembly  of  the 
said  territory  shall  have  power  to  apportion  the  representatives  of  the 
several  counties,  which  now  are,  or  hereafler  may  be  established  therein, 
according  to  the  number  of  free  white  male  inhabitants  above  the  age 
of  twenty-one  years,  in  such  counties :  Provided,  that  there  be  not  more 
than  twelve,  nor  less  than  seven  of  the  whole  number  of  representatives, 
until  there  shall  be  six  thousand  free  male  white  inhabitants,  above  the 
age  of  twenty-one  years  in  said  territory,  afler  which  time,  the  number 
of  representatives  shall  be  regulated  agreeably  to  the  ordinance  for  the 
government  of  the  territory  northwest  of  the  river  Ohio. 

Approved,  May  20,  1812. 


Chap.  XCII, — Jin  Jet  to  amend  an  act  entitukd  **Jn  ael  to  cMtabHih  a  QuarUr* 
nuuier^M  Departmeni,  and  for  other  purpoaeiJ* 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  neither  the  quartermaster 
genera],  the  commissary  general,  nor  any  or  either  of  their  deputies  or 
assistant  deputies,  shall  oe  concerned,  directly  or  indirectly,  in  the 
purchase  or  sale,  for  commercial  purposes,  of  any  article  intended  for, 
making  a  part  of,  or  appertaining  to  their  respective  departments,  except 
for,  and  on  account  of  the  United  States;  nor  shall  they,  or  either  of 
them,  take  or  apply  to  his  or  their  own  use,  any  gain  or  emolument  for 
negotiating  or  transacting  any  business  in  their  respective  departments, 
other  than  what  is  or  may  be  allowed  by  law. 

Sec.  2.  And  be  it  further  enacted,  That  the  quartermaster  general 
be,  and  he  is  hereby  empowered  to  appoint  one  principal  barrack  master, 
and  as  many  deputy  barrack  masters,  as  may  from  time  to  time  be  neces- 
sary, not  exceeding  one  to  each  separate  barrack  or  cantonment:  which 
said  principal  barrack  master  shall  be  entitled  to  receive  the  same  pay, 
rations  and  emoluments  as  the  principal  forage  master;  and  each  of  his 
deputies,  the  same  pay,  rations  and  emoluments  as  is  by  law  allowed  to 
a  deputy  forage  master. 


TWELFfH  CONGRESS.    Sbss.  I.  Ch.  93,  »5.     1812. 


743 


Sec.  3.  And  be  ii  Jurther  enacted^  That  in  addition  to  the  allowance     Contingeiitex. 
made  to  the  quartermaster  general  and  commiaaary  general  respectively,  P^'^'^'  ^  ^'^' 
in  and  by  the  act  hereby  amended,  it  shall  and  may  be  lawful  for  the  |^^  of  WarT 
Secretary  for  the  department  of  War,  for  the  time  being,  to  allow  to  them 
respectively,  such  sums  as  in  his  opinion  shall  have  been  actually  and 
necessarily  expended  in  their  several  departments  for  office  rent,  fuel, 
candles  and  extra  clerk  hire. 

Sec.  4.  And  be  ii  Jurther  enacted,  That  the  quartermaster  genera], 
the  deputy  quartermasters,  and  the  assistant  deputy  quartermasters, 
shall,  before  they  or  either  of  them  enter  upon  the  duties  of  their  appoint- 
ment respectively,  enter  into  bond  with  sufficient  security,  to  be  approved  Bond  and  so- 
of  by  the  SecreUry  at  War,  conditioned  for  the  faithful  expenditure  of  «'in*y**c« 
all  public  monies,  and  accounting  for  all  public  property,  which  may 
come  to  their  hands,  respectively;  and  the  quartermaster  general  shall 
not  be  liable  for  any  money  or  property  that  may  come  into  the  hands 
of  the  subordinate  officers  of  his  department. 

Sec.  5.  And  be  it  Jurther  enacted,  That  the  sixth  section  of  the  act 
hereby  amended  be,  and  the  same  is  hereby  repealed. 

Approved,  May  22,  1812. 


Act  of  March 
S8,1812,ch.46. 


Crap.  XCUJ.'-^nJet  mpplementary  to  an  act  entituled  ^^An  act  for  the  adm%9» 
tion  (f  the  Mtate  of  Louitiana  into  the  Union,  and  to  extend  the  law9  (f  the 
United  States  to  the  aaid  etaUy 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  all  causes,  actions,  indictp 
ments,  libels,  pleas,  processes  and  proceedings  whatsoever,  returnable, 
commenced,  depending  or  in  any  manner  existing  in  the  district  court 
established  in  the  territory  of  Orleans,  in  and  by  the  act,  entituled  '<An 
act  erecting  Louisiana  into  two  territories  and  providing  for  the  tempo- 
rary government  thereof,"  be,  and  the  same  are  hereby  transferred  to 
the  district  court  established  by  the  act  to  which  this  is  a  supplement, 
and  may  be  proceeded  in,  shall  exist  and  have  like  incidents  and  elTects 
as  if  they  had  been  originated  and  been  proceeded  in  in  the  court  estab- 
lished by  the  act  to  which  this  is  a  supplement 

Sec.  2.  And  be  it  Jurther  enacted.  That  the  dockets,  books,  records, 
papers  and  seal,  belonging  to  the  said  district  court  of  the  Orleans  terri- 
tory, shall  be  transferred  to,  and  become  the  dockets,  books,  records, 
and  papers  of  the  district  court  of  the  Louisiana  district. 

Sec.  3.  And  be  it  Jurther  enacted.  That  the  eighth  section  of  the  act 
aforesaid,  entituled  <<An  act  erecting  Louisiana  into  two  territories,  and 
providing  for  the  temporary  government  thereof,"  and  also,  all  acts 
within  the  purview  of  this  act,  and  the  one  to  which  this  is  a  supplement, 
be  and  the  same  are  hereby  repealed. 

Approved,  May  22, 1812. 


Statxttb  L 
May  32,  1813. 

Act  of  April 
8,  1813,  ch.  60. 

Judicial  pro- 
ceedings trana. 
ferred,  ko. 


Act  of  March 
36, 1804,  ch.  38. 


Docket!,   re- 
cords, ko. 
transferred. 


Eighth  seo. 
tion,  &c.  of  act 
of  March  26, 
1804,  ch.  38,  re- 
pealed. 


Chap. 


Statute  I. 

June  4,  1S13. 

[Obsolete.] 
Louisiana    to 

be  called  Mis- 

souri. 


XCV.— gjfi  Jet  providing  for  the  government  of  the  territory  of  Mie- 
aouri.(a) 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  the  territory  heretofore 
called  Louisiana  shall  hereafler  be  called  Missouri,  and  that  the  tempo* 
rary  government  of  the  territory  of  Missouri  shall  be  organized  and  ad- 
ministered in  the  manner  herein  after  prescribed. 

(tf)  An  act  to  alter  certain  parts  of  the  act  proTiding  for  the  government  of  the  territorr  of  Missoori. 
April  39,  1816,  chap.  156. 

An  act  further  to  regulate  the  territories  of  the  United  States,  and  their  electing  delegates  to  Congress, 
March  3,  1817,  chap.  48. 


744 


TWELFTH  CONGRESS.    Sbm.  I.  Ch.  05.    1812. 


GoTOnior,— 
tenure  of  office, 
ffeneni  powen. 


Secretary. 
Hivdatjr. 


LegiilatiTe 
power,  fcc. 


GoTemor'ftf- 
■ent  to  bills  in- 
diepeanble. 

Number  ofthe 
legiflatiTeconB- 
cil,  ko. 


Mode  ofcboot- 
ing  meraben  of 
the  legiiUtiYO 
coonciJ,  fcc. 


Sec.  2.  And  he  it  fiaiher  enacted^  That  the  execative  power  ifaall  be 
Tested  in  a  governor,  who  shall  reside  in  the  said  territory ;  he  shall 
hold  his  office  daring  the  term  of  three  years,  unless  sooner  removed  by 
the  President  of  the  United  States;  shall  be  commander  in  chief  of  the 
militia  of  the  said  territory ;  shall  have  power  to  appoint  and  commission 
all  officers  civil  and  of  the  militia,  whose  appointments  are  not  herein 
otherwise  provided  for,  which  shall  be  established  by  law ;  shall  take 
care  that  the  laws  be  faithfully  executed ;  shall  have  power  to  grant  par« 
dons  for  offences  against  the  said  territory,  and  reprieves  for  those 

Srainst  the  United  States,  until  the  decision  of  the  President  of  the 
nited  States  thereon  shall  be  made  known ;  shall  have  power  on  ex- 
traordinary occasions  to  convene  the  general  assembly,  and  he  shall  ex 
officio  be  superintendent  of  Indian  affairs. 

Sec.  3.  And  he  it  further  enacted,  That  there  shall  be  a  secretary, 
whose  commission  shall  continue  in  force  for  four  years,  unless  sooner 
revoked  by  the  President  of  the  United  States ;  he  shall  reside  in  the 
said  territory ;  it  shall  be  his  duty,  under  the  direction  of  the  governor, 
to  record  and  preserve  all  the  proceedings  and  papers  of  the  executive, 
and  all  the  acts  of  the  general  assembly,  and  to  transmit  authentic  copies 
of  the  same  every  six  months  to  the  President  of  the  United  States.  In 
case  of  a  vacancy  of  the  office  of  governor,  the  government  of  the  said 
territory  shall  be  executed  by  the  secretary. 

Sec.  4.  And  he  it  further  enacted.  That  the  legislative  power  shall 
be  vested  in  a  general  assembly,  which  shall  consist  of  the  governor,  a 
legislative  council  and  a  house  of  representatives.  The  general  assem- 
bly shall  have  power  to  make  laws  in  all  cases,  both  civil  and  criminal, 
for  the  good  government  of  the  pe<^le  of  the  said  territory,  not  repug« 
nant  to  or  inconsistent  with  the  constitution  and  laws  of  the  United 
States ;  and  shall  have  power  to  establish  inferior  courts,  and  to  pre- 
scribe their  jurisdiction  and  duties ;  to  define  the  powers  and  duties  of 
justices  of  the  peace  and  other  civil  officers  in  the  said  territory,  and  to 
regulate  and  fix  the  fees  of  office,  and  to  ascertain  and  provide  for  pay« 
ment  of  the  same,  and  for  all  other  services  rendered  to  the  said  terri- 
tory, under  the  authority  thereof.  All  bills  having  passed  by  a  majority 
in  the  house  of  representatives,  and  by  a  majority  in  the  legislative 
council,  shall  be  referred  to  the  governor  for  his  assent,  but  no  bill  or 
legislative  act  whatever  shall  be  of  any  force  without  his  approbation. 

Sec.  5.  And  he  it  Jurther  enacted,  That  the  legislative  council  shall 
consist  of  nine  members  to  continue  in  office  five  years,  unless  sooner 
removed  by  the  President  of  the  United  States,  any  five  of  them  shall 
be  a  quorum.  The  members  of  the  legislative  council  shall  be  nomi- 
nated and  appointed  in  the  manner  foUowing :  as  soon  as  representatives 
shall  be  elected,  they  shall  be  convened  by  the  governor  as  hereafter 
prescribed,  and  when  met,  shall  nominate  eighteen  persons,  residents  in 
the  said  territory  one  year  preceding  their  nomination,  holding  no  office 
of  profit  under  the  territory  or  the  United  States,  the  office  of  justice  of 
the  peace  excepted,  and  each  possessing  in  his  own  right  two  hundred 
acres  of  land  therein,  and  return  the  names  to  the  President  of  the 
United  States,  nine  of  whom  the  President,  by  and  with  the  advice  and 
consent  of  the  Senate,  shall  appoint  and  commission  to  serve  as  afore- 
said ;  and  when  a  vacancy  shall  happen  in  the  legislative  council,  by 
death  or  removal  from  office,  the  house  of  representatives  shall  nominate 
two  persons  qualified  as  aforesaid  for  each  vacancy,  and  return  their 
names  to  the  President  of  the  United  States,  one  of  whom  he,  by  and 
with  the  advice  and  consent  of  the  Senate,  shall  appoint  and  commis- 
sion for  the  residue  of  the  term :  and  every  five  years,  four  months  at 
least  before  the  expiration  of  the  time  of  service  of  the  members  of  the 
legislative  council,  the  house  of  representatives  shall  nominate  eighteen 
persons,  qualified  as  aforesaid,  and  return  their  names  to  the  President 


TWELFTH  CONGRESS.    Sbss.  I.  Ch.  95.    1813. 


745 


of  the  United  Sutes,  nine  of  whom  shall  be  appointed  and  commiamoned 
as  aforesaid,  to  senre  as  members  of  the  legislative  council  five  years,  if 
not  sooner  removed.  No  person  shall  be  a  member  of  the  legislative 
council  who  hath  not  attained  to  the  age  of  twenty-five  years. 

Sec.  6.  And  be  it  Jurther  enacted,  That  the  house  of  represenUtives 
shall  be  composed  of  members  elected  every  second  year  by  the  people 
of  the  said  territory,  to  serve  for  two  years.  For  every  five  hundred  free 
white  male  inhabitants  there  shall  be  one  representative,  and  so  on  pro- 
gressively with  the  number  of  free  white  maJe  inhabitants  shall  the  right 
of  representation  increase  until  the  number  of  the  representatives  shall 
amount  to  twenty-five,  after  which  the  number  and  proportion  of  repre- 
sentatives shall  be  regulated  by  the  general  assembly.  No  person  shall 
be  eligible  or  quaJifiMl  to  be  a  representative,  who  shall  not  have  attained 
to  the  age  of  twenty-one  years,  and  who  shall  not  have  resided  in  the 
territory  one  year  next  preceding  the  day  of  election,  and  who  shall  not 
be  a  fireeholder  within  the  county  in  which  he  may  be  elected ;  and  no 
person  holding  an  ofiice  under  the  United  States  or  an  ofiice  of  profit 
under  the  territory  shall  be  a  representative.  In  case  of  vacancy  by 
death,  resignation,  removal  or  otherwise  of  a  representative,  the  governor 
shall  issue  a  writ  to  the  county,  whenever  a  vacancy  may  be  as  aforesaid, 
to  elect  another  person  to  serve  the  residue  of  the  term.  That  all  firee 
white  male  citizens  of  the  United  States,  above  the  age  of  twenty-one 
years,  who  have  resided  in  said  territory  twelve  months  next  preceding 
an  election,  and  who  shall  have  paid  a  territorial  or  county  tax,  assessed 
at  least  six  months  previous  thereto,  shall  be  entitled  to  vote  for  repre- 
sentatives to  the  general  assembly  of  said  territory. 

Sec.  7.  And  be  it  fitrther  enacted.  That  in  order  to  carry  the  same 
into  operation,  the  governor  of  the  said  territory  shall  cause  to  be  elected 
thirteen  representatives,  and  for  that  purpose  shall  proceed,  as  circum- 
stances may  require,  to  lay  off  the  parts  of  the  said  territory  to  which  the 
Indian  title  hath  been  extinguished,  into  convenient  counties,  on  or 
before  the  first  Monday  in  October  next,  and  give  notice  thereof  through- 
out the  same,  and  shall  appoint  the  most  convenient  time  and  place 
within  each  of  the  said  counties  for  holding  the  elections,  and  shall 
nominate  a  proper  officer  or  officers  to  preside  at  and  conduct  the  same, 
and  to  return  to  him  the  names  of  the  persons  who  shall  have  been 
elected.  All  subsequent  elections  shall  be  regulated  by  the  general 
assembly,  and  the  number  of  representatives  shall  be  determined  and 
the  apportionment  made  in  the  manner  herein  before  prescribed. 

Sec.  8.  And  be  it  further  enacted,  That  the  representatives  elected 
as  aforesaid,  shall  be  convened  by  the  governor  in  the  town  of  St.  Louis 
on  the  first  Monday  in  December  next;  and  the  first  general  assembly 
shall  be  convened  by  the  governor,  as  soon  as  may  be  convenient,  at 
St  Louis,  after  the  members  of  the  legislative  council  shall  be  appointed 
and  commissioned.  The  general  assembly  shall  meet  once  in  each 
year,  at  St  Louis,  and  such  meeting  shall  be  on  the  first  Monday  in 
December  annually,  unless  they  shall  by  law  appoint  a  different  day. 
The  legislative  council  and  house  of  representatives,  when  assembled, 
shall  each  choose  a  speaker  and  its  other  officers,  and  determine  the 
rules  of  its  proceedings.  Each  house  shall  sit  on  its  own  adjournments 
from  day  to  day.  Neither  house  shall  during  the  session,  without  con- 
sent of  the  other,  adjourn  for  more  than  two  days,  nor  to  any  other  place 
than  that  where  the  two  houses  shall  be  sitting.  The  members  of  the 
general  assembly  shall,  in  all  cases  except  treason,  felony  or  breach  of 
the  peace,  be  privileged  from  arrest  during  their  attendance  at  their  re- 
spective houses,  and  in  going  to  and  returning  from  the  same ;  and  for 
any  speech  or  debate  in  either  house,  they  shdl  not  be  questioned  in 
any  other  place. 

Seo.  9.  And  be  it  further  enacted,  That  all  and  every  free  white 
Vol.  U.-^94  3  R 


Hovw  ofra- 
preMiitatiTM. 

Ratio  of  repra- 
■eiitatioD,fcc. 


QoalifieatioB 
of  raproMnta- 

tlTM. 


Buppljof  ▼!- 
tnciM. 


QoalificatioB 
of  electon. 


GoTernor  in 
thefintintUnce 
to  cause  elec- 
tions and  to  lay 
ont  coanties. 


Subseqoent 
elections,  ftc. 


Meeting  of 
general  assem- 
bly, ftc. 


Mode  of  pro- 
ceeding  of  each 
branch. 


PriTilege  from 
arrest,  1^. 


746 


TWELFTH  CONGRESS.    6s88. 1.  Ch.  05.    181S. 


Penonf  enti- 
tled to  TOte  for 
delegate  to  Con- 
groM,  and  for 
membert  of  the 
general  aaeem- 
dIj,  ftc. 


Jodioial 
power. 


Superior 
conrt. 

ActofJan.S?, 
1814,  ch.  8. 


Setaiona. 
Clerki. 


Grand  and  pe- 
tit Jarora. 


GoTomor,  8ce. 
to  be  appointed 
bj  the  Preti. 
dent. 


How  paid. 


To  take  an 
oath. 


Before  whom. 


Time  of  elect- 
ing a  delegate  to 
Congreat. 


male  person  who,  on  the  twentieth  day  of  December,  in  the  year  one 
thousand  eight  hundred  and  three,  was  an  inhabitant  of  the  territory  of 
Louisiana,  and  all  free  white  male  citizens  of  the  United  States,  who« 
since  the  said  twentieth  day  of  December,  in  the  year  one  thousand 
eight  hundred  and  three  emigrated,  or  who  hereafler  may  emigrate  to 
the  said  territory,  being  otherwise  qualified  according  to  the  provisions 
of  this  act,  shall  be  capable  to  hold  any  office  of  honour,  trust  or  profit, 
in  the  said  territory,  under  the  United  States,  or  under  the  said  terri- 
tory, and  to  Yote  for  members  of  the  general  assembly  and  a  delegate  to 
Congress  during  the  temporary  government  provided  for  by  this  act. 

Sec.  10.  And  be  it  further  enacted.  That  the  judicial  power  shall  be 
Tested  in  a  superior  court,  and  in  inferior  courts  and  justices  of  the 
peace.  The  judges  of  the  superior  court  and  justices  of  the  peace  shall 
hold  their  offices  for  the  term  of  four  years,  unless  sooner  removed ;  the 
superior  court  shall  consist  of  three  judges,  who  shall  reside  in  the  said 
territory,  any  two  of  whom  shall  constitute  a  court ;  the  superior.courts 
shall  have  jurisdiction  in  all  criminal  cases,  and  exclusive  jurisdiction  in 
all  those  that  are  capital ;  and  original  and  appellate  jurisdiction  in  all 
civil  cases  of  the  value  of  one  hundred  dollars ;  the  said  judges  shall 
hold  their  courts  at  such  times  and  places  as  shall  be  prescribe  by  the 
general  assembly.  The  sessions  of  the  superior  and  inferior  courts  shall 
continue  until  all  the  business  depending  shall  be  disposed  of,  or  for 
such  time  as  shall  be  prescribed  by  the  general  assembly.  The  superior 
and  inferior  courts  shall  respectively  appoint  their  clerks,  who  shall  be 
commissioned  by  the  governor,  and  shall  hold  their  offices  during  the 
temporary  government  of  the  said  territory,  unless  sooner  removM  by 
the  court 

Sec.  11.  And  be  it  fitrther  enacted.  That  all  free  male  white  persons 
of  the  age  of  twenty-one  years,  who  shall  have  resided  one  year  in  the 
said  territory,  and  are  not  disqualified  by  any  legal  proceeding,  shall  be 
qualified  to  serve  as  grand  or  petit  jurors  in  the  courts  of  the  said  terri« 
tory ;  and  they  shall,  until  the  general  assembly  thereof  shall  otherwise 
direct,  be  selected  in  such  manner  as  the  said  courts  shall  respectively 
prescribe,  so  as  to  be  most  conducive  to  an  impartial  trial,  and  least 
burthensome  to  the  inhabitants  of  the  said  territory. 

Sec.  12.  And  be  it  further  enacted,  That  the  governor,  secretary  and 
judges  for  the  territory  of  Missouri,  authorized  by  this  act,  and  all  gene- 
ral officers  of  the  militia,  during  the  temporary  government  thereof, 
shall  be  appointed  and  commissioned  by  the  President  of  the  United 
States,  by  and  with  the  advice  and  consent  of  the  Senate;  and  the  go- 
vernor, secretary  and  judges  shall  respectively  receive  for  their  services 
the  compensations  established  by  law,  to  be  paid  quarter  yearly  out  of 
the  treasury  of  the  United  States;  the  governor,  secretary,  judges, 
members  of  the  legislative  council,  members  of  the  house  of  representa- 
tives, justices  of  the  peace,  and  all  other  officers  civil  and  miliUry,  before 
they  enter  on  the  duties  of  their  respective  offices,  shall  Uke  an  oath  or 
affirmation  to  support  the  constitution  of  the  United  Sutes,  and  for  the 
faithful  discharge  of  the  duties  of  their  office;  the  governor  before  a 
judge  of  the  supreme  or  a  district  court  of  the  United  States,  or  a  judge 
of  the  said  territory ;  the  secretary  and  judges  before  the  governor ;  the 
members  of  the  legislative  council  and  house  of  representatives  before  a 
judge  of  the  said  territory ;  and  the  justices  of  the  peace  and  all  other 
officers  before  such  person  as  the  governor  shall  appoint  and  direct 

Sec.  13.  And  be  it  further  enacted,  That  the  citizens  of  the  said  ter- 
ritory entitled  to  vote  for  representatives  to  the  general  assembly  thereof, 
shall',  at  the  time  of  electing  their  represenUtives  to  the  said  general 
assembly,  also  elect  one  delegate  from  the  said  territory  to  the  Congress 
of  the  United  States;  and  the  delegate  so  elected,  shall  possess  the  same 
powers,  shall  have  the  same  privileges  and  compensation  for  his  attend- 


TWELFTH  CONGRESS.    Sias.  I.  Ch.  95.    1812. 


747 


ance  in  Congress,  and  for  going  to  and  returning  from  the  same,  as 
heretofore  have  been  granted  to  and  provided  for  a  delegate  from  any 
territory  of  the  United  States. 

Sec.  14.  And  be  it  Jurther  enacted,  That  the  people  of  the  said  ter- 
ritory shall  always  be  entitled  to  a  proportionate  representation  in  the 
general  assembly;  to  judicial  proceedings  according  to  the  common 
law  and  the  laws  and  usages  in  force  in  the  said  territory ;  to  the  benefit 
of  the  writ  of  habeas  corpus.  In  all  criminal  cases  the  trial  shall  be  by 
jury  of  good  and  lawful  men  of  the  vicinage.  All  persons  shall  be  baila- 
ble unless  for  capital  oifences  where  the  proof  shall  be  evident  or  the 
presumption  great.  All  fines  shall  be  moderate,  and  no  cruel  or  un- 
usual punishment  shall  be  inflicted.  No  man  shall  be  deprived  of  his 
life,  liberty  or  property,  but  by  the  judgment  of  his  peers  and  the  law  of 
the  land.  If  the  public  exigencies  make  it  necessary  for  the  common 
preservation  to  take  the  property  of  any  person,  or  to  demand  his  parti- 
cular services,  full  compensation  shall  be  made  for  the  same.  No  ex 
post  facto  law  or  law  impairing  the  obligation  of  contracts  shall  be 
made.  No  law  shall  be  made  which  shall  lay  any  person  under  restraint, 
burthen  or  disability,  on  account  of  his  religious  opinions,  professions 
or  mode  of  worship,  in  all  which  he  shall  be  free  to  maintain  his  own, 
and  not  burthened  for  those  of  another.  Religion,  morality  and  know- 
ledge being  necessary  to  good  government  and  the  happiness  of  man- 
kind, schools  and  the  means  of  education  shall  be  encouraged  and 
provided  for  from  the  public  lands  of  the  United  States  in  the  said  terri- 
tory, in  such  manner  as  Congress  may  deem  expedient 

Sec.  15.  And  be  it  further  enacted^  That  the  general  assembly  shall 
never  interfere  with  the  primary  disposid  of  the  soil  by  the  United  States 
in  Congress  assembled,  nor  with  any  regulation  Congress  may  find  ne- 
cessary to  make  for  securing  the  title  in  the  bona  fide  purchasers :  no 
tax  shall  ever  be  imposed  on  lands  the  property  of  the  United  States. 
The  lands  of  non-resident  proprietors  shall  never  be  taxed  higher  than 
those  of  residents.  The  Mississippi  and  Missouri  rivers,  and  the  navi- 
gable waters  flowing  into  them,  and  the  carrying  places  between  the 
same,  shall  be  common  highways  and  forever  free  to  the  people  of  the 
said  territory  and  to  the  citizens  of  the  United  States,  without  any  tax, 
duty  or  irftpost  therefor. 

Sec.  16.  And  be  it  further  enacted.  That  the  laws  and  regulations  in 
force  in  the  territory  of  Louisiana,  at  the  commencement  of  this  act,  and 
not  inconsistent  with  the  provisions  thereof,  shall  continue  in  force  until 
altered,  modified  or  repealed  by  the  general  assembly.  And  it  is  hereby 
declared  that  this  act  shall  not  be  construed  to  vacate  the  commission  of 
any  oflicer  in  the  said  territory,  acting  under  the  authority  of  the  United 
States,  but  that  every  such  commission  shall  be  and  continue  in  full 
force  as  if  this  act  had  not  been  made.  And  so  much  of  an  act,  enti- 
tuled  *<  An  act  further  providing  for  the  government  of  the  territory  of 
Louisiana,"  approved  on  the  third  day  of  March,  one  thousand  ei^ht 
hundred  and  five,  and  so  much  of  an  act,  entituled  "An  act  for  erecting 
Louisiana  into  two  territories  and  providing  for  the  temporary  govern- 
ment thereof/'  approved  the  twenty-sixth  of  March,  one  thousand  eight 
hundred  and  four,  as  is  repugnant  to  this  act,  shall  from  and  afler  the 
first  Monday  in  December  next  be  repealed.  On  which  first  Monday  in 
December  next  this  act  shall  commence  and  have  full  force :  Prorided, 
so  much  of  it  as  requires  the  governor  of  said  territory  to  perform  cer- 
tain duties  previous  to  the  said  first  Monday  of  December  next  shall  be 
in  force  from  the  passage  thereof. 

Approved,  June  4, 1812. 


HiipriTilegM 
udpaj. 

Rights  wcnrad 
to  the  people. 


Edncatioiu 

Limitation  of 
the  powers  of 
the  general  ai- 
semblj. 


Mississippi  and 
Missouri  rivers, 
&c.  to  be  free. 


Laws  to  con- 
tinue in  forces 
Iec. 

This  act  not 
to  vacate  com- 
missions. 


Repugnant 
provisions  ofaet 
of  March  3, 
1806,  ch.  31, 
and  of  act  of 
March  26,1804, 
ch.  88,  repeal- 
ed. 

This  act  to 
commence  first 
Monday  of  De- 
eember,  181S. 


748 


TWELFTH  CONGRESS.    Sebs.  I.  Ch.  07. 96, 99.    1813. 


Statutb  !• 
June  10, 18i2. 

[OlMolete.] 
Time  of  em- 
bvgo  not  to  be 
eompoted  as 
put  of  the  time 
daring  which 
goods  may  be 
exported. 

Act  of  April 
4, 1812,  ch.  49. 


Statute  L 
Jane  10, 1813. 

Act  of  Feb«  3, 
1809,  ch.  13. 


Chap.  XCVU.-^n  Jid  to  extend  the  time . 
ftooA,  goodie  waree  and  \ 


^ar  expoiiing^t  with  privilege  <f  draw 
entitled  thereto  by  law* 


Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled^  That  the  time  during  which 
the  act  entituled  **  An  act  laying  an  embargo  on  all  ships  and  vessels  in 
the  ports  and  harbors  of  the  United  States  for  a  limited  time,"  shall  con- 
tinue in  force,  shall  not  be  computed  as  making  part  of  the  term  of 
tweWe  calendar  months,  during  which  goods,  wares  or  merchandise  im- 
ported into  the  United  States,  must  be  re-exported  in  order  to  be  enti- 
tled to  a  drawback  of  the  duties  paid  on  the  importation  thereof. 

Approved,  June  10, 1812. 


Ezecation  to 


Chap.  XCVIII.— ^n  Ad  eupplemenial  to  an  ad  entituled  **Jtn  ad  for  dividing 
the  Indiana  territory  into  two  wparate  gooemmenta*^^ 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  it  shall  and  may  be  lawful 
for  any  person  or  persons  in  whose  favour  there  now  are  or  hereafter 
may  be  rendered,  any  final  judgment  or  judgments,  decree  or  decrees,  ia 
the  general  court  or  court  of  chancery  of  the  territory  aforesaid  upon  any 
suit  or  suits,  pleas,  process  or  proceedings  which  were  pending  in  the 
said  courts  on  the  first  day  of  Kf  arch  one  thousand  eight  hundred  and 
nine,  to  sue  out  of  the  office  of  the  clerk  of  the  general  court  or  court 
of  chancery  aforesaid,  without  delay,  any  writ  or  writs  of  execution,  upon 
the  judgments  or  decrees  aforesaid,  and  to  cause  the  said  judgments  or 
decrees  to  be  fully  executed  by  the  same  officers,  and  in  the  same  man- 
ner as  if  the  Indiana  territory  had  remained  undivided. 

Approved,  June  10,  1812. 


Statute  I. 
Jane  13, 1813. 


Chap.  XClX.^~Jin  Ad  making  further 
in  the  territory 


for  settling  the  chime  to  ktrid 
'  ift!no«rt.(a) 


Be  it  enacted  by  the  Senate  and  House  ofRwreseniaiives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  rights,  titles  and 

(tf)  Land  titles  in  MlMonri  :— 

The  itate  of  Missouri  was  formeriy  part  of  the  territory,  first  of  France,  neit  of  Spain,  then  of  France, 
who  ceded  it  to  the  United  States  by  the  treaty  of  1803,  in  full  propriety,  sovereiffnty  and  dominion,  as 
she  had  acquired  and  held  it;  bjr  which  this  government  put  itself  in  place  of  the  lormer  sovereigns,  and 
became  invested  with  all  their  rights,  subject  to  Uieir  concomitant  obligations  to  the  inhabitants.  Both 
were  regulated  by  the  law  of  nations,  according  to  which  the  rishu  of  property  are  protected,  even  in  the 
case  of  a  conquered  country,  and  held  sacred  and  inviolable  when  it  is  ceded  by  treaty,  with  or  witboot 
any  stipulation  to  such  effect ;  and  the  laws,  whether  in  wriiinff,  or  evidenced  by  the  usage  and  customs 
of  the  conquered  or  ceded  country,  continue  in  force,  until  altered  by  the  new  sovereign.  Strotber  v. 
Lacas,  12  Peters,  410. 

No  principle  can  be  better  established  bv  the  authority  of  the  supreme  coart,  than  "that  the  acta  of  aa 
officer,  to  whom  a  public  duty  is  assigned  bv  his  king,  within  the  sphere  of  that  duty,  are  prima  tkeie 
taken  to  be  within  his  power."  The  principles  on  which  it  rests,  are  believed  to  be  too  deeply  founded 
in  law  and  reason,  ever  to  be  successfully  assailed.  He  who  would  controvert  a  grant  eiecuted  by  the 
lawful  authority,  with  all  the  solemnities  required  by  law,  takes  on  himself  the  burthen  of  showing  that 
the  officer  has  transcended  the  powers  conferred  upon  him :  or  that  the  transaction  is  tainted  with  ihiud. 
Ibid. 

Where  the  act  of  an  officer  to  pass  the  title  to  land  according  to  the  Spanish  law,  is  done  contrary  to 
the  written  order  of  the  king,  produced  at  the  trial,  without  any  eiplanation,  it  shall  be  presumed  that 
the  power  has  not  been  exceeded  :  that  the  act  was  done  on  the  motive  set  out  therein ;  and  accordiiig 
to  some  order  known  to  the  king  and  his  officers,  though  not  to  his  subjects :  and  courts  ought  to  require 
very  full  proof,  that  he  had  transcended  his  powers,  before  they  so  determine  it.    Ibid. 

In  favour  of  long  possession  and  ancient  appropriation,  every  thing  which  was  done  shall  be  piesamed 
to  have  l>een  rightfully  done ;  and  though  it  does  not  appear  to  have  been  done,  the  law  will  preamn* 
that  whatever  was  necessary  has  been  done.    Ibid. 

The  stipulations  of  the  treaty  ceding  Louisiana  to  the  United  States,  affovdinc  thai  protection  or  eeea- 
rity  to  claims  under  the  French  or  Spanish  government  to  which  the  act  of  (ingress  reiiurs,  are  in  tli« 
first,  second  and  third  articlea.  They  extended  to  all  property  until  Louisiana  became  a  member  of  tli« 
Union ;  into  which  the  inhabitants  wero  to  be  ineorporatedf  as  soon  as  possible,  "and  admitted  to  all  the 


TWELFTH  CONGRESS.    Sbss.  I.  Ch.  09.    1813.  740 

claimB,  to  town  or  village  lots,  out  lots,  common  field  lots  and  commons,  Righn  to  eer- 

in,  adjoining  and  belonging  to  the  several  towns  or  villages  of  Portage  fain  ioti  adjoin. 

des  Sioax,  St.  Charles,  St.  Louis,  St  Ferdinand,  Villajo  a  Robert,  '^i^^J^^ 

Carondelet,  St.  Genevieve,  New  Madrid,  New  Bourbon,  Little  Prairie  ed. 
and  Arkansas,  in  the  territory  of  Missouri,  which  lots  have  been  inha^ 

rights,  adTtntages  and  immunitiea  of  citixens  of  the  United  States."  The  perfect  inviolability  and  secu- 
rity or  propertY  is  among  these  rights.    Delassns  v.  The  United  States,  9  Peters,  117. 

The  right  or  property  is  protected  and  secured  by  the  treaty,  and  no  principle  is  better  settled  in  this 
country,  than  that  an  inchoate  title  to  lands  is  property.  This  right  would  have  been  sacred,  independent 
of  the  treaty.  The  sovereign  who  acquires  an  inhabited  country,  acquires  full  dominion  over  it ;  but  this 
dominion  is  never  supposed  to  divest  the  vested  rights  of  individuals  to  property.  The  language  of  the 
treaty  ceding  Louisiana,  excludes  any  idea  of  interfering  with  private  property.    Xhid. 

On  the  IStb  of  April,  1803,  the  lieutenant-govemorof  Upper  Louisiana  granted  sixteen  hundred  arpenta 
of  land  near  ceruin  rivers  named  in  the  grant,  vriih  direcUons  to  survey  the  same  in  a  vacant  place  of  the 
royal  domain ;  but  no  survey  was  made  before  the  cession  of  Louisiana  to  the  United  States.  By  the 
Court—As  the  grant  contained  no  description  of  the  land  granted,  and  was  not  located  within  the  time 
prescribed  by  ^e  act  of  Coogresrof  the  lOth  of  March,  1804,  it  comes  directly  within  the  point  decided 
oy  the  supreme  court  in  the  case  of  John  Smith,  T.,  and  cannot  be  confirmed.  Wherry  v.  The  United 
States,  10  Peters,  338. 

In  repeated  decisions,  the  supreme  court  have  affirmed  the  authority  of  local  governors,  under  the 
crown  of  Spain,  to  grant  land  in  Louisiana,  before  the  same  vras  ceded  by  Spain  to  France :  and  the 
court  have  also  affirmed  the  validity  of  descriptive  grants,  though  not  surveyed  before  the  1 1th  of  March, 
1804,  in  Missouri,  and  the  24th  of  January,  1818,  m  Florida.  Mackey  o.  The  United  States,  10  Peters, 
340. 

A  grant  or  concession  made  by  an  officer  who  is  by  law  authorised  to  make  it,  carries  vrith  it  prima 
facie  evidence  that  it  is  within  his  powers.  No  excess  of  them,  or  departure  from  them,  is  to  be  pre- 
sumed. He  violates  his  duty  by  such  excess,  and  is  responsible  for  it.  He  who  alleges  that  an  omcer 
entrusted  with  an  important  duty  has  violated  his  instructions,  must  show  it.  Delassus  r.  The  United 
States,  9  Peters,  117. 

The  instructions  of  governor  0*Reilly,  relative  to  granting  lands  in  Louisiana,  were  considered  by  the 
court,  in  8  Peters,  465.  These  regulations  were  intended  for  the  general  eovemment  of  subordinate 
officers,  and  not  to  control  and  limit  the  power  of  the  person  from  whose  will  they  emanated.  The  Baron 
De  Carondelet  must  be  supposed  to  have  bad  all  the  powers  which  had  been  vested  in  Don  CReilly ;  and 
a  concession  ordered  by  him  is  as  valid  as  a  similar  concession  directed  by  governor  O'Reilly  would  have 
been.    Ibid. 

A  concession  of  land  was  made  by  the  lieutenant-governor  of  Upper  Louisiana,  at  the  time  when  the 
power  of  granting  lands  was  vested  in  the  governors  of  provinces.  This  power  was,  in  1799,  afler  the 
concession,  transferred  to  the  intendant-general ;  and  after  this  trsnsfer,  in  January,  1800,  the  order  of 
survey  of  the  land  was  made  by  the  lieutensnt-govemor.  The  validity  of  the  order  of  survey  depends 
on  the  authority  of  the  lieutenant-governor  to  make  it.  The  lieutenant-governor  was  also  a  sub-delegate, 
and  as  such  was  empowered  to  make  inchoate  grants.  The  grant  vras  confirmed.  Chouteau*s  heirs  v. 
The  United  States,  9  Peters,  137. 

The  transfer  of  the  power  to  make  concessions  of  lands  belonging  to  the  royal  domain  of  Spain,  from 
the  governor-general  to  the  intendant.general,  did  not  afiect  the  power  of  the  sub-delegate,  who  made 
this  concession.  The  order  in  this  case  is  the  foundation  of  title,  and  is,  according  to  the  act  of  Con- 
gress on  the  subject  of  confirming  titles  to  lands  in  Missouri,  &c.,  and  the  general  understanding  and 
usage  of  Louisiana  and  Missouri,  capable  of  being  perfected  into  a  complete  title.  It  is  property,  capa- 
ble  of  being  alienated,  of  being  subjected  to  debts :  and  is,  as  such,  to  be  held  as  sacred  and  inviolate  as 
other  property.    Ibid. 

A  concession  of  one  league  square  of  land,  in  Upper  Louisians,  was  made  by  Don  Zenon  Trudeau,  the 
lieutenant-governor  of  that  province,  to  Auguste  Coouteau,  and  a  decree  made  by  him  directing  the  sur- 
veyor-general of  the  province  to  put  him  in  possession  of  the  land,  and  to  survey  the  same,  in  order  to 
enable  Chouteau  to  solicit  a  complete  title  thereto  from  the  governor-general,  who  by  the  said  decree 
was  informed  that  the  circumstances  of  Chouteau  were  such  as  entitled  him  to  a  grant  of  the  land.  The  land 
was  surveyed,  and  the  grantee  put  in  full  possession  of  it  on  the  20th  of  December,  1803.  He  retained  pos- 
session of  it  until  his  death.  The  objection  to  the  validity  of  the  concession  was,  that  the  petitioner  hod  not 
as  many  tame  cattle  as  the  eighth  regulation  of  governor  O'Reilly,  governor-general  of  Louisiana,  required. 
That  regulation  required  that  the  applicant  for  a  grant  of  a  lesffue  square  of  land  should  make  it  appear 
that  he  is  possessed  of  one  hundred  head  of  tame  cattle,  some  norses  and  sheep,  and  two  slaves  to  look 
after  them,  a  proportion  which  shall  always  be  observed  for  the  granU,  kc.  By  the  Court— « In  the  spirit 
of  the  decisions  which  have  been  heretofore  made  by  the  supreme  court,  and  of  the  acts  of  confirmation 
passed  by  Congress,  the  fact  that  the  applicant  possessed  the  requisite  amount  of  property  to  entitle  him 
to  the  land  he  solicited,  was  submitted  to  the  officer  who  decided  on  the  application ;  and  he  is  not  bound 
to  prove  it  to  the  court,  which  passes  on  the  validity  of  the  grant.  These  incomplete  titles  were  trans- 
ferable, and  the  assignee  might  not  possess  the  meank  of  proving  the  exact  number  of  cattle  in  possession 
of  the  petitioner  when  the  concession  was  made.*'    The  grant  was  confirmed.    Ibid.  147. 

If  the  court  can  trust  the  information  received  on  this  subject,  neither  the  governor  nor  the  intendsnt- 
general  has  ever  refused  to  perfect  an  incomplete  title  granted  by  a  deputy  governor  or  a  sub-delegate. 

The  regulation  made  by  Don  O'Reilly,  as  to  the  quantity  of  land  to  be  granted  to  an  individual,  is  not 
that  no  individusl  shall  receive  grants  for  more  than  one  leaffue  square,  but  that  no  grant  shall  exceed  a 
league  square.  The  words  of  the  regulation  do  not  forbid  different  granU  to  the  same  person  ;  and,  so 
lar  as  tlie  court  are  informed,  it  has  never  been  so  construed.    Ibid. 

The  act  of  Congress  passed  13th  June,  1812,  confirming  the  titles  and  clsims  of  certain  towns  and  vil* 
lages  to  village  lots  and  commons,  gave  a  title  which  is  paramount  to  a  title  held  under  an  old  Spanish 
concession  confirmed  by  Congress  in  1836.    Chouteau  v.  £ckhart,  S  Howard,  844. 

3r2 


7ai 


TWELFTH  CONGRESS.    Sbss.  I.  Ch.  90.    181& 


Bnt  not  to  af. 
feet  righu  of 
othen^  confinn- 
ed. 

Depntj  rar- 
▼eyor  to  mark 
boundary  lines, 
fcc. 


And  make  ont 
platf. 


Expenie  not 
toeiceed  three 
dollars  per  mile. 

Lota  to  be  re- 
•er^ed  for  sup- 
port of  schoola. 


Proviso. 


Claims  to  do- 
nation lands, 
under  certain 
circumsunces, 
confirmed. 


Subject  to  cer. 
tain  limitations. 


Other  claims 
to  be  confirm- 
ed. 


Recorder    to 
make  extract  of 
claims  from 
books. 

To  transmit  i 
copy  to  general 
lana-ofBce,  and 
furnish  deputy 
iurvevor  with 
dascnptioBSy 


bited,  cultivated,  or  possessed,  prior  to  the  twentieth  day  of  December, 
one  thousand  eight  hundred  and  three,  shall  be  and  the  same  are  herebj 
confirmed  to  the  inhabitants  of  the  respective  towns  or  villages  aforesaid, 
according  to  their  several  right  or  rights  in  common  thereto :  Prqmded^ 
that  nothing  herein  contained  shall  be  construed  to  affect  the  rights  of 
any  persons  claiming  the  same  lands,  or  any  part  thereof,  whose  claims 
have  been  confirm^  by  the  board  of  commissioners  for  adjusting  and 
settling  claims  to  land  in  the  said  territory.  And  it  shall  be  the  duty  of 
the  principal  deputy  surveyor  for  the  said  territory  as  soon  as  may  be,  to 
survey,  or  cause  to  be  surveyed  and  marked,  (where  the  same  has  not 
already  been  done,  according  to  law^  the  out  boundary  lines  of  the  said 
several  towns  or  villages  so  as  to  include  the  out  lots,  common  field  lota 
and  commons,  thereto  respectively  belonging.  And  he  shall  make  out 
plats  of  the  surveys,  which  he  shall  transmit  to  the  surveyor  general,  who 
shall  forward  copies  of  the  said  plats  to  the  commissioner  of  the  general 
land-office,  and  to  the  recorder  of  land  titles ;  the  expense  of  surveying 
the  said  out  boundary  lines  shall  be  paid  by  the  United  States  out  of 
any  moneys  appropriated  for  surveying  the  public  lands :  Provided,  that 
the  whole  expense  shall  not  exceed  three  dollars  for  every  mile  that  shall 
be  actually  surveyed  and  marked. 

Sec.  2.  And  be  it  fiurther  enacted.  That  all  town  or  village  lots,  out 
lots,  or  common  field  lots,  included  in  such  surveys,  which  are  not 
rightfully  owned  or  claimed  by  any  private  individuals,  or  held  as  com- 
mons belonging  to  such  towns  or  villages,  or  that  the  President  of  the 
United  States  may  not  think  proper  to  reserve  for  military  purposes, 
shall  be,  and  the  same  are  hereby  reserved  for  the  support  of  schools  in 
the  respective  towns  or  villages  aforesaid:  Provided,  that  the  whole 
quantity  of  land  contained  in  the  lots  reserved  for  the  support  of  schools 
in  any  one  town  or  village,  shall  not  exceed  one  twentieth  part  of  the 
whole  lands  included  in  the  general  survey  of  such  tpwn  or  village. 

Sec.  3.  And  he  it  fiirther  enacted,  That  every  claim  to  a  donation 
of  lands  in  the  said  territory,  in  virtue  of  settlement  and  cultivation, 
which  is  embraced  by  the  report  of  the  commissioners,  transmitted  to 
the  Secretary  of  the  Treasury,  and  which  by  the  said  report,  shall  ap- 
pear not  to  have  been  confirmed,  merely  because  permission,  by  the  pro- 
per Spanish  officer,  to  settle,  has  not  been  duly  proven ;  or  because  the 
tract  claimed,  although  inhabited,  was  not  cultivated  on  the  twentieth 
of  December,  one  thousand  eight  hundred  and  three,  or  not  to  have  been 
confirmed  on  account  of  both  said  causes ;  the  same  shall  be  confirmed, 
in  case  it  shall  appear  that  the  tract  so  claimed  was  inhabited  by  the 
claimant  or  some  one  for  his  use  prior  to  the  twentieth  day  of  Decern- 
her,  one  thousand  eight  hundred  and  three  as  aforesaid,  and  cuhivated 
in  eight  months  thereafter,  subject,  however,  to  every  other  limitation 
and  restriction  prescribed  by  former  laws  in  respect  to  such  claims ;  and 
in  all  cases  where  it  shall  appear  by  the  said  report  or  other  records  of 
the  board  that  claims  to  land  have  not  been  confirmed  merely  on  the 
ground  that  the  claim  was  for  a  greater  quantity  than  eight  hundred 
arpens,  French  measure,  every  such  claim  to  the  extent  of  eight  hun- 
dred arpens,  shall  be  confirmed. 

Sec.  4.  And  he  it  further  enacted.  That  the  recorder  of  land  titles 
for  the  said  territory  shall,  without  delay,  make  an  extract  from  the 
books  of  the  said  board  of  commissioners  of  all  the  claims  to  land  which 
are,  by  the  preceding  section,  directed  to  be  confirmed,  a  copy  of  which 
he  shdl  transmit  to  the  commissioner  of  the  general  land-office ;  and  he 
shall  furnish  the  principal  deputy  surveyor  with  a  proper  description  of 
the  tracts  so  to  be  confirmed,  wherein  the  quantity,  locality,  boundaries 
and  connexion,  when  practicable  with  each  other,  and  those  tracts  that 
have  been  confirmed  by  the  board  of  commissioners  shall  be  stated. 
And  whenever  plats  of  the  surveys  as  herein  after  directed,  shall  have 


TWELFTH  CONGRESS.    Sbss.  I.  Ch.  99.    1812. 


751 


been  returned  to  the  said  recorder's  office,  it  shall  be  his  dutj  to  issue 
for  each  tract  to  be  confirmed,  as  aforesaid,  to  the  person  entitled 
thereto,  a  certificate  in  favour  of  the  party,  which  shall  be  transmitted 
to  the  commissioner  of  the  general  land-office ;  and  if  it  shall  appear  to 
the  satisfaction  of  the  said  commissioner  that  such  certificate  has  been 
fairly  obtained,  according  to  the  true  intent  and  meaning  of  this  act, 
then,  in  that  case,  patents  shall  be  granted  in  like  manner  as  is  provided 
by  law  for  the  other  lands  of  the  United  Slates. 

Sec.  5.  And  be  it  further  enacted.  That  the  principal  deputy  surveyor 
shall  survey,  or  cause  to  be  surveyed,  under  the  direction  of  the  surveyor 
general,  so  much  of  the  lands  in  the  said  territory,  to  which  the  Indian 
title  has  been  extinguished,  as  the  President  of  the  United  States  may 
direct,  into  townships  of  six  miles  square,  by  lines  running  due  north 
and  south,  and  others  crossing  these  at  right  angles ;  and  also  the  lands, 
the  claims  to  which  are  directed  to  be  confirmed,  by  the  third  section 
of  this  act ;  and  the  lands,  the  claims  to  which  have  been  confirmed  by 
the  board  of  commissioners,  where  the  same  has  not  already  been  sur- 
veyed under  the  authority  of  the  United  States.  And  the  said  principal 
deputy  surveyor  shall  make  out  a  general  and  connected  plat  of  all  the 
surveys  directed  by  this  act  to  be  made,  or  which  have  already  been 
made  under  the  authority  of  the  United  States,  which  he  shall  transmit 
to  the  surveyor  general,  who  shall  transmit  copies  of  the  said  plat  or 
plats  to  the  recorder  of  land  titles  and  the  commissioner  of  the  general 
land-office.  The  expense  of  surveying  shall  be  paid  by  the  United 
States :  Provided,  the  same  shall  not  in  the  whole  exceed  three  dollars 
a  mile  for  every  mile  that  shall  be  actually  surveyed  and  marked. 

Sec.  6.  And  be  it  further  enacted.  That  in  all  cases  where  by  reason 
of  the  indefinite  description  of  the  local  situation  and  boundaries  of  any 
tract,  the  claim  to  which  has  been  confirmed  by  the  commissioners,  the 
same  cannot  be  ascertained  by  the  principal  deputy  surveyor,  it  shall  be 
the  duty  of  the  recorder  of  land  titles,  on  the  application  of  the  said 
principal  deputy,  to  furnish  such  precise  description  thereof,  as  can  be 
obtained  from  the  records  in  his  office,  and  the  books  of  the  said  board 
of  commissioners ;  and  for  the  purpose  of  the  more  correctly  ascertain- 
ing the  locality  and  boundaries  of  any  such  tracts,  the  said  principal 
deputy,  shall  have  free  access  at  all  seasonable  hours  to  the  books  and 
papers  in  the  recorder's  office,  relating  to  land  claims,  and  be  permitted 
to  take  copies  or  such  extracts  therefrom,  or  any  of  them,  as  he  may 
think  proper  and  necessary  for  the  discharge  of  his  duty  in  executing 
such  surveys.  And  the  said  recorder  shall  be  allowed  twenty-five  cents 
for  the  description  of  each  tract  which  he  shall  furnish  to  the  principal 
deputy  surveyor  as  aforesaid. 

Sec.  7.  And  be  it  further  enacted.  That  every  person  or  persons 
claiming  lands  in  the  territory  of  Missouri,  who  are  actual  settlers  on 
the  lands  which  they  claim,  and  whose  claims  have  not  been  heretofore 
filed  with  the  recorder  of  land  titles  for  the  said  territory,  shall  be  allowed 
until  the  first  day  of  December'  next,  to  deliver  notices  in  writing,  and 
the  written  evidences  of  their  claims  to  the  said  recorder;  and  the 
notices  and  evidences  so  delivered  within  the  time  limited  by  this  act, 
shall  be  recorded  in  the  same  manner,  and  on  payment  of  the  same  fees 
as  if  the  same  had  been  delivered  before  the  first  day  of  July,  one  thou- 
sand eight  hundred  and  eight ;  but  the  rights  of  such  persons  as  shall 
neglect  so  doing  within  the  time  limited  by  this  act,  shall,  so  far  as  they 
are  derived  from,  or  founded  on  any  act  of  Congress,  ever  after  be 
barred  and  become  void,  and  the  evidences  of  their  claims  never  after 
admitted  as  evidence  in  any  court  of  the  United  States,  against  any 
grant  derived  from  the  United  States. 

Sec.  8.  And  be  ii  further  enacted.  Thai  the  said  recorder  of  land 
titles,  shall  have  the  same  powers,  and  perform  the  same  duties  in  rela- 


KMorddr  to 
inue  ceitifi- 
catM. 


Patent!  to  ba 
granted. 

Depaty  anr- 
▼eyor  to  anr- 
▼ey. 


Townthipo  to 
be  ]aid  off. 


P]at  to  ba 


Expenee  not 
to  eiceed  three 
doUan  per  mile. 


Recorder  to 
fnmiah  deeerip« 
ttona. 


AccoM  to  be 
allowed  to 
books  and   pa- 

Sen   in   recor- 
er's  office. 
Reeorder*e 
fee. 


Aetnal  lettlera 
allowed  till  first 
December, 
181S,  to  fumiah 
evidence  of 
claims,  ke. 


Act  of  BCareh 
3, 1813,  ch.  44. 

Barred  forever 
after. 

Power  and 
doty  of  r 
der. 


762 


TWELFTH  CONGRESS.    Sbss.  I.  Gh.  100, 101.    1812. 


dditional 
fee  to  th«  re. 
colder. 


Farther  allow, 
ance. 


Statute  I. 
June  17, 1812. 


President  aa- 
thorized  to  remit 
rorfeitarefly  5tc. 
in  the  District 
of  Columbia. 


Statute  I. 


tion  to  the  claims  thas  filed  before  the  first  day  of  December  next,  and 
the  claims  which  have  been  heretofore  filed,  but  not  decided  on  by  the 
commissioners,  as  the  board  of  commissioners  had  by  former  laws 
respecting  claims  filed  prior  to  the  first  day  of  July,  one  thousand  eight 
hundred  and  eight,  except  that  all  of  his  decisions  shall  be  subject  to  the 
revision  of  Congress.  And  it  shall  be  the  duty  of  the  said  recorder  to 
make  to  the  commissioner  of  the  general  land-office  a  report  of  all  the 
claims  which  shall  be  thus  filed  before  the  first  day  of  December  next, 
and  of  the  claims  which  have  been  already  filed  but  not  decided  on  bj 
the  said  commissioners;  together  with  the  substance  of  the  evidence  in 
support  thereof,  with  his  opinion  and  such  remarks  as  he  may  think 
proper,  which  report  together  with  a  list  of  the  claims  which,  in  the 
opinion  of  the  said  recorder,  ought  to  be  confirmed,  shall  be  laid  by  the 
commissioner  of  the  general  land-office  before  Congress,  at  their  next 
session,  for  their  determination  thereon.  The  said  recorder  in  addition 
to  his  salary  as  fixed  by  law,  shall  be  allowed  fifty  cents  for  each  claim 
which  has  been  filed,  but  not  decided  on  by  the  commissioners;  or 
which  shall  be  filed  according  to  this  act,  and  on  which  he  shall  make 
a  decision,  whether  such  decision  be  in  favour  of,  or  against  the  claim, 
and  a  further  allowance  of  five  hundred  dollars,  which  shall  be  paid  after 
he  shall  have  made  his  report  to  the  commissioner  of  the  general  land- 
office  ;  which  allowance  of  fifty  cents  for  each  claim  decided  on,  and 
five  hundred  dollars  on  the  completion  of  the  business,  shall  be  in  full 
compensation  for  his  services,  including  clerk  hire,  respecting  the  claims 
to  be  decided  on  according  to  this  act. 
Approved,  June  13, 1612. 


Chap,  C.<-<^n  Jtel  atUhorizing  the  rtmisaion  cffoifeiied  reeognizanceM  toiikin 
the  DMriei  of  Columina. 

Be  it  enacted  by  ike  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  the  President  of  the 
United  States  shall  have  the  power  to  grant  remissions  of  the  forfeitures 
of  all  recognizances  acknowledged  and  taken  or  to  be  acknowledged 
and  taken,  Defore  any  court,  judge,  justice  of  the  peace,  or  other  magis- 
trate within  the  District  of  Columbia,  either  in  the  course  of  any  criminal 
prosecution,  or  for  surety  of  the  peace. 

Approved,  June  17,  1812. 


Jane  17, 1813. 


Common  coun- 
cil of  Alexan. 
dria  empowered 
to  appoint 
agent!  to  lay  ont 
and  loperintend 
catting  of  canal, 
fcc. 


May  levy  a 
tai. 


Chap.  Cl.^-wtfn  ^et  authorizing  the  cutting  and  making  a  Canal  from  fhe  river 
Potomac  around  the  wett  end  qf  the  dam  or  causeway  from  MaatnCt  I^andj  and 
for  other  purpoaa. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled^  That  the  common  council  of 
Alexandria  shall  have  power  to  appoint  one  or  more  agents  to  lay  out 
and  superintend  the  cutting  and  making  a  canal  from  the  river  Potomac 
around  the  west  end  of  the  dam  or  causeway  from  Mason's  island  to  the 
western  shore  of  the  said  river,  into  that  arm  of  said  river  which  passes 
around  the  western  side  of  said  island,  in  the  manner  and  under  the 
restrictions  herein  after  directed;  and  from  the  river  Potomac  along  the 
west  side  of  Alexander's  peninsula  into  said  river,  below  the  lower  end 
of  said  peninsula,  and  through  any  other  points  of  land  between  Mason's 
island  and  Alexandria,  which  may  improve  the  boat  navigation  of  said 
river ;  and  also  that  the  said  common  council  of  Alexandria  have  power 
to  levy  a  tax  upon  the  real  property  of  the  said  town,  and  upon  the  per- 
sonal property  and  the  occupations  of  the  citizens  thereof,  for  the  purpose 
of  defraying  the  expense  of  cutting  and  making  said  canals,  and  lAei^ 


TWELFTH  CONGRESS.    Bms.  LCh.  101.  ISlft 


Tin 


wards  for  continuing  the  same  in  good  repair ;  and  for  constructing  and 
keeping  in  repair,  and  attending  at  ail  times  during  high  water  the  guard 
gates  or  lock,  herein  hdef  directed  to  be  constrgcted  in  the  canal  autho- 
rized to  be  cut  as  aforesaid  around  the  west  end  of  the  causeway  from 
Mason's  island,  and  of  erecting  the  bridges  herein  afler  mentioned,  and 
for  keepiug  the  same  in  repair. 

Sec.  2.  And  be  it  Jurther  enacted^  That  it  shall  and  may  be  lawful 
for  the  said  agent  or  agents  or  a  majority  of  them  to  agree  with  the 
owners  of  any  land  through  which  either  of  the  said  canals  is  intended 
to  pass,  for*  the  purchase  thereof,  and  in  case  of  disagreement,  or  in  case 
the  owner  thereof  shall  be  a  feme  covert,  under  age,  non  compos,  or  out 
of  the  district,  on  application  to  one  of  the  judges  of  the  circuit  court 
of  the  District  of  Columbia,  the  said  judge  shall  issue  his  warrant 
directed  to  the  marshal  of  the  district,  to  summon  and  empannel  twelve 
able  and  discreet  freeholders  of  the  vicinage,  noways  related  to  either 
party,  to  meet  on  some  certain  place  on  the  ground  through  which  the 
said  canal  is  proposed  to  be  conducted,  and  on  a  certain  day  to  be 
expressed  in  the  warrant,  of  which  reasonable  notice  shall  be  given  by 
the  marshal  to  the  proprietors  or  tenants  of  said  ground;  and  the  marshd 
upon  receiving  the  said  warrant  shall  forthwith  summon  the  said  jury, 
and  when  met  shall  administer  an  oath  or  affirmation  to  every  juryman, 
that  he  will  faithfully,  justly,  and  impartially  value  the  land  not  exceed- 
ing  the  width  of  thirty  feet,  and  all  damages  the  owner  thereof  will  sus- 
tain by  cutting  the  canal  through  such  land,  according  to  the  best  of  his 
skill  and  judgment;  and  the  inquisition  thereupon  taken,  shall  be  signed 
by  the  marshal  and  the  jurymen  present,  and  returned  by  the  marshal  to 
the  clerk  of  the  court  of  the  county  of  Alexandria  to  be  by  him  recorded ; 
and  upon  every  such  valuation  the  jury  is  hereby  directed  to  describe 
and  ascertain  the  bounds  of  the  land  by  them  valued,  and  their  valuation 
shall  be  conclusive  on  all  persons,  and  shall  be  paid  by  the  agent  or 
agents  to  the  owner  of  the  land,  or  his  or  her  legal  representatives;  and 
on  payment  thereof,  said  canal  may  be  cut  and  made  through  said  lands, 
and  said  described  land  and  canal  shall  become  an  open  highway  for 
ever :  Provided^  they  nor  the  waters  of  the  said  canals  or  either  of  them 
shall  not  be  used  for  any  other  purpose  than  navigation,  but  by  the  con- 
sent of  the  owner  of  the  lands  through  which  said  canal  may  pass. 

See.  3.  And  be  it  Jurther  enacted.  That  the  canal  authorized  to  be 
cut  as  aforesaid  around  the  west  end  of  the  causeway,  and  not  nearer 
than  one  hundred  feet  to  the  land  end  of  the  lower  side  of  the  wharf, 
formerly  used  as  a  ferry  wharf,  from  Mason's  island,  shall  commence  at 
some  point  on  the  western  shore  of  the  Potomac  river,  above  a  high  rock 
Situated  about  thirty  yards  above  the  said  causeway,  thence  to  proceed, 
leaving  the  said  high  rock  between  said  canal  and  the  river,  and  passing 
at  a  distance  of  at  least  twenty  feet  from  the  original  walls  of  said  cause- 
way, shall  enter  said  river  at  the  distance  of  at  least  twenty  and  not  ex- 
ceeding one  hundred  yards  below  said  causeway ;  that  said  canal  shall 
not  be  narrower  than  twelve  feet,  nor  wider  than  twenty  feet  at  the 
bottom,  and  shall  not  contain  less  than  two  feet,  nor  more  than  four  feet 
water  in  depth  at  common  low  tide,  and  shall  be  substantially  walled 
with  stone  on  both  sides  throughout ;  and  if  on  excavating  the  site  for 
the  said  canal  at  the  proper  depth,  it  does  not  prove  to  be  a  bottom  of 
solid  rock,  then  the  same  shall  be  securely  paved  at  bottom  with  heavy 
flat  stone,  well  laid,  for  the  whole  or  such  part  as  may  not  be  a  bottom 
of  natural  rock.  And  the  said  canal  shall  be  further  secured  by  wing 
walls  and  puddle  on  the  river  side  to  prevent  the  water  from  under- 
mining the  causeway  walls.  There  shall  also  be  erected  in  said  canal 
for  the  protection  of  said  causeway,  during  the  times  of  high  freshes, 
two  substantial  guard  gates,  as  high  as  the  parapet  wall  of  said  causes 
way,  one  at  least  twenty  feet  above  said  causeway,  and  the  other  at  a 

Vol.  XL— 06 


Agents  mty 
agree  wiUi  own- 
era  of  land. 

In  ctee  ofdis. 
agreement  a 
fudge  may  iaaae 
his  warrant  to 
the  marshal  to 
summon  a  Jory. 


Notice  to  ba 
given  to  propri- 
eton  or  tenants. 

Juror's  oath. 


In<^uisition  to 
be  signed  and 
returned  bj  the 
marshal. 


Valuation  to 
be  conclusive 
and  paid  to  the 
owner,  ftc. 

Land  and  ca<. 
nal  to   become 
an    open   high- 
Only  used  for 
nivigaUoB. 


ment  of  the 
canal. 


WidUi. 

Depth. 

To  be  walled. 


To  be  paved 
at  bottom. 

Wing   walls 
and  puddle. 


Guard  gttM 


754 


TWELFTH  CONGRESS.    Sess.  I.  Ch.  101.   1812. 


Lock. 


Freihef. 


Alwaya  to  be 
kept  ia  repair. 


Common  coaa- 

cU   of  Aleian- 

dria  liable,  &c. 

Dimages  to 

be  aaieased. 


Stone  bridge. 

Good  bridges 
to  be  erected 
over  highv^ays 
cat  by  the  canal. 

Limitation  of 
time. 


Common  coun- 
cil to  supply  va- 
cancies of 
agents. 


Boats  not  to 
pass  the  western 
end  of  the 
causeway  be- 
fore the  canal  is 
completed. 


President  to 
appoint   com- 
missioners   to 
inspect  the 
work. 


Commission- 
ers to  be  paid 
by  the  ( 
council. 


SDitable  distance  below  said  causeway,  which  gales  shall  be  connected 
by  walls  with  said  parapet  wall,  and  of  equal  height,  so  as  to  form  a 
complete  lock,  to  be  (irmly  secured  at  bottom,  and  with  the  usual  appa- 
ratus for  opening  and  shutting  the  same,  to  facilitate  the  passage  of 
boats;  and  it  shall  be  the  duty  of  the  said  common  council  of  Alexan- 
dria to  provide,  that  always  during  the  times  of  high  freshes  aforesaid^ 
a  careful  person  shalt  attend  said  gates  to  keep  them  shut,  at  which 
times  they  shall  never  be  opened  except  for  the  passage  of  boats,  and 
for  ever  to  keep  the  said  lock  and  the  said  canal,  in  all  its  walls,  wings, 
pavements,  gates,  and  other  parts  in  complete  repair ;  and  if  the  said 
causeway  should  at  any  time  be  injured  in  consequence  of  the  said  com- 
mon council  having  failed  to  take  the  precautionary  measures  aforesaid, 
and  to  keep  every  part  of  the  work  done  by  them  in  good  repair,  the  said 
common  council  shall  be  liable  to  the  corporation  of  Georgetown  for  nil 
damages  said  corporation  may  sustain  by  such  injury,  to  be  assessed  by 
a  jury  in  an  action  on  the  case,  to  be  brought  by  said  corporation  against 
said  common  Council,  and  it  shall  also  be  the  duty  of  the  said  common 
council  of  Alexandria  to  erect  over  said  canal, where  it  shall  cross  the 
turnpike  road  which  leads  from  said  causeway  to  Alexandria,  a  substan- 
tial stone  bridge,  at  least  twenty  feet  wide,  and  to  keep  the  same  always 
in  repair. 

Sec.  4.  And  be  it  further  enacted,  That  if  any  other  of  the  said  canals 
shall  be  cut  across  any  public  highway,  that  a  good  and  sufficient  bridge 
shall  in  such  place  be  made  over  the  canal  at  least  twenty  feet  wide,  and 
kept  in  constant  repair  by  the  said  common  council  of  Alexandria. 

Sec.  5.  And  he  it  Jurther  enacted,  That  the  aforesaid  canal  around 
the  west  end  of  the  causeway  aforesaid,  shall  be  commenced  within  two 
years,  and  shall  be  completed  in  the  manner  herein  before  provided, 
within  five  years  from  this  time,  otherwise  the  authority  herein  given  to 
cut  said  canal  shall  cease  and  determine. 

Sec.  6.  And  be  it  further  enacted.  That  in  case  of  the  death,  re- 
moval, or  refusal  to  act,  of  any  agent,  the  common  council  of  Alexan- 
dria shall  appoint  another,  and  shall,  from  time  to  time,  supply  vacancies 
that  may  occur,  and  that  in  all  cases  a  majority  of  the  agents  shall  be 
sufficient  to  act. 

Sec  7.  And  be  it  further  enacted.  That  it  shall  not  be  lawful  for  any 
boat  or  boats  to  pass  the  said  canal  around  the  western  end  of  the  said 
causeway,  until  the  commissioners,  or  a  majority  of  them  herein  after 
named,  shall  have  certified  under  their  hands,  that  according  to  the  best 
of  their  skill  and  judgments,  the  said  canal  is  located  and  cut,  and  the 
walls,  wings,  lock,  and  gates  are  erected  and  the  pavement  laid,  and  the 
whole  work  executed  and  completed,  in  every  respect  conformably  to  the 
directions,  true  intent  and  meaning  of  this  act;  and  until  the  certificate 
signed  as  aforesaid  shall  be  returned  and  filed  in  the  office  of  the  court 
of  the  county  of  Alexandria. 

Sec.  8.  And  be  it  further  enacted.  That  so  soon  as  the  common 
council  of  Alexandria  shall  notify  the  President  of  the  United  States, 
that  the  said  canal  round  the  western  end  of  the  causeway  aforesaid  is 
completed,  and  ready  for  the  view  and  inspection  of  the  commissioners, 
then  it  shall  and  may  be  lawful  for  the  President  of  the  United  States, 
and  he  is  hereby  required  to  appoint  without  delay  three  disinterested 
and  skilful  persons  as  commissioners,  to  go  upon,  view  and  inspect  the 
canal  and  premises  last  aforesaid,  and  thereupon,  if  in  their  judgments, 
and  not  otherwise,  the  said  canal  be  in  all  respects  executed  and  com- 
pleted as  herein  directed,  to  certify  the  same  and  cause  their  certificate 
to  be  returned  and  filed  in  manner  aforesaid.  And  that  the  said  com- 
missioners for  so  doing  shall  be  entitled  to  a  reasonable  compensation, 
to  be  paid  by  the  common  council  of  Alexandria. 

Sec.  9.  And  be  it  fitrther  enacted,  That  the  earth  or  other  materials 


TWELFTH  CONGRESS.     Sess.  I.  Ch.  102, 106.    1813. 


755 


tnken  from  the  bed  of  the  said  canal,  shall  not  be  de|K>sited  to  the  injiuy 
of  the  owners  of  the  lands  through  which  the  said  canal  may  pass. 
Approved,  June  17,  1812. 


Chap.  CII. — An  Jfd  declaring  War  between  the  United  Kingdom  (f  Great  Britain 
and  Ireland  and  the  depen&neiee  theretff  and  the  United  Statee  tf  America  and 
their  territoriee* 

Be  it  envied  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assen^lea,  That  war  be  and  the  same  is 
hereby  declared  to  exist  between  the  United  Kingdom  of  Great  Britain 
and  Ireland  and  the  dependencies  thereof,  and  the  United  States  of 
America  and  their  territories;  andthat  the  President  of  the  United  States 
is  hereby  authorized  to  use  the  whole  land  and  naval  force  of  the  United 
States  to  carry  the  same  into  effect,  and  to  issue  to  private  armed  vessels 
of  the  United  States  commissions  or  letters  of  marque  and  general  re- 
prisal, in  such  form  as  he  shall  think  proper,  and  under  the  seal  of  the 
United  States,  against  the  vessels,  goods,  and  effects  of  the  government 
of  the  said  United  Kingdom  of  Great  Britain  and  Ireland,  and  the  sub- 
jects thereof. 

Approved,  June  18,  1812. 


Owners  of  land 
not  to  be  injur- 
ed,  ftc. 

Statvtb  I. 

June  18, 181S. 

[Obsolete.] 
WardeeUred. 


President  an. 
thorised  to  em- 
plov  the  land 
and  naval  foreei 
to  carry  on  the 
war. 


Statute  I. 


Promissory 
notes  subject  to 
same    laws    in 
Alexandria  and 
Washington, 


Chap.  CVI. — Jn  Act  to  amend  the  laws  within  the  Dietrict  cf  Cblumbia,(a)        June  S4, 181S. 

Be  it  enacted  by  the  Senate  and  Honse  of  Representatives  of  the  United 
States  of  America  in  Congress  assimbledl  That  all  promissory  notes  for 
the  payment  of  money  hereafter  drawn  and  endorsed  or  transferred 
within  the  county  of  Alexandria,  in  the  district  of  Columbia,  shall  be 
governed  by,  and  subject  to,  the  same  laws  as  are  now  in  force  and  ap- 
plicable to  such  notes,  drawn,  endorsed  or  transferred  within  the  county 
of  Washington,  in  the  said  district;  and  the  rights,  remedies  and  respon- 
sibility of  the  person  or  persons  hereafter  holding,  drawing,  endorsing 
or  transferring  any  such  promissory  note,  as  aforesaid,  shall  be  the  same 
within  the  county  of  Alexandria  as  they  now  are  within  the  said  county 
of  Washington;  and  all  laws  now  in  force  within  the  said  county  of 
Alexandria,  contrary  to  this  provision,  are  hereby  repealed. 

Skc.  2.  And  be  it  further  enacted,  That  it  shall  be  lawful  for  any 
creditor  of  any  insolvent  debtor,  who  shall  hereafler  apply  for  relief 
under  the  act  of  Congress,  passed  on  the  third  day  of  March,  one  thou- 
sand eight  hundred  and  three,  entitnled  "An  act  for  the  relief  of  insolvent 
debtors  within  the  District  of  Columbia,"  to  make  the  same  allegations 
in  writing,  at  any  time  before  the  oath  of  insolvency  shall  be  adminis- 
tered, as  are  now  permitted  by  the  seventh  section  of  said  act,  which 
allegation  shall  be  made  before  the  judge  by  whom  the  oath  of  insol- 
vency is  proposed  to  be  administered,  and  a  copy  of  the  same,  together 
with  a  notification  from  such  judge  of  the  time  and  place  at  which  the 
truth  of  such  allegation  is  to  be  tried,  shall  be  forthwith  served  on  such 
insolvent,  and  any  one  judge  of  the  said  district  shall  have  the  same 
power  and  authority  to  examine  the  debtor  or  any  other  person,  on  oath, 
touching  the  substance  of  the  said  allegation,  or  to  direct  an  issue  or 
issues  to  be  tried  before  him,  in  a  summary  way,  to  determine  the  truth 
of  the  same,  as  are  now  vested  in  the  court  of  the  said  district  by  the 
seventh  section  of  the  said  act;  and  if  upon  the  answer  to  the  said  inter- 
rogatories, or  upon  the  trial  of  the  issue  or  issues,  such  debtor  shall  be 
found  guilty  of  any  fraud  or  deceit  towards  his  creditors,  or  of  having 
lost  by  gaming  within  twelve  months  next  preceding  his  application  for 


Creditors  of 
insolvent  debt- 
ors may  miilie 
alliigations  be- 
fore oath  of  in- 
solvency. 

Act  of  March 
3, 1803,  ch.  31. 


One  judge  may 
examine  the 
debtor. 


(0)  See  notes  to  an  act  concerning  the  District  of  Colombia,  February  S7, 1801,  chap.  16,  toI.  ii.  109. 


Tse 


TWELFTH  CONGRESS.    StM.  I.  Ch.  100.    1813. 


X>6btora  an. 
der  certaiq  eir- 
cumtUncM  pre. 
eluded  from  the 
benefit  oftbe  in- 
■olveiit  act. 

Falt^  swear. 
Ing  declared  to 
be  wilful  and 
corrupt  perjary. 


Benefit  of 
pfiaoa  walla  not 
allowed  to  any 
debtor  for  more 
^aa  one  year. 


Mnrahaltore. 
commit  to  close 
confinement. 


Real  estate  in 
the  county  of 
Aleiandria  aub- 
Ject  to  the  pay- 
meat  of  debts. 


Writs  to  run 
from  one  county 
to  another. 


But  returns, 
bla  to  the  court 
whence  they  is. 

BQOd. 


Interest  to  be 
allowed  on 
judgments. 


Damages  pay. 
abla  on  dissolu. 
lion  of  inJuDC. 
lion»  ftc. 


relief,  more  than  three  hundred  dollars,  or  of  haring  within  that  I 
assigned  or  conveyed  any  part  of  his  property,  rights  or  credits,  with  an 
intent  to  gi?e  a  preference  to  any  creditor  or  creditors  or  any  surety,  he 
shall  not  be  permitted  to  take  the  said  oath,  and  shall  be  precluded  from 
any  benefit  under  the  said  act ;  and  in  case  any  such  debtor,  or  anj 
other  person,  shall  at  any  time  thereafter  be  convicted  of  swearing  or 
affirming  wilfully  and  corruptly  to  any  matter  or  thing  touching  the 
inquiry  aforesaid,  the  person  so  offending  shall  suiTer  as  in  the  case  of 
wilful  and  cdrrupt  perjury;  and  upon  such  conviction  of  the  debtor  or 
hnj  other  person  testifying  for  him,  such  debtor  shall  be  forever  pre- 
cluded from  any  benefit  under  the  said  act;  but  nothing  herein  con- 
tained shall  be  considered  as  in  any  manner  impairing  or  repealing  the 
provisions  of  the  seventh  section  of  the  said  act. 

Sec.  3.  And  be  if  further  enacted^  That  the  benefit  of  the  prison 
rules  shall  not  be  allowed  to  any  debtor,  hereafter  taken  or  charged  in 
execution  within  the  said  district,  for  more  than  6ne  year  from  the  date 
of  the  bond  given  by  him  or  her  for  keeping  within  the  said  rules ;  afler 
the  expiration  of  which  time,  if  the  person  so  taken  or  charged  in  exe- 
cution shall  not  be  discharged  by  due  course  of  law,  it  shall  be  the  duty 
of  the  marshal  or  other  officer  to  whose  custody  such  person  was  com- 
mitted, to  recommit  him  or  her  to  close  jail  and  confinement,  there  Co 
remain  until  the  debt  for  which  he  or  she  was  taken  or  charged  in  exe- 
cution shall  be  paid,  or  until  he  or  she  shall  be  discharged  under  the  act 
of  Congress  for  the  relief  of  insolvent  debtors  within  the  district  of 
Columbia. 

Sec.  4.  And  he  it  Jurther  enacted.  That  real  estate  in  the  county  of 
Alexandria  shall  be  subject  to  the  payment  of  debts  hereafter  contracted, 
in  the  same  manner,  to  the  same  extent  and  by  the  same  process,  as 
real  estate  in  the  county  of  Washington  is  subject  to  the  payment  of 
debts  by  the  laws  now  in  force  in  the  said  county  of  Washington,  the 
operation  of  which  laws  is  hereby  extended  to  real  estate  in  the  said 
county  of  Alexandria  for  the  satisfaction  of  debts  hereafter  contracted. 

Sec.  5.  And  be  it  further  enacted.  That  on  any  judgment  or  decree 
rendered  or  hereafter  to  be  rendered  by  the  said  court  in  either  of  the 
said  counties,  any  writ  of  execution  which  shall  thereupon  issue,  may 
be  served  and  carried  into  effect  in  either  county  in  which  the  person  or 
property,  liable  to  the  said  judgment  or  decree  may  be  found ;  but  the 
writ  of  execution  shall  be  returnable  only  to  the  court  wherein  such 
judgment  or  decree  was  rendered  and  from  whence  it  issued :  and  such 
execution  shall  have  the  same  force  and  effect  as  if  it  had  issued  from 
the  county  where  such  person  or  his  property  may  be  found. 

Sec.  6.  And  be  it  further  enacted,  That  upon  all  judgments  rendered 
on  the  common  law  side  of  the  circuit  court  of  said  district  in  actions 
founded  on  contracts,  interest  at  the  rate  of  six  per  centum  per  annum 
shall  be  awarded  on  the  principal  sum  due  until  the  said  judgment  shall 
be  satisfied,  and  the  amount  which  is  to  bear  interest  and  the  time  from 
which  it  is  to  be  paid  shall  be  ascertained  by  the  verdict  of  the  jury 
sworn  in  the  cause. 

Sec.  7.  And  be  it  further  enacted,  That  when  any  injunction  shall 
hereafter  be  obtained  to  stay  proceedings  on  any  judgment  rendered  for 
money  in  the  circuit  court  of  the  said  district,  and  such  injunction  shall 
be  dissolved  wholly  or  in  part,  damages,  at  the  rate  of  ten  per  centum 
per  annum  from  the  time  the  injunction  shall  be  awarded  until  dissolu- 
tion, shall  be  paid  by  the  party  on  whose  behalf  such  injunction  was 
obtained  on  such  sum  as  appears  to  be  due,  including  costs,  and  execu- 
tion on  the  judgment  enjoined  shall  be  issued  ft>r  the  same ;  and  in  cases 
where  a  forthcoming  bond  shall  have  been  executed  by  the  complain- 
ant, and  no  judgment  shall  have  been  rendered  thereupon,  the  court  in 
which  execution  shall  be  awarded  shall  direct  the  said  damages  to  be 


TWELFTH  CONORESS.    Siss.  I.  Cb.  lOe.  1812. 


757 


ProTiio. 


Suit  or  action 
may  be  remoTod 
fVom  one  coonty 
to  another. 


inclnded  in  the  jadgment,  which  damages  shall  in  all  cases  be  in  full 
satisfaction  of  interest  for  the  time  for  which  they  shall  be  allowed : 
Prmfidid^  that  when  the  injunction  shall  be  granted  to  obtain  a  dis- 
coTery,  or  any  part  of  the  judgment  shall  remain  enjoined,  the  court 
may,  if  it  appear  just,  direct  that  such  damages  shall  not  be  paid,  or  only 
such  proportion  thereof  as  they  may  deem  expedient. 

Sec.  8.  And  he  it  Juriher  enacted.  That  in  any  civil  sait  or  action  at 
law,  or  any  criminal  or  penal  prosecution  by  information  or  indictment 
now  depending  or  hereafter  to  be  commenced,  the  coun,  upon  a  sugges- 
tion in  writing  by  any  of  the  parties  thereto  supported  by  oath  or  affirma- 
tion, that  a  fair  and  lAipartial  trial  cannot  be  had  in  the  county  where 
such  suit  or  action  is  depending,  may  order  the  same  suit  or  action  to  be 
removed  into  the  court  holden  in  the  other  county  in  the  said  district; 
and  the  same  shall  be  prosecuted  and  tried  according  to  law,  and  the 
judgment  carried  into  full  effect ;  and  it  shall  be  the  duty  of  the  clerk 
of  the  one  county  to  transmit  to  the  clerk  of  the  other  county,  a  copy 
of  the  record  of  the  proceedings,  and  all  the  original  papers  filed  in  his 
office  in  the  suit  or  action ;  and  in  like  manner  in  any  criminal  or  penal 
prosecution  aforesaid,  by  information  or  indictment,  if  the  attorney  for 
the  United  States  for  the  district  of  Columbia  shall  suggest  in  writing, 
under  his  signature,  to  the  court  of  the  county,  before  whom  any  such 
information  or  indictment  is  or  may  be  depending,  that  the  United 
States  cannot  have  a  fair  and  impartial  trial  in  such  county,  the  court 
may  order  the  trial  to  be  prosecuted  and  had  in  the  other  county,  for 
which  purpose  the  proceedings  and  all  original  papers  filed  in  said  cause 
shall  be  transmitted  to  the  court  of  such  other  county,  where  the  same 
shall  be  tried  and  prosecuted  to  final  judgment  and  execution. 

Sec.  9.  And  be  it  Juriher  enacted.  That  hereafter  it  shall  be  lawful 
for  any  inhabitant  or  inhabitants  in  either  of  the  said  counties  owning 
and  possessing  any  slave  or  slaves  therein,  to  remove  the  same  from  one 
county  into  the  other,  and  to  exercise  freely  and  fully  all  the  rights  of 
property  in  and  over  the  said  slave  or  slaves  therein,  which  would  be 
exercised  over  him,  her,  or  them,  in  the  county  from  whence  the  removal 
was  made,  any  thing  in  any  legislative  act  in  force  at  this  time  in  either 
of  the  said  counties,  to  the  contrary  notwithstanding,  (a) 

(a)  Slaverer  in  the  Diatrict  of  Columbia : — 

The  plaintifli  in  error  filed  a  petition  for  freedom  in  the  circuit  court  of  the  United  Statei  for  the  county 
of  Waabinffton,  and  they  proTed  that  they  were  bom  in  the  itate  of  Virginia,  ai  slavei  of  Richard  B. 
Lee,  now  deceaaed,  who  moved  with  his  family  into  the  county  of  Waahington,  in  the  District  of  Colum* 
bia,  about  the  year  1816,  leaving  the  petitionera  residing  in  Virginia  aa  his  slaves,  until  the  year  1820, 
when  the  petitioner  Barbara  was  removed  to  the  county  of  Alexandria,  in  the  District  of  Columbia,  where 
she  was  hired  to  Mrs.  Muir,  and  continued  with  her  thus  hired  for  the  period  of  one  year.  That  the  pe- 
titioner, Sam,  was  in  like  manner  lemoved  to  the  county  of  Alexandria,  and  was  hired  to  General  Walter 
Jones,  for  a  period  of  about  five  or  six  months.  That  aAer  the  expiration  of  the  said  periods  of  hiring, 
the  petitioners  were  removed  to  the  said  county  of  Washington,  where  they  continued  to  reside  as  the 
alavea  of  the  said  Richard  B.  Lee  until  his  death,  and  since,  as  the  slavea  of  his  widow,  the  defendant. 
On  the  part  of  the  defendant  in  error,  a  preliminary  objection  waa  made  to  the  jurisdiction  of  the  supreme 
court,  growing  out  of  the  act  of  Congress  of  the  2d  or  April,  1816,  which  declares  that  no  cause  shall  be 
removM  from  the  circuit  court  for  the  District  of  Columbia,  to  the  supreme  court,  by  appeal  or  writ  of 
error,  unless  the  matter  in  dispute  shall  be  of  the  value  of  one  thousand  dollars,  or  upwaids.  By  the 
Court— The  matter  in  dispute  in  this  case,  is  the  freedom  of  the  petitioners.  The  judgment  of  the  court 
below  is  against  their  claims  to  freedom  ;  the  matter  in  dispute,  is,  therefore,  to  the  plaintiffs  in  error, 
the  value  of  their  freedom,  and  this  is  not  susceptible  of  a  pecuniary  valuation.  Had  the  judgment  been 
in  favour  of  the  petitioners,  and  the  writ  of  error  brought  by  the  party  claiming  to  be  the  owner,  the  value 
of  the  slaves  as  property,  would  have  been  the  matter  in  dispute,  and  affidavits  might  be  admitted  to 
ascertain  such  value.  But  affidavits,  estimating  the  value  of  freedom,  are  entirely  inadmissible,  and  no 
doubt  is  entertained  of  the  jurisdiction  of  the  court    Lee  o.  Lee,  8  Peters,  44. 

The  circuit  court  refused  to  instruct  the  jury  that  if  they  should  believe,  from  the  evidence,  that  bring- 
ing the  petitioners  from  Virginia  to  Alexandria,  by  their  owner,  and  hiring  them  there,  wss  merely  colour- 
able, with  intent  to  evade  the  law,  that  then  the  petitioners  are  entitled  to  their  freedom.  By  the 
Marylsnd  law,  of  1796,  it  was  declared,  that  it  shall  not  be  lawful  to  import  or  bring  into  this  state,  by 
land  or  water,  any  negro,  mulatto,  or  other  slave,  for  aale,  or  to  reside  within  this  state ;  and  any  person 
brought  into  this  state  as  a  slave,  contrary  to  this  act,  if  a  slave  before,  shall  thereupon  cease  to  ne  the 
property  of  the  person  so  importing,  and  shall  be  free.  And  by  the  act  of  Congress  of  the  27th  of  Feb- 
ruary, 1801,  it  ife  provided,  that  the  laws  of  the  state  of  Maryland,  as  they  then  existed,  should  be,  and 
continue  in  force  in  that  psrt  of  the  district  which  was  ceded  by  that  state  to  the  United  States.    The 

38 


Prosecution  by 
information  or 
indictment  may 
also  be  remov- 
ed, on  sugges- 
tion of  the  dia- 
trict attorney. 


Slaves  may 
be  removed 
from  one  coanty 
to  another. 


758 


TWELFTH  CONGRESS.    Sbbs.  I.  Ch.106.   1812. 


Rales  for  pay.  Sbc.  10.  And  be  U  further  enacted,  That  in  paying  the  debts  of  any 
d<^Maed^^pm-^  deceased  person,  the  executor  or  administrator,  who  shall  hereafter 
sons.  '   qualify  and  obtain  letters  testamentary  or  of  administration  in  the 

orphans'  court  in  the  county  of  Alexandria,  shall  observe  the  following 
rules;  funeral  expenses  shall  be  first  paid,  next  judgments  and  decrees 
against  the  deceased  obtained  in  his  lifetime  in  the  said  district  shall  be 
wholly  discharged  before  any  other  claims ;  afler  such  funeral  expenses, 
judgments  and  decrees  within  the  said  district  shall  be  satisfied,  all 
other  just  claims  shall  be  admitted  to  payment  on  an  equal  footing,  with- 
out priority  or  preference,  and  in  equal  proportion ;  if  there  be  not  sa^ 
ficient  to  discharge  all  such  judgments  and  decrees,  a  proportionable 
dividend  shall  be  made  among  the  judgment  and  decree  creditors  afor^ 
said.  In  no  case  shall  an  executor  or  administrator  aforesaid,  be  allowed 
to  retain  for  his  own  claim  against  the  deceased,  unless  ahe  same  be 
passed  by  the  orphans'  court,  and  when  passed  it  shall  stand  on  an  equal 
footing  with  other  claims  of  like  nature ;  and  it  shall  be  the  duty  of 
every  executor  or  administrator  aforesaid  to  give  in  a  claim  against  him- 
self, and  no  executor  or  administrator  shall  discharge  any  claim  against 
the  deceased,  otherwise  than  at  his  own  risk,  unless  the  same  shall  be 
first  passed  by  the  orphans'  court  granting  the  administration. 

Sec.  11.  And  be  it  further  enacted.  That  it  shall  be  lawful  for  any 
person  or  persons  to  whom  letters  testamentary  or  of  administration  hath 
been  or  may  hereafter  be  granted  by  the  proper  authority  in  any  of  the 
United  States  or  the  territories  thereof,  to  maintain  any  suit  or  action 
and  to  prosecute  and  recover  any  claim  in  the  district  of  Columbia,  in 
the  same  manner  as  if  the  letters  testamentary  or  of  administration  had 
been  granted  to  such  person  or  persons  by  the  proper  authority  in  the 
said  district;  and  the  letters  testamentary  or  of  administration,  or  a 
copy  thereof,  certified  under  the  seal  of  the  authority  granting  the  same, 
shall  be  sufficient  evidence  to  prove  the  granting  thereof,  and  that  the 
person  or  persons,  as  the  case  may  be,  hath  or  have  administration. 

Sec.  12.  And  be  it  further  enacted,  That  instead  of  the  sessions  as 
heretofore  by  law  directed,  the  courts  for  the  county  of  Alexandria  shall, 
afler  this  act  goes  into  operation,  commence  on  the  third  Monday  in 
April,  and  on  the  fourth  Monday  in  November  in  every  year ;  and  all 
cases,  motions,  process,  causes,  matters  and  things  pending  in  or  re- 
turnable to  the  sessions  as  heretofore  fixed  by  law,  shall  be  continued 
and  returned  respectively  to  the  sessions  of  the  said  court  hereby  ap- 
pointed to  be  holden. 

Sec.  13.  And  be  it  further  enacted,  That  it  shall  be  the  duty  of  the 
constables  of  the  county  of  Washington  in  the  district  of  Columbia,  upon 
a  capias  ad  satisfaciendum  issuing  out  of  the  clerk's  office  of  the  said 

Maryland  law  of  1796  is,  therefore,  in  force  in  the  county  of  Washington ;  and  the  petitioners,  if  bronffbt 
directly  from  the  state  of  Vir^nia  into  the  county  of  Washington,  would,  under  the  provisions  of  that 
law,  be  entitled  to  their  freedom.  By  the  act  of  Congress  of  the  24th  of  June,  1812,  it  was  declared, 
**  that  hereafler  it  shall  be  lawful  for  any  inhabitant  or  inhabitants,  in  either  of  the  said  counties,  (Wash- 
ington and  Aleiandria,)  owning  and  possessing  any  slave  or  slaves  therein,  to  remove  the  same  from  one 
county  into  the  other,  and  to  exercise,  freely  and  fully,  all  the  rights  of  property,  in  and  over  the  said 
•lave  or  slaves  therein,  which  would  be  exercised  over  him,  her,  or  them,  in  the  county  from  whence  the 
removal  was  made.*'    lirid. 

The  court  erred  in  refusing  to  give  the  fourth  instruction  prayed  on  the  part  of  the  petitioner,  which 
asked  that  it  should  be  submitted  to  the  jury  whether,  from  the  evidence,  the  bringing  of  the  petitioners 
from  Virginia  to  Alexandria,  and  the  hiring  them  there,  was  not  merely  colourable,  with  intent  to  evade 
the  law.    Ibid. 

A  wife  having  separated  herself  from  her  husband,  for  ill.treatment  by  him,  applied  to  the  county  court 
of  Prince  George,  Maryland,  for  alimony,  which  was  allowed  to  her,  pendente  lite.  The  husband  gave 
the  wife  a  female  negro  slave,  and  some  other  property,  in  discharge  of  the  alimony.  She  removed  to 
Washington,  hired  out  the  slave,  and  aflerwards,  in  consideration  of  a  sum  of  money,  and  for  other  cob- 
siderations,  she  manumitted,  by  deed,  the  slave,  and  her  two  infant  children,  the  eldest  not  three  yean 
old.  Some  time  afler  the  arrangement  between  the  husband  and  wife,  a  final  separation  took  place  be- 
tween  them,  by  a  verbal  agreement;  each  to  retain  «the  property  each  had,  and  to  be  quits  for  ever,** 
and  the  wife  relinquished  all  further  claim  for  alimony.  After  the'death  of  the  wife,  the  husband  claimed 
the  female  and  her  children  as  his  slaves.  Held,  that  they  were  frtn  by  virtoe  of  the  deed  of  i 
•ion  exeeated  by  the  wife.    Willi&gsford  v,  Allen,  10  Peters,  583. 


Persons  ob- 
taining letters 
testamentary, 
or  of  adminis- 
tration  out  of 
the  district  of 
Columbia,  may 
prosecute 
claims  within  it. 

Certified  co. 
pies  of  letters 
testamentary, 
&c.  to  bo  evi- 
dence. 

Sessions  of  the 
courts  of  Alex- 
andria, to  bo 
held  in  April 
and  November. 


TWELFTH  CONGRESS.    Sbss.  I.  Ch.  107.  1812. 


760 


county,  ia  conformity  with  the  proTisions  of  the  act  entituled  <<An  act 
concerning  the  district  of  Columbia,"  to  take  the  defendant  into  custody, 
on  his  faiJure  to  pay  the  debt  and  costs  in  such  capias  ad  satisfaciendum 
mentioned,  forthwith,  upon  the  application  of  the  plaintiff,  to  deliver 
into  the  prison  of  the  said  county  such  defendant,  to  be  held  in  the  said 
prison  by  the  marshal  of  the  district  of  Columbia  until  he  shall  be 
released  by  due  course  of  law. 

Sec.  14.  And  be  it  fiirther  enacted.  That  the  said  marshal  shall  be 
entitled  to  the  same  fee  for  commitment  and  releasement  of  said  debtor 
committed  as  aforesaid,  and  the  same  allowance  for  his  maintenance, 
and  to  be  paid  in  the  same  manner,  as  are  already  provided  by  law. 

Sec.  15.  And  he  it  Jurther  enacted.  That  upon  a  fieri  facias  issuing 
out  of  the  office  of  the  clerk  of  the  county  of  Washington,  upon  the 
judgment  of  a  magistrate,  the  plaintiff  upon  such  fieri  facias  shall  be 
entitled  to  have  his  execution  against  the  goods  and  chattels,  lands  and 
tenements,  rights  and  credits  of  the  defendant. 

Sec.  16.  And  he  it  further  enacted^  That  this  act  shall  commence  and 
be  in  force  from  and  after  the  first  day  of  September  next 

Approved,  June  24,  1812. 


Act   of  May 

27, 1801,  ch.  79. 

Debtors   may 

be     imprisoned 

for  unall  debts. 


Marshal  enti- 
tled to  fee. 


ExecQtion 
apon  fieri  facias. 


Act  to  com- 
mence Septem- 
ber 1st,  181S. 


Chap.  CVII. — An  Ad  concerning  Leiten  (f  Marque^  Priza,  and  Prize 

Chod$. 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  the  President  of  the 
United  States  shall  be,  and  he  is  hereby  authorized  and  empowered  to 
revoke  and  annul  at  pleasure  all  letters  of  marque  and  reprisal  which  he 
shall  or  may  at  any  time  grant  pursuant  to  an  act  entituled  "An  act 
declaring  war  between  the  United  Kingdom  of  Great  Britain  and  Ire- 
land and  the  dependencies  thereof,  and  the  United  States  of  America 
and  their  territories." 

Sec.  2.  And  be  it  further  enacted.  That  all  persons  applying  for  let- 
ters of  jnarque  and  reprisal,  pursuant  to  the  act  aforesaid,  shall  state  in 
writing  the  name  and  a  suitable  description  of  the  tonnage  and  force  of 
the  vessel;  and  the  name  and  place  of  residence  of  each  owner  con- 
cerned therein,  and  the  intended  number  of  the  crew ;  which  statement 
shall  be  signed  by  the  person  or  persons  making  such  application,  and 
filed  with  the  Secretary  of  State,  or  shall  be  delivered  to  any  other 
officer  or  person  who  shall  be  employed  to  deliver  out  such  commis- 
sions, to  be  by  him  transmitted  to  the  Secretary  of  State. 

Sec.  3.  And  he  it  further  et^acted,  That  before  any  commission  of 
letters  of  marque  and  reprisal  shall  be  issued  as  aforesaid,  the  owner  or 
owners  of  the  ship  or  vessel  for  which  the  same  shall  be  requested,  and 
the  commander  thereof,  for  the  time  being,  shall  give  bond  to  the  United 
States,  with  at  least  two  responsible  sureties,  not  interested  in  such 
vessel,  in  the  penal  sum  of  five  thousand  dollars ;  or  if  such  vessel  be 
provided  with  more  than  one  hundred  and  fifty  men,  then  in  the  penal 
sum  of  ten  thousand  dollars ;  with  condition  that  the  owners,  officers, 
and  crew,  who  shall  be  employed  on  board  such  commissioned  vessel, 
shall  and  will  observe  the  treaties  and  laws  of  the  United  States,  and  the 
instructions  which  shall  be  given  them  according  to  law  for  the  regula- 
tion of  their  conduct ;  and  will  satisfy  all  damages  and  injuries  which 
shall  be  done  or  committed  contrary  to  the  tenor  thereof  by  such  vessel, 
during  her  commission,  and  to  deliver  up  the  same  when  revoked  by  the 
President  of  the  United  States. 

Sec.  4.  And  he  it  fiirther  enacted.  That  all  captures  and  prizes  of 
vessels  and  property,  shall  be  forfeited  and  shall  accrue  to  the  owners, 
officers  and  crews  of  the  vessels  by  whom  such  captures  and  prizes  shall 


Statute  I. 

Jone  26, 1812. 

[Obsolete.] 

Act  of  Jan.  S7, 
1813,  ch.  13. 

President  an- 
thorised  to  re- 
voke  letters  of 
marque,  fcc. 

181S,ch.l03. 


Formalities 
required  from 
persons  apply- 
ing  for  letters 
At  marque,  kc. 


Bonds  to  be 
given  with  sure- 
ty- 


Condition. 


Captured  pro- 
perty to  be  for. 
reited. 


760  TWELFTH  CONGRESS.    Sess.  I.  Ch.  107.    1812. 

Diitributioo  of  be  made ;  and  on  due  condemnation  had,  shall  be  distributed  according 

gnie  monej,      ^^  ^^^  written  agreement  which  shall  be  made  between  them ;  and  i? 

there  be  no  such  agreement,  then  one  moiety  to  the  owners,  and  the 

other  moiety  to  the  officers  and  crew,  to  be  distributed  between  the 

officers  and  crew  as  nearly  as  may  be,  according  to  the  rules  prescribed 

for  the  distribution  of  prize  money,  by  the  act  entituled  "An  act  for  the 

better  government  of  the  nary  of  the  United  States,"  passed  the  twenty- 

1800,  ch.  83.     third  day  of  April,  one  thousand  eight  hundred.(a) 

lUcapturM  of       Sec.  5.  And  be  it  further  enacted.  That  all  vessels,  goods  and  efTects, 

■6nrkc**to*Se   ^®  property  of  any  citizen  of  the  United  Slates,  or  of  persons  resident 

rattored  on  pay.   within  and  under  the  protection  of  the  United  States,  or  of  persons  per- 

meatofnlvage.   manently  resident  within  and  under  the  protection  of  any  foreign  prince, 

government  or  state,  in  amity  with  the  United  States,  which  shall  have 

been  captured  by  the  enemy  and  which  shall  be  recaptured  by  vessels 

commissioned  as  aforesaid,  shall  be  restored  to  the  lawful  owners,  upon 

payment  by  them  respectively,  of  a  just  and  reasonable  salvage,  to  be 

determined  by  the  mutual  agreement  of  the  parties  concerned,  or  by  the 

decree  of  any  court  having  competent  jurisdiction,  according  to  the 

nature  of  each  case,  agreeably  to  the  provisions  heretofore  established 

^U^bv^^^n      by  law.     And  such  salvage  shall  be  distributed  among  the  owners, 

of  Mlvago.  officers  and  crews  of  the  vessels  commissioned  as  aforesaid,  and  making 

such  recaptures  according  to  any  written  agreement  which  shall   be 

between  them ;  and  in  case  of  no  such  agreement,  then  in  the  same 

manner  and  upon  the  principles  herein  before  provided  in  case  of  cap> 

ture.(6) 

(a)  The  prise  act  of  Juoe  S6th,  1812,  chap.  107,  operatei  ai  a  grant  from  the  United  States  to  the  cap. 
ton,  of  all  property  rightfully  captured  by  commiMioned  privateer •,  aa  prise  of  war.  The  Sally,  8  Crancn, 
S8S;  SCond.  Rep.  177. 

Prise  money  mast  be  distributed  according  to  some  written  agreement  of  the  parties,  otherwise  it  is 
distributable  according  to  the  4th  sec.  of  the  prise  act  of  the  Soth  of  June,  1812,  chap.  107.  A  parol 
agreement  as  to  distribution  is  void.    The  Dash,  1  Mason*s  C.  C.  R.  4. 

If  the  shipping  articles  omit  to  state  the  shares,  to  which  some  of  the  officers  and  crew  are  entiUed, 
they  are  still  entitled  to  claim  their  shares  under  the  prise  act.    Ibid* 

A  parol  assignment  of  a  share  in  prises  Is  void.   Ihid, 

All  captures,  made  by  non-commissioned  captors,  are  made  for  the  government :  and  since  the  provi- 
sions in  the  prise  acts  as  to  the  distribution  or  prise  proceeds,  are  confined  to  public  and  private  armed 
vessels,  cruising  under  regular  commissions;  the  only  claim  which  can  be  sustained  by  such  non-com. 
missioned  captors  must  be  in  the  nature  of  salvage,  for  bringing  in  and  preserving  the  property.  The  Doe 
Hermanos,  10  Wheat.  306 ;  6  Cond.  Rep.  109. 

The  commander  of  a  squadron,  to  whose  command  a  ship  of  war  is  attached,  and  under  whose  orders 
she  sails,  is  entitled  to  the  flag-twentieth  of  all  prises  made  by  such  ship,  although  the  other  part  of  the 
squadron  may  never  have  sailed  on  the  cruise,  in  consequence  of  a  biocsade  by  a  superior  force.  Deca- 
tar  V,  Chew,  1  Gallis.  C.  C.  R.  606. 

To  deprive  such  commander  of  his  flag- twentieth,  on  account  of  his  having  left  his  station,  under  the 
sisth  section  of  the  act  of  April  23d,  18^,  chap.  33,  it  is  indispensable  that  some  local  station  should 
have  been  assigned  him.    Itkd. 

Where  no  grant  is  made,  all  captures  made  under  the  authority  of  the  esecutive,  inure  to  the  nse  of 
the  government.    The  Emulous,  1  Gallis.  C.  C.  R.  663. 

As  between  public  ships,  the  rule  for  the  distribution  of  prises  is  settled  by  the  seventh  article  of  the 
sisth  section  in  the  act  of  April  23d,  1800,  chap.  33,  which  provides  that,  in  cams  of  joint  capture,  the 
capturing  ships  shall  share  **  according  to  the  number  of  men  and  guns  on  board  each  ship  in  sight.'*  The 
Despatch,  2  Gallis.  C.  C.  R.  1. 

As  to  privateers,  no  statute  regulation  esists,  and  therefore  their  claims  are  settled  by  the  general  law 
of  relative  strength,  which  is  to  be  measured  by  the  number  of  men  on  board  each  ship.    Ibid. 

(b)  Salvage  in  Prize  Catues.—On  a  recapture  of  a  vessel  by  a  neutral  vessel,  no  claim  for  salvage  can 
arise,  for  the  recapture  was  a  hostile  act,  not  justified  by  the  situation  of  the  nation  to  which  the  recap, 
taring  vessel  belonn,  in  relation  to  that  from  the  possession  of  which  the  vessel  recaptured  was  taken. 
The  degree  of  service  rendered  in  such  a  case,  is  precisely  the  same  as  if  it  had  been  rendered  bv  a  bel. 
ligerent;  yet,  the  rights  accruing  from  the  recapture  are  different,  because  no  right  can  accrue  urom  an 
act  which  was  unlawful.    Talbot  v.  Seeman,  1  Cranch,  1 ;  1  Cond.  Rep.  229. 

When  a  belligerent  permits  her  cruisers  to  capture  neutral  vessels,  and  carry  them  in  for  adjudicatioDy 
and  thus  subjects  such  vessels  to  perils,  almost  equal  to  those  of  absolute  capture,  salvage  for  a  recapture 
of  such  a  neutral  vessel  will  be  allowed.    Ibid. 

American  property  recaptured,  was  restored  on  payment  of  salvage ;  the  libel  having  prayed  a  condem- 
nation as  prise,  and  no  salvage  having  been  claimed.  The  question  of  salvage  is  incident  to  the  questioa 
of  prise.    The  Adeline,  9  Cranch,  244 ;  3  Cond.  Rep.  397. 

A  merchant  ahip,  the  property  of  subjects  of  the  sing  of  Great  Britain,  was  captured  on  the  high  seas 
by  a  French  squadron,  a  prise  roaster  and  crew  put  on  board  of  her,  and  she  remained  in  company  with 
the  captors  upwards  of  twenty-four  hours,  when  she  was  left  by  the  prise  master  and  the  crew ;  frequent 


TWELFTH  CONGRESS.    Sbsb.  I.  Ch.  107.  1819. 


Wl 


Bbc.  6.  And  he  it  fitrther  enaciedj  That  before  breaking  bulk  of  any 
▼esBel  which  shall  be  captured  as  aforesaid,  or  other  disposal  or  conver- 
aion  thereof,  or  of  any  articles  which  shall  be  found  on  board  the  same, 
such  captured  vessel,  goods  or  effects,  shall  be  brought  into  some  port 
of  the  United  States,  or  into  some  port  of  a  nation  in  amity  with  the 
United  States,  and  shall  be  proceeded  against,  before  a  competent  tri- 
bunal; and  after  condemnation  and  forfeiture  thereof,  shall  belong  to 
the  owners  and  captors  thereof,  and  be  distributed  as  aforesaid :  and  in 
the  case  of  all  captured  vessels,  goods  and  effects  which  shall  be  brought 
within  the  jurisdiction  of  the  United  States,  the  district  courts  of  th€^ 
United  States  shall  have  exclusive  original  cognizance  thereof,  as  in 
civil  causes  of  admiralty  and  maritime  jurisdiction ;  and  the  said  courts, 
or  the  courts,  being  courts  of  the  United  States,  into  which  such  cases 
shall  be  removed,  and  in  which  they  shall  be  finally  decided,  shall  and 
may  decree  restitution,  in  whole  or  m  part,  when  the  capture  shall  have 
been  made  without  just  cause.  And  if  made  without  probable  cause,  or 
otherwise  unreasonably,  may  order  and  decree  damages  and  costs  to  the 
party  injured,  and  for  which  the'  owners  and  commanders  of  the  vesseliS 
making  such  captures,  and  also  the  vessels,  shall  be  liable. 

Sec.  7.  And  be  it  farther  enacted^  That  all  prisoners  found  on  board 
any  captured  vessels,  or  on  board  any  recaptured  vessel,  shall  be  reported 
to  the  collector  of  the  port  in  the  United  States  in  which  they  shall  first 
arrive,  and  shall  be  delivered  into  the  custody  of  the  marshal  of  the  dis- 
trict or  some  civil  or  military  officer  of  the  United  States,  or  of  any  state 
in  or  near  such  port,  who  shall  take  charge  of  their  safe  keeping  and 
support,  at  the  expense  of  the  United  States. 

Sec.  8.  And  he  it  farther  enacted^  That  the  President  of  the  United 
States  shall  be,  and  he  is  hereby  authorized  to  establish  and  order  suit- 
able instructions  for  the  better  governing  and  directing  the  conduct  of 
the  vessels,  so  commissioned,  their  officers  and  crews,  copies  of  which 
shall  be  delivered,  by  the  collector  of  the  customs,  to  the  commanders 
when  they  shall  give  bond  as  aforesaid. 

Sec.  9.  And  be  it  farther  enacted^  That  a  bounty  shall  be  paid  by  the 
United  States  of  twenty  dollars  for  each  person  on  board  any  armed 
ship  or  vessel,  belonging  to  the  enemy,  at  the  commencement  of  an 
engagement,  which  shall  be  burnt,  sunk  or  destroyed,  by  any  vessel 
commissioned  as  aforesaid,  which  shall  be  of  equal  or  inferior  force,  the 
same  to  be  divided  as  in  other  cases  of  prize  money. 

Sec.  10.  And  he  it  farther  enacted^  That  the  commanding  officer  of 
every  vessel  having  a  commission,  or  letters  of  marque  and  reprisal, 


Print  to  b« 
brought  Id  for 
adjudication^ 


Into  ports  of 
tlie  U.  SutM  or 
a   fiiendlj   na* 


Dtttrict  coarta 
of  the  United 
Statet  to  have 
original  exclu- 
aive  jurisdiction 
of  pnses  brought 
into  the  United 
States. 


Regulations 
concerning  pris- 
oners founa  on 
board  prise  ves- 
sels. 


President  to 
prescribe  in- 
structions for 
priTateers. 


Bounty  for  de- 
stroying enemy 
vessels. 

Act  of  August 

3,  1813,  ch.  65. 

Act  of  March 

19, 1814,  ch.  27. 

Commanding 
officers  of  pri- 


ineflectual  attempts  having  been  made  to  set  her  on  fire.  She  was  found  deserted  and  abandoned,  by  an 
American  vessel,  bound  on  a  European  vojfage,  and  by  the  mate  and  part  of  the  crew  brought  into  Bos- 
ton. A  claim  was  made  to  her  by  the  British  consul  for  the  original  owners,  and  bv  the  French  consul 
for  the  captors.  Salvage,  amounting  to  one  third  of  the  gross  proceeds  of  the  sales  of  the  ship  and 
cargo,  were  decreed  to  the  owners,  masters  and  crew  of  the  American  ship ;  and  the  residue  of  the  pro- 
ceeds  were  ordered  to  be  paid  to  the  French  republic,  or  those  concerned  in  the  capture.  M'Donough  v. 
Danery,  and  the  Ship  Mary  Ford,  3  Dail.  188;  1  Cond.  Rep.  94. 

One  half  of  the  whole  vslue  of  an  American  vessel  and  cargo,  recaptured  bv  a  vessel  of  war  of  the 
United  States,  after  she  had  been  captured  by  a  French  privateer,  on  the  Slut  of  March,  1799,  was  allowed 
as  salvage.    Bas,  Plaintiff  in  Error  v.  Tingy,  4  Dall.  37 ;  1  Cond.  Rep.  221. 

An  American  vessel  was  captured  by  the  enemy,  and  afler  condemnation  and  sale  to  a  subject  of  the 
enemy,  was  recaptured  bv  an  American  privateer.  Held,  that  the  original  owner  was  not  entitled  to 
restitution  on  payment  or  salvage,  under  the  salvage  act  of  the  3d  of  March,  1800,  chap.  14,  and  the 
prise  act  of  26th  June,  1812,  chap.  107.    The  SUr,  3  Wheat.  78;  4  Cond.  Rep.  198. 

In  Older  to  entitle  to  salvage,  as  upon  a  recapture  or  rescue,  the  property  most  have  been  in  the  pos- 
session, either  actual  or  constructive,  of  the  enemv.    The  Ann  Green,  1  Gallis.  C.  C.  R.  274,  289. 

Salvage  allowed  upon  a  recapture  of  a  ransomed  ship,  the  ransom  bill  declaring  that  the  sum  agreed 
upon  therein,  should  he  payable  only  upon  the  arrival  of  the  vessel  at  her  port  of  destination,  which  sho 
never  reached.    The  Harriet,  Bee's  D.  C.  R.  128. 

In  case  of  a  recapture  by  a  public  vessel  of  war,  the  salvage  can  be  ascertained  only  by  a  sale  of  the 
property,  unless  both  parties  consent  to  an  appraisement.    The  Dolphin,  Bee*s  D.  C.  R.  162. 

Salvage  ip  not  due  fbr  rescuing  the  vessel  or  a  neutral  out  of  the  hands  of  a  belligerent,  who  has  taken 
posseision  for  a  supposed  violaUon  of  a  treaty  or  of  the  law  of  nations.    The  Antelope,  Bee's  D.  C.  R. 


Vol.  n.^96 


8s2 


702 


TWELFTH  CONGRESS.    Ssss.  I.  Ch.  107.  1812. 


T»te«ra  to  keep 
Joiiraab. 


Jonrnalttobe 
reported  to  the 
oollecton,  fce. 


Commanding 
officers  of  pri- 
vatoers  to  ex- 
hibit their  joar- 
Ball,  &c.  sc.  to 
public  vestels 
oftheU.Sutos. 


Penalties  for 
neglecting  to 
keep  journals, 
or  keeping  un* 
true  ones. 


during  the  present  hostilities  between  the  United  States  and  Great  Bri- 
tain, shall  keep  a  regular  journal,  containing  a  true  and  exact  account 
of  his  daily  transactions  and  proceedings  with  such  vessel  and  the  crew 
thereof;  the  ports  and  places  he  shall  put  into  or  cast  anchor  in ;  the 
time  of  his  stay  there  and  the  cause  thereof;  the  prizes  he  shall  take ; 
the  nature  and  probable  value  of  such  prizes ;  the  times  arid  places, 
when  and  where  taken,  and  how  and  in  what  manner  he  shall  dispose 
of  the  same ;  the  ships  or  vessels  he  shall  fall  in  with ;  the  times  and 
places,  when  and  where  he  shall  meet  with  them,  and  his  observations 
and  remarks  thereon ;  also,  of  whatever  else  shall  occur  to  him  or  anj 
of  his  officers  or  mariners,  or  be  discovered  and  found  out  by  examina- 
tion or  conference  with  any  mariners  or  passengers  of,  or  in  any  other 
ships  and  vessels,  or  by  any  other  ways  or  means  whatsoever,  touching 
or  concerning  the  fleets,  vessels  and  forces  of  the  enemy,  their  posts  and 
places  of  station  and  destination,  strength,  numbers,  intents  and  designs : 
and  such  commanding  officer  shall,  immediately  on  his  arrival  in  any 
port  of  the  United  States  or  the  territories  thereof,  from  or  during  the 
continuance  of  any  voyage  or  cruise,  produce  his  commission  for  such 
vessel,  and  deliver  up  such  journal  so  kept  as  aforesaid,  signed  with  his 
proper  name  and  handwriting,  to  the  collector  or  other  chief  officer  of 
the  customs,  at  or  nearest  to  such  port ;  the  truth  of  which  journal  shall 
be  verified  by  the  oath  of  the  commanding  officer  for  the  time  being, 
and  such  collector  or  other  chief  officer  of  the  customs  shall,  immediately 
on  the  arrival  of  such  vessel,  order  the  proper  officer  of  the  customs  to 
go  on  board  and  take  an  account  of  the  officers  and  men,  the  number 
and  nature  of  the  guns,  and  whatever  else  shall  occur  to  him,  on  exami- 
nation, material  to  be  known ;  and  no  such  vessel  shall  be  permitted  ta 
sail  out  of  port  again,  after  such  arrival,  until  such  journal  shall  have 
been  delivered  up,  and  a  certificate  obtained  under  the  hand  of  such 
collector  or  other  chief  officer  of  the  customs,  that  she  is  manned  and 
armed  according  to  her  commission ;  and  upon  delivery  of  such  certi- 
ficate, any  former  certificate  of  a  like  nature,  which  shall  have  beea 
obtained  by  the  commander  of  such  vessel,  shall  be  delivered  up. 

Sec.  1 1.  And  be  it  furthtr  enacted^  That  captains  and  commanders 
of  vessels  having  letters  of  marque  and  reprisal,  in  case  of  falling  in  with 
any  of  the  vessels  of  war  or  revenue  of  the  United  States^  shall  produce 
to  the  commanding  officer  of  such  vessels  their  journals,  commissions 
and  certificates  as  aforesaid;  and  the  commanding  officers  of  such  ships 
of  war  or  revenue,  shall  make,  respectively,  a  memorandum  in  such 
journal  of  the  day  on  which  it  was  so  produced  to  him,  and  shall  sub- 
scribe his  name  to  it:  and  in  case  such  vessel,  having  letters  of  marque 
as  aforesaid,  shall  put  into  any  foreign  port  where  there  is  an  American 
consul  or  other  public  agent  of  the  United  States,  the  commander  shall 
produce  his  journal,  commission  and  certificate  aforesaid,  to  such  consul 
or  agent,  who  may  go  on  board  and  number  the  officers  and  crew  and 
examine  the  guns,  and  if  the  same  shall  not  correspond  with  the  com- 
mission and  certificate  respectively,  such  consul  or  agent  shall  forthwith 
communicate  the  same  to  the  Secretary  of  the  Navy. 

Sec.  12.  And  be  it  further  enacted^  That  the  commanders  of  vessels 
having  letters  of  marque  and  reprisal  as  aforesaid,  neglecting  to  keep  a 
journal  as  aforesaid,  or  wilfully  making  fraudulent  entries  therein,  or 
obliterating  any  material  transactions  therein,  where  the  interest  of  the 
United  States  is  in  any  manner  concerned,  or  refusing  to  produce  such 
journal,  commission  or  certificate,  pursuant  to  the  preceding  section  of 
this  act,  then  and  in  such  cases,  the  commissions  or  letters  of  marque 
and  reprisal  of  such  vessels,  shall  be  liable  to  be  revoked ;  and  such  com- 
manders, respectively  shall  forfeit  for  every  such  offence  the  sum  of  one 
thousand  dollars,  one  moiety  thereof  to  the  use  of  the  United  States,  and 
the  other  to  the  informer. 


TWELFl^  CONGRESS.    Sess.  I.  Gb.107.  1812. 


7G8 


Sec.  13.  And  be  it  further  enacted^  That  the  owners  or  coromandere 
of  vessels  having  letters  of  marque  and  reprisal  as  aforesaid,  who  shall 
violate  any  of  the  acts  of  Congress  for  the  collection  of  the  revenue  of 
the  United  States  and  for  the  prevention  of  smuggling,  shall  forfeit  the 
commission  or  letters  of  marque  and  reprisal,  and  they  and  the  vessels 
owned  of  commanded  by  them,  shall  be  liable  to  all  the  penalties  and 
forfeitures  attaching  to  merchant  vessels  in  like  cases. 

Sec.  14.  And  he  it  further  enacted^  That  so  much  of  any  act  or  acta 
as  prohibits  the  importation  of  goods,  wares  and  merchandise,  of  the 
growth,  produce  and  manufacture  of  the  dominions,  colonies  and 
dependencies  of  the  United  Kingdom  of  Great  Britain  and  Jreland,  or 
of  goods,  wares  and  merchandise  imported  from  the  dominions,  colonies, 
and  dependencies  of  the  United  Kingdom  of  Great  Britain  and  Ireland, 
be,  and  the  same  is  hereby  repealed,  so  far  as  the  same  may  prohibit  the 
importation  or  introduction  into  the  United  States  and  their  territories 
of  such  goods,  wares  and  merchandise  as  may  be  captured  from  the 
enemy  and  made  good  and  lawful  prize  of  war,  either  by  vessels  having 
letters  of  marque  and  reprisal  or  by  the  vessels  of  war  and  revenue  of 
the  United  States.  And  all  such  goods,  wares  and  merchandise,  when 
imported  or  brought  into  the  United  States  or  their  territories,  shall  pay 
the  same  duties,  to  be  secured  and  collected  in  the  same  manner  and 
under  the  same  regulations,  as  the  like  goods,  wares  and  merchandise,  if 
imported  in  vessels  of  the  United  States  from  any  foreign  port  or  place, 
in  the  ordinary  course  of  trade,  are  now  or  may  at  the  time  be  liable  to 
pay. 

Sec.  15.  And  he  it  farther  enacted^  That  all  offences  committed  by 
any  officer  or  seaman  on  board  any  such  vessel,  having  letters  of  marque 
and  reprisal,  during  the  present  hostilities  against  Great  Britain,  shall 
be  tried  and  punished  in  such  manner  as  the  like  offences  are  or  may 
be  tried  and  punished  when  committed  by  any  person  belonging  to  the 
public  ships  of  war  of  the  United  States:  Provided  always^  that  all 
offenders  who  shall  be  accused  of  such  crimes  as  are  cognizable  by  a 
court  martial,  shall  be  con6ned  on  board  the  vessel  in  which  such 
oflence  is  alleged  to  have  been  committed,  until  her  arrival  at  some  port 
in  the  United  States  or  their  territories;  or  until  she  shall  meet  with  one 
or  more  of  the  public  armed  vessels  of  the  United  States  abroad,  the 
officers  whereof  shall  be  sufficient  to  make  a  court  martial  for  the  trial 
of  the  accused ;  and  upon  application  made,  by  the  commander  of  such 
vessel,  on  board  of  which  the  offence  is  alleged  to  have  been  committed, 
to  the  Secretary  of  the  Navy,  or  to  the  commander  or  senior  officer  of 
the  ship  or  ships  of  war  of  the  United  States  abroad  as  aforesaid,  the  Secre- 
tary of  the  Navy,  or  such  commander  or  officer,  is  hereby  authorized  to 
order  a  court  martial  of  the  officers  of  the  navy  of  the  United  States,  for 
the  trial  of  the  accused,  who  shall  be  tried  by  the  said  court. 

Sec.  16.  And  he  it  farther  enacted,  That  an  act,  entituled  "An  act 
laying  an  embargo  on  all  the  ships  and  vessels  in  the  ports  and  harbors 
of  the  United  States  for  a  limited  time,"  passed  the  fourth  day  of  April, 
one  thousand  eight  hundred  and  twelve;  and  an  act,  entituled  "An  act 
to  prohibit  the  exportation  of  specie,  goods,  wares  and  merchandise,  for 
a  limited  time,"  passed  April  fourteenth,  one  thousand  eight  hundred 
and  twelve,  so  far  as  they  relate  to  ships  and  vessels  having  commissions 
or  letters  of  marque  and  reprisal,  or  sailing  under  the  same,  be,  and 
they  hereby  are  respectively  repealed. 

Sec.  17.  And  be  it  further  enacted,  That  two  per  centum  on  the  net 
amount  (after  deducting  all  charges  and  expenditures)  of  the  prize  money 
arising  from  captured  vessels  and  cargoes,  and  on  the  net  amount  of 
the  salvage  of  vessels  and  cargoes  recaptured  by  the  private  armed  ves- 
sels of  the  United  States,  shall  be  secured  and  paid  over  to  the  collector 
or  other  chief  officer  of  the  customs  at  the  port  or  place  in  the  United 


Owneri  ofpti- 
vateers,    how 
punifhable  for 
violating    itv«. 
nuo  lawi  of  tb« 
United  StatM. 


Non-importi- 
tion  law,  so  fkr 
MM  it  concenis 
prise  gooda,  du* 
penaed  with. 


Act  of  Aognat 
2,  1813,  ch.  48. 

OfTencea  on 
board  private 
armed  Teatela, 
how  pnniaha- 
ble. 


Partf  of  em- 
baigo  and  non- 
eiportation  lawa 
repealed,  so  far 
at  they  relate  to 
private  armed 
▼easels. 

Act  of  April 
4,  1812,  ch.  49. 

Act  of  April 
l4,181S,ch.d6. 

Commissions 
to  the  collec- 
tors  and  con- 
suls open  prise 
goods :  to  what 
nsea  to  be  ap- 
plied* 


744 


TWELFTH  CONGRESS.    Sbh.  L  C^  108, 109.    1813. 


Statep^  m  which  sach  captored  or  leeaptored  ▼cjmIs  may  arrive;  or  to 
the  consul  or  other  pablic  ajrent  of  the  United  States  residing  at  the 
port  or  placQ,  not  within  the  United  States,  at  which  soeh  captured  or 
recaptaied  Teasels  may  arrire.  And  the  monies  arising  therefrom,  shall 
be  held  and  hereby  is  pledged  by  the  goremment  of  Uie  United  States 
as  a  fund  for  the  support  and  maintenance  of  the  widows  and  orphans 
of  such  persons  as  may  be  slain ;  and  for  the  support  and  maintenance 
of  sqch  persons  as  may  be  wounded  and  disabled  on  board  of  the  private 
armed  resseb  of  the  United  States,  in  any  engagement  with  the  enemy, 
to  be  assigned  and  distributed  in  such  manner  as  shall  hereafter  by  law 
be  provided. 
Approted,  June  26, 1812. 


Btatvts  I. 


Jiiii«  S6, 181S.     Cmaw.  CV1II_^  Jdfor  the  more  oerfeei  mrgnixtdUm  tf  tU  Jrmff  of  Oe 
-— r~; — —  United  Staiei. 


[Olwoleta.] 

Act  of  March 
S,1815,cIl78. 

OrgsjiiutaoB 
of  tbo  annj. 

Infkntnr  to 
eoofutoftwen- 
ty-fivo    r^. 


Whtt  each 
company  U  to 
contist  of. 

Act  of  Jan.  11, 
l8iS,  ch.  14. 
Riding  master. 


Act  of  April 
12, 1806,  cb.  43. 
Surgeon'! 


What  each 
troop  of  cav- 
alry, ke.  shall 
coniiat  of,  fcc. 


Several  mili. 
tary  eatabliah. 
mentt  incorpo- 
rated. 

Act  of  April 
13, 1908,  ch.  43. 


StatutbI. 
Jane  26, 181S. 


President  of 
the  U.  States  and 
the  state  of  Vir. 
ginia  to  appoint 
oommisaioneri, 
kc. 


Be  it  enaded  by  the  Semaie  and  House  4^Ripre$e9Uaiive$  of  the  Umied 
8iaies  of  America  in  Congress  assembled.  That  the  infimtry  of  the  army 
of  the  United  States  shall  consist  of  twenty-five  regiments,  and  that  a 
regiment  shall  consist  of  one  colonel,  one  lieutenant-colond,  one  miyor, 
one  adjutant,  one  paymaster,  one  quartermaster,  one  surgeon,  two  sur- 
geon's mates,  one  sergeant  major,  one  quartermaster's  sergeant,  two 
principal  musicians,  and  ten  companies. 

Sec.  2.  And  be  it  further  enacted,  That  each  company  shaD  consist 
of  one  captain,  one  first  lieutenant,  one  second  lieutenant,  one  ensign, 
four  sergeants,  six  corporals,  two  musicians,  and  ninety  privates. 

Sec.  3.  And  be  it  further  enacted,  That  to  the  regiment  of  cavalry, 
authorized  by  the  act  passed  January  eleventh,  one  tl^usand  eight  hun- 
dred and  twelve,  entituled  ''An  act  to  raise  an  additional  military  force," 
there  shall  be  added  one  riding  master ;  and  to  the  regiment  of  light 
dragoons,  authorized  by  the  act  passed  April  twelfth,  one  thousand  eight 
hundred  and  eight,  entituled  *'  An  act  to  raise,  for  a  limited  time,  an  ad- 
ditional military  force,"  one  surgeon's  mate. 

Src.  4.  And  be  it  further  enacted.  That  each  troq>  of  cavalry  or  light 
dragoons  shall  consist  of  one  captain,  one  first  lieutenant,  one  second 
lieutenant,  one  cornet,  four  sergeants,  six  corporals,  two  musicians,  one 
master  of  the  sword,  one  saddler,  one  farrier,  one  blacksmith,  and  sixty- 
four  privates,  and  the  pay  and  emolument  of  a  master  of  the  sword  shall 
be  the  same  as  those  of  a  riding  master,  and  the  pay  and  emolument 
of  a  blacksmith  shall  be  the  same  as  those  of  a  farrier. 

Sec.  5.  And  he  it  further  enacted.  That  the  military  establishment 
authorized  by  law  previous  to  the  twelfth  day  of  April,  one  thousand 
eight  hundred  and  eight,  and  the  additional  military  force  raised  by  vir- 
tue of  the  act  of  the  twelfth  of  April,  one  thousand  eight  hundred  and 
eight,  be  and  the  same  are  hereby  incorporated,  and  that  fi'om  and  after 
the  passing  of  this  act  the  promotions  shall  be  made  through  the  lines 
of  artillerists,  light  artillery,  dragoons,  riflemen  and  infantry  respective- 
ly, according  to  established  rule. 

Approved,  June  26,  1812. 


Chap.  CIX,— ^n  Act  to  aacertain  the  weetem  boundary  of  the  tract  rtserved/br 
aaiitfying  the  military  bouniieM  allowed  to  the  offken  and  soUiers  if  the  Virginia 
Line  on  Oontintnlal  EUabUehment, 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  'That  the  President  of  the 
United  States  shall  be,  and  he  is  hereby  authorized  by  and  with  the 
advice  and  consent  of  the  Senate,  to  appoint  three  commissioners  on  the 


TWELFTH  CONGRESS.    Spss.  L  Ch.  110.  1810. 


905 


part  of  the  United  States,  to  act  with  aucb  cominianonera  as  may  be  ap- 
pointed by  the  state  of  Virginia,  and  the  commissioners  thas  appointed 
shall  have  full  power  and  authority  to  ascert^n,  surrey  and  mark,  ao 
cording  to  the  true  intent  and  meaning  of  the  condition,  touching  the 
lailitary  reservation,  in  the  deed  of  cession  from  the  sute  of  Virginia 
to  the  United  States,  of  the  land  northwest  of  the  river  Ohio,  the  west- 
wardly  boundary  line  of  said  reservation  between  the  Little  Miami  and 
Scioto  rivers. 

Sec.  2.  And  be  it  further  enacted,  That  the  commissioners  appointed 
by  the  United  States  shall  meet  at  Xenia  in  the  state  of  Ohio,  on  the 
fifth  day  of  October  next,  for  the  purpose  of  ascertaining  the  said  line, 
unless  otherwise  directed  by  the  President  of  the  United  States ;  and  in 
case  they  shall  not  be  met  by  commissioners  appointed  on  the  part  of 
the  sUte  of  Virginia,  within  six  days  after  the  said  fifth  day  of  October 
next,  the  commissioners  appointed  on  the  part  of  the  United  States  shall 
proceed  to  ascertain,  survey  and  distinctly  mark  the  said  boundary  line, 
according  to  the  true  intent  and  meaning  of  the  said  act  of  cession ;  in 
measuring  the  said  line,  whether  accompanied  by  the  commissioners  on 
the  part  of  Virginia  or  not,  or  in  case  of  disagreement,  they  shall  note 
the  intersections,  if  any,  of  said  line  with  any  surveys  heretofore  autho- 
rized by  the  United  States,  all  water  courses,  the  quality  of  the  land  over 
which  the  line  passes  and  any  other  matter  which  in  their  opinion  re- 
quires notice.  The  said  commissioners  shall  make  a  plat  of  said  line, 
its  intersections,  with  notes  and  references,  which  shall  be  signed  and 
returned  by  the  said  commissioners  to  the  commissioner  of  the  genera) 
land-office,  accompanied  by  a  written  report,  on  or  before  the  fifth  day 
of  January  next,  unless  the  time  of  meeting  shall  have  been  prolonged 
by  the  President  of  the  United  States,  who  shall  lay  copies  of  the  same 
before  both  houses  of  Congress  at  their  next  session. 

Sec.  3.  And  be  it  further  enacted.  That  the  commissioners  aforesaid 
shall  have  power  to  engage  a  skilful  surveyor,  who  shall  employ  chain 
carriers  and  a  marker,  and  shall  be  allowed  four  dollars  for  every  mile 
actually  surveyed  and  marked  under  direction  of  the  said  commissioners, 
in  performance  of  the  duties  assigned  them ;  and  the  commissioners  ap- 
pointed on  the  part  of  the  United  States  shall  each  receive  five  dollars 
for  each  day  he  shall  be  necessarily  employed  in  performance  of  the 
duties  required  of  them  by  this  act,  which  compensation  to  the  surveyor 
and  commissioners  shall  be  paid  out  of  any  monies  in  the  treasury  not 
otherwise  appropriated  by  law. 

Sec.  a.  And  be  it  further  enacted.  That  until  the  westwardly  bound- 
ary line  of  the  said  reservation  shall  be  finally  established  by  the  agree- 
ment and  consent  of  the  United  States  and  the  state  of  Virginia,  the 
boundary  line  designated  by  an  act  of  CoAgress  passed  on  the  23d  day 
of  March,  one  thousand  eight  hundred  and  four,  shall  be  considered  and 
held  as  the  proper  boundary  line  of  the  aforesaid  reservation. 

Sec.  5.  And  be  it  further  enacted.  That  it  shall  be  the  duty  of  the 
Secretary  of  State  to  transmit  an  authenticated  copy  of  this  act  to  the 
governor  of  Virginia  within  twenty  days  after  its  passage. 

Appboved,  June  26,  1812. 


to  meet  stXe- 
nia. 


Duty  of 


A  plat  to  b« 
made  and  !«• 
toraed    to   tlie 


of  the  ffeneral 


)  mnen 
office. 


Sanreyor,  kc* 
to  be  engaged. 


Pay    of    tlio 


Temponry 
boundary  line. 


March  S3, 1804, 
ch.  8S. 


A  copy  of  this 
act  to  be  trana* 
nutted  to  the 
governor  of  Vir. 
ginia. 

Statute  I. 


Crap.  CX.»-^n  Jet  eof^ming  claimi  to  landt  in  the  Munnippi  territory ^    j^^^  3q^  ^Slt. 
founded  on  warrante  of  ewrvey  granted  by  the  Brituh  or  Sjpamih  govern^ 
ment.(a) 


Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  Ajnerica  in  Congress  assembled.  That  every  person,  and  the 
legal  representative  of  every  person  claiming  lands  in  the  Mississippi 


Act  of  March 
8,1803,cb.S7. 


Certain  claims 
confirmed. 


(A  See  notes  to  thd  act  of  March  S,  1808,  chap.  37* 


704 


TWELFTH  CONGRESS.    Sbss.  I.  Cv.  106, 1Q9.    1813. 


States,  ^i  which  sqch  captared  or  rec^ptared  vessels  may  arrWe;  or  to 
the  coQsul  or  other  public  agent  of  the  United  States  residing  at  the 
port  or  placQ,  not  within  the  United  States,  at  which  such  captured  or 
^recaptured  vessels  may  arrive.  And  the  monies  arising  therefrom,  ahall 
be  held  and  hereby  is  pledged  by  the  government  of  the  United  States 
as  a  fund  for  the  support  and  maintenance  of  the  widows  and  orphans 
of  such  persons  as  may  be  slain ;  and  for  the  support  and  maintenance 
of  sqch  persons  as  may  be  wounded  and  disabled  on  board  of  the  private 
armed  vessels  of  the  United  States,  in  any  engagement  with  the  enemy, 
to  be  assigned  and  distributed  in  such  manner  as  shall  hereafter  by  law 
be  provided. 

Approved,  June  26,  1812. 


Btatuth  I. 
June  26, 1812. 

[ObMlete.] 

Act  of  March 
8, 1815,  ch.  78. 

Orguiiution 
of  the  annj. 

Infkntnr  to 
conrist  of  twen- 
ty-five   r^. 
menta. 

What  each 
company  ia  to 
conaiat  of. 

4etof  Jan.ll, 
18i2,  ch.  14. 
Riding  maater. 


Act  of  April 
12, 1806,  ch.  43. 

Sargeon*a 
mate. 

What  each 
troop  of  cav- 
alry, fcc.  aball 
conaiat  of,  fcc. 


Severa]  mili- 
tary  eatablish- 
n&enta  incorpo- 
rated. 

Act  of  April 
12, 1808,  ch.  43. 


Statutb  I. 
Jane  26, 1812. 


Preaident  of 
theU.Stataaand 
theatateofVir. 
giaia  to  appoint 
eommiaaioneri, 
kc. 


Cqap.  CVIIJ. — Jn  Jet  for  the  more  peifed  organixation  tf  the  Army  tf  the 

Dfiited  States. 

Be  it  enacted  by  the  Senate  and  House  of  RepresentoHves  of  the  United 
States  of  America  in  Congress  assembled.  That  the  infantry  of  the  army 
of  the  United  States  shall  consist  of  twenty-five  regiments,  and  that  a 
regiment  shall  consist  of  one  colonel,  one  lieutenant-colonel,  one  major, 
one  adjutant,  one  paymaster,  one  quartermaster,  one  surgeon,  two  sur- 
geon's mates,  one  sergeant  major,  one  quartermaster's  sergeant,  two 
principal  musicians,  and  ten  companies. 

Sec.  2.  And  he  it  jurthir  enacted,  That  each  company  shall  consisl 
of  one  captain,  one  first  lieutenant,  one  second  lieutenant,  one  ensign, 
four  sergeants,  six  corporals,  two  musicians,  and  ninety  privates. 

Sec.  3.  And  be  it  further  enacted.  That  to  the  regiment  of  cavalry, 
authorized  by  the  act  passed  January  eleventh,  one  thousand  eight  hun- 
dred and  twelve,  entituled  **An  act  to  raise  an  additional  military  force," 
there  shall  be  added  one  riding  master;  and  to  the  regiment  of  light 
dragoons,  authorized  by  the  act  passed  April  twelfth,  one  thousand  eight 
hundred  and  eight,  entituled  *'  An  act  to  raise,  for  a  limited  time,  an  ad- 
ditional military  force,"  one  surgeon's  mate. 

Sec.  4.  And  be  it  further  enacted.  That  each  tnx^  of  cavalry  or  light 
dragoons  shall  consist  of  one  captain,  one  first  lieutenant,  one  second 
lieutenant,  one  cornet,  four  sergeants,  six  corporals,  two  musicians,  one 
master  of  the  sword,  one  saddler,  one  farrier,  one  blacksmith,  and  sixty- 
four  privates,  and  the  pay  and  emolument  of  a  master  of  the  sword  shall 
be  the  same  as  those  of  a  riding  master,  and  the  pay  and  emolument 
of  a  blacksmith  shall  be  the  same  as  those  of  a  farrier. 

Sec.  5.  And  be  it  further  enacted,  That  the  military  establishment 
authorized  by  law  previous  to  the  twelfth  day  of  April,  one  thousand 
eight  hundred  and  eight,  and  the  additional  military  force  raised  by  vir- 
tue of  the  act  of  the  twelfth  of  April,  one  thousand  eight  hundred  and 
eight,  be  and  the  same  are  hereby  incorporated,  and  that  from  and  after 
the  passing  of  this  act  the  promotions  shall  be  made  through  the  lines 
of  artillerists,  light  artillery,  dragoons,  riflemen  and  infantry  respective- 
ly, according  to  established  rule. 

Appboved,  June  26,  1812. 


Chap.  CIX.— .^  Act  to  aaeertain  the  western  boundary  ef  the  tract  rtservedfbr 
saiitfying  the  military  bounties  allowed  to  the  offkers  and  soldiers  tf  the  Ftrginia 
Line  on  Continental  JEstabUshment, 

Pe  it  enacted  by  the  Senate  and  House  of  Renresentatives  of  the  United 
States  of  America  in  Congress  assembled,  'That  the  President  of  the 
United  States  shall  be,  and  he  is  hereby  authorized  by  and  with  the 
advice  and  consent  of  the  Senate,  to  appoint  three  commissioners  on  the 


TWELFTH  CONGRESS.    Sm.  I.  Cb.  IIO.  1810. 


905 


part  of  the  United  States,  to  act  with  aucb  Qommisaioiiera  as  may  be  ap- 
pointed by  the  state  of  Virginia,  and  the  commissioners  thas  appointai 
shall  have  full  power  and  authority  to  ascert^n,  surrey  and  mark,  ac- 
cording to  the  true  intent  and  meaning  of  the  condition,  touching  the 
lailitary  reservation,  in  the  deed  of  cession  from  the  state  of  Virginia 
to  the  United  States,  of  the  land  northwest  of  the  rirer  Ohio,  the  west- 
wardly  boundary  line  of  said  resenration  between  the  l4ttle  Miami  and 
Scioto  rivers. 

Sec.  2.  And  be  it  further  enacted^  That  the  commissioners  appointed 
by  the  United  States  shall  meet  at  Xenia  in  the  state  of  Ohio,  on  the 
fifth  day  of  October  next,  for  the  purpose  of  ascertaining  the  said  line, 
unless  otherwise  directed  by  the  President  of  the  United  States ;  and  in 
case  they  shall  not  be  met  by  commissioners  appointed  on  the  part  of 
the  state  of  Virginia,  within  six  days  after  the  said  fifth  day  of  October 
next,  the  commissioners  appointed  on  the  part  of  the  United  States  shall 
proceed  to  ascertain,  survey  and  distinctly  mark  the  said  boundary  line, 
according  to  the  true  intent  and  meaning  of  the  said  act  of  cession ;  in 
measuring  the  said  line,  whether  accompanied  by  the  commissioners  on 
the  part  of  Virginia  or  not,  or  in  case  of  disagreement,  they  shall  note 
the  intersections,  if  any,  of  said  line  with  any  surveys  heretofore  autho- 
rized by  the  United  States,  all  water  courses,  the  quality  of  the  land  over 
which  the  line  passes  and  any  other  matter  which  in  their  opinion  re- 
quires notice.  The  said  commissioners  shall  make  a  plat  of  said  line, 
its  intersections,  with  notes  and  references,  which  shall  be  signed  and 
returned  by  the  said  commissioners  to  the  commissioner  of  the  general 
land-office,  accompanied  by  a  written  report,  on  or  before  the  fifth  day 
of  January  next,  unless  the  time  of  meeting  shall  have  been  prolonged 
by  the  President  of  the  United  States,  who  shall  lay  copies  of  the  same 
before  both  houses  of  Congress  at  their  next  session. 

Sec.  3.  And  he  it  further  enacted^  That  the  commissioners  aforesaid 
shall  have  power  to  engage  a  skilful  surveyor,  who  shall  employ  chain 
carriers  and  a  marker,  and  shall  be  allowed  four  dollars  for  every  mile 
actually  surveyed  and  marked  under  direction  of  the  said  commissioners, 
in  performance  of  the  duties  assigned  them ;  and  the  commissioners  ap- 
pointed on  the  part  of  the  United  States  shall  each  receive  five  dollars 
for  each  day  he  shall  be  necessarily  employed  in  performance  of  the 
duties  required  of  them  by  this  act,  which  compensation  to  the  surveyor 
and  commissioners  shall  be  paid  out  of  any  monies  in  the  treasury  not 
otherwise  appropriated  by  law. 

Sec.  a.  And  be  it  further  enaeted^  That  until  the  westwardly  bound- 
ary line  of  the  said  reservation  shall  be  finally  established  by  the  agree- 
ment and  consent  of  the  United  States  and  the  state  of  Virginia,  the 
boundary  line  designated  by  an  act  of  Congress  passed  on  the  23d  day 
of  March,  one  thousand  eight  hundred  and  four,  shall  be  considered  and 
held  as  the  proper  boundary  line  of  the  aforesaid  reservation. 

Sec.  5.  And  be  it  further  enacted^  That  it  shall  be  the  duty  of  the 
Secretary  of  State  to  transmit  an  authenticated  copy  of  this  act  to  the 
governor  of  Virginia  within  twenty  days  after  its  passage. 

Appboved,  June  26,  1812. 


ComiiiiaaioD«n 
to  meet  fttX«. 


Dntjof 
miMionen, 


A  plat  to  b« 
made  ud  ro* 
turned    to   tlie 


of  the  mneral 
lud-offica. 


Sanreyor,  kc» 
to  be  engaged. 


Pay    of    tlio 
commianonen. 


Temporary 
boundary  line. 


March  S3, 1804, 
ch.  8S. 


A  copy  ofthia 
act  to  be  trana* 
mitted  to  the 
governor  of  Vir- 
ginia. 

Statvtk  I. 
June  30, 1812. 


Crap.  CX. — An  Act  confirming  elainu  to  landt  in  the  Mitnatippi  territory^ 
founded  on  warronU  cf  eurvey  granted  by  the  BritiMh  or  Spaniih  govern^ 

^  *  8, 1803,  ch.  S7. 
Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 

States  of  America  in  Congress  assembled^  That  every  person,  and  the  ceruin  claims 

legal  representative  of  every  person  claiming  lands  in  the  Mississippi  confirmed. 

(0)  See  notea  to  th€  act  of  March  8, 1808,  chap.  37. 


7e6 


TWELFTH  CONGRESS.    Sess.  I.  Ch.  IIL  1812. 


Act  or  March 
81, 1808,  ch.  40. 


Re^ster   and 
receiver  to 
make   out  cer- 
tificates  of  con- 
firmation. 


Patonta  to  be 
granted  on  aach 
oertificatea. 

Proviso. 


Proviio. 


This  act  not 
to  affect  judicial 
decisions  of  a 
certain  kind. 


territory  by  virtae  of  a  British  or  Spaaish  warrant  or  order  of  BUTvef^ 
granted  prior  to  the  twenty-seventh  day  of  October,  one  thousand  seven 
hundred  and  ninety-five,  who  were  on  that  day  actually  resident  in  the 
said  territory,  and  whose  claims  have  been  regularly  filed  with  the  proper 
register  of  the  land-office  east  and  west  of  Pearl  river,  according  to  law, 
and  reported  to  Congress,  agreeably  to  the  fourth  section  of  the  act  enti- 
tuled  **  An  act  concerning  the  sale  of  the  lands  of  the  United  States,  and 
for  other  purposes,"  passed  on  the  thirty-first  day  of  March,  one  thou- 
sand eight  hundred  and  eight,  be  and  they  are  hereby  confirmed  in  their 
rights  to  land  so  claimed.  And  the  register  and  receiver  of  public 
monies  for  the  district  within  which  the  lands  may  lie,  are  authorized 
and  required  to  make  out  to  such  claimant  or  claimants,  entitled  thereto 
by  the  provisions  of  this  act,  a  certificate  of  confirmation,  for  each  of 
which  certificates  the  register  and  receiver  shall  each  receive  one  dollar, 
directed  to  the  commissioner  of  the  general  land-office ;  and  if  it  shall 
appear  to  the  satisfaction  of  the  said  commissioner  that  such  certificates 
have  been  fairly  obtained,  according  to  the  true  intent  and  meaning  of 
this  act,  then  and  in  that  case  patents  shall  be  granted  in  like  manner  as 
is  provided  by  law  for  the  other  lands  of  the  United  States :  Provided, 
that  no  person  shall  be  entitled  to  the  benefit  of  this  act  who  shall  not 
appear  by  the  report  made  to  Congress  as  aforesaid  or  by  the  records  of 
the  boards  of  commissioners  for  the  said  territory  to  have  been  a  resi- 
dent of  said  territory  on  the  twenty-seventh  day  of  October  one  thousand 
seven  hundred  and  ninety-five ;  nor  shall  any  person  be  entitled  to  the 
benefit  thereof  who  has  received  a  donation  grant  from  the  United  States: 
Provided  <dso,  that  not  more  than  six  hundred  and  forty  acres  shall  by 
virtue  of  this  act  be  granted  to  any  one  claim. 

Sec.  2.  And  be  it  further  enacted.  That  nothing  in  this  act  contained 
shall  be  construed  to  affect  the  decisions  of  the  courts  of  justice  in  the 
said  territory,  heretofore  made  respecting  the  claims,  or  any  part  thereof, 
embraced  by  the  preceding  section,  or  to  prevent  a  judicial  decision  be- 
tween the  holder  of  a  British  patent,  legally  and  fully  executed  and 
recorded  with  the  register  of  the  land-office  east  or  west  of  Pearl  river, 
and  the  persons  whose  claims  are  confirmed  by  the  preceding  section 
where  such  claims  interfere. 

Approved,  June  30,  1812. 


Statute  I.  — _ 

June  30, 1813.  Chap.  CXI. — Jn  Act  to  authorize  the  issuing  (f  Treaeurtf  Note$.{a) 

[Obsolete.]  Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 

States  of  America  in  Congress  assembled,  That  the  President  of  the 
United  States  be,  and  he  is  hereby  authorized  to  cause  treasury  notes 

(a)  Treasury  notes.  Acts  which  have  been  passed  relating  to  the  issue  and  reimbursement  of  Treasury 
notes : — 

An  act  to  authorize  the  issuing  of  treasury  notes,  June  30,  1812,  chap.  111. 

An  act  authorizing  the  issuing  of  treasury  notes  for  the  service  of  tne  year  1813,  February  25,  1813, 
chap.  27. 

An  act  to  authorite  the  issuing  of  treasury  notes  for  the  service  of  the  year  1814,  March  4,  1814, 
chap.  18. 

An  act  supplemental  to  the  act  authorizing  a  loan  for  the  several  sums  of  twenty-five  million!  of  dol- 
lars, and  three  millions  of  dollars,  December  26,  1814,  chap.  17. 

An  act  to  authorize  a  loan  for  a  sum  not  exceeiding  eighteen  million  five  hundred  and  fifly-two  doUan, 
March  3,  1815,  chap.  86,  sec.  7. 

An  act  to  authorize  the  payment  in  certain  caaes  on  account  of  treasury  notes  which  have  been  lost  or 
destroyed,  February  4,  1819,  chap.  13. 

An  act  to  authorize  the  issuing  of  treasury  notes,  October  12,  1837,  chap.  2. 

An  act  additional  to  the  act  on  the  subject  of  treasury  notes,  March  31,  1840,  chap.  5. 

An  act  to  authorize  the  issuing  of  treasury  notes,  February  15, 1841,  chap.  4. 

An  act  to  authorize  an  issue  of  treasury  notes,  January  31,  1842,  chap.  2. 

An  act  for  the  extension  of  the  loan  of  one  thousand  eight  hundred  and  forty-one,  and  for  an  additiott 
of  five  million  of  dollars  on  treasury  notes  due,  April  15,  1842,  chap.  14. 

An  set  to  limit  the  sale  of  public  stock  at  par,  and  to  authorize  the  issue  of  treasury  notet  in  lien 
thereof,  August  31,  1842,  chap.  287. 

An  act  authorizing  the  re-issuing  of  treasury  notes,  and  for  other  purposes,  March  3,  1843,  chap.  81. 

Civil  and  diplomatic  appropriation  act  of  June  17,  1844. 


TWELFTH  CONGRESS.    Sess.!.  Ch.  111.  1812. 


767 


for  Buch  sum  or  sums  as  he  may  think  expedietit,  bat  not  exceeding  in 
the  whole  the  sum  of  five  millions  of  dollars,  to  be  prepared,  signed  and 
issued  in  the  manner  herein  after  provided. 

Sec.  2.  And  be  it  fitrther  emuted,  That  the  said  treasury  notes  shall 
be  reimbursed  by  the  United  States,  at  such  places,  respectively,  as  may 
be  expressed  on  the  face  of  the  said  notes,  one  year,  respectively,  afler 
the  day  on  which  the  same  shall  have  been  issued :  from  which  day  of 
issue  they  shall  bear  interest,  at  the  rate  of  five  and  two-fifths  per  centum 
a  year,  payable  to  the  owner  and  owners  of  such  notes,  at  the  treasury, 
or  by  the  proper  commissioner  of  loans,  at  the  places  and  times  respect- 
ively designated  on  the  face  of  said  notes  for  the  payment  of  principal. 

Sec.  3.  And  be  it  further  enacted.  That  the  said  treasury  notes  shall 
be  respectively  signed,  in  behalf  of  the  United  States,  by  persons  to 
be  appointed  for  that  purpose  by  the  President  of  the  United  States :  two 
of  which  persons  shall  sign  each  note,  and  shall  each  receive,  as  a  com- 
pensation for  that  service,  at  the  rate  of  one  dollar  and  twenty-five  cents 
for  every  hundred  notes  thus  signed  by  them  respectively ;  and  the  said 
notes  shall  likewise  be  countersigned  by  the  commissioner  of  loans  for 
that  state  where  the  notes  may  respectively  be  made  payable. 

Sec.  4.  And  be  it  further  enacted,  That  the  Secretary  of  the  Trea- 
sury be,  and  he  is  hereby  authorized,  with  the  approbation  of  the  Presi- 
dent of  the  United  States,  to  cause  to  be  issued  such  portion  of  the  said 
treasury  notes  as  the  President  magr  think  expedient  in  payment  of  sup- 
plies, or  debts  due  by  the  United  States,  to  such  public  creditors,  or 
other  persons,  as  may  choose  to  receive  such  notes  in  payment,  as  afore- 
said, at  par :  and  the  Secretary  of  the  Treasury  is  further  authorized, 
with  the  approbation  of  the  President  of  the  United  States,  to  borrow, 
from  time  to  time,  not  under  par,  such  sums  as  the  President  may  think 
expedient,  on  the  credit  of  such  notes.  And  it  shall  be  a  good  execu- 
tion of  this  provision  to  pay  such  notes  to  such  bank  or  banks  as  will 
receive  the  same  at  par  and  give  credit  to  the  treasurer  of  the  United 
States  for  the  amount  thereof,  on  the  day  on  which  the  said  notes  shall 
thus  be  issued  and  paid  to  such  bank  or  banks  respectively. 

Sec.  5.  And  be  it  further  enacted,  That  the  said  treasury  notes  shall  be 
transferable  by  delivery  and  assignment  endorsed  thereon  by  the  person  to 
whose  order  the  same  shall,  on  the  face  thereof,  have  been  made  payable. 

Sec.  6.  And  be  it  further  enacted.  That  the  said  treasury  notes, 
wherever  made  payable,  shall  be  every  where  received  in  payment  of  all 
duties  and  taxes  laid  by  the  authority  of  the  United  States,  and  of  all 
public  lands  sold  by  the  said  authority.  On  every  such  payment,  credit 
shall  be  given  for  the  amount  of  both  the  principal  and  the  interest 
which,  on  the  day  of  such  payment,  may  appear  due  on  the  note  or  notes 
thus  given  in  payment.  And  the  said  interest  shall,  on  such  payments, 
be  computed  at  the  rate  of  one  cent  and  one  half  of  a  cent  per  day  on 
every  hundred  dollars  of  principal,  and  each  month  shall  be  computed 
as  containing  thirty  days. 

Sec.  7.  And  be  it  further  enacted,  That  any  person  making  payment 
to  the  United  States  in  the  said  treasury  notes  into  the  hands  of  any  col- 
lector, receiver  of  public  monies,  or  other  public  oflicer  or  agent,  shall, 
on  books  kept  according  to  such  forms  as  shall  be  prescribed  by  the 
Secretary  of  the  Treasury,  give  duplicate  certificates  of  the  number  and 
respective  amount  of  principal  and  interest  of  each  and  every  treasury 
note  thus  paid  by  such  person ;  and  every  collector,  receiver  of  public 
monies,  or  other  public  officer,  or  agent,  who  shall  thus  receive  any  of 
the  said  treasury  notes  in  payment,  shall,  on  payment  of  the  same  into 
the  treasury,  or  into  one  of  the  banks  where  the  public  monies  are,  or 
may  be  deposited,  receive  credit  both  for  the  principal  and  for  the  inter- 
est, computed  as  aforesaid,  which,  on  the  day  of  such  last  mentioned 
payment,  shall  appear  due  on  the  note  or  notes  thus  paid  in.     And  he 


President  to 
cauM  treasury 
notes  to  issue. 


Said  notes  to 
be  reimbursed. 


Notes  to  be 
signed. 


To  be  coun- 
tersigned. 


Secretary  of 
the  Treasury, 
under  the  direc- 
tion of  the  Pres- 
ident, to  cause  s 
portion  of  said 
notes  to  be  is- 
sued, fcc. 


The    notes 
transferable   by 
delivery  and  as- 
signment. 

To  be  receiv- 
ed in  payment 
of  duties  and 
taxes. 


Payment   of 
treasury  notes 
to    collectors, 
&c.  or   into 
banics  to  the 
credit  of  the 
United  SUtes. 


768 


TWELFTH  CONGRESS.    Scss.  I.  Cft.  111.  1813. 


Commiitiott- 
en  of  finking 
fond  to  reim- 
bane  principal 
and  intereat  of 
laid  Aotoa. 


Approprial 
for  laid  re 
bnnomeftt. 


ition 


Appropriation 
for  eipenaea. 


Paniihment 
for  coanterfoit- 
ing,kc. 


shall  be  charged  for  the  interest  accrued  on  such  note  or  notes  from  the 
day  on  which  the  same  6hall  have  been  received  by  him  in  payment,  as 
aforesaid,  to  the  day  on  which  the  same  shall  be  paid  by  him  as  afore- 
said :  Provided  (tboays,  that  no  such  charge  or  deduction  shall  be  made 
with  respect  to  any  bank  into  which  payments  as  aforesaid  may  be  made 
to  the  United  States,  either  by  individuals  or  by  collectors,  receivers  or 
other  public  officers  or  agents,  and  which  shall  receive  the  same  as 
specie,  and  give  credit  to  the  treasurer  of  the  United  States  for  the 
amount  thereof,  including  the  interest  accrued  and  due  on  such  notes 
on  the  day  on  which  the  same  shall  have  been  thus  paid  into  such  bank 
on  account  of  (he  United  States. 

Sec.  8.  And  be  it  further  enacted,  That  the  commissioners  of  the 
sinking  fund  be,  and  they  are  hereby  authorized  and  directed  to  cause 
to  be  reimbursed  and  paid  the  principal  and  interest  of  the  treasury  notes 
which  may  be  issued  by  virtue  of  this  act,  at  the  several  time  and  times 
when  the  same,  according  to  the  provisions  of  this  act,  should  be  thus 
reimbursed  and  paid.  And  the  said  commissioners  are  further  authorized 
to  make  purchases  of  the  said  notes,  in  the  same  manner  as  of  other  evi- 
dences of  the  public  debt,  and  at  a  price  not  exceeding  par,  for  the 
amount  of  the  principal  and  interest  due  at  the  time  of  purchase  on  such 
notes.  So  much  of  the  funds  constituting  (he  annual  appropriation  of 
eight  millions  of  dollars,  for  the  princioal  and  interest  of  the  public  debt 
of  the  United  States,  as  may  be  wanted  for  that  purpose,  after  satisfying 
the  sums  necessary  for  the  payment  of  the  interest  and  such  part  of  the 
principal  of  the  said  debt  a,s  the  United  States  are  now  pledged  annually 
to  pay  and  reimburse,  is  hereby  pledged  and  appropriated  for  the  pay- 
ment of  the  interest,  and  for  the  reimbursement  or  purchase  of  the  prin- 
cipal of  the  said  notes.  And  so  much  of  any  monies  in  the  treasury  not 
otherwise  appropriated  as  may  be  necessary  for  that  purpose,  is  hereby 
appropriated  for  making  up  any  deficiency  in  the  funds  thus  pledged  and 
appropriated  for  paying  the  principal  and  interest  as  aforesaid. 

Sec.  9.  And  he  it  further  enacted.  That  a  sum  of  twenty  thousand 
dollars,  to  be  paid  out  of  any  monies  in  the  treasury  not  otherwise  ap- 
propriated, be,  and  the  same  is  hereby  appropriated,  for  defraying  tbe 
expense  of  preparing,  printing,  engraving,  signing,  and  otherwise  inci« 
dent  to  the  issuing  of  the  treasury  notes  authorized  by  this  act 

Sec.  10.  And  be  it  farther  enacted.  That  if  any  person  shall  falsely 
make,  forge,  or  counterfeit,  or  cause  or  procure  to  be  falsely  made, 
forged  or  counterfeited,  or  willingly  aid  or  assist  in  falsely  making, 
forging  or  counterfeiting  any  note  irt  imitation  of  or  purporting  to  be  a 
treasury  note  aforesaid ;  or  shall  falsely  alter,  or  cause  or  procure  to  be 
falsely  altered,  or  willingly  aid  or  assist  in  falsely  altering  any  treasury 
note  issued  as  aforesaid;  or  shall  pass,  utter  or  publish,  or  attempt  to 
pass,  utter  or  publish,  as  true,  any  false,  forged  or  counterfeited  note, 
purporting  to  be  a  treasury  note  as  aforesaid,  knowing  the  same  to  be 
falsely  forged  or  counterfeited ;  or  shall  pass,  utter  or  publish,  or  attempt 
to  pass,  utter  or  publish,  as  true,  any  falsely  altered  treasury  note,  issued 
as  aforesaid,  knowing  the  same  to  be  falsely  altered ;  every  such  person 
shall  be  deemed  and  adjudged  guilty  of  felony,  and,  being  thereof  con- 
victed by  due  course  of  law,  shall  be  sentenced  to  be  imprisoned  and 
kept  to  hard  labour  for  a  period  not  less  than  three  years  nor  more  than 
ten  years,  and  be  fined  in  a  sum  not  exceeding  five  thousand  dollars. 

Approved,  June  30,  1812. 


Statotb  I. 

July  I,  181S. 

[Expired.] 
Act  of  March 
8, 1816,  ch.  99. 


Chap.  CXIT.— jJn  Ad  for  imponns  additional  duties  upon  aUgoodi,  wdTf,  and 
merehandiu  imported  from  any  fortignpoH  or  place,  and  for  other  purpoeeB. 

Bt  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  an  additional  duty  of  one 


TWELFTH  CONGRESS.    S»9.I.  Ch.118.  191» 


M9 


handred  per  centum  npoQ  the  permanent  duties  now  imposed  by  law, 
upon  goods,  wares  and  merchandise  imported  into  the  United  States, 
■hall  be  levied  and  collected  upon  all  goods,  wares  and  merchandise, 
which  shall,  from  and  afler  the  passing  of  this  act,  be  imported  into  the 
United  States  from  any  foreign  port  or  place. 

Ssa  2.  And  be  it  Jwiher  enaetedi  That  an  addition  often  percentnm 
thai]  be  made  to  the  several  duties  imposed  by  this  act,  in  respect  to  all 
such  goods,  wares  and  merchandise,  as  shall,  from  and  after  the  passing 
of  this  act,  be  imported  in  ships  or  vessels  not  of  the  United  States. 

Sbc.  3.  And  be  it  further  enacted^  That  on  all  ships  or  vessels  b^ 
longing  wholly  or  in  part  to  the  subjects  of  foreign  powers,  which  shall 
be  entered  in  the  United  Sutes,  or  the  territories  thereof,  there  shall  be 
paid  an  additional  duty  at  the  rate  of  one  dollar  and  fifty  cents  per  ton. 

Sec.  4.  And  be  it  further  enacted.  That  the  additional  duties  laid  by 
this  act  shall  be  levied  and  collected  in  the  same  manner,  and  under  the 
same  regulations  and  allowances,  as  to  drawbacks,  mode  of  security, 
and  time  of  payment  respectively,  as  are  prescribed  by  law  in  relation 
to  the  duties  now  in  force,  on  the  articles  on  which  the  said  additional 
duties  are  laid  by  this  act 

Sec  5.  And  be  it  further  enacted.  That  this  act  shall  continue  in 
force  so  long  as  the  United  States  shall  be  engaged  in  war  with  Great 
Britain,  and  until  the  expiration  of  one  year  after  the  conclusion  of 
peace,  and  no  lonffer:  Provided  however,  that  the  additional  duties 
laid  by  this  act  shall  be  collected  on  all  such  goods,  wares  and  merchan- 
dise, as  shall  have  been  previously  imported. 

Apfboted,  July  1, 1812. 


Crap.  CXIIL — Jn  Jet  ewppkmenUtry  to  an  ad  entitukd  **Jn  act  more  effeetualfy 
to  provide  for  the  organization  tf  the  MiHtia  tf  the  Di$triet  tf  OolumbiaJ** 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  from  and  after  the  pa^ 
sage  of  this  act,  the  muster  of  each  legion,  required  to  be  held  by  the 
act  to  which  this  is  a  supplement,  in  each  year,  may  be  held  in  either 
the  month  of  October  or  November,  as  the  commanding  officer  of  the 
brigade  may  appoint 

Sec.  2.  And  be  it  further  enacted,  That  so  much  of  the  eleventh  sec- 
tion of  the  act  to  which  this  is  a  supplement,  as  requires  that  there  shall 
be  a  muster  of  each  troop  of  cavalry  and  company  of  militia  compr^ 
bending  the  companies  made  up  by  voluntary  enrolment,  in  the  months 
of  July,  August  and  November,  and  all  the  twenty-second  section  of  the 
said  act,  be,  and  the  same  are  hereby  repealed. 

Sec.  3.  And  be  it  further  enacted,  That  the  battalion  courts  of 
inquiry,  mentioned  in  the  eighth  section  of  said  act,  shall  be  held  in  the 
months  only  of  July  and  November  in  each  year;  and  the  legionary  • 
courts  of  inquiry,  mentioned  in  the  said  section,  shall  be  respectively 
held  in  not  less  than  ten  nor  more  than  twenty  days  after  each  battalion 
court  of  inquiry :  Provided  however,  that  the  commanding  officer  of 
each  legion  shall  be  and  is  hereby  empowered  to  appoint  and  convene 
legionary  courts  extraordinary,  which  may  exercise  all  or  any  of  the 
powers,  and  perform  all  or  any  of  the  duties,  of  the  ordinary  legionary 
courts  of  inquiry,  except  the  power  of  assessing  fines  incurred  by  the 
officers  of  the  legion,  for  any  delinquency  or  neglect  of  duty,  other  than 
failing  to  attend  such  legionary  courts  extraordinary. 

Sec.  4.  And  be  it  further  enacted.  That  all  fines  to  be  assessed  under 
the  authority  of  the  act  last  aforesaid,  shall  be  certified  by  the  clerks  of 
the  legionary  and  battalion  courts  of  inquiry  respectively,  by  which  the 
same  shall  be  assessed,  to  the  marshal  of  the  district  of  Columbia,  and 

Vot.  II.— 97  3  T 


Aet  of  April  S7, 
1816.  eh.  107. 
Additional 
dotj  of  100  per 
cent,  on  foreign 
Soodt. 

Additional 
doty  of  ten  per 
cenL  on  goods 
imported  in  fo- 
reign Tesaele. 

Additional 
duty  on  ton- 
nage. 


Collection  of 
dutiee. 


Act  of  March 
9,1799,ch.SS. 


Continnanee 
of  this  act. 


Profieo. 


SrAnjTB  I. 


July  1,  181S. 

Aet  of  March 
S,180S,ch.S0. 

Legionary 
muaten. 


Part  of  former 
act  repealed. 

Ante,  page  S18. 


Battalion 
court!  of  in- 
quiry. 
Ante,  page  918. 


CoUeetioAor 


770 


TWELFTH  CONGRESS.    Sesb.  I.  Gh.113.  1813. 


CoUeetioa  of 


Squadron 
courts  of  in- 
quiry. 

CmTslrj  to  be 
■abject  to  le- 
gionary courts, 


PrOTiso. 


Orders  in  re- 
lation to  uni- 
form issued 
through  the  bri- 
gadier general 
to  be  obeyed. 


Ante,  page  2S4. 


80  certified,  shall  be  delivered  to  the  marshal  within  fifteen  days  after 
the  sitting  of  the  court  empowered  finally  to  determine,  and  be  shall 
ffive  a  receipt  therefor.  The  said  marshal  shall  forthwith  proceed  to  col- 
lect the  said  fines,  and  (should  any  person  fail  to  make  payment  when 
called  on)  to  levy  the  amount  with  costs  by  distress  and  sale  of  the  goods 
and  chattels  of  the  delinquent ;  which  costs  and  manner  of  proceeding 
shall  be  the  same  as  in  other  cases  of  distresses.  And  where  there  are 
no  goods  or  chattels  to  be  found  whereof  to  levy  the  said  fines,  the  mar- 
shal shall  commit  such  delinquent  to  jail,  and  hold  him  in  close  confine 
ment  during  the  term  of  twenty-four  hours,  for  each  and  every  fine  by 
him  payable  (unless  the  same  shall  be  sooner  paid)  in  the  same  manner 
as  other  persons  condemned  to  fine  and  imprisonment  at  the  suit  of  the 
United  States  may  be  committed ;  and  the  marshal  shall  account  for  all 
the  fines,  and  pay  such  as  have  been  by  him  levied,  to  the  paymaster  of 
the  legion,  from  which  he  shall  have  received  the  certified  lists,  within 
six  months  after  said  lists  may  have  been  delivered  to  him  respectively, 
deducting  from  the  amount  so  to  be  paid,  twelve  and  an  half  per  centum 
as  a  compensation  for  his  trouble;  and,  in  case  of  failure,  the  same  shall 
be  recovered  by  motion  in  the  circuit  court  of  the  district  of  Columbia, 
in  either  county  of  said  district,  in  the  name  of  the  paymaster  of  said 
legion,  with  twelve  and  an  half  per  centum  damages,  and  legal  interest 
on  the  amount  from  the  time  it  ought  to  have  been  paid,  and  costs  of 
suit :  Provided,  the  marshal  shall  have  had  ten  days'  notice  of  such  mo* 
tion.  And  should  it  happen  in  any  case,  during  the  pendency  of  pro* 
ceedings  and  before  payment  is  made  by  the  marshal,  that  the  paymaster 
in  whose  name  the  proceedings  are  going  on,  should  be  removed  from 
his  office  or  station,  it  shall  not  abate  or  in  any  manner  interrupt  or  affect 
the  proceedings,  but  the  name  of  the  succeeding  paymaster  may  be  sub- 
stituted until  the  proceedings  are  formally  closed. 

Sec.  5.  And  be  it  further  enacted.  That  where  any  fine  or  fines  shall 
have  been  collected  or  imposed,  the  delinquent  shall  be  at  liberty,  at  any 
time  within  twelve  months  after  such  imposition,  to  apply  to  any  of  the 
legionary  courts  to  return  or  remit  the  same,  and  the  court  is  hereby 
empowered  to  make  such  order  in  the  case  as  may  seem  to  them  or  a 
majority  of  them,  to  be  right  and  just. 

Sec.  6.  And  be  it  fitrther  enacted,  That  squadron  courts  of  inquiry, 
for  the  squadron  of  cavalry  within  the  district  of  Columbia,  shall  be 
separately  held  within  the  said  district;  but  whenever  a  legionary  court 
of  inquiry,  as  heretofore  by  law  directed,  shall  be  held,  the  cavalry 
within  the  limits  of  the  legion  for  which  such  court  may  be  held  shaU 
be  within  and  subject  to  iu  jurisdiction  and  authority ;  and  the  com- 
manding officers  of  the  squadron  and  companies  of  cavalry,  shall  be 
members  of  such  legionary  court  for  the  legion  within  which  they  shall 
respectively  reside :  Provided  however,  that  when  the  cavalry  shall  have 
been  established  or  formed  into  a  separate  legion,  there  shall  be  separate 
legionary  courts  held  by  and  for  them,  at  some  place  within  the  district ; 
both  the  squadron  and  legionary  courts  of  cavalry  to  be  respectively  for 
similar  purposes,  to  be  appointed  and  constituted  in  a  similar  manner, 
and  to  be  subject  to  the  same  rules  and  regulations  as  the  battalion  and 
legionary  courts  authorized  and  directed  by  the  act  to  which  this  is  a 
supplement. 

Sec.  7.  And  be  it  fitrther  enacted,  That  all  orders  in  relation  to  the 
procuring  or  wearing  of  such  uniform  and  equipments,or  either  of  them, 
as  shall  have  been  previously  determined  on,  which  shall  be  issued  and 
communicated  by  the  brigadier  general  to  the  officers  of  the  brigade,  or 
any  of  them,  shall  be  forthwith  obeyed;  and  for  every  disobedience  of 
any  such  order,  the  delinquent  shall  be  subject  to  the  penalty  or  fine 
prescribed  in  the  twenty-seventh  secUon  of  the  said  act  to  which  this  b 
a  supplement,  besides  being  subject  to  arrest. 


TWELFTH  CONGRESS.    Sess.  I.  Ch.  116, 117.    1812. 

Sec.  8.  And  be  it  Jurther  enacted^  That  the  anns  and  other  equip- 
ineuts  belonging  to  an  officer,  non-commissioned  officer  or  private^  be 
exempt  from  taxation  or  execution. 

Appbovbd,  JuJy  1, 1812. 


Chap.  CXV. — Jin  Jet  tofaeilitaie  the  irantfer  of  the  stoek  created  under  an  ad 
passed  on  the  tenth  ef  November^  one  thousand  eight  hundred  and  three* 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled^  That  the  stock  created  under 
the  act,  entitled  "An  act  authorizing  the  creation  of  a  stock  to  the 
amount  of  eleven  millions  two  hundred  and  fifty  thousand  dollars,  for 
the  purpose  of  carrying  into  effect  the  convention  of  the  thirtieth  of 
April,  one  thousand  eiffht  hundred  and  three,  between  the  United  States 
of  America  and  the  French  Republic,  and  making  provision  for  the 
payment  of  the  same,"  from  and  after  the  passing  of  this  act  shall  be 
transferable  in  the  same  manner  as  the  other  stocks  of  the  United  States 
are  or  shall  be  transferable  from  the  books  of  the  treasury  to  the  books 
of  any  commissioner,  and  from  the  books  of  one  commissioner  to  those 
of  another  commissioner  or  to  those  of  the  treasury. 

Approved,  July  1, 1812. 


Chap.  CXVII. — An  Act  eotf erring  certain  powers  on  the  Ltfoy  Oowrifor  the 
county  of  WaskingUm^  in  the  District  of  Cohmbia* 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  board  of  commis- 
sioners or  levy  court  for  the  county  of  Washington,  in  the  district  of 
Columbia,  be,  and  hereby  are  empowered  to  erect  and  maintain  a  peni- 
tentiary, to  be  erected  in  such  place  as  the  mayor,  aldermen  and  com- 
mon council  of  the  city  of  Washington  shall  designate. 

Sec.  2.  And  be  it  further  enacted.  That  the  lx>ard  of  commissioners 
or  levy  court  for  the  said  county  be  vested  with  full  power  to  lay  out, 
straighten  and  repair  public  roads  within  the  said  county,  except  within 
the  corporate  limits  of  the  city  of  Washington  and  Georgetown,  under 
the  conditions  herein  after  prescribed. 

Sec.  3.  And  be  it  further  enacted.  That  the  said  board  or  levy  court 
be  empowered  to  lay  out  and  mark  roads  through  any  such  part  of  the 
said  county :  Provided,  they  shall  not  exceed  one  hundred  feet  in  width, 
and  shall  not  pass  through  any  building,  garden  or  yard,  without  the 
consent  of  the  owner ;  and  a  reasonable  compensation,  if  required  by 
the  owner,  shall  be  made  for  the  land  thus  marked  and  laid  out,  which 
shall  be  fixed  in  the  following  manner :  On  laying  out  and  marking  any 
road,  six  weeks'  notice  thereof  shall  be  given  in  some  public  print,  pub- 
lished in  the  county.  In  case  any  owner  of  land,  through  which  the 
said  road  passes,  shall  require  compensation  therefor,  he  shall  within  two 
weeks  thereafter  apply  to  the  levy  court,  who  may  agree  with  him  for 
the  purchase  thereof;  and  in  case  of  disagreement,  or  in  case  the  ownet 
shall  be  a  feme  covert,  under  age,  or  non  compos,  or  out  of  the  county, 
on  application  to  any  justice  of  the  county,  to  be  made  within  two  weeks 
after  the  expiration  of  the  aforesaid  two  weeks,  the  said  justice  shall 
issue  his  warrant,  under  his  hand,  to  the  marshal  of  the  district  of 
Columbia,  commissioning  him  to  summon  twelve  freeholders,  inhabit- 
ants of  the  county,  not  related  to  the  said  owner,  nor  in  any  manner 
interested,  to  meet  on  the  land  to  be  valued  at  a  day  to  be  expressed  in 
the  warrant,  of  which  ten  days'  notice  shall  be  given  by  the  marshal  to 
the  levy  court,  and  to  the  owner  of  the  said  land,  or  left  at  his,  or  her 


771 

Am*  exempt 
fironi  UxatioB  ojr 
execution. 


BtatutbL 
Joly  1,  isia. 

Act  of  Not. 
10,1803,  ch.  8. 

Stock  trani- 
fermble  m  other 
•took,  from  the 
iMokt  of  the 
treasary  to  those 
of  any  commii. 
•ioner,  and  from 
the  bookt  of  one 
commissioner  to 
those  of  another 
k/c. 


StatutsI. 


jQly  1,  laii. 


Empowered 
toereetapen- 
itentiaiy. 


Vested  with 
power  to  lay 
out,  atraighten, 
and  repair  pub- 
lic roads. 


Proviao. 


Formalities  to 
be  observed  in 
exercising  the 
power  oflaying 
out  roads. 


779 


TWELFTH  CONGRESS.    Ssss.  I.  Ca.  117.  1812. 


Jaryto 
dainagM. 

0»lk 


Mantel  tad 
MTen  or  more 
of  the  Jqrj  to 
•ign  th«  ioquiii- 
tion,  ito. 

Valaatioii  to 
bo  paid  bj  the 


Connoa, 
boQoda  aod  plat 
oftheroadtobe 
returnod  to  th^ 
coaotj  clerks, 
Iko. 


StOBO,  graTol, 
or  other  male, 
liala  for  making 
Off  repairing  a 
road,  mav  be 
condemoea  on 
Taluation. 


Ante»  tee.  8. 


Growing  cropa 
not  to  be  ininr* 
ed. 


Peraona  alter- 
ing! obatraet- 
ing.  Or  injuring 
a  ^nblio  road, 
liable  to  indict* 
ment|  fine,  or 
impriaonment. 


LoTj  court 
may  laj  taxea, 
except  within 
the  limits  of 
the  city  of 
Waahington, 


place  of  abode,  or  given  to  his  or  her  ffuardiari,ifaninfant,orif  oatof 
the  county,  by  publishing  notice  thereof;  fbr  six  weeks  in  some  publio 
print  of  the  county ;  and  the  roarsha],  on  receiving  the  said  warrant, 
shall  summon  the  said  jury,  and  when  met,  shall  administer  an  oath  or 
affirmation  to  every  juryman,  who  shall  swear  or  affirm,  as  the  case  may 
be,  that  he  will  justly,  faithfully,  and  impartially,  value  the  land,  and 
all  damages  the  owner  thereto  will  sustain  by  the  road  passing  through 
the  same,  having  regard  to  all  circumstances  of  convenience,  benefit  or 
disadvantage,  according  to  the  best  of  bis  skill  and  judgment ;  and  the 
inquisition  thereupon  taken  shall  be  signed  by, the  marshal  and  seven  or 
more  of  the  said  jury,  and  shall  be  conclusive ;  and  the  same  shall  be 
returned  to  the  clerk  of  the  county,  to  be  by  him  recorded  at  the  expense 
of  the  levy  court;  and  the  valuation  expressed  in  such  inquisition  shall 
be  paid  by  the  said  levy  court  to  the  owner  of  the  land,  or  his  legal  repre- 
sentative, before  the  levy  court  proceed  to  open  the  said  road :  in  case 
no  such  application  shall  be  made  within  the  aforesaid  periods,  the  land 
thus  appropriated  shall  be  adjudged  to  be  conclusively  condemned,  and 
no  compensation  be  hereafter  required  therefor. 

Ssc.  4.  And  be  it  further  enacted^  That  the  board  of  commissioners 
or  levy  court,  as  soon  as  they  shall  have  laid  out,  marked  and  opened 
a  road,  and  complied  with  the  foregoing  provisions,  shall  return  the 
courses,  bounds  and  plat  thereof  to  the  clerk  of  the  county,  to  be  by 
him  recorded  at  the  expense  of  the  said  court ;  and  the  said  road,  ao 
laid  out  and  returned,  as  aforesaid,  shall  be  thereafter  taken,  hdd  and 
adjudged,  a  public  road  and  common  highway. 

Sec.  S,  And  he  it  fiiriher  enacted.  That  in  all  cases,  where  stone, 
gravel  or  other  material,  shall  be  necessary  for  making  or  repairing  a 
road,  the  levy  court  may  agree  with  the  owner  for  the  purchase  thereof 
or  with  the  owner  of  the  land  on  which  the  same  may  be,  for  the  par- 
chase  of  the  said  land ;  and  in  case  of  disagreement,  or  in  case  the 
owner  should  be  a  feme  covert,  under  age,  or  non  compos,  or  out  of  the 
county,  on  application  to  a  justice  of  the  county,  may  proceed,  in  all 
respects,  in  the  same  manner  for  condemning  the  said  materials  for  the 
use  of  said  road,  as  in  like  cases  where  lands  are  directed  to  be  taken 
and  condemned  as  aforesaid,  for  making  the  said  road :  and  the  said 
parties  respectively,  shall  have  the  same  benefit  and  advantage  of  the 
said  proceedings  as  they  have  under,  and  in  virtue  of  the  said  provision 
for  condemning  land  herein  before  mentioned. 

Sec.  6.  And  he  it  further  enacted,  That  if  a  road  shall  be  carried 
through  any  fields  of  ground  in  actual  cultivation,  such  fields  shall  not 
be  laid  open,  or  used  as  a  public  road,  until  after  the  usual  time  of 
taking  off  crops  then  growing  thereon. 

Sec.  7.  And  be  it  further  enacted.  That  if  any  person  shall  alter  or 
change,  or  in  any  manner  obstruct  or  encroach  on  a  public  road,  or  cat, 
destroy,  deface  or  remove  any  mile  stones  set  up  on  said  road,  or  put  or 
place  any  rubbish,  dirt,  logs,  or  make  any  pit  or  hole  therein,  such  per- 
son may  be  indicted  in  the  circuit  court  for  the  district  of  Cdambia, 
and  being  convicted  thereof  shall  be  fined  or  imprisoned  in  the  discre- 
tion of  the  court,  according  to  the  nature  of  the  ofience. 

Sec.  8.  And  be  it  furtlur  enacted^  That  the  board  of  commissioners 
Or  levy  court  may,  for  the  aforesaid  and  all  other  general  connty  pur- 
poses, annually  lay  a  tax  on  all  the  real  and  personal  property  in  the  said 
county,  except  within  the  limits  of  the  city  of  Washington,  any  existing 
law  to  the  contrary  notwithstanding,  not  exceeding  twenty-five  cents  in 
the  hundred  dollars  value  of  said  property,  for  the  coUeotion,  safe  keep* 
ing  and  disbursement  of  which  they  are  hereby  empowered  to  appoint 
the  necessary  officers,  and  to  use  all  the  means  now  in  force  and  neoe^ 
sary  for  the  assessment  and  collection  of  taxes  in  the  said  county,  and 
to  insure  a  due  and  regular  accountability  for  the  same,  and  all  existing 


TWELFTH  CX>NORESS.    Smb.  I.  Gh.  117.  1813. 


778 


Itwt,  tb  firiw  they  tM  in  the  said  levy  coart  a  power  to  lay  taxes,  shall 
be,  and  the  same  are  hereby  repealed. 

Sac.  9.  And  be  it  Jurther  enacted,  That  the  board  of  commissioners 
or  levy  court  shall  be,  and  hereby  are  released  from  any  obligation  to 

Provide  for  the  support  of  the  poor  of  any  other  part  of  the  county  of 
tTashington,  other  than  that  part  without  the  limits  of  the  city  of  Wash- 
ington, to  provide  for  whom  they  are  hereby  authorized  to  lay  and  col- 
lect a  special  tax,  to  be  imposed  on  said  part  of  the  county. 

Sac.  10.  And  be  it  Jurther  enacted.  That  the  board  of  commissioners 
or  levy  court  of  the  county  of  Washington  shall  be  hereafter  composed 
of  seven  members,  to  be  designated  immediately  after  the  passing  of  this 
act,  by  the  President  of  the  United  States,  from  among  the  existing 
magistrates  of  the  county,  and  annually  afterwards  on  the  first  Monday 
in  May,  that  is  to  say,  there  shall  be  two  members  desi^rnated  from 
among  the  magistrates  residing  in  that  part  of  the  county  lying  eastward 
of  Rock  creek,  and  without  the  limits  of  the  city  of  Washington ;  two 
from  among  the  magbtrates  residing  in  that  part  of  the  county  lying 
westward  of  Rock  creek,  and  without  the  limits  of  Georgetown ;  and 
three  from  amon^^  the  magistrates  residing  within  the  limits  of  George- 
town. A  majority  of  the  members  so  designated  shall  constitute  a 
quorum  to  do  business. 

Sec.  11.  And  be  it  Jurther  enacted,  That  the  general  county  expenses 
and  charges,  other  than  for  the  expenses  of  roads  and  bridflres  out  of  the 
limits  of  Wsshington  and  Georgetown,  respectively,  shall  be  borne  and 
defrayed  by  the  said  city  of  Washington,  and  the  other  parts  of  the 
county  equally,  that  is  to  say ;  one  moiety  of  said  expenses  and  charges 
shall  be  borne  by  the  city,  and  paid  over  to  whomsoever  the  board  of 
commissioners  or  levy  court  may  appoint  as  treasurer  of  the  court ;  and 
the  other  moiety,  by  the  other  parts  of  the  county :  which  said  general 
expenses  shall  be  ascertained  annually  by  the  said  board  of  commission- 
ers or  levy  court  and  the  corporation  of  the  said  city.  And  in  case  of 
any  difference  of  opinion  as  to  what  are  or  may  be  properly  called  gene- 
ral expenses,  snd  applicable  to  the  whole  county,  agreeably  to  the  pro- 
Tisions  of  this  and  other  acts  relating  to  the  subject,  it  shall  be  the  duty 
of  the  circuit  court  for  the  said  county,  upon  joint  application,  or  upon 
the  application  of  either  party,  snd  due  notice  to  the  other  party ;  to 
inquire,  determine  and  settle  in  a  summary  way  the  mstter  in  difference. 

Sec.  12.  And  be  it  further  enacted,  That  the  two  bridges  over  Rock 
creek,  immediately  between  the  city  of  Washington  and  Georgetown, 
shall  be  kept  in  repsir  and  rebuilt,  in  like  manner  as  at  present,  at  the 
joint  expense  and  cost  of  the  said  city  and  Georgetown ;  and  the  sums 
required  for  such  repairs  or  rebuildings  shall  from  time  to  time  be  ascer- 
tained by  the  said  board  of  commissioners  or  levy  court  for  the  county, 
and  the  amount  required  from  each  corporation  shall  be  paid  over,  after 
sixty  days'  notice,  to  the  treasurer  of  the  county. 

Sec.  13.  And  be  it  further  enacted,  That  it  shall  and  may  be  lawful 
at  anytime  hereafter  for  the  corporation  of  the  city  of  Washington,  and 
the  corporation  of  Georgetown,  jointly  or  separately,  and  at  their  joint 
or  separate  expense,  as  the  case  may  be,  to  erect  a  permanent  bridge 
across  Rock  creek,  and  between  the  two  places,  at  such  sites  as  the  cor- 
poration first  choosing  to  build  shall  determine  and  fix  upon  ;  and  if  it 
should  be  necessary  to  obtain  private  property  on  which  to  fix  either  or 
both  the  abutments  of  the  said  permanent  bridge  or  bridges,  or  for  other 
purposes  connected  with  the  work,  the  said  corporation  so  choosing  to 
Duild  shall  have  power  to  agree  with  the  owner  or  owners  for  the  pur- 
chase of  such  property ;  and  in  case  of  disagreement,  or  in  case  the 
owner  shall  be  a  feme  covert,  under  age  or  non  compos,  or  out  of  the 
county,  the  mayor  of  the  said  corporation  shall  thereupon  summon  a 
joiy  to  be  composed  of  twelve  freeholders,  inhabitanu  of  the  said  county, 

3t2 


Lmrj  coart 
rdetied  from 
any  obligmtion 
to  proTido  for 
a  certain  part 
ofUiepoor. 


Board  ofcom- 
miMionori  or 
levj  coart,  how 
compoied  and 
designated. 


How  the  ge- 
nera] and  par- 
ticnlar  expenaea 
of  the  coonty 
are  to  be  de- 
frayed. 


Bridget  over 
Rock  creek  to 
be  rebnilt  and 
kept  in  repair  at 
the  joint  ex- 
penie  of  the 
city  of  Wash, 
ington  and 
Georgetown. 

The  two  cor- 
porations     au- 
thorised to  erect 
a    permanent 
brioge. 


774 


TWELFTH  CONOBESS.    Sess.  L  Ch.  118, 119.     1813. 


The  two  cor- 
pontiont  au- 
thorised to  erect 
a   permanent 
briage. 


Proceedinga 
to  pay  for  pro- 
perty taken  for 
the  bridge. 


not  related  to  the  said  owner,  nor  in  any  manner  interested,  who  shall 
meet  on  the  ground  to  be  rained,  at  a  day  to  be  expressed  by  the  mayor 
in  the  said  summons,  of  which  ten  days'  notice  shall  be  given  by  the 
mayor  to  the  owner  or  owners  of  the  said  ground,  or  left  at  his,  her  or 
their  place  of  abode,  or  given  to  his,  her  or  their  guardian,  if  an  infant, 
or  if  out  of  the  county,  by  publishing  notice  thereof  for  sii  weeks  in 
some  newspaper  printed  in  the  county,  and  when  the  jury  shall  have 
met  pursuant  to  the  aforesaid  summons,  each  juryman  shall  swear  or 
affirm,  that  he  will  justly,  faithfully  and  impartially  value  all  the  ground 
held  as  private  property  and  intended  and  required  to  be  used  or  occo- 
pied  by  reason  of  the  contemplated  erection  of  the  permanent  bridge, 
and  the  amount  of  damages  the  proprietor  or  proprietors  of  said  eround 
will  sustain  (taking  into  view  at  the  same  time  the  benefits  which  the 
said  proprietor  or  proprietors  will  derive  from  the  erection  of  the  said 
bridge)  according  to  the  best  of  his  skill  and  judgment  And  the  inquisi-' 
tion  and  valuation  thereupon  taken,  shall  be  signed  by  the  mayor  and  seven 
or  more  of  the  said  jury,  and  shall  be  binding  and  conclusive  upon  all 
parties  concerned ;  and  the  same  shall  be  transmitted  to  the  clerk  of  the 
county,  to  be  by  him  recorded:  and  the  valuation  expressed  in  the  afore- 
said inquisition  shall  be  paid  or  tendered  to  the  owner  or  owners  of  the 
ground  so  condemned,  or  his  or  their  legal  representatives,  by  the  cor- 
poration intending  to  build  such  bridge,  within  thirty  days  after  such 
valuation  shall  have  been  made,  and  before  any  work  is  commenced  on 
the  grounds,  so  valued. 
Approved,  July  1, 1812. 


Statute  I. 


Jalj  1,  1812. 


Saletoflanda 
in  the  month  of 
January,  1812, 
made  valid. 


Purchaseraon 
complying  with 
the  tehnt  of 
aale  to  hare  pat- 
enta. 


Cbap.  CXVIII.— wffi  Ad  giving  vaUdity  to  the  Male  of  certain  traeU  of  Public 
Lands  told  in  the  we$tem  IHttriet  of  the  territory  of  Orleam^  now  tiate  of 
Z^ouinana, 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  sale  of  the  several 
tracts  ot  public  lands  sold  in  the  month  of  January,  one  thousand  eight 
hundred  and  twelve,  at  the  public  sales  held  under  the  superintendence 
of  the  register  of  the  land-office,  and  the  principal  deputy  surveyor  of 
the  western  district  of  the  territory  of  Orleans  (now  state  of  Louisiana,) 
be,  and  the  same  is  hereby  made  good  and  valid,  to  all  intents  and  pur- 
poses, any  law  to  the  contrary  notwithstanding :  and  the  purchasers  of 
the  said  tracts  shall  severally,  on  completing  the  payment  of  the  purchase 
money,  according  to  law,  be  entitled  to  receive  a  patent  or  patents  for  the 
lands  so  purchased  and  paid  for,  as  in  case  of  other  lands  sold  by  the 
United  States;  the  first  instalment  of  the  purchase  money  shall  be  con- 
sidered as  due  and  payable  at  ten  days  after  the  receiver  of  public  monies, 
for  the  district  within  which  the  lands  lie,  shall  have  entered  on  the  dis- 
charge of  the  duties  of  his  office. 

Approved,  July  I,  1812. 


Statutk  I. 

July  1,1812. 

[Obsolete.] 
Act  of  Jan.  2, 
1S12,  ch.  11. 

President  an- 
thorised  to  raise 
an  additional 
company  of 
rangers. 


Appropriatioa. 


Chap.  CXIX.— wfn  Jei  supplementary  to  **Jn  Jet  authorizing  the  President  of 
the  United  States  to  raise  certain  companies  cf  Bangers  for  &e  protection  ef  Me 
frontier  of  the  United  States.'* 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  President  of  the 
United  States  be,  and  he  is  hereby  authorized  to  raise  one  additional 
company  of  rangers,  when  he  may  deem  it  necessary  for  the  public  ser- 
vice under  the  same  provisions,  conditions  and  restrictions  of  the  act  to 
which  this  is  a  supplement. 

Sko.  2.  And  be  it  further  enacted^  That  for  defraying  the  ezpeoaes 


TWELFTH  CONGRESS.    Sess.  I.  Ch.  120, 121.    1812. 


775 


thereof,  the  sum  of  eleven  thousand  two  hundred  and  fifty  dollars  be,  and 
the  same  is  hereby  appropriated,  to  be  paid  out  of  any  money  in  the 
treasury  not  otherwise  appropriated. 
Approyed,    July  1,  1812. 


Chap.  CXX.— ^n  Act  authorixifig  the  Fruident  cf  the  United  Staiee  to  &aie» 
for  a  term  (f  yeare^  any  pari  cf  the  ruervatume  ef  pvihHe  ground  in  the  City 
of  WaMngtofu 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 


Statutb  I. 


July  5,  1812. 
[Obiolete.] 


_  _.       _ ___._._.        _  _       Pwwdent    to 

States  of  America  in  Congress  ossenAUd,  ifiiat  the  Presfdent  of  the  S?*tJ?r"p"blS 

I  the  I 


United  States  be,  and  he  is  hereby  authorized  to  take  possession  of  the   K^ 
whole  of  the  reservations  of  public  grounds  in  the  city  of  Washington,  ^^ 
and  lease  them  out  for  a  term  not  exceeding  ten  years,  on  such  terms 
and  conditions  as  in  his  judgment  may  best  effect  the  improvement  of 
the  said  grounds,  for  public  walks,  botanic  gardens,  or  other  public 
purposes. 

Approved,  July  5, 1812. 


Chap.  CXXI. — ^n  Mi  making  an  appropriaiion  for  the  purpose  cf  dUcharging 
all  the  outitanding  claims  for  the  construction  and  repair  cf  the  Capitol  and 
the  President'*s  House  f  for  the  compensation  cf  the  late  Surveyor  cf  the  PubUe 
Buildings,  and  for  furniture  for  the  different  iqMHrtmentB  of  the  Capitol,  and 
for  other  purposes. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  for  the  purpose  of  satis- 
fying all  outstanding  claims  for  services  performed  and  materials  fur- 
nished for  the  construction  and  repair  of  the  capitol  and  President's 
house,  including  therein  the  sum  of  two  thousand  five  hundred  dollars 
for  the  compensation  of  the  late  surveyor  of  the  public  buildings,  to 
the  first  day  of  July,  one  thousand  eight  hundred  and  eleven,  when  his 
duties  in  that  capacity  ceased ;  for  furniture  for  the  different  apartments 
of  the  capitol,  and  for  contingent  expenses  relating  thereto,  the  sum  of 
fourteen  thousand  five  hundred  and  seventy-three  dollars  be,  and  the 
same  is  hereby  appropriated  to  be  applied  to  the  discharge  of  the  claims 
before  mentioned,  and  to  no  other  purpose  whatsoever. 

Sec.  2.  And  be  U  further  enacted.  That  a  sum  not  exceeding  one 
thousand  dollars  be,  and  the  same  is  hereby  appropriated  for  the  purpose 
of  enabling  the  President  of  the  United  States  to  return  to  their  native 
country,  the  two  Italian  sculptors  lately  employed  on  the  public  build- 
ings, and  to  close  the  original  contract  made  with  them  on  behalf  of 
the  United  States. 

Sec.  3.  And  be  it  further  enacted,  That  the  superintendent  of  the 
city  of  Washington  be  authorized  to  contract  for  the  completion  of  the 
sculpture  in  the  south  wing  of  the  capitol,  under  the  direction  of  the 
President  of  the  United  States,  and  that  the  sum  of  four  thousand  dollars 
be  appropriated  towards  defraying  the  expense  of  the  same. 

Sec.  4.  And  be  it  further  enacted.  That  a  sum  not  exceeding  four 
thousand  dollars  be,  and  the  same  is  hereby  appropriated  for  the  com- 
pleting the  sculpture  and  the  work  on  the  galleries  of  the  Senate  cham- 
ber, the  railing  of  the  stairs  and  minor  works,  deficient  in  the  east  part 
of  the  north  win?  of  the  capitol,  and  for  temporary  repairs  to  the  roof. 

Sec.  5.  And  be  it  further  enacted.  That  the  aforesaid  sums  shall  be 
paid  out  of  any  monies  in  the  treasury  not  otherwise  appropriated. 

Approved,  July  5,  1812. 


Statutb  I. 


July  5, 1818. 
[Obtolete.3 


Specific   ap« 
proprimtioDf. 


ApproprimtiOB 
to  paj  the  ez. 
penset  of  eer. 
tain  Italian 
•culpton. 


Contract  for 
the  completion 
of  the  ■ciuptnre. 


Galleriei    of 
the  Senate. 


776 


TWELFTH  CONGRESS.    Sns.  1.  Ch.  123, 124, 125.    1812. 


flrATIITB  I* 

Jalj  5, 1818. 

[Obsolete.] 

Certain  eUtme 
to  land  in  Bfii- 
n«ippi  territory 
connnned 
which  hare 
been  derived 
liromthe  Bntiah 
gOTemment. 


Proriao. 


BrATvnl. 


Ghap.  CXXin.— ^fi  JId  em^hrming  granii  to  hndt  in  the  Mimmppi  temtory 
derived  from  the  Briiieh  government  tf  Wed  Florida^  not  eubeequenUy  re- 
granted  by  the  gooemment  of  Spain  or  tfthe  Umkd  Statee. 

Be  ii  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled^  That  citizens  of  the  United 
States,  claiming  lands  in  the  Mississippi  territory,  by  virtue  of  ^anta 
legally  and  fully  executed,  derived  from  the  British  government  of  West 
Florida,  whose  lands  have  not  been  subsequently  regranted  by  the 
Spanish  government  or  claimed  in  right  of  donation  or  pre-emption  cer- 
tificates granted  by  the  boards  of  commissioners  east  and  west  of  Pearl 
river,  and  whose  claims  have  been  regularly  filed  according  to  law,  with 
the  proper  register  of  the  land-office  in  the  said  territory,  and  are  em- 
braced in  the  report  of  the  commissioners  laid  before  Congress,  accord* 
ing  to  law,  be  and  they  are  hereby  confirmed  in  their  respective  claims, 
according  to  the  said  grants :  Provided^  that  nothing  in  any  law  of  the 
United  States  shall  be  construed  to  prevent  a  judicial  decision  of  con- 
troversies under  the  respective  claims  aforesaid. 

Approved,  July  5,  1812. 


Jnlyfl,181t.     Chip.  CXXIV.. 


[Obeoleto.] 

Veaaela  fVom 

India  in  certain 

eaaes  to  be  ad- 

mitted  to  entry. 


Proriflo. 


See  act  of 
April  14,  1814, 
eh.  66. 


Statute  I. 


Jet  to  admit  the  entry  cf  veuek  ef  the  United  Slates  on 
certain  conditions. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  it  shall  be  lawful  to 
admit  to  entry  any  vessel  or  vessels  of  the  United  States  which  may  have 
been  laden  in  any  of  the  ports  of  India,  and  whose  master,  supercargo 
or  owner  may  have  been  compelled  to  give  bond  under  penalty,  that 
their  respective  cargoes  shall  be  landed  in  some  port  of  the  United 
States :  Provided^  that  the  duties  on  such  cargoes  be  secured  or  paid 
agreeably  to  law,  and  their  cargoes  be  deposited  in  public  stores  under 
the  care  of  the  collector  of  the  port  where  such  vessel  or  vessels  may 
arrive,  there  to  remain  at  the  risk  and  charge  of  the  owner  or  owners 
thereof,  subject  to  the  future  disposition  of  government  in  relation  to  the 
said  vessels  and  cargoes. 

Approved,  July  5,  1812. 


Jnly  6, 181S.      Chap.  CXXV. — Jin  Jet  makina  a  further  appropriation  for  the 


Specific    ap- 
propriations. 
[pbMklete.] 


Naty. 


Frigates. 


Vessels  dam- 
in  action. 


Pnrehasing 
and     eqaipping 
Teasels  captor- 
ed. 


P.  UaJLY.— vm  Jtet  mamna  afurtJur  appropriation  for  th 
Maritime  frontier  and  for  the  eupport  (f  the  Navy  of  the  Un 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  the  sum  of  five  hundred 
thousand  dollars  be,  and  the  same  is  hereby  appropriated,  in  addition  to 
the  sums  already  appropriated,  for  the  purposes  of  fortifying  and  defend- 
ing the  ports,  harbors  and  maritime  frontier  of  the  United  States. 

Sec.  2.  And  be  it  further  enacted.  That  for  the  support  of  the  navy 
of  the  United  States,  that  the  following  sums,  in  addition  to  the  sums 
heretofore  appropriated  for  that  object,  be,  aud  the  same  is  hereby 
appropriated,  that  is  to  say : 

For  the  purpose  of  putting  and  keeping  in  service,  when  repaired, 
the  frigates  Constellation,  Chesapeake  and  Adams,  seventy-one  thousand 
two  hundred  and  fifty  dollars. 

For  the  repairs  of  vessels  which  may  be  damaged  in  action  with  the 
enemy,  or  by  the  other  operations  of  war,  four  hundred  thousand  dollars. 

For  the  purpose  of  purchasing,  equipping  and  putting  into  service  and 
keeping  and  employing  therein,  such  vessds  of  war,  as  may  be  captured 
from  the  enemy  by  the  vessels  of  war  of  the  United  States,  as  in  the 
opinion  of  the  President  of  the  United  States  shall  be  calculated  for  the 


TWELFTH  CONGRESS.    &im.  L  Gm.  196, 137, 1».    1813. 


Try 


public  service,  four  hundred  and  twenty-eight  thousand  seven  hundred 
and  fifty  dollars. 

Sec.  3.  And  be  tl  further  enacted^  That  no  part  of  the  several  sums 
hereby  appropriated  shall  be  applied  to  any  other  purpose  than  those 
above  specified,  any  thing  contained  in  any  act  of  Congress  to  the  con- 
trary notwith8tandin|r. 

Sflc.  4.  And  be  ii  fwriJur  enaeied^  That  the  several  sums  hereby 
appropriated  shall  be  paid  out  of  any  monies  in  the  treasury  not  other- 
wise appropriated. 

Appsovxd,  July  5, 1813. 


SpaeiBe   tp. 
prapriaticHU. 


Chap.  CXXVL^^^m  Jet  atOKorizit^  ike  Seeteiary  cf  the  TVeaatiryr  to  mupeni 
the  paw meni  cf  certain  bilk  drawn  by  John  Jmuirong^  late  m$ni»ter<f  the 
United  Statee  at  the  CMrt  tf  France^  upon  the  Treaeury  if  the  United  Statee. 

Be  ii  enacted  by  ike  Senate  and  House  ofR^esentatives  of  the  United 
States  of  America  in  Congress  assembhd^  That  the  Secretary  of  the 
Treasury  be,  and  he  is  hereby  authorized  and  required  to  cause  to  be 
suspended  the  payment  at  the  treasury  of  the  United  States,  of  certain 
bills  drawn  by  J<^n  Armstrong,  late  minister  of  the  United  States  at  the 
court  of  France,  in  favour  of  the  cashier  of  the  French  treasury, 
amounting  to  one  hundred  and  fifteen  thousand  five  hundred  and  thirty- 
four  firancs  and  forty-one  hundredths  of  a  liranc,  for  certain  claims 
arising  under  the  Louisiana  convention  in  favour  of  citizens  of  the 
United  States,  which  the  French  government,  by  virtue  of  an  agreement 
entered  into  with  said  minister,  had  assumed  to  pay,  until  satisfactory 
proof  shall  have  been  exhibited  to  the  accounting  officers  of  the  treasury, 
that  the  said  bills  or  a  sum  equal  thereto,  have  been  applied  for  the  pur- 
pose of  discharging  the  claims  of  citizens  of  the  United  States  aninst 
the  government  of  France,  which  have  been  liquidated  and  awarded  to 
them  under  the  provisions  of  the  convention  of  the  thirtieth  day  of 
April,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and  threi^, 
between  the  United  States  and  the  French  republia 

Approved,  July  6, 1812. 


U\j  6. 1811 


Secretary  of 
the  Treararv 
naj  ratpend 
the  payment  of 
eertaJD  bills  oo- 
der  Loataiaaa 
coDTentioii 
drawn  bj  Ida 
AimatroBg. 


Cbap, 


>.  CXXVU.'-Jn  Act  to  eompenmte  for  his  sendees  the  President  oro  tem- 
pore of  the  Senate^  acting  as  sueA  when  the  tiffUe  ifFiee  President  of  tie  United 
States  shall  be  vacant. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  president  pro  tem- 
pore of  the  Senate  who  luis  acted,  or  may  hereafter  act  as  such  when 
the  office  of  Vice  President  shall  be  vacant,  shall  receive,  during  the 
period  of  his  services,  the  same  compensation  as  is  allowed  by  law  to  the 
speaker  of  the  House  of  Representatives. 

Appsovkd,  July  6, 1812. 


Chap.  CXXVIII.— ^  Jet  for  the  s(fe  keeping  and  aeeommodoHon  of  prisoners 

aJTioor. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  President  of  the 
United  States  be,  and  he  is  hereby  authorized  to  make  such  regulations 
and  arrangements  for  the  safe  keeping,  support  and  ezchanffe  of  prison- 
ers of  war  as  he  may  deem  eipedient,  until  the  same  shall  be  otherwise 
provided  for  by  law;  and  to  carry  this  act  into  eflfect,  one  hundred  thou- 
iand  dollars  be,  and  the  same  are  hereby  appropriated,  to  be  paid  out 
of  any  monies  in  the  treasury  not  otherwise  appropriated. 

Apphoted,  July  6, 1812. 
Vol.  n.— 98 


SvATUTa  L 
Jolje,  ISlt. 


Pretident  pro 
tempore  of  the 
Senate  to  have 
the  aame  com- 
penntion  aa  the 
apeaker  of  the 
tfouae  orHepre- 
aentatirea  aor- 
ing  the  |>eriod 
ofoia  aervicea. 

Statuts  I. 

Jalj  6,  181S. 


Repealed 
^  It  or  Marel 
1817,  eh.  84. 


act  o^  March  8, 


Speeifie  ap- 
propriatttai. 


778  TWELFTH  CONGRESS.    Sem.  I.  Ch.  129.    1812. 

Statutb  I. 
Jalj  6,  1813.      Chap.  CXXIX. — Jn  Jci  to  firohihit  Jtmtriean  veaatU  from  proceeding  to  or 
trading  with  the  enemies  if  the  United  Staite^  and  for  other  pwrptiae».{a) 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives  of  the  United 
Slates  of  America  in  Congress  assembled^  That  no  abip  or  vensel,  owned 

(a)  The  decitions  oF  the  Couru  oT  the  United  Sutes,  on  <<  Trading  with  the  Enemy,**  have  been  : — 

Action  of  astunipait  to  recover  the  balance  of  an  account  current  for  merchandise  purchased  iu  Eng- 
land bj  order  of  the  defendauU.  The  defence  was,  that  the  contract  waa  made  during  the  war,  and 
therefore  void.  By  the  Court — The  doctrine  is  not  to  be  questioned  at  this  day,  that,  during  a  sute  of 
bostihty,  the  citisens  of  the  hostiJe  autes  are  incapable  oicontracting  with  each  other.  Scbolefield  o. 
Cichelberger,  7  Peters,  586. 

To  say  that  this  rule  is  without  eiception,  would  be  assuming  too  great  latitude.  The  question  ha* 
never  yet  been  examined  whether  a  contract  for  necessaries,  or  even  for  money  to  enable  the  individual 
to  get  home,  could  not  be  enforced ;  and  analogies  familiar  to  the  law,  aa  well  as  the  influence  of  the 
general  rule,  io  international  law,  that  the  severities  of  war  are  to  be  diminished  by  all  safe  and  practical 
means,  might  be  appealed  to  in  support  of  such  an  exception.  But  at  present,  it  may  be  aafely  affirmed 
that  there  is  no  recognised  exception,  but  permission  of  a  state  to  iU  own  citizens;  which  is  also  implied 
in  any  treaty  stipulation  to  that  effect,  entered  into  with  a  belligerent.    Ibid, 

Property  engaged  in  illicit  trade  with  the  enemy,  must  be  condemned  to  the  captors,  not  to  the  United 
Stotes.    The  Sallv,  Porter,  Maater,  8  Cranch,  382;  3  Cond.  Rep.  177. 

A  vessel  owned  by  citizens  of  the  United  States,  sailed  from  Naples  in  the  year  1812,  for  the  United 
States,  with  a  cargo,  and  a  British  license  to  carry  the  same  to  England.  On  her  passage,  hearing  of  the 
war,  she  altered  her  course  for  England,  was  captured  by  the  British,  carried  into  Ireland,  libelled  and 
acquitted,  sold  her  cargo,  and  afler  a  detention  of  seven  months  in  Ireland,  purchased  a  return  car^go 
if  England,  sailed  for  the  United  Stales,  and  was  captured  by  an  American  privateer.  The  vessel  and 
carffo  were  condemned  as  prise  to  the  captors.    The  Alexander,  8  Cranch,  189;  3  Cond.  Rep.  72. 

If  a  citizen  of  the  United  States  establishes  his  domicil  in  a  foreign  country,  between  which  and  the 
United  States  hostilities  aflerwards  break  out,  aby  property  ahipped  by  him  before  knowledge  of  the  war, 
and  captured  by  an  American  cruiser  af\er  the  declaration  of  war,  will  be  condemned  as  prize.  The 
Venus,  8  Cranch,  253 ;  3  Cond.  Rep.  109. 

Illegal  traffic  sUmps  a  hostile  character  on  the  propertv,  and  atUches  to  it  all  the  penal  conseqnencea 
of  enemy  ownership.    The  Sally,  8  Cranch,  382;  3  Cond.  Rep.  177. 

The  property  of  a  citizen  does  not  become  divested,  ipso  facto,  by  the  mere  act  of  illicit  intercourse 
with  the  enemy ;  the  propertv  is  only  liable  to  be  condemned  as  enemy's  property,  or  as  adhering  to  the 
enemy,  if  rightfully  captured  during  the  voyage.  The  Thomas  Gibbons,  8  Cranch,  421 ;  3  Cond.  Rep. 
193. 

A  vessel  sailing  to  an  enemy  port,  afler  knowledge  of  the  war,  and  captured,  bringing  thence  a  cargo 
consisting  chiefly  of  enemy  goods,  is  liable  to  confiscation  as  prize  of  war.  The  6l  Lawrence,  8  Cranch, 
434;  3  Cond.  Rep.  202. 

Trading  with  tlie  enemy  is  not  excused  hy  the  necessity  of  obtaining  funds  to  pay  the  expenses  of  the 
ship ;  nor  by  the  opinion  of  an  American  minister  expressed  to  the  master,  that  by  undertaking  the  voyage 
he  would  violate  no  law  of  the  United  States.    The  Joseph,  8  Cranch,  451 ;  3  Cond.  Rep.  212. 

If,  upon  the  breaking  out  of  a  war,  a  citizen  has  a  right  to  withdraw  his  property  from  the  enemy>s 
country,  it  is  necessary  it  should  be  exercised  with  due  diligence,  and  within  a  reasonable  time  afler  the 
knowledge  of  hostilities.    The  St.  Lawrence,  9  Cranch,  120 ;  3  Cond.  Rep.  301. 

If  a  cargo  be  innocently  put  on  board  in  an  enemy's  country,  if  at  that  time  the  importation  be  lawful, 
it  cannot  be  rendered  nniawfol  by  a  detention,  occasioned  in  the  course  of  the  voyage,  either  by  the 

Grils  of  the  sea  or  the  act  of  the  enemv  ;  unless  this  effect  be  produced  by  some  positive  act  oif  the 
jislatore.    The  Mary,  9  Cranch,  126 ;  3'  Cond.  Rep.  306. 

An  American  citizen  is  equally  guilty  of  trading  with  the  enemy,  whether  that  trade  is  carried  on  be- 
tween a  hostile  port  and  the  United  States,  or  between  such  port  and  any  foreign  nation.  The  Rngen,  1 
Wheat.  62 ;  3  Cond.  Rep.  485. 

The  offence  of  trading  with  the  enemy  is  complete,  the  moment  a  vessel  sails  with  intention  to  carry 
her  cargo  to  a  hostile  port.    Jhid. 

A  subject  of  a  state  at  war  cannot,  under  cover  of  neutral  muniments,  however  regularly  procured,  or 
formal,  violate  with  impunity  his  duty  and  allegiance  to  his  own  country.    /Md. 

All  trade  with  the  enemy,  unless  with  the  permission  of  the  sovereign,  is  interdicted  ;  and  subjects  the 
property  engaged  in  it  to  the  penalty  of  confiscation.    The  Rapid,  1  Gallis.  C.  C.  R.  295. 

All  communication  and  intercourse  with  the  enemy  is  prohibited,  and  it  is  in  nowise  important,  whether 
the  property  engaged  in  the  inimical  communication  be  bought  and  sold,  or  merely  transported  and 
shipped,    ioid, 

A  citizen  of  the  United  States  cannot  lawfully  withdraw  his  property,  acquired  before  the  war,  from 
the  eoemy*s  country,  afler  he  has  knowledge  of  the  war,  without  permission  of  government.  The  St. 
Lawrence,  1  Gallis.  C.  C.  R.  467. 

If  a  vessel  be  sent  from  the  United  States,  afler  knowledge  of  the  war,  to  the  enemy's  coontiy  to  with- 
draw  such  property,  the  vessel  and  cargo  are  subject  to  capture  and  condemnation,  jure  belli.  1  Gallis. 
C.  C.  R.  295. 

The  property  of  citisens  taken  trading  with  the  enemy,  is  considered  as  quasi  enemy's  property. 
Ildd, 

A  trade  to  a  neutral  port,  during  war,  is  not  rendered  illegal  from  the  mere  circumstance  that  the 
interests  of  the  enemy  are  thereby  aided,  or  his  policy  enforced  ;  It  must,  before  it  can  be  liable  to  eon- 
demnation  on  that  ground,  be  carried  on,  on  account  of  the  enemy,  under  contract  with  him,  destined  for 
his  use,  or  voluntarily  incorporated  into  his  service  by  licenses.  The  Liverpool  Packet,  1  Gallis.  C.  C.  A. 
613. 

The  cirenmstance  that  a  neutral  is  engaged  in  enemy  navigation  does  not  labjeet  all  his  trade  ftom  the 
nentral  country,  on  neutral  voyages,  to  tne  enemy  character.    JMd. 


TWELFTH  CONGRESS.    Ssss.  I.  Gh.  129.    1812.  77D 


in  wtiole  or  in  part  by  a  citizen  or  citizens  of  the  United  Stateii,  shall  be      Owoera  of 
permitted  to  clear  out  or  depart  from  any  port  or  place  within  the  limiu   7^^^*  ^  ^^^ 
of  the  United  States  or  territories  thereof,  to  any  foreign  port  or  place,   clMr!iigou?,°not 
till  the  owner  or  owners,  agent,  factor,  freighter,  master  or  commander,   to   trade    with 
shall  have  given  bond,  with  sufficient  security,  in  the  amount  of  such   ^^  enemj. 
ship  or  vessel  and  cargo,  not  to  proceed  to  or  trade  with  the  enemies  of 
the  United  States.     And  if  any  ship  or  vessel  owned  as  aforesaid,  shall      Penalty  for 
depart  from  any  port  or  place  within  the  limits  of  the  United  States  or  *^  <ioiDg. 
territories  thereof,  for  any  foreign  port  or  place  without  giving  bond  with 
security  aforesaid,  such  ship  or  vessel,  and  cargo,  shall  be  forfeited  to  the 
use  of  the  United  States ;  and  the  owner  or  owners,  freighter,  factor  or 
agent,  master  or  commander,  shall  severally  forfeit  and  pay  a  sum  equal 
to  the  value  of  such  ship  or  vessel  and  cargo ;  and  the  said  master  or 
commander,  if  privy  thereto,  and  being  thereof  convicted,  shall  be  liable 
to  a  fine  not  exceeding  one  thousand  dollars,  and  imprisoned  for  a  term 
not  exceeding  twelve  months,  in  the  discretion  of  the  court 

Sec.  2.  And  be  it  Jwrther  enacted^  That  if  any  citizen  or  citizens  of       Trade  with 
the  United  States,  or  person  inhabiting  the  same,  shall  transport  or  at-  f**/"?!!L:^? 
tempt  to  transport,  over  land  or  otherwise,  in  any  wagon,  cart,  sleigh,   ^  ^      ^ 
boat,  or  otherwise,  naval  or  military  stores,  arms  or  the  munitions  of 
war,  or  any  article  of  provision,  from  any  place  of  the  United  States,  to 
any  place  in  Upper  or  Lower  Canada,  Nova  Scotia  or  New  Brunswick, 
the  wagon,  cart,  sleigh,  boat,  or  the  thing  by  which  the  said  naval  or 
military  stores,  arms,  or  munitions  of  war  or  articles  of  provision  are 
transported  or  attempted  to  be  transported,  together  with  such  naval  or 

Every  voyage  from  an  enemy  port,  eapecially  with  a  cargo  on  board,  and  without  the  license  of  the 

Svernment,  carries  with  it  a  prmumption  uf  illegal  traffic  uid  hostile  interesu.  fW>m  which  nothing  bat 
»  most  explicit  proofs  by  the  claimants  can  relieve  the  cause.  The  presumption  of  illegal  traffic  arises, 
DOtwithstandmg  any  |Mipers  or  any  explanation  of  the  persons  found  on  board :  the  captors  have  a  right 
to  bring  the  property  in,  and  subject  the  whole  to  the  adiudication  of  a  competent  tribanal.  In  such  case, 
damages  and  costs  are  never  to  be  adjudged  as  against  Uie  captors.    Jbid. 

If,  after  a  knowledge  of  the  war,  an  American  vessel  go  to  an  enemy  port,  and  take  in  a  cargo  there, 
the  vessel  and  cargo  are  liable  to  confiscation  for  trading  with  the  enemy.  The  Alexander,  1  Gallis.  0. 
C.  R.632. 

If  an  American  vessel,  after  knowledge  of  the  war,  proceed  fW>m  a  neutral  to  a  hostile  port  on  fVeight, 
it  is  a  trading  with  the  enemv,  which  subjects  the  vessel  to  forfeiture;  and  she  is  liable  therefore  on  ner 
return  voyage  to  the  United  States.    The  Joseph,  1  Gallis.  C.  C.  R.  645. 

In  cases  dT  trading  with  the  enemy,  the  property  is  deemed  quasi  enemy*s  property,  and  it  is  condemned 
to  the  captors  and  not  to  the  United  Sutes.    Ibid. 

No  principle  of  national  or  municipal  law  is  better  settled  than  that  all  contracts  with  an  enemy,  made 
during  war,  are  utterly  void.    The  Emulous,  1  Gallis.  C.  C.  R.  663. 

A  shipment  made  from  the  enemy *s  country,  after  a  knowledge  of  the  war,  by  an  American  citisen, 
sobjecu  the  property  to  condemnation  as  prise  of  war.    The  Mary,  I  Gallis.  C.  C.  R.  630. 

A  shipment  made,  after  a  known  war,  by  an  American  cilixen,  subjects  the  property  to  condemnation 
as  prise  of  war.    The  Diana,  2  Gallis.  C.  C.  R.  93. 

If  an  American  vessel  take  on  board  a  cargo  from  an  enemy's  ship,  under  the  pretence  that  it  is  ran- 
somed, it  is  an  illegal  traffic,  for  which,  by  the  law  of  war,  she  is  liable  to  condemnation  as  prise  of  war  | 
and  may  be  seised  on  the  return  voyage.    The  Lord  Wellington,  3  Gallis.  C.  C.  R.  103. 

A  citixen  of  the  United  States  may  lawfully  draw  a  bill  on  a  subject  of  a  foreign  power,  with  wh'tro  we 
are  at  war;  such  an  act  not  leading  to  any  ipjurious  intercourse,  nor  amounting  to  a  trading  with  the 
enemy.    United  Sutes  n.  Barker,  Fame's  C.  C.  R.  166. 

An  American  vessel,  after  the  commencement  of  hostilities  with  Great  Britain,  sailed,  having  on  board 
a  messenger  from  the  British  minister  in  the  United  States,  with  despatches  for  his  government,  and  a 
letter  of  protection  from  British  capture ;  this  is  a  sufficient  cause  of  condemnation.  The  Tulip,  8  Waah. 
C.  C.  R.  181. 

All  contracts  with  an  enemy  are  not  necessarily  void.  Cases  of  extreme  necessity,  form  exceptions 
to  the  role.  Contracts  made  under  license  of  the  government,  whether  thev  arise  directly  or  collaterally, 
out  of  the  licensed  trsde ;  or  if  the  enemy,  with  whom  the  coniract  is  made,  be  in  the  hostile  conntrjf, 
by  license  of  that  government,  (cases  of  ransom  bonds,)  so  contracts  made  by  prisoners  of  war,  for  their 
subsistence,  are  also  exceptions.    The  William  Penn,  3  Wash.  C.  C.  R.  484. 

A  voyage  from  an  enemy  port  with  a  cargo  on  board,  without  the  license  of  the  government,  is  of 
itself  a  probable  cause  for  capture.    The  Liverp«»ol  Packet,  1  Gallis.  C.  C.  R.  613. 

A  traoe  to  a  neutral  port  is  not  illegal,  although  the  public  enemy  derive  benefit  therehT,  nnless  sneh 
trade  be  considered  in  connexion  with,  or  subservient  to,  hostile  interesU  and  policy.    Ihld, 

The  United  States  mav  proceed  sgainst  property  found  engaged  in  trade  with  the  enemy,  as  prise  of 
war.    The  Elisa,  2  Gallic.  C.  C.  R.  4. 

At  common  law,  any  individual  might  seise  for  the  king;  and  npon  this  ground  it  has  been  held,  that 
pablie  or  private  armed  ships  may  seise  for  violation  of  a  stotute.  But,  in  soeh  case,  it  in  it  ths  peril  of 
the  party  making  the  eeisore.    The  Rover,  S  Gallis.  C.  C.  R.  340. 


770 


TWELFTH  CONGRESS.    Sess.  I.  Gh.113.  1813. 


CoUectioa  of 
finef. 


Squadron 
courU  of  in- 
quiry. 

CaTalrj  to  be 
subject  to  le- 
ffionarj  coorta. 


PrOTiao. 


Ordera  in  re- 
lation to  uni- 
form iaaued 
through  the  bri- 
gadier general 
to  be  obejed. 


ABte>pege2S4. 


80  certified,  shall  be  delivered  to  the  marshal  within  fifteen  days  aft» 
the  sitting  of  the  coart  empowered  finally  to  determine,  and  be  shall 
give  a  receipt  therefor.  The  said  marshal  shall  forthwith  proceed  to  col- 
lect the  said  fines,  and  (should  any  person  fail  to  make  payment  when 
called  on)  to  levy  the  amount  with  costs  by  distress  and  sale  of  the  goods 
and  chattels  of  the  delinquent ;  which  costs  and  manner  of  proceeding 
shall  be  the  same  as  in  other  cases  of  distresses.  And  where  there  are 
no  goods  or  chattels  to  be  found  whereof  to  levy  the  said  fines,  the  mar- 
shal shall  commit  such  delinquent  to  jail,  and  hold  him  in  close  confine 
ment  during  the  term  of  twenty-four  hours,  for  each  and  every  fine  by 
him  payable  (unless  the  same  shall  be  sooner  paid)  in  the  same  manner 
as  other  persons  condemned  to  fine  and  imprisonment  at  the  suit  of  the 
United  States  may  be  committed ;  and  the  marshal  shall  account  for  all 
the  fines,  and  pay  such  as  have  been  by  him  levied,  to  the  paymaster  of 
the  legion,  from  which  he  shall  have  received  the  certified  lists,  within 
six  months  after  said  lists  may  have  been  delivered  to  him  respectively, 
deducting  from  the  amount  so  to  be  paid,  twelve  and  an  half  per  centam 
as  a  compensation  for  his  trouble;  and,  in  case  of  failure,  the  same  shall 
be  recovered  by  motion  in  the  circuit  court  of  the  district  of  Columbia, 
in  either  county  of  said  district,  in  the  name  of  the  paymaster  of  said 
legion,  with  twelve  and  an  half  per  centum  damages,  and  legal  interest 
on  the  amount  from  the  time  it  ought  to  have  been  paid,  and  costs  of 
suit :  Provided,  the  marshal  shall  have  had  ten  days'  notice  of  such  mo- 
tion. And  should  it  happen  in  any  case,  during  the  pendency  of  pro- 
ceedings and  before  payment  is  made  by  the  marshal,  that  the  paymaster 
in  whose  name  the  proceedings  are  going  on,  should  be  removed  from 
his  office  or  station,  it  shall  not  abate  or  in  any  manner  interrupt  or  affect 
the  proceedings,  but  the  name  of  the  succeeding  paymaster  may  be  sub- 
stituted until  the  proceedings  are  formally  closed. 

Sec.  5.  And  be  it  further  enacted.  That  where  any  fine  or  fines  shall 
have  been  collected  or  imposed,  the  delinquent  shall  be  at  liberty,  at  any 
time  within  twelve  months  after  such  imposition,  to  apply  to  any  of  the 
legionary  courts  to  return  or  remit  the  same,  and  the  court  is  hereby 
empowered  to  make  such  order  in  the  case  as  may  seem  to  them  or  a 
majority  of  them,  to  be  right  and  just. 

Sec.  6.  And  be  it  further  enacted.  That  squadron  courts  of  inquiry, 
for  the  squadron  of  cavalry  within  the  district  of  Columbia,  shall  be 
separately  held  within  the  said  district;  but  whenever  a  legionary  court 
of  inquiry,  as  heretofore  by  law  directed,  shall  be  held,  the  cavalry 
within  the  limits  of  the  legion  for  which  such  court  may  be  held  shall 
be  within  and  subject  to  its  jurisdiction  and  authority ;  and  the  com- 
manding officers  of  the  squadron  and  companies  of  cavalry,  shall  be 
members  of  such  legionary  court  for  the  legion  within  which  they  shall 
respectively  reside :  Provided  however,  that  when  the  cavalry  shall  have 
been  established  or  formed  into  a  separate  legion,  there  shall  be  separate 
legionary  courts  held  by  and  for  them,  at  some  place  within  the  district; 
both  the  squadron  and  legionary  courts  of  cavalry  to  be  respectively  for 
similar  purposes,  to  be  appointed  and  constituted  in  a  similar  manner, 
and  to  be  subject  to  the  same  rules  and  regulations  as  the  battalion  and 
legionary  courts  authorized  and  directed  by  the  act  to  which  this  is  a 
supplement. 

Sec.  7.  And  be  it  fitrther  enacted.  That  all  orders  in  relation  to  the 
procuring  or  wearing  of  such  uniform  and  equipments,  or  either  of  them, 
as  shall  have  been  previously  determined  on,  which  shall  be  issued  and 
communicated  by  the  brigadier  general  to  the  officers  of  the  brigade,  or 
any  of  them,  shall  be  forthwith  obeyed;  and  for  every  disobedience  of 
any  such  order,  the  delinquent  shall  be  subject  to  the  penalty  or  fine 
prescribed  in  the  twenty-seventh  section  of  the  said  act  to  which  this  b 
a  supplement,  besides  being  subject  to  arrest. 


TWELFTH  CONGRESS.    Sess.  I.  Ch.  115, 117.    1812. 

Sec.  8.  And  be  it  farther  enacted^  That  the  anns  and  other  equip- 
meuts  belonging  to  an  officer,  non-oommissioned  officer  or  private^  be 
exempt  from  taxation  or  execution. 

Appbovbd,  July  1, 1812. 


Chap.  CXV. — Jin  Act  tofaeiKtaie  the  tranrfer  of  the  ttock  created  under  an  act 
passed  on  the  tenth  cfNaoember,  one  thousand  eight  hundred  and  three* 

Be  it  enacted  hytlit  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled^  That  the  stock  created  under 
the  act,  entitled  '<An  act  authorizing  the  creation  of  a  stock  to  the 
amount  of  eleven  millions  two  hundred  and  fifty  thousand  dollars,  for 
the  purpose  of  carrying  into  effect  the  convention  of  the  thirtieth  of 
April,  one  thousand  eiffht  hundred  and  three,  between  the  United  States 
of  America  and  the  French  Republic,  and  making  provision  for  the 
payment  of  the  same,"  from  and  after  the  passing  of  this  act  shall  be 
transferable  in  the  same  manner  as  the  other  stocks  of  the  United  States 
are  or  shall  be  transferable  from  the  books  of  the  treasury  to  the  books 
of  any  commissioner,  and  from  the  books  of  one  commissioner  to  those 
of  another  commissioner  or  to  those  of  the  treasury. 

Approted,  July  1, 1812. 


Chap.  CXVII. — Jin  Jet  eorf erring  certain 
county  of  WaskingUm^  in  the  1 


noers  on  the  Levjf  Qnurtfor  the 
tiriet  tf  Columbia. 


Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  board  of  commis- 
sioners or  levy  court  for  the  county  of  Washington,  in  the  district  of 
Columbia,  be,  and  hereby  are  empowered  to  erect  and  maintain  a  peni- 
tentiary, to  be  erected  in  such  place  as  the  mayor,  aldermen  and  com- 
mon council  of  the  city  of  Washington  shall  designate. 

Sec.  2.  And  be  it  further  enacted.  That  the  lK>ard  of  commissioners 
or  levy  court  for  the  said  county  be  vested  with  full  power  to  lay  out, 
straighten  and  repair  public  roads  within  the  said  county,  except  within 
the  corporate  limits  of  the  city  of  Washington  and  Georgetown,  under 
the  conditions  herein  after  prescribed. 

Sec.  3.  And  be  it  further  enacted,  That  the  said  boafd  or  levy  court 
be  empowered  to  lay  out  and  mark  roads  through  any  such  part  of  the 
said  county :  Provided,  they  shall  not  exceed  one  hundred  feet  in  width, 
and  shall  not  pass  through  any  building,  garden  or  yard,  without  the 
consent  of  the  owner;  and  a  reasonable  compensation,  if  required  by 
the  owner,  shall  be  made  for  the  land  thus  marked  and  laid  out,  which 
shall  be  fixed  in  the  following  manner :  On  laying  out  and  marking  any 
road,  six  weeks'  notice  thereof  shall  be  given  in  some  public  print,  pub- 
lished in  the  county.  In  case  any  owner  of  land,  through  which  the 
said  road  passes,  shall  require  compensation  therefor,  he  shall  within  two 
weeks  thereafter  apply  to  the  levy  court,  who  may  agree  with  him  for 
the  purchase  thereof;  and  in  case  of  disagreement,  or  in  case  the  ownet 
shall  be  a  feme  covert,  under  age,  or  non  compos,  or  out  of  the  county, 
on  application  to  any  justice  of  the  county,  to  be  made  within  two  weeks 
afler  the  expiration  of  the  aforesaid  two  weeks,  the  said  justice  shall 
issue  his  warrant,  under  his  hand,  to  the  marshal  of  the  district  of 
Columbia,  commissioning  him  to  summon  twelve  freeholders,  inhabit- 
ants of  the  county,  not  related  to  the  said  owner,  nor  in  any  manner 
interested,  to  meet  on  the  land  to  be  valued  at  a  day  to  be  expressed  in 
the  warrant,  of  which  ten  days'  notice  shall  be  given  by  the  marshal  to 
the  levy  court,  and  to  the  owner  of  the  said  land,  or  left  at  his,  or  her 


771 


Am*  eienpt 
firom  taxation  or 
ezecation. 


Btatiftb  I* 

Jaly  I,  ISia. 

Act  of  Nov. 
10,1803,  ch.  8. 

Stock  trant- 
ferable  at  other 
ttock,  fVoni  the 
books  of  the 
treasary  to  those 
of  any  commis. 
sioner,  and  from 
the  books  of  one 
commissioner  to 
those  of  another 

lEC. 


StatutsI. 

July  1,  leit. 

Empowered 
to  erect  a  pen- 
itentiaiy. 


Vested  with 
power  to  lay 
out,  Btraijfhten, 
and  repair  pub- 
lie  roads. 


Proviao. 


Formalities  to 
be  obsenred  in 
exercising  the 
power  oflaying 
ottt  roads. 


779 


TWELFTH  CONGRESS.    Ssss.  I.  Cb.  117.  1812. 


Jaryto 
danwgM. 

Ottk 


Manbil  and 
MT«B  or  more 
of  the  Jarj  to 
sign  th*  inquiii- 
tiOBy  fee. 

Yalaation  to 
bo  (Mia  bj  the 


Coonot. 
booodi  and  plmt 
ofthoroadtobe 
returnod  to  th^ 
eoaaty  clerks, 
Iko. 


Stone,  graTel, 
or  other  male, 
riali  for  nakiof 
Off  repairing  a 
road,  mav  be 
oondemnea  on 
▼alaation. 


Ante,  tee.  8. 


Growing  eropa 
not  to  be  iigut- 
ed. 


Penont  alter- 
ing, obttmet- 
ing,  6r  injuring 
a  public  road, 
liable  to  indict* 
oient,  fine,  or 
impriaonment. 


Levy  conrt 
may  lay  taaet, 
except  within 
the  limits  of 
the  city  of 
Washington, 


place  of  abode,  or  given  to  his  or  her  guardian,  ifan  infant,  or  if  oat  of 
the  county,  by  publishing  notice  thereof  for  six  weeks  in  some  publio 
print  of  the  county ;  and  the  marshal,  on  receiving  the  said  warrant, 
shall  summon  the  said  jury,  and  when  met,  shall  administer  an  oath  or 
affirmation  to  every  juryman,  who  shall  swear  or  affirm,  as  the  case  may 
be,  that  he  will  justly,  faithfully,  and  impartially,  value  the  land,  and 
all  damages  the  owner  thereto  will  sustain  by  the  road  passing  through 
the  same,  having  regard  to  all  circumstances  of  convenience,  benefit  or 
disadvantage,  according  to  the  best  of  his  skill  and  judgment;  and  the 
inquisition  thereupon  taken  shall  be  signed  by  .the  marshal  and  seven  or 
more  of  the  said  jury,  and  shall  be  conclusive ;  and  the  same  shall  be 
returned  to  the  clerk  of  the  county,  to  be  by  him  recorded  at  the  expense 
of  the  levy  court;  and  the  valuation  expressed  in  such  inquisition  shall 
be  paid  by  the  said  levy  court  to  the  owner  of  the  land,  or  his  legal  repre- 
sentative, before  the  levy  court  proceed  to  open  the  said  road :  in  case 
no  such  application  shall  be  made  within  the  aforesaid  periods,  the  land 
thus  appropriated  shall  be  adjudged  to  be  conclusively  condemned,  and 
no  compensation  be  hereafler  required  therefor. 

Sec.  4.  And  be  it  further  enacted,  That  the  board  of  commissioners 
or  levy  court,  as  soon  as  they  shall  have  laid  out,  marked  and  opened 
a  road,  and  complied  with  the  foregoing  provisions,  shall  return  the 
courses,  bounds  and  plat  thereof  to  the  clerk  of  the  county,  to  be  by 
him  recorded  at  the  expense  of  the  said  court ;  and  the  said  road,  so 
laid  out  and  returned,  as  aforesaid,  shall  be  thereafter  taken,  held  and 
adjudged,  a  public  road  and  common  highway. 

Sec.  5.  And  be  it  further  enacted.  That  in  all  cases,  where  stone, 
gravel  or  other  material,  shall  be  necessary  for  making  or  repairing  a 
road,  the  levy  court  may  agree  with  the  owner  for  the  purchase  thereof 
or  with  the  owner  of  the  land  on  which  the  same  may  be,  for  the  pur« 
chase  of  the  said  land ;  and  in  case  of  disagreement,  or  in  case  the 
owner  should  be  a  feme  covert,  under  age,  or  non  compos,  or  out  of  the 
county,  on  application  to  a  justice  of  the  county,  may  proceed,  in  all 
respects,  in  the  same  manner  for  condemninff  the  said  materials  for  the 
use  of  said  road,  as  in  like  oases  where  lands  are  directed  to  be  taken 
and  condemned  as  aforesaid,  for  making  the  said  road :  and  the  said 
parties  respectively,  shall  have  the  same  benefit  and  advantage  of  the 
said  proceedings  as  they  have  under,  and  in  virtue  of  the  said  provision 
for  condemning  land  herein  before  mentioned. 

Src.  6.  And  be  it  further  enacted.  That  if  a  road  shall  be  carried 
through  any  fields  of  ground  in  actual  cultivation,  such  fields  shall  not 
be  laid  open,  or  used  as  a  public  road,  until  after  the  usual  time  of 
taking  off  crops  then  growing  thereon. 

Sec.  7.  And  be  it  further  enacted.  That  if  any  person  shall  alter  or 
change,  or  in  any  manner  obstruct  or  encroach  on  a  public  road,  or  cat, 
destroy,  deface  or  remove  any  mile  stones  set  up  on  said  road,  or  put  or 
place  any  rubbish,  dirt,  logs,  or  make  any  pit  or  hole  therein,  such  per- 
son may  be  indicted  in  the  circuit  court  for  the  district  of  Columbia, 
and  being  convicted  thereof  shall  be  fined  or  imprisoned  in  the  discre- 
tion of  the  court,  according  to  the  nature  of  the  offence. 

Sec.  8.  And  be  it  furt^  enacted.  That  the  board  of  commissioners 
or  levy  court  may,  for  the  aforesaid  and  all  other  general  eoonty  pur- 
poses, annually  lay  a  tax  on  all  the  real  and  personal  property  in  tlM  said 
county,  except  within  the  limits  of  the  city  of  Washington,  any  existing 
law  to  the  contrary  notwithstanding,  not  exceeding  twenty-five  cents  in 
the  hundred  dollars  value  of  said  property,  for  the  collection,  aafe  keep- 
ing and  disbursement  of  which  they  are  hereby  empowered  to  appoint 
the  necessary  officers,  and  to  use  all  the  means  now  in  force  and  neoe^ 
wkxy  for  the  assessment  and  collection  of  taxes  in  the  said  coanty,  and 
to  insure  a  due  and  regular  accountability  for  the  same,  and  all  existing 


TWELFTH  CONGRESS.    Smb.  I.  Ch.  117.  1813. 


178 


1tii%  tb  firiw  they  rest  in  the  said  levy  court  a  power  to  lay  taxes^  shall 
he,  and  the  same  are  hereby  repealed. 

Sac.  9.  And  be  it  further  enacted,  That  the  board  of  commissioners 
or  levy  court  shall  be,  and  hereby  are  released  from  any  obligation  to 

Provide  for  the  support  of  the  poor  of  any  other  part  of  the  county  of 
tTashington,  other  than  that  part  without  the  limits  of  the  city  of  Wash- 
ington, to  provide  for  whom  they  are  hereby  authorized  to  lay  and  col- 
lect a  special  tax,  to  be  imposed  on  said  part  of  the  county. 

Sac.  10.  And  be  it  Jurtker  enacted,  That  the  board  of  commissioners 
or  levy  court  of  the  county  of  Washington  shall  be  hereafter  composed 
of  seven  members,  to  be  designated  immediately  after  the  passing  of  this 
act,  by  the  President  of  the  United  States,  from  among  the  existing 
tnagistrates  of  the  county,  and  annually  afterwards  on  the  first  Monday 
in  May,  that  is  to  say,  there  shall  be  two  members  designated  from 
among  the  magistrates  residing  in  that  part  of  the  county  lying  eastward 
of  Rock  creek,  and  without  the  limits  of  the  city  of  Washington;  two 
from  among  the  magistrates  residing  in  that  part  of  the  county  lying 
westward  of  Rock  creek,  and  without  the  limits  of  Georgetown ;  and 
three  from  amon^^  the  magistrates  residing  within  the  limits  of  George- 
town. A  majority  of  the  members  so  designated  shall  constitute  a 
quorum  to  do  business. 

Sec.  11.  And  be  it  further  enacted,  That  the  general  county  expenses 
and  charges,  other  than  for  the  expenses  of  roads  and  bridflres  out  of  the 
limits  of  Washington  and  Georgetown,  respectively,  shall  be  borne  and 
defrayed  by  the  said  city  of  Washington,  and  the  other  parts  of  the 
county  equally,  that  is  to  say  ;  one  moiety  of  said  expenses  and  charges 
shall  be  borne  by  the  city,  and  paid  over  to  whomsoever  the  board  of 
commissioners  or  levy  court  may  appoint  as  treasurer  of  the  court ;  and 
the  other  moiety,  by  the  other  parts  of  the  county :  which  said  general 
expenses  shall  be  ascertained  annually  by  the  said  board  of  commission- 
ers or  levy  court  and  the  corporation  of  the  said  city.  And  in  case  of 
any  difference  of  opinion  as  to  what  are  or  may  be  properly  called  gene- 
ral expenses,  and  applicable  to  the  whole  county,  agreeably  to  the  pro- 
visions of  this  and  other  acts  relating  to  the  subject,  it  shall  be  the  duty 
of  the  circuit  court  for  the  said  county,  upon  joint  application,  or  upon 
the  application  of  either  party,  and  due  notice  to  the  other  party ;  to 
inquire,  determine  and  settle  in  a  summary  way  the  matter  in  difference. 

Sec.  12.  And  he  it  further  enacted.  That  the  two  bridges  over  Rock 
creek,  immediately  between  the  city  of  Washington  and  Georgetown, 
shall  be  kept  in  repair  and  rebuilt,  in  like  manner  as  at  present,  at  the 
joint  expense  and  cost  of  the  said  city  and  Georgetown ;  and  the  sums 
required  for  such  repairs  or  rebuild ings  shall  from  time  to  time  be  ascer- 
tained by  the  said  board  of  commissioners  or  levy  court  for  the  county, 
and  the  amount  required  from  each  corporation  shall  be  paid  over,  after 
sixty  days'  notice,  to  the  treasurer  of  the  county. 

Sec.  13.  And  be  it  further  enacted,  That  it  shall  and  may  be  lawful 
at  any  time  hereafter  for  the  corporation  of  the  city  of  Washington,  and 
the  corporation  of  Georgetown,  jointly  or  separately,  and  at  their  joint 
or  separate  expense,  as  the  case  may  be,  to  erect  a  permanent  bridge 
across  Rock  creek,  and  between  the  two  places,  at  such  sites  as  the  cor- 
poration first  choosing  to  build  shall  determine  and  fix  upon ;  and  if  it 
should  be  necessary  to  obtain  private  property  on  which  to  fix  either  or 
both  the  abutments  of  the  said  permanent  bridge  or  bridges,  or  for  other 
purposes  connected  with  the  work,  the  said  corporation  so  choosing  to 
build  shall  have  power  to  agree  with  the  owner  or  owners  for  the  pur- 
chase of  such  property ;  and  in  case  of  disagreement,  or  in  case  the 
owner  shall  be  a  feme  covert,  under  age  or  non  compos,  or  out  of  the 
county,  the  mayor  of  the  said  corporation  shall  thereupon  summon  a 
jury  to  be  composed  of  twelve  freeholders,  inhabitants  of  the  said  county, 

3t2 


Le^y  eoQit 
releued  from 
•ny  oblintioB 
to  proTide  for 
a  cortain  ptrt 
of  the  poor. 


Board  of  com- 
Diitmooen  or 
levj  coort,  how 
composed  and 
deiignated. 


How  the  ge. 
nera]  and  par- 
ticular ezpeoiea 
of  the  coanty 
are  to  be  de. 
frajed. 


Bridget  over 
Rock  creek  to 
be  rebnilt  and 
kept  in  repair  at 
the  joint  ex. 
penie  of  the 
city  of  Wash- 
ington and 
Georgetown. 

The  two  cor- 
porationt      au- 
thorized to  erect 
a    permanent 
brioge. 


774 


TWELFTH  CONGRESS.    Ssss.  I.  Ch.  118, 119.    1812. 


The  two  cor. 
pormtiont  au- 
thorised to  erect 
a    permtnent 
briage. 


Proceediogt 
to  paj  for  pro- 
pertT  uken  for 
the  bridge. 


not  related  to  the  said  owner,  nor  in  any  manner  interested,  who  shall 
meet  on  the  ground  to  be  valued,  at  a  day  to  be  expressed  by  the  mayor 
in  the  said  summons,  of  which  ten  days'  notice  shall  be  gi?en  by  the 
mayor  to  the  owner  or  owners  of  the  said  ground,  or  left  at  his,  her  or 
their  place  of  abode,  or  given  to  his,  her  or  their  guardian,  if  an  infant, 
or  if  out  of  the  county,  by  publishing  notice  thereof  for  six  weeks  in 
some  newspaper  printed  in  the  county,  and  when  the  jury  shall  have 
met  pursuant  to  the  aforesaid  summons,  each  juryman  shall  swear  or 
affirm,  that  he  will  justly,  faithfully  and  impartially  value  all  the  ground 
held  as  private  property  and  intended  and  required  to  be  used  or  occu- 
pied by  reason  of  the  contemplated  erection  of  the  permanent  bridge, 
and  the  amount  of  damages  the  proprietor  or  proprietors  of  said  eround 
will  sustain  (taking  into  view  at  the  same  time  the  benefits  which  the 
said  proprietor  or  proprietors  will  derive  from  the  erection  of  the  said 
bridge)  according  to  the  best  of  his  skill  and  judgment  And  the  inquisi- 
tion and  valuation  thereupon  taken,  shall  be  signed  by  the  mayor  and  seven 
or  more  of  the  said  jury,  and  shall  be  binding  and  conclusive  upon  all 
parties  concerned ;  and  the  same  shall  be  transmitted  to  the  clerk  of  the 
county,  to  be  by  him  recorded:  and  the  valuation  expressed  in  the  afore- 
said inquisition  shall  be  paid  or  tendered  to  the  owner  or  owners  of  the 
ground  so  condemned,  or  his  or  their  legal  representatives,  by  the  cor- 
poration intending  to  build  such  bridge,  within  thirty  days  after  such 
valuation  shall  have  been  made,  and  before  any  work  is  commenced  on 
the  grounds,  so  valued. 
Affroved,  July  1, 1812. 


Statutk  I. 


Jalj  1,  1812. 


Saletof  landa 
in  the  month  of 
January,  1813, 
made  Talid. 


Purchaseraon 
complying  with 
the  terma  of 
sale  to  hare  pat- 
ent!. 


Cbap.  CXVUh^Jn  Jet  giving  vaUdity  to  the  Male  cf  certain  traete  cf  Public 
Lands  told  in  the  toeetem  Di$triet  of  the  territory  <f  Orkam^  now  itate  of 
LouinanOm 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled^  That  the  sale  of  the  several 
tracts  of  public  lands  sold  in  the  month  of  January,  one  thousand  eight 
hundred  and  twelve,  at  the  public  sales  held  under  the  superintendence 
of  the  register  of  the  land-office,  and  the  principal  deputy  surveyor  of 
the  western  district  of  the  territory  of  Orleans  (now  state  of  Louisiana,) 
be,  and  the  same  is  hereby  made  good  and  valid,  to  all  intents  and  pur- 
poses, any  law  to  the  contrary  notwithstanding:  and  the  purchasers  of 
the  said  tracts  shall  severally,  on  completing  the  payment  of  the  purchase 
money,  according  to  law,  be  entitled  to  receive  a  patent  or  patents  for  the 
lands  so  purchased  and  paid  for,  as  in  case  of  other  lands  sold  by  the 
United  States;  the  first  instalment  of  the  purchase  money  shall  be  con- 
sidered as  due  and  payable  at  ten  days  after  the  receiver  of  public  monies, 
for  the  district  within  which  the  lands  lie,  shall  have  entered  on  the  dis- 
charge of  the  duties  of  his  office. 

Approved,  July  1,  1812. 


Statute  I. 


July  1,1812. 

[Obsolete.] 
Act  of  Jan.  3, 
1S12,  ch.  11. 

President  au- 
thorised to  raite 
an  additional 
company  of 
rangers. 


Chap.  CXIX. — An  Jet  supplementary  to  **Jn  Jet  authorizing  the  President  of 
the  United  Slates  to  raise  certain  companies  of  Bangers  for  &e  protection  of  die 
frontier  (f  the  United  Slates.'' 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  the  President  of  the 
United  Sutes  be,  and  he  is  hereby  authorized  to  raise  one  additional 
company  of  rangers,  when  he  may  deem  it  necessary  for  the  public  ser- 
vice under  the  same  provisions,  conditions  and  restrictions  of  the  act  to 
which  this  is  a  supplement 
AppropriatioD.       Ssc.  2.  And  be  it  further  enacted^  That  for  defiraying  the  ezpenaes 


TWELFTH  CONGRESS.    Sbsb.  I.  Ch.  120, 121.     1812. 


775 


thereof,  the  sum  of  eleven  thousand  two  hundred  and  fifty  dollars  he,  and 
the  same  is  herehy  appropriated,  to  be  paid  out  of  any  money  in  the 
treasury  not  otherwise  appropriated. 
Approved,    July  1,  1812. 


Chap.  CXX.^JnJei  authorizing  the  PreaidetU  cf  the  United  SUdea  to  leoie^ 
for  a  term  of  yean^  any  part  of  the  reeerpoiunm  of  pubUe  grotmd  in  the  City 
of  JVoikington^ 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  President  of  the 
United  States  be,  and  he  is  hereby  authorized  to  take  possession  of  the 
whole  of  the  reservations  of  public  grounds  in  the  city  of  Washington, 
and  lease  them  out  for  a  term  not  exceeding  ten  years,  on  such  terms 
and  conditions  as  in  his  judgment  may  best  effect  the  improvement  of 
the  said  grounds,  for  public  walks,  botanic  gardens,  or  other  public 
purposes. 

Approved,  July  5, 1812. 


Statuts  I« 


Jnly  5,  1818. 
[Obaolete.] 


to 


President 
take  ponettion 
of    the    pnblio 
ffroandt  and 
lease  the  same. 


Chap.  CXXI. — JnJici  making  an  appropriation  for  the  purpose  of  discharging 
all  the  outstanding  claims  for  the  construction  and  repair  cf  the  Capitol  and 
the  Presidents  House  t  for  the  compensation  cf  the  late  Surveyor  of  the  Public 
Buildings^  and  for  furniture  for  the  Afferent  apartmente  cf  the  OapiioU  ond 
for  other  purposes. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  for  the  purpose  of  satis- 
fying all  outstanding  claims  for  services  performed  and  materials  fur- 
nished for  the  construction  and  repair  of  the  capitol  and  President's 
house,  including  therein  the  sum  of  two  thousand  five  hundred  dollars 
for  the  compensation  of  the  late  surveyor  of  the  public  buildings,  to 
the  first  day  of  July,  one  thousand  eight  hundred  and  eleven,  when  his 
duties  in  that  capacity  ceased ;  for  furniture  for  the  different  apartments 
of  the  capitol,  and  for  contingent  expenses  relating  thereto,  the  sum  of 
fourteen  thousand  five  hundred  and  seventy-three  dollars  be,  and  the 
same  is  hereby  appropriated  to  be  applied  to  the  discharge  of  the  claims 
before  mentioned,  and  to  no  other  purpose  whatsoever. 

Sec.  2.  And  be  it  further  enacted,  That  a  sum  not  exceeding  one 
thousand  dollars  be,  and  the  same  is  hereby  appropriated  for  the  purpose 
of  enabling  the  President  of  the  United  States  to  return  to  their  native 
country,  the  two  Italian  sculptors  lately  employed  on  the  public  build- 
ings, and  to  close  the  original  contract  made  with  them  on  behalf  of 
the  United  States. 

Sec.  3.  And  be  it  further  enacted.  That  the  superintendent  of  the 
city  of  Washington  be  authorized  to  contract  for  the  completion  of  the 
sculpture  in  the  south  wing  of  the  capitol,  under  the  direction  of  the 
President  of  the  United  States,  and  that  the  sum  of  four  thousand  dollars 
be  appropriated  towards  defraying  the  expense  of  the  same. 

Sec.  4.  And  be  it  further  enacted,  That  a  sum  not  exceeding  four 
thousand  dollars  be,  and  the  same  is  hereby  appropriated  for  the  com- 
pleting the  sculpture  and  the  work  on  the  galleries  of  the  Senate  cham- 
ber, the  railing  of  the  stairs  and  minor  works,  deficient  in  the  east  part 
of  the  north  wing  of  the  capitol,  and  for  temporary  repairs  to  the  roof. 

Sec.  5.  And  be  it  further  enacted.  That  the  aforesaid  sums  shall  be 
paid  out  of  any  monies  in  the  treasury  not  otherwise  appropriated. 

Approved,  July  5,  1812. 


Statutjb  !• 


Jnly  g,  181«. 
[ObsoleteJ 


Specific   ap- 
propriations. 


Appropriation 
to  pay  the  ex- 
penses of  cer« 
tain  Italian 
sculptors. 


Contract  for 
the  completion 
of  the  scoJptnre. 


Galleries    of 
the  Senate. 


776 


TWELFTH  CONGRESS.    Sbbs.  1.  Ch.  123, 124, 125.    1812. 


Statutb  !• 
Jgly  5,  1818. 

[Obtolete.] 

Certain  claima 
to  land  in  Ifiii- 
simppi  tflrritory 
eoniinned 
wbich  luiTe 
been  derived 
ftom  the  Britieh 
gOTemment. 


ProTiio. 


Statutb  I* 

July  5,  1818. 

[Obw>lete.] 
Veefelt  fh>m 
India  in  certain 
eaaea  to  be  ad- 
mitted to  entiy. 


GVAF.  GXXIII.-^n  Aa  eor^irming  granU  to  landi  in  the  MisiUrippi  territory 
derived  from  the  Briiiah  gooemmeni  of  Wett  Florida^  not  euhequenily  re» 
granted  hy  the  gooemmeni  of  Spain  or  ^  the  Dhikd  Statee. 

Be  U  enacted  hy  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled^  That  citizens  of  the  United 
States,  claiming  lands  in  the  Mississippi  territory,  bj  ?irtae  of  grants 
legally  and  fully  executed,  derived  from  the  British  go?eminent  of  West 
Florida,  whose  lands  have  not  been  subsequently  regranted  by  the 
Spanish  government  or  claimed  in  right  of  donation  or  pre-emption  cer- 
tificates granted  by  the  boards  of  commissioners  east  and  west  of  Pearl 
river,  and  whose  claims  have  been  regularly  filed  according  to  law,  with 
the  proper  register  of  the  land-office  in  the  said  territory,  and  are  em- 
braced in  the  report  of  the  commissioners  laid  before  Congress,  accord- 
ing to  law,  be  and  they  are  hereby  confirmed  in  their  respective  claims, 
according  to  the  said  grants :  Prodded^  that  nothing  in  any  law  of  the 
United  States  shall  be  construed  to  prevent  a  judicial  decision  of  con- 
troversies under  the  respective  daims  aforesaid. 

Approyed,  July  5, 1812. 


Proviao. 


See  act  of 
April  14,  1814, 
eb.66. 


Statute  I. 
Jnly  5, 181S. 

Speciftc   ap. 
propriations. 
[Obaolete.] 


Navy. 


Frigatei. 


Vetaela  dam- 
aged in  action. 

Pnrebaaing 
and    equipping 
▼eaaela  captor- 
ed. 


Cbap.  CXXIV.-slh  Aei  to  admit  the  entry  ff  vemh  cf  the  United  States  on 

certain  conditions. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  it  shall  be  lawful  to 
admit  to  entry  any  vessel  or  vessels  of  the  United  States  which  may  have 
been  laden  in  any  of  the  ports  of  India,  and  whose  master,  supercargo 
or  owner  may  have  been  compelled  to  give  bond  under  penalty,  that 
their  respective  cargoes  shall  be  landed  in  some  port  of  the  United 
States :  Provided,  that  the  duties  on  such  cargoes  be  secured  or  paid 
agreeably  to  law,  and  their  cargoes  be  deposited  in  public  stores  under 
the  care  of  the  collector  of  the  port  where  such  vessel  or  vessels  may 
arrive,  there  to  remain  at  the  risk  and  charge  of  the  owner  or  owners 
thereof,  subject  to  the  future  disposition  of  government  in  relation  to  the 
said  vessels  and  cargoes. 

Approysd,  July  5, 1812. 


Chap.  CXXV. — Jn  Jet  making  a  further  appropriation  for  the  drfence  of  the 
Maritime  frontier  and  for  the  tupport  cf  the  JVaoy  of  tM  United  States. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  sum  of  five  hundred 
thousand  dollars  be,  and  the  same  is  hereby  appropriated,  in  addition  to 
the  sums  already  appropriated,  for  thd  purposes  of  fortifying  and  defend- 
ing the  ports,  harbors  and  maritime  frontier  of  the  United  States. 

Sec.  2.  And  be  it  further  enacted,  That  for  the  support  of  the  navy 
of  the  United  States,  that  the  following  sums,  in  addition  to  the  sums 
heretofore  appropriated  for  that  object,  be,  and  the  same  is  hereby 
appropriated,  that  is  to  say : 

For  the  purpose  of  putting  and  keeping  in  service,  when  repaired, 
the  frigates  Constellation,  Chesapeake  and  Adams,  seventy-one  thousand 
two  hundred  and  filly  dollars. 

For  the  repairs  of  vessels  which  may  be  damaged  in  action  with  the 
enemy,  or  by  the  other  operations  of  war,  four  hundred  thousand  dollars. 

For  the  purpose  of  purchasing,  equipping  and  putting  into  service  and 
keeping  and  employing  therein,  such  vessds  of  war,  as  may  be  captured 
firom  the  enemy  by  the  vessels  of  war  of  the  United  States,  as  in  the 
opinion  of  the  President  of  the  United  States  shall  be  calculated  for  the 


TWELFTH  CONGRESS.    SiM.  I.  C&l  1M,  137, 1«.    1813. 


Tn 


public  Berrice,  four  hundred  and  twenty-«ight  thousand  aeven  hundred 
and  fifty  dollars. 

Sac.  3.  And  be  it  fitrther  enacted,  That  no  part  of  the  several  sums 
hereby  appropriated  shall  be  applied  to  any  other  purpose  than  those 
above  specified,  any  thing  contained  in  any  act  of  Congress  to  the  con- 
trary notwithstanding. 

Sbc.  4.  And  he  tt  fwrthar  enacted,  That  the  several  sums  hereby 
appropriated  shall  be  paid  out  of  any  monies  in  the  treasury  not  other- 
wise appropriated. 

Approtbd,  July  5, 1812. 


Specific   ap. 
pvcprUtimM. 


Chap.  CXXVI.-^s4fi  .tfef  anUhorixing  the  Seereiorf^  of  the  Treaeurf  to  tu^peni 
the  pawmerU  of  certain  biUi  drawn  by  John  Jhnutrong,  late  nunieierff  the 
Umted  Statei  at  the  Qntrt  tf  France,  upon  the  TVeoiury  /  the  United  Statee. 

Be  it  enacted  by  the  Senate  and  House  ofRwresentatioes  of  the  United 
States  of  America  m  Congress  assembud.  That  the  Secretary  of  the 
Treasury  be,  and  he  is  hereby  authorized  and  required  to  cause  to  be 
suspended  the  payment  at  the  treasury  of  the  United  States,  of  certain 
bills  drawn  by  John  Armstrong,  late  minister  of  the  United  States  at  the 
court  of  France,  in  &vour  of  the  cashier  of  the  French  treasury, 
amounting  to  one  hundred  and  fifteen  thousand  five  hundred  and  thirty- 
four  francs  and  forty-one  hundredths  of  a  firanc,  for  certain  claims 
arising  under  the  Louisiana  convention  in  favour  of  citizens  of  the 
United  States,  which  the  French  government,  by  virtue  of  an  agreement 
entered  into  with  said  minister,  had  assumed  to  pay,  until  satisfactory 
proof  shall  have  been  exhibited  to  the  accounting  officers  of  the  treasury, 
that  the  said  bills  or  a  sum  equal  thereto,  have  been  applied  for  the  pur- 
pose of  discharging  the  claims  of  citizens  of  the  United  States  against 
the  government  of  France,  which  have  been  liquidated  and  awarded  to 
them  under  the  provisions  of  the  convention  of  the  thirtieth  day  of 
April,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and  thret^ 
between  the  United  Sutes  and  the  French  republic. 

Approved,  July  6, 1812. 


Ch4P.  CXXyil,^Jn  Jet  to  eompemate  for  hie  eervieee  the  President  nro  torn. 
pore  ef  the  Senate,  acting  as  such  when  the  qffice  ofFiee  President  of  the  United 
States  shall  he  tfocantm 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  president  pro  tem- 
pore of  the  Senate  who  has  acted,  or  may  hereafter  act  as  such  when 
the  office  of  Vice  President  shall  be  vacant,  shall  receive,  during  the 
period  of  his  services,  the  same  compensation  as  is  allowed  by  law  to  the 
speaker  of  the  House  of  Representatives. 

Approved,  July  6, 1812. 


BtAVOittL 
Jolyd.lSll 


Sccrctaiy  of 
the  TrMrarT 
may  tiispeBa 
the  pcymcBt  of 
certAin  bills  on. 
dcr  LooniABA 
eoDTcntioii 
drawn  by  JoAa 
AnBfltroBf« 


STATUTC  la 

Jaly  6, 181S, 


Pretident  pro 
tempore  of  tbe 
Senate  to  liATe 
the  tAme  com- 
penaatitin  at  the 
speaker  of  the 
House  of  Repre- 
•entatifes  aor- 
ioff  the  period 
ofnis  senrices. 

Statute  I. 


Chap.  CXX  VIII.— ^  Jktforthe  sttfe  keeping  and  accommodation  of  prisoners 

Jfwasr. 

Be  it  enacted  by  the  Senate  and  House  of  Rewesentatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  President  of  the 
United  States  be,  and  he  is  hereby  authorized  to  make  such  regulations 
and  arrangements  for  the  safe  keeping,  support  and  exchange  of  prison- 
ers of  war  as  he  may  deem  expedient,  until  the  same  shall  be  otherwise 
provided  for  by  law ;  and  to  carry  this  act  into  effect,  one  hundred  thou- 
sand doUars  be,  and  the  same  are  hereby  appropriated,  to  be  paid  out 
of  any  monies  in  the  treasury  not  otherwise  appropriated. 

Approtcd,  July  6, 1^12. 
Vol.  n.— 98 


July  6,  181S. 

RepOAled  by 
act  or  March  t, 
1817,  ch.  34. 


le  ap. 
propffUtlbaA. 


788 


TWELFTH  CONGRESS.    Sns.  U.  Ch.  4, 5.    1813. 


▲ot  of  April 
10,181S,ch.66. 


ActorFeb.98, 
1796^  eh.  36. 


expense  incurred,  or  to  be  incarred,  under  an  act,  entitled  "An  act  to 
authorize  a  detachment  from  the  militia  of  the  United  States/'  passed 
the  tenfth  day  of  April,  one  thousand  eight  hundred  and  twelve ;  and 
also,  under  an  act,  entitled  *<  An  act  for  calling  forth  the  militia  to  exe> 
cute  the  laws  of  the  Union,  suppress  insurrections  and  repel  invasionsy 
and  to  repeal  the  act  now  in  force  for  those  purposes,"  passed  the 
twenty-eighth  day  of  February,  one  thousand  seven  hundred  and  ninety- 
five,  to  be  paid  out  of  any  monies  in  the  treasury  not  otherwise  appro* 
priated. 
Approyed,  December  12, 1812. 


Statute  n. 

Dee.  IS,  1812. 

[ObMleto.] 
Act  of  Bfareh 
3,1816,  eh.  78. 


Montfaly  pty 
after  Dee.  31, 
1813. 


Non-commw- 
■ioned  ofllcera, 
■oldien,8tc.8tc. 
free  fVom  arrett 
for  debt. 


Recraits    to 
have  aa  option 
to  tenre  till  the 
end  of  the  war, 
erfor  fire  years. 


Statute  n. 


Chap.  IV. — Jn  Jd  ineremsing  the  pay  of  the  non-eommitrioned  qffitenj  mutieian$f 
privakt^  and  oihen  cf  ike  Jhmy^  and  for  oikar  pwrpotet. 

Be  it  enacted  by  the  Senate  and  ^au$e  ofRqpresentaHves  eftht  United 
States  of  America  in  Congress  assembud,  That  from  and  after  the 
thirty-first  day  of  December,  eighteen  hundred  and  twelve,  the  monthly 

Ky  of  the  non-commissioned  officers,  musicians,  privates,  drivers,  bom- 
rdiers,  matrosses,  sappers,  miners,  artificers,  saddlers,  farriers,  and 
blacksmiths,  who  have  enlisted  or  shall  hereafter  enlist  in  the  service  of 
the  United  States,  shall,  during  the  continuance  of  the  war  between  the 
United  States  of  America  and  their  territories,  and  the  United  Kingdom 
of  Great  Britain  and  Ireland  and  the  dependencies  thereof,  be  as  fol- 
lows, to  wit :  To  each  sergeant  major  and  quartermaster  sergeant,  twelve 
dollars ;  to  each  sergeant  and  principal  musician,  eleven  dollars ;  to  each 
corporal,  ten  dollars;  to  each  musician,  nine  dollars;  to  each  private, 
driver,  bombardier,  matross,  sapper,  and  miner,  eight  dollars ;  to  each 
artificer,  saddler,  farrier,  and  blacksmith,  not  attached  to  the  quarter- 
master general's  and  ordnance  department,  thirteen  dollars. 

Sec.  2.  And  be  it  further  enacted,  That  during  the  continuance  of 
the  war  with  Great  Britain,  no  non-commissioned  officer,  musician,  pri- 
vate, driver,  bombardier,  matross,  sapper,  miner,  artificer,  saddler,  farrier, 
or  blacksmith,  enlisted  in  the  service  of  the  United  States,  during  his 
continuance  in  service  shall  be  arrested,  or  subject  to  arrest,  or  to  be 
taken  in  execution  for  any  debt  contracted  before  or  after  enlistment 

Sec.  3.  And  be  it  further  enacted.  That  every  non-commissioned  offi- 
cer, musician,  and  private,  who  shall,  after  the  promulgation  of  this  act, 
be  recruited  in  the  regular  army  of  the  United  States,  may,  at  his  option, 
to  be  made  at  the  time  of  enlistment,  engage  to  serve  during  the  present 
war  with  Great  Britain,  instead  of  the  term  of  five  years;  and  shall,  in 
case  he  makes  such  option,  be  entitled  to  the  same  bounty  in  money  and 
land,  and  to  all  other  allowances,  and  be  subject  to  the  same  rules  and 
regulations,  as  if  he  had  enlisted  for  the  term  of  five  years. 

Approved,  December  12,  1812. 


Dee.18,1818.    Chap.  V.  Jin  Jet  OMeernifig  the  JHUrid  and  T^rniorial  Ju^g^  (f  the  United 
States. 


Diatriet  and 
territorial 
jiidgee  to  reside 
witmn  their  dia- 
tricta  and  not  to 
exercise  the 
profoMion  of 
eonneel    or  at- 
torney, or  to  be 
enfaged  in  the 
practiee  of  the 


Be  it  enacted  by  the  Senate  and  House  of  Rmesentatives  of  the  United 
States  of  America  in  Congress  assembled.  That  hereafter  it  shall  be 
incumbent  upon  the  district  and  territorial  judges  of  the  United  States, 
to  reside  within  the  districts  and  territories  remectivel^  for  which  they 
are  appointed,  and  that  it  shall  not  be  lawful  K>r  any  judge  appointed 
under  the  authority  of  the  United  States,  to  exercise  the  profession  or 
employment  of  counsel  or  attorney,  or  to  be  engaged  in  the  practice  of 
the  law.  And  any  person  ofiending  against  the  injunction  or  prohibi- 
tion of  this  act,  shall  be  deemed  guUty  of  a  high  miedememnor. 

Appbotkd,  December  18, 1812. 


TWELFTH  CONGRESS.    Sbm.  U.  Ch.  6, 7.    1818. 


789 


Cbap.  YI An  Jet  to  inereaie  the  Na»y  cf  He  UnOed  SUUb. 

Be  it  auuied  Ay  the  Senate  and  House  of  Rmreseniatwes  of  the  United 
Stttiee  of  America  in  Congress  assembled^  That  the  President  of  the 
United  States  shall  be,  and  he  hereby  is  authorized,  as  soon  as  suitable 
materials  can  be  procured  therefor,  to  cause  to  be  built,  equipped  and 
employed,  four  shine  to  rate  not  less  than  seventy-four  guns,  and  six 
ships  to  rate  forty-four  suns  each. 

Sec.  2.  Atid  be  ii  firther  enacted.  That  there  shall  be  employed  on 
board  each'  of  the  said  ships  of  seventy*four  guns  each,  one  captain,  six 
lieutenants,  one  captain,  one  first  lieutenant  and  one  second  lieutenant 
of  marines,  one  surgeon,  one  chaplain,  one  purser  and  three  surgeons' 
mates. 

Sec.  3.  And  be  it  further  enacted.  That  there  shall  be  employed  in 
each  of  the  said  ships,  carrying  seventj-four  guns,  the  following  warrant 
officers,  who  shall  be  appoint^  by  the  President  of  the  United  States : 
one  master,  one  second  roaster,  three  masters'  mates,  one  boatswain, 
one  ffunner,  one  carpenter,  one  sail-maker,  and  twenty  midshipmen; 
and  the  following  petty  officers,  who  shall  be  appointed  by  the  captains 
of  the  ships  respectively  in  which  they  are  to  be  employed,  ?iz.  one 
armorer,  six  boatswain^  mates,  three  gunners'  mates,  two  carpenters' 
mates,  one  sail-maker's  mate,  one  cooper,  one  steward,  one  master  at 
arms,  one  cook,  one  coxswain,  one  boatswains'  yeoman,  one  gunner's 
yeoman,  one  carpenter's  yeoman,  ten  quarter  ffunners,  eight  quarter 
masters,  and  one  clerk ;  and  one  schoolmaster,  dso  to  be  appointed  by 
the  captain. 

Sec.  4.  And  be  it  further  enacted.  That  the  crews  of  each  of  the  said 
ships  of  seventy-four  guns,  shall  consist  of  two  hundred  able  seamen, 
three  hundred  ordinary  seamen  and  boys,  three  sergeants,  three  corpo* 
rals,  one  drummer,  one  fifer,  and  sixty  marines. 

Sec.  5.  And  be  it  further  enacted,  That  the  pay  of  the  schoolmaster 
shall  be  twenty-five  dollars  per  month  and  two  rations  per  day. 

Sec.  6.  And  be  it  further  enacted.  That  the  sum  of  two  millions  five 
hundred  thousand  dollars  be,  and  the  same  is  hereby  appropriated,  out 
of  any  monies  in  the  treasury  not  otherwise  appropriated,  for  Uie  building 
and  equipping  of  the  aforesaid  ships  of  war. 

Approved,  January  2, 1813. 


Chap.  VII.— ^n  Jd  directing  the  Seeretary  ef  the  TVeaaury  to  remit  Jinee,  for* 
feiluret  andpenaUies  in  certain  caea. 

Be  it  enacted  6y  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  m  all  cases  where  goods, 
wares  and  merchandise,  owned  by  a  citizen  or  citizens  of  the  United 
States,  have  been  imported  into  the  United  States  from  the  United 
Kingdom  of  Great  Britain  and  Ireland,  which  goods,  wares  and  mer- 
chandise were  shipped  on  board  vessels  which  departed  therefrom 
between  the  twenty-third  day  of  June  last,  and  the  fifleenth  day  of  Sep- 
tember last,  and  the  person  or  persons  interested  in  such  goods;  wares 
or  merchandise,  or  concerned  in  the  importation  thereof,  have  thereby 
incurred  any  fine,  penalty  and  forfeiture,  under  an  act,  entitled  "An 
act  to  interdict  the  commercial  intercourse  between  the  United  States 
and  Great  Britain,  and  France,  and  their  dependencies,  and  for  other 
purposes,"  and  an  act,  entitled  "An  act  concerning  the  commercial 
intercourse  between  the  United  States  and  Great  Britain,  and  France, 
and  their  dependencies,  and  for  other  purposes,"  and  the  act  supple- 
mentary to  the  act  last  mentioned,  on  such  person  or  persons  petitioning 
for  relief  to  any  judge  or  court  proper  to  hear  the  same,  in  pursuance 


fiTATun  n. 
JaB.S,1813. 

[ObMleto.] 
Act  of  March 

3, 1813.  ch.  64. 
Act  of  Feb.  S7, 

1815,  ch.  62. 
Shipa  of  war 

to  be  bttUt. 

Complement 
of  oiBcen  on 
board  the  • 
ty-fooza. 


Wanaat  ofll. 
ceia   on   boaid 
the  aeventj- 
foura. 


Petty  ofllcen. 


One  achool- 
raaater. 

Complementa 
of  men  on  board 
the  MTenty-fonr 
gun  ahipa. 

Pay  of  the 
achoolmaater. 

Specific  ap- 
propriation of 
2,000,000  dol. 
lara. 


StatutbII. 

Jan.  8,  1818. 

[ObMilete.] 
Secretary  of 
the  Treaaory  an- 
thorised  to  remit 
certain  finea  in. 
carred  upon  the 
importaUon  of 
gooda  ft-om 
Great  Britain. 


Act  of  March 
1, 1809,  ch.  24. 


Act  of  May  1, 
1810,  ch.  39. 
1811,  ch.  29. 


790 


TWELFTH  CONGRESS.    Sns.  IL  Ch.  8, 9, 10.    1813. 


Act  of  March 
S,  1797,  ch.  13. 


Conditiont. 

Cocts  and 
charges  and  da- 
tiaa  to  be  paid. 


ProTito  as  to 
goods  parchas- 
ed  after  the  war 
was  known  to 
eiist. 


Statute  II. 

Jan.  6,  1813. 

Act  of  Jan.  2S, 
1811,  ch.  7. 

Report  of  the 
commissioners 
adopted  and  ap. 
proved  of. 


Statute  II. 

Jan.  14»  1813. 

[Obsolete.] 
President  may 
direct  a  mail  to 
be  carried  from 
the  head  quar. 
torsof  any  army 
of  the  United 
Sutes  to  the 
nearest  post. 


Statute  II. 
Jan.  SO,  1813. 

[Obeoleto.] 
Officers  of  the 
■avy  and   ma* 


of  the  provisions  of  the  act,  entitled  "An  act  to  provide  for  mitigating 
or  remitting  the  fines,  forfeitures  and  penalties,  in  certain  cases  therein 
mentioned ;"  and  on  the  facts  being  shown,  on  inquiry  had  bj  said  judge 
or  court,  stated  and  transmitted,  as  by  said  act  is  required,  to  the 
Secretary  of  the  Treasury;  in  all  such  cases  wherein  it  shall  be  proved 
to  his  satisfaction  that  said  goods,  wares  and  merchandise,  at  the  time 
of  their  shipment,  were  bona  fide  owned  by  a  citizen  or  citizens  of  the 
United  States,  and  shipped  and  did  depart  from  some  port  or  place  in 
the  United  Kingdom  of  Great  Britain  and  Ireland,  owned  as  aforesaid, 
between  the  twenty-third  day  of  June  last  and  the  fifteenth  day  of  Septem- 
ber last,  the  Secretary  of  the  Treasury  is  hereby  directed  to  remit  all 
fines,  penalties  and  forfeitures,  that  may  have  been  incurred  under  the 
said  acts,  in  consequence  of  such  shipment,  importation  or  importations, 
upon  the  costs  and  charges  that  have  arisen  or  may  arise  being  paid,  and 
on  payment  of  the  duties  which  would  have  been  payable  by  law  on  such 
goods,  wares  and  merchandise,  if  legally  imported ;  and  also  to  direct  the 
prosecution  or  prosecutions,  if  any  shall  have  been  instituted  for  the 
recovery  thereof,  to  cease  and  be  discontinued :  Provided  nevertheless, 
that  no  case  in  which  the  purchase  of  such  goods,  wares  and  merchan- 
dise was  made,  after  war  was  known  to  exist  between  the  United  States 
and  Great  Britain,  at  the  port  or  place  where  such  purchase  was  made, 
shall  be  entitled  to  the  benefits  of  this  act. 
Approved,  January  2,  1813. 


Chap.  VIII.— jfn  Jet  t^tprooing  the  Report  of  the  OommMonen  tqipointed  by  the 
Secretary  at  War^  to  aeeertain  and  eettle  the  exterior  Hne  of  ike  pubHe  land  at 
West  Pointy  in  the  etaU  of  New  York, 

Be  it  enacted  by  the  Senate  and  House  ofRipresentatives  of  the  Umied 
States  of  America  in  Congress  assembled^  That  the  report  of  the  commi»- 
sioners  appointed  by  the  Secretary  at  War  to  settle  the  exterior  line  of 
the  public  land  at  West  Point,  in  the  state  of  New  York,  with  the 
adjoining  proprietor,  conformably  to  an  act  to  authorize  the  Secretary 
at  War  to  ascertain  and  settle,  by  the  appointment  of  commissioners, 
the  exterior  line  of  the  public  land  at  West  Point  with  the  adjoining 
proprietor,  be  and  the  same  is  hereby  approved. 

Approved,  January  5, 1813. 


Chap.  IX.— ^n  Jet  authorizing  the  Pretident  of  the  United  States  to  estobiisk 
post  routUf  in  certain  eases. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Ckmgress  assembled^  That  the  President  of  the  United 
States,  during  the  existence  of  the  war  in  which  the  United  States  are 
engaged,  or  of  any  war  in  which  they  may  be  engaged,  shall  be,  and  is 
hereby  authorized  to  direct  the  Postmaster-General  to  send  a  mail  be- 
tween the  head  quarters  of  any  army  of  the  United  States,  and  such  post^ 
oflice  as  he  may  think  proper ;  and  the  route  or  road  on  which  the  same 
shall  be  conveyed,  shall,  to  all  intents  and  purposes  be  an  established 
post  road,  so  long  as  the  mail  shall  be  sent  on  the  same,  conformably  to 
the  authority  hereby  given. 

Approved,  January  14,  1813. 


Chap.  X.— htfn  Jet  providing  J^avy  Pensions  in  certain  cases. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  if  any  officer  of  the  navy 
or  marines  shall  be  killed  or  die,  by  reason  of  a  wound  received  in  tbie 


TWELFTH  CONGRESS.    Sbss.  II.  Ca.  II,  12.    18ia 


Wl 


line  of  hia  doty,  leaving  a  widow,  or  if  no  widow,  a  child  or  children, 
under  sixteen  years  of  age,  such  widow,  or  if  no  widow,  such  child  or 
children,  shall  be  entitled  to  receive  half  the  monthly  pay  to  which  the 
deceased  vtsia  entitled  at  the  time  of  his  death,  which  allowance  shall 
continue  for  and  during  the  term  of  five  years:  but  in  case  of  the  death 
or  intermarriage  of  such  widow,  before  the  expiration  of  the  said  term 
of  five  years,  the  half  pay  for  the  remainder  shall  go  to  the  child  or 
children  of  the  said  deceased  officer:  Provided,  that  such  half  pay  shall 
cease  on  the  death  of  such  child  or  children :  and  the  money  required 
for  this  purpose  shall  be  paid  out  of  the  navy  pension  fund,  under  the 
direction  of  the  commissioners  of  that  fund. 
Approved,  January  20, 1813. 


Ch4P.  XI.— ^n  Jet  makifig  certain  partial  appropriatumt  for  the  year  one  thoti- 
larM  eight  Mmdred^nd  thirteen. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  the  sum  of  one  million  of 
dollars  be,  and  the  same  is  hereby  appropriated  towards  defraying  the 
expenses  of  the  military  establishment  of  the  United  States,  during  the 
year  one  thousand  eight  hundred  and  thirteen;  and  that  the  sum  of  one 
million  of  dollars  be,  and  the  same  is  hereby  appropriated  towards 
defraying  the  expenses  of  the  navy  during  the  year  one  thousand  eight 
hundred  and  thirteen. 

Sec.  2.  And  be  it  fitrther  enacted.  That  the  following  sums  be  appro- 
priated for  the  purposes  herein  recited,  that  is  to  say:  Towards  defray- 
ing the  compensation  granted  by  law  to  the  members  of  the  Senate  and 
House  of  Representatives,  their  officers  and  attendants,  during  the  year 
one  thousand  eight  hundred  and  thirteen,  fifty  thousand  dollars. 

Towards  defraying  the  contingent  expenses  of  the  House  of  Represen- 
tatives, during  the  year  one  thousand  eight  hundred  and  thirteen,  ten 
thousand  dollars. 

Sec.  3.  And  be  it  further  enacted.  That  the  several  appropriations, 
herein  before  made,  shall  be  paid  and  discharged  out  of  any  monies  in 
the  treasury,  not  otherwise  appropriated. 

Approved,  January  20,  1813. 


Chap.  XII.--^n  Act  euppkmentary  to  the  act  entitled  ^^An  act  for  the  moreper^ 
feet  organization  rf  the  Army  of  the  United  States" 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  the  President  of  the  United 
States  be,  and  he  is  hereby  authorized,  by  and  with  the  advice  and  con- 
sent of  the  Senate,  to  appoint  one  additional  major  to  the  first  regiment 
of  light  dragoons,  the  regiment  of  light  artillery,  each  regiment  of 
infantry,  and  the  rifle  regiment,  in  the  army  of  the  United  States,  who 
shall  receive  the  like  pay,  rations,  forage,  and  other  emoluments,  as  offi- 
cers of  the  same  grade  and  corps  of  the  present  military  establishment. 

Sec.  2.  And  be  it  further  enacted,  That  there  be  appointed,  in  manner 
aforesaid,  one  third  lieutenant  to  each  troop  or  company,  in  the  army 
of  the  United  States,  who,  if  of  cavalry  or  light  dragoons,  shall  receive 
the  monthly  pay  of  thirty  dollars,  and  of  other  corps,  twenty-three  dollars, 
and  be  allowed  the  same  forage,  rations,  and  other  emoluments,  as  second 
lieutenants  of  the  same  corps  to  which  they  belong. 

Sec.  3.  And  be  it  further  enacted.  That  there  be  allowed  to  each 
troop  or  company,  in  the  army  of  the  United  States,  one  additional  ser- 
geant, who  shall  receive  the  like  pay,  clothing,  rations,  and  other  emolu- 
ments, as  sergeants  of  the  present  military  establishment. 


rinei  to  bo 
placed,  in  cor- 
tain   catot,   on 
tho   naTj  pen- 
lion  liat. 


Act  of  March 
4,  1814,  ch.  20. 


Statute  n. 

Jan.  80, 1813. 

[ObM>lete.] 
Specific    np« 
propriationi. 


Statvtx  II. 

Jan.  SO,  1813. 

[Obsolete.] 
One  additional 
major  to  be  ap. 
pointed  for  each 
regiment  or  the 
army  of   the 
United  Statea. 
Act  of  Jane  86, 
1818,  ch.  108. 


A  third  lieo- 
tenant  to  each 
company. 


An  additional 
sergeant  to  be 
■lao  allowed. 


798 


TWELFTH  GONORESS.    Sess.  II.  Ch.  13.     18ia 


An  wdditi^Bal 
•drance  to   be 
made  to  re- 
cniita. 


Bounty  of 160 
■crea. 

Additional 
premiam  to 
recnilting  o& 
fioera. 


Proriao. 


Persona  per- 
Ibrming  a  toar 
of  militia  daty 
may  be  abaoW- 
ed  from  the  bal- 
ance  of  their 
term  of  aenrtce 
by   enliating  in 

I  army. 


thei 


Statutk  n. 
Jan.  87, 1813. 


Priie  made  by 
privato     armed 
ahipt  to  be  told 
by  marahala  of 
toe  distriota 
wherein  they 
are  condemn, 
ed. 


ProTiso. 


Sec.  4.  Attd  be  it  fitrtker  enacted,  That  in  order  to  complete  tlia 
present  militarj  establishment  to  the  full  namber  authorized  by  law» 
with  the  greatest  possible  despatch,  there  shall  be  paid  to  each  enective 
able  bodied  man,  who  shall  be  duly  enlisted  into  the  service  of  the 
United  States,  after  the  first  day  of  February  next,  to  senre  for  the  term 
of  five  years,  or  during  the  war,  an  advance  of  twenty-four  dollars,  on 
account  of  his  pay,  in  addition  to  the  existing  bounty,  one  half  of  such 
advance  to  be  paid  at  the  enlistment  of  the  recruit,  and  the  other  half 
when  he  shall  be  mustered  and  have  joined  some  military  corps  of  the 
United  States,  for  service ;  and  a  bounty  of  one  hundred  and  sixty  acres 
of  land,  as  heretofore  established  by  law. 

Sec.  5.  And  he  it  further  enacted.  That  the  commissioned  officers 
who  shall  be  employed  in  the  recruiting  service,  shall  be  entitled  to  re- 
ceive for  every  effective  able  bodied  man,  who  shall  be  duly  enlisted  after 
the  first  day  of  February  next,  by  them,  for  the  term  of  five  years  or 
during  the  war,  and  mustered,  and  between  the  ages  of  eighteen  and 
forty-five  years,  the  sum  of  four  dollars :  Provided  nevertheless,  that  this 
regulation,  so  far  as  respects  the  age  of  the  recruit,  shall  not  extend  to 
musicians,  or  to  those  soldiers  who  may  re-enlist  into  the  service :  And 
provided  also,  that  no  person  under  the  age  of  twenty-one  years,  shall  be 
enlisted  by  any  officer,  or  held  in  the  service  of  the  United  States,  with- 
out the  consent,  in  writing,  of  his  parent,  guardian,  or  master,  first  had 
and  obtained,  if  any  he  have ;  and  if  any  officer  shall  enlist  any  person 
contrary  to  the  true  intent  and  meaning  of  this  act,  for  every  such  offence 
he  shall  forfeit  and  pay  the  amount  of  the  bounty  and  clothing  which 
the  person  so  recruited  may  have  received  from  the  public,  to  be  deducted 
out  of  the  pay  and  emoluments  of  such  officer. 

Sec.  6.  And  be  it  farther  enacted.  That  it  shall  be  lawful  for  any 
person  during  the  time  he  may  be  performing  a  tour  of  militia  duty  to 
enlist  in  the  regular  army  of  the  United  States,  and  the  recruiting  offi- 
cers are  hereby  authorized  to  enlist  any  such  person  in  the  same  manner, 
and  under  the  same  regulations,  as  if  he  were  not  performing  such  militia 
duty;  and  every  person  who  shall  enlist,  while  performing  a  tour  of 
militia  duty  as  aforesaid,  shall  be  thereby  exonerated  from  serving  the 
remainder  of  said  tour ;  and  the  state  to  which  he  may  belong  shall  not 
be  required  to  furnish  any  other  person  to  serve  in  his  stead. 

Approved,  January  20,  1813. 


Chap.  XIII. — Jn  Jet  in  addition  to  the  ad  concerning  letters  if  marque^  prizes^ 
and  prize  goodi,(a) 

Be  it  enacted  by  the  Senate  and  House  ofRqnresentatives  of  the  United 
States  of  America  in  Confess  assembled.  That  all  prizes  of  vessels  and 
property,  captured  by  private  armed  ships,  commissioned  under  the 
authority  of  the  United  States,  which  may  be  condemned  in  any  district 
or  circuit  court  of  the  United  States,  shall  be  sold  at  public  auction,  by 
the  marshal  of  the  district,  in  which  the  same  shall  be  condemned, 
within  sixty  days  after  the  condemnation  thereof,  sufficient  notice  of  the 
time  and  place,  and  conditions  of  sale  being  ftrst  given,  on  such  day  or 
days,  on  such  terms  of  credit,  and  in  such  lots  or  prbportions  as  may  be 
designated  by  the  owner  or  owners,  or  agent  of  the  owner  or  owners  of 
the  privateer  which  may  have  captured  the  same :  Provided,  that  the 
term  of  such  credit  shall  not  exceed  ninety  days ;  and  the  said  marshal 
is  hereby  directed,  to  take  and  receive,  from  the  purchaser  or  purchasers 
of  such  prize  vessel  and  property,  the  money  therefor,  or  his,  her,  or 
their  promissory  notes  with  endorsers,  to  be  approved  by  the  owner  or 
owners  of  the  privateer,  to  the  amount  of  the  purchase,  payable  accord- 
ing  to  the  terms  thereof. 

(a)  See  notea  to  act  of  June  26,  1812,  chap.  107. 


TWELFTH  CONGRESS.    Sim.  II.  Gil  la     1813. 


793 


Sbc.  3.  And  be  it  further  enacted^  That  upon  all  duties,  coels,  and 
charges,  being  paid  according  to  law,  the  said  marshal  sha]],  on  demand, 
deliver  and  pay  over  to  the  owner  or  owners  of  the  privateer,  or  to  the 
agent  of  such  owner  or  owners  of  the  privateer,  which  may  have  cap- 
tured such  prize  vessel  and  property,  a  just  and  equal  proportion  of  the 
funds  received  on  account  of  the  sale  thereof,  and  of  the  promi.*>aory 
notes  directed  to  be  taken  as  aforesaid,  to  which  the  said  owner  or 
owners  may  be  entitled,  according  to  the  articles  of  agreement  between 
the  said  owner  or  owners,  and  the  officers  and  crew  of  the  said  privateer: 
and  a  just  and  equal  proportion  of  the  proceeds  of  the  sale  as  aforesaid, 
shall,  on  demand,  be  also  paid  over,  by  th^  said  marshal,  to  the  officers 
and  crew  of  the  said  privateer,  or  to  their  agent  or  agents.  And  if  there 
be  no  written  a£reement,  it  shall  be  the  duty  of  the  marshal  to  pay  over, 
in  manner  as  a&resaid,  one  moiety  of  the  proceedsvof  the  sale  of  such 
prize  vessel  and  property,  to  the  owner  or  owners,  agent  or  affents  of  the 
owner  or  owners  of  the  privateer,  which  may  have  captured  the  same ; 
and  the  other  moiety  of  the  said  proceeds  to  the  agent  or  agents  of  the 
officers  and  crew  of  the  said  privateer,  to  be  distributed  according  to 
law,  or  to  any  agreement  by  them  made :  Provided,  the  said  officers  and 
crew,  or  their  agent  or  agents,  shall  have  first  refunded,  to  the  owner  or 
owners,  or  to  the  agent  of  the  owner  or  owners  of  the  privateer  afor^ 
said,  the  full  amount  of  advances  which  shall  have  been  made  by  the 
owner  or  owners  of  the  privateer,  to  the  officers  and  crew  thereof. 

Sbc.  3.  And  be  it  further  enacted,  That  for  the  selling  prize  pro- 
perty, and  receiving  and  paying  over  the  proceeds  as  aforesaid,  the  mar- 
shal shall  be  entitled  to  a  commission  of  one  per  cent,  and  no  more, 
first  deducting  all  duties,  costs,  and  charges,  which  may  have  accrued 
on  said  property :  Provided,  that  on  no  case  of  condemnation  and  sale 
of  any  one  prize  vessel  and  cargo,  shall  the  commissions  of  the  marshal 
exceed  two  hundred  and  fifly  dollars. 

Src.  4.  And  be  it  further  enacted.  That  it  shall  be  the  duty  of  the 
marshal,  within  fifteen  days  after  any  sale  of  prize  property,  to  file  in 
the  office  of  the  clerk  of  the  district  court,  of  the  district  wherein  such 
sale  may  be  made,  a  just  and  true  account  of  the  sales  of  such  prize 
property,  and  of  all  duties  and  charges  thereon,  together  with  a  state- 
ment thereto  annexed  of  the  promissory  notes  taken  on  account  thereof, 
which  account  shall  be  verified  by  the  oath  of  the  said  marshal ;  and  if 
the  said  marshal  shall  wilfully  neglect,  or  refuse  to  file  such  account,  he 
shall  forfeit  and  pay  the  sum  of  five  hundred  dollars,  for  each  omission 
or  refusal  as  aforesaid,  to  be  recovered  in  an  action  of  debt  by  any  per- 
son interested  in  such  sale,  and  suing  for  the  said  penalty,  on  account 
of  the  party  or  parties  interested  in  the  prize  vessel  or  property  sold  as 
aforesaid,  in  any  court  having  cognizance  thereof. 

Sec.  5.  And  be  it  further  enacted,  That  the  owner  or  owners  of  any 
private  armed  vessel  or  vessels,  or  their  agent  or  agents,  may,  at  any 
time  before  a  libel  shall  be  filed  against  any  captured  vessel  or  her  cargo, 
remove  the  same  from  any  port  into  which  such  prize  vessel  or  property 
msy  be  first  brought,  to  any  other  port  in  the  United  States,  to  be  de- 
signated at  the  time  of  the  removal  as  aforesaid,  subject  to  the  same 
restrictions  and  complying  with  the  same  regulations  with  respect  to  the 
payment  of  duties,  which  are  provided  bylaw,  in  relation  to  other  vessels 
arriving  in  port  with  cargoes  subject  to  the  payment  of  duties :  Provided, 
that  before  such  removal,  the  said  captured  property  shall  not  have  been 
attached  at  the  suit  of  any  adverse  claimant,  or  a  claim  against  the  sam^ 
have  been  interposed  in  behalf  of  the  United  States. 

Approved,  January  27^  1813. 


Manh«1f  to 
|>«y  over  the 
proceeds,  Itc. 


If  no  written 
afreement,  how 
ph>ceedt  of 
prisea  ire  to  be 
paid  over  bj  the 
marthal. 


Provit^, 


Coimnitaion  to 
the  mambala  for 
this  aervice. 


Proviao. 


Marahala  to 
file  accoanta  of 
aalet,  &c.  Itc.  ia 
the  clerk'a  of- 
fice. 


Penaltiea  for 
not  doing  ao. 


Captured  Tea- 
aela  before  li* 
belt  filed  may 
be  removed. 


Proviao. 


Vol.  n.— 100 


8X 


704 


TWELFTH  CONGRESS.    Sess.  H.  Ch.  14, 16.    1613. 


Statuti!  n. 
Jan.  27,  1S13. 

[Obsolete.] 

Goods  import- 
ed into  the  Uni- 
ted Sutes  from 
British  ports  be- 
yond the  Cape 
of  Good  Hope 
eiempt  from 
fine. 


See  set  of  April 
14, 1814»ch.  66. 


1797,  cb.  13. 


Wben   to  be 


ProTiiO. 


Statute  II. 
Jan.  29, 1813. 

[Obsolete.] 

Additional  re- 
giniAnis  to  be 
raised. 

Aciof  Janua- 
ry 11,  1813,  ch. 
U. 

ActofJanaa- 
ry  14,  1:^12,  ch. 
16. 

Constitnent 
parts  of  the 
regimeiiti. 


Cbap.  XI  v.— ^n  Jet  authorizing  the  admiannn^  under  certain  etreunutaneeB^  tf 
vesaeU  owned  by  eifizetu  if  the  United  Stales  <f  America^  with  their  cargoea^ 
from  Briliih  ports  beyond  the  Cape  if  Good  Hope, 

Bf.  it  enacted  by  the  Senate  and  House  ofRtpreseniatives  of  the  United 
Spates  of  America  in  Congress  assembled^  That  in  all  cases  where 
goods,  wares  and  merchandise,  bona  fide  the  property  of  a  citizen  or 
citizens  of  the  United  States,  have  been  imported  into  the  United  States 
from  British  ports  beyond  the  Cape  of  Good  Hope,  for  the  cargoes  of 
which  vessels'bonds  have  been  required,  at  the  port  or  place  of  shipment 
from,  and  have  been  given  by  the  owners,  agents,  consignees,  or  super* 
cargoes  of  such  vessels,  that  the  cargoes  thereof  shall  be  delivered  or 
landed  at  some  port  or  place  in  the  United  S^tates;  and  the  person  or 
persons  interested  in  such  goods,  wares  or  merchandise,  or  concerned 
in  the  importation  thereof,  have  incurred  thereby  any  line,  penalty  and 
forfeiture,  or  have  delivered  the  same  into  the  possession  or  custody  of  the 
United  States,  on  such  person  petitioning  for  relief  to  any  judge  or  court 
proper  to  hear  the  same,  in  pursuance  of  the  provisions  of  the  act,  enti* 
tied  "An  act  to  provide  for  mitigating  and  remitting  the  fines,  forfei- 
tures and  penalties,  in  certain  cases  therein  mentioned ;"  and  on  the 
fdcts  being  shown,  on  inquiry  had  by  said  judge  or  court,  stated  and 
transmitted  as  by  said  act  is  required,  to  the  Secretary  of  the  Treasury; 
in  all  such  cases  wherein  it  shall  be  proved,  to  his  satisfaction,  that  said 
goods,  wares  and  merchandise,  at  the  time  of  their  shipment,  were  bona 
nde  owned  by  a  citizen  or  citizens  of  the  United  States,  and  for  the 
landing  or  delivery  of  which,  at  some  port  or  place  in  the  United  Staten, 
bonds  were  required  and  given  as  aftiresaid,  the  Secretary  of  the  Trea- 
sury is  hereby  directed  to  remit  all  fines,  penalties  and  forfeitures,  which 
may  have  been  incurred  in  consequence  of  such  shipment,  importation 
or  importations,  to  deliver  up  possession  of  the  said  vessels,  g(x>ds,  wares 
and  merchandise,  to  the  owner  or  owners  thereof,  upon  the  costs  and 
charges  that  have  arisen  or  may  arise  being  paid,  and  the  duties  payable 
on  such  goods,  wares  and  merchandise,  or  which  would  have  been  pay- 
able if  they  had  been  legally  imported,  being  paid  or  secured  to  be  paid 
according  to  law,  as  if  the  same  had  been  imported  and  entered  at  the 
time  of  the  release  thereof;  and  also  to  direct  the  prosecution  or  prosecu- 
tions, if  any  shall  have  been  instituted  for  the  recovery  of  such  fines, 
penalties,  and. forfeitures,  to  cease  and  be  discontinued:  Provided,  that 
nothing  in  this  act  contained  shall  extend  or  be  construed  to  extend  to  a 
remission  of  or  exemption  from  any  fine,  penalty  or  forfeiture  which  has 
been  or  may  be  incurred  for  a  breach  of  any  law  or  laws  of  the  United 
States  other  than  such  as  prohibit  the  admission  into  the  United  States 
of  goods,  wares  and  merchandise,  imported  as  aforesaid. 

Approted,  January  27,  1813. 


Chap.  X  VI.<— .^n  Act  in  addition  to  the  act  entitled  **An  act  to  raiae  an  additional 
military  furce^^  and  fur  other  purposes. 

Be  it  eiiacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Confess  assembled,  That  in  addition  to  the  pr^ 
sent  military  establishment  of  the  United  States,  there  be  raised  such 
number  of  regiments  of  infantry,  not  exceeding  twenty,  as  in  the  opinion 
of  the  President  may  be  necessary  for  the  public  service,  to  be  enlisted 
for  the  term  of  one  year,  unless  sooner  dischari^ed. 

Sf.c.  2.  And  be  it  further  enacted.  That  each  of  the  said  regiments 
shall  consist  of  one  colonel,  one  lieutenant  colonel,  two  majors,  one  ad- 
jutant, one  paymaster,  one  quartermaster,  one  surgeon,  two  surgeons' 
mates,  one  sergeant  major,  one  quartermaster  sergeant,  two  principal 
musicians,  and  ten  companies. 


TWELFTH  CX)NGRESS.    Sess.  O.  Ch.  16.     18ia 


705 


Skc.  3.  And  be  it  Jvrther  enaeietf,  That  each  company  shall  consist 
of  one  captain,  one  nrsi  lientenant,  one  second  lientenant,  one  third 
lieutenant,  one  ensign,  five  sergeautif,  six  corporals,  two  musicians,  and 
ninety  privates. 

Sbc.  4.  And  be  il  further  enacted,  That  it  shall  be  lawful  for  the 
President  of  the  United  States  in  the  recess  of  the  Senate  to  appoint 
such  of  the  officers  authorized  by  this  act,  as  may  not  be  appointed 
during  the  present  session ;  which  appointments  shall  be  submitted  to 
the  Senate  at  their  next  session  for  their  advice  and  consent. 

Sec.  5.  And  be  it  further  enacted.  That  all  the  'officers,  non-com- 
missioned officers,  musicians,  and  privates,  authorized  by  this  act,  shall 
receive  the  like  pay,  forage,  rations,  clothing,  and  other  emoluments 
(the  land  and  bounty  excepted)  as  the  officers  of  the  same  grade  and 
corps,  non-commissioned  officers,  musicians,  and  privates,  of  the  present 
military  establishment 

Sec.  6.  And  be  it  further  enacted.  That  the  officers,  non-commis- 
sioned officers,  musicians,  and  privates,  of  the  regiments  hereby  autho- 
rized to  be  raised,  shall  be  governed  by  the  rules  and  articles  of  war, 
which  have  been  established  by  the  United  States  in  Congress  assem- 
bled, or  by  such  rules  and  articles  as  may  be  hereafter  by  law  established. 

Sec.  7.  And  be  it  further  enacted,  That  the  commissioned  officers 
who  shall  be  employed  in  recruiting  the  force  authorized  by  this  act, 
shall  be  entitled  to  receive,  for  every  person  enlisted  by  them  into  this 
service,  for  the  term  specified,  and  approved  by  the  commanding  officer 
of  the  regiment,  and  between  the  ages  of  eighteen  and  forty-five  years, 
the  sum  of  two  dollars:  Provided  nererthekss,  that  this  regulation,  so 
far  as  respects  the  age  of  the  recruit,  shall  not  extend  to  musicians,  or 
to  those  soldiers  who  may  re-enlist  into  the  service :  And  yravided  also, 
that  no  person  under  the  age  of  twenty-one  years,  aliall  be  enlisted  by 
any  officer,  or  held  in  the  service  of  the  United  States,  without  the  con- 
sent, in  writing,  of  his  parent,  guardian,  or  master,  first  had  and  obtained, 
if  any  he  have ;  and  if  any  officer  shall  enlist  any  person  contrary  to  the 
true  intent  and  meaning  of  this  act,  for  every  such  offence  he  shall  for- 
feit and  pay  the  amount  of  the  bounty  and  clothing,  which  the  persons 
so  recruited  may  have  received  from  the  public,  to  be  deducted  out  of 
the  pay  and  emoluments  of  such  officer. 

Sec.  8.  And  be  it  further  enacted.  That  there  shall  be  allowed  and 
paid  to  each  man  recruited  as  aforesaid,  a  bounty  of  sixieen  dollars;  but 
the  payment  of  eight  dollars  of  the  said  bounty  shall  be  deferred  nntil 
he  shall  be  mustered,  and  have  joined  some  military  corps  of  the  Udited 
States. 

Sec.  9.  And  be  it  further  enacted,  That  the  said  regiments  shall  be 
paid  in  such  manner,  that  the  arrears  shall  at  no  time  exceed  two 
months;  unless  the  circumstances  of  the  case  shall  render  it  unavoidable. 

Sec  10.  And  be  it  further  enacted.  That  if  any  officer,  non-commis- 
sioned officer,  musician  or  private,  shall  be  disabled  by  wounds  or  other- 
wise, while  in  the  line  of  his  duty  in  public  service,  he  shall  be  placed 
on  the  list  of  invalids  of  the  United  States,  at  such  rate  of  pension  and 
under  such  regulations  as  are  or  may  be  directed  by  law:  Provided 
abeay$,  that  the  compensation  to  be  allowed  for  such  wounds  or  disabili- 
ties, to  a  commissioned  officer,  shall  not  exceed  for  the  highest  rate  of 
disability  half  the  monthly  pay  of  such  officer,  at  the  time  of  his  being 
disabled  or  wounded ;  and  that  no  officer  shall  receive  more  than  the 
half  pay  of  a  lieutenant  colonel ;  and  that  the  rate  of  compensation  to 
non-commissioned  officers,  musicians  and  privates  shall  not  exceed  five 
dollars  per  month:  And  provided cd so,  that  all  inferior  disabilities  shall 
entitle  the  person  so  disabled  to  receive  an  allowance  proportionate  to 
the  highest  disability. 

Sec.  11.  And  be  it  further  enacted,  That  if  any  commissioned  officer 


OTcompaniei. 


President  in«y 
appoint  the  olfi. 
cers  during  the 


Pay,  &c.  &c. 
of  the  oihcen, 
kc,  Itc. 


TobegoTem* 
ed  by  the  rulea 
and  article*  of 
war. 


Premium  to 
the  officer!  for 
enliating  men. 


Proviso. 


No  peraon  un- 
der twenty-one 
to  be  enliatf^, 
without  consent 
of  parent,  kc. 


Sixteen  del. 
lars  bounty  to 
each  man. 


Arrears  nerer 
to  exceed  two 
months. 

Disabled  offi. 
cers,  musicians, 
and  privates,  to 
be  placed  on  the 
list  of  invalids. 

Proviso. 


TOO 


TWELFTH  CX>NGIIESS.    69m.  11.  Cto.  16.     1818L 


Widow*  or 
children  ofcon- 
miMiotied  offi- 
cera  dying  from 
woandii  receW- 
0d  in  actual  aer- 
▼icA,  entitled  to 
btif  the  monthly 
pay  for  five 
years. 

Prorito. 

Non-commis* 
■ioned  officert, 
muaiciana,  or 
privatea,  desert- 
ing the  senrice. 
to  make  good 
the  time  of  ea- 
listmeiity  kc. 


Oath  (o  be 
taken  bjr  oA.. 
eersy  mosiciaaay 
and  privates. 

Form  of  the 


dtra  expen- 
ses  incarrea  by 
commissioned 
officers  to  be  «!• 
lowed,  ^. 


Officers  and 
BOidiers  dis- 
charj^ed  from 
service  to  be 
allowed  travel- 
ling expenses. 


A  chaplain  to 
be  appointed  to 
each  brigade, 
Itc. 

No  field  or 
staff  officer  en- 
titled to  receive 
pay  or  emola- 
inent  till  called 
into  actual  aer- 
▼ice. 

Certain  acts 
relating  to  vol. 
onteer  military 
corps  repealed. 

Act  or  Feb.  6, 
181S,ch.21. 

Act  of  July  6, 
18lS,ch.l38. 

Proviso. 


tihtfU,  wtiUe  in  the  bervice  of  (he  United  States,  die,  by  reason  of  anj 
wound  received  in  actual  service  of  the  United  Stales,  and  leave  a 
1tido#,  or  if  no  widow,  a  child  or  children,  under  sixteen  years  of  age, 
such  widow,  or  if  no  widow,  such  child  or  children,  shall  be  entitled  to 
and  receive  half  the  monthly  pay  to  which  the  deceased  was  entitled  at 
tlte  time  of  his  death,  for  and  during  the  term  of  five  years:  but  in  case 
of  the  death  or  intermarriage  of  such  widow,  before  the  expiration  of  the 
Said  term  of  five  years,  the  half  pay  for  the  remainder  of  the  time  shall 
go  to  the  child  or  children  of  such  deceased  officer :  Provided  aboe^s, 
that  sdch  half  pay  shall  cease  on  the  decease  of  such  child  or  children. 

Sec.  12.  And  he  it  further  enacted^  That  if  any  non-commissioned 
officer,  musician  or  private,  shall  desert  the  service  of  the  United  Sutes, 
he  shsll,  in  addition  to  the  penalties  mentioned  in  the  rules  and  articles 
of  war,  be  liable  to  serve  for  and  during  such  a  period  as  shall,  with  the 
time  he  may  have  served  previous  to  his  desertion,  amount  to  the  full 
term  of  his  enlistment;  and  such  soldier  shall  and  may  be  tried  by  a 
court  martial,  and  punished,  although  the  term  of  his  enlistment  may 
have  elapsed  previous  to  his  being  apprehended  or  tried. 

Sec.  13.  And  he  it  further  enacted^  That  every  officer,  non-commis- 
sioned officer,  musician  and  private,  shall  take  and  subscribe  the  follow- 
ing Oath  or  affirmation,  to  wit:  "I,  A.  B.  do  solemnly  swear  or  affirm 
(as  the  case  may  be)  that  I  will  beir  true  faith  and  allegiance  to  the 
United  States  of  America ;  and  that  I  will  serve  them  honestly  and  faith- 
fully  against  their  enemies  or  opposers  whomsoever;  and  that  I  will 
observe  and  obey  the  orders  of  the  President  of  the  United  States,  and 
the  orders  of  the  officers  appointed  over  me,  according  to  the  rules  and 
articles  of  war." 

See.  14.  And  he  it  further  enacted^  That  where  any  commissioned 
officer  shall  be  obliged  to  incur  any  extra  expense,  in  travelling  and 
sitting  on  general  courts  msrtial,  he  shall  be  allowed  a  reasonable  com* 
peiisation  tiir  such  extra  expense  actuslly  incurred,  not  exceeding  one 
dollar  and  twenty-five  cents  per  day  to  officers  who  are  not  entitled  to 
forage,  and  not  exceeding  one  dollar  per  day  to  such  as  riiall  be  entitled 
to  forage. 

See.  15.  And  he  it  further  enacted^  That  whenever  any  officer  or 
soldier  shall  be  discharged  from  the  service,  except  by  way  of  punishment 
for  an  offence,  he  shall  be  allowed  his  pay  and  rations,  or  an  equivalent 
in  money,  for  Mich  term  of  time  as  shall  be  sufficient  for  him  to  travel 
from  the  place  of  discharge  to  the  place  of  his  residence,  contputing  at 
the  rate  of  twenty  miles  to  a  day. 

Sec.  16.  And  he  it  further  enarJed,  That  there  shall  be  appointed  to 
each  brigade  one  chaplain,  who  shall  be  entitled  to  the  same  pay  and 
emoluments  as  a  major  in  the  infantry. 

Src  17.  And  he  it  further  enacted.  That  no  field  or  staff  officer,  who 
may  be  appointed  by  virtue  of  this  act,  shall  be  entitled  to  receive  any 
pay  or  emoluments  until  he  shall  be  calleid  into  actual  service,  nor  for 
any  longer  time  than  he  shall  continue  therein. 

Sec.  Id.  And  he  it  further  [eftocffJ,]  That  the  act,  entitled  ''An  act 
authorizing  the  President  of  the  United  States  to  accept  and  organize 
certain  volunteer  military  corps,"  and  the  act,  entitled  *'  An  act  sup- 
plementary to  the  act,  entitled.  An  act  authorizing  the  President  of 
the  United  States,  to  accept  and  organize  certain  volunteer  military 
corps,"  be,  and  the  same  are  hereby  repealed,  from  and  after  the  first 
day  of  February  next:  Provided,  that  nothing  herein  contained  shall  be 
so  construed  as  to  deprive  the  officers  and  men  who  may  have  entered 
the  service  as  volunteers,  under  the  said  acts,  of  any  rights,  immunities, 
or  privileges  therein  secured,  or  the  United  [States]  of  the  services  of  soeh 
volunteers,  agreeably  to  the  provisions  of  said  acts. 

Apfkotvd,  January  S9,  1813. 


TWELFTH  OONGRESS.    8M.  11.  VA  18,  S».    1813. 


TOT 


Crt4K  XVIIT. — Jn  Jet  iuppkmeniary  to  ah  ad  entitled  *^An  act  to  provide  for 
atiiitig  forth  the  militia  to  execute  the  laws^  eupprem  imurreetiona^  and  repel 
inoariona^^^  and  to  repeal  the  act  now  inforufor  thoee  purpoeee^  and  to  increase 
the  pay  tf  volunteer  and  nUUtia  eorpe. 

Be  it  enacted  by  the  Smote  and  House  of  Representatives  of  ike  United 
States  of  America  in  Congress  assembled^  That  in  every  case  in  which 
a  court  martial  shall  have  adjudged  and  determined  a  fine  against  any 
officer,  non-commissioned  officer,  musician,  or  private,  of  the  militia,  for 
any  of  the  causes  specified  in  the  act  to  which  this  act  is  a  supplement, 
or  in  the  fourth  section  of  an  act,  entitled  "An  act  to  authorize  a 
detachment  from  the  militia  of  the  United  States ;"  all  such  fines  so 
assessed,  shall  be  certified  to  the  comptroller  of  the  treasury  of  the 
United  States,  in  the  same  manner  as  the  act  to  which  this  act  is  a  sup- 
plement directed  the  same  to  be  certified  to  the  supervisor  of  the 
revenue. 

Sbc.  2.  And  he  it  further  enacted^  That  the  marshals  shall  pay  all 
fines  which  have  been  levied  and  collected  by  them  or  their  respective 
deputies,  under  the  authority  of  the  acts  herein  referred  to,  into  the 
treasury  of  the  United  States,  within  two  months  after  they  shall  have 
received  the  same,  deducting  five  per  centum  for  their  own  trouble ; 
and  in  case  of  failure,  it  shall  be  the  duty  of  the  comptroller  of  the 
treasury  to  give  notice  to  the  district  attorney  of  the  United  States,  who 
shall  proceed  against  the  said  marshal  in  the  district  court  by  attachment 
for  the  recovery  of  the  same. 

Sec.  3.  And  he  it  further  enacted^  That  the  non-commissioned 
officers,  musicians,  and  privates  of  Tolunteer  and  militia  corps,  who, 
subsequent  to  the  thirty-first  day  of  December,  one  thousand  eight  hun- 
dred and  twelve,  shall  have  been  or  may  hereafter  be  called  out,  while 
io  the  service  of  the  United  States,  shall,  during  the  continuance  of  the 
present  war  between  the  United  Kingdom  of  Great  Britain  and  Ireland, 
and  the  dependencies  thereof,  and  the  United  States  of  America,  and 
their  territories,  be  entitled  to  and  receive  the  same  monthly  pay,  rations, 
and  forage,  and  furnished  with  the  same  camp  equipage  as  are  or  may 
be  provided  by  law  for  thie  non-commissioned  officers,  musicians,  and 
privates  of  the  army  of  the  United  States. 

Approved,  February  2,  1813. 


Chap.  XX. — Jin  Act  giving  the  right  of  pre-emption  in  the  purehaee  (f  lands  to 
certain  settlers  in  the  JlUnois  territory. 

Be  it  enacted  by  the  Senate  and  House  of  R^esentatives  of  the  United 
States  of  America  in  Congress  assembled^  That  every  person,  or  legal 
representative  of  every  person,  who  has  actually  inhabited  and  culti- 
vated a  tract  of  land  lying  in  either  of  the  districts  established  for  the 
sale  of  public  lands,  in  the  Illinois  territory,  which  tract  is  not  rightfully 
claimed  by  any  other  person,  and  who  shall  not  have  removed  from  said 
territory ;  every  such  person  and  his  legal  representatives  shall  be  enti- 
tled to  a  preference  in  becoming  the  purchaser  from  the  United  States 
of  such  tract  of  land  at  private  sale,  at  the  same  price  and  on  the  same 
terms  and  conditions  in  every  respect,  as  are  or  may  be  provided  by  law 
for  the  sale  of  oth^  lands  sold  at  private  sale  in  said  territory,  at  the 
time  of  making  such  purchase:  Provided^  that  no  more  than  one  quar- 
ter section  of  land  shall  be  sold  to  any  one  individual,  in  virtue  of  this 
act ;  and  the  same  shall  be  bounded  by  the  sectional  and  divisional  lines 
run,  or  to  be  run,  under  the  direction  of  the  surveyor  general  for  the 
division  of  the  public  lands:  Provided  abo,  that  no  lands  reserved  from 
sale  by  former  acts,  or  lands  which  have  been  directed  to  be  sold  in  town 
lots,  and  out  lots^  shall  be  sold  under  this  act 

3x2 


STATunlL 
Feb.  t,  1811. 


ActorFeb.88» 
1796,  ch.  36. 

Fiaet  impoMd 
bj  courts  mar- 
tial to  be  certi- 
fied to  the 
comptroller  of 
the  treasury. 

Act  or  April 
18, 1806,ch.8S. 

Act  of  April 
10,181S,ch.fi6. 


Marshals  to 
pay  fines  within 
two  months 
after  collection 
into  the  treasu- 
nr,  dedacting 
nre  per  cent. 


Non-commis- 
sioned officers, 
masicians,  and 
privates  of  toI- 
unteer  and  mili- 
tia corps  enti- 
tled to  the  same 
monthly  pay,  ra- 
tions, and  fur- 
aBe,lM.  as  those 
of  the  army  of 
the  United 
Sutes. 


Statutx  II. 

Feb.  6,  1813. 

Act  of  April  29, 
1816,  ch.  162. 
Inhabitants 
and  cultivators 
of  land  lying  in 
districts  ettab- 
lished  for  the 
sale  thereof,  en- 
titled to  prefer- 
ence in  purchas- 
ing. 


No  more  than 
one  qnsrter  sec- 
tion to  be  sold 
to  any  individ- 
ual. 

No  lands  to  be 
sold  which  were 
reserved  by  for- 
mer acts. 


7DS 


TWELFTH  CONGRESS.    Sim.  n.  Ch.  21.     1813. 


Peraont  claim- 
ing a  preference 
io  parchasing  to 
delifer  notice  in 
writing  to  the 
register  of  the 
land-office,  %x. 


If  ■  penon  ia 
•ntitlea  to  a  pre- 
ference he  may 
enter  the  same. 


ProTioo. 


How  the  pre- 
ference may  be 
forfeited. 


Statute  II. 


Sec.  2.  And  be  it  further  enacted^  That  every  person  claiming  a 
preference  in  becoming  the  purchaser  of  a  tract  of  land,  in  virtue  of  this 
act,  shall  make  known  his  claim,  by  deliveriug  a  notice  in  writing,  to 
the  register  of  the  land-office,  for  the  district  in  which  the  land  may  lie, 
wherein  he  shall  particularly  designate  the  quarter  section  he  claims; 
which  notice  the  register  shall  file  in  his  office,  on  receiving  twenty-five 
cents  from  the  person  delivering  the  same.  And  in  every  case  where  it 
shall  appear  to  the  satisfaction  of  the  register  and  receiver  of  public 
monies  of  the  land-office,  that  any  person,  who  has  delivered  his  notice 
of  claim,  is  entitled,  according  to  the  provisions  of  this  act,  to  a  prefer- 
ence in  becoming  the  purchaser  of  a  quarter  section  of  land,  such  per- 
son so  entitled  shall  have  a  right  to  enter  the  same,  with  the  register  of 
the  land-office,  on  producing  his  receipt  from  the  receiver  of  public 
monies  for  at  least  one  twentieth  part  of  the  purchase  money,  as  in  case 
of  other  public  lands  sold  at  private  sale :  Provided,  that  all  lands  to  be 
sold  under  this  act  shall  be  entered  with  the  register,  at  least  two  weeks 
before  the  time  of  the  commencement  of  the  public  sales,  In  the  district 
wherein  the  land  lies :  and  every  person  having  a  right  of  preference  in 
becoming  the  purchaser  of  a  tract  of  land,  who  shall  fail  so  to  make  his 
entry  with  the  register,  within  the  time  prescribed,  his  right  shall  be 
forfeited,  and  the  land  by  him  claimed  shall  be  offered  at  public  sale, 
with  the  other  public  lands  in  the  district  to  which  it  belongs. 

Approved,  February  5, 1813. 


Feb.  8,  1813. 


President  au- 
thorized to  bor- 
row, on  the 
credit  of  the 
United  Sutes,  a 
aum  not  exceed- 
ing  tixteen  mil- 
lions of  dollars. 


Reimbnrsable 
in  twelve  years 
from  the  first  of 
January,  1814. 

Sale  of  the  cer- 
tificates of  stock 
a  good  execu- 
tion of  power  to 
borrow. 

President  to 
cause  to  he  laid 
before  Congress 
an  account  of 
all  the  monies 
obtained  by  sale 
of    certificates. 

Secretary  of 
the  Treasury, 
with  the  appro- 
bation or  the 
President,  to 
employ  agents 
to  obtain  snb- 
■criptions  to  the 
loan. 


Chap.  XXI. — An  Act  authorizing  a  Loan  for  a  turn  not  exceeding  tixteen  milUona 

(f  dollan. 

Be  it  enacted  by  the  Senate  and  Hmise  of  Rmresentatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  President  of  the 
United  States  be,  and  he  is  hereby  authorized  to  borrow,  on  the  credit 
of  the  United  States,  a  sum  not  exceeding  sixteen  millions  of  dollars,  to 
be  applied,  in  addition  to  the  monies  now  in  the  treasury,  or  which  may 
be  received  from  other  sources,  to  defray  any  of  the  expenses  which  have 
been,  or,  during  the  present  session  of  Congress,  may  be  authorized  by 
law,  and  for  which  appropriations  have  been,  or,  during  the  present 
session  of  Congre.ss,  may  be  made  by  law :  Provided,  that  no  engage- 
ment nor  contract  shall  be  entered  into,  which  shall  preclude  the  United 
States  from  reimbursing  any  sum  or  sums  thus  borrowed,  at  any  time 
afier  the  expiration  of  twelve  years,  from  the  first  day  of  January  next : 
And  it  is  hereby  further  declared,  That  it  shall  be  deemed  a  good  execution 
of  the  said  power  to  borrow,  for  the  President  of  the  United  States  to 
cause  to  be  sold  the  whole  or  any  part  of  the  certificates  of  stock  issued 
for  the  sums  to  be  borrowed  by  virtue  of  this  act. 

Sec.  2.  And  be  it  further  enacted.  That  the  President  of  the  United 
States  do  cause  to  be  laid  before  Congress,  on  the  first  Monday  in 
February,  eighteen  hundred  and  fourteen,  or  as  soon  thereafter  as  Con- 
gress may  be  in  session,  an  account  of  all  the  monies  obtained  by  the 
sale  of  the  certificates  of  stock,  by  virtue  of  the  power  given  him  by  the 
preceding  section,  together  with  a  statement  of  the  rate  at  which  the 
same  may  have  been  sold. 

Sec.  3.  And  be  it  further  enacted,  That  the  Secretary  of  the  Trea- 
sury be,  and  he  ia  hereby  authorized  to  employ,  with  the  approbation 
of  the  President  of  the  United  States,  an  agent  or  agents,  for  the  pur- 
pose of  obtaining  subscriptions  to  the  loan  authorized  by  this  act,  or  of 
selling  any  part  of  the  stock  created  by  virtue  thereof.  A  commission 
not  exceeding  one  quarter  of  one  per  cent,  on  the  amount  thus  sold,  or 
for  which  subscriptions  shall  have  been  thus  obtained,  may,  by  the  Secr^ 
tary  of  the  Treasury,  be  allowed  to  such  agent  or  agents ;  and  a  sum 


TWELFTH  CONGRESS.    Sbsb.  U.  Ch.  5».      1813. 


799 


not  exceeding  forty  thousand  dollars,  to  be  paid  out  of  anj  monies  in 
the  treasury  not  otherwise  appropriated,  is  hereby  appropriated  for  pay- 
ing the  amount  of  such  commission  or  commissions,  as  may  be  thus 
allowed,  and  also  for  defraying  the  expenses  of  printing  and  issuing  the 
subscription  certificates  and  certificates  of  stock  and  other  expenses 
incident  to  the  receiving  of  subscriptions,  and  completing  the  loan 
authorized  by  this  act. 

Src.  4.  And  be  it  fitrther  enacted.  That  so  much  of  the  funds  con- 
stituting the  annual  appropriation  of  eight  millions  of  dollars,  for  the 
payment  of  the  principal  and  interest  of  the  public  debt  of  the  United 
States,  as  may  be  wanted  for  that  purpose,  after  satisfying  the  sums 
necessary  for  the  payment  of  the  interest,  and  such  part  of  the  principal 
of  said  debt,  as  the  United  States  are  now  pledged  annually  to  pay  or 
reimburse,  is  hereby  pledged  and  appropriated  for  the  payment  of  the 
interest,  and  for  the  reimbursement  of  the  principal  of  the  stock  which 
may  be  created  by  virtue  of  this  act :  it  shall  accordingly  be  the  duty  of 
the  commissioners  of  the  sinking  fund,  to  cause  to  be  applied  and  paid 
out  of  the  said  fund  yearly,  such  sum  and  sums  as  may  be  annually 
wanted  to  discharge  the  interest  accruing  on  the  said  stock,  and  to  reim- 
burse the  principal  as  the  same  shall  become  due,  and  may  be  discharged 
in  conformity  with  the  terms  of  the  loan ;  and  they  are  further  autho- 
rized to  apply,  from  time  to  time,  such  sum  or  sums,  out  of  the  said 
fund,  as  they  may  think  proper,  towards  redeeming  by  purchase,  and  at 
a  price  not  above  par,  the  principal  of  the  said  stock,  or  any  part  thereof 
And  the  faith  of  the  United  States  is  hereby  pledged,  to  establish  suffi- 
cient revenues  for  making  up  any  deficiency  that  may  hereafter  take 
place.in  the  funds  hereby  appropriated  for  paying  the  said  interest,  and 
principal  sums,  or  any  of  them,  in  manner  aforesaid. 

Sec.  5.  And  be  it  further  enacted,  That  it  shall  be  lawful  for  any  of 
the  banks  in  the  district  of  Columbia,  to  lend  any  part  of  the  sum  autho- 
rized to  be  borrowed  by  virtue  of  this  act,  any  thing  in  any  of  their 
charters  of  incorporation  to  the  contrary  notwithstanding. 

Approved,  February  8, 1813. 


Chap.  XXIl. — w9n  ^et  regulating  perutons  to  persons  on  board  private  armed 

ships. 

Be  it  enacted  by  the  Senate  and  House  of  Rmresentatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  two  per  centum 
reserved  in  the  hands  of  the  collectors  and  consuls  by  the  act  of  June, 
eighteen  hundred  and  twelve,  entitled  "An  act  concerning  letters  of 
marque,  prizes,  and  prize  goods,"  shall  be  paid  to  the  treasury,  under 
the  like  regulations  provided  for  other  public  money,  and  shall  constitute 
a  fund  for  the  purposes  provided  for  by  the  seventeenth  section  of  the 
before  mentioned  act. 

Sec.  2.  And  be  it  further  enacted^  That  the  Secretary  of  the  Navy 
be  authorized  and  required  to  place  on  the  pension  list,  under  the  like 
regulations  and  restrictions,  as  are  used  in  relation  to  the  navy  of  the 
United  States,  any  officer,  seaman  or  marine,  who,  on  board  of  any  pri- 
vate armed  ship  or  vessel  bearing  a  commission  of  letter  of  marque,  shall 
have  been  wounded  or  otherwise  disabled  in  any  engagement  with  the 
enemy;  allowing  to  the  captain  a  sum  not  exceeding  twenty  dollars  per 
month ;  to  lieutenants  and  sailing  master  a  sum  not  exceeding  twelve 
dollars  each  per  month  ;  to  marine  officer,  boatswain,  gunner,  carpenter, 
master's  mate  and  prize  masters,  a  sum  not  exceeding  ten  dollars  each 
per  month ;  to  all  other  officers  a  sum  not  exceeding  eight  dollars  each 
per  month,  for  the  highest  rate  of  disability,  and  so  in  proportion ;  and 
to  a  seaman,  or  acting  as  a  marine,  the  sum  of  six  dollars  per  month,  for 


CommMrioB  to 
igenU. 

Forty  Uioutand 
dollars  appro- 
priated to  pay 
eommisaions 
and  defray  other 
expense*. 

Surplus  fandi 
of  the  annual 
appropriation  of 
eight  millions  of 
dollars  fur  the 
payment  of  the 
public  debt, 
pledged  for  the 
redemption  of 
the  present 
loan. 

Commissionera 
of  the  sinking 
fond  to  act  ac- 
cordingly. 


The  faith  of 
the  U.  Sutea 
pledged  to  es- 
Ublish  sufficient 
revenues  to 
make  up  defi- 
ciencies. 

Banks  in  the 
District  of  Co. 
lunibia  author- 
ized to  lend  mo- 
ney under  this 
act. 

Statute  II. 
Feb.  13,  1813. 

1812,  ch.  107. 

1813,  ch.  63. 
Act  of  March 

4,  1814.  ch.  20. 

Act  of  March 
3, 1817,  ch.  60. 

Act  of  April 
16, 1818,  ch.  60. 

Act  of  Jan. 
22, 1824, ch. 15. 
Act  ofJune  30, 
1834,  ch.  134. 

Act  of  March 
3,  1837,  ch.  40. 

The  two  per 
cent,  reserved  la 
the  hands  of  the 
collectors  and 
consuls,  to  be 
paid  into  the 
treasury,-  to 
constitute  a 
fund,  &c. 

Secretary  of 
the  Navy  to 
place  certain 
persons  on  the 
pension  list. 


For  act  of  Feb.  IS,  181»,  See  Vel.  S,  p.  472. 


eoo 


TWELFTH  CONGRESS.    Ssm.  TL  Ch.  28.     ISia 


Commanding 
oiBcera  to  enter 
the  names,  &e. 
of  woanded  per- 
ioni  in  a  joor- 


CoUecton  to 
transmit  a  tran- 
neript  of  inch 
Jonmali  to  the 
Beereury  of  the 
NaT/,  &e. 


Statuts  n. 


the  highest  rate  of  disabilitj,  and  to  in  proportion ;  which  aereral  peift- 
sions  shall  be  paid,  by  direction  of  the  SecreUry  of  the  Navy,  out  of  the 
fand  above  provided,  and  from  no  other. 

See.  3.  And  be  ii  further  enacted^  That  the  commanding  officer  of 
every  vessel  having  a  commission,  or  letters  of  marque  and  reprisal,  shall 
enter  in  his  journal  the  name  and  rank  of  any  officer,  and  the  name  of 
any  seaman,  who,  during  his  cruise,  shall  have  been  wounded  or  di^ 
abled  as  aforesaid,  describing  the  manner  and  extent,  as  far  as  practica- 
ble, of  such  wound  or  disability. 

Sec.  4.  And  he  U  Jurther  enacted.  That  every  collector  shall  trans- 
mit quarterly  to  the  Secretary  of  the  Navy,  a  transcript  of  such  journals 
as  may  have  been  reported  to  him,  so  far  as  it  gives  a  list  of  the  officers 
and  crew,  and  the  description  of  wounds  and  disabilities,  the  better  to 
enable  the  secretary  to  decide  on  claims  for  pensions. 

Approved,  February  13,  1813. 


Feb.  13, 1818. 

Act  of  April 
81, 1806,  ch  40. 

Act  of  March 
3, 1807,  ch.  47. 

Act  of  Feb. 
19,1814,  ch.  14. 

Act  of  April 
16, 1816,  ch.  52. 

Certain  decl- 
iions  of  the  re- 
gister and  re- 
ceiTerof  public 
monies  confirm, 
ed. 

1810,  ch.  35. 


Claims  of  cer- 
tain pertonj 
confirmed. 


Locations  to 
be  entered  ac- 
cordingl/. 


1806.  ch.  40. 
1814,  ch.  18. 


Persons  enti- 
tled to  land  to 
receive  certifi- 
cates aothorii- 
ing  the  granting 
orpateBtt. 


Chap.  XXIII.— ^n  Jiet  eonftrmin/(  certain  ekdnu  to  landa  in  the  dietriet  of 

Vincenna. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  all  the  decisions  of 
the  register  and  receiver  of  public  monies  for  the  district  of  Vincennes, 
made  in  favour  of  persons  claiming  donation  lands  in  said  district,  as 
entered  in  a  list  of  claims  which  in  the  opinion  of  the  said  register  and 
receiver  ought  to  be  confirmed  in  pursuance  of  the  act,  entitled  "An 
act  providing  for  the  sale  of  certain  lands  in  the  Indiana  territory,  and 
for  other  purposes,"  passed  on  the  thirtieth  day  of  April,  one  thousand 
eight  hundred  and  ten,  which  list  is  a  part  of  their  report  to  the  Secre- 
tary of  the  Treasury,  bearing  date  of  the  twenty-seventh  day  of  May,  one 
thousand  eight  hundred  and  twelve,  be,  and  the  same  are  hereby  con- 
firmed. 

Sec.  2.  And  be  it  further  enacted,  That  the  following  persons  whose 
claims,  according  to  the  aforesaid  report,  are  not  embraced  by  the  pro- 
visions of  the  above  recited  act,  but  which  nevertheless  in  the  opinion 
of  the  register  and  receiver  ought  to  be  confirmed,  shall  be,  and  their 
claims  are  hereby  confirmed  respectively,  to  the  following  quantities  of 
land,  that  is  to  say :  the  heirs  of  Francis  Peltier,  the  heirs  of  Bernice 
Lefevre,  and  the  heirs  of  Jean  Btt.  Valecour,  respectively,  four  hundred 
acres ;  Rene  Campeau,  Francois  Cardini\|,  the  heirs  of  Joseph  Pancake, 
the  heirs  of  Jacob  Howell,  the  heirs  of  Alexander  Wilson,  the  heirs  of 
Daniel  Sullivan,  and  the  heirs  of  Jacob  Tevebaugh,  re^ctively,  one 
hundred  acres. 

Sec.  3.  And  be  it  further  enacted.  That  the  several  persons  whose 
claims  are  confirmed  by  this  act,  are  hereby  authorized  to  enter  their 
locations  with  the  register  of  the  land-office  at  Vincennes,  on  any  part 
of  the  tract  set  apart  for  that  purpose  in  said  district,  by  virtue  of  the 
act,  entitled  *'An  act  respecting  claims  to  lands  in  the  Indiana  territory 
and  state  of  Ohio,"  and  in  conformity  to  the  provisions  of  that  act :  Pro- 
vided,  that  such  locations  shall  be  made  prior  to  the  first  day  of  October 
next ;  and  the  right  of  any  person  who  shall  neglect  to  locate  prior  to 
that  day  shall  become  void  and  for  ever  be  barred. 

Sec.  4.  And  be  it  further  enacted,  That  every  person,  or  the  legal 
representative  of  every  person,  whose  claim  to  a  tract  of  land  is  con- 
firmed by  this  act,  shall,  whenever  his  claim  shall  have  been  located  and 
surveyed,  be  entitled  to  receive  from  the  register  of  the  land-office  at 
Vincennes  a  certificate,  stating  that  the  claimant  is  entitled  to  receive  a 
patent  for  such  tract  of  land  bv  virtue  of  this  act ;  for  which  certificate 
the  register  shall  receive  one  dollar ;  and  which  certificate  shall  entitle 


TWELFTH  CONGRESS.    Sbss.  II.  Ch.  24, 27.    18ia 


80! 


the  party  to  a  patent  for  the  said  tract  of  land,  which  ahall  issae  in  like 
manner  as  is  provided  by  law  for  the  other  lands  of  the  United  States. 
Approved,  February  13, 1813. 


Statute  n. 


Chap,  XXIV.— ^n  ML  making  pro9uionfar  on  addiiional  fwmlfer  of  general    p^,,  24^  jgjj 


Be  ii  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assemhied,  That  the  President  be,  and 
he  is  hereby  authorized  by  and  with  the  advice  and  consent  of  the 
Senate,  to  appoint  six  major  generals,  in  addition  to  those  already  autho- 
rized by  law ;  each  of  whom  shall  be  allowed  two  aid»^e-camp  to  be 
taken  from  the  officers  of  the  line,  and  six  brigadier  generals,  who  shall 
be  allowed  a  brigade  major,  and  one  aid-de-camp,  each  to  be  taken  also 
from  the  officers  of  the  line. 

Sec.  2.  And  be  it  further  enacted,  That  the  officers  anthorized  by 
this  act  shall  receive  the  same  pay,  forage,  rations,  and  other  emolu- 
ments, as  the  officers  of  the  same  grade  of  the  present  military  establish- 
ment. 

Approved,  February  24, 1813. 


[ObMlete.] 

Act  of  March 
3, 1815,  ch.  78. 

Six  major  ge- 
neral! to  bo  ap. 
pointed. 

Two  aids- de- 
camp allowed  to 
each. 

Six  brigadier 
generals  to  be 
also  appointed. 

Aids,  kc.  kc. 

Their  pay,  &e. 


Statvte  II. 


Crap.  XXVII.— ^n  Jet  authorizing  the  isnting  of  Treatwry  notes  for  the  ser- 
vice of  the  year  one  thousand  eight  hundred  and  thirteen.(a) 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
Stales  of  America  in  Congress  assembled^  That  the  President  of  the 
United  States  be,  and  he  is  hereby  authorized  to  cause  treasury  notes 
for  such  sum  or  sums  as  he  may  think  expedient,  but  not  exceeding  in 
the  whole  the  sum  of  five  millions  of  dollars,  to  be  prepared,  signed,  and 
issued,  in  the  manner  herein  after  provided. 

Sec.  2.  And  be  it  Jurther  enacted,  That  the  President  of  the  United 
States  be,  and  he  is  hereby  authorized,  in  addition  to  the  amount  autho- 
rized by  the  next  preceding  section  of  this  act,  to  cause  treasury  notes, 
for  such  sum  or  sums  as  he  may  think  expedient,  but  not  exceeding  in 
the  whole  the  further  sum  of  hve  millions  of  dollars,  to  be  prepared, 
signed,  and  issued  in  the  manner  herein  after  provided :  Provided,  that 
the  amount  of  money  borrowed  or  obtained,  by  virtue  of  the  notes  which 
may  be  issued  by  virtue  of  this  section,  shall  be  deemed  and  held  to  be 
in  part  of  the  sum  of  sixteen  millions  of  dollars,  authorized  to  be  bor- 
rowed by  virtue  of  the  act  to  tKat  effect,  passed  during  the  present  session 
of  Congress. 

Sec.  3.  And  be  it  further  enacted,  That  the  said  treasury  notes  shall 
be  reimbursed  by  the  United  States,  at  such  places  respectively  as  may 
be  expressed  on  the  face  of  the  said  notes,  one  year  respectively  after 
the  day  on  which  the  same  shall  have  been  issued ;  from  which  day  of 
issue  they  shall  bear  interest,  at  the  rate  of  five  and  two-fifths  per  centum 
a  year,  payable  to  the  owner  and  owners  of  such  notes,  at  the  treasury, 
or  by  the  proper  commissioner  of  loans,  or  by  the  officer  designated  for 
that  purpose,  at  the  places  and  times  respectively  designated  on  the  face 
of  said  notes,  for  the  payment  of  principal. 

Sec.  4.  And  be  it  Jurther  enacted,  That  the  said  treasury  notes  shall 
be  respectively  signed,  in  behalf  of  the  United  States,  by  persons  to  be 
appointed  for  that  purpose  by  the  President  of  the  United  States,  two 
of  which  persons  shall  sign  each  note,  and  shall  each  receive,  as  a  com- 
pensation for  that  service,  at  the  rate  of  one  dollar  and  twenty-five  cents 
for  every  hundred  notes  thus  signed  by  them  respectively ;  and  the  said 


Feb.  25, 1818. 

[Obsolete.] 
Act  of  May  8, 
1838.  ch.  47. 
Treasury  notes 
for  five  millions 
of  dollars  to  be 
prepared  and  is- 
■ned. 

Additional 
sum  of  Atc  mil. 
lions  of  dollars 
to  be  borrowed 
apon   treasury 
notes. 

ProYiso. 
1818,  ch.  21. 


Terms  and 
places  of  reiffi. 
Darsement. 


By  whom  the 
notes  ar«  to  be 
signed. 

Their  compen- 
sation. 


Vol.  II.— 101 


(a)  See  notes  to  act  of  June  SO,  1812,  chap.  111. 


dm 


TWELFTH  CONGRESS.    Sess.  II.  Ch.  27.      18ia 


Secretary  of 
the  Treasury 
may  pay  the 
notes  for  iup- 
plies,  kc.  AC. 


Sams  may  be 
borrowed  oa  the 
credit  of  the 
notes. 


Secretary  of 
the  Treasury 
may    emplor 
agents  for  sell- 
ing the  stock. 


At  what  com- 
mission. 


How  transfer. 

able. 


Treasury  notes 
receivable  for 
all  public  dues. 


Interest  to  be 
computed  upon 
treasury  notes 
receiTM  in  pay. 
ment  for  public 
dues  and  charg- 
ed to  and  cred. 
ited  in  the  ac- 
counts of  the 
officers  so  pay. 
ing. 


notes  shall  likewise  be  countersigned  by  the  commissioner  of  loans  fi>r 
that  state  where  the  notes  may  respectively  be  made  payable,  or  by  the 
register  of  the  treasury,  if  made  payable  in  the  district  of  Columbia,  or 
by  a  person  to  be  appointed  for  that  purpose  by  the  President  of  the 
United  States,  if  made  payable  in  a  state  for  which  there  is  no  commis- 
sioner of  loans ;  which  person  or  persons  thus  appointed  shall  also 
receive,  as  a  compensation  for  that  service,  at  the  rate  of  one  dollar  and 
twenty-five  cents  for  every  hundred  notes  thus  signed  by  him  or  them 
respectively. 

Sec.  5.  And  be  it  further  enacted.  That  the  Secretary  of  the  Trea- 
sury be,  and  he  is  hereby  authorized,  with  the  approbation  of  the  Presi- 
dent of  the  United  States,  to  cause  to  be  issued  such  portion  of  the  said 
treasury  notes  as  the  President  may  think  expedient,  in  payment  of  sup- 
plies, or  debts  due  by  the  United  States,  to  such  public  creditors  or 
other  persons  as  may  choose  to  receive  such  notes  in  payment,  as  afore> 
said,  at  par :  and  the  Secretary  of  the  Treasury  is  further  authorized, 
with  the  approbation  of  the  President  of  the  United  States,  to  borrow 
from  time  to  time,  not  under  par,  such  sums  as  the  President  may  think 
expedient  on  the  credit  of  such  notes;  or  to  sell,  not  under  par,  such 
portion  of  the  said  notes  as  the  President  may  think  expedient.  And  it 
shall  be  a  good  execution  of  this  provision  to  pay  such  notes  to  such 
bank  or  banks  as  will  receive  the  same  at  par,  and  give  credit  to  the 
treasurer  of  the  United  States  for  the  amount  thereof,  on  the  day  on 
which  the  said  notes  shall  thus  be  issued,  and  paid  to  such  bank  or 
banks  respectively. 

Sec.  6.  And  be  it  further  enacted.  That  the  Secretary  of  the  Treasury 
be,  and  he  is  hereby  authorized,  with  the  approbation  of  the  President 
of  the  United  States,  to  employ  an  agent  or  agents  for  the  purpose  of 
selling  any  portion  of  the  notes  which  may  be  issued  by  virtue  of  this 
act :  a  commission  not  exceeding  one  quarter  of  one  per  cent,  on  the 
amount  thus  sold,  may,  by  the  Secretary  of  the  Treasury,  be  allowed  to 
such  agent  or  agents ;  and  a  sum  not  exceeding  twenty-five  thousand 
dollars,  to  be  paid  out  of  any  monies  in  the  treasury,  not  otherwise  ap- 
propriated, is  hereby  appropriated,  for  paying  such  commission  or  com- 
missions as  may  be  thus  allowed. 

Sec.  7.  And  be  it  further  enacted.  That  the  said  treasury  notes  shall 
be  transferable  by  delivery  and  assignment,  endorsed  thereon  by  the 
person  to  whose  order  the  same  shall,  on  the  face  thereof,  have  been 
made  payable. 

Sec.  8.  And  be  it  further  enacted.  That  the  said  treasury  notes, 
wherever  made  payable,  shall  be  every  where  received  in  payment  of  all 
duties  and  taxes  laid  by  the  authority  of  the  United  States,  and  of  all 
public  lands  sold  by  the  said  authority :  on  every  such  payment  credit 
shall  be  given  for  the  amount  of  both  the  principal  and  the  interest, 
which,  on  the  day  of  such  payment,  may  appear  due  on  the  note  or  notes 
thus  given  in  payment :  and  the  said  interest  shall  on  such  payments  be 
computed  at  the  rate  of  one  cent  and  one  half  of  a  cent  per  day,  on 
every  hundred  dollars  of  principal,  and  each  month  shall  be  computed 
as  containing  thirty  days. 

Sec  9.  And  be  it  firther  enacted,  That  any  person  making  payment 
to  the  United  States,  in  the  said  treasury  notes,  into  the  hands  of  any 
collector,  receiver  of  public  monies,  or  other  public  officer  or  agent, 
shall,  on  books  kept  according  to  such  forms  as  shall  be  prescribe  by 
the  Secretary  of  the  Treasury,  give  duplicate  certificates  of  the  number 
and  respective  amount  of  principal  and  interest  of  each  and  every  trea- 
sury note  thus  paid  by  such  person ;  and  every  collector,  receiver  ot 
public  monies,  or  other  public  officer  or  agent,  who  shall  thus  receive 
any  of  the  said  treasury  notes  in  payment,  shall,  on  payment  of  the  same 
into  the  treasury,  or  into  one  of  the  banks  where  the  public  monies  are 


TWELFTH  CONGRESS.    Sess.  II.  Ch.  27.     1813. 


608 


or  may  be  deposited,  receive  credit  both  for  the  principal  and  for  the 
interest  cooiputed  as  aforesaid,  which,  on  the  day  of  such  last  mentioned 
payment,  shall  appear  due  on  the  note  or  notes  thus  paid  in ;  and  he 
shall  be  charged  for  the  interest  accrued  on  such  note  or  notes  from  the 
day  on  which  the  same  shall  have  been  received  by  him  in  payment  as 
aforesaid,  to  the  day  on  which  the  same  shall  be  paid  by  him  as  afore- 
said :  Provided  aJways^  that  no  such  charge  or  deduction  shall  be  made 
with  respect  to  any  bank  into  which  payments  as  aforesaid  may  be  made 
to  the  United  States,  either  by  individuals  or  by  collectors,  receivers,  or 
other  public  officers  or  agents,  and  which  shall  receive  the  same  as 
specie,  and  give  credit  to  the  treasurer  of  the  United  States  for  the 
amount  thereof,  including  the  interest  accrued  and  due  on  such  notes 
on  the  day  on  which  the  same  shall  have  been  thus  paid  into  such  bank, 
on  account  of  the  United  States. 

Sec.  10.  And  he  it  Jvrther  enacted,  That  the  commissioners  of  the 
sinking  fund  be,  and  they  are  hereby  authorized  and  directed  to  cause 
to  be  reimbursed  and  paid  the  principal  and  interest  of  the  treasury 
notes  which  may  be  issued  by  virtue  of  this  act,  at  the  several  time  and 
times  when  the  same,  according  to  the  provisions  of  this  act,  should  be 
thus  reimbursed  and  paid;  and  the  said  commissioners  are  further 
authorized  to  make  purchases  of  the  said  notes,  in  the  same  manner  as 
of  other  evidences  of  the  public  debt,  and  at  a  price  not  exceeding  par, 
for  the  amount  of  the  principal  and  interest  due  at  the  time  of  purchase 
of  such  notes.  So  much  of  the  funds  constituting  the  annual  appropria- 
tion of  eight  millions  of  dollars,  for  the  payment  of  the  principal  and 
interest  of  the  public  debt  of  the  United  States,  as  may  be  wanted  for 
that  purpose,  after  satisfying  the  sums  necessary  for  the  payment  of  the 
interest  and  such  part  of  the  principal  of  the  said  debt,  as  the  United 
States  are  now  pledged  annually  to  pay  and  reimburse,  including  therein 
the  interest  and  principal  which  may  become  payable  upon  any  loan  or 
loans  which  may  be  contracted  by  virtue  of  any  law  passed  during  the 
present  session  of  Congress,  is  hereby  pledged  and  appropriated  for  the 
payment  of  the  interest,  and  for  the  reimbursement  or  purchase  of  the 
principal  of  the  said  notes ;  and  so  much  of  any  monies  in  the  treasury 
not  otherwise  appropriated,  as  may  be  necessary  for  that  purpose,  is 
hereby  appropriated  for  making  up  any  deficiency  in  the  funds  thus 
pledged  and  appropriated,  for  paying  the  principal  and  interest  as  afore- 
said; and  the  Secretary  of  the  Treasury  is  hereby  authorized  and 
directed  for  that  purpose  to  cause  to  be  paid  to  the  commissioners  of  the 
sinking  fund  such  sum  or  sums  of  money,  and  at  such  time  and  times 
as  will  enable  the  said  commissioners  faithfully  and  punctually  to  pay 
the  principal  and  interest  of  the  said  notes. 

Sec.  11.  And  he  it  further  enacted^  That  a  sum  of  forty  thousand 
dollars,  to  be  paid  out  of  any  monies  in  the  treasury  not  otherwise  appro- 
priated, be,  and  the  same  is  hereby  appropriated,  for  defraying  the 
expense  of  preparing,  printing,  engraving,  signing,  and  otherwise  incident 
to  the  issuing  of  the  treasury  notes  authorized  by  this  act. 

Sec.  12.  And  he  it  further  enacted.  That  if  any  person  shall  falsely 
make,  forge,  or  counterfeit,  or  cause  or  procure  to  be  falsely  made, 
forged,  or  counterfeited,  or  willingly  aid  or  assist  in  falsely  making, 
forging,  or  counterfeiting  any  note  in  imitation  of,  or  purporting  to  be, 
a  treasury  note  aforesaid ;  or  shall  falsely  alter,  or  cause,  or  procure  to 
be  falsely  altered,  or  willingly  aid  or  assist  in  falsely  altering  any  treasury 
note  issued  as  aforesaid ;  or  shall  pass,  utter,  or  publish,  or  attempt  to 
pass,  utter,  or  publish  as  true,  any  false,  forged,  or  counterfeited  note, 
purporting  to  be  a  treasury  note  as  aforesaid,  knowing  the  same  to  be 
falsely  made,  forged,  or  counterfeited ;  or  shall  pass,  utter,  or  publish,  or 
attempt  to  pass,  utter,  or  publish  as  true,  any  falsely  altered  treasury 
note  issued  as  aforesaid,  knowing  the  same  to  be  falsely  altered,  every 


No  charge  of 
ioterest  to  be 
made  againit 
any  bank  which 
■halJ  receive  the 
notes  as  agent, 
&c. 


Commiaaion- 
en  of  the  aink- 
ing  fond  may 
eanae  the  reim- 
baraement  to  be 
made,  and  pnr- 
chaaoa    of   the 


treasury 

to  be  effected 


Specific    ap. 
propriatioB. 


Penalties  for 
coonterfeiting 
or  forging  trea- 
sary  notes,  Itc. 


804 


TWELFTH  CONGRESS.    Sess.  II.  Gh.  30,  31,  32,  33.     1813. 


such  person  shall  be  deemed  and  adjudged  guilty  of  felony,  and  being 
thereof  convicted,  by  due  course  of  law,  shall  be  sentenced  to  be  impri- 
soned and  kept  to  hard  labour  for  a  period  not  less  than  three  years, 
nor  more  than  ten  years,  and  be  fined  in  a  sum  not  exceeding  five  thou- 
sand dollars. 

Approved,  February  25,  1813. 


Statute  II. 
Feb.  26,  1813. 

[Repealed.] 

Act  of  March 
8, 1816,  ch.  76. 

Act  of  Feb.  6, 
1816,  ch.  10. 

Daties  upon 
iron  wire. 

Additional 
doty  imposed  on 
wire    imported 
io  vessels  of  the 
United  SUtea. 

How  collect- 
ed, iM.&e. 


Statute  II. 

Feb.  26, 1818. 
[Obsolete.] 


Act   of  Jan. 
2, 1812,  cb.  11. 


Act  of  Jan. 
29,  1813,  ch. 
16. 


Statute  II. 
Feb.  27,  1813. 

Congress  to 
meet  on  the 
fourth  Monday 
in  May,  1813. 


Statute  II. 

Feb.  27, 1818. 

[Obsolete.] 
Remission  of 
certain  fines. 
See.  &e.  aathor- 


Chap.  XXX.— ^n  jSci  to  impOH  a  dt^y  on  the  importaUon  cf  Iron  wire* 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  iron  wire,  which,  from 
and  after  the  passage  of  this  act,  shall  be  imported  into  the  United  States 
and  the  territories  thereof,  shall  be  subject  to  the  same  duty  as  is  paid 
on  the  importation  of  iron,  steel,  or  brass  locks,  hinges,  hoes,  anvils,  and 
vices. 

Sec.  2.  And  be  it  further  enacted.  That  an  addition  of  ten  per 
centum  shall  be  made  on  the  rate  of  duty  hereby  directed  to  be  collected 
on  the  importation  of  iron  wire  as  aforesaid,  in  ships  or  vessels  not  of 
the  United  States. 

Sec.  3.  And  be  it  farther  enacted,  That  the  duty  laid  by  this  act  shall 
be  levied  and  collected  in  the  same  manner,  and  under  the  same  regu- 
lations and  allowances  as  to  drawbacks,  mode  of  security,  and  time  of 
payment,  as  the  duties  now  in  force  on  the  articles  herein  before  enu- 
merated. 

Approved,  February  25, 1813. 


Chap.  XXXI.— ^n  Act  to  raise  ten  additional  companies  cf  Bangers. 

Be  it  enacted  by  the  Senate  and  House  ofRm-esentatives  of  the  United 
States  of  America  in  Confess  assembled,  That  the  President  of  the 
United  States  be,  and  he  is  hereby  authorized,  to  raise  ten  additional 
companies  of  rangers,  on  the  same  provisions,  conditions,  and  restric- 
tions as  those  authorized  to  be  raised  by  "An  act  authorizing  the  Presi- 
dent of  the  United  States  to  raise  certain  companies  of  rangers  for  the 
protection  of  the  frontier  of  the  United  States,"  which  said  companies 
shall  be  in  lieu  of  one  of  the  regiments  authorized  to  be  raised  by  the 
act  in  addition  to  the  act,  entitled  **An  act  to  raise  an  additional  mili- 
tary force,  and  for  other  purposes,"  passed  the  twenty-ninth  day  of 
January,  one  thousand  eight  hundred  and  thirteen. 

Approved,  February  25,  1813. 


Chap.  XXXII.— wtfn  Jidio  alter  the  time  for  the  next  meeting  cf  Congress. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  m  Cot^ess  assembled,  That  after  the  adjournment 
of  the  present  session,  the  next  meeting  of  Congress  shall  be  on  the 
fourth  Monday  of  May  next 

Approved,  February  27,  1813. 


Chap.  XXXUL^An  Jkt  directing  the  Secretary  cfihe  TVeaourv  to  remit  certain 
fines,  penalties,  ana  forfeitures,  therein  mentioneJL 

Be  it  enacted  by  the  Senate  and  House  of  Rqnresentatioes  of  the  United 
States  of  America  in  Congress  assembled.  That  in  all  cases  where  goods, 
wares,  and  merchandise  have  been  imported  or  introduced  into  the 
United  States  (the  same  not  having  been  clandestinely  imported  or 
introduced)  from  the  dependencies  of  the  United  Kin^om  of  Great 
Britain  and  Ireland,  since  the  declaration  of  war  by  the  United  Sutes 


TWELFTH  CONGRESS.    Sbss.  U.  Cb.  34.      1813. 


805 


i^nst  the  said  kingdom,  or  which  were  shipped  from  the  said  kingdom 
prior  to  the  second  day  of  February,  one  thousand  eight  hundred  and 
eleven,  whereby  the  person  or  persons  interested  in  such  goods,  wares, 
or  roerdiandise,  or  concerned  in  the  importation  or  introduction  thereof, 
into  the  United  States,  hath  or  have  incurred  any  fine,  penalty,  or  for- 
feiture, under  an  act,  entitled  '<An  act  to  interdict  the  commercial 
intercourse  between  the  United  States  and  Great  Britain  and  France, 
and  their  dependencies, and  for  other  purposes;"  and  an  act,  entitled 
"An  act  concerning  the  commercial  intercourse  between  the  United 
States  and  Great  Britain  and  France,  and  their  dependencies,  and  for 
other  purposes ;"  and  the  act  supplementary  to  the  act  last  mentioned ; 
on  such  person  or  persons  petitioning  for  relief  to  any  judge  or  court, 
proper  to  hear  the  same,  in  pursuance  of  the  provisions  of  the  act, 
entitled  *'An  act  to  provide  for  mitigating  or  remitting  the  forfeitures, 
penalties,  and  disabilities,  accruing  in  certain  cases  therein  mentioned ;" 
and  on  the  facts  being  shown,  on  inquiry  had  by  the  said  judge  or  court, 
stated  and  transmitt^,  as  by  the  said  act  is  required,  to  the  Secretary 
of  the  Treasury;  in  all  such  cases  wherein  it  shall  be  proved  to  his 
satisfaction,  that  the  said  goods,  wares,  and  merchandise,  at  the  time  of 
their  importation  or  introduction  into  the  United  States  were  bona  Jide 
American  property,  that  they  were  not  clandestinely  imported  or  intro- 
duced, and  that  they  were  imported  or  introduced  since  the  declaration  of 
war  aforesaid,  the  Secretary  of  the  Treasury  is  hereby  directed  to  remit  all 
fines,  penalties,  and  forfeitures  that  may  have  been  incurred  under  the  said 
actSy  in  consequence  of  such  importation  or  introduction  into  the  United 
States,  upon  the  costs  and  charges  that  have  arisen,  or  may  arise,  being 
paid,  and  on  payment  of  the  duties  that  would  have  been  payable  by  law, 
on  such  goods,  wares,  and  merchandise,  if  legally  imported,  and  also,  to 
direct  the  prosecution  or  prosecutions,  if  any  shall  have  been  instituted 
for  the  recovery  of  the  said  fines,  penalties,  and  forfeitures,  to  cease  and 
be  discontinued. 

Sec.  2.  And  be  it  Jvrther  enacted,  That  the  duties  payable  on  the 
goods,  wares,  and  merchandise  embraced  by  the  provisions  of  the  act, 
entitled  "An  act  authorizing  the  admission,  under  certain  circum- 
stances, of  vessels  owned  by  citizens  of  the  United  States  of  America, 
with  their  cargoes,  from  British  ports  beyond  the  Cape  of  Good  Hope," 
shall  not,  in  any  case,  be  paid,  or  secured  to  be  paid,  in  such  manner  as 
to  postpone  the  payment  of  such  duties  beyond  the  time  and  times  at 
which  the  said  duties  should  have  become  payable,  if  the  goods,  wares, 
and  merchandise  had  been  imported  and  entered  at  the  time  of  passing 
this  act,  any  thing  in  the  act  above  mentioned  to  the  contrary  notwith- 
standing. 

Approved,  February  27,  1813. 


Chap.  XXXIV. — AnJei  in  addition  to  an  act  regulaiing  the  Pott-qffice  utablith* 

mentm 

Be  it  enacted  btf  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  the  Postmaster-General  be, 
and  he  is  hereby  authorized  to  contract  for  carrying  mails  of  the  United 
States  in  any  steamboat  or  boats,  which  are  or  may  be  established  to  ply 
between  one  post  town  and  another  post  town :  Provided,  that  such  con- 
tract shall  not  be  made  for  a  longer  period  than  four  years :  And  pro^ 
vided  also,  that  the  pay  for  such  service,  shall  not  be  at  a  greater  rate, 
taking  into  consideration  distance,  expedition,  and  frequency,  than  is 
paid  for  carrying  the  mail  by  stages  on  the  post  road,  or  roads,  adjacent 
to  the  course  of  such  steamboats,  and  that  such  contract  shall  secure 
the  regular  transportation  of  the  mail  throughout  each  year. 

Approved,  February  27, 1813. 

3Y 


Act  of  March 

1,  1809,ch.  34. 

1810,  ch.  39. 

Act  of  March 
S,  lSn,ch.  S9. 


Act  of  March 
8, 1797,  eh.  13. 


Dutiea  to  he 
paid,  and  alio 
all  coitfl,  kje. 


Time  of  pay- 
ing duties  upon 
ffooda  imported 
from  beyond  the 
Cape  of  Good 
Hope  not  alter- 
ed. 


Act  of  Jan.  fH, 
1813,  eh.  14. 


Statute  II. 

Feb.  S7,  1813. 

Act  of  Feb. 
27, 1816,  ch.  85, 
sec.  3,  4. 

Act  of  March 
8, 1819, oh. 106. 

Steamboats 
ma^  carry  the 
mail. 

Terms. 

Proviso. 


806 


TWELFTH  CONGRESS.    Sess.  II.  Ch.  36,  36,  37.     1813. 


Statute  U. 
Feb.  27,  1813. 


Attornejs  and 
marahals  to  be 
appointed  in  the 
territoriet. 


Statute  II. 

Feb.  27, 1813. 
Poit  roads. 


Statute  II. 
Feb.  27,  1813. 

Repealed  by 
Act  of  May  4, 
1822,  ch.  fiO. 

Agent  to  be 
appointed    for 
preaerring    the 
genuine  vaccine 
matter. 

It  may  be  aent 
through  the  me- 
dium   of  the 
poflt.  office. 


Oath  or  affir- 
mation to  be 
taken  by  agent 


He  must  write 
to  the  poftmas- 
tera  and  send  a 
copy  of  this  act. 


Packet!  not 
exceeding  half 
an  ounce  and 
relating  to  Tac- 
cination,  to  go 
free  of  postage 
to  and  from  the 
agent. 

ProTiso. 


Chap.  XXXV. — An  Jd  authorizing  the  appointmeni  (f  additional  tffiean  in  the 
rapectitfe  ierritmiea  rf  the  United  Sates, 

Be  it  enacted  hy  the  Senate  and  House  ofRepresentatives  of  the  United 
States  of  America  in  Congress  assembled.  That  there  shall  be  appointed  in 
the  respective  territories  of  the  United  States,  a  person  learned  in  the 
law,  to  act  as  attorney  of  the  United  States,  who  shall,  besides  the  usual 
fees  of  office,  receive  an  annual  salary  of  two  hundred  and  fifty  dollars, 
payable  quarter  yearly,  at  the  treasury  of  the  United  States;  and  there 
shall  also  be  appointed,  in  each  of  said  territories,  a  marshal,  who  shall 
receive  the  same  fees  and  compensation  as  is  allowed  by  law  to  the 
marshal  of  the  district  of  Kentucky. 

Approved,  February  27, 1813. 


CuAF.XXXVh^-^n  Act  to  estabUih  certain  pott  roadt  in  the  State  of  Louisiana^ 

Be  it  enacted  by  the  Senate  and  House  ofRepresentatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  following  post  roads 
be  established ;  from  Natchez,  in  the  Mississippi  territory,  by  Concordia 
to  Catahoula,  and  from  thence,  by  Rapids  to  Nachitoches;  from  St 
Francisville,  by  St.  Helena  and  St  Tammany  to  Madisonville. 

Approved,  February  27,  1813. 


Chap.  XXXVII.^-k^n  jSct  to  encourage  Faeeination, 

Be  it  enacted  by  the  Senate  and  House  ofRepresentatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  President  of  the  United 
States  be,  and  he  is  hereby  authorized  to  appoint  an  agent  to  preserve 
the  genuine  vaccine  matter,  and  to  furnish  the  same  to  any  citizen  of 
the  United  States,  whenever  it  may  be  applied  for,  through  the  medium 
of  the  post-office ;  and  such  agent  shall,  previous  to  his  enterinjr  upon 
the  execution  of  the  duties  assigned  to  him  by  this  act,  and  before  he 
shall  be  entitled  to  the  privilege  of  franking  any  letter  or  package  as 
herein  allowed,  take  and  subscribe  the  following  oath  or  affirmation, 
before  some  magistrate,  and  cause  a  certificate  thereof  to  be  filed  in  the 
general  postoffice :  "  I,  A.  B.  do  swear  (or  affirm,  as  the  case  may  be) 
that  I  will  faithfully  use  my  best  exertions  to  preserve  the  genuine 
vaccine  matter,  and  to  furnish  the  same  to  the  citizens  of  the  United 
States;  and  also,  that  I  will  abstain  firom  every  thing  prohibited  in  reiap 
tion  to  the  establishment  of  the  postK>ffice  of  the  United  States."  And 
it  shall  be  the  duty  of  the  said  agent  to  transmit  to  the  several  poet- 
masters  in  the  United  States  a  copy  of  this  act:  and  he  shall  also  for- 
ward to  them  a  public  notice,  directing  how  and  where  all  application 
shall  be  made  to  him  for  vaccine  matter. 

Sec.  2.  And  be  it  further  enacted,  That  all  letters  or  packages  not 
exceeding  half  an  ounce  in  weight,  containing  vaccine  matter,  or  relating 
to  the  subject  of  vaccination,  and  that  alone,  shall  be  carried  by  the 
United  States'  mail  free  of  any  postage,  either  to  or  from  the  agent  who 
may  be  appointed  to  carry  the  provisions  of  this  act  into  effect:  Provided 
ahoays,  that  the  said  agent  before  he  delivers  any  letter  for  transmission 
by  the  mail,  shall  in  his  own  proper  handvrriting,  on  the  outside  thereof, 
endorse  the  word  "  Vaccinatton,**  and  thereto  subaoribe  his  name,  and 
shall  previously  furnish  the  postmaster  of  the  office  where  he  shall  deposit 
the  same  with  a  specimen  of  his  signature ;  and  if  said  asent  shall  frank 
any  letter  or  package,  in  which  shdl  be  contained  any  thing  relative  to 
any  subject  other  than  vaccination,  he  shall,  on  conviction  of  every  soch 
offence,  forfeit  and  pay  a  fine  of  fifly  dollars,  to  be  recovered  in  the  same 
manner  as  other  fines  or  violations  of  law  establishing  the  post-office: 


TWELFTH  CONGRESS.    Sess.  II.  Ch.  38.    1813. 


807 


RemoTAl  firom 
office  to  be 


Provided  also,  that  the  discharge  of  any  agent,  and  the  appointment  of 

another  in  his  stead,  be  at  the  discretion  of  the  President  of  the  United   Sje'dwcretiirnof 

States.  the  President. 

Approved,  February  27,  1813. 


Chap.  XXXVIII.— ^n  ^d  eiving  further  time  for  regiiiering  tlaime  to  lands  in 
the  eastern  and  toeetem  dtetrieU  of  the  territon/  of  Orleans,  now  state  of  Loui* 
siana,(a) 

Be  ii  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembka,  That  every  person  or  persons 
claiming  lands  in  the  eastern  or  western  district  of  the  territory  of 
Orleans,  now  state  of  Louisiana,  who  are  actual  settlers  on  the  land 
which  they  claim,  and  whose  claims  have  not  been  heretofore  filed  with 
the  register  of  the  land-office  for  the  district  wherein  the  lands  lie,  shall 
be  allowed  until  the  first  day  of  January  next,  to  deliver  notices  in 
writing,  and  the  written  evidences  of  their  claims,  in  the  said  districts 
respectively,  to  the  register  of  the  land-office  at  New  Orleans  and 
Opelousas ;  and  the  notices  and  evidences  so  delivered  within  the  time 
limited  by  this  act,  shall  be  recorded  in  the  same  manner,  and  on  pay- 
ment of  the  same  fees,  as  if  the  same  had  been  delivered  before  the  first 
day  of  July,  one  thousand  eight  hundred  and  eight ;  but  the  rights  of 
such  persons  as  shall  neglect  so  doing  within  the  time  limited  by  this 
act,  shall,  so  far  as  they  are  derived  from,  or  founded  on,  any  act  of 
Congress,  ever  after  be  barred  and  become  void,  and  the  evidences  of 
their  claims  never  after  admitted  as  evidence  in  any  court  of  the  United 
States  against  any  grant  derived  from  the  United  States. 

Sec.  2.  And  be  it  further  enacted.  That  every  person  or  persons  who 
had  filed  his  or  their  notice  of  claim  to  lands  lying  within  either  of  the 
said  districts  with  the  proper  register  of  the  land-office,  according  to 
former  lawt,  but  have  not  exhibited  any  testimony  or  written  evidence 
in  support  of  the  same,  and  whose  claim  has  not  been  confirmed  by  the 
commissioners  appointed  to  ascertain  and  settle  claims  to  lands  in  the 
said  districts,  shall  be  allowed  until  the  first  day  of  January  next,  to 
deliver  the  written  evidence  or  other  testimony  in  support  of  his  or  their 
claim,  the  notice  of  which  had  been  filed  as  aforesaid,  to  the  register  of 
the  land-office  at  New  Orleans,  for  lands  lying  in  the  eastern  district, 
and  the  register  of  the  land-office  at  Opelousas,  for  lands  lying  in  the 
western  district ;  and  every  written  evidence  of  claim,  the  notice  whereof 
had  been  filed  as  aforesaid,  for  lands  lying  in  the  said  districts,  delivered, 
within  the  time  limited  by  this  section,  to  the  said  registers,  shall  by 
them  respectively  be  recorded  in  the  same  manner  as  was  directed,  and 
on  receiving  the  same  fees  allowed  by  former  acts  for  recording  evidence 
of  claim  to  lands  in  the  same  districts;  and  the  right  of  any  such  persons 
neglecting  to  deliver  the  evidence  of  their  claims  as  above  mentioned, 
shall  become  barred  and  void  in  so  far  as  the  same  is  derived  from  the 
United  States,  and  the  evidence  thereof  be  incapable  of  being  admitted 
in  any  court  whatsoever  against  any  grant  derived  from  the  United  States. 

Sec.  3.  And  be  it  fitrther  enacted,  That  the  register  and  receiver  of 
public  monies  of  the  said  respective  land-offices  at  New  Orleans  and 
Opelousas,  shall  have  the  same  powers  and  perform  the  same  duties  in 
every  respect  in  relation  to  the  claims  that  may  be  filed  according  to  the 
first  section  of  this  act,  and  the  claims,  notice  of  which  had  been  given 
under  former  acts,  and  the  evidence  in  support  thereof  shall  have  been 
delivered,  according  to  the  second  section  of  this  act,  as  the  board  of 
commissioners,  for  ascertaining  and  adjusting  claims  to  lands  in  the 
same  districts,  would  have  had  or  should  have  performed,  if  such  notice 


Statvtx  n. 


Feb.  27,  1813. 


Actaal  settlen 
allowed  a  fur- 
ther   time    Tor 
filing     their 
claims    to    the 
register  of  the 
land-office  at 
New   Orleaos 
and  OpelouMM. 


Claimi  for- 
feited that  are 
not  thus  enter, 
ed. 


Claima  barred, 
if  not  entered. 


Same  powers 
giTen  to  the  re- 
gister and  re- 
ceiTer  of  public 
monies  at  the 
land-offices  of 
New  Orleans 
and  Opelousas 
as  if  the  claims 
had  been  filed 
before  first  Ju- 
1  j,one  thousand 


(a)  See  notes  to  act  of  March  2,  1800,  chap.  26,  page  324. 


TWELFTH  CONGRESS.    Sin.  n.  Cb  39.     181& 


•ight  himdrad 
•ndeighu 


Register,  kc. 
Ace.  to  report  to 

■ioner    of    the 
generml   lend 
oiBeey  ftc.  Itc. 


Regitter  and 

receiver  may 
appoint  a  eleik. 


Compenaation. 


had  been  filed,  and  such  evidence  delivered  before  the  first  day  of  July, 
one  thousand  eight  hundred  and  eight,  except,  that  their  decisions  shiJl 
be  subject  to  the  revision  of  Congress. 

Sec.  4.  And  he  it  further  enacted,  That  it  shall  be  the  duty  of  the 
register  and  receiver  of  each  of  the  said  land^ffices  respectively,  to  make 
to  the  commissioner  of  the  general  land-office,  a  report  of  all  the  claims 
filed  with  the  register  as  aforesaid,  with  the  substance  of  the  evidence  in 
support  thereof,  and  of  the  claims  formally  filed,  in  support  of  which 
evidence  shall  have  been  received,  with  the  substance  of  such  evidence, 
and  also  their  opinion  and  such  remarks  respecting  the  claims  as  they 
may  think  proper  to  make ;  which  report,  together  with  a  list  of  the 
claims,  which  in  the  opinion  of  the  register  and  receiver  ought  to  be 
confirmed,  shall  be  laid  by  the  commissioner  of  the  general  land-office 
before  Congress,  at  their  next  session,  for  their  determination  thereon. 

Sec.  5.  And  he  it  further  enacted,  That  the  register  and  receiver  for 
each  of  the  aforesaid  land-offices  shall  have  power  to  appoint  a  derk, 
whose  duties  shall  be  the  same,  in  relation  to  the  aforesaid  claims,  as 
were  required  of  the  clerk  to  the  board  of  commissioners  for  the  same 
districts;  and  the  said  registers,  receivers,  and  clerks,  shall  each  be  al- 
lowed fifty  cents  for  ei|ch  claim  on  which  a  decision  shall  be  made,  in 
their  respective  districts,  whether  such  decision  be  in  favour  or  against 
the  claims ;  which  allowance  of  fifty  cents  shall  be  in  fiiU  compensation 
for  their  services  under  this  act  And  a  further  sum  of  fifty  cents  shall 
be  allowed  on  each  claim  decided  as  aforesaid,  to  defi'ay  the  expense 
of  making  translations  firom  the  French  and  Spanish  languages. 

Approved,  February  27,  1813. 


StatdtbII. 


Teh,  ftt,  1818.  Chap.  XXXIX. — Jn  Jiet  to  authorize  and  empower  the  preriderU  and  manqgere 
of  the  fVaehington  7S§mpihe  Company  of  the  State  of  Maryland^  when  or^ 
ganized^  to  extend  and  make  their  turnpike  road  to  or  from  Georgdown  in  the 
JHatriet  of  Cblumftto.  through  the  mid  dietriet  to  the  Une  thereof* 


Law  of  the 
■tate  of  Mary. 
land  declared  to 
be  in  force. 


Tampikeroad 
in  what  route  to 
be  made. 


Turnpike  sate 
where   to   oe 
erected  in  Dia- 
trict  of  Colam- 
bia. 


Be  it  enacted  hy  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  the  law  of  the  state 
of  Maryland,  entitled  **An  act  to  incorporate  a  company  to  make  a 
turnpike  road  firom  the  line  of  the  district  of  Columbia  where  it  crosses 
the  post  road  leading  from  Georgetown  to  Fredericktown,  through 
Montgomery  and  Frederick  counties  to  Fredericktown,''  passed  in  the 
year  one  thousand  eight  hundred  and  five,  apd  the  supplement  thereto, 
be,  and  they  are  hereby  declared  to  be  in  full  force,  within  the  district 
of  Columbia. 

Sec.  2.  And  he  it  further  enacted.  That  the  president  and  managers 
of  said  company  when  organized  according  to  law,  shall  be,  and  Uiey 
are  hereby  authorized  and  empowered  to  make  said  turnpike  road  from 
Georgetown  in  the  district  of  Columbia,  through  Tennallytown  to  the 
line  of  said  district,  in  the  same  manner  and  upon  the  same  terms  and 
conditions,  as  by  law  they  are  authorized  to  make  the  said  turnpike, 
within  the  limits  of  the  state  of  Maryland. 

Sec.  3.  And  he  it  further  enacted.  That  when  and  so  soon  as  the 
said  turnpike  road  shall  be  completed  from  Georgetown  in  the  district 
of  Columbia  to  Montffomery  Courthou9e,  in  the  state  of  Maryland,  it 
shall  and  may  be  lawful  for  the  said  president  and  managers  of  said 
company,  to  erect  a  toll  sate  on  this  side  of,  and  near  to  Tennallytown, 
and  there  to  demand  and  receive  such  tolls,  and  on  such  terms  and  con- 
ditions as  by  the  law  of  the  state  of  Maryland  they  are  authorized  to 
demand  and  receive,  at  any  toll  gate  erected  on  said  road  within  the 
limits  of  the  state  of  Maryland. 

Approved,  February  27,  1813. 


TWELFTH  CONGRESS.    Suss.  II.  Ch.  40,  42.     1813. 


809 


Chap.  XL.— ^n  J8d  to  continue  in  force,  for  a  limited  Ume^  thefirvt  eeetion  tf 
the  act  entitled  ^*Jtn  act  further  to  protect  the  commerce  and  eeamen  rf  the  United 
Slateg  agttinet  the  Barbara  powerB^ 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  so  much  of  the  act  passed 
on  the  twenty-fifth  day  of  March,  one  thoasand  eight  hundred  and  four, 
entitled  **An  act  further  to  protect  the  commerce  and  seamen  of  the 
United  States  against  the  Barbary  powers,"  as  is  contained  in  the  first 
section  of  the  said  act,  and  which  was  continued  in  force  for  the  time 
therein  mentioned,  by  an  act,  entitled  *'An  aet  to  continue  in  force  for 
a  further  time  the  first  section  of  the  act,  entitled  An  act  further  to 
protect  the  commerce  and  seamen  of  the  United  States  against  the  Bar- 
bary powers,"  passed  on  the  thirty-first  day  of  January,  one  thousand 
eight  hundred  and  twelve,  be,  and  the  same  is  hereby  continued  in  force 
until  the  first  day  of  April,  one  thousand  eight  hundred  and  fourteen, 
and  thence  to  the  end  of  the  next  ensuing  session  of  Congress :  Pro- 
vided  however,  that  the  additional  duty  laid  by  said  section  shall  be  col- 
lected on  all  such  goods,  wares,  and  merchandise,  liable  to  pay  the  same, 
as  shall  have  been  imported  previous  to  the  end  of  that  session  of  Con- 
gress. 

Approved,  February  27, 1813. 


Statute  U. 
Feb.  27, 1818. 

[Obsolete.] 

March  26, 1804, 
ch.46. 

First  section 
of  the  act  coa- 
tinued  in  fofce. 


1812,  ch.  la 


Proviso. 


Statute  II. 


Chap.  XLII.— tin  Jet  for  the  regulation  cf  teamen  on  board  the  pubUe  and  pri* 
vote  veuek  ef  the  Umted  States^ 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Confess  assembled,  That  from  and  after  the 
termination  of  the  war  in  which  the  United  States  are  now  engaged  with 
Great  Britain,  it  shall  not  be  lawful  to  employ  on  board  any  of  the  public 
or  private  vessels  of  the  United  States  any  person  or  persons  except 
citizens  of  the  United  States,  or  persons  of  colour,  natives  of  the  United 
Sutes. 

Sec.  2.  And  be  it  further  enacted.  That  from  and  after  the  time  when 
this  act  shall  take  effect,  it  shall  not  be  lawful  to  employ  as  aforesaid, 
any  naturalized  citizen  of  the  United  States,  unless  such  citizen  shall 
produce  to  the  commander  of  the  public  vessel,  if  to  be  employed  on 
board  such  vessel,  or  to  a  collector  of  the  customs,  a  certified  copy  of 
the  act  by  which  he  shall  have  been  naturalized,  setting  forth  such 
naturalization  and  the  time  thereof. 

Sec.  3.  And  be  it  further  enacted.  That  in  all  cases  of  private  ves- 
sels of  the  United  States  sailing  from  a  port  in  the  United  States  to  a 
foreign  port,  the  list  of  the  crew,  made  as  heretofore  directed  by  law, 
shall  be  examined  by  the  collector  for  the  district  from  which  the  vessel 
shall  clear  out,  and,  if  approved  of  by  him,  shall  be  certified  accordingly. 
And  no  person  shall  be  admitted  or  employed  as  aforesaid,  on  board  of 
any  vessel  aforesaid,  unless  his  name  shall  have  been  entered  in  the  list 
of  the  crew,  approved  and  certified  by  the  coUector  for  the  district  from 
which  the  vessel  shall  clear  out  as  aforesaid.  And  the  said  collector, 
before  he  delivers  the  list  of  the  crew,  approved  and  certified  as  afore- 
said, to  the  captain,  master,  or  proper  ofllicer  of  the  vessel  to  which  the 
same  belongs,  shall  cause  the  same  to  be  recorded  in  a  book  by  him  for 
that  purpose  to  be  provided,  and  the  said  record  shall  be  open  for  the 
inspection  of  all  persons,  and  a  certified  copy  thereof  shall  be  admitted 
in  evidence  in  any  court  in  which  any  question  may  arise,  under  any 
of  the  provisions  of  this  act. 

Sec.  4.  And  be  it  further  enacted.  That  the  President  of  the  United 
States  be,  and  he  hereby  is  authorized  from  time  to  time  to  make  such 

Vol.  II.— 102  3  r  2 


March  3,  1813. 


After  the  war 
cititens  of  the 
United  Sutes 
only  to  be  em- 
plojed  in  the 
pabJie  or  pri- 
vate  Teikels  of 
the  United 
States. 

Natoraliaed 
citisens   when 
they  msT  be 
employea. 


LisU  of  the 
crews  to  be  fur- 
nished and  cer. 
tified  previoasly 
to  the  sailing  or 
vessels  on  fo. 
reign  voyages. 


Sopplen 
direetioBs 


may 


810 


TWELFTH  CONGRESS.    Sess.  II.  Ch.  42.     1813. 


be  giTen  bj  the 
Proiideni  with 
respect  to  the 
■eamen  employ, 
ed  in  the  United 
Sutes. 
Proviso. 

Seamen  or  sea- 
liiring  persons 
not  citizens  of 
the  U.  Sutes 
only  admitted 
as  passengers  in 
American  ves- 
sels upon  cer. 
tain  conditions. 

Interference 
of  consals  and 
commercial 
amnts  admisd- 
ble   in    certain 


Penalty  for 
admitting  per- 
sons not  quali- 
fied according 
to  this  act  into 
the  service  of 
the  United 
Sutes. 

Commanders 
or  owners  of 
private  firmed 
vessela  aobject- 
ed  to  penalties 
for  admitting 
persons  contra- 
fj  to  this  act. 


Recovery  of 
penalties. 


Foreign  sea- 
men  may  be  em- 
ployed in  Ame- 
rican vessels  in 
foreign  |K>rU. 

Conditions. 


Provisions  of 
this  act  not  to 
be  extended  to 
the  citiaens  or 
■ttbjecU  of  na- 
tions which  have 


further  regulations,  and  to  give  such  directions  to  the  several  command- 
ers of  public  vessels,  and  to  the  several  cdlectors,  as  may  be  proper  and 
necessary  respecting  the  proofs  of  citizenship,  to  be  exhibited  to  the 
commanders  or  collectors  aforesaid :  Provided,  that  nothing  contained 
in  such  regulations  or  directions  shall  be  repugnant  to  any  of  the  pro- 
visions of  this  act. 

Sec.  5.  And  he  it  further  enacted,  That  from  and  after  the  time 
when  this  act  shall  take  effect,  no  seaman  or  other  seafaring  man,  not 
being  a  citizen  of  the  United  States,  shall  be  admitted  or  received  as  a 
passenger  on  board  of  any  public  or  private  vessel  of  the  United  States, 
in  a  foreign  port,  without  permission  in  writing  from  the  proper  officers 
of  the  country  of  which  such  seaman  or  seafaring  man  may  be  subject 
or  citizen. 

Sec.  6.  And  be  it  Jurther  enacted.  That  from  and  after  the  time 
when  this  act  shall  take  effect,  the  consuls  or  commercial  agents  of  any 
nation  at  peace  with  the  United  States  shall  be  admitted  (under  such 
regulations  as  may  be  prescribed  by  the  President  of  the  United  States) 
to  state  their  objections  to  the  proper  commander  or  collector  as  afore- 
said,  against  the  employment  of  any  seaman  or  sea-faring  man  on  board 
of  any  public  or  private  vessel  of  the  United  States,  on  account  of  his 
being  a  native  subject  or  citizen  of  such  nation,  and  not  embraced 
within  the  description  of  persons  who  may  be  lawfully  employed,  accord- 
ing  to  the  provisions  of  this  act ;  and  the  said  consuls  or  commercial 
agents  shall  also  be  admitted  under  the  said  regulations,  to  be  present 
at  the  time  when  the  proofii  of  citizenship  of  the  persons  against  whom 
such  objections  may  have  been  made,  shall  be  investigated  by  such  com- 
mander or  collector. 

Sec.  7.  And  be  it  Jurther  enacted.  That  if  any  commander  of  a  public 
vessel  of  the  United  States,  shall  knowingly  employ  or  permit  to  be  em- 
ployed, or  shall  admit  or  receive,  or  permit  to  be  admitted  or  received, 
on  board  his  vessel,  any  person  whose  employment  or  admission  is  pro- 
hibited by  the  provisions  of  this  act,  he  shaJl  on  conviction  thereof  forfeit 
and  pay  the  sum  of  one  thousand  dollars  for  each  person  thus  unlawfully 
employed  or  admitted  on  board  such  vessel. 

Sec.  8.  And  be  it  further  enacted.  That  if  any  person  shall,  contrary 
to  the  prohibitions  of  this  act,  be  employed,  or  be  received  on  board  of 
any  private  vessel,  the  master  or  commander,  and  the  owner  or  owners 
of  such  vessel,  knowing  thereof,  shall  respectively  forfeit  and  pay  five 
hundred  dollars  for  each  person  thus  unlawfully  employed  or  received 
in  any  one  voyage ;  which  sum  or  sums  shall  be  recovered,  although 
such  seaman  or  person  shall  have  been  admitted  and  entered  in  the  cer- 
tified list  of  the  crew  aforesaid,  by  the  collector  for  the  district  to  which 
the  vessel  may  belong:  and  all  penalties  and  forfeitures  arising  under  or 
incurred  by  virtue  of  this  act,  may  be  sued  for,  prosecuted,  and  recovered, 
with  costs  of  suit  by  action  of  debt,  and  shall  accrue  and  be  one  moiety 
thereof  to  the  use  of  the  person  who  shall  sue  for  the  same,  and  the 
other  moiety  thereof  to  the  use  of  the  United  States. 

Sec.  9.  And  be  it  further  enacted.  That  nothing  in  this  act  contained 
shall  be  construed  to  prohibit  any  commander  or  master  of  a  public  or 
private  vessel  of  the  United  States,  whilst  in  a  foreign  port  or  place,  from 
receiving  any  American  seamen  in  conformity  to  law,  or  supplying  any 
deficiency  of  seamen  on  board  such  vessel,  by  employing  American 
seamen,  or  subjects  of  such  fbreign  country,  the  employment  of  whom 
shall  not  be  prohibited  by  the  laws  thereof. 

Sec.  10.  And  be  it  further  enacted.  That  the  provisions  of  this  act 
shall  have  no  effect  or  operation  with  respect  to  the  employment  as  sea- 
men of  the  subjects  or  citizens  of  any  foreign  nation  which  shall  not,  by 
treaty  or  special  convention  with  the  government  of  the  United  Sutes, 
have  prohibited  on  board  of  her  public  and  private  vessels  the  employ* 


TWELFTH  CONGRESS.     Sbss.  II.  Cii.  43.      1818. 


811 


nent  of  native  citizens  of  the  United  States,  who  have  not  become  a 
citizen  or  subject  of  such  nation. 

Sec.  11.  And  be  it  further  enacted,  That  nothing  in  this  act  contained 
shall  be  so  construed  as  to  prevent  any  arrangement  between  the  United 
States  and  any  foreign  nation,  which  may  take  place  under  any  treaty 
or  convention,  made  and  ratified  in  the  manner  prescribed  by  the  con- 
stitution of  the  United  States. 

Sec.  12.  And  be  it  further  enacted.  That  no  person  who  shall  arrive 
in  the  United  States,  from  and  after  the  time  when  this  act  shall  take 
effect,  shall  be  admitted  to  become  a  citizen  of  the  United  States,  who 
shall  not  for  the  continued  term  of  five  years  next  preceding  his  admis- 
sion as  aforesaid  have  resided  within  the  United  States,  without  being 
at  any  time  during  the  said  five  years,  out  of  the  territory  of  the  United 
Sutes. 

Sec.  13.  And  be  it  further  enacted,  That  if  any  person  shall  falsely 
make,  forge,  or  counterfeit,  or  cause  or  procure  to  be  falsely  made, 
forged  or  counterfeited,  any  certificate  or  evidence  of  citizenship  refer- 
red to  in  this  act ;  or  shall  pass,  utter,  or  use  as  true,  any  false,  forged 
or  counterfeited  certificate  of  citizenship,  or  shall  make  sale  or  dispose 
of  any  certificate  of  citizenship  to  any  person  other  than  the  person  for 
whom  it  was  originally  issued,  and  to  whom  it  may  of  riffht  belong, 
every  such  person  shall  be  deemed  and  adjudged  guilty  of  felony;  and 
on  being  thereof  convicted  by  due  course  of  law,  shall  be  sentenced  to 
be  imprisoned  and  kept  to  hard  labour  for  a  period  not  less  than  three, 
or  more  than  five  years,  or  be  fined  in  a  sum  not  less  than  five  hundred 
dollars,  nor  more  than  one  thousand  dollars,  at  the  discretion  of  the 
court  taking  cognizance  thereof. 

Sec.  14.  And  be  ii  further  enacted,  That  no  suit  shall  be  brought 
for  any  forfeiture  or  penalty  incurred  under  the  provisions  of  this  act, 
unless  the  suit  be  commenced  within  three  years  from  the  time  of  the 
forfeiture. 

Approved,  March  3, 1813. 


not  adopted  ito 
IfrineiplM. 

Not  to  be  a 
bar    to    any 
treaty. 


Reaidenee  of 
fire  yeara  in  the 
United   Sutea 
neceaaary    to 
qnalify  a  peraon 
to  beooBte  aoi- 


Penalty  for 
fbrging  eertifi. 
cateaofcitisen. 
ahip  or  protec. 
tiona. 


Snita  for  fbr 
feiUirea  moat  b« 


within  three 
yeara. 


Statute  II. 


Chap.  XLJIL^-Jin  Act  giving  further  time  to  fturehaaen  tf  pubUe  lands  to  com* 
plete  their  paymenU, 

Be  it  enacted  by  the  Senate  and  House  of  Keureaentatives  of  the  United 
States  of  America  in  Congress  assembled.  That  every  person  who, 
prior  to  the  first  day  of  April,  one  thousand  eight  hundred  and  nine, 
had  purchased  any  tract  or  tracts  of  land  of  the  United  States,  not  ex- 
ceeding in  the  whole  six  hundred  and  forty  acres,  unless  the  tract  pur- 
chased be  a  fractional  section  or  sections  of  fractional  sections  classed 
with  an  entire  section,  at  any  of  the  land-offices  established  for  the  dis- 
posal of  the  public  lands,  and  whose  lands  have  not  already  been  actually 
sold,  or  reverted  to  the  United  States,  for  non-payment  of  part  of  the 
purchase  money,  shall  be  allowed  the  further  term  of  three  years,  from 
and  after  the  expiration  of  the  period  already  given  by  law,  for  com- 
pleting the  payment  of  the  said  purchase  money,  which  further  term  of 
three  years  shall  be  allowed  only  on  condition.  First,  That  all  arrears  of 
interest  on  the  purchase  money  shall  have  been  paid  on  or  before  the 
time  shall  have  expired,  according  to  former  laws  for  completing  the 
payment  of  the  purchase  money :  Provided,  that  in  all  cases  in  which 
the  time  for  completing  the  payment  of  the  purchase  money  may  have 
expired  or  shall  expire  before  the  first  day  of  June  next,  the  interest 
may  be  paid  on  or  before  that  day.  Second,  That  the  residue  of  the 
sum  due  on  account  of  the  principal  of  such  purchase,  shall  be  paid 
with  interest  thereon,  in  three  equal  annual  payments,  viz :  One  third 
of  the  said  residue,  with  interest  which  may  then  be  due  thereon,  within 


March  3,  1813. 

Act  of  Feb. 
19, 1814,ch.  14. 

Farther  time 
allowed  for  par- 
chaaera  prior  to 
April,  1800. 


Act  of  April 
S3,18IS,ch.64. 


Conditiona. 


8ia  TWELFTH  CONGRESS.    Sem.  II.  Ch.  44.      l8iS. 

ooe  year;  another  third  of  said  residue  with  interest,  within  two  yeai^ 
and  the  remaining  third  of  said  residue  with  interest  within  three  years 
after  the  expiration  of  the  time  for  completing  the  payment  on  accoant 
of  such  purchase,  according  to  former  laws;  and  in  case  of  failare,  in 
paying  either  the  arrears  or  interest,  or  any  of  three  instalments  of  prin- 
cipal with  the  accruing  interest,  at  the  time  and  times  above  mentioned, 
the  tract  of  land  shall  be  forthwith  advertised  and  offered  for  sale,  in  the 
manner  and  on  the  terms  directed  by  law,  in  case  of  lands  not  paid  for 
within  the  limited  term,  and  shall  revert  in  like  manner,  if  the  snm  doe 
Proviso.  with  interest  be  not  at  such  sale  bidden  and  paid :  Pronided,  that  the 
tho'lldL****"  ^  benefit  of  this  act  shall  not  extend  to  any  person  or  persons  on  accoant 
of  any  purchase  of  any  tract  or  tracts  of  land  made  at  any  of  the  land- 
offices  northwest  of  the  river  Ohio,  prior  to  the  first  day  of  April,  one 
thousand  eight  hundred  and  eight. 
Approved,  March  3,  1813. 


Statute  II. 


Mtrch  3, 1813.  Chap.  XLl  V.— ^n  Jici  allowing  further  time  for  deHvering  the  endenee  in  tup- 
port  of  ehimM  to  land  in  the  territory  ofMieaouri^  and  fur  r^;ulaUng  the  domn 
tion  grants  therein. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States-  of  America  in  Congress  assend>led,  That  every  person  or  per- 

(a)  Laods  in  Miuouri — An  act  making  farther  proviiion  for  wttlinff  the  claimi  to  land  in  the  territorr 
of  Miuonri.  Jane  13,  1818,  chap.  93. 

An  act  allowing  further  time  u>r  deliTering  the  OTideoce  in  rapport  of  the  claima  to  land  in  the  territoiy 
of  Misaoari,  and  for  regulating  the  donation  of  granU  therein,  March  3,  1813,  chap.  44. 

An  act  giving  farther  time  for  registering  claims  to  lands  in  the  late  district  of  Arkansas,  in  the  territory 
of  Missoari,  and  for  other  purposes,  Augast  2,  1813,  chap.  69. 

An  act  for  the  final  adjustment  of  land  titles  in  the  state  of  Loaisiana,  and  territory  of  BTissoari.  AprU 
IS,  1814,  chap.  62.  >  /  t    r 

An  act  for  the  confinnstion  of  certain  claims  to  land  in  the  western  district  of  the  state  of  Loinaianny 
and  in  the  territory  of  Michigan,  April  29,  1816,  chap.  169. 

An  act  explanatory  of  an  act  entitled,  "An  act  for  the  final  adjastment  of  land  titles  in  the  state  of 
Loaisiana,  and  territory  of  Missoari,  March  3,  1819,  chap.  86. 

An  act  to  perfect  certain  locations  and  sales  of  public  lands  in  Missoari,  April  26,  1822,  chap.  40l 

An  act  enabling  the  claimanta  to  lands  vrithin  the  limita  of  the  state  of  Missouri,  and  the  territory  of 
Arkansas,  to  institute  proceedings  to  try  the  validity  of  their  claims,  May  26,  1824,  chap.  178. 

An  act  supplementary  to  the  act  passed  on  the  thirteenth  day  of  June,  one  thousand  eight  hundred  and 
twelve,  entitled,  "An  act  making  farther  provision  for  settling  claims  to  land  in  the  territory  (Mf  Missoari.'* 
May  26,  1824,  chap.  184. 

An  act  to  continue  in  force  for  a  limited  time,  and  to  amend  an  act  entitled,  "An  act  to  enable  elaia». 
anta  to  lands  within  the  limita  of  the  state  of  It^issouri,  and  territory  of  Arkansas,  to  institute  proceeding* 
to  try  the  validity  of  their  claims,*'  May  24,  1828,  chap.  90. 

An  act  further  rapplemental  to  the  act  entitied,  "An  act  making  flirther  prorision  for  settling  the  claim 
to  land  in  the  territory  of  Missouri,  passed  the  thirteenth  of  June,  eighteen  hundred  and  twelve,"  Janaarr 
27,  1831,  chap.  12. 

An  act  for  tne  relief  of  certain  holders  of  certificates  issued  in  lien  of  lands  injured  by  earthqaakee  ia 
Missoari,  March  2,  1831,  chap.  92. 

An  act  for  the  final  adjastment  of  private  land  claims  in  Missoari,  July  9,  1832,  chap.  180. 

An  act  supplemental  to  the  act  entitled,  "An  act  for  the  final  adjastment  of  land  claims  in  Bfjosoarit'* 
March  2,  1833,  chap.  84. 

An  act  confirming  tho  claims  to  land  in  the  state  of  Missouri,  and  for  other  parpoeee,  Joly  4,  ISSS, 
chap.  368. 

An  act  authorising  the  israing  of  a  patent  to  the  heirs  and  legal  representatives  of  Francis  Rivard, 
deceased,  and  for  other  purposes,  August  29,  1842,  chap.  229,  sec.  2. 

Land  titles  in  Missouri  :— 

The  state  of  Missouri  was  formerly  part  of  the  territory,  first  of  France,  neit  of  Spain,  then  of  Franoe, 
who  ceded  it  to  the  United  States  by  tne  treaty  of  1803,  in  full  propriety,  sovereignty  and  dominion,  ai 
she  had  acquired  and  held  it ;  b^  which  this  government  put  itself  in  place  of  the  former  sovereigns,  and 
became  invested  with  all  their  righto,  subject  to  their  concomitant  obligations  to  the  iahabitante.  Both 
were  regulated  by  the  law  of  nations,  according  to  which  the  righto  of  property  are  protected,  even  in  the 
ease  of  a  conquered  country,  and  held  sacred  and  inviolable  when  it  is  ceded  by  treaty,  with  or  without 
any  stipulation  to  such  effect ;  and  the  laws,  whether  in  writing,  or  evidenced  by  the  usage  and  eustoma 
of  the  conquered  or  ceded  country,  continue  in  force,  nntil  altered  by  the  new  sovereign.  Strotber  v. 
Lucas,  12  Peters,  410. 

No  principle  can  be  better  established  by  the  authority  of  the  supreme  court,  than  "that  the  acta  of  an 
officer,  to  whom  a  public  duty  is  assigneo  by  his  king,  within  the  sphere  of  that  duty,  are  prima  fteio 
taken  to  be  within  his  power.*'  The  principles  on  which  it  resta,  are  believed  to  be  too  deeply  firand^id 
nceessful' 


in  law  and  reason,  ever  to  be  successfully  assailed.    He  who  would  controvert  a  grant^eieented  by  the 

lawful  authority,  with  all  the  solemnities  I '  "       — -•    •    -*^       *_.--.      .^  . .. 

officer  has  transcended  the  powers  confen 


lawful  authority,  virith  all  the  solemnities  required  by  law,  takes  on  himself  the  burthen  of  ibowingthat  tha 
'       *  nfenred  upon  him ;  or  that  the  transaction  is  tainted  with  ftaud.  IM. 


TWELFTH  CONGRESS.    Sess.  II.  Ch.  44.     1813.  613 

B0D8  who  had  filed  a  notice  of  claim  to  any  tract  of  land  lying  within  „^^'^®'  H*".® 

the  district  of  Louisiana  (now  territory  of  Missouri)  with  the  recorder  Jn^iu  ^Wa  ' 

of  land  titles,  according  to  law,  and  have  not  exhibited  any  testimony  or  the  district  of 

written  evidence  in  support  of  the  same,  and  whose  claim  has  not  already  Mitaouri. 

Where  the  act  of  an  officer  to  pan  the  title  to  land  according  to  the  Spanish  law,  la  done  contrary  to 
the  written  order  of  the  king,  it  produced  at  the  trial,  without  any  ecplanation,  it  ahail  be  preramed  that 
the  power  has  not  been  eiceedea  :  that  the  act  was  done  on  the  motive  set  out  therein ;  and  according 
to  some  order  known  to  the  king  and  his  officers,  though  not  to  his  subjects :  and  courts  ought  to  require 
very  full  proof,  that  he  had  transcended  his  powers,  before  they  so  determine  it.    Ibid, 

In  favour  of  long  possession  and  ancient  appropriation,  every  thing  which  was  done  shall  be  presumed 
to  have  been  rightfully  done ;  and  though  it  does  not  appear  to  have  been  done,  the  law  will  presume 
that  whatever  was  necessary  has  been  done.    Ibid, 

The  stipulations  of  the  treaty  ceding  Louisiana  to  the  United  States,  affording  that  protection  or  secu- 
rity to  claims  under  the  French  or  Spanish  government  to  which  the  act  of  Congress  refers,  are  in  the 
first,  second  and  third  articles.  They  eitended  to  all  property  until  Louisiana  became  a  member  of  the 
Union ;  into  which  the  inhabiunts  were  to  be  incorporated  as  soon  as  possible,  **  and  admitted  to  all  the 
rights,  advantagee  and  immunities  of  ciiisens  of  the  United  States.'*  The  perrect  inviolability  and  secu- 
rity of  property  ia  among  these  rights.    Delassus  v.  The  United  States,  9  Peters,  117. 

The  right  or  property  is  protected  and  secured  by  the  treaty,  and  no  principle  is  better  settled  in  this 
country,  than  that  an  inchoate  title  to  lands  is  property.  This  right  would  have  been  sacred,  independ- 
ent of  the  treaty.  The  sovereign  who  acquires  an  inhabited  country,  acquires  full  dominion  over  it; 
but  thb  dominion  is  never  supposed  to  divest  the  vested  rights  of  individuals  to  property.  The  language 
of  the  tiv&ty  ceding  Louisiana,  excludes  any  idea  of  interfering  with  private  property.    Ibid. 

On  the  loth  of  April,  1802,  the  lieutenant-governor  of  Upper  Louisiana  granted  sixteen  hundred  arpents 
of  land  near  certain  rivers  named  in  the  grant,  with  directions  to  survev  the  same  in  a  vacant  place  of  the 
royal  domain;  but  no  survey  was  made  before  the  cession  of  Louisiana  to  the  United  States.  By  the 
Court — ^As  the  grant  conuined  no  description  of  the  land  granted,  and  was  not.  located  within  the  time 
prescribed  by  tbe  act  of  Congress  of  the  10th  of  March,  lw)4,  it  comes  directlv  within  the  point  decided 
oy  the  supreme  court  in  the  case  of  John  Smith,  T.,  and  cannot  be  confirmed.  Wherry  v.  The  United 
Sutee,  10  Peters,  338. 

In  repeated  decisions,  the  supreme  court  have  affirmed  the  authority  of  local  governors,  under  the 
crown  of  Spain,  to  grant  land  in  Louisiana,  before  the  same  was  ceded  by  Spain  to  France :  and  the 
court  have  also  affirmed  the  validity  of  descriptive  granU,  though  not  surveyed  before  the  11th  of  March, 
1804,  in  Missouri,  and  the  84th  of  January,  1818,  in  Florida.  Mackey  v.  The  United  Sutes,  10  Peters, 
340. 

A  g^nt  or  concession  made  by  an  officer  who  is  by  law  authorised  to  make  it,  carries  with  it  prima 
fteie  evidence  that  it  is  within  his  powers.  No  excess  of  them,  or  departure  from  them,  is  to  be  pre- 
aumed.  He  violates  his  duty  by  such  excess,  and  is  responsible  for  it.  He  who  alleges  that  an  officer 
entrusted  with  an  important  duty  has  violated  his  instructions,  must  show  it.  Delassus  D;  The  United 
Sutes,  9  Peters,  117. 

The  instructions  of  governor  O'Reilly,  relative  to  granting  lands  in  Louisiana,  were  considered  by  the 
court,  in  8  Peters,  456.  These  regulations  were  intended  for  the  general  government  of  subordinate 
officers,  and  not  to  control  and  limit  the  power  of  the  person  from  whose  will  Uiey  emanated.  The  Baron 
De  Carondelet  must  be  supposed  to  have  nad  all  the  powers  which  had  been  vested  in  Don  O'Reilly;  and 
a  concession  ordered  by  him  is  as  valid  as  a  similar  concession  directed  by  governor  O'Reilly  would  have 
been.    Ibid: 

A  concession  of  land  was  made  by  the  lieutenant-governor  of  Upper  Louisiana,  at  the  time.wben  the 
power  of  granting  lands  was  vested  in  the  governors  of  provinces.  This  power  was,  in  1799,  after  the 
concession,  transferred  to  the  intendant-general ;  and  after  this  transfer,  in  January,  1800,  the  order  of 
survey  of  the  land  was  made  by  the  lieutenant-ffovemor.  The  validity  of  the  order  of  survey  depends 
on  the  authority  of  the  lieutenant-governor  to  make  it.  The  lieutenant-governor  was  also  a  sub-dele^te, 
and  as  such  was  empowered  to  make  inchoate  grants.  The  grant  was  confirmed.  Chouteau's  heirs  v. 
The  United  Sutee,  9  Peters,  137. 

The  transier  of  the  power  to  make  concessions  of  lands  belonging  to  the  royal  domain  of  Spain,  flvm 
the  governor-general  to  the  intendant-general,  did  not  afiect  the  power  of  the  sub-delegate,  who  made 
this  concession.  The  order  in  this  case  is  the  foundation  of  title,  and  is,  according  to  the  act  of  Con- 
gross  on  the  subject  of  confirming  titles  to  lands  in  Missouri,  &c.,  and  the  general  understanding  and 
usage  of  Louisiana  and  Missouri,  capable  of  being  perfected  into  a  complete  title.  It  is  property,  capa- 
ble of  being  alienated,  of  being  subjected  to  debts :  and  is,  as  such,  to  be  held  as  sacred  and  inviolate  as 
other  property.    Ibid. 

A  concession  of  one  league  square  of  land,  in  Upper  Louisiana,  was  made  by  Don  Zenon  Trudean,  the 
lieutenant-governor  of  that  province,  to  Auguite  Cnouteau,  and  a  decree  made  by  him  directing  the  sur- 
veyor-general of  the  province  to  put  him  in  possession  of  the  land,  and  to  survey  the  same,  in  order  to 
enable  Chouteau  to  solicit  a  complete  title  thereto  firom  the  governor-general,  who  by  the  said  decree 
was  informed  that  the  circumstances  of  Chouteau  were  such  as  entitled  him  to  a  grant  of  the  land.  The  land 
was  survejred,  and  the  grantee  put  in  full  possession  of  it  on  the  20th  of  December,  1803.  He  retained  pos- 
session of  it  until  his  death.  The  objection  to  the  validity  of  the  concession  was,  that  the  petitioner  had  not 
as  many  tame  cattle  as  the  eighth  regulation  of  governor  O'Reilly,  govemor*general  of  Louisiana,  required. 
That  re|fulation  reouired  that  the  applicant  for  a  grant  of  a  lesgue  square  of  land  should  make  it  appear 
that  he  is  possessed  of  one  hundrea  head  of  tame  cattle,  some  horses  and  sheep,  and  two  slaves  to  look 
after  them,  a  proportion  which  shall  always  be  observed  for  the  grants,  fcc.  By  the  Court— In  the  spirit 
of  the  decisions  which  have  been  heretofore  made  by  the  supreme  court,  and  of  the  acts  of  confirmation 
passed  by  Congress,  tlio  (act  that  the  applicant  possessed  the  requisite  amount  of  property  to  entitle  him 
to  the  land  he  solicited,  was  submitted  to  the  officer  who  decided  on  the  application ;  and  he  is  not  bound 
to  prove  it  to  the  court,  which  passes  on  the  validity  of  the  grant.  These  incomplete  titles  were  trans- 
ferable, and  the  assignee  might  not  possess  the  means  of  proving  the  exact  number  of  cattle  in  possession 
of  the  petitioner  when  the  concession  was  made.    The  grant  was  confirmed.    Ibid,  147. 


814 


TWELFTH  CONGRESS.    Sess.  II.  Ch.  44.      1813. 


Wriiton  •▼!- 
dence  to  be 
giTen. 


Dtitief  tad 
powera  of  re- 
corder. 


been  confirmed,  shall  be  allowed  until  the  first  of  January  next,  to  delWer 
to  the  recorder  of  land  titles  for  said  territory  the  written  evidence,  or 
produce  other  testimony,  in  support  of  his  or  their  claim,  notice  whereof 
had  been  filed  as  aforesaid ;  and  the  written  evidence  delivered  to  the 
said  recorder  within  the  time  limited  by  this  section,  in  support  of  claims 
filed  as  aforesaid,  shall  be  by  him  recorded  in  the  same  manner,  and  on 
receiving  the  same  fees  allowed  by  former  acts  for  recording  written 
evidence  of  claims  to  lands  in  the  said  district,  and  the  rights  of  any 
such  person  neglecting  to  deliver  the  evidence  of  their  claims  within  the 
time  above  mentioned  shall  become  barred  and  void,  in  so  far  as  the 
same  was  derived  from  the  United  States,  and  the  evidence  thereof  be 
incapable  of  being  admitted  in  any  court  whatsoever. 

Sec.  2.  And  he  it  further  enacted,  That  the  recorder  of  land  titles 
for  the  said  territory  shall  have  the  same  powers,  and  perform  the  same 
duties  in  every  respect,  in  relation  to  the  claims,  whereof  notice  had 
been  filed  as  aforesaid,  and  the  written  evidence  in  support  thereof  shall 
have  been  delivered,  or  other  testimony  produced  within  the  time  limited 
by  this  act,  as  the  board  of  commissioners  for  ascertaining  the  rights  of 
persons  claiming  lands  in  said  district  would  have  had  or  should  have 
performed  if  the  evidence  of  such  claims  had  been  delivered  before  the 
first  day  of  July,  one  thousand  eight  hundred  and  eight,  except  that  his 
decision  shall  be  subject  to  the  revision  of  Congress. 

Sec.  3.  And  be  it  further  enacted.  That  it  shall  be  the  duty  of  the 
said  recorder  to  make  to  the  commissioner  of  the  general  land-office  a 
report  of  all  the  claims  which  had  been  filed,  and  in  support  of  which 
evidence  shall  be  received  as  aforesaid,  with  the  substance  of  such  evi- 
dence, together  with  his  opinion,  and  such  remarks  as  he  may  think 
proper,  which  report,  together  with  a  list  of  the  claims  which  in  the 

S>inion  of  the  said  recorder  ought  to  be  confirmed,  shall  be  laid  before 
ongress  at  their  next  session  for  their  determination  thereon. 
Sec.  4.  And  he  it  Jurther  enacted,  That  every  person  whose  claim  to 
a  donation  of  a  tract  of  land  in  said  district  has  been  confirmed  by  the 
board  of  commissioners  appointed  for  ascertaining  the  rights  of  persons 
claiming  lands  in  said  district,  and  is  embraced  in  their  report  trans- 
mitted to  the  Secretary  of  the  Treasury,  or  which  has  been  confirmed 
by  the  recorder  of  land  titles,  under  the  third  section  of  the  act,  entitled 
*'  An  act  making  further  provision  for  settling  the  claims  to  land  in  the 
territory  of  Missouri,"  approved  on  the  thirteenth  of  June,  one  thousand 
eight  hundred  and  twelve,  shall  be  entitled  to  a  grant  for  six  hundred 
and  forty  acres,  notwithstanding  a  less  quantity  shall  have  been  allowed 
to  him  by  the  decision  of  the  said  commissioners,  or  recorder  of  land 
titles :  Provided,  that  in  no  case  shall  the  grant  be  for  more  land  than 
was  claimed  by  the  party  in  his  notice  of  claim,  nor  for  more  land  than 
is  contained  within  the  acknowledged  and  ascertained  boundaries  of  the 
tract  claimed. 

Sec.  5.  And  he  it  Jurther  enacted.  That  the  principal  deputy  surveyor 
for  the  said  territory  shall  survey  or  cause  to  be  surveyed,  under  the 
direction  of  the  surveyor  general,  a  tract  of  six  hundred  and  forty  acres 
of  land,  to  each  claimant  of  a  donation  tract,  whose  claim  has  been 
confirmed  as  aforesaid,  except  as  provided  by  the  last  preceding  section^ 
where  the  quantity  claimed  by  the  party  was  less  than  six  hundred  and 
forty  acres,  and  where  the  ascertained  boundaries  of  the  tract  claimed 
does  not  include  six  hundred  and  forty  acres,  in  which  cases  the  survey 

If  Uie  eoart  eta  tmit  the  information  received  on  thia  •abject,  neither  the  goTemor  nor  the  inteadant- 

Jeneral  has  ever  refaaed  to  perfect  an  incomplete  title  granted  by  a  deputy  gOTomor  or  a  rab-delegate. 
bid. 

The  regnlation  made  by  Don  O'ReiUy,  as  to  the  qaaatitr  of  land  to  be  granted  to  an  indiTidoal,  in  do! 
tliat  BO  indiTidoal  ahall  receive  granti  for  more  than  one  feaffae  iqaare,  but  that  no  grant  ahall  eieeed  s 
league  aquare.  The  words  of  the  regulation  do  not  forbid  different  grants  to  the  same  person ;  nnd,  ■» 
ftr  a«  the  court  are  informed,  it  has  never  been  so  construed.    Ihid, 


Duties  of  re- 
corder to  report 
to  the  commia- 
sioners. 


Claimants 
when  to  leceive 
their   grants  in 
fhll. 


Act  of   June 
18,    181S,    ch. 


LimiUtions 
of  grants. 


Survey  to  be 
made. 


TWELFTH  CONGRESS.    Ssss.  II.  Ch.  4o.      1818. 


815 


shall  contain  only  the  land  claimed,  and  the  tracts  thus  to  be  surveyed 
shaU  consist  of  unappropriated  lands,  and  shall  in  every  case  contain  the 
improved  lands,  by  virtue  of  the  settlement  on  and  cultivation  of  which 
the  claimant's  right  to  a  donation  has  been  confirmed,  and  in  all  cases 
where,  by  reason  of  adjacent  prior  claims,  or  the  contiguity  of  the  im- 
provements of  the  persons  entitled  to  donation  grants,  each  claimant 
cannot  obtain  a  tract  of  six  hundred  and  forty  acres,  the  vacant  lands 
applicable  to  the  object  shall  be  divided  between  the  claimants  in  such 
manner  as  shall  appear  to  the  principal  deputy  surveyor  most  equitable; 
and  whenever  plats  of  the  surveys  shall  have  been  returned  by  the  prin- 
cipal deputy  surveyor  to  the  office  of  the  recorder  of  land  titles,  it  shall 
be  the  duty  of  the  recorder  to  issue  for  each  tract,  according  to  the  sur- 
vey returned  to  him,  a  certificate  in  favour  of  the  party  to  each  person 
entitled  thereto,  which  shall  be  transmitted  to  the  commissioner  of  the 
genera]  land-office;  and  if  it  shall  appear  to  the  satisfaction  of  the  said 
commissioner  that  such  certificate  was  fairly  obtained,  according  to  the 
true  intent  and  meaning  of  this  act,  then  in  that  case  patents  shall  be 
granted  in  like  manner  as  is  provided  by  law  for  other  lands  of  the 
United  States. 

Sec.  6.  And  he  U  Jwrther  enacted.  That  the  said  recorder  of  land 
titles,  in  addition  to  his  salary  as  fixed  by  law,  shall  be  allowed  fifty  cents 
on  each  claim  which  had  been  filed,  and  in  support  of  which  evidence 
shall  have  been  received,  according  to  the  first  section  of  this  act,  and 
on  which  he  shall  make  a  decision,  whether  such  decision  be  in  favour 
of,  or  against  the  claim,  and  a  further  allowance  of  five  hundred  dollars, 
which  shall  be  paid  after  he  shall  have  made  his  report  to  the  commis- 
sioner of  the  general  land-office,  which  allowance  of  fifty  cents  for  each 
claim  decided  on,  and  five  hundred  dollars  on  the  completion  of  the 
bnsiness,  shall  be  in  full  compensation  for  his  services,  including  clerk 
hire,  respecting  the  claims  to  be  decided  on  according  to  this  act. 

Approved,  March  3,  1813. 


Cbaf.  XLV,— %5nac/  to  alter  the  tima  of  holding  the  Digtrid  Court  in  the  retpee- 
tive  dtMirieti  (f  New  York  and  Mauaehueette, 

Be  ii  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled^  That  instead  of  the  first 
Tuesdays  of  April  and  October,  the  district  court  for  the  district  of  New 
York,  directed  by  law  to  be  holden  at  Utica,  shall  be  holden  on  the 
second  Tuesday  of  May,  and  the  fourth  Tuesday  of  September,  yearly. 

Seo.  2.  And  be  it  further  enacted,  That  all  actions,  suits,  process, 
and  proceedings,  commenced  or  to  be  commenced,  or  now  pending  in 
said  district  court,  and  liable  to  be  discontinued,  or  suffer  prejudice 
from  the  foregoing  alterations,  may  be  returned  to,  and  shall  be  con- 
tinued to  the  district  court,  to  be  holden  in  pursuance  of  this  act,  in 
such  manner  as  that  the  same  shall  suffer  no  discontinuance  or  prejudice 
by  virtue  of  this  act. 

Sec.  3.  And  be  it  further  enacted,  That  the  respective  terms  of  the 
district  conrt  of  Massachusetts  district,  which  are  now  required  by  law 
to  be  holden  at  Salem,  within  said  district,  shall  hereafter  be  holden  at 
Boston,  within  said  district,  at  the  respective  times  now  prescribed  by 
law,  and  that  all  writs  and  processes,  of  whatsoever  nature  or  kind,  that 
have  been  or  may  be  issued,  and  made  returnable  to  the  said  court  at 
Salem,  shall  be  returnable  and  returned  to  the  said  court  at  Boston, 
any  thing  in  any  former  law  to  the  contrary  notwithstanding. 

Approved,  March  3, 1813. 


Grmotf   and 
patents  when  to 
be  iMued. 


Salary  of  the 
recorder   aug- 
mented. 


Feei  and  al- 
lowance of  fire 
hundred  dollars 
on  the  comple- 
tion of  the  boai- 


Statvte  II. 

March  3,  1813. 

Act  of  Aprils, 
1814,  ch.  49. 

Act  of  March 
3, 1815,  ch.  94. 

Terms  of  the 
courts  chancped 
to  second  Tues- 
day in  May  and 
fourth  Tuesday 
of  September, 
at  Utica. 

Process   re- 
turnable   ac- 
cordingly. 


Boston  sub- 
stituted for  Sa- 
lem,  for  the  ses- 
sions  of  the 
court. 

Writs  and 
process  return- 
able to  the  court 
at  Salem,  to  be 
returned  to  the 
court  at  Boston. 


816 


TWELFTH  CONGRESS.    Sgm.  II.  Cb.  47, 48.    1813. 


Statutb  II* 
Mareh3,1813. 

[Obsolete.] 
Daring  the  wir 
anj  person  msy 
burn,  sink,  or 
destroT  an  j  ves- 
sel or  war,  ex- 
cept ressels  un- 
der cartels. 

Compensation 
therefor. 


Statuts  II. 
March  3, 1813. 


Third  section 
of  act  of  April 
S,  1794,  eh.  14, 
repealed. 


Baperintend- 
ent  general  to 
be  appointed  to 
reside  at  the 
■eat  of  gorern- 
menL 

Salary  three 
thousand  del- 
lars. 

His  duties. 

Exempted 
from  postage  by 
act  0^1813,  ch. 
9. 


Commissary 
general  of  pur- 
chases,  ftc.  kc, 
to  make  reports 
to  him,  fcc.  lie. 


Chap.  XLVIL— ^n  Jiet  to  encourage  the  deetructian  of  the  armed  veeteh  of  war 

of  the  enemy* 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives  of  the  IMted 
States  of  America  in  Congress  assembled,  That,  during  the  present  war 
with  Great  Britain,  it  shall  be  lawful  for  any  person  or  persons  to  burn, 
sink,  or  destroy,  any  British  armed  vessel  of  war,  except  vessels  coining 
as  cartels  or  flags  of  truce ;  and  for  that  purpose  to  use  torpedoes,  sub- 
marine instruments,  or  any  other  destructive  machine  whatever:  and  a 
bounty  of  one  half  the  value  of  the  armed  vessel  so  burnt,  sunk,  or  de- 
stroyed, and  also  one  half  the  value  of  her  guns,  cargo,  tackle,  and 
apparel,  shall  be  paid  out  of  the  treasury  of  the  United  States  to  such 
person  or  persons  who  shall  effect  the  same,  otherwise  than  by  the  armed 
or  commissioned  vessels  of  the  United  States. 

Approved,  March  3,  1813. 


Chap.  XLVIIL-^fi  Jet  the  better  to  provide  for  the  euppKet  of  the  Army  of  the 
United  States^  and  for  the  aeeountabiHty  tfpereonM  entrueteawiih  the  aame^ 

Be  it  enaetetl  hy  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assemblea,  That  the  third  section  of  the 
act,  entitled  "An  act  to  provide  for  the  erecting  and  repairing  of  arsenab 
and  magazines,  and  for  other  purposes,"  passed  on  the  second  day  of 
April,  one  thousand  seven  hundred  and  ninety-four,  be,  and  the  same  is 
hereby  repealed,  from  and  after  the  thirty-first  day  of  Marchi  one  thou- 
sand eight  hundred  and  thirteen. 

Sec.  2.  And  be  U  further  enacted,  That  there  shall  be  a  superinten- 
dent genera]  of  military  supplies,  who  shall  re«de  at  the  seat  of  govern- 
ment, and  receive  an  annual  salary  of  three  thousand  dollars;  and 
whose  duty  it  shall  be,  under  the  direction  of  the  Secretary  forthsWar 
department,  to  keep  proper  accounts  of  all  the  military  stores  and  sup- 
plies of  every  description,  purchased  or  distributed  for  the  use  of  the 
army  of  the  United  States,  and  of  the  volunteers  and  militia  in  their 
service ;  to  prescribe  the  forms  of  all  the  returns  and  accounts  of  such 
stores  and  supplies  purchased,  on  hand,  distributed,  used,  or  sold,  to  be 
rendered  by  the  commissary  of  ordnance  and  officers  in  his  department, 
by  the  commissary  general  of  purchases  and  his  deputies,  by  the  several 
officers  in  the  quartermaster  general's  department,  by  the  regimental 
quartermasters,  by  the  hospital  surgeons  and  other  officers  belonging  to 
the  hospital  and  medical  department,  and  by  all  other  officers,  agents,  or 
persons  who  shall  have  received,  distributed,  or  been  entrusted  with  such 
stores  and  supplies  as  aforesaid ;  to  call  to  account  all  such  persons ;  to 
audit  and  settle  all  such  accounts,  and,  in  case  of  delinquency,  to  trans- 
mit the  account,  and  to  state  the  value  of  the  articles  unaccounted  for 
by  such  delinquency,  to  the  accounting  officers  of  the  treasury  for  final 
settlement  and  recovery  of  such  value ;  to  transmit  all  such  orders ;  and 
generally  to  perform  all  such  other  duties  respecting  the  general  super- 
intendence of  the  purchase,  transportation,  safe  keeping,  and  accounta- 
bility of  military  supplies  and  stores  as  aforesaid,  as  may  be  prescribed 
by  the  Secretary  for  the  War  department 

Sec.  .d.  And  be  it  Jurther  enacted.  That  the  commissary  general  of 
purchases  and  his  deputies,  the  several  officers  in  the  quartermaster's 
department,  the  regimental  quartermasters,  the  commissary  of  ordnance^ 
his  assistant  and  deputies,  the  principal  hospital  surgeons  and  officers 
belonging  to  the  hospital  and  medical  departments,  and  all  other  officers* 
agents,  or  persons  who  shall  have  received,  or  may  be  entrusted  with 
any  stores  or  supplies  of  any  description  whatever  for  the  use  of  the  army 
of  the  United  States,  and  of  the  volunteers  or  militia  in  their  service^ 


TWELFTH  CONGRESS.    Sias.  n.  Cb.  48.     1813. 


817 


diall  raider  quarterly  aceottnts  of  the  dispoeitioa  and  state  of  all  such 
stores  and  supplies  to  the  superintendent  aforesaid,  and  shall  also  make 
such  other  returns  respecting  the  same,  and  at  such  other  times  as  the 
Secretary  for  the  War  department  may  prescribe:  Provided  however,  that 
the  accouDlB  and  returns  thus  rendered  shall  relate  to  the  articles  of 
supply  only,  which  may  have  been  received  and  disposed  of,  [or]  as  may 
remain  on  hand,  and  shall  not  embrace  the  specie  accounts  for  monies 
disbursed  by  such  officers,  agents,  or  other  persons;  which  specie  ac- 
counts shall  be  rendered  as  heretofore  to  the  accountant  for  the  war 
department 

Sbc.  4.  And  be  it  fiirther  enacted,  That  the  officers,  agents,[or]  other 
persona  who  may  receive  monies  in  advance  from  the  war  department,  shall 
render  quarterly  accounts  to  the  accountant  of  the  said  department,  of  their 
specie  receipts  and  disbursements,  and  shall  moreover  make  such  other 
monthly  summary  statements  thereof  to  the  secretary  for  the  said  depart- 
ment, as  he  may  prescribe.  And  the  quarterly  accounts  of  supplies,  or 
of  monies,  rendered  as  aforesaid,  shall  be  respectively  settled  by  the 
superintendent  general  of  military  supplies,  and  by  the  accountant  of  the 
war  department,  according  to  their  respective  authorities,  within  three 
months  after  the  time  when  such  accounts  shall  have  respectively  been 
rendered  to  them. 

Skc.  5.  And  be  it  Jurther  enacted.  That  the  Secretary  for  the  War 
department  shall  be,  and  he  is  hereby  authorized  and  directed  to  define 
and  prescribe  the  species  as  well  as  the  amount  of  supplies  to  be  respec- 
tively purchased  by  the  commissary  general's  and  quartermaster  general's 
departments,  and  the  respective  duties  and  powers  of  the  said  departs 
ments  respecting  such  purchases;  and  also  to  adopt  and  prescribe 
general  regulations  for  the  transportation  of  the  articles  of  supply  from 
pie  places  of  purchase  to  the  several  armies,  garrisons,  posts,  and  recruit- 
ing [daces,  for  the  safe  keeping  of  such  artides,  and  for  the  distribution 
of  an  adequate  and  timely  supply  of  the  same  to  the  regimental  quarter- 
masters, and  to  snch  other  officers  as  may  by  virtue  of  such  regulations 
be  entrusted  with  the  same.  And  the  secretary  aforesaid  is  also  autho- 
rized to  fix  and  make  reasonable  allowances  for  the  store  rent,  storage, 
and  salary  of  store  keepers  necessary  for  the  safe  keeping  of  all  military 
stores  and  supplies. 

Sec.  6.  And  be  it  farther  enacted.  That  the  superintendent  general 
of  military  supplies  shall  be  appointed  by  the  President,  with  the  advice 
and  consent  of  the  Senate;  but  the  President  is  hereby  authorized  to 
make  the  appointment  during  the  recess  of  the  Senate,  which  appoint- 
ment shall  be  submitted  to  the  Senate  at  their  next  meeting  for  their 
advice  and  consent. 

Sbc.  7.  And  be  it  further  enacted.  That  the  superintendent  general 
of  military  supplies  shall  be  authorized  to  employ  a  sufficient  number 
of  clerks:  Provided,  that  their  annual  compensation  shall  not  exceed  in 
the  whole  seven  thousand  dollars ;  and  the  sum  of  eight  thousand  dol- 
lars is  hereby  appropriated  for  paying  the  said  compensation  and  that  of 
the  superintendent  aforesaid,  during  the  year  one  thousand  eight  hun- 
dred and  thirteen,  to  be  paid  out  of  any  monies  in  the  treasury,  not 
otherwise  appropriated. 

Sbc.  8.  And  be  it  fiirther  enacted.  That  the  President  of  the  United 
States  be,  and  he  is  hereby  empowered,  as  he  may  deem  it  expedient, 
either  to  appoint  for  the  time  being  a  special  commissary  or  commis- 
saries for  the  purpose  of  supplying  by  purchase  or  contract,  and  of 
issuing,  or  to  authorize  any  officer  or  officers  in  the  quartermaster 
general's  department,  to  supply  and  issue  as  aforesaid  the  whole  or  any 
part  of  the  subsistence  of  the  army,  in  all  cases  where,  either  from  the 
want  of  coqtractorsy  or  from  any  deficiency  on  their  part,  or  from  any 
other  contingency,  such  measure  may  be  proper  and  necessary  in  order 

Voi.  a— 103  3Z 


ProviM    that 
the  aecoanta 
and  ratarni 
■hall   relate  to 
aitielet  of  rap- 
plj  onlj. 


Aceoanta  for 
anppliei   to  h% 
returned  and 
Mttled  quarter* 


Speciee  and 
amooat  of  anp* 
pliet  to  be  pre- 
acribed  bj  the 
Seeretery  of 
War,  flkc  kc. 


AOowaneee 
for   atore  rent, 
ke. 

Saperintend- 
ent,  how  ap- 
pointed. 


Clerki  to  be 
employed  by 
him. 

ProTlao. 


Preaident  may 
appoint  a  ape- 
oial  commiaiary 
for  iiipplyiog 
and  iMuing  pro- 
▼itioni,  kc.  kc 


818 


TWELFTH  CONGRESS.    Sess.  II.  Ch.  50, 61.     1813. 


Compensation. 


AMittanteom. 
miatariet  to  be 
appointed. 


to  insure  the  subsistence  of  the  army  or  of  any  {Nirt  thereof;  and  such 
special  commissaries  shall  each,  whilst  employed,  be  entitled  to  the  pay 
and  emoluments  of  a  deputy^ quartermaster  general. 

Sec.  9.  And  be  it  further  enacted.  That  the  President  of  the  United 
States  be,  and  he  is  hereby  authorized  to  appoint  not  exceeding  six 
assistant  commissaries,  to  be  attached  to  such  army,  or  to  reside  at  such 
places  respectively  as  the  Secretary  for  the  War  department  may  direct, 
for  the  purpose  of  receiving  from  the  commissary  general  of  purchases, 
or  from  his  deputies,  and  of  distributing  to  the  regimental  quartermas- 
ters, and  to  such  officers  as  may  by  the  secretary  aforesaid  be  designated, 
the  clothing  and  other  supplies  purchased  by  the  commissary  general 
aforesaid,  or  his  deputies,  and  destined  for  the  use  of  the  troops  belong- 
ing to  the  army,  or  in  the  vicinity  of  the  place  to  which  such  assistant 
CompennUon.  commissaries  may  respectively  be  attached.  And  said  assistant  com- 
missaries shall,  whilst  employed,  be  entitled  to  the  pay  and  emoluments 
of  a  deputy  quartermaster  general. 

Approteo,  March  3, 1813. 


Statute  II. 

March  3, 1813. 

[Obaoleie.] 
Act  of  Dec. 

31,1792,ch.l> 

■ec.  9. 
New    certifi. 

eateaofregiatiy 

to  be  proTided. 


Old  certifieatea 
or  regiftry  to  be 
exchanged  for 
new  certificates. 


Specific    ap- 
propriation. 


Statute  II. 


Chap.  L. — Jin  Jet  to  authorize  the  Secretary  of  the  Treasury  to  proUde 
eerttfiedten  of  registry. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  it  shall  be  the  duty  of 
the  Secretary  of  the  Treasury  to  cause  to  be  provided  blank  certificates 
of  registry,  and  such  other  papers  as  may  be  necessary,  executed  in  such 
manner,  and  with  such  marks  as  he  may  direct ;  and  from  and  after  the 
thirty-first  day  of  December,  one  thousand  eight  hundred  and  fourteen, 
no  certificate  of  registry  shall  be  issued,  except  such  as  shall  have  been 
provided  and  marked  as  aforesaid ;  and  the  ships  or  vessels  of  the  United 
States,  which  shall  have  been  duly  registered  as  such,  shall  be  entitled 
to  new  certificates  of  registry  (gratis)  in  exchange  for  their  old  certi- 
ficates of  registry.  And  it  shall  be  the  duty  of  the  respective  collectors, 
on  departure  of  any  such  ship  or  vessel,  after  the  said  thirty-first  day  of 
December,  one  thousand  eight  hundred  and  fourteen,  from  any  district  to 
which  such  ship  or  vessel  shall  belong,  to  issue  a  new  certificate  accord- 
ingly, and  to  retain  and  deface  the  former  ceKificate. 

Sec.  2.  And  be  it  further  enacted.  That  a  sum  not  exceeding  ten  thou- 
sand dollars  be,  and  the  same  is  hereby  appropriated,  out  of  any  money 
in  the  treasury  not  otherwise  appropriated,  to  carry  this  act  into  effect 

Approved,  March  3, 1813. 


March  3, 1813.     Chap.  LI.- 

[ObMlete.] 

Reward  to  the 
officera  and 
crew  of  the 
Conttitation 
for  the  denrttc- 
tion  of  the  Java, 
and  Wasp. 


Ad  rewarding  the  iffiten  and  erewjof  the  frigate  Omdituiion, 
and  the  tffieere  and  crew  tf  the  Waap. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Chngress  assembud.  That  the  President  of  the 
United  States  be,  and  he  is  hereby  authorized  to  have  distributed,  as 
prize  money,  to  Captain  Isaac  Hull,  of  the  frigate  Constitution,  his 
officers  and  crew,  the  sum  of  fifty  thousand  dollars,  for  the  capture  and 
destruction  of  the  British  frigate  Guerriere :  and  the  like  sum,  in  like 
manner,  to  Captain  William  Bainbridge,  his  officers  and  crew,  for  the 
capture  and  destruction  of  the  British  frigate  Java :  and  the  sum  of 
twenty-five  thousand  dollars,  in  like  manner,  to  Captain  Jacob  Jones,  of 
the  sloop  of  war  Wasp,  his  officers  and  crew,  for  the  capture  of  the 
British  sloop  of  war  Frolic :  and  that  the  sum  of  one  hundred  and 
twenty-five  thousand  dollars,  out  of  any  money  in  the  treasury  not  other- 
wise appropriated,  be,  and  the  same  is  hereby  appropriated  for  the  pur- 
poses aforesaid. 

Approved,  March  3i  1813. 


TWELFTH  CONGRESS.    Si»s,  II.  Ch.  5*Z    1813. 


819 


OmMT.  LIL— Jn  M  for  tke  better  organizaiien  tf  ike  general  ^  cf  tkt  jSrmtf 
if  ike  United  States. 

Be  it  enacted  by  tke  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  adjutant  general's, 
inspector  general's,  and  quartermaister  general's  departments  shall  con- 
sist of  the  following  officers,  that  is  to  say :  an  adjutant  and  inspector 
genera],  with  the  rank,  pay,  and  emoluments  of  a  brigadier  general,  and 
not  exceeding  eight  adjutants  general,  sixteen  assistant  adjutants  gene- 
ral, eight  topographical  engineers,  eight  assistant  topographicial  engineers, 
eight  inspectors  general,  sixteen  assistant  inspectors  general,  eight  quar- 
termasters general,  eight  deputy  quartermasters  general,  and  thirty-two 
assistant  d^uty  quartermasters  general. 

Sec.  2.  And  be  U  further  enacted,  That  the  President  of  the  United 
States  be,  and  is  hereby  authorized,  if  he  shall  deem  it  expedient,  to 
assign  one  of  the  brigadiers  general  to  the  principal  army  of  the  United 
States  who  shall,  in  such  case,  act  as  adjutant  and  inspector  general, 
and  as  chief  of  the  staff  of  such  army :  and  the  quartermaster  general 
attached  to  the  principal  army  shall,  as  heretofore,  have  the  brevet  rank 
and  the  pay  and  emoluments  of  a  brigadier  general. 

Sec.  3.  And  be  it  further  enacted.  That  all  the  other  adjutants  gene- 
ral shall  have  the  brevet  rank  and  the  pay  and  emoluments  of  a  cdonel 
of  cavalry ;  all  the  other  inspectors  general  and  quartermasters  general 
shall  have  the  brevet  rank  and  the  pay  and  emoluments  of  a  colonel  of 
infantry;  the  assistant  adjutants  general,  assistant  inspectors  general, 
deputy  quartermasters  general,  and  topographical  engineers  shall  have 
the  brevet  rank  and  the  pay  and  emoluments  of  a  major  of  cavalry ;  and 
the  assistant  topographical  engineers,  and  assistant  deputy  quartermas- 
ters general  shsJl  have  the  brevet  rank  and  the  pay  and  emoluments  of 
a  captain  of  infantry. 

Sec.  4.  ilml  be  it  further  enacted.  That  the  assistant  adjutants  gene- 
ral, the  assistant  inspectors  general,  and  the  assistant  topographical 
engineers  shall  be  taken  from  the  line.  The  adjutants  general,  inspectors 
genera],  quartermasters  general,  deputy  quartermasters  general,  topo- 
graphical engineers  and  assistant  deputy  quartermasters  general  may  be 
taken  from  the  line  or  not,  as  the  President  may  deem  expedient.  And 
officers  taken  from  the  line  and  transferred  to  the  staff,  shall  receive 
only  the  pay  and  emoluments  attached  to  the  rank  in  the  staff;  but  their 
transfer  shall  be  without  prejudice  to  their  rank  and  promotion  in  the 
line  according  to  their  said  rank  and  seniority ;  which  promotion  shall 
take  place  according  to  usage  in  the  same  manner  as  if  they  had  not 
been  thus  transferr^. 

Sec.  5.  And  be  it  further  enacted.  That  it  shall  be  the  duty  of  the 
Secretary  ofthe  War  department,  and  he  is  hereby  authorized,  to  prepare 
general  regulations,  better  defining  and  prescribing  the  respective  duties 
and  powers  of  the  several  officers  in  the  adjutant  general,  inspector 
general,  quartermaster  general,  and  commissary  of  ordnance  departments, 
of  the  topographical  engineers,  of  the  aids  of  generals,  and  generally  of 
the  general  and  regimental  staff;  which  regulations,  when  approved  by 
the  President  of  the  United  States,  shall  be  respected  and  obeyed,  until 
altered  or  revoked  by  the  same  authority.  And  the  said  general  regu- 
lations, thus  prepared  and  approved,  shall  be  laid  before  Congress  at 
their  next  session. 

Sec.  6.  And  he  it  Jwrtker  enacted.  That  the  number  of  assistant 
deputy  commissaries  of  ordnance  shall  not  exceed  sixteen,  and  that  they 
shall  respectively  be  entitled  to  the  brevet  rank  and  to  the  pay  and  emo- 
luments of  a  first  lieutenant  of  infantry. 

Sec.  7.  And  be  it  further  enacted.  That  for  the  better  superintend- 
ence and  management  of  the  hospital  and  medical  establishment  of  the 


Statute  H. 
March  3, 1813. 

[Obsolete.] 

Act  of  Match 
3, 1816,  ch.  78. 

Act  of  April 
24, 1816,  ch.  69. 

Act  of  April 
16, 1818,  ch.  56. 

Of  what  offi. 
cera  compoaed. 

Their  rank 
and  pay. 


Brigadier  ge- 
neral  may  be 
asaigoedtoprin. 
cipaJarmytoaet 
at  adjutant,  ke, 
fcc 


Rank    pay, 
and  emolumenCa 
of  officera  ofthe 
stair. 


Aniatant  ad- 
jutant gene. 
ra]a,  kc,  kc,  to 
be  uken   firom 
the  line. 


General  regv. 
lationa   to   be 
prepared  by  the 
Secretary    of 
War,  for  regn. 
lating  the  atatf. 


To  be  laid  be- 
fore Congreaa. 

Number  of  aa- 
aiatant  deputy 
commisnriea 
of  ordnance  not 
to  exceed  aiz. 
teen. 

Phyiician  or 
surgeon  general 
to  be  appointed. 


1*W£LFTH  CONGRESS.    Sess.  n.  Ch.  53.    181& 


Fonge,  wa. 
gon,  and  bir- 
rack  maaterato 
be  appointed  aa 
heretofore. 


Ataistant  de- 
puty qaarter. 
maitera  gene- 
ral, how  ap. 
pointed,  te.te. 


Repealing 
clanae. 


Letters  to  cer. 
tain  agento  and 
rrom  them  free 
of  poatage. 


President  maj 
appoint  certain 
otDcersinreeese 
of  Senate. 

ActofFebra- 
ary  S4,  1813, 
eh.  34. 


No  pay  to  be 
allowed  until 
ealled  into  aetn-' 
al  senrice. 


Statute  II. 

March  3,  1813. 

[Obsolete.] 
Act  of  March 
S,1811,ch.86. 


army  of  the  United  States,  there  shall  be  a  physician  and  surgeon 
genera],  with  an  annual  salary  of  two  thousand  five  hundred  dollars,  and 
an  apothecary  general,  with  an  annual  salary  of  eighteen  hundred  dol- 
lars; whose  respective  duties  and  powers  shall  be  prescribed  by  the 
President  of  the  United  States. 

Sec.  8.  And  be  it  Jurther  enacted^  That  the  forage,  wagon,  and 
barrack  masters  shall  be  appointed  as  heretofore :  but  each  quartermas- 
ter general,  attached  to  any  separate  army,  command,  or  district,  shaU 
be  authorized,  with  the  approbation  and  under  the  direction  of  the 
Secretary  of  the  War  department,  to  appoint  as  many  such  officers  and  to 
employ  as  many  artificers,  mechanics,  and  labourers,  as  the  public  ser- 
vice may  require. 

Sec.  9.  And  he  it  further  enacted^  That  the  assistant  deputy  quar- 
termasters genera]  may  be  appointed,  and  officers  taken  from  the  line 
and  transferred  to  the  staff,  may  be  thus  transferred  by  the  President  of 
the  United  States  alone.  But  all  other  new  appointments  authorized  by 
this  act  shall  be  made  by  the  President  of  the  United  States,  with  tho 
advice  and  consent  of  the  Senate :  Provided^  that  during  the  recess  of 
the  Senate  such  appointments  may  be  mndfi  by  the  President  alone,  in 
which  case  the  same  shall  be  laid  before  the  Senate  at  their  next  seasioD 
for  their  advice  and  consent. 

Sec.  10.  And  be  it  further  enacted.  That  every  act,  and  every  part 
of  any  act  of  Congress  now  in  force,  within  the  purview  and  meaning 
of  this  act,  be,  and  the  same  are  hereby  repealed. 

Sec.  11.  And  be  it  further  enacted.  That  all  letters  and  packets  to 
and  from  the  adjutant  and  inspector  general,  adjutants  general,  inspectors 
general,  quartermasters  general,  commissary  general  of  ordnance,  physi- 
cian and  surgeon  generd,  and  apothecary  general,  which  relate  to  their 
official  duties,  shall'  be  free  from  postage. 

Sec.  12.  And  be  it  further  enacted,  Thai  the  President  of  the  United 
States  be,  and  he  is  hereby  authorized  to  appoint  any  of  the  officers 
authorized  by  an  act,  entitled  "An  act  making  provision  for  an  additional 
number  of  general  officers,"  passed  the  twenty<^flh  day  of  February,(a) 
one  thousand  eight  hundred  and  thirteen,  during  the  recess  of  the  Senate, 
to  be  submitted  to  the  Senate  at  their  next  session  for  their  advice  and 
consent ;  and  that  no  officer  appointed,  or  who  may  be  appointed,  by 
virtue  of  the  aforesaid  act,  shall  be  entitled  to  receive  any  pay  or  emolu- 
ment until  he  shall  be  called  into  actual  service,  nor  for  any  longer  time 
than  he  shall  be  continued  therein. 

Approved,  March  3, 1813. 


ActcoDtinaed 
until  March  3, 
1810. 


Chap.  LIII. — Jin  Jet  to  revive  and  continue  in  force  *^An  act  declaring  the  eon* 
$ent  of  OmgreMB  to  an  act  of  the  State  of  Georgia^  paaaed  the  twefih  dau  of 
DeeenJfer,  one  thou$and  eight  hundred  and  four ^  eetabUMng  the  fete  tfthe 
harbor  nuuter  and  health  qffieer  of  theporte  of  Savannah  and  St,  Marye,^*^ 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  Umttd 
States  of  America  in  Congress  assembled,  That  the  act  of  Congress,  passed 
the  second  day  of  March,  one  thousand  eight  hundred  and  eleven,  enti« 
tied  "An  act  declaring  the  consent  of  Congress  to  an  act  of  the  state  of 
Georgia,  passed  the  twelfth  day  of  December,  one  thousand  eight  hundred 
and  four,  establishing  the  fees  of  the  harbor  master  and  health  officer  of 
the  ports  of  Savannah  and  St  Marys,"  be,  and  the  same  is  hereby 
revived  and  continued  in  force  for  one  year,  and  from  thenee  to  the  end 
of  the  next  session  of  Congress,  and  no  longer. 

Approved,  March  3,  1813. 


(A  This  act  was  passed  oa  the  84th  Febmary,  1818. 


TWELFTH  CONGRESS.    Sbss.  II.  Ch.  64.  55.     1813. 


8tl 


Chap*  LI V.— gfn  Jki  tuppkmeniary  to  the  ad  for  inertanng  the  Nmy, 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled^  That  the  President  be,  and  he  is 
hereby  authorized  to  have  built  six  sloops  of  war,  and  to  have  the  same 
manned,  equipped,  and  commiraioned  for  service;  and  that  the  President 
be  authorized  to  have  built,  or  procured,  such  a  number  of  sloops  of  war, 
or  other  armed  vessels,  to  be  manned,  equipped,  and  commissioned,  as 
the  public  service  may  require,  on  the  lakes. 

Sec.  2.  And  be  it  further  enacted.  That  the  President  be,  and  he  is 
hereby  authorized  to  appoint  such  officers  and  to  employ  the  number  of 
seamen  which  may  be  necessary  for  such  vessels  as  are  authorized  by 
law  to  be  put  in  commission,  any  law  to  the  contrary  notwithstanding. 

Sec.  3.  And  be  it  further  fitaclci/.  That  for  the  building  or  procuring 
said  vessels,  and  for  the  payment  of  two  hundred  thousand  dollars,  for 
vessels  already  procured  on  the  lakes,  by  direction  of  the  President,  that 
the  sum  of  nine  hundred  thousand  dollars,  out  of  any  money  in  the 
treasury  not  otherwise  appropriated  be,  and  the  same  is  hereby  appro- 
priated. 

Sec.  4.  And  be  it  further  enacted,  That  the  sum  of  one  hundred 
thousand  dollars  be  appropriated  for  the  purpose  of  establishing  a  dock 
yard,  for  repairing  the  vessels  of  war,  in  such  central  and  convenient 
place  on  the  seaboard  as  the  President  of  the  United  States  shall  desig- 
nate. 

Sec.  5.  And  be  it  further  enacted,  That  the  President  be,  and  he  is 
hereby  authorized  to  contract  for  the  building  any  of  the  six  forty-four 
gun  ships  authorized  by  law:  Provided,  that  the  building  be  under 
inspection  of  an  agent  appointed  by  the  Secretary  of  the  Navy. 

Sec.  6.  And  be  it  further  enacted.  That  the  President  of  the  United 
States  be  authorized  to  sell  or  dispose  of  such  and  so  many  of  the  gun 
boats  belonging  to  the  United  States  as  may  have  become  unfit  for  ser- 
vice, or  as  in  his  judgment  may  no  longer  be  necessary  to  be  retained  by 
the  government. 

Approved,  March  3,  1813. 


Statctb  II. 
Mirch3,]813. 

Act  of  Feb.  87, 
181ff,ch.63. 

Sloops  of  war 
to  be  boili,  man- 
ned, and  equip, 
ped  for  lerrieef 
fcc. 

Vetseli  to  be 
prepared  for  the 

Officers  to  be 
appointed,   Ike. 


Specific  ap. 
propriation  rar 
the  purpoies  of 
this  act. 


Appropriation 
for  a  dock  yaid. 


President  may 
contract  for 
building  anv  of 
the    forty,  roar 
gun  ships. 

Sale  of  gun 
boats  authoris- 
ed. 


Statute  II* 


Chap.  LV.— w9n  Jet  making  t^ropriationt  for  the  support  of  the  Navy  cf  the    March  3,  1818. 
United  States^  for  the  year  one  thousand  eight  hundred  and  thirteen, 

[Obsolete.] 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  dfthe  United       Specific  ip- 
States  of  America  in  Congress  assembled,  That  for  defraying  the  expenses   propriations. 
of  the  navy,  during  the  year  one  thousand  eight  hundred  and  thirteen, 
the  following  sums  be,  and  the  same  hereby  are  respectively  appropriated, 
that  is  to  say : 

For  the  pay  and  subsistence  of  the  officers,  and  pay  of  the  seamen, 
one  million  six  hundred  and  sixty-eight  thousand  dollars,  and  for  pay 
due  to  the  officers  and  crews  of  the  public  ships  and  other  vessels  in 
commission  for  the  year  one  thousand  eight  [hundred]  and  twelve,  three 
hundred  and  sixty-five  thousand  dollars. 

For  provisions,  seven  hundred  and  seventy-five  thousand  dollars. 

For  medicines,  instruments,  hospital  stores,  and  all  expenses  oo 
account  of  the  sick,  one  hundred  thousand  dollars. 

For  repair  of  vessels,  six  hundred  and  forty  thousand  dollars. 

For  freight,  store  rent,  and  all  other  contingent  expenses,  two  hun- 
dred and  fifly  thousand  dollars. 

For  expenses  of  navy  yards,  comprising  docks  and  other  improv»- 
msntSy  pijT  of  superintendents!  storekeepers,  clerks,  and  labourers,  nihely 
tbonsand  dollars. 

3z2 


8S^2 


TWELFTH  GONGRESS.    Sess.  II.  Ch.  56.  57.     1813. 


Specific  ap- 
propriationi. 


For  ordnance,  and  for  ordnance  and  military  stores,  one  hundred 
thousand  dollars. 

For  pay  and  subsistence  of  the  marine  corps,  including  provisions  for 
those  on  shore,  and  forage  for  the  staff,  two  hundred  and  forty-five 
thousand  three  hundred  and  ninety-one  dollars  and  seventy  cents. 

For  clothing  for  the  same,  seventy-one  thousand  seven  hundred  and 
eighty-ei^ht  dollars  and  ten  cents. 

For  military  stores  for  the  same,  twenty-seven  thousand  six  hundred 
and  eight  dollars  and  seventy-five  cents. 

For  medicines,  medical  sen'ices,  hospital  stores,  and  all  other  expenses 
on  account  of  the  sick  belonging  to  the  marine  corps,  twenty  thousand 
dollars. 

For  quartermasters  and  barrack  masters'  stores,  officers*  travelling 
expenses,  armorers  and  carpenters'  bills,  fuel,  premiums  for  enlisting 
men,  musical  instruments,  bounty  to  music,  and  other  contingent  ex- 
penses of  the  marine  corps,  forty-six  thousand  dollars. 

Sec.  2.  And  be  it  further  enacted,  That  the  several  sums  specifically 
appropriated  by  this  act,  shall  be  paid  out  of  any  monies  in  the  treasury 
not  otherwise  appropriated. 

Approted,  March  3, 1813. 


Statute  II. 


Much  3  ISIS      Crap.  Lyi.-«^fi  Jet  making  an  approjprialionfw  alieratiom  and  retain  in  ike 
[ :  Ooqritol. 


[OlMolate.] 
Specific  ftp- 
propriationi. 


Repainofthe 
chamDer  of  the 
houte  or  repre- 
■eoutiret. 


Repdn  of  the 
roof  of  the  cap- 
itol. 


Statute  II. 


March  3, 1813. 


[OlMolete.] 
Specific  ap- 
propriationi  for 
the  militarj 
eatabliahmenL 


Actof  Janua. 
Tj  SO,  1813,  ch. 
11. 


Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  a  sum  not  exceeding  five 
thousand  dollars  shall  be,  and  the  same  is  hereby  appropriated,  to  be 
applied  under  the  direction  of  the  President  of  the  United  States,  in 
such  repairs  or  alterations  in  the  chamber  of  the  House  of  Representa- 
tives as  may  be  necessary  for  their  accommodation  in  their  future  se^ 
sions,  having  in  view  as  well  the  increased  number  of  the  members,  as 
the  better  lighting,  ventilating,  and  warming  the  chamber;  which  sum 
shall  be  paid  out  of  any  money  in  the  treasury  not  otherwise  appropriated. 

Sec.  2.  And  be  it  farther  enacted.  That  five  hundred  dollars  be  appro- 
priated to  repair  the  roof  of  the  capitol,  to  be  paid  out  of  any  money  in 
the  treasury  not  otherwise  appropriated. 

Approved,  March  3,  1813. 


Chap.  LVII.— ^n  Act  making  appropriations  for  the  eupport  of  the  miliiary 
establishment  and  of  the  volunteer  militia  in  the  aetuaf  sertfiee  of  the  United 
States^  for  the  year  one  thousand  eight  hundred  and  thirteen. 

Be  it  ettacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  for  defraying  the  expenses 
of  the  military  establishment  of  the  United  Sutes,  indudmg  the  volun- 
teers and  militia,  in  their  actual  service,  for  the  year  one  thousand  eight 
hundred  and  thirteen,  for  the  Indian  department,  and  for  the  expense 
of  fortifications,  arsenals,  and  armories,  the  following  sums,  including 
the  sum  of  one  million  of  dollars  already  appropriated  by  the  first  section 
of  the  act,  entitled  "An  act  making  certain  partial  appropriations  for  the 
year  one  thousand  eight  hundred  and  thirteen,''  be,  and  the  same  are 
hereby  respectively  appropriated,  that  is  to  say : 

For  the  pay  of  the  army  of  the  United  States,  including  the  pay  of  the 
artificers  and  labourers  in  the  quartermaster  general's  and  onlnance 
departments,  and  of  the  private  servants  kept  by  officers,  and  for  the  pay 
of  the  volunteers  and  militia  in  the  actual  service  of  the  United  States, 
five  million  one  hundred  and  sixty-eight  thousand  eight  hundred  and 
three  dollars. 


TWELFTH  CONGRESS.    Sess.  II.  Ch.  58.     1813. 

For  forage  to  officers,  one  hundred  and  nine  thousand  two  hundred      Specific  ap. 
and  twenty-four  dollars.  proprittioiit. 

For  the  subsistence  of  the  army,  and  volunteers  and  militia,  two  million 
nine  hundred  and  seventy-seven  thousand  five  hundred  and  thirty-one 
dollars. 

For  clothing,  two  million  fifteen  thousand  eight  hundred  and  eighty- 
four  dollars. 

For  bounties  and  premiums,  five  hundred  and  fifty-seven  thousand 
seven  hundred  and  forty  dollars. 

For  camp  and  field  equipage,  two  hundred  and  seventy  thousand 
dollars. 

For  the  medical  and  hospital  department,  two  hundred  thousand 
dollars. 

For  ordnance  and  ordnance  stores,  nine  hundred  and  twenty-eight 
thousand  dollars. 

For  fortifications,  four  hundred  and  ninety-seven  thousand  dollars. 

For  arsenals,  magazines,  and  armories,  three  hundred  and  fifty-two 
thousand  two  hundred  and  eight  dollars. 

For  the  quartermaster  general's  department,  including  fuel,  straw, 
barrels,  quarters,  tools,  and  all  the  expenses  incident  to  transportation, 
two  million  three  hundred  thousand  dollars. 

For  contingencies,  three  hundred  and  five  thousand  three  hundred 
and  seventeen  dollars. 

For  purchasing  books,  maps,  and  plans,  two  thousand  five  hundred 
dollars. 

For  the  salary  of  the  commissary  general  of  purchases,  three  thousand 
dollars. 

For  the  salary  of  the  clerks  employed  in  the  offices  of  the  adjutant 
genera],  of  the  commissary  generaJ,  and  of  the  quartermaster  general, 
eight  thousand  dollars. 

For  the  purchase  of  books  and  apparatus  for  the  military  academy, 
twelve  thousand  dollars. 

For  the  Indian  department,  one  hundred  and  sixty-four  thousand  five 
hundred  dollars. 

For  the  repayment  of  the  sum  of  five  hundred  and  twenty-seven  dol- 
lars, being  a  balance  due  the  state  of  Maryland,  of  monies  paid  by  that 
state  to  the  United  States,  as  the  purchase  money  of  public  arms,  which 
have  not  been  fully  supplied. 

Sec.  2.  And  be  it  Jurther  enacted^  That  the  several  sums  specifically 
appropriated  by  this  act  shall  be  paid  out  of  any  monies  in  the  treasury 
not  otherwise  appropriated. 

Approved,  March  3,  1813. 


Statute  If. 


Chap.  LVIIL— »tfn  M  making  appropriaiion  for  the  iupport  of  Government  for    March  3, 1813. 
the  year  one  thoueand  eight  hundred  and  thirteen. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United      Specific  ap- 
Slates  of  America  in  Congress  assembled.  That  for  the  expenditure  of  the   ^^^»^\^^ 
civil  list  in  the  present  year,  including  the  contingent  expenses  of  the   ^  ' 

several  departments  and  offices,  for  the  compensation  of  the  several  loan 
officers  and  their  clerks,  and  for  books  and  stationery  for  the  same ;  for 
the  payment  of  annuities  and  ^ants ;  for  the  support  of  the  mint  estab- 
lishment; for  the  expense  of  intercourse  with  foreign  nations;  for  the 
support  of  lighthouses,  beacons,  buoys,  and  public  piers;  for  defraying 
the  expenses  of  surveying  the  public  lands;  and  for  satisfying  certain 
miscellaneous  claims,  the  following  sums  be,  and  the  same  are  hereby 
respectively  appropriated,  that  is  to  say : 

For  compensation  granted  by  law  to  the  members  of  the  Senate  and 


AM  TWELFTH  CONGRESS.    8mm.  U.  Cn.  68.     1818. 

flpaelfie  ip.  House  of  Representatives,  their  officers  and  attendants,  estimated  for  a 
proprUtionfl.  session  of  four  months  and  a  half  continuance,  one  hundred  and  ninetj^ 
six  thousand  two  hundred  and  fifiy-five  dollars. 

For  the  expense  of  firewood,  stationery,  printing,  and  all  other  oontin- 
gent  expenses  of  the  two  houses  of  Congress,  nfty-two  thousand  dol- 
lars. 

For  all  contingent  expenses  of  the  library  of  Congress,  and  for  the 
librarian's  allowance  for  the  year  one  thousand  eight  hundred  and  thirteen, 
eight  hundred  dollars. 

For  compensation  to  the  President  and  Vice  President  of  the  United 
States,  thirty  thousand  dollars. 

For  compensation  to  the  Secretary  of  State,  clerks,  and  persons  em- 
ployed in  that  department,  including  a  deficiency  of  one  thousand  one 
nundred  and  twenty-five  dollars,  in  last  year's  appropriation,  fifkeen  thoo* 
sand  two  hundred  and  fifty-eight  dollars. 

For  compensation  to  a  clerk  on  old  records  in  the  said  department, 
for  the  year  eighteen  hundred  and  thirteen,  one  thousand  one  hundred 
and  fifty  dollars. 

For  compensation  to  a  messenger  to  the  patent  ofiice,  two  hundred 
dollars. 

For  additional  compensation  to  the  clerks  in  the  said  department,  not 

exceeding  fifteen  per  centum,  in  addition  to  the  sum  allowed  by  the  act, 

ai^^'^  h^^  entitled  "An  act  to  regulate  and  fix  the  compensation  of  clerks,  and  to 

SI,  1806,  cb.  41.  juthorije  the  laying  out  certain  public  roads,  and  for  other  purpoeea,*' 

one  thousand  and  seventy-two  dollars  and  fifty-four  cents. 

For  the  incidental  and  contingent  expenses  of  the  said  department, 
one  thousand  five  hundred  dollars. 

For  printing  and  distributing  the  laws  of  the  second  session  of  the 
twelfth  Congress,  and  printing  the  laws  in  newspapers,  including  the 
sum  of  six  thousand  two  hundred  and  eighty-two  dollars,  to  make  good 
a  deficiency  in  the  appropriation  for  this  object  in  the  year  one  thousand 
eight  hundred  and  twelve,  thirteen  thousand  six  hundred  and  twenty-two 
ddlars. 

For  compensation  to  the  Secretary  of  the  Treasury,  clerks,  and  per- 
sons employed  in  his  office,  including  a  deficiency  of  ten  dollars  in  last 
year's  appropriation,  thirteen  thousand  three  hundred  and  nine  dollars 
and  eighty-one  cents. 

For  expense  of  translating  foreign  languages,  allowance  to  the  person 
employed  in  transmitting  passports  and  sea  letters,  and  for  station^  and 
printing  in  the  office  of  the  Secretary  of  the  Treasury,  one  thousand 
dollars. 

For  compensation  to  the  comptroller  of  the  treasury,  clerks,  and  per- 
sons employed  in  his  office,  including  the  sum  of  two  thousand  eight 
hundred  and  eighty-nine  dollars  for  compensation  to  his  clerks,  in  addi- 
2\^\9M  h^^  ^^^  *^  ^^^  '^"^  allowed  by  the  act  of  the  twenty-first  of  April,  one  thoo- 
'  '*  '  '  sand  eight  hundred  and  six,  fifteen  thousand  eight  hundred  and  sixty-six 
dollars. 

For  expense  of  stationery,  printing,  and  incidental  and  contingent  ex- 
penses of  the  comptroller's  office,  eight  hundred  dollars. 

For  compensation  to  the  auditor  of  the  treasury,  clerks,  and  persons 
employed  in  his  office,  twelve  thousand  two  hundred  and  twenty-one 
dollars. 

For  expense  of  stationery,  printing,  and  incidental  and  contingent 
expenses  of  the  auditor's  office,  five  hundred  dollars. 

For  compensation  to  the  treasurer,  clerks,  and  persons  employed  in 
his  office,  including  the  sum  ofone  thousand  dollars,  for  compensation  to 
ai^^M  h^^  ^'  clerks,  in  addition  to  the  sum  allowed  by  the  act  of  the  twenty-firH 
'       *^  '    'of  April,  one  thousand  eight  hundred  and  six,  seven  thousand  two  ban* 


1  eigl 
I  doflj 


dred  and  twenty-seven  dollars  and  forty-five  cents. 


TWELFTH  CONGRESS.    Sm.  II.  Ch.  58.    1618. 

For  expenses  of  stationery,  printing,  and  incidental  and  contingent      Specific  ap. 
expenses  of  the  treasurer's  office,  one  thousand  three  hundred  dollars,      propriatioiis. 

For  compensation  to  the  commissioner  of  the  general  land-office, 
clerks,  and  persons  employed  in  his  office,  including  the  sum  of  five 
hundred  and  eishty-five  dollars  and  twenty-four  cents  for  extra  services 
of  clerks,  and  tor  the  service  of  a  messenger  during  the  year  one  thou- 
sand eiffht  hundred  and  twelve,  ten  thousand  nine  hundred  and  ninety- 
five  dollars. 

For  expense  of  stationery,  printing,  and  incidental  and  contingent 
expenses  of  the  commissionei^s  office,  including  four  hundred  and 
seventy-four  dollars  and  twenty  cents,  to  defray  those  expenses  in  the 
year  one  thousand  eight  hundred  and  twelve,  seven  hundred  and  twenty- 
four  dollars  and  twenty  cents. 

For  the  expense  of  vellum,  and  printing  land  patents,  including  the 
sum  of  fifteen  hundred  and  six  dollars  and  twenty-five  cents  for  defiray- 
ing  the  expense  incurred  for  that  object,  in  the  year  one  thousand  eight 
hundred  and  twelve,  four  thousand  three  hundred  and  six  dollars  and 
twenty-five  cents. 

For  compensation  to  the  register  of  the  treasury,  clerks,  and  persons 
employed  in  his  office,  sixteen  thousand  and  fifly-two  dollars  and  two 
cents. 

For  additional  compensation  to  the  clerks  in  the  treasury  department, 
not  exceeding  fifteen  per  centum,  in  addition  to  the  sum  allowed  by  the 
act,  entitled  "An  act  to  regulate  and  fix  the  compensation  of  clerks,      Act  of  April 
and  to  authorize  the  laying  out  certain  public  roads,  and  for  other  pur-   *^>806,ch.4l. 
poses,"  six  thousand  six  hundred  and  thirty-four  dollars  and  nine  cents. 

For  compensation  to  the  messenger  of  the  register's  office,  for  stam^v 
ing  and  arranging  ships'  registers,  ninety  dollars. 

For  expense  of  stationery,  printing,  and  all  other  incidental  and  con- 
tingent expenses  in  the  register's  office,  including  books  for  the  public 
stocks,  and  for  the  arrangement  of  the  marine  records,  two  thousand 
eiffht  hundred  dollars. 

Tor  fuel  and  other  contingent  and  incidental  expenses  of  the  treasury 
department,  four  thousand  dollars. 

For  the  purchase  of  books,  maps,  and  charts,  for  the  use  of  the  trea- 
sury department,  four  hundred  dollars. 

For  compensation  to  a  superintendent,  employed  to  secure  the  build- 
ings and  records  of  the  treasury  department,  during  the  year  one  thou- 
sand eight  hundred  and  thirteen,  including  the  expense  of  two  watchmen, 
the  repairs  of  two  fire  engines,  buckets,  lanterns,  and  other  incidental 
and  contingent  expenses,  one  thousand  one  hundred  dollars. 

For  defraying  the  expense  of  stating  and  printing  the  public  accounts 
for  the  year  one  thousand  eight  hundred  and  thirteen,  one  thousand  two 
hundred  dollars. 

For  compensation  to  the  secretary  of  the  commissioners  of  the  sink- 
ing fund,  two  hundred  and  fifty  dollars. 

For  compensation  to  the  Secretary  of  War,  clerks,  and  persons  em- 
ployed in  his  office,  including  the  sum  of  three  thousand  nine  hundred 
and  sixty  dollars  for  clerk  hire,  in  addition  to  the  sum  allowed  by  the 
act  of  April  twenty-first,  one  thousand  eight  hundred  and  six,  fifteen      Act  of  April 
thousand  two  hundred  and  ten  dollars.  *^»  1806, ch.  41. 

For  expense  of  fuel,  stationery,  printing,  and  other  contingent  ex- 
penses in  the  office  of  the  Secretary  of  War,  two  thousand  dollars. 

For  compensation  to  the  accountant  of  the  war  department,  clerks, 
and  persons  employed  in  his  office,  including  the  sum  of  five  thousand 
dollars  for  clerk  hire,  in  addition  to  the  sum  allowed  by  the  act  of  the 
twenty-first  of  April,  one  thousand  eight  hundred  and  six,  fifteen  thou-      Act  of  April 
sand  nine  hundred  and  ten  dollars.  ^*'  1806,  ch.  41* 

For  additional  compensation  to  the  clerks  in  the  war  department,  not 
Vol.  11—104 


TWELFTH  CONGRESS.    Sm.  IL  Ch.  5a    ISia 

8^«siAft  tp«  exceeding  fifteen  per  centara,  in  additido  to  the  miiB  dkMved  by  the  let, 
proprittioiif.  entitled  *'An  act  to  regulate  aind  fix  tbe  eompensationr  of  clerks,  and 
Cba^-^i'  ^  authorize  the  laying  out  certain  public  roads,  and  for  other  purposes," 
two  thousand  two  hui^red  and  twenty-six  dollars. 

For  contingent  expenses  in  the  office  of  the  aceoontant  of  the  war 
department,  one  thousand  dollars 

For  compensation  to  the  clerks  employed  in  the  paymaster's  olBoe, 
nine  thousand  and  ninety  dollars. 

For  compensation  to  a  messenger  fw  the  paymaster's  oAoe,  four  hun- 
dred and  ten  dollars. 

For  contingent  expenses  in  the  said  office,  five  hundred  dollars. 

To  Doyle  Sweeny,  for  compensation  for  his  serrices  as  clerk  in  the 
office  of  purveyor  of  public  supplies,  in  the  year  one  thousand  eight  hott' 
dred  and  ten,  one  hundred  and  twenty-five  dollars. 

For  compensation  to  the  Secretary  of  the  Navy,  clerks,  and  persons 

employed  in  his  office,  including  the  sum  of  one  thousand  sit  hundred 

dollar^  clerk  hire,  in  addition  to  the  sum  aHow^  by  the  act  of  the  twentj^ 

Cliap.41.         first  of  April,  one  thousand  eight  hundred  and  six,  eleven  thousand  fo«r 

hundred  and  ten  dollars. 

For  expenses  of  stationery,  fuel,  printkig,  and  other  contingent  ex- 
penses in  the  said  office,  two  thousand  dollars. 

For  compensation  to  the  accountant  of  the  navy,  clerks  and  persons 
employed  in  his  office,  ten  thousand  four  hundred  and  ten  dottars. 

For  contingent  expenses  in  the  office  of  the  accountant  of  the  navy, 
one  thousand  dollarft 

For  additional  compensation  to  the  clerks  in  the  navy  department,  not 

exceeding  fifteen  per  centum  in  addition  to  the  sum  allowed  by  the 

Aet  oT  April   act,  entitled  **  An  act  to  regulate  and  fix  the  compensation  of  clerks,  and 

si,  isos,ch. 41.   to  authorize  the  laying  out  certain  public  roads  and  for  other  purposes," 

one  thousand  nine  hundred  and  thirty-five  ddlars. 

For  compensation  to  the  postmaster  general,  assistant  postmasters 
fieneral,  clerks  and  persons  employed  in  ibe  postmaster  general's  office, 
including  the  sum  of  three  thousand  five  hundred  and  twelve  dollars  for 
compensation  to  clerks,  in  addition  to  the  sum  allowed  by  the  act  of  the 
Cliap.4i.  twenty-first  of  April,  one  thousand  eight  hundred  and  six,  nineteen 
thousand  five  hundred  and  sixty-seven  dollars. 

For  the  expense  of  fuel,  house  rent  for  the  messenger,  candles,  sts- 
tiodery,  chests,  d&c.  incident  to  the  postmaster  general's  office,  two  thou- 
sand eight  hundred  dollars. 

For  additional  compensation  to  the  clerks  employed  in  the  postmaster 

general's  office,  not  exceeding  fifteen  per  centum  in  addition  to  the  sum 

i^tof  April   allowed  by  the  act,  entitled  "An  act  to  regulate  and  fix  the  compensa- 

si,i80S,eh.4i.   ^^^^  ^f  q]^^]^^  |^q^  ^  authorize  the  laying  oiit  certain  public  roads,  and 

for  other  purposes,"  one  thousand  four  hundred  and  one  dollars  and 

seventy-five  cenH. 

For  compensation  to  the  several  loan  officers,  thirteen  thousand  two 
hundred  and  fifty  doDars. 

For  coinpensation  to  the  clerks  of  the  commissioners  of  loans,  includ- 
ing a  sum  of  two  thousand  dollars  in  addition  to  the  amount  horetofere 
al&wed  by  law,  and  for  allowance  to  certain  loan  officers,  in  lieu  of 
clerk  hire,  and  to  defl>ay  the  authorized  expense  of  the  several  loan 
offices,  seventeen  thousand  dollars. 

For  compensation  to  the  surveyor  general,  and  his  clerks,  three  thou- 
sand two  hundred  dollars. 

For  compensation  to  the  surveyor  of  the  lands  south  of  Tennessee, 
dteks  employed  in  his  office,  and  for  stationery  and  other  contingencies, 
ihclading  {he  sum  of  one  thousand  five  hundred  dollars  for  clerk  hire  in 
addition  to  the  sums  heretofore  appropriated  for  that  object,  four  thoo- 
sand  seven  hundred  dollars. 


TWELFTH  CONGRESS.    Sem.  U.  Ch.  58.    16ia  07 

For  compensation  to  the  officers  of  the  mint,  viz :  SpeeUte  ap- 

Tbe  director,  two  thousand  dollars.  propritti«». 

The  treasurer,  one  thousand  two  hundred  dollars. 

The  assayer,  one  thousand  five  hundred  dollars. 

The  chief  coiner,  one  thousand  five  hundred  dollars. 

The  melter  and  refiner,  one  thousand  five  hundred  dollars. 

The  engraver,  one  thousand  two  hundred  dollars. 

One  clerk,  at  seven  hundred  dollus,  and 

One  clerk,  at  five  hundred  dollars. 

For  wages  to  the  persons  employed  in  melting,  coining,  carpenteri^, 
miUwrights',  and  smiths'  work,  including  the  sum  of  one  thousand  dol- 
lars allowed  to  an  assistant  coiner  and  die  forger,  who  also  oversees  the 
execution  of  the  iron  work,  and  of  six  hundred  dollars  allowed  to  an 
assistant  engraver,  eight  thousand  five  hundred  dollars. 

For  repairs  of  furnaces,  cost  of  rollers  and  screws,  timber,  bar  iron, 
lead,  steel,  potash,  and  for  all  other  contingencies  of  the  mint,  five  thou- 
sand three  hundred  and  fi>ur  doUars  and  sixty-two  cents. 

For  an  allowance  for  wastage  in  the  gold  and  silver  coinage,  three 
thousand  dollars. 

For  compensation  to  the  governor,  judges,  and  secretary  of  the  Mis- 
sissippi territory,  nine  thousand  dollars. 

For  expense  of  stationery,  office  rent,  and  other  contingent  expenses 
of  said  territory,  three  hundred  and  fifty  dollars. 

For  compensation  to  the  governor,  judges,  and  secretary  of  the  Indiana 
territory,  six  thousand  six  hundred  dollars. 

For  expenses  of  stationery,  office  rent,  and  other  contingent  expenses 
of  said  territory,  three  hundred  and  fifty  dollars. 

For  compensation  to  the  governor,  judges,  and  secretary  of  the  Michi- 
gan territory,  six  thousand  six  hundred  dollars. 

For  expense  of  stationery,  office  rent,  and  other  contingent  expenses 
of  said  territory,  three  hundred  and  fifty  dollars. 

For  compensation  to  the  governor,  judges,  and  secretary  of  the  Mis- 
souri territory,  six  thousand  six  hundred  dollars. 

For  expense  of  stationery,  office  rent,  and  other  contingent  expenses 
of  said  territory,  three  hundred  and  fifty  ddlars. 

For  compensation  to  the  governor,  judges,  and  secretary  of  the  Illinois 
territory,  six  thousand  six  hundred  dollars. 

For  expense  of  stationery,  office  rent,  and  other  contingent  expenses 
of  said  territory,  three  hundred  and  fifty  dollars. 

For  the  discharge  of  such  demands  against  the  United  States,  on  ac- 
count of  the  civil  department,  not  otherwise  provided  for,  as  shall  have 
been  admitted  in  due  course  of  settlement  at  the  treasury,  two  thousand 
dollars. 

For  compensation  granted  by  law  to  the  chief  justice,  the  associate 
judges,  and  district  judges  of  the  United  States,  including  the  chief  jus- 
tice and  two  associate  judges  of  the  District  of  Columbia,  and  to  the 
attorney-general,  including  the  sum  of  nine  hundred  and  fifty-three  dol- 
lars and  eighty-four  cents,  for  the  salary  of  the  additional  district  judge 
of  the  state  of  New  York,  for  the  year  eighteen  hundred  and  twelve, 
and  a  further  sum  of  one  thousand  four  hundred  and  fifty  dollars,  to 
make  good  a  deficiency  in  the  appropriation  for  the  year  eighteen  hun- 
dred and  twelve,  for  the  compensation  of  the  attorney-general,  and  of 
the  district  judge  of  Louisiana,  sixty-five  thousand  four  hundred  and 
three  dollars  and  eighty-four  cents. 

For  the  like  compensation  granted  to  the  several  district  attornies  of 
the  United  States,  three  thousand  four  hundred  dollars. 

For  compensation  granted  to  the  several  marshals  for  the  districts  of 
Maine,  New  Hampshire,  Vermont,  New  Jersey,  North  Carolina,  Ken- 


TWELFTH  CONGRESS.    Sess.  U.  Ch.  68.    1818. 

Speeifle  ip.  tacky,  Ohio,  East  and  West  Tennessee,  and  Lonisiana,  two  thousand 
pfopriationa.        ^^^  hundred  dollars. 

For  defraying  the  expenses  of  the  supreme,  circuit,  and  district  courts 
of  the  United  States,  including  the  District  of  Columhia,  and  of  jurors 
and  witnesses,  in  aid  of  the  funds  arising  from  fines,  forfeitures,  and 
penalties,  and  for  defraying  the  expenses  of  prosecutions  for  offences 
against  the  United  States,  and  for  the  safe  keeping  of -prisoners,  forty 
thousand  dollars. 

For  the  payment  of  sundry  pensions  granted  by  the  late  and  present 
go?emtnent,  eight  hundred  and  sixty  dollars. 

For  the  payment  of  the  annual  allowance  to  the  invalid  pensioners  of 
the  United  States  fi-om  the  fifUi  of  March,  one  thousand  eight  hundred 
and  thirteen,  to  the  fourth  of  March,  one  thousand  eight  hundred  and 
fourteen,  ninety-eight  thousand  dollars. 

For  expenses  incident  to  the  receiving  the  subscriptions  to  the  loan 
of  eleven  millions  of  dollars,  authorized  by  the  act  of  the  [fourteenth]  of 
March,  one  thousand  eight  hundred  and  twelve,  two  thousand  dollars  in 
addition  to  the  sum  already  for  that  purpose  appropriated. 

For  the  maintenance  and  support  of  lighthouses,  beacons,  buoys  and 
public  piers,  stakeages  of  channels,  bars  and  shoals,  and  certain  contin- 

fent  expenses  including  twenty-four  thousand  dollars  for  completing  the 
tting  up  of  all  the  lighthouses  with  Winslow  Lewis's  improvements, 
ninety-nine  thousand  three  hundred  and  forty-nine  dollars  and  fifleeD 
cents. 

For  erecting  lighthouses  at  the  mouth  of  the  Mississippi  river,  and  at 
or  near  the  pitch  of  Cape  Lookout  in  North  Carolina ;  being  the  balance 
of  a  former  appropriation  carried  to  the  surplus  fund,  thirty-four  thousand 
nine  hundred  and  ninety-five  dollars  and  fifty  cents. 

For  building  a  lighthouse  at  Nawshawn  island,  near  Tarpaulin  Cove 
in  Massachusetts,  being  the  amount  of  a  former  appropriation  carried  to 
the  surplus  fund,  two  thousand  four  hundred  and  seventy-five  dollars. 

For  erecting  a  beacon,  and  placing  buoys  near  the  entrance  of  Savannah 

1798  ch.  78.   fiver,  being  an  expense  incurred  under  the  act  of  the  sixteenth  of  July 

one  thousand  seven  hundred  and  ninety-eight,  carried  to  the  surf^us 

fund,  two  thousand  four  hundred  and  ninety-four  dollars  and  eighty-nine 

cents. 

For  erecting  two  lights  on  Lake  Erie,  viz.  on  or  near  Bird  Island, 
and  on  or  near  Presque  Isle,  being  the  balance  of  a  former  appropriation 
carried  to  the  surplus  fund,  one  thousand  five  hundred  and  ninety  dollars. 

For  placing  buoys  and  beacons  at  or  near  the  entrance  of  the  harbor 
of  Beverly  in  Massachusetts,  being  the  balance  of  a  former  appropriation 
carried  into  the  surplus  fund,  three  hundred  and  forty-one  dollars  and 
ninety-five  cents. 

For  rebuilding  the  Baldhead  lighthouse  in  North  Carolina,  fifteen 
thousand  dollars. 

For  placing  a  buoy  at  the  entrance  of  Barnstable  harbor,  one  hundred 
dollars. 

For  the  support  of  sick  and  disabled  seamen  in  addition  to  the  fiinds 
already  appropriated  by  law,  twenty  thousand  dollars. 

For  defraying  the  expense  of  surveying  the  public  land  within  the 
several  territories  of  the  United  States,  sixty-one  thousand  two  hundred 
and  sixty  dollars. 

For  the  payment  of  a  claim  for  taking  the  second  census  or  enume- 
ration of  the  inhabitants  of  the  United  States,  the  sum  appropriated  for 
that  object  having  been  heretofore  carried  to  the  surplus  fund,  two  hun- 
dred and  seventy-seven  dollars  and  twelve  cents. 

For  the  support  and  safe  keeping  of  prisoners  of  war,  one  hundred 
and  fifty  thousand  dollars. 

For  bringing  the  votes  for  President  and  Vice  President  of  the  United 


TWELFTH  GONGRES8.    Sbss.  II.  Cb.  60,  61.     1818. 


States  to  the  seat  of  goTernment  ooe  thousand  nine  hundred  and  eleven 
dollars  and  fifty  cents. 

For  paying  the  bounties  which  may  become  payable  to  the  owners  of 
private  armed  vessels,  in  conformity  with  the  ninth  section  of  the  act  of 
the  twenty-sixth  of  June,  one  thousand  eight  hundred  and  twelve,  ten 
thousand  dollars. 

For  making  the  road  from  Cumberland  in  the  state  of  Maryland,  to 
the  state  of  Ohio,  to  be  repaid  out  of  the  five  per  cent  fund  reserved  for 
that  purpose,  one  hundred  and  forty  thousand  dollars. 

For  pensions  to  the  widows  or  children  of  officers  and  soldiers  killed 
in  the  campaign  of  one  thousand  eight  hundred  and  eleven,  on  the 
Wabash,  from  the  seventh  of  Novem^r,  one  thousand  eight  hundred 
and  eleven,  to  the  thirty-first  of  December,  one  thousand  eight  hundred 
and  thirteen,  five  thousand  five  hundred  and  seventeen  dollars  and 
twenty-seven  cents. 

For  expenses  of  intercourse  with  foreign  nations,  thirty-five  thousand 
four  hundred  dollars. 

For  the  contingent  expenses  of  intercourse  with  foreign  nations,  fifty 
thousand  dollars. 

For  expenses  of  intercourse  with  the  Barbary  powers,  fifty  thousand 
dollars. 

For  the  relief  and  protection  of  distressed  American  seamen,  fifteen 
thousand  dollars. 

For  expenses  of  prosecuting  claims  and  appeals  in  the  courts  of  France 
and  Denmark,  in  relation  to  captures  of  American  vessels,  and  defending 
causes  elsewhere,  four  thousand  dollars. 

For  the  discharge  of  such  miscellaneous  claims  against  the  United 
States  not  otherwise  provided  for,  as  shall  have  been  admitted  in  due 
course  of  settlement  at  the  treasury,  four  thousand  dollars. 

Sec.  2.  And  be  it  further  enacted,  That  the  several  appropriations 
herein  before  made,  shall  be  paid  and  discharged  out  of  the  fund  of  six 
hundred  thousand  dollars,  reserved  by  an  act  making  provision  for  the 
debt  of  the  United  States,  and  out  of  any  monies  in  tbe  treasury  not 
otherwise  appropriated. 

Afproyed,  March  3,  1813. 


Chap.  LX.— .tfn  Jet  alieritig  the  time  for  holding  the  Diitrict  Cburt  in  the 
Dietriet  of  Maine. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,Th9t  the  session  of  the  district 
court  for  the  district  of  Maine,  by  law  appointed  to  be  holden  at  Wis- 
casset  on  the  first  Tuesday  in  March,  shall,  from  and  after  the  first  day 
of  April  next,  be  holden  at  Wiscasset  on  the  last  Tuesday  of  February 
annually,  any  law  to  the  contrary  notwithstanding. 

Approved,  March  3,  1813. 


Specific  ap. 
propriationf. 

Act  of  June  S6, 
181S,  eh.  107. 

Act  of  April 
30,180S,ch.40. 


Act  of  Aogntt 
4,  1790,  eh.  34. 


Statute  IT. 
Mftrch3,18]3. 

DUtriet  Court 
of  Maine. 

Act  of  NoTem- 
ber  88,  1811, 
eh.  3. 


Statutx  II. 

Chap.  LXI Jin  Jlet  vesting  in  the  Pretident  of  the  United  States  the  power    March  3, 1813. 

if  retoHaiion.  

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United     The  Prendent 
States  of  America  in  Congress  assembled.  That  in  aU  and  every  case,   ^{tion^'to  be 
wherein,  during  the  present  war  between  the  United  States  of  America  made, 
and  the  United  Kingdom  of  Great  Britain  and  Ireland,  any  violations  of 
the  laws  and  usages  of  war,  among  civilized  nations,  shall  be  or  have 
been  done  and  perpetrated  by  those  acting  under  authority  of  the  British 
government,  on  any  of  the  citizens  of  the  United  States  or  persons  in 
the  land  or  naval  service  of  the  United  States,  the  President  of  the 

4  A 


TWELFTH  CONGRESS.    Sess.  II.  Rbsolutions.     1818. 

United  States  is  hereby  authorized  to  cause  full  and  ample  jretaliation 
to  be  made,  according  to  the  laws  and  usages  of  war  among  civilized 
nations,  for  all  and  every  such  violation  as  ti£>resaid. 
PTMident  may       Sec.  2.  And  be  it  fitrther  enacted^  That  in  all  cases  where  any  out- 
Sc^ritish'for   ''*8?  ®'  *<^*  of  cruelty  or  barbarity  shall  be  or  has  been  practised  by  any 
injurimdoneby   Indian  or  Indians,  in  aUiance  with  the  British  government,  or  in  con- 
tlM  IndUm.        nezion  with  those  acting  under  the  authority  of  the  said  government,  on 
citizens  of  the  United  States  or  those  under  its  protection,  the  President 
of  the  United  States  is  hereby  authorized  to  cause  full  and  ample  retap 
liation  te  be  done  and  executed  on  such  British  subjects,  soldiers,  sea- 
men or  marines,  or  Indians,  in  alliance  or  connexion  with  Qreat  Britain, 
being  prisoners  of  war,  as  if  the  same  outrage  or  act  of  cruelty  or  bar- 
barity had  been  done  under  the  authority  of  the  British  government 
Approved,  March  3,  1813. 


RESOLUTIONS. 

Jao.  S9, 1813.     L  Resolution  relative  to  the  brilUant  aehtevemente  of  Oaptetfu  Hisll^  Deealurf 
'  Jon€9t  and  Lieutenant  ElKoU* 


Brilliant  ResoIved  by  the  Senate  and  House  of  Representatives  of  the  United 

achieyemenu  of  States  of  America  in  Congress  assemokd,  That  the  President  of  the 

D^c!!tar'  Jonei'   ^^^^^  States  be,  and  he  is  hereby  requested  to  present  to  Captain  Hull 

and^Lieotenaot  of  the  frigate  Constitution,  Captain  Decatur  of  the  frigate  United  Sutes, 

Elliott.  and  Captain  Jones  of  the  sloop  of  war  Wasp,  each  a  ^Id  medal,  with 

suitable  emblems  and  devices ;  and  a  silver  medal,  with  like  emblems 

and  devices,  to  each  commissioned  officer  of  the  aforesaid  vessels,  in 

testimony  of  the  high  sense  entertained  by  Congress  of  the  gallantry, 

good  conduct,  and  services  of  the  captains,  officers,  and  crews  of  the 

aforesaid  vessels  in  their  respective  conflicts  with  the  British  frigates  the 

Querriere  and  the  Macedonian,  and  sloop  of  war  Frolic :  and  the  President 

is  also  requested  to  present  a  silver  medal,  with  like  emblems  and  devices, 

to  the  nearest  male  relative  of  Lieutenant  Bush,  and  one  to  the  nearest 

male  relative  of  Lieutenant  Funk,  in  testimony  of  the  gallantry  an<l 

merit  of  those  deceased  officers,  in  whom  their  country  has  sustained  a 

loss  much  to  be  regretted. 

Sec.  2.  And  be  it  further  resolved^  That  the  President  of  the  United 
States  be,  and  he  hereby  is  requested  to  present  to  Lieutenant  Elliott  of 
the  navy  of  the  United  States,  an  elegant  sword,  with  suitable  emblems 
and  devices,  in  testimony  of  the  just  sense  entertained  by  Congress  of 
his  gallantry  and  good  conduct  in  boarding  and  capturing  the  British 
brigs  Detroit  and  Caledonia,  while  anchor^  under  the  protection  of 
Fort  Erie. 

Approved,  January  29,  1813. 


March  3, 1818.     U.  RcsoLimoN  renueating  the  Pretident  cf  the  United  State»  to  eauae  to  be  prepared 
and  laid  before  Qmgrese  a  ayttem  tf  Military  DitdpHne, 

A  sTitem  of  Resohed  by  the  Senate  and  House  of  Representatives  of  the  United 
Sramy  Md  ^''^^  ^f  -^««^'ca  in  Congress  assembled,  That  the  President  of  the 
militia  to  be  United  States  be,  and  he  is  hereby  requested  to  cause  to  be  prepared 
and  laid  before  Congress,  as  soon  as  practicable,  a  military  system  of  dis* 
cipline  for  the  infantry  of  the  army  and  militia  of  the  Uniti^l  States. 
Approved,  March  3,  1813. 


TWELFTH  CONGRESS.    Sbss.  II.  Rbsolutionb.    1818.  681 


III.  Rksolution  requeaiing  the  PruiderU  cf  the  United  8tate$  to  present  medali  to    March  3, 1813. 
Oaptotn  Wilham  Batnbridge  and  the  qffieen  cf  the  frigate  Constitution,  

Resolved  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  President  of  the      A  gold  medal 
United  Sutes  be,  and  he  is  hereby  requested  to  present  to  GapUin  Wil-  ^ii^Jm^Mn! 
liam  Bainbridge,  of  the  frigate  Constitution,  a  gold  medal,  with  suitable  bridge, 
emblems  and  devices,  and  a  silver  medal,  with  suitable  emblems  and 
devices,  to  each  commissioned  officer  of  the  said  frigate,  in  testimony  of 
the  high  sense  entertained  by  Congress  of  the  gallantry,  good  conduct 
and  services  of  Captain  Bainbridge,  his  officers  and  crew,  in  the  capture 
of  the  British  frigate  Java,  after  a  brave  and  skilful  combat. 

Approted,  March  3, 1813. 


INDEX 


MATTERS  IN  VOLUME  11. 


Jkh  ofSiaU  LegUUfhnrti. 

Antiienticatioii     of  acte   of   State    kgida- 

tam, 298 

Admubn  of  Feuelifrom  beyond  tht  Cape  of  Good 
Hope, 

Goods  imported  into  ihe  United  States  finom 
British  ports  which  hate  given  hond  for 
their  hdng  landed  in  the  United  States,  ex- 
empted fimn  fine  and  for&itare,  -        -  794 
j^gUUmte. 

Commissbners  to  be  appointed  by  the  Coorto 

of  the  United  States  to  take  afBdaiits,    660 

AUxandria, 

An  act  to  amend  the  diarter  of  Alexandria, 

365 

Bank  of  Alexandria,     -        -        -        -  621 
Men  Enemiee, 

Supplement  to  the  aet  respecting  alien  ene- 
mies, July  6,  1813,  .        .        .        -781 
Jilienss — See  NcUuralization, 
jSpportiomnetU  of  Repreientativee  in  Congren. 

Apportionment  of  the  lepresentatiTes  in  Con- 
gress according  to  the  third  census,  Decem- 
ber 21,  1811,   669 

JfypfOpfuUiowtm 

Appropriations  for  the  support  of  goTemment 
for  the  year  1800,     ....    62 

Appropriations  for  the  military  establishment 
in  the  year  1800,      -        -        -        .66 

Appropriations  for  the  navy  of  the  United 
States  during  the  year  1800,      -        -    79 

Appropriation  for  expenses  of  Indian  tree, 
ties,         ......    82 

Appropriations  for  payment  of  a  detachment  of 
militia  under  Major  Thomas  Johnson,  -    82 

An  act  to  authorize  certain  expenditures  and 
to  make  certain  appropriations  for  the  year 
1800, 83 

Appropriations  for  the  military  establishment 
of  the  United  States  for  the  year  1801,  108 

Appropriations  for  the  support  of  government 
in  1801, 117 

Appropriations  for  the  navy  of  the  United 
States  for  the  year  1801,  •        -        -  122 

An  act  making  partial  appropriations  for  the 
year  1802, 131 

Appropriation  for  defraying  the  expenses  of  a 
negotiation  with  the  Britiah  government,  to 

Voi,.  n.— 105 


JppropriatvmM, 

ascertain  the  boundary  line  between  the 
United  States  and  Upper  Canada,       .  148 

Appropriations  for  defraying  the  expenses 
which  nuLj  arise  fit>m  carrying  into  efiect 
the  convention  between  the  United  States 
and  the  French  republic    ...  148 

Appropriations  for  the  support  of  the  navy  for 
the  year  1802,  -        -        -        -  178 

Appropriations  for  the  military  establishment 
for  the  year  1802,    -        -        .        .188 

Appropriations  for  the  support  of  govenmient 
for  the  year  1802,     .        -        -        -184 

Appropriation  for  carrying  into  effect  the  con- 
vention between  the  United  States  and  his 
Britannic  majesty,     ....  192 

Partial  appropriations  for  the  naval  service  of 
the  year  1608,  -        -        -        -  199 

Appropriation  for  extending  the  commerce  of 
the  United  States,     .        -        -        .206 

Appropriations  for  the  support  of  the  navy  of 
the  United  States  for  the  year  1803.  -  208 

An  act  making  appropriations  for  the  support 
of  government  for  the  year  1803,       .  210 

Appropriations  for  the  inilitary  establiahment 
of  the  United  States  for  the  year  1803,  227 

Appropriation  to  carry  into  eflbct  the  treaty  of 
ami^,  commerce,  and  navigation  between 
the  United  States  and  Great  Britain,  No- 
vember 10,  1803,       ...  348 

Appropriations  for  the  navy  of  the  United 
States  for  1804,        .        -        -        -  249 

Appropriations  for  the  support  of  the  military 
establishment  of  the  United  States  for  the 
year  1804, 249 

Appropriations  for  the  support  of  government 
for  the  year  1804,     -        .        .        -  264 

Appropriation  for  carrying  into  effect  the  treaty 
between  the  United  States  and  the  King  of 
Spain  of  Uth  August,  1802,      -        .  270 

Appropriation  for  the  expenses  of  inquiring 
into  the  official  conduct  of  Samuel  Chase 
and  Richard  Peteri,  and  defraying  the  ex- 
penses  of  the  impeachment  of  John  Picker- 
ing,          273 

Appropriations  for  the  extinguishment  of  the 
Indian  claims,  March  26,  1804  .        -  291 

Further  appropriation  to  carry  into  efiect  the 
4  A  2  833 


884 


INDEX. 


jippropriaHoni. 

txesty  of  amity,  commerce,  and  navigation 
between  his  Britannic  majesty  and  the 
United  States,  November  24,  1804,     -  307 

Appropriation  to  supply  a  deficiency  in  the 
appropriation  for  the  support  of  government 
for  1804, 307 

Appropriations  for  the  support  of  the  navy  in 
1805, 310 

Appropriation  for  completing  the  south  wing, 
of  the  capitol, 311 

Appropriations  for  the  support  of  the  militaiy 
establishment  for  the  year  1805,         -  315 

Appropriations  for  the  suf^rt  of  government 
for  the  year  1805,    -        -        -        -  316 

Appropriations  for  carrying  into  effect  certain 
Indian  treaties,  and  for  other  purposes  of 
Indian  trade  and  intercourse,      -        -  3~~ 

Additional  appropriation  for  the  naval  servj 
during  the  year  1605,        ...  348 

Further  appropriations  for  the  support  of  a 
library, 350 

Appropriations  for  the  support  of  government 
for  the  year  1806,     -        -        -        -  384 

Appropriation  for  the  support  of  the  navy  for 
the  year  1806,  -        -        -        -  398 

Further  appropriation  towards  completing  the 
capitol  at  Washmgton,      -        -        -  399 

Appropriations  for  carrying  into  eflect  certain 
Indian  treaties,  April  31,  1806,  -        -  407 

Appropriations  for  the  support  of  the  navy  for 
the  year  1807,  -        -        -        -411 

Appropriations  for  the  support  of  the  military 
establishment  ....   408,412 

Appropriation  for  finishing  the  south  wing  of 
the  capito], 432 

Appropriations  for  the  support  of  government 
during  the  year  1807,        ...  432 

Appropriation  for  carrying  into  effect  a  treaty 
with  the  Chickasaw  tribe  of  Indians,  March 
3,  1807, 440 

Appropriation  for  fortifymg  the  ports  and  har- 
bours of  the  United  States,        -        -  443 

Appropriations  for  carrying  into  efiect  treaties 
with  the  Cherokees  and  Piankeshaw  tribes  of 
Indians,  March  3,  1807,    -        -        -  443 

Further  appropriations  for  the  support  of  go- 
vernment for  the  year  1807,       -        -  450 

Appropriations  for  the  support  of  government 
for  the  year  1808,     -        -        -        -  462 

Appropriations  for  the  support  of  the  navy  of 
the  United  States,     -        -        -        -  466 

Appropriations  to  carry  into  effect  certain  In- 
dian treaties,    .        .        -        -         .  467 

Appropriations  for  the  support  of  the  military 
establishment  for  the  year  1808,  -  470 

Appropriation  for  the  expenses  of  laying  a 
direct  tax  on  lands,  dwelling-houses,  and 
stores, 491 

Appropriations  for  the  support  of  the  military 
force,  for  the  year  1808,    -        •        .  497 

The  Secretary  of  the  Treasury  authorized  to 
pay  to  the  comptroller  in  trust  certain  bills 
of  exchange  drawn  by  John  Armstrong, 
minister  to  France,   .        -        -        .  498 

Appropriation  for  a  deficit  in  the  appropriation 
for  completing  the  public  buildinga,     *  499 


jSppropricUionM* 

Appropriations  ibr  the  support  of  government 
for  the  year  1809,     -        -        -        -  620 

Appropriation  for  completing  the  two  wings 
of  the  capitol  at  the  city  of  Washington,  537 

Appropriations  for  the  support  of  the  military 
and  naval  establishments  of  the  United  States 
for  tiie  year  1809,     -        -        -        -  546 

Appropriations  to  complete  fortification^  June 
14,  1809, 547 

Appropriation  to  finish  and  fiuniflh  the  Se- 
nate chamber,  -        -        -        .        .  552 

Appropriation  for  defivying  the  contingent 
expenses  of  Congresi^       ...  652 

Appropriations  for  the  support  of  government . 
during  the  year  1810,        ...  557 

Appropriations  for  the  support  of  the  navy  of 
the  United  Sutes  for  the  year  1810,  -  562 

Appropriations  for  the  support  of  the  military 
establishment  for  the  year  1810,         -  663 

Additional  appropriation  for  the  rriief  and 
protection  of  distressed  seamen,  during  the 
year  1810,       ...*.-  614 

Appropriations  for  the  military  establishment 
of  Uie  United  States  for  tiie  year  1811,  615 

Appropriations  for  the  support  of  the  navy  of 
the  United  States  for  the  year  181 1,      616 

Appropriations  for  the  support  of  government 
in  Uie  year  1811,  February  20, 1811,     648 

Appropriation  for  carrying  into  efiect  certain 
Indian  treaties,  March  3, 1811,  -        -  660 

Appropriations  to  complete  the  fortifications 
commenced  for  the  security  of  the  pofts  and 
harbours  of  tiie  United  Sutes,  -        -  661 

Appropriations  for  the  support  of  the  military 
establishment  of  tiie  United  States  for  tfao 
year  1812, 682 

Appropriations  for  the  support  of  an  additional 
military  force,  .        -        -        .        •  683 

Appropriations  for  the  navy  of  the  United 
States  for  tiie  year  1812,  -        -        -  684 

Appropriations  for  the  support  of  government 
for  tiie  year  1812,     ....  686 

Further  appropriations  for  the  defence  of  the 
maritime  fi'ontier,      ....  692 

Appropriations  for  construction  and  repaiia  of 
tiie  capitol  and  Prendent's  house,  compen- 
sation of  the  late  surveyor  of  public  build- 
ings, and  for  furniture  of  tiie  different 
apartments  of  the  capitol, ...  775 

Appropriations  for  the  defence  of  the  maritimo 
frontier,  and  for  the  support  of  the  navy  of 
tiie  United  States,  July  5,  1812,         -  776 

Additional  appropriations  Ibr  the  inilitary  estfr- 
blishment,  and  for  the  Indian  depairtmeut 
for  tiie  year  1812,     -        -        -        -  781 

Appropriation  for  the  expenses  of  the  militia, 

787 

Partial  appropriations  for  the  year,  1818,  791 

Appropriations  for  the  navy  of  the  United 
States  for  tiie  year  1813,   -        -        -  821 

Appropriations  for  alterations  and  lepain  of 
the  capitol,  March  3,  1813,         -        -  822 

Appropriations  for  the  support  of  the  military 
establishment,  and  of  tiie  volunteer  militia 
in  the  actual  service  of  tiie  United  Stales 
for  the  year  1818,     ....  822 


INDEX. 


885 


ApproprUtions  for  the  support  of  government 
for  the  year  1818,  March  8,  1818,      -  8*^ 

Arms  and  MUUary  Stores. 

Additional  arms,  saltpetre,  and  sulphur  to  be 
purchased,  (obsolete,)  March  11, 1808,  473 

The  sale  of  public  arms  authorised,  (obso- 
lete,)        481 

Army  of  tfu  United  States. 

An  act  to  suspend  in  part  an  act  to  augment 
the  army  of  the  United  States,  February :  ' 
1800,  (obsolete,)       ....      7 

An  act  supplementary  to  the  act  entitled  **  An 
act  to  augment  the  urmy  of  the  United 
States,  and  for  other  purposes,"  May  1 3, 1 800, 
(obsolete,) 85 

Further  appointments  may  be  suspended  and 
officers  and  men  may  be  dismissed.  Three 
months  pay  allowed,  -        •        -    86 

An  act  fixing  the  military  peace  establishment 
of  the  United  States,  March  16,  1802,  132 

Notes  of  the  acts  relating  to  the  army  of  the 
United  States,  from  1789  to  1804,      -  249 

An  act  for  establishing  rules  and  articles  for  the 
goTernment  of  the  army  ot*  the  United 
States,  AprU  10,  1806,      -        -        -  359 

Notes  of  the  acts  establishing  rules,  &C.,  for 
the  government  of  the  army,     -        -  859 

An  act  to  raise  for  a  limited  time  an  addi- 
tional military  force,  (obsolete,)  April  12, 
1808, 481 

The  recruiting  service  suspended  for  a  limited 
time, 552 

Appropriationa  for  the  expenses  incident  to 
the  six  companies  of  mounted  rangers  dur- 
ing the  year  1812,    -        -        -        -  678 

An  act  to  raise  an  additional  military  force, 
(obsolete,)  March  17,  1812,       -        -  695 

Additional  military  force  authorized,  (obsolete,) 
April  8,  1812, 704 

An  act  for  organizing  a  corps  of  artificers,  April 
23,  1812, 710 

An  act  making  further  provision  for  the  corps 
of  engineers,    ....        -  720 

An  act  for  the  better  regulation  of  the  ord- 
nance. May  14,  1812,       -        -        -  732 

An  act  for  tiie  more  perfect  organization  of 
the  army  of  the  United  States,  June  26, 
1812, 764 

The  President  authorized  to  raise  an  additional 
company  of  rangers,  April  29,  1812  -  '774 

An  act  making  further  provision  for  the  army 
of  the  United  States,  and  for  other  purposes, 
(obsolete,)  July  6,  1812,  .        -        -  784 

The  President  authorized  to  accept  and  orga- 
nize certain  volunteer  corps,  July  6,  1812, 
(repealed,) 785 

Pay  of  non-commissioned  officers,  musicians, 
privates,  and  others,  increased,   -        -  788 

Supplement  to  the  «  Act  for  the  more  perfect 
organization  of  the  artny  of  the  United 
States,"  January  20,  1813,  (obsolete,)  701 

See  MUUarif  Peace  Establishment — Ordnance 
'-^Quarttrmaster-general  -^Pensioners — Vo- 
hmUeers-^-jSrms  and  Military  Stores — ^ne- 
nals  and  Mof^azinet, 


JSrmy  of  the  United  States. 

An  act  in  addition  to  the  act  to  raise  an  addi- 
tional military  forte,  January  29, 1813,  (ob- 
solete,)     794 

Additional  regiments  to  be  raised,  -        -  794 

Organization  and  discipline,  ...  795 

Provision  for  an  additional  number  of  general 
officers,  February  24,  1818,       -        -  801 

An  act  to  raise  ten  additional  companies  of 
rangers,  February  25,  1813,       -        -  804 

An  act  the  better  to  provide  for  the  support  of 
the  army  of  the  United  States,  and  for  the 
accountability  of  persons  intrusted  with  the 
same,  March  3, 1813,        ...  816 

Superintendantpgeneral  to  be  appointed,  -  816 

Commissary-general  of  purchases,  -        -  816 

An  act  for  the  better  organization  of  the  ge- 
neral staff  of  die  amqy,  March  3, 1813,  819 

Resolution  requesting  the  President  of  the 
United  States  to  cause  to  bo  prepared  and 
laid  before  Congress  a  system  of  military 

discipline, 830 

Arsenals  and  Magazines. 

An  act  for  the  regulation  of  arsenals  and  ma- 
gazines, March  7,  1800,    ...    61 

Penalty  for  enticing  away  persons  employed 
by  tlie  public  in  arsenabi  or  magazines,  -    62 

Persons  so  employed  exempted  from  militia 
duty  and  serving  on  juries,         -        -    62 

An  act  directing  a  detachment  from  the  mili- 
tia, and  for  erecting  certain  arsenals,  March 
3,  1808,  (repealed,)  -  -  -  -  241 
Arts  and  Mamtfactures. 

The  information  relative  to  arts  and  manufec- 
tures,  obtained  by  the  marshals  and  others, 
under  the  census  act.  May  1,  1800,  to  be 
digested,  ------  786 

Assent  of  Congress  to  Acts  of  the  Legislatures  of 
States. 

Assent  to  acts  of  Maryland  and  Georgia,      18 

Assent  of  Congress  to  an  act  of  the  State  of 
Maryland  for  the  appomtment  of  a  health 
officer,  February,  27,  1801,        -        -  103 

Assent  of  Congress  to  an  act  of  the  State  of 
Virginia  for  improving  the  navigation  of 
Appomatox  river,      -        -        -        -  152 

Assent  of  Congress  to  the  act  of  Virginia  for 
improving  the  navigation  of  James  river, 

269 

Assent  of  Congress  to  the  act  of  Maryland  for 
the  appointment  of  a  health  officer,    -  316 

Assent  of  Congress  to  an  act  of  Pennsylvania 
to  empower  the  board  of  wardens  of  the 
port  of  Philadelphia,  to  collect  a  duty,  to 
build  piers,  and  improve  the  navigation  of 
the  river  Delaware,  -        -        -        -  353 

Assent  of  Congress  to  an  act  of  the  State  of 
South  Carolina,  authorizing  the  ci^  of 
Charleston  to  impose  and  collect  a  duty  on 
tonnage,  ------  857 

Act  declaring  the  assent  of  Congress  to  certain 
acts  of  Maryland  and  Greorgia  revived,  and 
continued  in  force  to  March  8,  1814,  (ox- 
plred,) 484 

The  act  dodaring  the  assent  of  Congress  to 
the  act  of  South  Carolina  of  December  21, 


INDEX. 


JbatfU  ofConptu  to  Ada  of  tki  Ltgidaiura  of 
Statit. 

1804,  contmued  lor  Ibur  yetiii  (obsolete,) 

549 

Aawnt  of  Congreti  to  an  act  of  the  State  of 
Georgia,  establuhlng  feea  of  the  harbour- 
maater  and  health  officer,  March  2, 1811, 
(expired,) 658 

An  act  to  cany  into  e&ct  an  act  of  the  legia- 
latine  of  the  State-  of  Maryland  authoriiing 
lotteries, 728 

An  fct  to  revive  an  act  declaring  the  aaaent 
of  Congrcaa  to  an  act  of  the  State  of  Geor- 
gia, oatabliabing  the  ieea  of  the  haitoor- 
maater  of  Savannah  and  St  Mary'i^  March 
8, 1818, 820 

Auiaiata  to  tht  Adjvtant'QmgroL 

Compenaatioii,     -       •        •        •        •    88 

JUndatU  PoftmaattT'Gtntroh 

An  additional  aanstant  Poftmaater-genenl  to 
be  appointed  with  a  salary  of  sixteen  hnn- 

died  doUara, 615 

•jMtAsntiraliMi. 

Of  acts  of  State  legislatares,  records  and  judi- 
cial proceedings^  to  give  them  efiect  in  other 
States^ 298 

An  Mt  for  the  more  convenient  taking  of  affi- 
davits and  bail  in  civil  caosca  depending  in 
the  comts  of  the  United  Stotos,  Febrnary 

20,  1812, 679 

Conuniasionen  of  bail  to  be  ajqpmnted  •  680 

Notes  of  the  dedaioBS  of  the  courts  of  the 

United  States  on  the  law  of  bail,        •679 

Beaolation  reqfiiesting  the  President  of  the 
United  Statea  to  preaent  medals  to  Captain 
William  Bainbridge,  and  the  officers  of  the 
frigate  Constitution,  March  8,  1818,  -  881 

Bamk  of  JSUxamdria, 

An  actconcemingthe  Bank  of  Alexandria,  621 

Notes  of  decisions  in  certain  actions  against  the 

Bank  of  Alexandria,  dM%,  •        -        .  621 

Bank  of  the  United  StoJttu 

Authorized  to  establish  offices  in  tiie  territories 
and  dependencies  of  the  United  States, 
March  28,  1804,  (obsolete^)       -        -  274 

Pmudmient  of  frauds  oonunitted  on  the  Bank 
of  the  United  Statea,         -        -        -  428 

The  fourth  section  of  the  act  incoqwrating  the 
Bank  of  the  United  States,  which  pndiibited 
the  bank  from  purchasing  the  public  debt, 
(repealed,) 695 

Bwifk  of  WaMngtoiu 

An  act  to  incorporate  the  Bank  of  Wash- 
ington, --....  625 
Bankntptey. 

The  act  to  establish  a  unifimn  system  of 
bankruptcy,  April  4,  1800,  (repeaied,)     19 

Proceodinga  under  the  ad,     -        -    19  to  86 

Notes  of  dedflions  on  the  bankrupt  law  of  the 
United  States^ 19 

An  Mt  to  rep^  «  An  act  to  establish  a  uni- 


Batiknqftey. 

form  system  of  bankmptcy  in  tiie  Unitod 
Statea^"  December  10, 1808,      -        -  248 
Eeaam$  and  BuoffSs — See  Itight-koumt, 
Bilii  drawn  6y  John  jSrmMtrong, 

The  Seoetary  of  the  Treasury  andioraed  to 
suspend  the  payment  of  bills  drawn  by 
John  Armstrong,      ....  777 
See  Appropnaiion* 
£ooJkt^-8ee  Ccpyrights, 
romUy.^-8oo  MiUiary  Bounty  Landi. 
Bridge  at  Brooklyn, 

A  bridge  to  be  buHt  acRMB  the  manh  and  mill 
pond  from  the  navy  yard  at  BrooUjn,  880 
Bridge  ootr  the  Riner  Potomac, 

Erection  of  a  bridge  over  the  Potomao  widiin 
the  District  of  Columbia,  -        -        -  457 

Britith  Cohniea  and  Ikpendtneietd    See  Non'Bo' 
tercoune. 

Cadite, 

Cadets  in  the  military  academy,     -        -  720 
Conah. 

The  expenae  of  extending  the  canal  of  Gi^ 
rondelet  to  the  Miariasippi  river  to  be  de* 

frayed, 516 

Canal  in  thi  City  of  Wcuhington.    Bee  City  of 

Waahington, 
Capitol, 

Appropriation  for  completing  the  aonth  wing 
of  the  capitol,  -        -  -        -  811 

Further  appropriation  towards  completing  the 
capitol, 899 

Appropriation  for  finishing  the  aoaih  wing  of 
the  capitol, 482 

Appropriation  lor  completing  die  two  wing* 
of  the  capitol  at  Wadiiiigton,    •        -  552 

Appropriations  finr  the  construction  and  w 
pairs  of  the  c^tol  and  President's  house, 

Ac, 775 

Centua, 

Act  providing  for  the  second  census  of  the  in- 
habitanta  of  the  United  States,  -        -     11 

Begulations,         -        -        -        -    11  to  14 

An  act  providing  for  the  third  census  or  enu- 
meration of  Uie  inhabttanta  of  the  United 
States,  Mardi  26,  1810,    -        -        -  564 

Amendment  of  the  act  of  March  26,  1810, 

570 

An  act  fruther  to  alter  and  amend  an  act  pro- 
viding for  the  third  census  or  enumeration 
of  the  inhabitants  of  the  United  States^  May 
1, 1810, 605 

The  time  for  completing  the  third  census  ex- 
tended, March  2, 1811,  (obsolete,)      -  658 

Ciremt  Cowrta, 

Regulation  of  the  Circuit  Courts  of  the  United 
States, 2U 

The  Circuit  Court  shall  consist  of  one  judge 
of  the  Supreme  Court,  and  the  district  judge 
of  the  district  in  which  the  court  shall  be 
held, 244 

Appeals  from  the  Cirpuit  to  the  Supreme 
Court,     •        •        •        -  •  244 


INDEX. 


887 


CtrevdCoMfff. 

The  niiMteentfa  secdon  of  the  act  of  24th  Sep- 
tember, 1780,  chap.  20,  which  diiecta  that 
the  fiM^  in  caoaea  in  ocjuity  and  admiralty 
dudl  appear  on  the  record,  and  the  twentieth 
aedioa  which  auljecta  the  plaintiff  or  libellant 
in  the  Circuit  Court  to  ooata,  in  certain 
caaea,  repealed,         -        -        -        -  244 

Juriadiction  of  the  Circait  Courts  of  the  dia- 
tricta  of  Kentucky,  Tenneaaoe,  and  Ohio, 
Febmaiy  24, 1807,  (aboliahed,)         -  420 

Rulea  for  the  government  of  the  Circuit 
Oouita, 420 

Circuit  Court  of  Kentucky  to  fonn  part  of  the 

aeventh  circuit,         ....  420 

Seaaiona  of  the  court,    ...  420 

Circuit  Court  in  Tenneasee,  Fefaruaiy  24, 
1807, 420 

State  of  Tenneaaee  to  be  £vided  faito  two 

diatricta, 421 

Seaaiona  o^ 420 

Circuit  Court  in  Ohio,  Februaiy  24^  1807,  420 
Seaaiona  o^ 420 

Circuit  Court  of  the  third  circuit,  -        -  471 

Circuit  Court  of  Georgia,     ...  471 

Circuit  Conrta  of  Kentucky,  Tenneaaee,  and 
Ohio, 516 

The  Circuit  Courta  to  perform  the  dutiea  of 
the  Dialriet  Couzfa  in  caaea  of  the  inability 
of  the  diatrict  judges,         -        -        -634 

Timea  of  holding  the  Circuit  Court  at  Knox- 
▼ille,  in  the  diatrict  of  East  Tenneaaee,  in 
the  State  of  Tenneaaee,  altered,  -        -  693 

Timea  of  holding  the  Circuit  Court  in  the 
diatrict  of  New  Hampehire  altered,     •  696 

Timea  of  holding  the  Circuit  Court  in  the 
diatrict  of  Rhode  laland  altered,  -        -  696 

Timea  of  holding  the  Circuit  Court  at  Boaton, 
Maaaachnaetta,  altered,  ...  696 
cay  of  Woikington, 

Board  of  commiaaioneni  of  the  city  of  Waah- 
ington  abolished,      ....  176 

A&ira  of  the  city  to  bo  under  the  charge  of 
a  superintendent  to  be  appointed  by  the  Pro- 
aident, 176 

Lots  to  be  sold  to  pay  the  debt  to  Maryland,  176 

Canal  from  the  Potomac  to  the  Eastern  Branch, 

177 

An  act  concerning  the  city  of  Washington, 
Mareh  3,  1803,         -        -        -        -  236 

Superintendent,  his  salary,  and  allowance  for 
a  aurreyor, 236 

An  act  aupplementaiy  to  « An  act  to  incorpo- 
rate the  inhabitanta  of  the  dty  of  Wash, 
ington,  in  the  Diatrict  of  Columbia,"  Fe. 
bruary  24,  1804,       -        -        -        -  264 

A  supplement  to  the  act  concerning  the  dty 
of  Waahmgton,        -        -        -        -  297 

Compensation  to  the  office  of  sunreyor,  •  298 

Publicbuildings  in  the  dty  of  Washington,  298 

Proprietora  of  aquares  and  lots  in  the  city  of 
Washington  authorized  to  have  them  di- 
vided and  admitted  to  record,     -        -  611 

A  company  incorporated  for  opening  a  canal 
in  tho  aty  of  Washington,         -        -  617 

An  act  (uither  to  amend  the  charter  of  the 
eityofWaihinston.    May  4,  1812,    -721 


CUy  of  Wa$kimf;totu 

Dedaiona  St  the  Supreme  Court  on  the  pro- 
▼isiona  of  the  act  incorporating  the  dty  of 
Washington  which  authorizea  the  laying 
of  taxes, 721 

l^ecisiona  of  the  Supreme  Court  on  the  pro 
viaiona  of  the  charter  which  authoiina  the 
drawing  of  lotteriea,  ....  726 

The  Preiident  authorbed  to  leaae  any  part  of 
the  reaenrationB  in  the  €aty  of  Waafalngton, 

776 
CUnnu  of  CitUentofthe  United  Statu  on  the  Frtndi 
bepvbUc, 

An  act  making  provision  for  the  payment  of 
the  claima  of  dtizena  of  the  United  Statea 
on  the  government  of  France,  aasumed  by 
the  United  Statea  by  virtue  of  the  conven- 
tion ceding  Louisiana  to  the  United  Statea. 
November  10,  1803,  -        -        -  247 

Additional  pro^ona  for  the  payment  of 
claima  of  dtizens  of  the  United  Statea  on 
the  French  government,  assumed  by  the 
United  Statea  under  the  treaty  with  the 
French  republic,       ....  348 

An  act  making  fiirther  provision  for  the  pay- 
ment of  the  daima  of  the  United  Statea  on 
the  government  of  France,         -        -  881 

Clearance  of  Shipe  or  VeeuU. 

Regulation  of  the  clearance  of  veaaels  from  the 
Misnsaippi, 200 

An  act  to  regplate  the  dearance  of  armed 
inerchant  vessels,  March  6,  1806,  (ex- 
pired,)      842 

Coojf  of  tht  United  Statee, 

The  Secretary  of  the  Treaauiy  to  cauae  charta 
of  the  coaatofNorth  Carolina  to  be  aold,  604 
See  Survey  of  the  Coatt. 

Coine* 

Mode  of  eatimating  certain  foreign  coina,  and  of 
making  out  invoices  in  certain  cases,  -  121 

The  second  section  of  the  act  for  regulating 
foreign  coina  which  directa  that  certain  fo- 
reign coins  ahall  cease  to  be  a  legal  tender, 
passed  August  6,  1790,  suspended,  (obso- 
lete,)       178 

An  act  regulating  the  currency  of  foreign 
coina  in  the  United  States,         •        •  874 

Notes  of  the  acts  of  Congress  relative  to  fo- 
reign coins,      .....  874 

CoUection  Districte  and  Porte  of  Delivery. 

District  of  Kennebunk,  ...  68 
Lynn  annexed  to  New  London,  -  -  68 
District  of  Bermuda  Hundred,       -        -    68 

City  Point, 68 

Biddcford,  Pepperdborough,  and  New  Bedford 
made  ports  of  entry  for  vessels  arriving  from 
the  Cape  of  Good  Hope  and  from  places 
beyond  the  same,  ....  101 
District  of  Bristol  established  and  annexed  to 
the  towns  of  Kittery  and  Berwick,  in  the 
district  of  Portsmouth,  -  -  -  101 
Districti  of  Massac  in  Ohio,  Palmyra  in  Ten- 
nessee,     108 

District  of  Bermuda  Hundred  and  Ci^  Point 
altered, 116 


INDEX. 


Collection  Diitridi  and  Ports  of  DeHoiry. 

Collection  districts  established,  act  of  May  1, 

1802,  (obsolete,)       -        -        -        -  183 

Beaufort  in  North  Carolina,  -        •        .  228 

Passamaquoddy,  -        -        -        -        -  228 

Easton, 228 

Tiverton, 228 

A  new  collection  district  on  Lake  Ontario^  228 
Cambridge  in  Massachusetts  made  a  port  of 

dcliveiy, 810 

Collection  districts  of  Buffiiloe  Creek    and 

Miami,  and  altering  the  port  of  entry  of  the 

district  of  Erie,-        ...  836 

Rozbuiy,  in  Massachusetts^  made  a  port  of 

deUvery, 349 

Town  of  Jersey,  in  New  Jersey*  made  a  port 
of  delivery,       ....  355 

All  the  shores  and  waters  of  the  Ohio  and  its 
branches,  and  of  the  Mississippi  and  its 
branches,  added  to  the  district  of  Missis- 
sippi, (obsolete,)  -  -  -  -  '418 
Name  of  the  districts  of  Biddeford  and  Peppo- 
relborough  changed  to  that  of  Saoo,  Massa- 
chusetts, ...-.-  451 
Plymouth  in  North  Carolina  made  a  port  of 

entry, 497 

Name  of  the  district  of  Nanjemoy  changed  to 

8L  Maiy's, 497 

Augusta  in  Maine  made  a  port  of  delivery,  497 

Districts  of  Mumphreymagog,  Oswegatchie, 

and  White  Mountains  established,      -  665 

Part  of  the  State  of  New  Jeney  annexed  to 

the  collection  district  of  New  York,    -  657 

Collection  district  of  Niagara,        -        -  657 

Cape  St  Vincent,  in  the  district  of  Sackef  s 

Harbour,  made  a  port  of  entry,  -        -  657 

District  of  Sandusky  and  Teche,    •        -  657 

CoUection  of  Duties  on  Vessels  and  Tonnage. 

Trani^xyrtation  of  goods,  6cc^  from  Philadelphia 
and  Baltimore  by  way  of  Appoquinimink 
Creek  allowed, 103 

An  act  in  addition  to  the  act  entitled  «  An  act 
concerning  the  registering  and  recording  of 
ahips  and  vessels  of  the  United  States,**  and 
to  the  act  entitled  « An  act  to  regulate  the 
collection  of  duties  on  imports  and  tonnage," 
March  2,  1803,        -        -        -        -  209 

An  act  supplementaty  to  an  act  to  regulate 
the  collection  of  duties  on  imports  and  ton- 
nage,      ------  815 

An  act  to  amend  in  the  cases  therein  men< 
tioned  the  «  Act  to  regulate  the  collection 
of  duties  on  imports  and  tonnage,  April  21, 
1806,      -        -        •        -        -        -  399 

Columbia,  District  of  r— See  District  of  Columlna. 

Columns* — See  light'-houses, 

Commsres  and  Seamen  of  the  United  States. 

An  act  for  the  protection  of  the  commerce  of 

the  United  States  against  the  Tripolitan 

cruisers,  February,  6,  1802,  (obsolete,)  129 
Appropriation  for  extending  the  commerce  of 

the  United  States,  Fefaruaiy,  28, 1803,  206 
See  Commercial  IntercounSf  Seamen* 
An  Mt  lor  the  protection  of  the  oommeree 

and  seamen  of  the  United  States  of  March 


Commerce  and  Seamen  of  the  United  States* 

25, 1804,  revived  and  continaed  in  fbroe, 
January,  10, 1809,  (obsolete,)    -        -  611 

Commercial  TntercotOrse, 

Between  the  United  States  and  France  fordier 

suspended,  act  of  Februaiy  7,  1800,  -  7 
Sailing  of  commercial  vessels  regulated,  -  8 
Treatment  of  vesseb  violating  the  act,  -  9 
Tho  President  may  remit  the  prohibition  of 

intercourse,  and  may  renew  it,  -  -  9 
Hispaniola  to  be  considered  as  a  dependency 

of  France,  -----  10 
Regulations  as  to  public  armed  vessels,  -  10 
Commercial    Intercourse  vrith  St  Domingo 

suspended,  Feb.  28,  1806,  (expbred,)  -  861 
See  Non^Intercourse,  Nonrlmportation, 

Condensation* 

Paymaster-general,       -        •        -        -    38 

Assistant  to  the  Adjutant-general,  •        -    89 

Of  the  Officers  of  the  Senate  and  House  of 
Representatives,        ...        -    68 

Allowances  to  certain  collectors  of  duties  on 
import  and  tonnage,  -        -        -  .      -    72 

Commissions  to  certain  collecton,  -        -72 

Compensation  of  public  ministers,  -        -    78 

Salaries  of  the  district  judges  of  Massachu- 
setts, New  York,  New  Jersey,  Delaware^ 
and  Maryland  augmented,-        •        -  121 

Compensation  to  delegates  in  Congress,  -  130 

Act  of  March  2,  1799,  augmenting  the  salary 
of  certain  officers,  revived  and  continued  in 
force  fortwo years  from  January  1, 1802,  162 

Compensation  of  the  officers  of  the  fiienate 
and  House  of  Representatives  of  the  United 
States,  April  29,  1802,  (obsolete,)      -  170 

Compensation  to  officers  employed  in  the  ool- 
le<^nofdutios  on  imports  and  tonnage,  172 

Additional  compensation  to  the  deputy  post* 
master  at  Washington;  act  of  May  3, 1802, 
sect  7,  (obsolete,)     -        -        -        -  191 

Compensation  of  die  officers  of  government, 
February  20,  1804>  -        -        -        .  260 

Compensation  of  the  officem  of  the  Senate  and 
House  of  Representatives,  (obsolete,)  •  376 

Compensation  of  witnesses  for  attending  the  trial 
of  tho  impeachment  of  Samuel  Chase,  389 

Compensation  to  certain  clerks^      •        -  896 

Additional  compensation  to  the  judges  of  the 
Mississippi,  Lidiana,  Michigan,  and  Louisi- 
ana territories,  -        ....  431 

Compensation  frnr  extra  services  of  the  gover- 
nor, judges,  and  secretary  of  the  Indiana 
territoxy,  ------  444 

Additional  compensation  to  the  secretaries  of 
tho  Mississippi,  Indiana,  IxiuiBana,  and 
Michigan  territcnies,  -        -        -        •  450 

Act  to  continue  in  foroe  an  act  continuing 
the  salaries  of  certain  officers,     -        -456 

Compensation  to  John  Eugene  Leitensdoiftr 
for  services  rendered  in  the  war  with  Tri- 
poli,          617 

Salaries  of  the  judges  of  the  Circuit  Court 
of  the  District  of  Columbia  increased, 
March  8, 1811,         -        .        •        -  660 

M  An  Mt  continuing  fiv  a  limited  time  the  aal»* 
ries  of  the  officers  of  the  goveniment,'*-  718 


INDEX. 


CmnpftuaiioH* 

The  Preddent  of  the  Senate  pro  tempore  actp 
ing  M  each  while  the  office  of  V ice-presi- 
dcnt  of  the  United  States  waa  Tacant,   777 

Congreti, 

Special  Congraaa,  act  of  May  13, 1800,  -    86 

Reaolution  authorizing  the  Secretaxy  of  State 
to  fumuh  memben  of  Congrcas  with  the 
lawa  of  the  nxfh  Congreaa,        -        -  198 

Reaolution  czpreanng  the  aenae  of  Congreaa 
of  the  conduct  of  the  offioera  and  crow  of 
the  schooner  Entexpriae,    .        -        -  198 

Congreaa  to  meet  on  the  first  Monday  in  No- 
vember, 1803, 242 

CongrosB  to  meet  on  the  first  Monday  of  No- 
vember, 1804, 283 

The  next  meeting  of  Congreaa  to  be  on  the 
first  Monday  of  November,  1808,       -  490 

Congress  to  meet  on  the  fourth  Monday  in 
November,  1809,      -        -        -        -  649 

See  Compentation, 

Delegates  from  texritories. — See  Ohio,  JUichir 
gan,  Indiana,  and  lUinaii  TerrUories, 

Assent  to  State  acts* — See  jhtent  of  Congrtu 
to  Stati  Jietu 

Congreaa  to  meet  on  the  fourth  Monday  in 
May,  1813, 804 

Covmidiatt, 

District  Court  in  Connecticut,        -        -  676 

Representatives  in  Congress  aoooiding  to  the 

third  oenaus, 669 

Copper  MineM, 

Resolution  authorizing  tiie  appointmont  of  an 
agent  to  collect  information  relative  to  the 
copper  mmes  on  Lake  Superior,         -    87 

Copyright, 

An  act  supplementary  to  an  act  entitled  «  An 
act  for  Uio  encouragement  of  learning  by 
aecuring  the  copies  of  maps,  charts,  and 
bodu  to  the  authors  and  proprietors  of  such 
copies  during  the  time  therein  mentioned," 
and  extending  the  bonefiti  thereof  to  the  arts 
of  designing,  engraving,  etching  historical 
and  otiier  prints^  April  29,  1802,  (re- 
pealed,)    171 

Notes  to  the  acta  relating  to  copyright,  -  171 

ContuUand  Vvx<onsubu 

An  act  supplementary  to  «  An  act  concerning 
consuls  and  vice-consuli,"  and  for  the  further 
protection  of  American  aeamen,  February 
28,  1808, 203 

Conttitution,  Frigate. 

Reward  of  Captain  Isaac  Hull  and  the  officers 
and  crew  of  the  Constitution,  for  the  de- 
struction of  the  British  frigate  Guexriere,  818 

Reward  of  Captain  William  Bainbridge,  his 
officers  and  crew,  for  the  destructidh  of  the 
British  frigate  Java,  ....  818 

Conttitutian  of  the  United  States, 

Resolution  proposing  an  amendment  of  the 
constitution  prohibiting  any  citizen  of  the 
United  States  receiving  or  retaining  any  title 
or  emolument  from  any  foreign  prince,  state, 
or  power, 613 


Coitrti, 

Times  and  places  for  holdnig  certain  courts 
altered,  act  of  May  3, 1801,  (repealed,)  123 

Courta  in  New  Hampshire,  Maine,  Maaaa- 
chusetts, 123 

Courts  in  North  Carolina,     -        .        -  123 

Courts  in  New  Jerray,  -        -        -        •  124 

Circuit  Court  of  Kentucky,  -        -        -  125 

Repeal  of  the  act  of  March  3, 1801,  for  alter- 
ing the  times  and  places  of  holding  certain 
courts  therein  mentioned,  Ac,   -        •  123 

See  Judiciary, 

Court  of  the  United  States  for  the  Kentucky 
district,  iti  sessions,  .r        .        .        .  342 

District  Courts  of  Virginia,  Rhode  Island,  and 
West  Tennessee,      -        -        •        -  273 

In  case  of  the  inabili^  of  the  judge  of  any 
District  Court  to  attend  the  court,  the  mar^ 
shal  may  adjourn  the  court,  March  26, 
1804, 291 

Superior  courts  of  the  territories  invested  with 
tiie  Jurisdiction  of  the  District  Court  of 
Kentucky  in  cases  where  the  United  States 
are  concerned,  •        -        -        .        -  338 

Regulation  of  the  time  of  holding  the  courts 
in  the  District  of  Columbia,        -        -  390 

District  Court  in  Noith  Csiolina,  -        -  413 

Causes,  dec,  pending  in  the  District  Couit  of 
Columbia  continued  over  to  April  term, 
1809, 467 

Jurisdiction  of  the  Circuit  Courts  of  the  dis- 
tricts of  Kentucky,  Texmessee,  and  Ohio, 

420,  616 

Jurisdiction  of  the  District  Courts  of  Kentucky 
and  Ohio  abridged,   -        .        *        .  420 

Rules  for  the  government  of  the  Circuit 
Courts, 420 

Circuit  Court  of  Kentud^  to  form  part  of  the 
seventh  circuit,         ....  420 

Circuit  Court  in  Tennessee,  February  24, 
1807, 420 

The  State  of  Tenneseoe  to  be  divided  into  two 
districts,  -..-..  420 

A  Circuit  Court  to  be  holden  snnually  in 
each  district,      ....  420,  477 

Circuit  Court  in  Ohio,  ....  420 

Proceedings  in  the  courts,     ...  477 

Circuit  Court  in  the  second  dreuit,        -  471 

Circuit  Court  in  Geoxgis,      -        -        -  471 

The  Circuit  Courts  to  perform  the  duties  of 
District  Courts  in  cases  of  the  inability  of 
the  district  judges,    ....  534 

Circuit  Court  in  Knoxville,  East  Tennesaee, 
altered, 693 

Circuit  Court  in  New  Hampshire,  -        .  696 

Circuit  Court  in  Rhode  Island,      -        •  696 

Circuit  Court  in  Boston,  Massachusetts,  •  696 

See  Cireuit  Courte-^Dietrict  Cowrte-^-Supreme 
Court, 
CourtM  Martial^-'^ee  jSrmy  of  the  United  Statu, 
Crimes  and  Offences, 

Continuation  of  the  act  of  June  6,  1794,  pro- 
hibiting violatioxis  of  the  neutrality  of  the 
United  Statea,witiioutlimiUtion  of  time,    64 

Punishment  of  a  perMm  who  shall  cast  away 
a  vessel  at  se^ 290 

Persons  may  be  tried  and  punbhed  lor  crimes 


840 


INDEX. 


Crwm  amd  Ofifua, 

under  the  mrentie  laws  in  five  yean  from 
the  tiine  of  oommimon,    .        •        -  290 

Notei  of  decirions  of  tho  oourUi  on  the  acts  of 
Congress  punuhing  the  destroying  a  ▼eseel 
atsca, 290 

Proceedings  against  penons  committing  trea- 
son or  felony  within  the  juzisdiction  of  (he 
United  States,  and  taking  passage  in  foreign 
armed  vcaaels  in  ports  and  hariboon  of  tibe 
United  States, 889 

Coanterlnting  the  current  coins  of  the  United 

States, 404 

Ctmberland  Road. 

An  act  to  lay  oat  and  make  a  road  from  Cnmo 
heiland,  in  Maryland,  to  the  State  of  Ohio, 
March  29,  1806,       -        -        -        -  857 

Note  of  the  acts  which  have  hoon  passed  re- 
lating to  the  Cumberland  rood,  -        -  857 

Additional  appropriation  fi>r  the  Cumberland 
read, 655 

Addition  to  the  act  for  laying  out  a  road  from 
Cumberland,  in  Maryland,  to  the  State  of 
Ohio, 661 

An  act  in  addition  to  the  act  to  regulate  the 
laying  out  and  making  a  road  from  Cum- 
bM-land,  in  Maxyland,  to  the  State  of  Ohio, 

780 
CMtomt^— See  DuHet, 

Damtk  Conntl  at  Tryfoli, 

Adnowledgment  of  Congresi  of  the  services 
of  the  Danish  consul  at  Tripoli,  April  10, 
1806, 410 

Jkbt  of  the  Vnited  State». 

The  Prosidcnt  of  tho  United  States  authorized 
to  borrow  three  millions  feur  hundred  thou- 
sand dollars  for  the  use  of  the  United  States, 
May  7,  1800, 60 

Appropriations  of  the  loan,   -        -        -    60 

An  act  making  provision  for  the  redemption 
of  the  whole  of  the  public  debt  of  the  United 
States,  April  29,  1802,  (obsolete,)      -  167 

Debt  of  eleven  millions  of  dollars  created  for 
the  purpose  of  carrying  into  efiect  the  treaty 
with  France  by  which  Louisiana  was  ceded 
to  the  United  Ststes,  Nov.  10, 1608,  -  245 

The  President  authorized  to  borrow  two  mil- 
lions of  dollars  towards  tho  extraordinary 
expenses  of  intercourse  with  foreign  na^ 
tions, 849 

Repeal  of  any  of  the  acts  which  authorize  the 
receipt  of  evidence  of  public  debt  in  pay^ 
ment  for  public  lands,        -        •        -  405 

An  act  supplementary  to  the  act  making  pro- 
vision for  tho  redemption  of  the  whole  of 
the  public  debt  of  the  United  States,  Febru- 
ary 11,  1807, 415 

Note  of  acts  for  the  redemption  of  the  public 
debt, 415 

Powen  of  the  commissionera  of  the  sinking 
fund  extended,  -        ...        -651 

An  act  authorizing  a  loan  of  money  for  a  sum 
not  exceeding  the  amount  of  the  principal 
of  the  public  debt,  reimbursable  during  the 
year  1810,  May  1, 1810,  -       -       -  610 


Ikbt  ofthn  Umtid  Stata. 

An  act  authorizing  a  loan  of  money  for  a  sum 
not  exceeding  five  millions  of  dollars,  March 
2, 1811,  (obsolete,)  -        •        •        -  656 

An  act  auUiorizing  a  loan  not  exceeding  eleven 
millions  of  dollani,  March  14,  1811,    -  694 

Transfer  of  stock  created  under  act  of  No- 
vember, 1803. 771 

An  act  authorizing  a  subscription  for  flie  old 
six  per  cent  and  deferred  stocks,  and  pro- 
viding for  an  exchange  of  the  same,    -  788 

Supplement  to  the  act  authorizing  a  loan  of 
eleven  millions  of  doDars,  ...  784 

Jjoan  of  sixteen  millions  of  dollare  authorized, 
February  8,  1818,    -        -        "        -  798 
DtcaiWf  Stephen, 

Resolution  as  to  his  services^  November  27, 

1804, 846 

DedimHi  Potestatem^See  Evidence, 
Defence  of  Merchant  Veetelt. 

Merchant  vessels  of  the  United  Stafes  may 
defend  themselves  against  Frendi  depreda- 
tions, act  of  April  22, 1800,  (obsolete,)     89 

Act  of  June  25,  1798,  except  such  parts  as 
relate  to  salvage  in  recapture,  continuedt    39 
Delaware, 

Representatives  in  Congress  according  to  the 
third  census,    .....  669 
DeUgatu  to  Congreu^ — See  Jtfuittt^Rpt  Territory    > 
Indiana  Territory-^IlHnoi»  Tmriiory— Mi- 
chigan Territwy, 
Dq>artmentS4 — See  TVeantry,  War,  and  Navff  Dt^ 

partmenti, 
Dqfontiont. 

The  courts  of  the  United  States  diall  have 

power,  in  their  discretion,  to  take  depoaitioiis 

in  perpetuam  rei  memoriam,  in  any  ease 

depending  before  them,     ...  682 

Dettroffing  Shipe  or  Ve$uU  at  Sea^—^eo  Crima  and 

Offences, 
Dexter,  Satnuel, 

Appropriation  of  five  hundred  dollars  to  Samuel 
Dexter,  for  the  expenses  of  a  suit  against 
him  brought  by  Joseph  Hodgson,       -  162 
Direct  Taxes, 

Supplement  to  the  act  of  July  9,  1798,  -      2 

Valuations  by  the  coramissionere,  -        .      2 

An  act  to  promote  the  equalizing  the  vahifr> 
tion  of  unseated  hmds.  May  10,  1800,    71 

Commissioners  to  adjust  the  valuations,  •    71 

Clerks  to  be  employed  for  completing 'the  ab- 
stracts of  the  valuation  of  lands,  dwelling- 
houses,  and  the  enumeration  of  daves,  Hi 

Surveyon  of  the  revenue  to  make  certain  re- 
turns to  the  supervisors  and  inspectors^  124 

An  act  to  amend  an  act  entitled  « An  act  to 
lay  and  collect  a  direct  tax  within  the  United 
Stotes,"  March  16,  1802,  -        -        -  138 

An  act  further  to  amend  the  «  Act  to  lay  and 
collect  a  direct  tax  within  the  United  States," 
March  3,  1804,  (obsdete,)        •        -  262 

Act  for  providing  for  the  valuation  of  land% 
dwelling-houses,  and  the  enumeration  of 
slaves  in  South  C8rolina,and  for  other  pmv- 
poses, 811 


INDEX. 


841 


Dinet  ToMt. 

An  act  to  omend  « An  act  fatQuBt  to  tmoid 
the  aet  entitled  <  An  act  to  lay  and  eoDeet  a 
direet  tax  wiHun  the  United  Statsi^"'  816 
Diifnei  CoMrte. 

Beanona  of  the  Diatriet  Cooita  of  Virginia, 
Bhode  Uand,  and  Weat  TeoneaMO  at- 
tend,       S78 

Diilaet  Conita  to  have  power  to  iame  write 
of  injnnetion,  .        .        -        -        •  416 

TenMof  the  Diatrict  Court  of  North  Carolina 
changed,  Maich  0, 1808,  -        •        -  471 

The  Circuit  Conrta  to  exerdae  the  dntiee  of  the 
Diftriet  Coorti  during  the  inability  of  the 
diatrict  jndgea, 684 

Jnatioe  of  the  Supreme  Court  to  exerdae  the 
powera  of  diatrid  judge  during  the  inability 
of  the  judge, 684 

An  aet  altering  the  time  far  holding  the  Dia- 
trict Court  in  Ohio,  March  86,  1810,  -  668 

Time  of  holding  the  Diatrict  Court  of  Maine 
altered,  November  88, 1811,      -        -  667 

Time  of  holdiqg  the  Diatrict  Court  in  North 
Carolina  altered,  January  88, 1818,   -  676 

Time  of  holding  the  Diatrict  Court  in  Con- 
nectieut  altered,  February  6, 1818,     -  676 

An  additional  judge  to  be  appointed  for  the 
diatrict  of  New  Teri[,       -        -        -  718 

An  act  altering  tiie  timea  of  holdmg  the  Dia- 
trict Court  in  the  reapective  diitricta  of  New 
YoikandMaandiuaetta,March8,18l8,  816 

An  act  aherittg  the  time  of  holding  the  Diatrict 
Court  in  tiie  diatrict  of  Maine,  March  3, 

1818, 888 

Diffriet  of  Columbia, 

An  act  oonoeming  the  Diatrict  of  Colum- 
bia,          108 

Notei  of  the  acta  for  the  goremment  and  ad- 
miniatratian  of  juatioe  in  the  Diatrict  of  Co- 
lumbia,   --•-..  108 

Dedaiona  of  the  courta  of  the  United  8tate% 
in  auita  relating  to  the  DiaMct  of  Co- 
lombia,   --....  108 

Lawa  of  Virginia  and  Maryland  continued  in 
force  in  the  Diatrict  of  Columbia,       •  108 

Organization  of  the  gOTcrnment  of  the  Dia- 
trict,         106 

Circuit  Courta,    -        •        .        .        .  106 

A  marahal  and  attorney  in  the  diatrict  to  be 
appointed.    Fees,     ....  106 

Wnts  of  Error  and  Appeal,  -        •        .106 

Notea  of  the  law  rdative  to  write  of  error  and 
appeal, 106 

Orphana*  Court, 107 

Compenaalion  of  the  judgea.  Notea  of  the 
ada  relating  to  the  compenaation  of  the 
judgea  of  the  Diatrict  of  Columbia,     -  107 

Supplement  to  the  act  relating  to  the  Diatrict 
of  Columbia,    .....  115 

Powera  of  the  Circuit  Court  Forma  of  in- 
dictment!,        .        .  .        .116 

Puniahment  of  feloniei^         ...  115 

Juriadiction  of  the  Circuit  Court  of  Alexan- 
dria,         116 

Magjatratea  to  form  a  board  of  county  oom- 
miarionen^ 116 

Deliteiy  of  fugitiTca  firom  justice  or  labour,  116 

Vol.  II.— 106 


DUtriei  of  Columbia, 

Proceedinga  in  the  Circuit  Court  of  the  Dia- 
trict of  Columbia  against  non-residenti  r^ 

gulated, 193 

SesBona  of  the  Circuit  Courta,      -        -  194 

Proceedinga, 104 

Taxea,  how  levied,       -        -        -        -  194 

HiringofslaTeaintheDiatrictofColumbia,  194 

Joron  and  justicea  of  the  peaces    •        -196 

Lioenaea  to  hawkers  and  pedlera,  -        -  196 

Jail  in  the  d^  of  Washington,      -        •  196 

Taxes  in  Georgetown,  ....  196 

Inspection  of  artidea  in  the  Diatrict,       -  196 

Militia  of  Washington  and  Alexandria,  -  196 

InoorpoTBtion  of  the  inhabitanta  of  the  Diatrict 

of  Columbia,  May  8,  1808,       -        -  196 

Militia  of  the  District  of  Columbia,  aet  of 

Mareh  8, 1808,        -        -        -        -  816 

Inanrance  onbuildingB,  goods,  and  furniture  in 

the  county  of  Alexandria,  in  tiie  territoiy  of 

Columbia, 227 

Regulation  of  the  time  of  holding  the  courta 
in  the  District  of  Columbia,       -        -  800 
Provisions  of  former  acta  relative  to  the  write 
of  capLaa  ad  reapondcndum  repealed,  -  428 
Return  of  aoch  write,  ....  428 
Expenaea  of  the  adminiatration  of  justice  in 
the  IHstrict  of  Columbia,  -        •        -  480 
Expenaea  reduced,        ....  430 
A  turnpike  company  in  the  county  of  Alex- 
andria oatabli^ied,    ....  486 
A  road  to  the  lower  oaatom  branch  bridge  to 
be  opened  and  kept  in  repair,     -        -  669 
A  company  incorporated  to  make  certain  roads 
in  the  District  of  Columbia,  April  20, 1810, 

670 
Amendment  of  «  An  act  to  eatablish  a  turnpike 
company  in  the  county  of  Alexandria,  in 
the  District  of  Columbia,''-        -        -  677 
A  canal  from  the  river  Potomac  around  the 
vrest  end  of  the  dam  or  cauaeway  from 
Maaon'a  Island  authoriaed,         -        -  768 
An  act  to  amend  the  lawa  within  the  Diatrict 
of  Columbia,  June  24,  1812,      -        -  766 
Certain  powers  confenred  on  the  Levy  Court 
of  the  District  of  Columbia,  relating  to  peni- 
tentiariea,  roads,  laying  taxea,  bridges,    771 
An  act  to  anthoriae  the  preddent  and  ma- 
nagera  of  the  WadiingtoD  Turnpike  Com- 
pany of  the  State  of  Maryland,  when  or- 
ganised, to  extend  and  make  thdr  turnpike 
road  to  or  from  Georgetown,  in  the  District 
of  Columbia,  to  the  diatrict  Ihie,  -        -  808 
Drawback, 

Act  of  April  6,  1800,  (repealed,)  •        -    86 
Drawbacka  of  stamp  dutiea  on  debenturea,    88 
No  drawbacka  to  bo  allowed  on  gooda  im- 
ported in  fordgn  veaaels^   -        -        -    88 
Additional  drawback  on  refined  aogar  and 
spirits  diatilled  in  the  United  Statea,    -    86 
Act  of  April  6,  1800,  aUowing  a  drawback  on 
gooda    exported    to    New    Orleana,    (re- 
pealed,)   248 

An  act  to  aUow  drawbadoi  on  gooda,  waroa, 
and  merchandiae,  tranaported  by  land  in 
oertain  caaea  dierain  mentioned,  March  8, 

1804, 261 

4B 


842 


INDEX. 


Drawback  of  Duties  on  Goods  exported  to  New  Or- 
leans, 

Ropeal  of  the  act  imposing  restrictions  on  the 
act  withholding  diawbacks  in  certain  expor- 
tations  of  goods  from  Louisiana,         -  309 

The  benefit  of  drawback  allowed  on  merchan- 
dise exported  by  land  conveyance  tmrn 
Newport  to  Boston,  and  from  Boston  to 
Newport,         -----  578 

An  act  to  extend  the  time  for  exporting,  with 
privilege  of  drawback,  goods,  wares,  and 
merchandise    entitled    thereto,    June    10, 

1812, 748 

DtUies. 

Repeal  of  duties  on  mills  and  implements  em- 
ployed in  the  manufiu^ure  of  snufC  Act  of 
April  24,  1800,         .        .        -        -    64 

Act  laying  additional  duties  on  salt  continued 
for  ten  years, 

Collectors  of  Now  York,  Boston,  Philadelphia, 
Baltimore,  Norfolk,  imd  Charleston,  to  de. 
posit  bonds  for  duties,  for  collection,  in  the 
Bank  of  the  United  States,        -        -    72 

Additional  duties  on  sugar,  molasses^  &c,    84 

Duties  on  wines  and  articles  imported  in  fo- 
reign vessels,    84 

Act  laying  duties  on  licenses  for  sdling  wines 
and  foreign  distilled  spirits,  continued,  -  102 

Duties  on  snui!|  refined  sugar,  on  property  sold 
at  auction,  and  on  carriages  for  the  con- 
ve3rance  of  persons,  continued,  February  25, 
1801,      - 102 

Duties  on  certain  teas  destroyed  by  fire  in 
Providence,  Rhode  Island,  remitted,       117 

Act  to  provide  for  the  establishment  of  certain 
districts,  and  therein  to  amend  an  act  en< 
titled  «  An  act  to  regulate  the  collection  of 
duties  on  imports  and  tonnage,"  and  for 
other  purposes,  (obsolete,)  -        -        -  181 

Duties  on  imports  and  tonnage  within  the  ter- 
ritory ceded  by  the  French  republic  to  the 
United  Stotes,  February  24,  1804,      -  251 

An  act  for  imposing  more  specific  duties  on 
the  importation  of  certain  articles,  and  for 
laying  and  collecting  light  money  on  foreign 
ships  or  vessels,  and  for  other  purposes,  299 

The  sixth  section  of  the  act  of  March  27, 
1804,  imposmg  more  specific  duties,  not  to 
opemte  on  unregistered  vesseb  of  the  United 
States.  Maimer  of  entering  such  ships  or 
vesseh^ 339 

The  first  section  of  an  act  further  to  protect 
the  commerce  and  seamen  of  the  United 
States  from  the  Bazbaiy  powers,  continued, 
April  21,  1806,        -        -        -        -  391 

Importation  of  copper,  saltpetre,  and  sulphur, 
free  of  duty,  allowed,         -        -        -  471 

Duties  on  the  naval  monument  erected  to  the 
memory  of  the  officers  who  fell  in  the  attack 
on  Tripoli  remitted,  -        -        -        .  476 

Duties  on  certain  goods  repaid,  and  bonds  to 
be  given  for  the  duties,      -        -        -  613 

The  first  section  of  an  act  to  protect  the 
commerce  and  seamen  of  the  United  States 
against  the  Baibary  powers,  (the  Mediter- 
ranean fund,)  continued  in  force,  January 
11,1811, 6H 


Duties, 

Act  to  continue  in  force  the  first  section  of  the 
act  further  to  protect  the  commerce  and  sea- 
men of  the  United  States  against  the  Bar- 
bery powers,  (the  Mediterranean  fund,)  con- 
tinued in  force,  January  31,  1812,      -  675 

An  act  for  imposing  additional  duties  on  all 
goods,  wares,  and  merchandise,  imported 
from  any  foreign  port  or  place,  and  for  other 
purposes,  July  1,  1812,     .        -        -  768 

An  act  to  impose  a  du^  on  the  importation  of 
iron  wire,  February  26,  1813,    -        -  804 

The  first  section  of  the  act  further  to  protect 
the  commerce  and  seamen  of  the  United 
States  against  the  Barbery  powers  continued 
in  force,  ------  800 

Election  of  Members  of  the  Hotue  of  Representatives, 

The  act  to  prescribe  the  mode  of  taking  evi- 
dence in  contested  elections  of  members  of 
the  House  of  Representatives  continued  for 
five  years,  -  -  -  -  -  89 
Embargo. 

Lfdd  on  all  the  ships  and  vessels  in  the  ports 
and  harbours  of  the  United  Stages,  Decem- 
ber 22,  1807, 451 

Notes  of  cases  decided  on  the  embargo  acts  of 
Dec.  22, 1 807,  January  9, 1808,  dec,  -  461 

Supplement  to  the  embargo  act  of  December 
22,  1807, 453 

Additional  supplementary  embargo  act,  -  473 

An  act  in  addition  to  the  act  laying  an  embar- 
go, dec,  ------  499 

An  act  more  eflectually  to  enforce  the  embargo 
acts,  January  9,  1809,       -        .        -  606 

An  act  laying  an  embargo  on  the  ships  and 
vessels  of  die  United  States  for  a  limited 
time,  April  4,  1812,  -  -  -  -  700 
EnroUed  Bills, 

A  variance  between  an  engrossed  bill  and  an  en- 
rolled bill  to  be  corrected.  Resolution,  •  306 
Engineer  Corps. 

An  act  making  further  provision  for  the  corps 
of  engineers,  April  29,  1812,     -        -  720 

A  company  of  bombardiers,  sappers,  and  miners 
to  be  formed,  and  to  be  officered  from  the 
corps  of  engineers,    ...        -  720 

Appomtment  of  the  commander  of  the  corps 

of  engineers, 721 

Evidence. 

Authentication  of  public  acts,  records,  and 
judicial  proceedings  to  give  them  e£fect  in 
other  States.  Blection  of  members  of  the 
House  of  Representatives,  -  -  298 
Exportation  of  Goods* — See  Non-Eaportation  of 
Goods,  Wares,  and  Merchandise^Drawbads 
—Duties. 

Farmers*  Bank  of  .Alexandria, 

An  act  to  incorporate  the  subscriberB  to  the 

Farmers'  Bank  of  Alexandria,    -        -  629 

Fines  and  Forfeitures^ — See  Penalties  and  For- 

feitures. 
Fisheries  of  the  United  States. 

An  act  to  continue  in  force  **  An  act  concern- 
ing certain  fisheries  of  the  United  States 


INDEX, 


FiOieriei  of  the  United  States. 

and  for  the  goTemment  of  the  fiflhermen 
employed  thnein,"  and  for  other  purpoeee 
M  tfaecein  mentioned,  April  12,  1800,  (ez- 
pirad,) 36 

Continuuice  of  certain  allowanoee  to  fishing 
venelis 87 

An  act  for  the  accommodation  of  persons  con- 
cerned in  the  fisheries  of  the  United  States, 
March  16,  1803,       -        -        -        -  137 

Allowances  given  hy  certain  collectors  to  fish- 
ing Tessels  to  be  credited  at  the  treasury,  652 

Foreign  Coin. — See  Coins, 
FortiflaUions. 

Act  supplementary  to  the  act  for  fortifying  the 
ports  and  haihours  of  the  United  States,  4Ad 

An  act  for  the  preservation  of  peace  in  the 
ports  and  haihours  of  the  United  States 
continued  in  force,  April  19,  1808,  (ex- 
pired,)      -  464 

This  President  authorized  to  exchange  certain 
lands  in  North  Csrolina  for  other  lands  more 
suitable  for  fortifications,    ...  496 

Fortifications  commenced  for  the  security  of 
sea-port  towns  and  harbours  to  be  com- 
pleted,      616 

France^ — See  NonfliUereourse. 
Franking  Privilege. 

To  William  Henry  Harrison,  delegate  firom 
the  northwestom  territoiy,  -        -      4 

To  Mrs.  Martha  Washington,        -        -     19 

To  the  delegate  firom  the  territory  northwest 
of  the  Ohio  river,      ....    88 

To  John  Adams, 102 

Extended  to  any  person  admitted  to  take  a 
seat  in  Congress  as  a  delegate,  -        -  180 

Packets  and  letters  firom  Thomas  Jeflenon  to 
be  firee  of  postage,  ....  662 

Letters  and  packets  to  Thomas  Jefifenon  to  be 
firee  of  postsge,         ....  626 

See  PubUc  JDocumtnts, 

Fugitives  from  Justice  or  Labour. 

Fouiid  in  the  District  of  Columbia  to  be  de- 
livered up  by  the  chief  justice  of  the  district 
as  the  executive  and  judicial  officers  of  the 
States  are  required  to  do^  ...  116 

OaUiopoHs. 

Act  to  repeal  part  of  the  act  granting  lands  to 
the  French  inhabitants  of  Galliopolis,  -  850 
Osorgetown. 

Tlie  corporation  of  Georgetown  authorixed  to 
make  a  causeway  firom  Mason's  Island  to 
the  western  shore  of  the  river  Potomac,  310 

An  act  to  amend  the  charter  of  George- 
town,       832 

Trustees  of  the  Presbyterian  congregation  of 
Georgetown  incorporated, ...  856 

Charter  of  Georgetown  amended,  March  8, 
1809, 537 

Hie  Georgetown  Potomac  Bridge  Company 
authorized  to  borrow  money,      -        -  648 

George  Washington. 

Expenses  incurred  in  dmng  honour  to  the 
memory  of  George  WashLigton,  under  the 


George  Waskmgton, 

direction  of  the  joint  committee  of  Congress, 

to  be  paid, 83 

Resolution  that  a  marble  monument  be  erec&d 
in  the  capitol  at  Washington,  to  commemo- 
rate the  great  events  of  tho  military  and 
political  life  of  General  Washington,  -    86 
Funeral  hononn,  -        -        -        -    86 

Recommendstion  to  the  people  of  the  United 
States,  to  testify  their  grief  for  the  death 
of  General  George  Wadiingtoii,  on  the  22d 
of  February,  1820,     -  .        .    86 

Georgia. 

Circuit  Court  in  Georgia,      -        -        -  471 

Representatives  in  Congress  according  to  the 

third  census,    .....  669 

Government  of  the  United  States. 

An  act  to  make  further  provision  for  the  re- 
moval and  accommodation  of  the  govern- 
ment of  the  United  States,  April  24,  1800, 

66 
OfiBces  to  be  removed  to  Washington,  -  66 
Furniture  for  the  President's  house,  *  66 
Furniture  for  the  capitol,  -  .  -  66 
Footways  in  Washington,  -  -  .66 
Purchase  of  books  for  the  library  of  Con- 

gn»B, 66 

See  President  of  the  United  States. 

Great  Britain^ — See  Non^Interamrse-^War  wUh 

Great  Britain. 
Gun  Boats. 

Appropriation  for  the  purpose  of  buildiqg  gun 

boats, 830 

Appropriation    for    providing    an   additional 

number  of  gun  boats,  Dec.  18, 1807,  -  461 

The  sale  of  the  gun  boats  authorized,  March 

3, 1818, 821 

Half-Pay. 

Half-pay  to  widows  and  orphans^ — See  Pcfi- 


House  of  Representatives. 

Evidence  in  contested  elections  how  to  be 

taken, 89 

See  jfyportionment  of  Bepresentativss  in  Con- 

gress — Congfensation. 

Hull,  Decatur,  Jones,  and  Lieutenant  Elliott, 

Resolution  relative  to  the  brilliant  achievements 
of  Captains  Hull,  Decatur,  Jones,  and  Lieute- 
nant Elliott,  January  29,  1813,-        -  880 

Humiliation  and  Prayer. 

Resolution  requesting  the  President  to  recom- 
mend a  day  of  public  humiliation  and 
prayer, 786 

Illinois  Territory.  *• 

The  Illinois  territory  formed  out  of  part  of  the 

territory  of  Indiana,-        .        .        .614 
Organization  of  the  government  of  the  Illinois 

territory, 614 

Kiskaskia  to  be  the  seat  of  the  govenmient  ot 

the  Illinois  territory,  ....  616 
The  authority  of  the  commissionen  of  Kaskaa- 

kia  continued,  (expired,)  .        .        -  517 


844 


INDEX. 


JUmoU  Territory. 

The  right  of  saffnge  in  the  Hlmoii  territory 

extended,  May  20,  181S,  -  -  -  741 
Elections  regolated,  ....  741 
Apportionment  of  repreflentatiret  in  the  legis- 

latiue, 741 

Notes  of  acts  relatingto  the  Illinois  territory,  74 1 

Ifi^lnachmefU,  and  TnquirUt  into  rffirial  Conduct, 

Expenses  of  the  impeachment    of   Samuel 

Chase,  dec,  to  he  paid,      ...  466 

Expenses  of  the  inquiry  into  the  condact  of 

John  Smith,  a  S^ator  Ccom  the  State  of 

Ohio,  to  he  paid,       ....  468 

Impriaonnunt  for  Debt, 

An  act  for  the  relief  of  persons  imprisoned 
for  debt,  January  6,  1800,  •        -      4 

Prisoners  to  have  the  limits  of  jails  as  persons 
confined  under  process  from  state  courti,      4 

Mode  of  obtaining  discharge,         .        .      5 

Penalty  for  making  a  fidse  oath  or  affirma- 
tion,       ......      6 

Twen^  days  after  judgment  the  debtor  im- 
prisoned may  have  tibe  benefit  of  tbie  act, 
although  no  execution  has  issued,  -  6 
Indiana  Territory. 

Tenitoiy  of  Indiana  estabKshed  and  ovganixed 
by  the  act  of  May  7,  1800,        -        -    68 

Seat  of  the  government  at  Yinoennes  on  Wsp 
bashilTer, 60 

Suits  depending  in  the  counties  in  the  north- 
western territoiy ,  which  become  parts  of  the 
Indiana  territoiy,  revived,  .        -        .  108 

An  act  making  provision  fiir  the  disposal  of 
lands  in  the  Indiana  territoiy,  and  for  other 
pmposes^ 277 

An  act  to  divide  the  teiritoiy  of  Indiana  into 
two  separate  governments, ...  809 

An  act  supplementaty  to  the  «Act  making 
provision  for  the  disposal  of  the  public  lands 
in  the  Indiana  territoiy,''  and  for  other  pur- 
poses,       348 

Notes  of  acts  relating  to  the  public  lands  in 
the  Indiana  territoiy,         ...  343 

An  act  respecting  claims  to  land  in  the  In- 
diana territory,  and  State  of  Ohio^     -  396 

An  act  confiiming  land  claims  in  the  district 
of  Yincennes,  and  for  other  purposes,  March 
3,  1807, 446 

Bight  of  suffirage  extended  in  the  Indiana  ter- 
ritory,       469 

An  act  dividing  the  Indiana  territory  into  two 
separate  governments,        ...  614 

Hie  territory  of  Illinois  fonned  out  of  part  of 
the  Indiana  territory,         ...  614 

Notes  of  the  ads  for  the  establishment  of  the 
Indiana  territory,      ....  614 

Eight  of  suffinge  in  tiie  Indiana  territoiy  ex. 
tended, 696 

Delegate  to  Congress,  ....  626 

Supplement  to  the  act  extending  tiie  right  of 
suffisge  in  the  Indiana  territoiy,         -  664 

Biijbt  of  suffiage  in  the  Indiana  territoiy  ex- 
tended,  (obsolete,)  -        •        -        -  669 

Biannual  elections^       ....  669 

Penalty  on  the  person  appointed  sheriff  neglect- 
ing to  peiform  the  duties  of  the  office,  660 


Indiana  Territory. 

Persons  holding  office  excluded  fitm  the  Isgw* 

lature, 660 

Indian  TrUtet. 

An  act  for  the  preservation  of  peace  with  the 
Indian  tribes,  January  6,  1800,  .        .      6 

Notes  to  acts  for  the  preservation  of  peace  with 
the  Indian  tribes,      ....      6 

An  act  supplementary  to  flie  act  to  regulate 
trade  and  intercourse  with  the  Indian  tribes, 
April  22,  1800,        ....    39 

Persons  arrested  for  violation  of  the  laws  to  be 
taken  before  a  magistrate,        •        -      40 

Bations  tobe  allowed,  and  expenses  to  be  paid  of 
Indians  who  visit  the  seat  of  government,    86 

An  act  to  regulate  trade  and  interoourse  vrith 
the  Indian  tribes,  and  to  preserve  peace  on 
the  firontiers.  Match  30, 180S»    -        -  139 

Notes  of  regulations  of  intercourse  and  trade 
with  the  Indians,      ....  139 

Notes  of  decisions  of  the  Supreme  Court  on 
the  laws  and  treaties  widi  the  Indians,  I4i 

Notes  of  the  decisions  of  the  courts  of  the 
United  States  on  the  subject  of  the  In- 
dians,       146 

Trading  houses  with  the  Indiana.  Act  of 
April  30,  1802,  (expired,)  -        -  173 

The  act  for  estaUiihing  trading  houses  with 
the  Indian  tribes  continued  in  force  for  two 
years,  February  28, 1803,-        -        -  207 

The  Prcadent  authorixed  to  enter  into  certain 
agreements  with  the  Indian  tribes  in  Lou- 
isiana,    ......  289 

Trade  and  Intercourse  with  the  Indian  tiibea 
in  I<ouisiana  to  be  regulated^     -        -  289 

Additional  trading  houses  widi  the  Indians 
established, 838 

An  act  establishing  trading  houses  with  the 
Indians,  April  21,  1806,  (repealed,)    -  402 

An  act  for  the  relief  of  certain  Alibama  and 
Wyandott  Indians    ....  627 

An  act  supplemental  to  the  act  for  establishing 
trading  houses  with  the  Indians,         -  644 

An  act  establidiing  trading  houses  with  the 
Indian  tribes,  March  2, 1811,  (repealed,)  662 

Note  of  the  obsolete  acts  relating  to  trading 
houses  with  the  Indians,    -        -  662 

Jn/tMidions. 

Injunctions  may  be  granted  by  the  judges  of  the 
District  Courts  of  the  United  States^    418 

huohfent  D^fton. 

Act  for  the  relief  of  insolvent  debtors  within 
the  Dislrictof  Columbia,March  3, 1803,  237 
Inturrectiont, 

The  land  and  naval  forces  to  be  enqployed  m 
cases  of  insurrections,        -        -        -443 

Intereouree  with  foreign  Nationt. 

An  act  making  further  provision  for  tiie  ex- 
penses attending  the  interoourse  between 
the  United  States  and  foreign  nations, 
February  26,  1803,  (obsolete,)  -        -  202 

The  President  authoriied  to  borrow  two  mil- 
lions  of  dollars  towards  defraying  the  ex- 
penses of  intercourse  with  foreign  natioos^ 
February  13,  1806,  ....  349 

See  Non'IntercomrM    Non-hnportation, 


INDEX. 


845 


JitUmal  TooDM. 

An  Mt  to  nped  the  intomal  t•zei^  April  6, 

1808, 148 

Taxes  on  ililli  and  domeflfcie  dutiUod  fpurits, 
on  refined  eager,  lioeniee  to  reteilen,  ealee 
at  euction,  on  ceniagee,  atamped  Yellum, 
pardunent,  or  pqwr,dieoontiQaod  after  June 

18,  1808, 148 

ProiiaMiis  of  the  law  nlatife  to  oatatanding 

diiliee,dM%,      ....   148,149 

Jhvahd  PetuioHMs    See  Pmriuu, 

Jnventioni^-'Stt  PattnUj&r  u$efid  Jmmtiimg, 

JachoH,  JT.  /.,  Mmiiifr  PlmipoUtUiarif  from  Oreat 

Britain, 
Beeolation  oeniuring  hie  conduct,  -        -  618 
/ndiaafy. 

Siiila  reri^ed  in  the  Circuit  Court  of  Penn- 

syWania,  which  were  dieoontinued  by  the 

friluie  to  hold  the  Circuit  Court  in  October, 

1799 3 

Juroratobeeummoned  to  April  term,  1800,  3 
Time  of  holding  the  Dietrict  Court  in  North 

Carolina  altered,  (obeolete,)  .  -  18 
Peraona  emplojed  in  public  aiaenala  exempted 

from  aerving  on  juriea,  -  -  -  88 
Mode  of  deaignating  jurara  to  mme  in  the 

courta  of  the  United  States,  .  *  83 
An  act  to  provide  for  the  more  oonTenient  or. 

ganiiation  of  the  courts  of  the  United  Sutes, 

Fehmaiy  18,  1800,  (repealed,)  -  -  89 
An  act  to  amend  the  judicial  ayetem  of  the 

UnHed  fiitates,  April  89,  1808,  -  .  166 
Supreme  Court  to  be  hdden  at  Wadiington, 

its  sesrions, 156 

Notes  of  acts  to  establish  the  judicial  courts  of 

the  United  Statea,    -        •        •        -  166 

Circuit  Courts, 167 

Notes  of  the  acta  of  Congress  which  regulate 

the  'original    juriadiction   of   the  (^uit 

Courts, 157 

Notes  of  dedrions  of  courts  of  the  United  Stotea 

oDfhejurisdiction  of  the  Circuit  Courts,  167 
Allotment  of  the  circuits  among  the  judges  of 

the  Supreme  Court,  ....  158 
Disagreement  in  opinion  between  the  judges 

of  the  Circuit  Court,  .  .  .159 
Notes  of  decisions  of  the  Supreme  Court  on 

questions  adjourned  from  the  Circuit  Court, 

aa  to  the  form  of  the  certificate  and  the 

matters  to  be  adjudicated  by  the  Supreme 

Court, 169 

Organization  of  the  Circuit  Courts,  168,  168 
Cognisance  of  proceedings  under  commisaons 

of  bankruptcy,  and  appointment  of  commia- 

sioners  of  buikmpts,  .  .  -  164 
Proceeding  upon  a  petition  for  a  eonuniarion 

of  bankruptcy, 164 

District  Courts, 166 

Manhals, 166 

District  attorneys,  .  .  .  -  165 
Courts  in  the  District  of  Columbia,  -  \3Sl 
Testimony  of  witnesses  in  chancery  suits  may 

be  taken  in  writing  ....  166 
Clerit  of  the  District  Court  in  Noriblk,  -  166 
Terms  of  the  District  Court  in  Vermont,  167 


MUeiary, 

An  act  further  in  addition  to  an  «Act  to 
amend  the  judicial  system  of  the  United 
Statea,** 471 

Circuit  Court  of  the  aecond  circuit,        .  471 

Circuit  Court  of  Georgia,     .        ...  471 

Dirtrict  Court  of  North  Carolina,  -        -  471 

The  act  to  extend  jurisdiction  in  certain  eases 
to  state  judgea  and  state  courts  continued  in 
force, 489 

An  act  supplementaiy  to  an  act  to  amend  the 
act  entitled  «An  act  establishing  Circuit 
Courts,  and  abridging  the  juriadiction  of  the 
District  Courts  of  Kentucky,  Tennessee, 
and  Ohio»" 516 

An  act  to  amend  the  judicial  system  of  the 
United  States,  March  8, 1809,    -        -  684 

Appointment  of  an  additional  judge  in  the 
Miasiuippi  territory  to  reside  in  MadiMn 
county,  (obsolete,)    .        .        .  *    .  568 

executions  may  be  issued  on  judgments  or 
decrees  in  the  General  Court  or  Court  of 
Chancery  of  the  territory  of  Indiana,  aa  if 
the  territory  had  not  been  dindod,      -  748 

See  Coitrit^-Cvrcwi  C<mrt§—Ditirici  CowrU. 
Jury, 


PerMma  employed  in  public  arsenals  exempted 
firom  aerring  on  juries^      -        -        -    68 

Jurors  to  serve  in  the  courts  of  the  United 
States  to  be  designated  fay  lot  or  otherwise 
in  each  State,  according  to  the  mode  of 
forming  juries  to  serve  in  the  highest  court 
of  law  therein,  aa  fiur  aa  pnieticBble  in  the 
courts  of  the  United  States,       -        -    88 

Katkatkiaf-'-Qw  PMie  Landt. 

Keniudey. 

Circuit  Court  in  Kentucky,  -         -  480,  516 

Representatives  in  Congrpss  accorduig  to  the 

third  census,    .....  669 

La  Fayette. 

Land  warrants  to  General  La  Fayette,  -  836 
Land  Lawt» 

An  act  providing  for  the  printing  and  distribut- 
ing of  such  laws  of  the  United  States  as 
respect  the  public  landa,  April  87, 1810,  589 
Land'Ofice. 

An  act  for  the  eatablishment  of  a  general 
land-office  in  the  department  of  tfiie  trea- 
sury, April  85, 1818,         -        .        -  716 

Lamda  taken  in  Executiom  far  Debit  to  the  United 
Slatet. 
The  marshab  may  aell  the  interest  in  landa 
delivered  to  the  United  States  in  satidaction 
of  judgments  in  those  states  where  landa 
are  ao  delivered,        -        -        -        -    61 
Sales  made  by  collectors  confirmed,        .    61 
Sales  by  sucoesaorB  of  manihala,    .        .61 

Lawt  of  the  Iknied  Statet. 

An  act  providing  for  a  more  extensive  distri- 
bution of  the  laws  of  the  United  Statea,  808 
An  act  for  the  diapoaal  of  certain  copies  of  the 
LawsofUnitedStatea,January8,180d,  808 

4b2 


846 


INDEX. 


library  of  Congrta, 

Aji  act  conoeming  the  Hbruy  of  CongreaB  fi)r 

the  use  of  both  honeee,  Jan.  36,  1802,  128 

Notes  of  the  acts  passed  rclatiTe  to  the  lifaraiy 

of  Congress  and  the  librazian,    -        -  128 

The  agent  of  the  joint  libraiy  committee  to 

have  the  use  of  &e  Ubraiy,        -        -  612 

A  further  appropriation  for  die  support  of  a 

libraiy,    ------  667 

JJghi'Houset,  BeeLcons^  and  Buoyg, 

Light-house  at  New  London,  -  -ST 
At  Claik's  Point,  .  -  -  .  57 
At  Wigwam  Point,  -  -  .  .  67 
On  Cape  Poge,  .  -  •  -  .  88 
At  New    Point    Comfort,  and  on   Smith's 

Point, 126 

On  Faulkner's  Island  in  Long  Island  Sound, 

126 
Buoys  in  Nairaganaet  Bay,  -  •  -  126 
Light-house  on  Gumefs  Point,  •  •  160 
On  New  Castle  Island,  Piscataqua  river,  160 
On  Pollock's  Rock,  New  Hampshire,  -  160 
On  Lynde's  Poin^  Connecticut,  •  •  161 
On  Long  Island,  ----.-  161 
At  the  entrance  of  St  Mary's  river,  -  161 
At  Penobscot  Boy,  -  -  -  -  228 
At  St  Simon's  Island,  buoys  there,  -  270 
At  Clark's  Point  within  the  town  of  New 

Bedford, -271 

At  Five  Mile  Point,  near  the  harbour  of 

New  Haven, 271 

At  the  mouth  of  the  river  MisaisBippi,  •>  294 
At  Capo  Lookout,  in  North  Carolina,  -  294 
A  beacon  at  Sandy  Hook,  -  -  -  294 
Light-houae  on  Long^Island,  on  Watch  Hill 

Point, 849 

On  Wood  Island  or  Fletcher's  Neck,  and  West 
Passamaquoddy,       -        .        -        -  366 
On  Franklin  Island,  Massachusetts,        -  496 
Beapons  to  be  placed  m  the  harbour  of  Bridge- 
port, Connecticut,  Bluff  Shoal,  Royal  Shml, 
Northwest  Straddle,  and  Southwest  Strad- 
dle, in  Pamptioo  Sound,  North  Carolina,  406 
Light-houses  at  Fair  Weather  and  Nai^ua 

Island, 414 

Light-house  on  Smith's  Point,  l^rginia,  -  414 
On  North  Idand,  South  Carolina,  -  -  414 
Buoys  and  stakee  to  be  placed  in  Winyaw 
Bay,  North  Carolina,  -  -  -  414 
Buoys  and  beacons  in  the  harbour  of  Salem, 

Massachusetts, 414 

On  Point  Judith,  Rhode  Idaiid,  -  -  462 
Light-house  on  the  south  point  of  the  island 

of  Sapelo, 476 

Beacons  and  buoys  on  the  inlet  leading  to 

Darien^ 476 

Near  the  entrance  of  Ipswich,  near  Plymouth 
harbour,  befine  the  harbour  of  Nantucket, 
and  on  the  island  of  Tuckanuck,  at  the  en- 
trance of  Connecticut  river,  and  near  the 
entrance  of  Great  Egg  Harbour,        -  476 
A  light^iouse  to  be  erected  at  the  entrance  of 
Sdtuate  harbour,      •        -        •        -  611 
A  beacon  in  Boston  harbour,         -        -  61 1 
A  fight-honse  near  the  entrance  of  Bayou  St 
John  and  Lake  Poncfaartrain,  Orleans  terri- 
tory,        611 


JJght'Houses,  Beaconif  and  Buoyt, 

Light-house    on    Boon    Island,    Maasadra* 

■etts, 669 

Buoys  off  Cape  Fear,  -        -        -        -  669 
At  ^e  entrance  of  Edgartown,      -        -  669 
A  column  on  Cape  Elizabeth,       •        -  669 
Beacons  and  buoys  at  the  entrance  of  Beverly 
harbour,  .--...  669 
The  President  of  the  United  Sutes  autfunized 
to  purchase  from  Winsk>w  Lewis  his  patent 
right  for  a  new  and  improved  method  of 
Hghting  light4iou8e8,         .        -        .  691 
lAght  Money, 

An  act  for  imposing  more  specific  duties  on 
the  importation  of  certain  articles,  and  for 
laying  and  collecting  light  money  on  fi>- 
reign  ships  or  vessels,  and  tot  other  pur- 
poses,       299 

Xoofu. 

An  act  authorizing  a  loan  not  exceeding  six- 
teen millions  of  dollars,  Feb.  8, 1818,    798 

See  Dtht  of  the  United  Statu, 
Lomgiantt, 

Act  to  enable  the  President  of  the  United 
States  to  take  possession  of  Louisiana  ceded 
by  France^  and  for  the  temporary  govern- 
ment thereof  October  31,  1803,-        -  246 

Expenses  of  Uie  civil  government  of  Lou- 
isiana,      -  272 

Louisiana  divided  into  two  tenitorie%  and  a 
temporary  government  thereof  provided, 
March  26,  1804,      -        -        -        .  283 

Notes  of  acts  nhSang  to  Louisiana  prior  to 
March  26,  1804,       -        -        -        .  283 

Laws  of  the  United  States  to  be  enforced  in 
Louisiana, 283 

Organization  <^  die  government  of  die  tenitoiy 
of  Orieans, 283 

Organizationof  the  territory  of  Louisiana,  287 

Notes  of  decisions  of  the  Supaneme  Court  on 
Louisiana  land  titles,        .        -        •  288 

Notes  of  acts  which  have  been  passed  relating 
to  land  and  land  titloa  in  Louioana,    -  324 

Powers  of  the  surveyor-general  of  the  tenitoiy 
of  Louisiana  eztoided,      -        -        -  363 

An  act  for  ascertaining  and  adjusting  land 
daims  in  the  territory  of  Orleans  and  dis- 
trict of  Louisiana,    •        -      *  -        -  301 

An  act  to  enable  the  people  of  the  territory  of 
Orleans  to  form  a  constitotion  and  state  go- 
vernment, and  for  the  admisrion  of  such  state 
into  the  Union  on  an  equal  footing  with  the 
original  states,  and  for  o&ier  purposes,  Febru- 
ary 20,  1811, 641 

An  act  for  die  admission  of  Louisiana  into  the 
Union,  April  8, 1812,       -        -        -  701 

Notes  of  decisions  of  the  Supreme  Court  of 
the  United  States  on  die  extension  of  the 
laws  of  the  United  States  to  Louisiana,  and 
on  the  practice  of  the  courts  of  the  United 
States  in  the  district  of  Louisiana,      -  701 

Supplement  to  the  act  for  the  admisnon  of  Lou- 
isiana into  the  Union,  May  22, 1812,-  743 

Judicial  proceedings  in  the  District  Cooxt  of 
the  territory  transferred  to  the  District  Comt 
established  by  die  act  of  April  8, 1812»  743 


INDEX. 


847 


XoMtiafuiy  Ditirid  of. 

An  act  providing  Ua  the  goremment  of  the 
district  of  Louisiana,  March  8, 1805,  -  381 
See  Orleana  and  Louitiana  Territories. 

MaU  of  the  Umted  StaJtet. 

teamboats  may  carry  the  mail,  February  27, 

1818, 806 

A  po8t-Toa4  from  Notches  to  Nachitoches  eata- 

bliabed, 806 

SeePo^Q^Eee. 

District  Court  in  Maine,        -        -  667,  829 
Map94 — See  Copyright, 
iHarine  Carpi. 

Rank  and  pay  of  the  commanding  officera  of 

the  marine  corps,      -        -        -        -    89 

An  act  authorizing  an  augmentation  of  the 

marine  corps,  March  8,  1809,    -        •  644 

Marshals  of  the  United  States. 

An  act  relating  to  the  bonds  given  by  mai^ 

ahals,  April  10,  1806,        -        -        -  872 

Notes  of  the  decisions  of  the  courts  of  the 

United  States  as  to  the  duties,  powers,  and 

liabilitiea  of  marsha]s,       ...  872 

Additional  compensation  to  the  marshals  of 

North  Carolina  and  New  Jeraey,        -  468 

Maryland. 

Representatives  in  Congress  according  to  the 

third  census, 669 

Massachusetts. 

Circuit  Court  in  Massachusetts^     -        -  696 

Representatives  in  Congress  according  to  the 

third  census, 669 

Mechama^  Bank  of  Alexandria. 

Incorporation  of  the  Mechanics'  Bank  of  Alex- 
andria, May  16,  1812,  -  -  -  786 
Midngan  Territory. 

Territory  of  Michigan  taken  from  the  territory 
of  Indiana,      .....  309 

Establishment  of  the  boundaries  and  govern* 
ment  of  the  territory  of  Michigan,     -  309 

Adjustment  of  titles  to  land  in  the  town  of 
Detroit  and  territory  of  Michigan,      -  898 

Grants  and  sales  of  land  in  tl^  territory  of 
Michigan  regulated,  March  8,  1807,      437 

Notes  of  acts  which  have  been  passed  relating 
to  the  sales  of  lands  in  the  territory  of 
Michigan, 437 

An  act  of  the  governor  and  judges  of  the 
Michigan  territory  entitled  « An  act  con- 
cerning the  Bank  of  Detroit,"  disi^proved 
o(  March  8,  1807,    -        -        -        -  444 

An  act  supplemental  to  an  act  regulating  the 
grants  of  land  in  the  territory  of  Michigan, 
April  25,  1808,  -  -  -  -  602 
MiMtary  Academy, 

Established  April  29,  1812,  -        -        -  720 

Organization  of  the  military  academy,    -  720 

Profeason^  ......  720 

Cadets, 721 

MiHtary  BomUy  Lands. 

An  act  to  ascertain  the  boundary  of  the  land 
reserved  by  the  State  of  Virginia  for  the 
satiafiurtion  of  her  officers  and  soldiers  on 


MiHtary  Btmnty  Lands, 

continental  establishment,  and  to  limit  the 
period  for  locating  said  land,  March  28, 
1804, 274 

Notes  of  acts  relating  to  Virginia  military 
bounty  lands, 274 

An  act  to  provide  for  designating,  surveying, 
and  granting  the  military  bounty  lands, 
May  6,  1812, 728 

Notes  of  the  acts  relating  to  the  military 
bounty  lands  appropriated  for  services  in  the 
war  between  the  United  States  and  Great 
Britain, 728 

An  act  to  ascertain  the  western  boundary  of 
the  tract  reserved  for  satisfying  the  military 
bounties  allowed  to  the  officers  of  the  Vir- 
ginia line  on  continental  establishment, 
June  26,  1812,         -        -        -        -  764 

See  Public  Lands. 

MUitary  Establishment, 

An  act  for  completing  the  existing  military 
establishment,  December,  24,  1811,    -  669 

The  President  authorized  to  raise  certain  com- 
panies of  rangers,  January  2,  1811,    -  670 

An  act  to  raise  an  additional  military  force, 
January  11,  1812,    -        -        -        -  671 

The  purchase  of  ordnance,  ordnance  stores, 
camp  equipage,  and  other  quartermaster's 
stores  and  small  arms  authorized,        -  674 

Supplement  to  the  act  to  raise  for  a  limited 
time  an  additional  military  force,         •  685 

See  Public  Land»-^rmy  of  the  United  States. 
MUitary  Land  Warrants. 

Further  time  to  the  holders  of  military  land 
warrants  allowed,      ....      7 

The  priority  of  location  of  the  warrants  and 
of  warrants  registered  under  prior  act  shall 
be  decided  by  lot,  and  a  day  for  the  location 
ahall  be  fixed  by  the  Secretary  of  the  Tre»- 
"ory, 7 

Further  time  for  locating  military  land  war- 
rants, March  19,  1804,      -        -        -  271 

An  act  to  authorize  the  Secretary  at  War  to 
inue  military  land  VTarrants,  and  for  other 
purposes,  March  2,  1805,  -        .        -  329 

The  Secretary  at  War  authorized  to  issue 
military  land  warrants,  April  16, 1806,  378 

Surveys  to  be  made  ofthe  quarter  townships,  378 

Time  for  issuing  nuUtary  land  warrants  ex- 
tended to  March  1, 1810;  March  1,  1808, 
(obsolete,) AT/ 

The  time  for  issuing  military  land  warrants 
extended,  Dec  19,  1809,  (obsolete,)  -  665 

The  time  for  locating  Virginia  military  land 
warrants  extended,  and  for  returning  sur- 
veys thereon  to  tfie  Secretary  at  War,    689 

MUitary  Peace  Establishment, 

An  act  fixing  the  military  peace  establish- 
ment of  the  United  States,  March  16, 
1802, 132 

An  act  in  addition  to  «  An  act  fixing  the  nu- 
Utary peace  establishment  of  the  United 
States,"  February  28,  1803,       -        -  206 

Additional  surgeons'  mates  to  be  appointed, 
March  26,  1804>       -        -        -        -  290 

Equivalent  for  whiiakey  to  the  troops,     •  290 


848 


INDEX. 


MUUia, 

Penont  employed  in  public  anenils  exempted 
from  military  duty,    -        •        -        -    62 

An  act  in  addition  to  an  act  entitled  «  An  act 
mora  effisctaally  to  provide  for  the  national 
defence  by  eetaUia^g  an  nniform  militia 
tfaiougfaoat  die  United  States,  Mazch  2, 
1803, 807 

Militia  of  the  Diatrici  of  Cdnmbia^  Act  of 
Mareh  3,  1803,         .        -        -        -  216 

An  act  directing  a  detachment  of  the  militia 
of  the  United  States,  and  for  erecting  oer. 
tain  anonala,  March  8,  1808,     •        -  241 

The  President  authoriied  to  caSl  on  the  eze- 
eotiTes  of  the  several  States  to  hate  their 
proportions  of- the  militia  ready  for  imme- 
diate service,  April  18, 18Q8,  (oqnred,)  883 

Sendee  of  volunteer  corps  may  be  accepted,  883 

A  detachment  of  the  militia  authorized,  -  479 

General  officers  to  be  appointed  by  the  Pre- 
sident,    -        •        -        -        -        -  479 

An  act  making  provision  for  arming  and  equip- 
ping the  whole  body  of  the  militia  of  the 
United  States,  April  23,  1808,  (obsolete,) 

490 

An  act  to  authorize  a  detachment  of  the  mili- 
tia of  the  United  Stetes,  (obsolete,)    -  706 

Notes  of  the  decisions  of  the  oonrto  of  the 
United  Stetes  on  the  laws  relating  to  the 
militia,    ...        -  .  706 

Militia  in  the  District  of  Columbia,  July  1, 
1812, 769 

Fines  imposed  by  oourte  martial  to  be  certified 
to  t)u)  comptroUer  of  the  treasury.  Act  of 
February  2, 1813,    -        -        .        .  797 

Marahals  to  pay  fines  into  the  treasury  within 
two  months  after  they  are  collected,    -  797 

Pey  of  non-commianoncd  officers,  musicians, 
and  privates  in  the  militia,         -        -  797 

Jftiif. 

An  act  reelecting  the  mmt,  April  24, 1800, 

63 

Appropriation  for  the  purchase  of  copper,    64 

Part  of  bullion  deposited  retained  for  the  ex- 
pense of  refining,     -        -        -        -    64 

Mint  to  remain  in  Philadelphia  until  March, 
1801,  (obsolete,)       ....    86 

Mint  to  remain  in  Philadelphia  until  March 
4,  1803,  (obsolete,)  -        -        -        -  111 

Notes  of  tlM  acta  vrhich  provide  for  the  ex- 
amination of  the  coins  at  the  mint,     -111 

Continuance  of  the  mint  at  Philadelphia  pro- 
longed, March  3,  1804,     -        -        .242 

The  mint  continued  at  Philadelphia  for  five 
yean,  April  1,  1808,  (expired,)  -  481 

The  continuance  of  the  mint  at  Philadelphia 
further  prolonged,  December  2, 1812,  (obso- 
lete,)        787 

Jfiimi^pin  Territory. 

Organization  d  the  Mississippi  tenitc»y ,  (obso- 

lete,J 69 

Commissionen  may  finally  settle  with  Georgia 

by  compromise,  -  -  -  -  70 
May  inquire  mto  the  claims  of  individuals,  70 
Survey  of  lands  in  the  MiasiaBippi  territory,  233 
Act  rfgulating  grante  of  land  and  for  tiie  dis- 


MiuiMtippi  Territory, 

posal  of  the  pubEc  lands  south  of  the  State 
of  Tennessee,  .....  323 

A  land-office  established  in  the  Mississippi 
territory,- 440 

Sight  of  suffiage  in  Mississippi  territoiy  ex- 
tended,     466 

A  delegate  to  Congress  to  be  elected,     -  465 

Pro«mption  rigfate  in  the  Mississippi  terri- 
tory,         466 

Land  ceded  by  the  Cherokees  to  be  offered 
for  sale,  June  16,  1809,     -        -        -  648 

The  right  of  sufiirage  extended  to  the  dtixens 
of  Madison,  in  the  Mississippi  territoiy,  663 

The  legislature  of  the  Mississippt  tenitoiy  au- 
thorbed  to  estebliah  courts,        -        -  664 

An  act  to  enlarge  the  boundaries  of  the  Mia- 
sisrippi  territoiy.  May  14,  1812  .        .  734 

An  act  confirming  claims  to  lands  in  the  Mia- 
sissippi  tenitoiy,  founded  on  warranto  of 
survey  granted  by  the  British  or  Spaniah 
authorities,       .....  766 

The  Stete  of  Georgia  requested  to  assent  to 
the  formation  of  two  States  of  the  Missis- 
sippi territoiy,  June  17,  1812,  .        -  786 

iftnovrt  Territory. 

An  act  providing  for  the  government  of  the 
territoiy  of  Missouri,  June  4, 1812,  (obso- 
lete,p 743 

Organiation  of  the  government  of  the  terri- 
tOTy, 743 

Decisions  on  land  titles  in  Miasouri,       -  748 

An  act  making  forther  provision  for  BettHng 
the  claims  of  land  in  Missouri,  .        •  748 

An  act  giving  further  time  for  delivering  evi- 
dence in  support  of  claims  to  land  in  the 
territmy  of  Missouri,  and  for  regulating  the 
donation  grante  therem,  March  3, 1818,  812 

Notes  of  acta  paased  relative  to  lands  in  Mis- 
souri,     ...        -        -        .        -  812 

Notes  of  decisions  of  the  Supieme  Court  on 
land  titles  in  Missoaii,      •  -812 

lfoM2e^-8ee  PMic  Lande. 


NaturaUxaXwn. 

An  act  to  estaUidi  an  uniform  rule  of  natma- 
liiation,  and  to  repeal  the  acte  heretofore 
paased  on  that  subject,  April  14,  1802,  163 
Notes  to  the  acte  relating  to  naturalisation,  163 
An  act  in  addition  to  «  An  act  to  establish  an 
uniform  rule  of  naturalisation,  and  to  repeal 
the  act  heretofore  passed  on  the  subject 
March  26,  1804,       ....  292 

Naval  Peace  EstabUehmenX. 

An  act  supplementary  to  the  act  providing  for 
a  naval  peace  establishment,  and  for  other 
puipooes,  March  27,  1804,         -        •  207 

Repeal  of  the  second  and  fourth  sectioos  of 
the  act  of  March  8,  1801,  •        -890 

The  President  may  keep  in  service  in  time  of 
peace  as  many  frigates  as  he  may  think  n^ 
ceesaiy,  (repealed,)  ....  890 

Tobe  armed  ai>dofikfvedashe  may  choose,  800 

Additional  seamen  may  be  employed,  March 
3,  1807, 443 


INDEX. 


840 


An  act  eftaUiflhmg  nsvy  hotpitaliy         •  650 

JPiivy  of  the  Vmttd  States, 

An  act  for  the  better  gOTeroment  of  the  navy 

of  the  United  States,  April  33,  1800,  -  45 
Sulee  and  regulations  Sat  the  gOTenunent  of 

the  navy,  *  -  •  *  45  to  53 
Naval  coQits  martiBl,  -  -  -  50  to  52 
Regnlatbna  in  caae  of  capture  of  veaaela  of  the 

United  States, 58 

Priie  money,  and  diatribation  of  priae  mo^ 

n«y» 

Boon^  for  the  capture  of  peraona  on  board  a 
diip  or  Teasel  at  the  commencement  of  an 
iengagement,    -        .        -        •        -    58 

Appropriation  of  the  part  of  captured  property 
to  the  navy  pension  fund,  -        -    53 

An  act  providing  for  the  naval  peace  establiah- 
ment  of  the  United  Statee,  and  for  other 
purpoaea,  (obsolete,)         -        -        -  IIO 

President  may  cauae  certain  public  veaaela  to 
be  aold ;  aix  fiigatea  retained,     -        -  110 

Navy  reduction,  -        •        -        -        -  110 

Number  of  offioera  retained,-        -        -  111 

8ale  of  a  piece  of  land,  part  of  the  navy  yard 
m  Charleatown,  Massachusetts,  -        -  199 

An  act  authorizing  the  employment  of  an  ad- 
ditional naval  foroe^  January  81,  1809,  514 

The  Preaident,  in  the  event  of  a  fiivourable 
diange  in  the  foreign  relations  of  the  United 
States  anthoriaed  to  diacharge  and  lay  up 
in  ordinary  such  of  the  fiigatea  as  he  may 
deem  proper,Juiie  38, 1809,  robaolete,)  558 

An  act  concerning  the  naval  estakirimient,  699 

Note  of  acta  relating  to  the  navy  of  the  United 
Statea, 699 

An  act  to  increase  the  navy,  January  3, 
1818, 789 

An  actaupplementaiy  to  the  act  for  increasing 
the  navy,  March  8,  1818,  -        -        -  831 

SUx^  of  warto  be  buih,        -        -        -  881 

Teasels  to  be  prepared  for  the  lakea,       -  831 

The  President  may  contract  for  building  foorty- 
four  gun  frigates,      -        -        -        -  831 

Kavff  Pentioni, 

An  act  providing  for  navy  penaiona  in  certain 

case%  January  20, 1818,  ...  790 
An  act  regulating  pensioiia  to  peraona  on  board 

private  armed  aliips,-        -        •        -809 

Kavff  Peruion  Fumd. 

The  money  ariaing,  or  which  haa  aoemed  to 

the  United  Statea  from  the  aak  ef  priies^  to 

be  appropriated  to  the  navy  penaion  fund,  58 
Management  of  the  navy  penaion  fund,  -  58 
An  act  to  regulate  the  navy  pension  fund, 

March  86, 1804,  -  -  -  -  393 
Notea  of  dedaions  of  the  Supreme  Court  on  the 

acta  relating  to  the  navy  penaioa  fund,  398 

Circuit  Court  in  New  Hampahire,         •  696 

Repreaentativea  in  Congress  according  to  the 

third  census, 669 


Ntw  OrUam, 

A  custom-house  authorized  to  be  built  at  Nevr 

Orleans, 418 

A  lot  granted  to  the  corporation  of  New  Or- 
700 


New  Jeney. 

Repreaentativea  in  Congreaa  according  to  the 

third  census, 669 

Vol.  n.— 107 


New  York. 

Repreaentativea  in  Congress  according  to  the 

third  census,    .....  669 
An  additional  diatiict  judge  appomted  for  New 

York,  Aprfl  39, 1813,        .        .        .719 
Organization  of  the  District  Court  of  New 

York,  (repealed,)      -        -        -        -  719 
District  Court  in  New  York,         -        -  815 

Nan-Importation  Lowe. 

An  act  to  prohibit  the  importation  of  certain 
gooda,ware8,and  merchandise,  (importation 
from  Oreat  Britain,)  ...  879 

Non-intercourw  act  of  April  18,  1806,  aus- 
pended, •411 

Supplement  to  the  act  of  April  18,  1806,  to 
prohibit  the  importation  of  certain  goods^ 
warea,  and  merchandise,  February  27, 1808, 
(repealed,) 469 

Non-JntereourMe, 

An  act  to  interdict  the  commercial  intercourse 
between  the  United  States  and  Great  Britain 
and  their  dependencies,  and  for  other  pur- 
poses, March  1, 1809,  (expired,)        .  538 

Notea  df  caaea  decided  on  the  non4nteroourse 
lawa,^ -538 

Ships  and  veaaela  of  nations  with  whidi  in- 
tercourse is  permitted  by  act  of  March  1, 
1809,  may  depart  with  cargoea  to  porta 
with  which  intercourse  is  permitted,    -  547 

Certain  parte  of  the  non-interoourae  act  of 
March  1,  1809,  continued  in  force,     -  550 

Penalties  under  the  act,        ...  550 

An  act  concerning  the  commercial  interoouraa 
between  the  United  States  and  Great  Britain 
and  France  and  their  dependencies,  and  lor 
otherpurpose8,May  1,1810,  (repealed,)  605 

Britiah  and  French  veaaela  not  permitted  to 
enter  the  harboura  of  the  United  Statea  but 
in  certain  cases^        ...        -606 

Supplement  to  the  act  concerning  the  com- 
mercial intercourse  between  tiie  United 
Statea  and  Great  Britain  and  France^  March 
3,1811,  (repealed,)-        -        -        -651 

Veaaela  chartered  and  laden  on  account  of  the 
govenunent  of  the  United  Statea,  may  be 
pemutted  to  depart  from  the  porta  of  the 
United  Statea^ 719 

An  act  to  prohibit  the  exportation  of  apede^ 
goods,  warea,  and  merehandiae  for  a  limited 
time,  April  14,  1813,         -        -        -  707 

Dedaiona  of  the  courta  of  the  United  Statea 
on  the  non-interoonrse  acta,       -        -  707 

Norfolk. 

Relief  of  the  sufierera  by  fire  at  the  town  of 
Norfolk, 878 

North  Carolina. 

Time  of  hoUing  tiie  District  Court  altered, 

act  of  Mardi  19,  1800,  (obaolete,)     -    18 
LawB  of  the  United  Statea  to  be  tranamitted 

to  the  governor  of  Nortii  Carolina,    •    87 


860 


INDEX. 


North  Carolina, 

Difltrict  Court  in  North  Carolina,         -    413 

The  report  of  the  chart  of  the  survey  of  the 
coast  of  North  Carolina  to  be  published,  449 

District  Courts  in  North  Carolina,     471,  675 

Representatives  in  Congress  according  to  the 

third  census, 669 

Korthwestem  Territory  of  Ohio, 

Territory  northwest  of  the  Ohio  divided  into 
two  territorial  governments,  one  the  North- 
western Territory  of  Ohio,  and  the  other 
the  Territory  of  Indiana.  Act  of  May  7, 
1800, 68 

Seat  of  the  government  of  Ihe  Northwestern 
Territory  of  Ohio,  established  at  Chili- 
cothe, 69 

Compensation  of  the  delegate  fitxm  the  territory 
northwest  of  the  Ohio,      -        -        -    88 

Oatht  and  AffimuUioiu, 

Form  of  the  oath  or  affirmation  under  the  act 
providing  fiir  the  second  census,-        -    87 
Ordnance, 

An  act  for  the  better  regulation  of  the  ord- 
nance, May  14,  1818,       -        -        -  732 

Note  of  acts  fox  the  regulation  of  the  ordnance 
department, 782 

See  Jrmy  of  the  United  Statee, 
O/iio. 

Act  to  enable  the  people  of  Ohio  to  form  a 
state  goverrunent,  and  for  the  admission  of 
Ohio  into  the  Union,  April  30, '1802,  -  173 

An  act  to  provide  for  the  execution  of  the 
laws  of  the  United  States,  within  the  State 
of  Ohio,  -        -        -        -        -        -  201 

Act  m  addition  to  the  act  of  April  30,  1802, 
providing  for  the  admission  of  Ohio  into 
the  Union, 226 

Act  for  the  relief  of  the  governor,  secretary, 
and  judges  of  the  late  territory  northwest  of 
the  river  Ohio,  February  26,  1806,    -  360 

Sale  of  a  tract  of  land  in  the  town  of  Cin- 
ciimati,  Ohio,  ....        -  862 

An  act  respecting  the  claims  to  land  in  the 
Indiana  territory,  and  State  of  Ohio,  April 
21,  1806, 396 

Time  for  holding  the  District  Court  of  Ohio 
altered, 568 

Representatives  in  Congress  according  to  the 
third  census, 669 

The  President  to  cause  the  sarveyor^neral 
to  designate  the  western  and  nor^em  boun- 
daries of  Ohio,  -        -        -        -  741 
OrUam  and  Louitiana  Territoriei. 

Claim  of  New  Orleans  to  the  commons  con- 
firmed,     440 

Rights  under  French  and  Spanish  governments 
not  to  be  impaired,   ....  441 

Claims  to  be  divided  according  to  the  usages 
of  the  French  and  Spanish  governments 
in  certain  cases,         -         -        -        -  441 

Regulations  as  to  giving  titles  to  lands  so 
claimed,  .-----  441 

Land  claims  in  the  territory  of  Orleans,    617 

An  act  for  registering  claims  to  land  in  the 
territory  of  Orleans,  April  14,  1612,   -  709 


OrJeane  and  Louitiana  Territoriet. 

Notes  of  the  decisions  of  the  Supreme  Court 
of  the  United  States  on  the  titles  to  land  in 
that  part  of  Louisiana  which  lies  east  of 
the  Mississippi  and  island  of  Orieans,    718 

Paymaxter'General  of  the  United  States, 

Compensation,     -        -        -        -        -    88 
Pay  of  the  Army  and  Navy^    See  Army  of  the 
United  Statee^Naoy  of  the  UniUd  Statet, 
Pateporte  for  Shipt  and  VeeteU. 

An  act  supplementary  to  the  act  entitled 
« An  act  providing  passports  for  the  ships 
and  vessels  of  the  United  States,**  Mareh  8, 

1803, 206 

Patente  for  uteful  Inventions, 

Privilege  of  obtaining  patents  for  useful  inven- 
tions extended  to  aliens  having  resided  two 
years  within  the  United  States,  -        -    87 

Provisions  relating  to  sudi  patents,         -    88 

The  legal  representatives  of  a  deceased  in- 
ventor may  obtain  a  patent,       -        -    88 

Damages  for  breach  of  patent  right,  and  mode 
of  recovering,  -        -        -        -        -    88 
Patente  for  Lands. 

Patents  to  be  given  for  lands  under  lesolutioii 

warrants  issued  by  the  State  of  Virginia,    80 

Peace  Establishment, — See  Military  Peace  Etta^ 

blishment — Naval  Peace  Establishment, 
Penalties  and  Forfeitures. 

The  fourth  section  of  the  act  relating  to  r»> 
mission  of  penalties  and  forfisituies^  (re- 
pealed,)   7 

Penalties  and  forfeitures  under  the  non-inter- 
oourae  act  of  April  18,  1806,  remitted,    41 

The  President  authorized  to  remit  penalties 
and  forfeitures  in  the  case  of  certain  fugitives 
from  Cuba,  incurred  under  the  act  prohibit- 
ing the  slave  trade,   ....  649 

The  President 'authorized  to  grant  remissions 
of  fines  and  forfeitures  in  the  District  of 
Columbia, 762 

The  Secretary  of  the  Treasury  to  remit  certain 
fines  incurred  in  the  importation  of  goods 
from  Great  Britain,  on  terms,     -        .  789 

Remission  of  penalties  and  forfeitures  on  goods 
imported  and  introduced  into  the  United 
States,  not  clandestinely,  from  the  dependen- 
cies of  Great  Britain  and  Ireland  since  the 
declaration  of  vear,  Feb.  27,  1813,  .  804 
Pemuyhania, 

Representatives  in  Congress  according  to  the 
third  census,    .        .        -        •        .  669 
Pensions, 

To  persons  disabled  in  the  service  of  the 
navy, 63 

An  act  for  the  relief  of  the  widows  and  or- 
phans of  certain  persons  who  have  died  in 
the  service  of  the  United  States,  April  29, 
1802, 170 

Pensions  to  persons  for  wounds  received  in  the 
revolutionary  war,  March  3,  1808,      .  242 

Relief  to  certain  mihtaiy  pensioners  in  the 
State  of  Sooth  Carolina,   -        -        -260 

An  act  in  addition  to  an  act  to  make  provision 
for  persons  thot  have  been  disabled  hy  known 


INDEX. 


861 


Pennons. 

wounds  reoeiired  in  the  eervioe  of  the  United 
States  during  the  rerolutionaiy  war,  March 
3,  1806, 346 

An  act  to  proride  for  persons  who  were  dis- 
abled by  known  wounds  received  in  the  re- 
volutionary war,  April  10,  1806,         -  376 

An  act  concerning  invalid  pensions,  April  26, 
1808, 491 

Certain  pensions  to  be  paid  at  Washington,  606 

An  act  for  the  relief  of  the  officers  and  sol- 
diers  who  served  in  the  last  campaign  on 
the  Wabash,  April  10,  1812,     -        -  704 

An  act  to  revive  and  continue  in  force  «<  An  act 
to  provide  for  persons  who  were  disabled  by 
known  wounds  received  in  the  revolution- 
ary war,  and  for  other  purposes,  April  26, 
1818, 718 

Notes  of  acts  passed  relative  to  revolutionary 
pensions,         .....  718 

PcrUmouth  in  New  HampMre, 

Relief  of  snflerers  by  fire  in  the  town  of 
Portsmouth, 201 

FfMif^iffict  and  Pattni-office  BuUdingt, 

An  act  providing  for  the  better  accommodation 
of  the  general  post-office,  and  the  patent- 
office,      689 

Supplement  to  the  act  providing  for  the  ac- 
commodation of  the  postoffioe  and  patent- 
office,      691 

PoU-'Office  and  Poet-roads. 

An  act  to  alter  and  establish  sundry  post-roads, 
April  23,  1000,  (obsolete,)         -        -    42 

An  act  further  to  alter  and  establish  certain 
post-roads,  March  3,  1801,         -        -  126 

An  act  further  to  alter  and  establish  certain 
post-roads,  and  for  the  more  secure  carriage 
of  the  mail  of  the  United  States,  May  3, 
1802,  (obsolete,)       -        -        -        -  189 

An  act  to  alter  and  establish  certain  post- 
roads,  and  for  other  purposes,  March  26, 
1804, 276 

An  act  fiirther  to  alter  and  establish  certain 
post-roads,  and  for  other  purposes,  March 
3,  1806, 337 

An  act  to  alter  and  establish  certain  post-roads, 
and  for  other  purposes,  April  21,  1806,  (ob- 
solete,)     408 

An  act  to  establish  certain  post-roads,  and  for 
otherpurposes,March3,1807,(repealed,)  444 

Certain  post-roads  in  Georgia  and  Ohio  esta- 
blished,   491 

An  act  regulating  the  postoffice  establish- 
ment, April  30,  1810,        -        -        -  692 

Notes  €i  decisions  of  the  courts  of  the  United 
States  on  the  duties  and  obligations  of 
the  "  postmaster-general,""  postmasters,"  and 
«the  post-office,"  voL  L  308,      •        -  692 

Notes  of  acts  of  Congress  relative  to  the  post- 
office  department,     ....  592 

Notes  of  the  acts  of  Congress  relative  to  the 
privilege  of  franking,         ...  699 

Notes  of  cases  decided  in  the  actbns  insti- 
tuted by  the  postmaster-general,  -  602 

An  act  to  alter  and  establish  certain  post- 
roads,      730 


Post'-offiee  and  Posi-roads. 

The  President  may  direct  a  mail  to  be  carried 
from  the  head-quarters  of  the  army  to  the 
nearest  postoffice,  January  14,  1813,  (ob- 
solete,)     700 

Preble,  Edicard,  and  the  Officers  and  Crew  under  his 
Command. 
Resolution  as  to  their  services,       -        -  346 

Prv-fn^/ioRr— See  Public  Lands, 

Prendent  of  the  United  States. 

Furniture  for  the  accommodation  of  the  Pre- 
sident to  be  purchased,      -        -        -    66 

Provision  for  the  accommodation  of  the  Presi- 
dent of  the  United  States,  -        -  121 

An  act  to  provide  for  the  accommodation  of 
the  President  of  the  United  SUtes,  March 
3,  1806, 346 

An  act  providing  for  the  further  accommodap 
tion  of  the  President  of  the  United  States, 
March  2,  1809,         -        -        -        -  633 

See  jSppropriatums. 
Pretident  and  Vice-President  of  the  United  States, 
Election  of. 

An  act  supplementary  to  the  act  relative  to 
the  election  of  the  President  and  Vice-Pre- 
sident of  the  United  States,  and  declaring 
the  officer  who  shall  act  as  President  in 
case  of  vacancies  in  the  offices  both  of  Pre- 
sident and  Vice-President,  -        -  296 

Prisoners  of  War. 

Safe  keeping  of  prisoners  of  war,  -        -  777 

Prize  and  Letters  of  Marque. 

An  act  concerning  letters  of  marque,  prize, 

and  prize  goods,  June  26,  1812,  -  769 

Notes  of  the  decisions  of  the  courts  of  the 

United  States  on  prizes  and  the  prize  acts,  760 
Letters  of  marque,  ....  759 
An  act  in  addition  to  the  act  concerning  letters 

of  marque,  prizes,  and  prize  goods,  January 

27,  1813, 792 

Prize  Money.    Distribution  of  prize  money  arising 

from  vessels  and  goods,     -        -       62,  63 

Process  in  the  Courts  of  the  United  States. 

An  act  to  extend  the  power  of  granting  injunc- 
tion to  the  District  Courts  of  the  United 

States, 418 

Property  of  the  United  States. 

Resolution  respecting  the  property  of  the  United 

States  in  possession  of  Thomas  Claxton  and 

others,  doorkeepers  to  Congress,  -  127 

Protection  of  Commerce  and  the  Seamen  of  the  United 

States. 

Act  of  February  8,  1803,      -        -        -  206 

Public  Acts,  Records,  and  Judicial  Proceedings. 

Act  supplementary  to  the  act  to  prescribe  the 

mode  in  which  the  public  acts,  records,  and 

judicial  proceedings  shall  be  authenticated, 

to  take  eiSect  in  every  other  state,       -  298 

Public  Contracts. 

An  act  concerning  public  contracts,        -  486 
Public  Documents. 

President's  message  to  be  transported  by  mail 
free  of  postage,  April  13,  1808,-        -  483 


8«e 


INDEX. 


FMie  Docwmnts. 

A  meaage  of  the  Preodent  of  tho  United 
States,  and  documents  to  be  tranaported  by 
mail  free  of  postage,-        -        -        -606 

Message  of  the  President  of  the  United  States 
of  November  29,  1819,  to  be  transported 
by  mail  free  of  postage,    ...  664 

The  message  of  the  Prnident  and  documents 
accompanying  it  to  be  transmitted- free  of 
postage,  December  17,  1810,      -        -  614 

The  sererel  messages  of  the  Preodent  and  the 
documents  accompanying  the  same,  of  the 
6th  and  7th  NoTember,  1811,  to  be  trana- 
ported by  mail  free  of  postage,  -        -  667 

The  message  of  the  President  of  the  United 
States,  of  NoTcmber  4, 1812,  with  the  do- 
cuments accompanying  tho  same,  to  be 
transmitted  free  of  postage,  -  -  787 
PubKeLandi. 

Act  in  addition  to  the  act  regulating  grants  of 
land  appropriated  for  military  service  and 
for  the  SocCstyoffhe  United  Brethren,     14 

Regulations  of  survey*  under  the  act,  14  to  16 

Sale  of  public  lands  in  the  territory  northwest 
of  the  Ohio,  and  above  the  mouth  of  Ken- 
tut^  river.    Act  of  May  10, 1800,   -    78 

Notes  of  acts  relating  to  the  sale  of  public 
lands, 78 

Regulation  of  surveys  of  grants  of  lands  for  the 
refugees  from  the  British  provinces  of  Ca* 
nada  and  Nova  Scotia,      -        -        -  100 

Right  of  pre-emption  given  to  persons  who 
have  purchased  lands  of  JoHn  Cleves 
Symmes, 112 

Regulations  in  relation  to  those  lands,  112, 11 3 

An  act  in  addition  to  an  act  entitled  **  An  act 
regulating  the  grants  of  lands  appropriated 
for  military  services,  and  for  the  Sooety  of 
the  United  Brethren  fan  propagating  the 
gospel  among  tho  heathen,''  April  26,  1802, 

166 

Grants  of  land  and  disposal  of  puUic  lands 
south  of  the  State  of  Tennessee,        -  229 

Notes  of  acts  relative  to  grants  and  disposal 
of  lands  south  of  the  State  of  Tennessee,  229 

Act  regulating  grants  of  lands  for  military 
services,  and  for  the  Society  of  the  United 
Brethren,  continued  in  force,      -        -  286 

Land  to  General  I«a  Fayette,         -        -  236 

An  act  providing  for  the  disposal  of  the  public 
lands  in  the  Indiana  territory,  and  for  other 
purposes, 277 

Decisions  of  the  Supreme  Court  on  Louisi- 
ana land  titles,  -        -        -        -  288 

Prohibition  of  settlement  on  the  public  lands 
in  Louisiana,    -        -        -        -        -  2 

An  act  supplementaiy  tofhe  act  regulating  the 
grants  of  land,  and  providing  fisr  the  dispo- 
sal of  lands  south  of  the  State  of  Termes- 
aee.  Match  27,  1804,         -        -        -  303 

Notes  of  dedsiotui  of  the  courts  of  the  United 
States  upon  the  acts  for  the  disposal  of 
lands  south  of  the  State  of  Tennessee,  303 

An  act  concerning  the  mode  of  surveying  the 
public  lands  of  the  United  States,  February 
11,  1805, 313 

An  act  further  to  amend  «  An  act  for  regulating 


PtibUc  Landi. 

the  grants  of  the  lands  of  the  United  t 
south  of  the  State  of  TenneoBee,**      -  828 

An  act  for  ascertaining  and  adjusting  the  titles 
and  claims  to  land  within  the  terxitoiy  of 
Orieans  and  district  of  Louisiana^  March  2, 
1806, 824 

Notes  of  acts  relative  to  lands  and  land  titles 
in  Louisiana, 324 

Notes  of  decisions,       ....  326 

Act  for  the  disposal  of  the  public  lands  in  the 
Indiana  territory,      ....  843 

Notes  of  the  acts  relating  to  the  public  lands 
in  the  Indiana  territory,     ...  34s 

Power  of  the  surveyori^^eral  of  Louisianft 
extended, 862 

Surveys  of  lands  in  Louisiana,      -        -  358 

Titles  to  lands  in  the  territory  of  Orleans  and 
district  of  Louisiana,         ...  391 

Land  daims  in  the  territory  of  Tn^wnf,  and 
State  of  Ohio, 395 

Sale  of  the  public  lands  south  of  the  State  of 
Tennessee,      .....  400 

Repeal  of  any  act  or  acts  which  authorizes  the 
receipt  of  the  public  debt  in  payment  for 
public  lands,     .....  405 

An  act  to  prevent  settlements  being  made  on 
the  lands  ceded  to  the  United  States,  March 
3, 1807, 445 

Manner  in  which  settlements  may  be  made,  445 

Sales  of  lands  in  the  district  of  Vinceimes,  447 

Sale  of  the  pubUc  lands  situated  between  the 
United  Sutes  military  tract,  and  the  Con- 
necticut reserve,        ....  443 

Supplement  to  the  «  Act  regulating  the  grants 
of  lands,  and  providing  for  the  disposal  of 
the  lands  of  the  United  States  south  of  the 
State  of  Tennessee,"         -        -        -  455 

An  act  concerning  the  sale  of  the  public 
lands,  March  81,  1808,     -        -        -  .479 

Settlers  on  the  river  Mobile  allowed  a  fturther 
time  to  put  in  their  daims,         -        -  480 

Settlen  on  lands  in  Hne  Miauaaippi  tenito- 
ly, 480 

Rights  of  the  United  States  to  town  lots  ceded 
to  the  corporation  of  Natchez,    -        -481 

An  act  supplemental  to  an  act  regulating  the 
grants  of  lands  in  the  territory  of  MidUgan, 
April  26,  1808,         -        -        -        -  602 

An  act  to  extend  the  time  for  making  pay- 
ment for  the  public  lands  of  the  United 
Sutes,  March  2,  1809,  (obsolete,)       -  633 

The  mode  in  which  applications  shall  be  made 
for  the  purdiase  of  land  at  the  several 
land-offices,  prescribed,      ...  566 

An  act  providing  for  the  sale  of  certain  lands 
in  the  Indiana  territory,     ...  690 

Regulations  of  the  sale  of  the  lands  in  the  In- 
diana territory,  ....  590 

Time  for  making  payment  for  the  public  lands 
of  the  United  States  extended  in  certain 
cases,  April  30,  1810,        -        -        -  691 

The  decisions  of  the  conmiisBionerB  in  fovoor 
of  the  claimants  of  land  in  the  district  of 
Kaskaakia,  confirmed,        ...  607 

Appropriations  for  carrying  into  efiect  certain 
Indian  tieatiea,         -  -        -  607 


INDEX. 


863 


PMieJUmdi. 

An  act  proTiding  for  tli0  final  adjustment  of 
claims  to  lands  in  the  temtories  of  Orleans 
and  Looiaiana,  February  16, 1811,     -  617 

An  act  providing  for  the  sale  of  a  tract  of  land 
Ijing  in  the  State  of  Tenneasee,  and  a  tract  in 
theIndianaterritoiy,Februai726,181l,  649 

Land-offioes  at  Nashville,  in  Tennessee,  and 
Canton,  in  Ohio,  to  be  removed,         -  6i9 

TThe  register  and  receiver  of  public  moneys  for 
the  district  east  of  Pearl  river  to  make  sale 
of  the  public  lands  in  the  district,       -  650 

Sales  of  lands  in  the  district  east  of  Peari  ri- 
ver,          660 

Act  for  the  final  adjustment  of  land  claims  in 
the  territories  of  Orleans  and  Louisiana,  662 

Farther  time  allowed  for  completing  the  pay- 
ments in  certain  pre-emption  rights,  in  the 
Mississippi  territory,  ...        -  668 

See  Orleatu  Territory, 

Adjustment  of  land  claims  in  the  territoiy  of 
Orieans,  March  8,  1811,    -        -        -  663 

The  time  of  opening  the  land-ofiioe  in  Louisi- 
ana territoiy  extended,      ...  668 

Adjustment  of  land  claims  in  the  territoiy  of 
Louisiana,  March  8,  1811,         -        -  662 

An  act  directing  the  terms  on  which  lands  sold 
at  public  sale,  and  that  revert  to  the  United 
States,  shall  again  be  sold,  January  14, 
1812, 674 

An  act  for  the  revision  of  former  confirma- 
tiaiia,and  for  confirming  certain  land  claims 
in  the  district  of  Kaskaskia,       -        -  677 

An  act  to  establish  a  land  district  in  the  Illi- 
noia  territory,  east  of  the  district  of  Kaskas- 
kia, and  to  attach  certain  public  lands  to  the 
district  of  Jefieisonville,    ...  684 

An  act  for  the  relief  of  the  oonunissioners  west 
of  Pearl  river, 692 

Further  time  for  registering  land  claims  in  the 
Orleans  territory,      ....  692 

Further  time  given  for  registering  claims  to 
lands  in  the  western  district  of  the  territory 
of  Orleans, 692 

An  act  for  registering  claims  to  land  in  the 
territory  of  Orieans,  April  14, 1812,  -  709 

Patents  to  be  granted  for  lands  surveyed ;  and 
donation  rights  to  be  granted  to  certain  claim- 
ants of  land  in  the  district  of  Detroit,  -  710 

Provisions  for  claimants  to  land  under  the  acts 
for  the  relief  of  the  refugees  horn  Canada 
and  Nova  Scotia,      -        -        -        -  712 

An  act  for  ascertaining  the  titles  and  claims  to 
lands  in  that  part  of  Louisiana  which  lies 
east  of  the  river  Mississippi  and  island  of 
New  Orleans, 713 

Validity  given  to  the  sale  of  certain  tracts  of 
land  in  the  territoiy  of  Orieans,  now  State 
of  Lomstana, 774 

Supplement  to  an  act  giving  further  time  to 
the  purchasers  of  lands  northwest  of  the 
river  Ohio,  to  complete  their  payments,  782 

Right  of  pre-emption  given  in  Uie  puichase 
of  lands  to  certain  settlers  in  the  Illinois 
teiritory, 797 

An  act  confirming  certain  sales  of  lands  in  the 
di««rict  of  Vincennes,  Feb.  13, 1812,  -  800 


PubHe  Lands, 

An  act  giving  further  time  for  registering  claims 
to  lands  iq  the  eastern  and  western  districts 
of  the  territoiy  of  Orieans,  now  State  of 
Louisiana,  February  27,  1813,  -        -  807 

An  act  giving  further  time  to  purchaaen  of 
public  lands  to  complete  th^  payments 
March  3,  1813,         -        -        -        -811 

Public  Ministert  and  ContuU, 

The  compensation  of  public  ministers  and 
consuls,  residing  on  the  coast  of  Baibary, 
fixed, 608 

Regulations  as  to  consuls  on  the  coast  of  Bar- 
baiy, 609 

PubHc  Roadi. 

A  road  to  be  made  from  the  firontiem  of  Georgia 
to  New  Orleans,       -        -        -        -  897 

See  Cumberland  Road, 

Road  fiom  the  rapids  of  the  river  Miami  of 
Lake  Erie  to  the  western  limit  of  the  Con- 
necticut reserve,       .        .        .        «  668 

A  public  road  to  be  opened  from  the  line  esta- 
blished by  the  treaty  of  Greenville  to  the , 
North  Bend  of  the  river  Ohio,  -        -  670 

^iMrteT'maiUr'e  Department, 

A  quarter-master's  department  established, 
March  28,  1812,       -        -        -        -696 

An  act  to  amend  the  act  to  establish  a  quar- 
ter-master's department.  May  22, 1812,  742 

Refugeea  from  Canada  and  Nova  Scotia, 

Surveys  of  lands  granted  to  them,-        -  100 

Act  of  March  3,  1803,-        -        -        -  242 

Act  of  April  7,  1798,  (or  the  relief  of  refugees 

from  &e  British  provinces  of  Canada  and 

Nova    Scotia,  revived    and  continued  in 

force, 270 

An  act  further  to  provide  for  the  refugees  from 
Canada  and  Nova  Scotia,  February  24, 
1810,      -        -        -        -        .        .566 

Registering  and  Recording  of  Sh^  and  Veueis  of 
the  United  States, 
Act  of  March  2,  1803,-        -        .        -209 
An  act  relating  to  the  recording,  registering, 
and  enrolling  of  ships  or  vessels  in  the  dis- 
trict of  Orleans,  February  26,  1804,  -  269 
An  act  to  authorize  the  Secrotary  of  the  Trea- 
sury to  provide  new  certificates  of  registry, 
March  3,  1813,         -        -        -        -  818 

Representatives  in  Congreu, 

An  act  for  the  apportionment  of  representatiTea 
among  the  several  states,  according  to  the 
second  enumeration,  January  14, 1802,  128 
Note  of  the  acts  passed  apportioning  the  re- 
presentatives in  Congress  among  the  several 
states,  according  to  the  first,  second,  third, 
fourth,  fifUi,  and  sixth  census,  -  -  128 
Retaliation, 

An  act  vesting  in  the  President  of  the  United 
States  the  power  of  retaliation,  March  3, 

1813, 829 

Reoenue  Cutterf. 

The  Preaident  authorized  to  employ  an  addi- 
tional number  of  revenue  cutters,       -  605 
4C 


854 


IND£X. 


Rnenue  of  tht  United  Stain. 

Duty  of  the  Secretary  of  the  Treaauiy  to  lay  be. 
fore  CongreM  estimatee  of  the  revenue,    79 
Terma  of  credit  on  certain  revenue  bonda  ex- 
tended,     471 

The  credit  on  revenue  bonda  in  certain  caaea 

extended, 618 

Dutiea  in  certain  caaea  refunded,    -        -  618 
JUvolutionary  Soldier94 — See  Pennant* 
JUuMJU  IslancL 

Diatrict  Court  in  Rhode  Idand,  -  -  273 
Circuit  Court  in  Rhode  laland,  -  -  696 
Repreaentativea  in  Congreaa  according  to  the 

third  cenauis 669 

Boads^See  Cumberland  Rood— Public  Jtoadt. 

Saint  Domuigo, 

Commercial  intercourae  with  St  Domingo  aua- 
pended.  Act  of  February  28,  1806,  (ex- 
pired,)      351 

Commercial  intercourae  with  St  Domingo  aua- 
pended  for  a  further  time,  Februaxy  24, 
1807,  (expired,)       -        -        -        -  421 
Salari£$4 — See  Ccmpen$aiion. 

Salt  Springs. 

An  act  concerning  aalt  apringa  on  the  Wabaah 
river,  March  3,  1808,  (obaolete,)  -  285 
Sahage, 

An  act  providing  for  aalvage  in  caaea  of  re- 
capture, March  3,  1800,    -        -        -     16 

Notea  of  caaea  dedded  on  aalvage  on  recap- 
ture,         16 

Rate  of  aalvage,  -----     17 

Compenaation  for  recaptured  property  claimed 
by  the  United  Statea,   -    -        -        -     17 

Salvage  on  property  claimed  by  alien  fiienda, 

17 

Diatribution  of  aalvage,  -  -  -  18 
Sea  Letters. 

An  act  to  prevent  the  iaauing  of  aea  lettera, 
except  in  certain  caaea,  Mardi  26, 1810,  568 

To  what  veaaela  aea  lettera  may  be  laaoed  af- 
ter June  10,  1810,  -  •  -  -  568 
Seofnen. 

An  act  to  amend  «  An  act  for  the  relief  of  aick 
and  diaabled  aeamen,"  and  for  other  pur- 
poaea, 192 

An  act  aupplementaxy  to  the  «  Act  concerning 
oonaula  and  vice-conaula,  and  for  the  further 
protection  of  American  aeamen,"        -  203 

Rqpilation  of  the  act  of  June  20,  1790,  rela- 
tive to  medicine  cheata,  extended  to  vea- 
aela leaa  than  one  hundred  and  fifty  tona 
burden, 330 

In  all  caaea  where  there  ia  no  oonaul  or  vioe- 
oonaul,  or  commercial  agent  of  the  United 
Statea  at  a  foreign  port,  a  compenaation  in 
addition  to  the  compenaation  allowed  by 
law  ahall  be  allowed  to  the  maater  o^  owner 
of  a  veaael  which  may  have  tranaported  an 
American  acaman,    ...        -  651 

An  act  for  the  regulation  of  aeamen  on  board 
the  public  and  private  armed  veawla  of  the 
United  Statea,  March  8,  1818,  -        -  809 

After  the  war  wHh  Great  Britain  the  cttizena 


of  the  United  Statea  only  to  be  employed  on 
board  the  public  and  private  armed  inaacila 
of  the  United  Statea,        -        -        -809 

Seamen  and  aeafaring  perwna  not  dtiaeDa  of 
the  United  Statea  only  admitted  aa  paaaen- 
gen  in  American  veaaela,  ...  810 

Interference  <^  the  conanb  of  the  United 
Statea, 810 

Penaltiea  for  violating  tfaia  act,       -        -  810 
Seizures  made  under  the  authority  of  the  United 
States. 

Coata  to  be  paid  by  claimant  of  property  where 
there  waa  a  reaaonable  cauae  of  aeixure,  422 

Collector  of  New  Yoik  to  be  allowed  for  auma 
recovered  from  him,  ....  428 

Notea  of  caaea  upon  aeizure.  Probable  cauae 
of  aeizure, 422 

See  Embargo  Laws — Trading  with  the  Enemy 
— Collection  of  Duties. 
Skgts  and  Vetuls  of  the  United  States. 

Veaaela  which  may  have  been  laden  in  any  of 
the  porta  of  India,  whoae  maater  or  aoper- 
cargo  have  been  compelled  to  give  bond,  Ac, 
to  be  admitted  to  entry,  July  5,  1812,    776 
Slaves  and  Slavery. 

Importation  of  alavea  into  the  United  Statea 
after  the  firat  of  Januaiy,  1808,  prohibited, 

426 

Penaltiea  and  forfeiturea  for  being  engaged  in 
importing  alavea  from  Afiica,     -        -  427 

Penalty  for  buying  alavea  in  the  nei^bonring 
territory,  ------  427 

Ne^roea  on  board  of  veaaela  captured,  how  dia- 
poaedo^ 428 

Ri^rulationa  aa  to  veaaela  canyiog  alavea  coaat- 
wiae, 428 

Notea  of  the  juriadiction  of  the  Dirtrict  Court 
under  the  ala^  trade  acts,  -        -        -  428 

Proceedinga  for  a  violation  of  the  law,    -  428 

Notea  of  file  deciaiona  of  the  Supreme  Court 
on  alaveiy  in  the  Diatrict  of  Colombia,  757 
Stave  Trade. 

An  act  in  additi<m  to  the  act  entitled  « An  act 
to  prohibit  the  carrying  on  the  alave  trade 
firom  the  United  Statea  to  any  foreign  place," 
May  10, 1800,         -        ...    70 

Penalty  on  dtixena  having  an  intereat  in  veih 
aela  employed  in  the  alave  trade,         -    70 

On  dtizena  aerving  in  auch  veaaela^         -    70 

Commimoned  veaaela  autfaoriaed  to  aeiie  vea- 
aela contravening  thia  act,  -        -        -    71 

Diatrict  and  Circuit  Courta  to  have  juriadio- 
tion,        .--..-    71 

Diatribution  of  penaltiea,       -        -        -71 

An  act  to  prevent  the  importatioii  of  certain 
peraooa  into  certain atatea^wliere,by  the  lawa 
thereof  their  admianoniaprohiUtod,   -  205 

Notea  of  the  acta  of  Congreaa  on  the  aobject 
of  the  unportatioa  of  alavea,      -        -  205 
Snvff. 

Repeal  of  dutiea  on  miUa  and  implementa  cm- 
ployed  in  the  manufiicture  of  mxttt,    -    64 
South  Carolina. 

Repreientativea  in  Congreai  aceoiding  to  die 
tfaizd  cenaua, 669 


INDEX. 


866 


An  Mt  to  eftabiiah  a  general  itemp-offioe, 

April  23, 1800,  (repealed,)  -  -  40 
Regolationfl,  -  -  -  -  40  to  43 
A  drawback  retained  in  lien  of  itamp  duties 

on  debentaree,  •  -  -  -  -  82 
Amendment  of  the  aet  to  eetaUiah  a  general 

■tamp-office, 109 

Mode  of  obtaining  a  ftamp  on  an  instrument 

not  stamped, 109 

Amendment  of  act  relating  to  stamp  duties  on 

debentures, 163 

SuperviaoTM  of  the  Revemie. 

TVsnsfer  of  ^  duties  of  supervisor  of  the 

revenue  to  anj  other  person  authorized, 

(obsolete,) 243 

Stipnme  Court  of  the  Uniied  States. 

To  consist  of  seven  judges,  February  24^ 

1807, 421 

Resdution  granting  the  use  of  the  library  of 

Congress  to  the  judges  of  the  Supreme 

Court, 786 

SeeCoMvtf. 
Arscy  of  the  Coaet  of  the  United  SttOea, 

Coast  of  Noith  Carolma,  between  Cape  Hat- 

teras  and  Cape  Fear,  to  be  surveyed,  876 
An  act  to  provide  for  surveying  the  coasts  of 

the  United  States,  February  10,  1807,  418 

Notes  of  acts  relating  to  the  coast  survey,  414 

Surveyon  of  the  Reifenue. 

Powers  of  the  surveyora  of  the  revenue,  under 

the  acts  laying  direct  taxes,  enlarged,  -    80 

Allowances  to  surveyon  of  the  revenue,      81 

Exonerations  from  direct  taxes^      •        -    81 

Sjfmmet,  John  Clevet, 

Lands  held  under  John  Cleves  SynmMs,  act 

of  March  3,  1801,  -  -  -  .112 
Act  of  May  1, 1802,    -        .        -        -  179 

rgjMt.    See  Direct  Taxee. 
Ttmuttff- 

An  act  authorizing  the  State  of  Tennessee  to 
issue  grants  and  perfect  titles  to  certain 
lands,  and  to  settle  claims  to  the  vacant  and 
unappropriated  lands  within  the  same,  April 
18, 1806, 381 

Note  of  the  dednons  of  the  courts  of  the  United 
States  on  land  titles  in  Tennessee,     -  381 

Cireuit  Courts  in  Tennessee,    420,  477,  61 6, 


District  Courts  in  Tennessee,        -        -  273 

Representatives  in  Congress  according  to  the 

third 


Tmitoriee  of  the  United  Statet. 

The  Territoiy  of  the  United  States  northwest 
of  the  Ohio  divided  into  two  governments,  to 
be  called  the  territoiy  northwest  of  the  Ohio, 
and  the  Indiana  territory,  -        -        -    68 

Organization  of  the  new  territory,  -        -    69 

An  act  suppIemenUry  to  an  act  to  extend 
jurisdiction  to  certain  territorial  courts,  407 

District  and  territorial  judges  of  the  United 
States  to  reside  within  their  districts  and  not 
to  be  engaged  in  the  practice  of  the  law,  788 

An  act  to  authorize  the  appointment  of  addi- 


Territoriei  of  the  United  Statet, 

tional  ofiioen  in  the  respective  tenitories  of 
the  United  States,  Februaiy  27,  1813,  806 

Torpedo,  or  Submarine  Expiation. 

Appropriation  to  defray  the  expenses  of  expe- 
riments with  the  torpedo  as  an  engine  of 
vrar, 669 

TVoiifng  Housee  with  the  Indians, — See  Indian 

Tribes. 
Trading  vDith  the  Enemy. 

An  act  to  prohibit  American  vessels  from 
proceeding  to  or  trading  vrith  the  enemies  of 
the  United  States,  July  6,  1812,         -  778 

Notes  of  dedstons  of  the  courts  of  the  United 
States  on  « trading  with  Hne  enemy,"  -  778 
Treason. 

Proceedings  against  persons  committing  treason 
or  felony  within  the  jurisdiction  of  the  United 
States,  and  taking  refuge  on  board  of  foreign 
ships  or  vessels  in  the  ports  or  hsiboun  of 
the  United  States,  -  -  -  -  830 
Treasury  Department. 

Duty  of  the  Secretary  of  the  Treasury  to  lay 
before  Congressestimates  of  the  revenue,    79 
Treasury  Notes. 

An  act  to  authorize  the  issuing  of  treasury 
notes,  June  30,  1812,        ...  766 

Notes  of  the  acts  which  have  been  passed  re- 
lating to  the  issuing  and  reimbursement  of 
treasury  notes,-        ....  766 

An  act  authorizing  the  issuing  of  treasury 
notes  for  the  service  of  the  year  1813,  Febru- 
ary  25,  1813, 801 

Treasury,  War,  and  Navy  Departments. 

An  act  fiulher  to  amend  the  sevend  acts  for 
the  establishment  of  the  treasury,  vrar,  and 
navy  departments,  March  2, 1809,      -  636 

Regulations  for  the  transaction  of  the  business 
of  the  departments,  ....  635 
Treaties. 

An  act  for  carrying  into  more  complete  eflect 
the  tenth  article  of  the  treaty  of  friendship, 
limits,  and  navigation  with  Spain,  February 
14,  1806, 314 

Last  payment  under  the  convention  with  Great 
Britain  to  be  made  by  the  Secretary  of  the 
Treasury,  March  3,  1806,  -  -  -  336 
T)naion,  Thomas. 

Resolutions  in  honour  of  Ci^tain  Tliomas 
Truxton, 87 


Union  Bank  of  GtorgetO[ 

An  act  to  incorporate  the  Union  Bank  of 
Georgetown, 636 

Vaccination. 

An  act  to  encourage  vaccination,  February  27, 
1813,  (repealed,)      -        -        -        -  806 
Venezuela. 

An  act  for  the  relief  of  the  citizens  of  Vene- 
zuela, May  8,  1812, ....  780 
Vermont.  « 

Representatives  in  Congress  according  to  the 
tiiird  census, 669 


866 


INDEX. 


FSrfMMO. 

Dirtiict  Coait  In  Yfaginia,    -       •       -  S78 

RepratentatitM  in  CongieM  acooiding  to  the 
third  oensuBy  .  •  -  •  -  669 
Firywna  MOUary  Land  Warramti. 

A  fnrthar  time  aDowed  finr  completing  the  kca- 
tiona,  Maieh  3,  1807,        -        -        -  484 

Hotes  of  decMJonii  upon  the  tcte  of  OongnH 
xeUtive  to  lands  nserred  fiir  latisfying  mili- 
taiy  land  wairanta,  ....  424 

Pfttenta  to  iamie  for  lands  sunreyed  under  Vir- 
ginia nsolntion  wananhs  ...  487 
Fbhwrtwr  Corp$p 

Hie  President  may  accept  the  services  of  to- 
lunteer corps, AprfllS,  1806, (ezpirad,)  888 

The  Piendent  authorized  to  accept  the  serrice 
of  a  nmnber  of  volunteer  companies,  not  ez' 
ceeding  thirty  thousand  men,  February  84, 
1807, 419 

The  President  authorized  to  accept  and  orga. 
nize  certain  volunteer  corpse  February  6, 
1812, 676 

Ada  of  Februaiy  6,  1818,  authorizing  the 
President  of  the  United  States  to  accept  and 
organize  certain  volunteer  corps,  and  an  act 
supplementary  to  that  act,  passed  July  6, 
1818,   repealed,       -        .        •        -  796 

War  httwun  t/u  CMed  Staim  and  Grtat  Briiam, 
An  act  declaring  war  between  tfie  united  king^ 
dom  of  Great  Britain  and  Ireland  and  the 
dependencies  thereof  and  the  United  States 


War  bdween  th*  XhaUd  8taU$  and  Great  Britain, 
of  America  and  their  tenitories,  June  16, 
1818, 766 

An  act  to  encourage  the  destmctica  of  the 
armed  vessels  of  war  of  the  enemy*  March 

8,  1818, 816 

Waip  Shop  of  War. 

Reward  of  Captain  iaoob  Jonea,  his  officers 
and  crew,  for  the  capture  of  the  Britidi 
sloop  of  war  Frolic,  ....  818 
WnUm  Beurvt  of  ConmcHcnt, 

The  President  of  the  United  States  authorized 
to  accept  a  cssrion  of  Jurisdietion  of  the 
territory  northwest  of  Pennsylvania,  com- 
monly called  the  western  reserve  of  Cooneo- 
ticut, 66 

Right  of  the  United  States  to  the  soD  to  be 
released  by  letters  patent  to  the  goverument 
of  Connecticut,        ....    56 

Connecticut  to  cede  to  the  United  States  all 
claims  to  certain  lands^  and  her  claims  to 
juiikdietkn  over  the  western  reserve,  -    57 
Wut  Point, 

The  exterior  line  of  the  public  land  at  West 
Point  to  be  ascertained  and  settled  bythe 
Secretary  at  War,    -        -        -        -  616 

The  report  of  the  conuniasiooen  to  aaoeitam 
and  settle  tfie  exterior  line  of  tfie  publie 
land  aft  West  Point  confirmed,  -        -  790 

See  MUUary  jtcadimjf, 
Widowi4    See  Pewriowt. 


END  OF  VOL,  n. 


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