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250.972
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058
1799
**
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U.S. Lavis statutes, etc.. 1797-1799 (6th
Cong., 1st. 3d seas)
làng,
{
THE
LAWS
•
OF THE
UNITED STATES
OF
AMERICA.
VOL. V.
PUBLISHED BY AUTHORITY.
PHILADELPHIA:
7
PRINTED FOR MATHEW CAREY, NO. 122, Market-street.
M, DCCC, III.
1
2
A C T S
PASSED ÁT
THE FIRST SESSION
OF THE
SIXTH CONGRESS
OF THE
UNITED STATES OF AMERICA,
BEGUN AND HELD AT THE CITY OF PHILADELPHIA,
In the State of Pennſylvania,
On Monday the fecond of December,
IN THE YEAR M,DCC,XCIX.
PHILADELPHIA:
PRINTED BY RICHARD FOLWELL.
A CT S
Sec. I.
O F
CONGRES S.
CHAPTER I.
An ACT for reviving and continuing ſuits and
proceedings in the Circuit Court for the district
of Pennsylvania.
Proceed-
E it enacted by the Senate and Houſe of
Reprefentatives of the United States
of America, in Congress affembled, That all fuits,
procefs and proceedings, of what nature or
kind foever, which were pending in the Cir-
cuit Court of the United States, for the diſtrict ingswhich
of Pennſylvania, at the time appointed by law, were dif
for holding a feffion thereof in October, one continued
thouſand ſeven hundred and ninety-nine, and by the fai-
which were diſcontinued by failure to hold hold Oc-
the faid court, fhall be, and they are hereby tober fer-
revived and continued, and the fame pro-
ceedings may and fhall be had in the fame
court, in all fuits and procefs aforeſaid, and
in all things relating to the fame, as by law
might have been had in the fame court, had
it been regularly holden, at the time aforefaid.
lure to
fion 1799,
revived.
B
Sec. 2. And be it further enacted, That all
writs, and other procefs, which may have Tefte ef
been, and which fhall be iffued, by the clerk writs.
of the faid court, bearing tefte of April fef-
fion or October feffion, one thouſand ſeven
X
( 4 )
hundred and ninety-nine, fhall be held and
deemed of the fame validity and effect, as if
the fame court had been regularly held on
the eleventh day of October, one thouſand
feven hundred and ninety-nine.
Sec. 3. And be it further enacted, That it
fhall be lawful for the Judge of the District
Court of the diftrict of Pennfylvania, to di-
rect the clerk of the faid Circuit Court to if-
fue fuch proceſs, for the purpoſe of caufing
fummon- jurors to be fummoned to attend at the feffi-
ed for on of the faid Circuit Court, on the eleventh
nextApril
day of April next, as hath heretofore been
iffued for the like purpoſes, returnable to any
preceding feffion thereof; and the perfons fo
fummoned fhall, in cafe of non-attendance,
be liable to the fame penalties as if fuch pro-
cefs had been iffued in the ordinary courfe
of proceeding.
term.
Jurors
may be
THEODORE SEDGWICK,
Speaker of the House of Repreſentatives.
SAMUEL LIVERMORE,
Prefident of the Senate, pro tempore.
APPROVED December 24th, 1799.
JOHN ADAMS,
Prefident of the United States.
CHAPTER
II.
An ACT extending the privilege of franking to
William Henry Harrison, the delegate from
the territory of the United States, north-west
of the Ohio; and making provifion for his
compenfation.
B E it enacted by the Senate and Houfe of
Repreſentatives of the United States
of America, in Congress affembled, That William
Henry Harriſon, the delegate to Congreſs from
Sec. 1.
(5)
the territory of the United States north-weft
of the river Ohio, be entitled to the privilege
of fending and receiving letters free of poft-
age, on the fame terms, and under the fame
reſtrictions, as are provided for the members
of the Senate and of the Houſe of Repreſen-
tatives of the United States, by the act, inti-
tuled "An act to eftablish the poft-office and
poſt-roads within the United States.”
Sec. 2. And be it further enacted, That the
ſaid William Henry Harriſon fhall receive for
his travelling expenfes, and attendance in
Congrefs, the fame compenfation 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.
THEODORE SEDGWICK,
Speaker of the House of Reprefentatives,
TH: JEFFERSON,
Vice-Prefident of the United States, and
Prefident of the Senate.
APPROVED-January 2d, 1800.
JOHN ADAMS,
Preſident of the United States.
CHAPTER III.
An ACT, fupplementary to the act, intituled
"An act to provide for the valuation of lands
and dwelling houfes, and the enumeration of
flaves, within the United States.'
در
Sec. 1. E it enacted by the Senate and House of Commif-
Reprefentatives of the United States may vary
fioners
of America, in Congress affembled, That the com- the valua-
miffioners appointed under the act to which tions in
this is a fupplement, fhall have power, on fubdivifi-
confideration and examination of the lifts, ons of af-
returns, valuations, and abſtracts rendered by diſtricts.
( 6 )
the affeffors, to revife, adjuft, and vary the
valuations of lands and dwelling houfes in
each and every ſub-divifion of the ſeveral af-
feffment diſtricts, by adding thereto, or de-
ducting therefrom, fuch a rate per centum as
ſhall appear to be juſt and reaſonable: Pro-
vided, That the relative valuations of the dif
ferent lots or tracts of land, or dwelling houſes
in the fame fub-divifion, fhall not be changed
or affected.
variations
to be
Sec. 2. And be it further enacted, That the
They may faid commiffioners may direct the additions
direct the or deductions as aforefaid, to be made out
and completed by the feveral principal af
made out feffors, or if they fhall deem it more adviſe-
by their able, by their clerk and fuch affiſtants as they
clerk, &c. fhall find neceffary, and appoint for that pur-
poſe: Provided, That the compenfation to
be made to the ſaid affiftants fhall not exceed
the pay allowed to the affiftant affeffors, by
the act to which this is a fupplement.
THEODORE SEDGWICK,
Speaker of the Houfe of Reprefentatives.
TH: JEFFERSON,
Vice-President of the United States, and
Prefident of the Senate.
APPROVED-January 2d, 1800.
JOHN ADAMS,
Prefident of the United States.
CHAPTER
IV.
An ACT for the relief of perfons impriſoned for
debt.
Sec 1.DE it enacted by the Senate and Houſe of
Repreſentatives of the United States
of America, in Congreſs aſſembled, That perfons
impriſoned on procefs iffuing from any court
( 7 )
of the United States, as well at the fuit of the Prifoners
United States as at the fuit of any perfon or entitled
perfons in civil actions, fhall be entitled to to the li
like privileges of the yards or limits of the mits of
gaols.
reſpective gaols, as perfons confined in like
cafes on proceſs from the courts of the re-
ſpective ſtates, are entitled to, and under the
like regulations and reſtrictions.
have an
oath of
them,
Sec. 2. And be it further enacted, That any Prifoners
perfon impriſoned on proceſs of execution in execu-
iffuing from any court of the United States tion may
in civil actions, except at the fuit of the
United States, may have the oath or affirma- infolven-
tion hereinafter expreffed, adminiſtered to cy admi-
him by the Judge of the District Court of the iftered to
United States, within whofe jurifdiction the
debtor may be confined; and in cafe there
ſhall be no Diſtrict Judge refiding within
twenty miles of the gaol wherein ſuch debtor
may be confined, fuch oath or affirmation
may be adminiftered by any two perfons
who may be commiffioned 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 diftrict in which the judgment
was rendered, having had at leaſt thirty days
previous notice by a citation ferved on him,
iffued by the District Judge, to appear at the
time and place therein mentioned, if he fee
fit, to fhew caufe why the faid oath or affir-
mation fhould not be fo adminiſtered: At
which time and place, if not fufficient caufe,
in the opinion of the judge, (or the com-
miffioners appointed as aforefaid) be ſhewn,
or doth from examination appear to the con-
trary, he or they may at the requeſt of the
debtor, proceed to adminiſter to him the fol
( 8 )
fhall be
lowing oath or affirmation, as the cafe may
be, viz. "You
folemnly (fwear or
affirm) that you have no eftate, real or per-
fonal in poffeffion, reverfion, or remainder, to
the amount or value of thirty dollars, other
than neceffary wearing apparel; and that you
have not, directly or indirectly, given, fold,
leaſed, or otherwife conveyed to, or intruf-
ted any perfon or perfons with all or any
part of the eſtate, real or perfonal, whereof
you
have been the lawful owner or poffeffor,
with any intent to fecure the fame, or to re-
ceive or expect any profit or advantage there-
from, or to defraud your creditors, or have
caufed or fuffered to be done any thing elſe
whatſoever, whereby any of your creditors
whereup- may be defrauded." Which oath or affirma-
on they tion being adminiſtered, the judge or com-
miffioners fhall certify the fame under his or
diſcharg their hands to the prifon-keeper, and the deb-
tor fhall be diſcharged from his impriſonment.
on fuch judgment, and ſhall not be liable to
be impriſoned again for the faid debt, but
the judgment ſhall remain good and fuffici-
ent in law, and may be fatisfied out of any
eſtate which may then, or at any time after-
Proceed- wards, belong to the debtor. And the judge
ings to be or commiffioners, in addition to the certifi-
cate by them made and delivered to the pri-
fon-keeper, fhall make return of their doings
court. to the District Court, with the commiffion,
in caſes where a commiffion hath been iffued,
to be kept upon the files and record of the
fame court. And the faid judge, or com-
the judge miffioners, may fend for books and papers,
and com- and have the fame authority as a court of
miffion- record, to compel the appearance of wit-
neſſes, and adminiſter to them, as well as to
ed.
filed in
diftri&t
Powers of
ers.
Th
( 9 )
the debtor, the oaths or affirmations necef-
fary for the enquiry into, and diſcovery of
the true ftate of the debtor's property, tranf-
actions and affairs.
Debtor
may be
Sec. 3. And be it further enacted, That when
the examination and proceedings aforeſaid,
in the opinion of the faid judge or commif- removed
fioners, cannot be had with fafety or conve- to facili-
nience in the prifon wherein the debtor is tate pro-
ceedings.
confined, it ſhall be lawful for him or them,
by warrant, under his or their hand and feals,
to order the marfhal or prifon-keeper, to re-
move the debtor to fuch other place con-
venient and near to the prifon as he or they
may fee fit; and to remand the debtor to the
fame prifon, if upon examination or caufe
fhewn by the creditor, it fhall 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 be it further enacted, That if
any perfon fhall falfely take any oath or af- Penalty
firmation, authorized by this act, fuch perfon a falfe
on taking
fhall be deemed guilty of perjury, and upon oath oraf-
conviction thereof, fhall fuffer the pains and firmation.
penalties in that cafe provided. And in cafe
any falfe oath or affirmation be ſo taken by
the debtor, the court, upon the motion of the
creditor, fhall recommit the debtor to the pri-
fon from whence he was liberated, there to
be detained for the faid debt, in the fame
manner as if fuch oath or affirmation had
not been taken.
Sec. 5. And be it further enacted. That any 30 days
perſon impriſoned upon procefs iffuing from after
any court of the United States, except at the judgment
fuit of the United States, in any civil action,
againſt whom judgment has been or fhall the bene-
VOL. V.
debtor
may take
B
:
( 10 )
tion is fu-
fit of this be recovered, ſhall be entitled to the privi-
act, altho' leges and relief provided by this act, after
no execu- the expiration of thirty days from the time
fuch judgment has been or fhall be recover-
ed, though the creditor fhould not, within
that time, fue out his execution, and charge
the debtor therewith.
ed out.
THEODORE SEDGWICK,
Speaker of the House of Reprefentatives.
TH: JEFFERSON,
Vice-Prefident of the United States, and
Prefident of the Senate.
APPROVED-January 6th, 1800.
JOHN ADAMS,
Prefident of the United States.
CHAPTER V.
An ACT for the prefervation of peace with the
Indian tribes.
Sec. 1. BE it enacted by the Senate and Houſe of
of the United
on certain
corref-
of America, in Congress affembled, That if any
Penalty, citizen or other perfon refiding within the
United States, or the territory thereof, fhall
pondence fend any talk, fpeech, meffage, or letter to
with the any Indian nation, tribe, or chief, with an in-
Indians. tent to produce a contravention or infraction
of any treaty or other law of the United
States, or to diſturb the peace and tranquil-
lity of the United States, he fhall forfeit a
fum not exceeding two thouſand dollars, and
be impriſoned not exceeding two years.
on the
Sec. 2. And be it further enacted, That if any
Penalty citizen or other perfon fhall carry or deliver
bearers of any fuch talk, fpeech, meffage or letter, to or
fuch cor- from any Indian nation, tribe, or chief, from
refpond-
or to any perfon or perfons whatſoever, re-
fiding within the United States; or from or
ence.
( 11 )
to any fubject, citizen, or agent of any fo-
reign power or ftate, knowing the contents
thereof, he fhall forfeit a fum not exceeding
one thouſand dollars, and be impriſoned not
exceeding twelve months.
dians-
Sec. 3. And be it enacted, That if any citi-
zen or other perfon, refiding or being among Penalty
the Indians, or elſewhere, within the terri- on certain
corref
tory of the United States, fhall carry on a
pondence
correſpondence, by letter or otherwife, with with a fo-
any foreign nation or power, with an intent reign
to induce fuch foreign nation or power, to power, in
excite any Indian nation, tribe, or chief, to relation
war againſt the United States, or to the vio- to the In-
lation of any exifting treaty; or in cafe any and on
citizen or other perfon fhall alienate, or at- attempt-
tempt to alienate the confidence of the Indi- ing to ali-
ans from the government of the United States, their con-
or from any fuch perfon or perfons as are, or fidence.
may be employed and entruſted by the Prefi-
dent of the United States, as a commiffioner
or commiffioners, agent or agents, or in any
capacity whatever, for facilitating or preferv-
ing a friendly intercourfe with the Indians, or
for managing the concerns of the United States
with them, he ſhall forfeit a fum not exceed-
ing one thousand dollars, and be impriſoned
not exceeding twelve months.
enate
spund
of a form-
S
Sec. 4. And be it further enacted, That the
provifions of the act, intituled "An act to Certain
regulate trade and intercourſe with the Indi- provifions
an tribes, and to preferve peace on the fron-
er act ap-
tiers," paffed the third day of March, one plied to
thouſand ſeven hundred and ninety-nine, be, this.
and the fame are hereby extended to carry
into effect this act, and for the trial and pu-
niſhment of offences againſt it, in the fame
manner as if they were herein ſpecially recited.
( 12 )
Sec. 5. And be it further enacted, That this
Limita act ſhall continue and be in force until the
tion.
third day of March, in the year one thouſand
eight hundred and two, and no longer.
THEODORE SEDGWICK,
Speaker of the House of Reprefentatives.
TH: JEFFERSON,
Vice-President of the United States, and
Prefident of the Senate.
APPROVED-January 17th, 1800.
JOHN ADAMS,
Prefident of the United States.
CHAPTER VI.
An ACT to repeal part of an act, intituled " An
act to provide for mitigating or remitting the
forfeitures, penalties and difabilities, accruing
in certain cafes therein mentioned, and to con-
tinue in force the refidue of the fame.
""
E it enacted by the Senate and Houfe of Repre-
fentatives of the United States of America, in
Congress affembled, That the fourth ſection of
an act intituled "An act to provide for mi-
tigating or remitting the forfeitures, penal-
ties and diſabilities, accruing in certain cafes.
therein mentioned," paffed on the third day
of March, one thouſand feven hundred and
ninety-feven, fhall be, and the fame is hereby
repealed, and the refidue of the faid act fhall
be, and the ſame is hereby continued in full
force without limitation of time.
THEODORE SEDGWICK,
Speaker of the House of Reprefentatives.
TH: JEFFERSON,
Vice-President of the United States, and
Prefident of the Senate.
APPROVED-February 11, 1800.
JOHN ADAMS,
Prefident of the United States.
( 13 )
!
CHAPTER VII.
An ACT for the relief of John Vaughan.
Brefe
E it enacted by the Senate and Houſe of Re-
prefentatives of the United States of America,
in Congress affembled, That the accounting offi-
cers of the Treaſury be, and they are hereby
authorized and directed, to fettle the account
of John Vaughan, and to allow him the amount
of the difference in his favour, which would
refult from calculating the filver bullion by
him depofited, previous to the month of De-
cember, in the year one thoufand feven hun-
dred and ninety-five, in the Mint of the Uni-
ted States, for coinage, at the rate of one
thouſand four hundred and eighty-five parts
fine, to one hundred and feventy-nine parts
alloy, inſtead of the rate of nine parts fine,
to one part alloy, and that the fame be paid
out of any monies in the Treaſury not other-
wife appropriated.
THEODORE SEDGWICK,
Speaker of the House of Reprefentatives.
TH: JEFFERSON,
Vice-Prefident of the United States, and
Prefident of the Senate.
APPROVED-February 11, 1800.
JOHN ADAMS,
Prefident of the United States.
CHAPTER VIII.
An ACT giving further time to the holders of
Military Warrants, to register and locate the
fame.
E it enacted by the Senate and House of Repre-
fentatives of the United States of America, in
Congress affembled, That the Secretary of the
( 14 )
.
Treaſury ſhall for the ſpace of fourteen days
after the expiration of the nine months here-
tofore allowed for that purpofe, by the act,
intituled "An act regulating the grants of
land, appropriated for military fervices, and
for the fociety of the United Brethren for
propagating the gofpel among the Heathen,"
regiſter warrants for military fervices in the
form and manner as is prefcribed by the faid
recited act; and the priority of location of
faid warrants, and the warrants regiſtered
under the ſaid recited act fhall be determined
by lot, immediately after the expiration of
the faid fourteen days, and a day for the lo-
cation fhall be fixed by the Secretary of the
Treaſury, in a public notice given in one of
the gazettes of the city of Philadelphia.
THEODORE SEDGWICK,
Speaker of the House of Reprefentatives.
TH: JEFFERSON,
Vice-President of the United States, and
Prefident of the Senate.
APPROVED-February 11, 1800.
JOHN ADAMS,
Prefident of the United States.
CHAPTER IX.
An ACT to ſuſpend in part, an act, intituled
"An act to augment the army of the United
States; and for other purposes."
E it enacted by the Senate and Houſe of Repre-
fentatives of the United States of America, in
Congress affembled, That all further enliftments
under the fecond ſection of an act, intituled
"An act to augment the army of the United
States, and for other purpoſes," ſhall be ſuſ-
fuf-
pended until the further order of Congrefs,
( 15 )
unleſs in the recefs of Congrefs, and during
the continuance of the exifting differences
between the United States and the French
Republic, war fhall break out between the
United States and the French Republic, or
imminent danger of invafion of their terri-
tory by the ſaid Republic, fhall, in the opi-
nion of the Prefident of the United States, be
diſcovered to exiſt.
THEODORE SEDGWICK,
Speaker of the House of Reprefentatives.
TH: JEFFERSON,
Vice-Prefident of the United States, and
Prefident of the Senate.
APPROVED-February 20th, 1800.
JOHN ADAMS,
Prefident of the United States.
CHAPTER X.
An ACT further to fufpend the commercial inter-
courſe between the United States and France,
and the dependencies thereof.
Sec. I.
Inter-
courfe
fufpend-
E it enacted by the Senate and Houfe
of Reprefentatives of the United States
of America, in Congress affembled, That all com-
mercial intercourfe between any perfon or per-
fons refident within the United States or under
their protection, and any perfon or perfons re- ed.
fident within the territories of the French Re-
public, or any of the dependencies thereof, fhall
be, and from and after the ſecond day of March
next, is hereby prohibited and farther fufpend-
ed, excepting only in the cafes hereinafter pro-
vided. And any ſhip or veſſel, owned, hired or
employed wholly or in part by any perſon or
perfons refident within the United States, or any
citizen or citizens thereof refident elſewhere,
:
( 16 )
and failing therefrom after that day, which
contrary to the intent hereof, fhall be volun-
tarily carried, or fhall be deftined or permitted
to proceed, or fhall be fold, bartered, entruſted
or transferred, for the purpofe that ſhe may
proceed, whether directly or from any interme-
diate port or place, to any port or place within
the territories of that Republic, or any of the
dependencies thereof; or fhall be engaged in
any traffic or commerce, by or for any perfon
refident within the territories of that Republic,,
or within any of the dependencies thereof; and
alfo any cargo which fhall be found on board
of fuch fhip or veffel, when detected and inter-
rupted in fuch unlawful purpoſe, or at her
return from fuch voyage to the United States,
fhall be wholly forfeited, and may be feized
and condemned in any court of the United
States having competent jurifdiction.
tain fo-
Sec. 2. And be it further enacted, That except-
On clear- ing for foreign fhips or veffels owned, hired,
ing other and employed by perfons permanently refiding
than cer- in Europe, and commanded and wholly navi-
reign vef- gated by foreigners, no clearance for a foreign
fels for a voyage fhall be granted to any fhip or veffel
foreign whatever, until the owner or the employer for
voyage, the
voyage, or if not refident within the diftrict
fecurity
to be giv- where the clearance fhall be required, his fac-
tor or agent, with the mafter and one or more
fufficient furety or fureties, to the fatisfaction
of the Collector of the district, fhall give bond
to the United States, fuch owner, employer, or
factor, with the maſter, in a fum equal to the
value of the veffel, and of one-third of her car-
go; and fuch furety or fureties in a like fum,
when it fhall not exceed ten thouſand dollars;
and if it fhall exceed, then in that fum, with
condition that the fhip or veffel for which a
en.
( 17 )
clearance fhall be required, is actually deſtined,
and fhall proceed to fome port or place without
the limits or juriſdiction of the French Repub-
lic, or any of the dependencies thereof, and
during the intended voyage fhall not be volun-
tarily carried, or permitted to proceed or fold,
entruſted or transferred, with 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; and fhall not, at
any fuch port or place, voluntarily deliver or
unlade any part of fuch cargo; and if compel-
led by diſtreſs of weather, or taken by force
into any fuch port or place, will not there re-
ceive on board of ſuch ſhip or veſſel, any goods,
produce, or merchandize, other than neceffary
fea-ſtores; and generally, that fuch fhip or vef
fel fhall not be employed in any traffic or com-
merce, with or for any perfon refident within
the territory of the French Republic, or any
of the dependencies thereof.
Glor
a French
port and
Sec. 3. Provided, and be it further enacted,
That when any ſhip or veffel which fhall obtain Maſter of
a clearance for a foreign voyage, after a bond a veffel
fhall be given as aforefaid, fhall be compelled going to
by diftrefs of weather, or other cafualty endan-
gering the fafety of fuch fhip or veffel, or of the unlading,
mariners on board the fame, or fhall be taken by com-
by any armed veffel, or other fuperior force, pulfion,
into any port or place within the territories of
the French Republic, or any of the dependen- ment in
cies thereof, and fhall there neceffarily unlade money on
and deliver, or ſhall be deprived of any cargo
bullion,
then on board, then, and in fuch cafe, the maf-
ter or other perfon having charge of fuch fhip
or veffel, may receive compenſation or payment
in bills of exchange, or in money or bullion,
VOL. V.
C
may re-
ceive pay-
&c.
( 18 )
ture of
veffel and
&c.
Sec. 4. And be it further enacted, That no
Forfei- fhip or veffel 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 from any other
port or place, with a cargo on board obtained
for, or laden on board of fuch veffel at any port
or place within the ſaid territories or depen-
interme- dencies, which fhall arrive within the limits of
diate port, the United States after the faid fecond day of
March next, fhall be admitted to an entry with
the Collector of any district; and each and
every fuch fhip or veffel which fhall arrive as
aforefaid, having on board any goods, wares or
merchandize, deftined to be delivered within
the United States, contrary to the intent of this
act, or which fhall have otherwife contravened
the fame, together with the cargo which fhall
be found on board, fhall be forfeited, and may
be ſeized and condemned in any court of the
United States having competent juriſdiction :
Provided, That nothing herein contained fhall
be conſtrued to prohibit the entry of any veſſel
having a paffport granted under the authority
of the French Republic, and folely employed
for purpoſes of political or national intercourſe
with the government of the United States, and
not in any commercial intercourſe, and which
fhall be received, and permitted by the Prefident
of the United States to remain within the fame:
cargo
coming
from a
French
for fuch cargo, but not otherwife, and fhall not
be underſtood thereby to contravene this law,
or to incur a forfeiture of the faid bond.
port, or
from an
And provided alſo, that until the firſt day of
Auguft next, and no longer, any ſhip or veſſel,
wholly owned or employed by a foreigner, other
than any perſon refident in France, or in
any of
the dependencies of the French Republic, and
( 19 )
which coming therefrom ſhall be deftined to the
United States, and fhall arrive within the fame,
not having otherwiſe contravened 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
within the United States fuch fhip or veffel, or
any cargo, which may be on board the fame,
fhall not be liable to the forfeiture aforefaid.
Treat-
ment of
French
port or
obtained,
and put-
Scc.
Sec. 5. And be it further enacted, That if any
fhip or veffel, coming from any port or place
within the territories of the French Republic, veffels
or any of the dependencies thereof, or with any coming
cargo there obtained on board, but not deftined from a
to any port or place within the United States,
fhall be compelled by diftrefs of weather, or with a
other neceffity, to put into any port or place cargo
within the limits of the United States, fuch ship therein
or veſſel ſhall be there hofpitably received in
the manner preſcribed by the act, intituled,
› ting in
"An act to regulate the collection of duties on through
imports and tonnage ;" and fhall be permitted trefs of
to make fuch repairs, and to obtain fuch fup- weather,
plies as ſhall be neceffary to enable her to pro-
ceed according to her deftination; and fuch re-
pairs and fupplies being obtained, ſhall be there-
after required and permitted to depart. But if
fuch ſhip or veffel fhall not conform to the re-
gulations preſcribed by the act laft mentioned,
or fhall unlade any part of her cargo, or ſhall
take on board any cargo or fupplies whatever,
without the permit of the Collector of the dif-
trict previously obtained therefor, or fhall re-
fufe, or unreaſonably delay to depart from and
out of the United States, after having received
a written notice to depart, which fuch Collec-
tor may, and ſhall give, as foon as ſuch ſhip or
( 20 )
..
་༢
veffel fhall be fit for fea; or having departed
fhall return to the United States, not being
compelled thereto by further diftrefs or neceffi-
ty, in each and every fuch cafe, fuch fhip, or
veffel and her cargo fhall be forfeited and may
be feized, and condemned in any court of the
United States having competent jurifdiction.
fident
may re-
mit the
Sec. 6. And be it further enacted, That at any
time after the paffing of this act, it fhall be law-
The Pre- ful for the Preſident of the United States, by
his order to remit and difcontinue for the time
being, whenever he fhall deem it expedient, and
for the intereft of the United States, all or any
prohibi-
tion of in- of the restraints and prohibitions impofed by
tercourſe this act, in refpect to the territories of the French
and renew Republic, or to any ifland, port, or place be-
it again. longing to the faid Republic, with which in his
opinion a commercial intercourfe may be fafely
renewed; and alſo it ſhall be lawful for the Pre-
fident of the United States, whenever he fhall
afterwards deem it expedient, to revoke ſuch
order, and hereby to re-eſtabliſh ſuch reſtraints
and prohibitions: And the Prefident of the Uni-
ted States fhall be, and he is hereby authorized,
to make proclamation thereof accordingly.
confider-
Sec. 7. And be it further enacted, That the
How Hif. whole of the iſland of Hifpaniola fhall for the
paniola purpoſes of this act be confidered as a depen-
fhall be dency of the French Republic: Provided, that
ed under nothing herein contained fhall be deemed to
this act. repeal or annul in any part, the order or pro-
clamation of the Prefident of the United States,
heretofore iffued for permitting commercial in-
tercourſe with certain ports of that ifland.
Sec. 8. And be it further enacted, That it ſhall
be lawful for the Prefident of the United States,
to give inftructions to the public armed veffels
of the United States, to ftop and examine any
( 21 )
ftruct the
fhip or veffel of the United States on the high Prefident
fea, which there may be reafon to fufpect to be may in-
engaged in any traffic or commerce contrary to
public
this act, and if upon examination, it fhall appear armed
that fuch fhip or veffel is bound or failing to, or fhips to
from any port or place, contrary to the true ftop veſ-
intent and meaning of this act, it fhall be the fels con-
travening
duty of the commander of fuch public armed this act.
veſſel, to ſeize every ſhip or veffel engaged in
fuch illicit commerce, and fend the fame, to the
neareſt convenient port of the United States, to
be there profecuted in due courfe of law, and
held liable to the penalties and forfeitures pro-
vided by this act.
Penalties
nalties.
Sec. 9. And be it further enacted, That all
penalties and forfeitures incurred by force of
this act, fhall, and may be examined, mitigated
may be
and remitted in like manner, and under the like mitiga-
conditions, regulations and reſtrictions, as are ted, &c.
preſcribed, authorized and directed by the act,
entitled" An act to provide for mitigating, or
remitting, the forfeitures, penalties and diſabi-
lities accruing in certain cafes therein mention-
ed;" and all penalties and forfeitures, which Diftribu-
tion of pe-
may be recovered in purfuance of this act in
confequence of any feizure made by the com-
mander of any public armed veffel of the Uni-
ted States, fhall be diftributed according to the
rules preſcribed by the act, intituled "An act
for the government of the navy of the United
States ;" and all other penalties arifing under
this act, and which may be recovered, fhall
be diftributed and accounted for in the manner
preſcribed by the act, intituled "An act to re-
gulate the collection of duties on imports and
tonnage.
Sec. 10. And be it further enacted, That no-
thing contained in this act ſhall extend to any
رد
( 22 )
fion to en-
Prefident fhip or veffel to which the Prefident of the
maygrant United States fhall grant a permiſſion to enter
permif-
and clear; provided fuch fhip or veffel fhall be
ter and folely employed, purfuant to fuch permiffion,
for purpoſes of national intercourfe; and fhall
not be permitted to proceed with, or to bring
to the United States any cargo or lading what-
ever other than neceffary fea-ftores.
clear in
certain
cafes.
Former
act con-
part.
Sec. 11. And be it further enacted, That the
act, intituled " An act further to fufpend the
tinued in commercial intercourfe between the United
States and France, and the dependencies there-
of," ſhall be, and is hereby continued and ſhall
be taken to be in force in reſpect to all offences,
which fhall have been committed against the
fame, before the expiration thereof; and to the
intent that all feizures, forfeitures and penal-
ties arifing upon fuch offences, may be had,
fued for, profecuted and recovered, any limita-
tion of the ſaid act to the contrary hereof not-
withſtanding.
Limita-
tion of
this act.
Sec. 12. And be it further enacted, That this
act ſhall be and remain in force until the third
day of March, one thoufand eight hundred and
one: Provided, however, the expiration thereof
ſhall not prevent or defeat any ſeizure, or pro-
fecution for a forfeiture incurred under this act,
and during the continuance thereof.
THEODORE SEDGWICK,
Speaker of the House of Repreſentatives.
TH: JEFFERSON,
Vice-President of the United States, and
Prefident of the Senate.
APPROVED-February 27th, 1800.
JOHN ADAMS,
Prefident of the United States.
( 23 )
CHAPTER XI.
An ACT for the relief of James Yard.
E it enacted by the Senate and Houſe of Re-
preſentatives of the United States of Ame-
rica, in Congress affembled, That the term of fix
months, from and after the paffing of this act,
fhall be, and is hereby allowed, as a further
time for the exportation, with the benefit of
drawback, of one hundred and fix pipes, eight
hogfheads and five quarter cafks of Madeira
wine, which were duly fhipped, and with the
benefit of drawback, in the months of March
and April, of the year one thouſand ſeven
hundred and ninety-eight, by James Yard, on
board the ſhip Ganges, then bound to India,
but afterwards re-landed in confequence of
the purchaſe of that fhip by the United States,
and any drawback which fhall accrue on any
parcel of the faid wine, which being firft duly
identified, ſhall be exported within the term
aforefaid, ſhall be payable in fifteen days after
fuch exportation, and a debenture or deben-
tures may iffue for fuch drawback upon the
like fecurity, conditions and proofs, as are
required in other cafes, and to be paid in a
fimilar manner.
THEODORE SEDGWICK,
Speaker of the House of Reprefentatives.
TH: JEFFERSON,
Vice-President of the United States, and
Prefident of the Senate.
APPROVED-February 27, 1800.
JOHN ADAMS,
Prefident of the United States.
( 24 )
{
:
CHAPTER XII.
An ACT providing for the fecond cenfus or enu-
meration of the inhabitants of the United States.
B'
territo-
ries to
taken.
vag
Sec. 1. BE it enacted by the Senate and Houſe of
of
Marthals of America, in Congress affembled, That the mar-
of the dif. fhals of the feveral diftricts of the United
tricts and States, and the ſecretaries of the territory of
fecreta- the United States, north-weft of the river
ries of the Ohio, and of the Miflifippi territory, refpec-
tively, fhall be, and they are hereby autho-
cauſe an rized and required, under the direction of the
enumera- Secretary of State, and according to ſuch in-
tion to be ftructions as he fhall give purfuant to this act,
to cauſe the number of the inhabitants with-
in their reſpective diſtricts and territories to
be taken; omitting in fuch enumeration, In-
dians not taxed, and diſtinguiſhing free per-
fons, including thoſe bound to fervice for a
term of years from all others; diftinguiſhing
alfo the fexes and colours of free perfons,
and the free males under ten years of age;
thofe of ten years and under fixteen, thofe of
fixteen and under twenty-fix, thoſe of twen-
ty-fix and under forty-five, thoſe of forty-
five and upwards. And diſtinguiſhing free
females under ten years of age, thofe of ten
years and under fixteen, thofe of fixteen and
under twenty-fix, thoſe of twenty-fix and
under forty-five, thofe of forty-five and up-
wards; for effecting which purpoſe, the mar-
fhals and fecretaries aforefaid, fhall have
power to appoint as many affiftants within
affiftants. their reſpective districts and territories, as
aforefaid, as to them fhall appear neceffary;
affigning to each affiftant a certain divifion of
his diſtrict or territory, which diviſion ſhall
They may
appoint
Vo
( 25 )
confiſt of one or more counties, cities, towns,
townſhips, hundreds or parishes, or of a ter-
ritory plainly and diftinctly bounded by wa-
ter courfes, mountains, or public roads: The
marſhals, or ſecretaries, as the cafe may be,
and their affiftants, fhall, refpectively, take
an oath or affirmation, before fome judge or
juſtice of the peace, refident within their re-
ſpective districts or territories, previous to
their entering on the diſcharge of the duties
by this act required. The oath or affirma-
tion of the marshal or fecretary fhall be, be taken
"I, A. B. marfhal of the diſtrict of
(or fecretary of the territory of
Oath to
ઃઃ
by the
as marshals,
fecreta-
ries and
C
the cafe may be) do folemnly fwear or affirm,
that I will well and truly caufe to be made, their affif-
a juſt and perfect enumeration and defcrip- tants.
tion of all perfons refident within my diſtrict
or territory, and return the fame to the Se-
cretary of State, agreeably to the directions.
of an act of Congrefs, intituled an act pro-
viding for the enumeration of the inhabitants.
of the United States,' according to the beſt of
my ability." The oath or affirmation of an
affiſtant ſhall be "I, A. B. do folemnly fwear
(or affirm) that I will make a juſt and perfect
enumeration and defcription of all perfons
refident within the divifion affigned to me by
the marshal of the district of
(or the
as the
fecretary of the territory of
cafe may be) and make due return thereof to
the faid marshal, or fecretary, agreeably to
the directions of an act of Congreſs, intituled
'
an act providing for the enumeration of the Com-
inhabitants of the United States,' according mence-
to the beſt of my abilities.". The enumera- ment and
tion fhall commence on the first Monday of
Auguft next, and fhall cloſe within nine calen- meration.
VOL. V.
D
clofe of
the enu-
-
( 26 )
returns.
Affiftants dar months thereafter. The feveral affiftants
to make fhall, within the faid nine months tranſmit to
the marſhal or ſecretaries, by whom they ſhall
be reſpectively appointed, accurate returns
of all perfons, except Indians not taxed,
within their refpective divifions; which re-
turns ſhall be made in a ſchedule, diftin-
guiſhing in each county, parish, townſhip,
town or city, the feveral families, by the
names of their maſter, miſtreſs, ſteward, over-
feer or other principal perfon therein, in the
manner following, that is to fay: The num-
ber of perfons within my divifion, confifting
of
appears in a ſchedule hereto an-
nexed, fubfcribed by me this
day of
A. B. affiftant to the marſhal of
or to the ſecretary of
-
(27)
<
:
Nam of county, parih, town-
ſhip, town or city where
the family refides.
V
Name of head of family.
Free white males under ten years
of age.
Free white males of ten and under
fixteen.
rice white males of lixteen and
under twenty-fix, including
heads of families.
Free white males of twenty-lìx and
under forty-five, including
heads of families.
fice white males of forty-five and
upwards, including heads of
families.
free white females under ten years
of age.
Free white females of ten years”
and under fixteen.
Free white females of fixteen and
under twenty-fix, including
heads of families.
Free white males of twenty-lix
and under forty-five, including
heads of families.
Free white females of forty-five
and upwards, including heads.
of families.
All other tree perfons, except
Indians, not taxed.
Slaves.
SCHEDULE of the whole number of perſons within the divifion allotted to A. B.
( 28 )
Penalty
Sec. 2. And be it further enacted, That every
on affif- affiftant, failing to make a proper return, or
tants ma- making a falfe return of the enumeration to
king no
the marſhal or the fecretary (as the cafe may
be) within the time by this act limited, ſhall
forfeit the fum of two hundred dollars.
return, or
a falfe
one.
to
returns
certain
courts,
gate re-
turns to
Sec. 3. And be it further enacted, That the
Marthals marshal and fecretaries fhall file the feveral
and fecre- returns aforefaid, with the clerks of their re-
file their fpective diſtrict or fuperior courts (as the cafe
affiftants may be) who are hereby directed to receive
and carefully preferve the fame: And the mar-
with the fhals, or fecretaries, refpectively, fhall on or
clerks of before the first day of September, one thou-
fand eight hundred and one, tranfmit to the
and make Secretary of State, the aggregate amount of
aggre- each deſcription of perfons within their re-
ſpective diſtricts or territories. And every
the Secre- marfhal or fecretary failing to file the returns
of his affiftants or any of them, with the
clerks of their refpective courts as aforefaid,
or failing to return the aggregate amount of
each defcription of perfons in their reſpective
diftricts or territories, as the fame fhall ap-
pear from faid returns, to the Secretary of
State, within the time limited by this act,
fhall, for every fuch offence, forfeit the fum
of eight hundred dollars; all which forfei-
tures fhall be recoverable in the courts of
the districts or territories where the offences
fhall be committed, or in the circuit courts
to be held within the fame, by action of debt,
information or indictment; the one half there-
of to the ufe of the United States, and the
other half to the informer; but where the
profecution fhall be firft inftituted on behalf
of the United States, the whole fhall accrue.
to their uſe. And for the more effectual dif-
1.
J
tary of
State.
( 29 )
act in
covery of offences, the judges of the feveral Certain
diſtrict courts in the feveral diftricts, and of judges to
the ſupreme courts, in the territories of the give this
United States, as aforefaid, at their next fef
charge to
fions, to be held after the expiration of the the grand
time allowed for making the returns of the juries.
enumeration hereby directed, to the Secretary
of State, fhall give this act in charge to the
grand juries, in their reſpective courts, and
fhall cauſe the returns of the feveral affiftants
to be laid before them for their infpection.
Sec. 4. And be it further enacted, That every Compen-
affiftant ſhall receive at the rate of one dollar, fation to
for every hundred perfons by him returned, affiftants.
where fuch perfons refide in the country, and
where fuch perfons refide in a city or town,
containing more than three thouſand perfons,
fuch affiftant fhall receive at the rate of one
dollar for every three hundred perfons, but
where, from the difperfed fituation of the inha-
bitants in fome divifions, one dollar for every
one hundred perfons fhall be infufficient, the
marſhals or fecretaries, with the approbation
of the judges of their reſpective diſtricts or
territories, may make fuch further allowance
to the affiftants in fuch divifions, as fhall be
deemed an adequate compenfation: Provided,
the fame does not exceed one dollar for every Compen-
fifty perfons by them returned. The feveral fation to
marthals and fecretaries fhall receive as fol- the mar
lows: The marshal of the diftri&t of Maine, thals.
two hundred dollars; the marfhal of the dif-
trict of New-Hampshire, two hundred dollars ;
the marshal of the district of Maffachuſetts,
three hundred dollars; the marfhal of the dif-
trict of Rhode-lfland, one hundred and fifty
dollars; the marshal of the diſtrict of Con-
necticut, two hundred dollars; the marthal
**
( 30 )
How
tranfient
perfons
and ab-
fentees
are to be
returned.
of the diftrict of Vermont, two hundred dol-
lars; the marſhal of the diftrict of New-York,
three hundred dollars; the marshal of the
diſtrict of New-Jersey, two hundred dollars;
the marthal of the district of Pennſylvania,
three hundred dollars; the marfhal of the
diſtrict of Delaware, one hundred dollars; the
marshal of the diftrict of Maryland, three
hundred dollars; the marfhal of the diſtrict
of Virginia, five hundred dollars; the marſhal
of the diftrict of Kentucky, two hundred and
fifty dollars; the marfhal of the district of
North-Carolina, three hundred and fifty dol-
lars; the marſhal of the diſtrict of South-
Carolina, three hundred dollars; the marfhal
of the diftrict of Georgia, two hundred and
fifty dollars; the marfhal of the diſtrict of
Tenneffee, two hundred dollars; the fecretary
of the territory of the United States north-
weft of the Ohio, two hundred dollars; the
ſecretary of the Miffifippi territory, one hun-
dred dollars.
Sec. 5. And be it further enacled, That every
perſon whoſe uſual place of abode fhall be in
any family on the aforefaid firſt Monday in
Auguft next, fhall be returned as of ſuch fa-
mily, and the name of every perfon, who fhall
be an inhabitant of any diftrict or territory,
but without a fettled place of refidence, fhall
be inferted in the column of the aforefaid
ſchedule, which is allotted for the heads of
families in that divifion where he or ſhe ſhall
be, on the faid firſt Monday in Auguſt next,
and every perfon occafionally abſent at the
time of the enumeration, as belonging to that
place in which he or ſhe ufually refides in the
United States.
ふ
​( 31 )
fons above
Sec. 6. And be it further enacted, That each Free per-
and every free perfon, more than fixteen years.
of age, whether heads of families or not, be- 16 years
old to give
longing to any family within any divifion, informa-
diftrict or territory made or eſtabliſhed with- tion to the
in the United States, fhall be, and hereby is affiftants.
obliged to render to fuch affiftant of the di-
viſion, a true account, if required, to the beſt
of his or her knowledge, of all and every per-
fon belonging to fuch family refpectively, ac-
cording to the ſeveral defcriptions aforefaid,
on pain of forfeiting twenty dollars, to be
fued for and recovered by fuch affiftant, the
one half for his own ufe and the other half to
the uſe of the United States.
their fche-
dules of
Sec. 7. And be it further enacted, That each
affiftant fhall, previous to making his returns Affiftants
to the marshal or fecretary (as the cafe may to poft up
be) cauſe a correct copy, figned by himſelf,
of the ſchedule containing the number of in- the num-
habitants within his divifion, to be fet up ber of in-
at two of the moſt public places within the habitants,
fame, there to remain for the inſpection of &c.
all concerned, for each of which copies the
faid affiftant fhall be entitled to receive two
dollars; provided, proof of the ſchedule.
having been fo fet up and fuffered to remain,
fhall be tranfmitted to the marfhal or fecre-
tary (as the cafe may be) with the return of
the number of the perfons, and in cafe any
affiſtant ſhall fail to make fuch proof to the
marſhal or fecretary, as aforefaid, he ſhall
forfeit the compenfation by this act allowed
him.
Sec. 8. And be it further enacted, That the Secretary
Secretary of State fhall be, and hereby is au- of State
thorized and required to tranfmit to the mar- inftruc-
to give
fhals of the feveral ftates and to the fecreta- tions for
( 32 )
My
this act
into effect
&c.
carrying ries aforefaid, regulations and inſtructions pur-
fuant to this act, for carrying the fame into ef
fect, and alfo the forms contained therein of
ſchedule to be returned, and proper interroga-
tories to be adminiſtered by the ſeveral perfons
who ſhall be employed therein.
THEODORE SEDGWICK,
Speaker of the House of Reprefentatives.
TH: JEFFERSON,
{
APPROVED-February 28, 1800.
JOHN ADAMS,
Vice-President of the United States, and
Prefident of the Senate.
Prefident of the United States.
Sec. I.
CHAPTER XIII.
66
An ACT in addition to an act intituled “ An a&t
regulating the grants of land appropriated for
military fervices, and for the Society of the
United Brethren for propagating the Gospel
among the Heathen."
B
lines ac-
E it enacted by the Senate and Houfe of
Reprefentatives of the United States
of America, in Congress affembled, That the re-
Points of ſpective points of interfection of the lines
interfec- actually run, as the boundaries of the feveral
tion of the townſhips furveyed by virtue of the act inti-
tually run tuled "an act regulating the grants of land
are to be appropriated for military fervices and for the
confider- fociety of the United Brethren for propagat-
ed as the ing the gofpel among the Heathen," accord-
townships. ingly as the faid lines have been marked and
afcertained at the time when the fame were
run, notwithſtanding the fame are not in con-
formity to the act aforefaid, or fhall not ap-
pear to correſpond with the plat of the furvey
corners of
P
L 33 >
Bounda-
ries of
which has been returned by the Surveyor
General, fhall be confidered, and they are
hereby declared to be the corners of the faid
townſhips ;-That in regard to every fuch
townſhip as by the plat and furvey 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
fuch townſhip, which are at an equal diſtance quarter
from thoſe two corners of the fame townfhip, town-
which ſtand on the fame boundary line, fhall fhips,
be confidered and they are hereby declared where
to be corners of the refpective quarters of stated to
they are
fuch township; that the other boundary lines contain
of the faid quarter townſhips fhall be ſtraight 4000
lines run from each of the laft mentioned acres.
corners of quarter townships to the corner of
quarter townſhips on the oppofite boundary
line of the fame township; and that in re-
gard to every fuch township as by the faid
return is ftated to contain in any of the quarries of
ters thereof more or lefs than the quantity of
four thouſand acres, the corners marked in town-
the boundary lines of fuch townfhip to defig- fhips,
nate the quarters thereof, fhall be confidered where
they are
and they are hereby declared to be the corners ftated to
of the quarter townſhips thereof, although the contain
fame may be found at unequal diſtances from more or
the reſpective corners of fuch townfhips: And lefs than
fuch townships fhall be divided by running
lines through the fame from the corners of
the quarter townfhips actually marked, whe-
ther the interior lines thus extended fhall be
parallel to the exterior lines of the faid town-
fhip or not; and that each of the faid quarter
townſhips thus bounded, fhall in every pro-
ceeding to be had under the above-mentioned
or this act, be confidered as containing the
VOL. V.
Bounda-
quarter
4000
acres.
E
зали
i
-
( 34 )
exact quantity expreffed in the plat and fur-
vey thereof returned by the Surveyor General.
દ
Sec. 2. And be it further enacted, That it
fhall be lawful for the proprietors or holders
of warrants for military ſervices, which have
been, or fhall be registered at the Treafury
in purſuance of the act intituled " an act re-
gulating the grants of land appropriated for
military ſervices, and for the fociety of the
United Brethren, for propagating the gofpel
among the Heathen," during the time, in the
manner, and according to the rights of pri-
ority, which may be acquired in purſuance
of faid act, to locate the quantities of land
mentioned in the warrants by them refpec-
tively regiſtered, as aforefaid, on any quar-
ter townſhip or fractional part of a quarter
township, in the general tract mentioned and
deſcribed in ſaid act: Provided always, that the
fractional 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 Sho-
enbrun, or the Indian boundary line, fhall
in every cafe be accepted and taken in full
fatisfaction for four thoufand acres.
Certain
quarter
townships
to be ta-
ken for
4000
acres.
Locati-
ons may
be made
on the
general
tract.
are made
on quarter
Sec. 3. And be it further enacled, That when-
ever locations fhall be made on any quarter
townſhip, which, according to the actual fur-
townships vey and plat thereof, returned by the Sur-
ftated to veyor General, is ftated to contain leſs than
contain the quantity of four thoufand acres, except
lefs than in the cafe of fractions provided for in the
acres, the preceding fection, it fhall be lawful for the
Secretary Secretary of the Treaſury to iffue, or cauſe to
of Trea- be iffued, certificates, expreffing the number
fury ſhall of acres remaining unfatisfied of any regiſtry
tificates of warrants for the quantity of four thousand
4000
caufe cer-
When lo-
cations
( 35 )
deficien-
cy.
acres, made in purfuance of the act before re- to be iffu-
cited, which certificates fhall have the fame ed for the
validity and effect, and be liable to be barred.
in like manner as warrants granted for mili-
tary fervices, but no certificate fhall be gran-
ted, nor any claim allowed for lefs than fifty
acres, nor for the navigable water contained
within the limits of any quarter townſhip or
fractional quarter township.
on quar-
ted to
contain
more than
Sec. 4. And be it further enacted, That when- What is
ever a location fhall be made on any quarter to be done
townſhip, which, according to the actual fur- when they
vey and plat thereof, returned by the Sur- are made
veyor General, is ftated to exceed the quan- ter town-
tity of four thouſand acres, no patent fhall hips fta-
be iſſued in purſuance thereof, until the per-
fon making fuch location, ſhall depofit at the
Treaſury, warrants for military fervices or 4000
certificates iffued by virtue of the preceding acres.
fection, equal to the excefs above four thou-
fand acres, contained in fuch quarter town-
fhip, or fhall pay into the Treafury of the
United States two dollars per acre, in the cer-
tificates of the fix per cent. funded debt of the
United States, or money, for each acre of the
exceſs above four thouſand acres as aforeſaid.
1
warrants
Sec. 5. And be it further enacted, That after
the priority of location fhall have been de- Referva-
termined, and after the proprietors or holders tions for
of warrants for military fervices fhall have fatisfying
defignated the tracts by them refpectively granted
elected; it ſhall be the duty of the Secre- to indivi-
tary of the Treafury to defignate by lot, in duals for
the preſence of the Secretary of war, fifty their fer-
quarter townships, of the lands remaining
unlocated, which quarter townfhips, together
with the fractional parts of townships remain-
ing unlocated, ſhall be reſerved for fatisfying
vices.
( 36 )
Referva-
tions to
be divi-
ded into
lots of
100acres.
warrants granted to individuals for their mili
tary ſervices, in the manner hereafter pro-
vided.
Sec. 6. And be it further enacted, That the
land in each of the quarter townships defig-
nated as aforefaid, and in fuch of the frac-
tional parts of quarter townships, as may
then remain unlocated, fhall be divided by
the Secretary of the Treafury, upon the re-
ſpective plats thereof, as returned by the Sur-
veyor General, into as many lots, of one hun-
dred acres each, as fhall be equal, as nearly
as may be, to the quantity fuch quarter town-
fhip or fraction is ftated to contain; each of
which lots fhall be included, where practi-
cable, between parallel lines, one hundred
and fixty perches in length, and one hundred
perches in width, and fhall be defignated by
progreffive numbers upon the plat, or furvey
of every fuch quarter township and fraction
refpectively.
warrants
Sec. 7. And be it further enacted, That from
Holders and after the fixteenth day of March next,
of fuch it fhall be lawful for the holder of any war-
may make rant granted for military fervices, to locate
locations at any time before the first day of January,
on thoſe one thouſand eight hundred and two, the
lots, and
number of hundred acres expreffed in fuch
receive
patents to warrant, on any lot or lots, from time to time,
their own remaining unlocated within the tracts referv-
ufe only ed as aforefaid, and upon furrendering fuch
warrant to the Treaſury, the holder thereof
fhall be entitled to receive a patent in the
manner, and upon the conditions heretofore
prefcribed by law; which patent fhall in
every cafe exprefs the range, township, quar-
ter townſhip or fraction, and number of the
lot located as aforefaid: But no location fhall
UND
( 37 )
+
be allowed, nor fhall any patent be iffued for
any lot or lots of one hundred acres, except
in the name of the perfon originally entitled
to fuch warrant, or the heir or heirs of the
perfon fo entitled; nor fhall any land, fo lo-
cated and patented, to a perfon originally
entitled to fuch warrant, be confidered as in
truſt for any purchaſer, or be ſubject to any
contract made before the date of fuch patent,
and the title to lands acquired, in confequence
of patents iffued as aforefaid, fhall and may-
be alienated in purfuance of the laws, which
have been, or fhall be paffed in the territory
of the United States, north-weft of the river
Ohio, for regulating the transfer of real pro-
perty, and not otherwife.
Where
are made
on the
Sec. 8. And be it further enacted, That in all locations
cafes after the fixteenth of March next, where
more than one application is made for the fame
fame tract, at the fame time, under this act, tract, pri-
or under the act to which this is in addition, ority to
be deter-
the Secretary of the Treaſury ſhall determine
the priority of location by lot.
mined by
lot.
Public
Sec. 9. And be it further enacted, That it fhall
be the duty of the Secretary of the Treafury notice to
to advertiſe the tracts which may be referved be given
for location, in lots of one hundred acres, in of the re-
one newſpaper in each of the ftates, and in ferva-
the territory aforefaid, for and during the tions.
term of three months.
Sec. 10. And be it further enacted, That the The plat
actual plat and furvey, returned by the Sur- returned
veyor General of quarter townships, and frac- by the
tional parts of quarter townfhips, contained
Surveyor
General,
in the tract mentioned and defcribed in the to be con-
act to which this is a fupplement, fhall be clufive as
confidered as final and conclufive, fo far as to quanti-
relates to the quantity of land, fuppofed to y
ty.
( 38 )
be contained in the quarter townships, and
fractions, fo that no claim fhall hereafter be
fet up againſt the United States, by any pro-
prietor, or holder of warrants for military
ſervices, on account of any deficiency in the
quantity of land contained in the quarter
townſhip or fractional part of a quarter town-
ſhip, which fhall have been located by fuch
proprietor or holder, nor fhall any claim be
hereafter fet up by the United States, againſt
fuch proprietor or holder, on account of any
excefs in the quantity of land contained
therein.
by refi-
dents of
the U.
States.
TH: JEFFERSON,
Vice-Prefident of the United States, and
Prefident of the Senate.
THEODORE SEDGWICK,
Speaker of the House of Reprefentatives.
APPROVED-March 1, 18co.
JOHN ADAMS,
Prefident of the United States.
CHAPTER XIV.
An ACT providing for falvage in caſes of re-
capture.
Sec. 1. E it enacted by the Senate and Houſe of
Reprefentatives of the United States
Salvage
on recap-
perty
claimed
of America, in Congress affembled, That when
tured pro- any veffel other than a veffel of war or priva-
teer, or when any goods which fhall hereafter
be taken as prize by any veffel, acting under
authority from the government of the United
States, fhall appear to have before belonged
to any perſon or perfons, refident within or
under the protection of the United States, and
to have been taken by an enemy of the Uni-
ted States, or under authority, or pretence of
authority, from any prince, government or
( 39 )
ftate, againſt which the United States have
authorized, or fhall authorize defence or re-
prifals, fuch veffel or goods not having been
condemned as prize by competent authority
before the re-capture thereof, the fame fhall
be reſtored to the former owner or owners
thereof, he or they paying for and in lieu of
falvage, if re-taken by a public veffel of the
United States, one eighth part, and if re-taken
by a private veffel of the United States, one
fixth part, of the true value of the veffel or
goods fo to be reftored, allowing and except-
ing all impofts and public duties to which the
fame may be liable. And if the veffel fo re-
taken fhall appear to have been fet forth and
armed as a veffel of war, before fuch capture
or afterwards, and before the re-taking there-
of as aforefaid, the former owner or owners,
on the reſtoration thereof, fhall be adjudged
to pay for and in lieu of falvage, one moiety
of the true value of ſuch veffel of war, or pri-
vateer.
States.
Sec. 2. And be it further enacted, That when
any veffel or goods, which fhall hereafter be Compen-
taken as prize, by any veffel acting under au- fation for
thority from the government of the Unitedcaptor-
ed proper-
States, fhall appear to have before belonged
ty claim-
to the United States and to have been taken ed by the
by an enemy of the United States, or under United
authority, or pretence of authority from any
prince, government or ftate, against which
the United States have authorized, or fall
authorize defence or reprifals, fuch public
veffel not having been condemned as prize
by competent authority before the re-capture
thereof, the fame fhall be restored to the Uni-
ted States. And for and in lieu of falvage,
there fhall be paid from the Treafury of the
T
( 40 )
United States, purfuant to the final decree
which ſhall be made in fuch cafe by any court
of the United States, having competent jurif-
diction thereof, to the parties who ſhall be
thereby entitled to receive the fame, for the
re-capture as aforefaid, of an unarmed veffel,
or any goods therein, one fixth part of the
true value thereof, when made by a private
veffel of the United States, and one twelfth
part of fuch value when the re-capture fhall
be made by a public armed veffel of the Uni-
ted States; and for the re-capture as aforefaid
of a public armed veffel, or any goods there-
in, one moiety of the true value thereof, when
made by a private veffel of the United States,
and one fourth part of fuch value, when fuch
re-capture fhall be made by a public armed
veffel of the United States.
on recap-
tured pro-
perty
friends.
Sec. 3. And be it further enacted, That when
Salvage any veffel or goods which ſhall be taken as
prize, as aforefaid, fhall appear to have be-
fore belonged to any perfon or perfons per-
claimed manently refident within the territory, and
by alien under the protection of any foreign prince,
government or ftate, in amity with the Uni-
ted States, and to have been taken by an
enemy of the United States, or by authority
or pretence of authority from any prince, go-
vernment or ſtate, againſt which the United
States have authorized, or fhall authorize,
defence or repriſals, then fuch veffel or goods
ſhall be adjudged to be restored to the for-
mer owner, or owners thereof, he or they
paying for and in lieu of falvage, fuch pro-
portion of the true value of the veffel or
goods fo to be reſtored, as by the law or
ufage of fuch prince, government or ſtate,
within whofe territory fuch former owner or
( 41 )
owners fhall be fo refident, fhall be required,
on the reſtoration of any veffel or goods of a
citizen of the United States, under like cir-
cumftances of re-capture, made by the au-
thority of fuch foreign prince, government or
ftate; and where no fuch law or ufage fhall
be known, the fame falvage fhall be allowed
as is provided by the firft fection of this act :
Provided, That no fuch veffel or goods fhall
be adjudged to be restored to fuch former.
owner or owners, in any cafe where the fame
ſhall have been, before the re-capture thereof,
condemned as prize by competent authority,
nor in any cafe where by the law or ufage of
the prince, government, or flate, within whoſe
territory fuch former owner or owners fhall
be refident as aforefaid, the veffel or goods
of a citizen of the United States, under like
circumſtances of re-capture, would not be
reftored to fuch citizen of the United States:
Provided alfo, that nothing herein fhall be
conftrued to contravene or alter the terms of
reſtoration in cafes of re-capture, which are
or ſhall be agreed on in any treaty between
the United States, and any foreign prince,
government or ſtate,
tion of fal-
vage.
Sec. 4. And be it further enacted, That all Deftribu
fums of money which may be paid for falvage,
as aforefaid, when accruing to any public
armed veffel, fhall be divided to and among
the commanders, officers and crew thereof, in
fuch proportions as are or may be provided
by law, reſpecting the diftribution of prize
money: And when accruing to any private
armed veffel, fhall be diftributed to and a-
mong the owners and company concerned in
fuch re-capture according to their agreements,
if fuch there be; and in cafe there be no
any
F
( 42 )
Repeal of
former
laws.
fuch agreement, then to and among fuch per-
fons, and in fuch proportions, as the court
having juriſdiction thereof fhall appoint.
Sec. 5. And be it further enacted, That fuch
parts of any acts of Congress of the United
States, as reſpect the falvage to be allowed in
cafes of re-capture, fhall be, and are hereby re-
pealed, except as to cafes of re-capture made
before the paffing of this act.
TH: JEFFERSON,
Vice-Prefident of the United States, and
Prefident of the Senate.
THEODORE SEDGWICK,
Speaker of the Houfe of Reprefentatives.
APPROVED-March 3, 1800.
JOHN ADAMS,
Prefident of the United States.
:
CHAPTER XV.
An ACT declaring the affent of Congress to certain
acts of the ftates of Maryland and Georgia.
·B
Eit enacted by the Senate and Houfe of
Reprefentatives of the United States
of America, in Congrefs affembled, That the con-
fent of Congreſs be, and hereby is granted to
the operation of an act of the General Affem-
bly of the ſtate of Maryland, paffed on the
twenty-fixth day of December, one thoufand
feven hundred and ninety-one, entitled "An
act empowering the wardens of the port of
Baltimore to levy and collect the duty there-
in mentioned," and alfo to fo much of an act
of the ſtate of Georgia, paffed February the
tenth, one thouſand feven hundred and eigh-
ty-feven, entitled, "An act for regulating the
trade, laying duties on all goods, wares, li-
quors, merchandiſe and negroes imported inte
Sec. 1.
( 43 )
this ftate; and alfo an impoft on the tonnage
of ſhipping, and for other purpoſes therein
mentioned," as authorizes a duty of three
pence per ton on all fhipping entering the
port of Savannah, to be fet 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 thoufand eight hun-
dred and eight, and no longer.
THEODORE SEDGWICK,
Speaker of the Houfe of Reprefentatives.
TH: JEFFERSON,
Vice-Prefident of the United States, and
Prefident of the Senate.
APPROVED-March 17, 1800.
JOHN ADAMS,
Prefident of the United States.
CHAPTER XVI.
An ACT to alter the times of holding the Diftrict
Court in North-Carolina.
Sec. I.
E it enacted by the Senate and Houfe
of Reprefentatives of the United States
of America, in Congress affembled, That the fef-
fions of the diftrict court for the diſtrict of
North-Carolina, fhall hereafter be holden on
the firſt Monday in February, May, Auguft,
and November annually.
Sec. 2. And be it further enacted, That all
procefs which fhall have been iffued, and all
recognizances returnable, and all fuits and
other proceeding, which have been continu-
ed to the faid diſtrict court on the firſt Mon-
day in April next, fhall be returned and held
į
( 44 )
L
{
continued to the faid court on the first Mon-
day of May next.
THEODORE SEDGWICK,
Speaker of the Houfe of Reprefentatives.
TH: JEFFERSON,
Vice-Prefident of the United States, and
Prefident of the Senate.
March 19, 1800.
APPROVED
-
JOHN ADAMS,
Prefident of the United States.
CHAPTER XVII.
An ACT for the relief of Campbell Smith.
E it enacted by the Senate and Houfe of Re-
prefentatives of the United States of Ameri-
ca, in Congress affembled, That the proper ac-
counting officers of the Treafury liquidate
and ſettle the account of Campbell Smith, for
his fervices as Judge Advocate to the legion
of the United States, while he acted in that
capacity, under an appointment made by Ge-
neral Wayne, on the fixteenth of July, one
thouſand ſeven hundred and ninety-four; and
that he be allowed fuch pay and emoluments
for faid fervices, in addition to his pay in the
line, as are allowed by law to officers acting
in that capacity.
THEODORE SEDGWICK,
Speaker of the House of Reprefentatives.
TH: JEFFERSON,
Vice-Prefident of the United States, and
Prefident of the Senate.
APPROVED-March 29th, 1800.
JOHN ADAMS,
Prefident of the United States.
( 45 )
CHAPTER XVIII.
An ACT to extend the privilege of franking let-
ters and packages to Martha Washington.
BE
E it enacted by the Senate and Houfe of Repre-
fentatives of the United States of America, in
Congress affembled, That all letters and pack-
ages to and from Martha Waſhington, relict
of the late General George Waſhington, ſhall
be received and conveyed by poft free of poſt-
´age, for and during her life.
THEODORE SEDGWICK,
Speaker of the Houfe of Reprefentatives.
TH: JEFFERSON,
Vice-Prefident of the United States, and
Prefident of the Senate.
APPROVED-April 3d, 1800.
JOHN ADAMŠ,
Prefident of the United States.
CHAPTER XIX.
An ACT to eſtabliſh an uniform Syftem of Bank-
ruptcy throughout the United States.
I.
Sec. 1.B of Reprefentatives of the United States
E it enacted by the Senate and Houfe
Who may
of America, in Congress affembled, That from
and after the first day of June next, if any be a bank-
merchant, or other perfon, refiding within rupt.
the United States, actually uſing the trade
of merchandize, by buying and felling in
groſs, or by retail, or dealing in exchange, or
as a banker, broker, factor, underwriter, or
marine infurer, fhall, with intent unlawfully
to delay or defraud his or her creditors, de- What ſhall
part from the ftate in which fuch perfon ufu- be an act of
ally refides, er remain abſent therefrom, or cy.
bankrupt-
<<
:
( 46 )
be an act
of bank-
ruptcy.
What ſhall conceal him or herſelf therein, or keep his or
her houſe, ſo that he or she cannot be taken,
or ferved with procefs, or willingly or frau-
dulently procure him or herfelf to be arreſted,
or his or her lands, goods, money or chattels
to be attached, fequeftered, or taken in exe-
cution, or fhall fecretly convey his or her
goods out of his or her houfe, or conceal
them to prevent their being taken in execu-
tion, or make, or caufe to be made, any frau-
dulent conveyance of his or her lands, or chat-
tels, or make or admit any falfe or fraudulent
fecurity, or evidence of debt, or being arreft-
ed for debt, or having furrendered him or her-
felf in diſcharge of bail, ſhall remain in priſon
two months, or more, or eſcape therefrom,
or whofe lands or effects being attached by
procefs iffuing out of, or returnable to, any
court of common law, fhall not, within two
months after written notice thereof, enter ſpe-
cial bail and diffolve the fame, or in diftricts
in which attachments are not diffolved by
the entry of ſpecial bail, being arreſted for
debt after his or her lands and effects, or any
part thereof, have been attached for a debt or
debts amounting to one thouſand dollars or
upwards, fhall not, upon notice of ſuch at-
tachment, give fufficient fecurity for the pay-
ment of what may be recovered in the fuit in
which he, or fhe, fhall be arreſted, at or be-
fore the return day of the fame, to be ap-
proved by the judge of the diſtrict, or ſome
judge of the court out of which the proceſs
iffued upon which he is arreſted, or to which
the ſame ſhall be returnable, every fuch per-
fon fhall be deemed and adjudged a bankrupt:
Provided, that no perfon fhall be liable to a
commiffion of bankruptcy, if the petition be
not preferred, in manner hereinafter directed,
( 47 )
within fix months after the act of bankruptcy
committed.
tain a com-
bankrupt-
cy.
Sec. 2. And be it further enacted, That the
judge of the diſtrict court of the United States, Proceed-
for the diftrict where the debtor refides, or ings to ob-
uſually refided at the time of committing the million of
act of bankruptcy, upon petition, in writing,
againſt fuch perfon or perfons being bank-
rupt, to him to be exhibited by any one cre-
ditor, or by a greater number, being partners,
whoſe ſingle debt fhall amount to one thou-
ſand dollars, or by two creditors, whoſe debts
fhall amount to one thoufand five hundred
dollars, or by more than two creditors, whofe
debts fhall amount to two thouſand dollars,
fhall have power, by commiffion under his
hand and ſeal, to appoint ſuch good and ſub-
ftantial perſons, being citizens of the United
States, and refident in ſuch diſtrict, as fuch
judge fhall deem proper, not exceeding three,
to be commiffioners of the faid bankrupt, and
in caſe of vacancy or refuſal to act, to appoint
others from time to time as occafion may re-
quire: Provided always, that before any com-
miffion fhall iffue, the creditor or creditors
petitioning fhall make affidavit or folemn af-
firmation before the faid judge, of the truth
of his, her, or their debts, and give bond, to
be taken by the faid judge, in the name, and
for the benefit of the faid party fo charged
as a bankrupt, and in ſuch penalty, and with
fuch furety as he ſhall require, to be condi-
tioned for the proving of his, her or their
debts, as well before the commiffioners as
upon a trial at law, in cafe the due iffuing
forth of the faid commiffion fhall be conteſt-
ed, and alſo for proving the party a bankrupt,
and to proceed on fuch commiffion, in the
S
( 48 )
→
manner herein prefcribed. And if fuch debt
ſhall not be really due, or after fuch commif-
ſion taken out it cannot be proved that the
party was a bankrupt, then the ſaid judge
Thall, upon the petition of the party aggriev-
ed, in caſe there be occafion, deliver fuch
bond to the ſaid party, who may ſue thereon,
and recover fuch damages, under the penalty
of the fame, as, upon trial at law, he fhall
make appear he has fuftained, by reaſon of
any breach of the condition thereof.
Commif-
fioners to
take an
the mode
of declar-
ing the
party a
Sec. 3. And be it further enacted, That before
the commiffioners fhall be capable of acting,
they fhall reſpectively take and ſubſcribe the
oath, and following oath or affirmation, which ſhall be
adminiſtered by the judge iffuing the com-
miffion, or by any of the judges of the fu-
preme court of the United States, or any
bankrupt. judge, juftice, or chancellor of any ftate
court, and filed in the office of the clerk of
the diftrict court: "I, A. B. do fwear, or
affirm, that I will faithfully, impartially, and
honeftly, according to the beſt of my ſkill
and knowledge, execute the ſeveral powers
and trufts repofed in me, as a commiffioner
in a commiffion of bankruptcy againſt
and that without favor or affection,
prejudice or malice." And the commiffioners,
who fhall be fworn as aforefaid, fhall pro-
ceed, as foon as may be, to execute the fame ;
and upon due examination, and fufficient
caufe appearing against the party charged,
fhall and may declare him or her to be a bank-
rupt: Provided, That before fuch examinati-
on be had, reaſonable notice thereof, in writ-
ing, fhall be delivered to the perfon charged
as a bankrupt; or if he, or fhe be not found
at his or her uſual place of abode, to ſome
I
-
*
( 49 )
<
perfon of the family above the age of twelve
years, or if no fuch perfon appear, fhall be
fixed at the front or other public door of the
houſe, in which he or ſhe ufually refides, and
thereupon it ſhall be in the power of ſuch
perfon, fo charged as aforefaid, to demand
before, or at the time appointed for fuch ex-
amination, that a jury be empannelled to en-
quire into the fact or facts, alledged as the
cauſes for iffuing the commiffion, and on ſuch
demand being made, the enquiry fhall be had
before the judge granting the commiffion, at
fuch time as he may direct, and in that cafe,
ſuch perſon ſhall not be declared bankrupt,
unleſs, by the verdict of the jury, he or ſhe
fhall be found to be within the defcription of
this act, and fhall be convicted of fome one
of the acts deſcribed in the firft fection of this
act: Provided alfo, that any commiffion which
fhall be taken out as aforefaid, and which
fhall not be proceeded in as aforefaid, within
thirty days thereafter, may be fuperceded by
the faid judge, who fhall have granted the
fame, upon the application of the party there-
by charged as a bankrupt, or of any creditor
of fuch perfon, unleſs the delay fhall have
been unavoidable, or upon a juft occafion.
Commif-
arreſted.
Sec. 4. And be it further enacted, That the
commiffioners fo to be appointed, fhall have fioners
power forthwith, after they have declared may caufe
ſuch perſon a bankrupt, to caufe to be ap- the bank-
prehended, by warrant under their hands and rupt to be
feals, the body of ſuch bankrupt, wherefover
to be found, within the United States: Pro-
vided, they fhall think, that there is reaſon to
apprehend that the faid bankrupt intends to
abfcond or conceal him or herſelf, and in cafe
it be neceffary, in order to take the body of
VOL. V.
G
( 50 )
*
the ſaid bankrupt, fhall have power to caufe
the doors of the dwelling-houfe of fuch bank-
rupt to be broken, or the doors of any other
houſe in which he or ſhe ſhall be found.
bank-
books and
papers.
Sec. 5. And be it further enacted, That it
They hall fhall be the duty of the commiffioners fo to
take into
be appointed, forthwith, after they have de-
their pof-
feffion the clared ſuch perſon a bankrupt, and they ſhall
have power to take into their poffeffion, all
rupt's pro- the eſtate, real and perfonal, of every nature
perty, and defcription to which the faid bankrupt
may be entitled, either in law or equity, in
any manner whatſoever, and caufe the fame
to be inventoried and appraiſed to the beſt
value, (his or her neceffary wearing apparel,
and the neceffary wearing apparel of the wife
and children, and neceffary beds and bed-
ding of fuch bankrupt only excepted) and alfo
to take into their poffeffion, and fecure, all
deeds and books of account, papers and writ-
ings belonging to fuch bankrupt; and fhall
cauſe the fame to be fafely kept, until affig-
nees fhall be chofen or appointed, in manner
hereafter provided.
Jo
ruptcy,
Sec. 6. And be it further enacted, That the
faid commiffioners fhall forthwith, after they
Notice of have declared ſuch perſon a bankrupt, cauſe
the bank- due and fufficient public notice thereof to be
appoint- given, and in ſuch notice ſhall appoint fome
ment of convenient time and place for the creditors
affignees, to meet, in order to chooſe an affignee or
proof of affignees of the ſaid bankrupt's eſtate and ef-
affign- fects;-at which meeting the faid commif-
ment of fioners fhall admit the creditors of fuch bank-
the bankrupt to prove their debts;-and where any
rupt's ef- creditor fhall refide at a distance from the
place of fuch meeting, hall allow the debt
of fuch creditor to be proved by oath or af
and
tate.
( 51 )
Key
firmation, made before fome competent au-
thority, and duly certified, and fhall permit
any perfon duly authorized by letter of attor-
ney from fuch creditor, due proof of the exe-
cution of fuch letter of attorney being first
made, to vote in the choice of an affignee or
affignees of ſuch bankrupt's eftate and effects,
in the place and ftead of fuch creditor: And
the faid commiffioners fhall affign, transfer or
deliver over, all and fingular the faid bank-
rupt's eftate and effects, aforefaid, with all
muniments and evidences thereof, to fuch
perfon or perfons as the major part, in value,
of fuch creditors, according to the feveral
debts then proved, fhall chooſe as aforefaid:
Provided always, that in fuch choice, no vote
fhall be given by, or in behalf of any creditor
whoſe debt ſhall not amount to two hundred
dollars.
Sec. 7. Provided always, and be it further en-
acted, That it fhall be lawful for the faid com-
miſſioners, as often as they fhall fee cauſe, for
the better preſerving and fecuring the bank-
rupt's eſtate, before affignees fhall be chofen
as aforefaid, immediately to appoint one or
more affignee or affignees of the eftate and
effects aforefaid, or any part thereof; which
affignee or affignees aforefaid, or any of them,
may be removed at the meeting of the credi-
tors, fo to be appointed as aforeſaid, for the
choice of affignees, if fuch creditors, entitled
to vote as aforefaid, or the major part, in va-
lue, of them, ſhall think fit; and fuch affignee
or affignees as ſhall be fo removed, fhall deli-
ver up
all the eſtate and effects of fuch bank-
rupt, which fhall have come to his or their
hands or poffeffion, unto fuch other affignee
or affignees as fhall be chofen by the creditors
-
( 52 )
as aforefaid; and all fuch eftate and effects
fhall be, to all intents and purpofes, as effec-
tually and legally vefted in fuch new affignee
or affignees, as if the firft affignment had been
made to him or them, by the faid commif-
fioners; and if fuch firft affignee or affignees
fhall refufe or neglect, for the fpace of ten
days next after notice, in writing, from fuch
new affignee or affignees, of their appoint-
ment, as aforefaid, to deliver over as afore-
faid, all the eſtate and effects as aforefaid,
every fuch affignee or affignees, fhall, refpec-
tively, forfeit a fum not exceeding five thou-
fand dollars, for the uſe of the creditors, and
fhall moreover be liable for the property fo
detained.
Creditors
may re-
others.
Sec. 8. And be it further enacted, That at
any time, previous to the clofing of the ac-
move the counts of the faid affignee or affignees, fo cho-
affignees fen as aforefaid, it ſhall be lawful for fuch
and chafe creditors of the bankrupt, as are hereby au-
thorized to vote in the choice of affignees, or
the major part of them, in value, at a regular
meeting of the faid creditors, to be called for
that purpoſe, by the faid commiffioners, or
by one fourth, in value, of ſuch creditors, to
remove all or any of the affignees choſen as
aforefaid, and to chooſe one or more in his or
their place and ftead: and fuch affignee or
affignees as fhall be fo removed, fhall deliver
up all the eftate and effects of fuch bankrupt,
which fhall have come into his or their hands
or poffeffion, unto fuch new affignee or affig-
nees as ſhall be chofen by the creditors, at
fuch meeting; and all fuch eſtate and effects
ſhall be, to all intents and purpoſes, as effec-
tually and legally vefted in fuch new affignee
or affignees, as if the firft affignment had been
•
( 53 )
made to him or them, by the faid commif-
fioners: And if fuch former affignee or af
fignees fhall refufe or neglect, for the fpace
of ten days next after notice, in writing, from
fuch new affignee or affignees, of their ap-
pointment, as aforefaid, to deliver over, as
aforefaid, all the eſtate and effects aforefaid,
every fuch former affignee or affignees, fhall,
reſpectively, forfeit a fum not exceeding five
thouſand dollars, for the ufe of the creditors,
and fhall moreover be liable for the property
fo detained.
Suits not
Sec. 9. And be it further enacted, That when-
ever a new affignee or affignees fhall be cho- abated by
fen as aforefaid, no fuit at law or in equity the remo
fhall be thereby abated; but it fhall and may val of af-
be lawful for the court in which any fuit may fignees.
depend, upon the fuggeſtion of a removal of
a former affignee or affignees, and of the ap-
pointment of a new affignee or affignees, to
allow the name of fuch new affignee or affig-
nees, to be fubftituted in place of the name
or names of the former affignee or affignees,
and thereupon the fuit fhall be profecuted in
the name or names of the new affignee or af-
fignees, in the fame manner as if he or they
had originally commenced the fuit in his or
their own names.
effect of
the alig-
Sec. 10. And be it further enacted, That the
affignment or affignments of the commiffion- General
ers of the bankrupt's eftate and effects as
aforefaid, made as aforefaid, fhall be good at ment by
law or in equity, against the bankrupt; and the com-
all perfons claiming by, from, or under fuch mithioners
bankrupt, by any act done at the time, or af-
ter he fhall have committed the act of bank-
ruptcy, upon which the commiffion iffued:
Provided always, that in caſe of a bona fide pur-
(54)
chaſe made before the iffuing of the commif-
fion from or under fuch bankrupt, for a valu-
able confideration, by any perſon having no
knowledge, information or notice of any act
of bankruptcy committed, fuch purchaſe fhall
not be invalidated or impeached.
It fhall
bar an
Sec. 11. And be it further enacled, That the
faid commiffioners fhall have power, by deed
eftate tail, or deeds, under their hands and feals, to af-
fign and convey to the affignee or affignees,
to be appointed or chofen as aforefaid, any
lands, tenements, or hereditaments, which
fuch bankrupt fhall be feifed of, or entitled
to, in fee tail, at law, or in equity, in poffef-
fion, remainder or reverfion, for the benefit
of the creditors; and all fuch deeds, being
duly executed and recorded according to the
laws of the ſtate within which fuch lands,
tenements or hereditaments may be fituate,
fhall be good and effectual againſt all perfons
whom the faid bankrupt, by common reco-
very, or other means, might or could bar of
any eftate, right, title, or poffibility of or in
the faid lands, tenements, or hereditaments.
Commif-
fioners
may ten-
Sec. 12. And be it further enacted, That if
any bankrupt fhall have conveyed or affured
any lands, goods or eftate, unto any perfon,
upon condition or power of redemption, by
der per- payment of money or otherwife, it fhall be
formance lawful for the commiffioners, or for any per-
of the fon by them duly authorized for that pur-
pofe, by writing, under their hands and feals,
which the to make tender of money or other perform-
bank- ance according to the nature of fuch condi-
rupt's pro- tion, as fully as the bankrupt might have
perty is done; and the commiffioners, after fuch per-
pledged. formance or tender, fhall have power to affign
fuch lands, goods and eſtate, for the benefit of
conditi-
ons on
-
-
( 55 )
the creditors, as fully and effectually as any
other part of the eſtate of ſuch bankrupt.
Effed of
Sec. 13. And be it further enacted, That the
commiffioners aforefaid fhall have power to the allign-
affign, for the uſe aforefaid, all the debts due ment of
to ſuch bankrupt, or to any other perfon for debts, and
his or her uſe or benefit; which affignment node of
fhall veft the property and right thereof in the recovery.
affignee or affignees of fuch bankrupt, as fully
as if the bond, judgment, contract or claim,
had originally belonged or been made to the
faid affignees; and after the faid affignment,
neither the faid bankrupt, nor any perfon
acting as truſtee for him or her, fhall have
power to recover or diſcharge the fame, nor
fhall the fame be attached as the debt of the
faid bankrupt; but the affignee or affignees
aforefaid fhall have fuch remedy to recover
the fame, in his or their own name or names,
as fuch bankrupt might or could have had, if
no commiffion of bankruptcy had iffued: And
when any action in the name of fuch bank-
rupt ſhall have been commenced, and fhall
be pending for the recovery of any debt or
effects of fuch bankrupt, which fhall be af-
figned, or fhall, or might become veſted in
the affignee or affignees of fuch bankrupt as
aforefaid, then fuch alignee or affignees may
claim to be, and fhall be thereupon admit-
ted to profecute ſuch action in his or their
name, for the ufe and benefit of the credi-
tors of fuch bankrupt; and the fame judg-
ment fhall be rendered in fuch action, and all
attachments or other fecurity taken therein,
fhall be in like manner holden and liable,
as if the faid action had been originally
commenced in the name of fuch affignee or
affignees, after the original plaintiff therein
had become a bankrupt as aforefaid: Pro-
!
起
​( 56 )
vided, that where a debtor fhall have, bona
fide, paid his debt to any bankrupt, without
notice that fuch perfon was bankrupt, he or
fhe fhall not be liable to pay the fame to the
affignee or affignees.
Sec. 14. And be it further enacted, That if
Mode of complaint fhall be made or information given
difcover- to the commiffioners, or if they fhall have
ing con-
good reaſon to believe or ſuſpect, that
cealed
any of
property
the property, goods, chattels, or debts, of the
or debts. bankrupt, are in the poffeffion of any other
perfon, or that any perfon is indebted to, or
for the ufe of the bankrupt, then the faid
commiffioners fhall have power to ſummon,
or cauſe to be fummoned, by their attorney
or other perfon duly authorized by them, all
fuch perfons before them, or the judge of the
diftrict where fuch perfon fhall refide, by
fuch procefs, or other means, as they fhall
think convenient, and upon their appearance,
to examine them by parol or by interrogato-
ries, in writing, on oath, or affirmation, which
oath or affirmation they are hereby empower-
ed to adminifter, refpecting the knowledge of
all fuch property, goods, chattels, and debts;
and if fuch perfon fhall refufe to be fworn or
affirmed, and to make anſwer to fuch quef-
tions or interrogatories as fhall be adminif
tered, and to fubfcribe the faid anfwers, or
upon examination fball not declare the whole
truth, touching the fubject matter of fuch
examination, then it fhall be lawful for the
commiffioners, or judge, to commit ſuch per-
ſon to priſon, there to be detained until they
fhall fubmit themſelves to be examined in
manner aforefaid, and they fhall moreover,
forfeit double the value of all the property,
goods, chattels, and debts, by them concealed.
*
( 57 )
Mode of
attend-
ance of
Sec. 15. And be it further enacted, That if
any of the aforefaid perfons fhall, after legal compel-
ſummons to appear before the commiffioners ling the
or judge, to be examined, refufe to attend, or
fhall not attend at the time appointed, having witneffes:
no fuch impediment as fhall be allowed of by
the commiffioners or judge, it ſhall be lawful
for the faid commiffioners or judge, to direct
their warrants to fuch perfon or perfons as by
them ſhall be thought proper, to apprehend
ſuch perſons as fhall refuſe to appear, and to
bring them before the commiffioners or judge,
to be examined, and upon their refufal to
come, to commit them to prifon, until they
fhall fubmit themfelves to be examined, ac-
cording to the directions of this act: Provi-
ded, That fuch witneffes as fhall be ſo ſent for,
fhall be allowed fuch compenfation as the fation.
commiffioners, or judge fhall think`fit, to be
rateably borne by the creditors; and if any
perfon, other than the bankrupt, either by Punish-
fubornation of others, or by his or her own ment of
act, fhall wilfully or corruptly commit per- perjury
jury on fuch examination, to be taken before and fubor-
the commiffioners as aforefaid, the party fo
offending, and all perfons who fhall procure
any perſon to commit fuch perjury, fhall, on
conviction thereof, be fined, not exceeding
four thousand dollars, and impriſoned, not
exceeding two years, and moreover fhall, in
either cafe, be rendered incapable of being a
witneſs in any court of record.
Their
compen-
nation
thereof.
Penalty
on mak-
Sec. 16. And be it further enacted, That if
any perfon or perfons fhall fraudulently, or
collufively claim any debts, or claim or de- inga frau-
tain any real or perfonal eftate of the bank- dulent
rupt, every fuch perfon fhall forfeit double claim.
the value thereof, to and for the uſe of the
creditors.
VOL. V.
H
'
( 58 )
Sec. 17. And be it further enacted, That if
any perfon, prior to his or her becoming a
bankrupt, fhall convey to any of his or her
children, or other perfons, any lands or goods,
or transfer his or [her] debts or demands into
other perfon's names, with intent to defraud
conveyed his or her creditors, the commiffioners fhall
have power to affign the fame, in as effectual
a manner as if the bankrupt had been actually
feifed or poffeffed thereof.
lently
away.
Commif-
tioners
nay af
fign pro-
perty
fraudu-
rupt to
&c.
Sec. 18. And be it further enacted, That if
Duty of any perſon or perfons who fhall become bank-
the bank- rupt within the intent and meaning of this
furrender act, and against whom a commiffion of bank-
himfelf ruptcy fhall be duly iffued, upon which com-
and beex- miffion fuch perfon or perfons, fhall be de-
amined, clared bankrupt, fhall not within forty-two
days after notice thereof, in writing, to be
left at the ufual place of abode of fuch per-
fon or perfons, or perfonal notice in cafe fuch
perſon or perſons be then in priſon, and no-
tice given in fome gazette, that fuch commif-
fion hath been iffued, and of the time and
place of meeting of the commiffioners, fur-
render him or herſelf to the faid commiſſion-
ers, and fign or fubfcribe fuch furrender,
and ſubmit to be examined, from time to time,
upon oath or folemn affirmation, by and be-
fore fuch commiffioners, and in all things
conform to the provifions of this act, and
alfo upon fuch his or her examination, fully
and truly diſcloſe and diſcover all his or her
effects and eſtate, real and perfonal, and how
and in what manner, to whom and upon what
confideration, and at what time or times he
or the hath difpofed of, affigned or transfer-
red, any of his or her goods, wares, or mer-
chandize, monies, or other effects and eftate,
T
( 59 )
-
and of all books, papers and writings relating
thereunto, of which he or he was poffeffed,
or in or to which he or ſhe was any ways in-
tereſted or entitled, or which any perfon or
perfons fhall then have, or ſhall have had in
truſt for him or her, or for his or her ufe, at
any time before or after the iffuing of the
faid commiffion, or whereby fuch bankrupt,
or his or her family then hath, or may have
or expect any profit, poffibility of profit, be-
nefit or advantage whatfoever, except only
ſuch part of his or her eſtate and effects as
ſhall have been really and bona fide before fold
and difpofed of, in the way of his or her trade
and dealings, and except fuch fums of money
as fhall have been laid out in the ordinary
expenſes of his or her family, and alſo upon
fuch examination, execute in due form of law,
fuch conveyance, affurance, and affignment
of his or her eftate, whatſoever and wherefo-
ever, as fhall be deviſed and directed by the
commiffioners, to veft the fame in the affig-
nees, their heirs, executors, adminiſtrators,
and affigns forever, in truft for the uſe of all
and every the creditors of fuch bankrupt,
who fhall come in and prove their debts un-
der the commiffion; and deliver up unto the
commiffioners, all fuch part of his or her the
ſaid bankrupt's goods, wares, merchandizes,
money, effects and eftate, and all books, pa-
pers, and writings relating thereunto, as at
the time of fuch examination fhall be in his
or her poffeffion, cuftody or power, his or her
neceffary wearing apparel, and the neceffary
wearing apparel of the wife and children, and
neceffary beds and bedding, of fuch bankrupt
only excepted, then he or fhe the faid bank-
rupt, upon the conviction of any wilful de-
fault, or omiffion in any of the matters or
W
( 60 )
*
the bank-
things aforefaid, fhall be adjudged a fraudu-
lent bankrupt, and fhall fuffer impriſonment
for a term not lefs than twelve months, nor
exceeding ten years, and fhall not, at any time
after, be entitled to the benefits of this act:
Mcde of Provided always, that in cafe any bankrupt
examina- fhall be in prifon or cuftody at the time of
tion when iffuing fuch commiffion, and is willing to fur-
rupt is in render and fubmit to be examined, according
prifon. to the directions of this act, and can be brought
before the faid commiffioners and creditors
for that pupofe, the expenfe thereof fhall be
paid out of the faid bankrupt's effects, and
in cafe fuch bankrupt is in execution, or can-
not be brought before the commiffioners, that
then the faid commiffioners, or fome one of
them fhall, from time to time, attend the faid
bankrupt in priſon or cuftody, and take his
or her diſcovery as in other cafes, and the
affignees, or one of them, or fome perfon ap-
pointed by them, fhall attend fuch bankrupt
in priſon or cuftody, and produce his or her
books, papers and writings, in order to enable
him or her to prepare his or her difcovery;
a copy whereof the faid affignees fhall apply
for, and the faid bankrupt fhall deliver to
them or their order, within a reaſonable time
after the fame fhall have been required.
Days of
meeting
to be ap-
mited for
Sec. 19. And be it further enacted, That the
faid commiffioners fhall appoint, within the
pointed faid forty-two days, fo limited as aforefaid,
within the for the bankrupt to furrender and conform as
terin li aforefaid, not lefs than three feveral meetings
the fur- for the purpoſes aforefaid, the third of which
render, meetings fhall be on the laft of the faid forty-
two days: Provided always, That the judge of
The term the diftri&t within which fuch commiffion if-
may be
fues, fhall have power to enlarge the time fo
enlarged.
&c.
( 61 )
5
limited as aforefaid, for the purpoſes afore-
faid, as he ſhall think fit, not exceeding fifty
days, to be computed from the end of the
faid forty-two days, fo as fuch order for en-
larging the time be made at least fix days
before the expiration of faid term.
broken
Sec. 20. And be it further enacted, That it
Houfes,
fhall be lawful for the commiffioners, or any doors, &c.
other perfon or officers, by them to be ap- of the
pointed, by their warrant, under their hands bankrupt
and feals, to break open in the day time the may be
houſes, chambers, fhops, ware-houſes, doors, open.
trunks, or chefts, of the bankrupt, where any
of his or her goods or eftate, deeds, books
of account or writings, fhall be, and to take
poffeffion of the goods, money, and other ef-
tate, deeds, books of account or writings of
fuch bankrupt.
-
ted for re-
Sec. 21. And be it further enacted, That if the
bankrupt fhall refufe to be examined, or to Bankrupt
anfwer fully, or to fubfcribe his or her exa- may be
mination as aforefaid, it fhall be lawful for commit-
the commiffioners to commit the offender to fufal tobe
clofe impriſonment, until he or she fhall con- examin-
form him or herſelf; and if the ſaid bankrupt ed, &c.
fhall fubmit to be examined, and upon his or
her examination, it fhall appear that he or Puniſh-
fhe hath committed wilful or corrupt perjury, ment of
he or the may be indicted therefor, and being his perju-
thereof convicted, fhall fuffer impriſonment
for a term not lefs than two years, nor ex-
ceeding ten years.
ry.
Sec. 22. And be it further enacted, That every
bankrupt, having furrendered, fhall, at all fea- To have
fonable times before the expiration of the faid accefs to
forty-two days, as aforefaid, or of fuch fur- his books
ther time as fhall be allowed to finifh his or
her examination, be at liberty to infpect his
and wri-
tings.
P
( 62 )
To be
der, &c.
or her books and writings, in the prefence of
fome perfon to be appointed by the commif-
fioners, and to bring with him or her, for his
or her affiftance, fuch perfons as he or fhe
fhall think fit, not exceeding two at one time,
and to make extracts and copies, to enable
him or her to make a full difcovery of his or
her effects; and the faid bankrupt fhall be
free from arrefts, in coming to furrender, and
free from after having furrendered to the faid commif-
arreft iu fioners, for the faid forty-two days, or ſuch
coming farther time as fhall be allowed for the finish-
to furren-
ing his or her examination; and in cafe fuch
bankrupt fhall be arrested for debt, or taken
on any eſcape warrant or execution, coming
to furrender, or after his ſurrender within the
time before-mentioned, then on producing
fuch fummons or notice under the hand of
the commiffioners, and giving the officer a
copy thereof, he or fhe fhall be difcharged;
and in cafe any officer fhall afterwards detain
fuch bankrupt, fuch officer fhall forfeit to
fuch bankrupt, for his or her own uſe, ten
dollars for every day he fhall detain the bank-
rupt.
SING
On con-
Sec. 23. And be it further enacted, That every
Penalty perfon who fhall knowingly or wilfully re-
cealing a ceive or keep concealed any bankrupt, fo as
bankrupt. aforefaid fummoned to appear, or who fhall
affiſt ſuch bankrupt in concealing him or her-
felf, or in abfconding, fhall fuffer fuch impri-
fonment, not exceeding twelve months, or
pay fuch fine to the United States, not ex-
ceeding one thoufand dollars, as upon con-
viction thereof fhall be adjudged.
Bank-
Sec. 24. And be it further enacted, That the
rupt's wife faid commiffioners fhall have power to exa-
may be
examined, mine, upon oath or affirmation, the wife of
گے
M
( 63 )
any perfon lawfully declared a bankrupt, for
the diſcovery of ſuch part of his eſtate as may
be concealed or difpofed of by fuch wife, or
by any other perfon; and the faid wife fhall
incur ſuch penalties for not appearing before
the faid commiffioners, or refufing to be
fworn or affirmed, or examined, and to ſub-
ſcribe her examination, or for not difclofing
the truth, as by this act is provided againſt
any other perfon in like cafes.
Sec. 25. And be it further enacted, That in Caufe of
cafe any perſon fhall be committed by the commit-
commiffioners for refufing to anfwer, or for ment to
not fully anſwering any queftion, or for any fed in the
be expref-
other caufe, the commiffioners fhall, in their commif-
warrant, ſpecify fuch queſtion or other caufe fioner's
of commitment.
warrant.
eftate.
Sec. 26. And be it further enacted, That if
Bounty
after the bankrupt fhall have finished his or for difco-
her final examination, any other perfon or vering
perfons fhall voluntarily make difcovery of bank-
any part of fuch bankrupt's eftate, before un- rupt's
known to the commiffioners, fuch perfon or
perſons ſhall be entitled to five per cent. out
of the effects fo difcovered, and fuch further
reward as the commiffioners fhall think pro-
per; and any truſtee having notice of the Penalty
bankruptcy, wilfully concealing the eftate of on truf-
any bankrupt, for the ſpace of ten days after cealing
the bankrupt fhall have finished his final ex- his pro-
amination, as aforefaid, fhall forfeit double perty.
the value of the eſtate ſo concealed, for the
benefit of the creditors.
tees con-
Sec. 27. And be it further enacted, That if Goods of
any perſon fhall become bankrupt, and at which the
fuch time, by confent of the owner, have in bankrupt
his or her peffeffion and difpofition, any puted
goods whereof he or ſhe fhall be reputed own-owner,
is the re-
( 64 )
:
may be
er, and take upon him or herſelf, the fale,
affigned. alteration, or difpofition thereof, as owner,
the commiffioners fhall have power to affign
the fame, for the benefit of the creditors, as
fully as any other part of the eftate of the
bankrupt.
on the
commit-
fatisfac-
rupt:
Sec. 28. And be it further enacted, That if
Penalty any bankrupt, after the iffuing any commif-
fion againſt him or her, pay to the perfon
perfon fu- who fued out the fame, or give or deliver to
ing out a fuch perfon, goods or any other fatisfaction
or fecurity for his or her debt, whereby fuch
ceiving perfon fhall privately have and receive a grea-
an undue ter proportion of his or her debt than the
tion from other creditors, fuch preference ſhall be a new
the bank- act of bankruptcy, and on good proof there-
of, fuch commiffion fhall and may be fuper-
Proceed- ceded, and it fhall and may be lawful for
ings
either of the judges, having authority to grant
thereon. the commiffion as aforefaid, to award any
creditor petitioning another commiffion, and
fuch perfon, fo taking fuch undue fatisfaction
as aforefaid, ſhall forfeit and looſe, as well his
or her whole debts, as the whole he or ſhe
ſhall have taken and received, and ſhall pay
back, or deliver up the fame, or the full va-
lue thereof, to the affignee or affignees who
fhall be appointed or chofen under fuch com-
miffion, in manner aforefaid, in truft for, and
to be divided among the other creditors of
the faid bankrupt, in proportion to their re-
ſpective debts.
Sec. 29. And be it further enacted, That every
perſon who fhall be chofen affignee of the
eſtate and effects of a bankrupt, fhall, at fome
time after the expiration of four months, and
within twelve months from the time of iffu-
ing the commiffion, caufe at leaſt thirty days
fion, re-
Ad
Notice of
a divi-
dend.
"
( 65 )
the firſt
dividend.
public notice to be given, of the time and
place the commiffioners and affignees intend
to meet, to make a dividend or diftribution
of the bankrupt's eftate and effects; at which
time the creditors who have not before prov-
ed their debts, fhal be at liberty to prove the
fame; and upon every fuch meeting, the af
fignee or affignees fhall produce to the com- Mode of
miffioners and creditors then prefent, fair and making
juft accounts of all his or their receipts and
payments, touching the bankrupt's eftate and
effects, and of what fhall remain out ſtand-
ing, and the particulars thereof, and fhall, if
the creditors then prefent, or a major part of
them, require the fame, be examined upon
oath or folemn affirmation, before the fame
commiffioners, touching the truth of ſuch
accounts; and in fuch accounts, the faid af-
fignee or affignees fhall be allowed and retain
all fuch fum and fums of money, as they fhall
have paid or expended in fuing out and pro-
fecuting the commiffion, and all other juft
allowances on account of, or by reafon or
means of their being affignee or affignees; and
the faid commiffioners fhall order fuch part
of the nett produce of the ſaid bankrupt's ef
tate, as by fuch accounts or otherwife fhall
appear to be in the hands of the faid affig-
nees, as they ſhall think fit, to be forthwith
divided
fuch of the bankrupt's credi-
among
tors as have duly proved their debts under
fuch commiffion, in proportion to their feve-
ral and refpective debts; and the commiffi-
oners fhall make fuch their order for a divi-
dend in writing, under their hands, and fhall
cauſe one part of fuch order to be filed a-
mongſt the proceedings under the faid com-
miffion, and fhall deliver unto each of the
affignees under fuch commiffion, a duplicate
VOL. V.
I
-
20
( 66 )
of fuch their order, which order of diftribu-
tion fhall contain an account of the time and
place of making fuch order, and the fum to-
tal or quantum of all the debts proved under
the commiffion, and the fum total of the mo-
ney remaining in the hands of the affignee or
affignees to be divided, and how many per
cent. in particular is there ordered to be paid
to every creditor of his debt; and the faid
affignee or affignees in purſuance of fuch or-
der, and without any deed or deeds of diftri-
bution, to be niade for the purpoſe, fhall
forthwith make fuch dividend and diſtribu-
tion accordingly, and fhall take receipts, in
a book to be kept for the purpoſe, from each
creditor, for the part or fhare of ſuch divi-
dend or diſtribution, which he or they fhall
make, and pay to each creditor reſpectively;
and fuch order and receipt fhall be a full and
effectual diſcharge to fuch affignee for fo much
as he fhall fairly pay, purſuant to fuch order
as aforefaid.
Second
Sec. 30. And be it further enacted, That with-
in eighteen months, next after the iffuing of
and fub- the commiffion, the affignee or affignees hall
fequent make a fecond dividend of the bankrupt's
dividends. eftate and effects, in cafe the fame were not.
wholly divided upon the firft dividend, and
fhall caufe due public notice to be given of
the time and place the faid commiffioners in-
tend to meet, to make a fecond diftribution
of the bankrupt's eftate and effects, and for
the creditors who fhall not before have prov-
ed their debts, to come in and prove the
fame; and at fuch meeting, the faid affignees
fhall produce, on oath or folemn affirmation
as aforefaid, their accounts of the bankrupt's
eſtate and effects, and what, upon the balance
thereof, fhall appear to be in their hands,
1
( 67 )
ſhall by like order of the commiffioners, be
forthwith divided amongſt fuch of the bank-
rupt's creditors as ſhall have made due proof
of their debts, in proportion to their feveral
and reſpective debts; which fecond dividend
fhall be final, unleſs any fuit at law, or equity,
be depending, or any part of the eſtate ſtand-
ing out, that could not have been diſpoſed of,
or that the major part of the creditors fhall
not have agreed to be fold or diſpoſed of, or
unleſs fome other or future eftate or effects
of the bankrupt fhall afterwards come to, or
reft in the ſaid affignees, in which cafes the
faid affignees fhall, as foon as may be, convert
fuch future or other eſtate and effects into
money, and fhall, within two months after
the fame be converted into money, by like
order of the commiffioners, divide the fame
among fuch bankrupt's creditors as fhall have
made due proof of their debt under fuch com-
miffion.
Bank-
vided
Sec. 31. And be it further enacted, That in
the diſtribution of the bankrupt's effects, there
ſhall be paid to every of the creditors a por-
rupt's ef-
tion-rate, according to the amount of their tate to be
reſpective debts, fo that every creditor having proporti-
fecurity for his debt by judgment, ftatute, onally di-
recognizance, or fpeciality, or having an at- without
tachment under any of the laws of the indi- regard to
vidual ſtates, or of the United States, on the creditor's
eftate of ſuch bankrupt, (Provided there be fecurity.
no execution executed upon any of the real
or perſonal eſtate of fuch bankrupt, before the
time he or ſhe became bankrupts) ſhall not be
relieved upon any fuch judgment, ftatute,
recognizance, fpeciality, or attachment, for
more than a rateable part of his debt, with
the other creditors of the bankrupt.
( 68 )
books of
open to
Sec. 32. And be it further enacted, That the
Affignees aflignees fhall keep one or more diftin&t book,
fhall keep or books of account, wherein he or they fhall
account, duly enter all fums of money or effects, which
he or they fhall have received, or got into his
the credi- or their poffeffion, of the ſaid bankrupt's ef
tors' in- tate, to which books of account, every cre-
fpection.
ditor who fhall have proved his or her debt,
fhall, at all reaſonable times, have free refort,
and infpect the fame as often as he or fhe
fhall think fit.
Sec. 33. And be it further enacted, That every
Bankrupt bankrupt, not being in prifon or cuftody,
bound to fhall, at all times after his furrender, be bound
attend the to attend the affignees, upon every reafonable
aflignees notice, in writing, for that purpoſe, given or
when re-
quired. left at the ufual place of his or her abode, in
order to aflift in making out the accounts of
the faid bankrupt's eftate and effects, and to
attend any court of record, to be examined
touching the fame, or fuch other buſineſs, as
the faid affignees fhall judge neceffary, for
which he fhall receive three dollars per day.
H
Allow-
ance to
the bank
of his et
rupt out
ef-
tate.
Sec. 34. And be it further enacted, That all
and every perſon and perfons who fhall be-
come bankrupt as aforefaid, and who fhall,
within the time limited by this act, furrender
him or herſelf to the commiffioners, and in all
things conform as in and by this act is direc-
ted, fhall be allowed five per cent. upon the
nett produce of all the eftate that fhall be
recovered in and received, which fhall be
paid unto him or her by the affignee or affig-
nees, in cafe the nett produce of ſuch eftate,
after ſuch allowance made, fhall be fufficient
to pay the creditors of faid bankrupt, who
fhall have proved their debts under fuch com-
miffion, the amount of fifty per cent. on their
SON
( 69 )
debts
faid debts, reſpectively, and fo as the ſaid five
per cent. fhall not exceed in the whole, the
fum of five hundred dollars; and in cafe the
nett produce of the faid eftate fhall, over and
above the allowance hereafter mentioned, be
fufficient to pay the faid creditors feventy-five
per cent. on the amount of their faid debts,
reſpectively, that then the faid bankrupt fhall
be allowed ten per cent, on the amount of
fuch nett produce, to be paid as aforefaid, fo
as fuch ten per cent. fhall not, in the whole,
exceed the fum of eight hundred dollars; and
every ſuch bankrupt fhall be diſcharged from He fhall
all debts by him or her due or owing, at the be dif-
time he or ſhe became bankrupt, and all charged
which were or might have been proved under from all
the ſaid commiffion; and in cafe any fuch which
bankrupt ſhall afterwards be arreſted, profe- might be
cuted or impleaded, for or on account of any proved
of the ſaid debts, fuch bankrupt may appear
without bail, and may plead the general iffue,
and give this act, and the fpecial matter in
evidence: And the certificate of fuch bank-
rupt's conforming, and the allowance thereof,
according to the directions of this act, fhali
be, and fhall be allowed to be fufficient evi-
dence, prima facie, of the party's being a bank-
rupt within the meaning of this act, and of
the commiffion and other proceedings prece-
dent to the obtaining fuch certificate, and a
verdict ſhall thereupon paſs for the defend-
ant, unleſs the plaintiff in fuch action can
prove the faid certificate was obtained un-
fairly, and by fraud, or unleſs he can make
appear any concealment of eftate or effects.
by fuch bankrupt to the value of one hundred
dollars: Provided, That no fuch diſcharge of
a bankrupt, fhall releaſe or diſcharge any per-
under the
commif-
fion.
( 70 )
fon who was a partner with fuch bankrupt, at
the time he or ſhe became bankrupt, or who
was then jointly held or bound with fuch
bankrupt for the fame debt or debts from
which fuch bankrupt was diſcharged as afore-
faid.
If the
bank-
not pay
half his
Sec. 35. Provided always, and be it further
enacled, That if the nett proceeds of the bank-
rupt's ef- rupt's eftate, fo to be difcovered, recovered.
tate does and received, ſhall not amount to ſo much as
will pay all and every of the creditors of the
debts, faid bankrupt, who fhall have proved their
what al- debts under the faid commiffion, the amount
lowance of fifty per cent. on their debts refpectively,
after all charges firft deducted, that then, and
in fuch cafe, the bankrupt fhall not be allow-
ed five per centum on fuch eftate as fhall be
recovered in, but fhall have and be paid by
the affignees fo much money as the commif-
fioners hall think fit to allow, not more than
three hundred dollars, nor exceeding three
per centum on the nett proceeds of the faid
bankrupt's eſtate.
he fhall
have.
-
A certif
cate of
Sec. 36. Provided alfo, and be it further en-
acted, That no perfon becoming a bankrupt
according to the intent and provifions of this
difcharge act, fhall be entitled to a certificate of dif
may ne- charge, or to any of the benefits of the act,
ceffary, unleſs the commiffioners fhall certify under
and how their hands, to the judge of the diſtrict with-
in which fuch commiffion iffues, that fuch
bankrupt hath made a full difcovery of his or
her eftate and effects, and in all things con-
formed him or herfelf to the directions of this
act, and that there doth not appear to them
any reafon to doubt of the truth of fuch dif
covery, or that the fame was not a full dif-
covery of the faid bankrupt's eftate and ef
it is to
be obtain-
ed.
:
( 71 )
fects; or unleſs the faid judge fhould be of
opinion that the faid certificate was unreafon-
ably denied by the commiffioners; and unleſs
two-thirds, in number and in value, of the
creditors of the bankrupt, who fhall be credi-
tors for not less than fifty dollars reſpectively,
and who fhall have duly proved their debts
under the faid commiflion, fhall fign fuch
certificate to the judge, and teſtify their con-
fent to the allowance of a certificate of dif
charge, in purſuance of this act; which fign-
ing and confent fhall be alfo certified by the
commiffioners; but the faid commiffioners
fhall not certify the fame till they have proof
by affidavit or information, in writing, of ſuch
creditors, or of the perfons refpectively au-
thorized for that purpoſe, figning the faid
certificate; which affidavit or affirmation, to-
gether with the letter or power of attorney to
fign, fhall be laid before the judge of the dif-
trict within which fuch commiffion iffues, in
order for the allowing the certificate of dif
charge, and the faid certificate fhall not be
allowed unleſs the bankrupt make oath or
affirmation in writing, that the certificate of
the commiffioners, and confent of the credi-
tors thereunto, were obtained fairly and with-
out fraud; and any of the creditors of the
faid bankrupt are allowed to be heard, if
they ſhall think fit, before the reſpective per-
fons aforefaid, againſt the making or allow-
ing of fuch certificates by the commiffioners
or judge.
-
<
Cat
Sec. 37. And be it further enacted, That if
any creditor, or pretended creditor or any For what
bankrupt, fhall exhibit to the commiffioners mifcon-
any fictitious or falfe debt, or demand, with duct of
intent to defraud the real creditors of fuch
bankrupt, and the bankrupt fhall refufe to thall lot
the bank-
rupt, he
( 72 )
his right
make diſcovery thereof, and fuffer the fair
to a certi- creditors to be impofed upon, he ſhall loſe all
ficate,&c. title to the allowance upon the amount of his
effects, and to a certificate of diſcharge as
aforefaid, nor fhall he be entitled to the faid
allowance or certificate, if he has loft, at any
one time fifty dollars, or in the whole three.
hundred dollars, after the paffing of this act,
and within twelve months before he became
a bankrupt, by any manner of gaming or wa-
gering whatever.
ed, may
pus.
Sec. 38. And be it further enacted, That if
Bankrupt, any bankrupt, who fhall have obtained his
if arreft certificate, fhall be taken in execution or de-
be dif- tained in prifon, on account of any debts
charged owing before he became a bankrupt, by rea-
on an ha- fon that judgment was obtained before fuch
beas cor- certificate was allowed, it ſhall be lawful for
any of the judges of the court wherein judg-
ment was fo obtained, or for any court, judge,
or juſtice, within the diſtrict in which fuch
bankrupt ſhall be detained, having powers to
award or allow the writ of Habeas Corpus, on
fuch bankrupt producing his certificate fo
as aforefaid allowed, to order any fheriff or
gaoler who fhall have fuch bankrupt in cuf
tody, to diſcharge fuch bankrupt without fee
or charge, firft giving reaſonable notice to the
plaintiff, or his attorney, of the motion for
fuch diſcharge.
Sec. 39.
And be it further enacted, That every
Perfons perfon who fhall have bona fide given credit to
or taken fecurities, payable at future days,
whole
debts are from perfons who are or fhall become bank-
due at a
rupts, not due at the time of fuch perfons
future day
may prove becoming bankrupt, fhall be admitted to prove
their debts and contracts, as if they were pay-
able preſently, and fhall have a dividend in
them.
( 73 )
proportion to the other creditors, diſcount-
ing, where no intereft is payable, at the rate
of fo 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 Obligees
bottomry or refpondentia bond, and the af- of certain
bonds, &
fured in any policy of infurance, fhall be ad- the affu-
mitted to claim, and after the contingency or red in a
lofs, to prove the debt thereon, in like man- policy of
ner as if the fame had happened before iffu- infurance
may claim
ing the commiffion; and the bankrupt ſhall
under the
be diſcharged from fuch fecurities, as if fuch commif-
money had been due and payable before the fion, &c.
time of his or her becoming bankrupt; and
fuch creditors may petition for a commiffion,
or join in petitioning.
fon com-
Sec. 40. And be it further enacted, That in
Proceed-
cafe any perfon, committed by the commif-
ings on
fioner's warrant, fhall obtain a habeas corpus, an habeas
in order to be diſcharged, and there fhall ap- corpus,
pear any infufficiency in the form of the war- brought
rant, it fhall be lawful for the court or judge by a per-
before whom fuch party fhall be brought by mitted
habeas corpus, by rule or warrant, to commit by the
ſuch perſons to the fame prifon, there to re- commif-
main until he fhall conform as aforefaid, un-
lefs it fhall be made to appear that he had
fully anſwered all lawful queſtions put to him
by the commiffioners; or in cafe fuch perfon
was committed for not figning his examina-
tion, unleſs it fhall appear that the party had
good reaſon for refufing to fign the fame, or
that the commiffioners had exceeded their
Gioners.
Penalty
authority in making fuch commitment; and on the
in cafe the gaoler to whom fuch perfon fhall gaoler
be committed, fhall wilfully or negligently fuffering
fuffer ſuch perſon to eſcape, or to go without
the doors or walls of the prifon, fuch gaoler at large.
fuch per-
fon to go
VOL. V.
K
+
(74)
Prifoner fhall, for fuch offence, being convicted there-
to be pro- of, forfeit a fum not exceeding three thouſand
duced by dollars for the uſe of the creditors.
the gaoler
on de-
Sec. 41. And be it further enacted, That the
mand of a gaoler fhall, upon the requeſt of any creditor,
creditor. having proved his debt, and fhewing a certi-
ficate thereof, under the hands of the com-
miffioners, which the commiffioners fhall give
without fee or reward, produce the perſon ſo
committed; and in cafe fuch gaoler fhall re-
fuſe to fhew fuch perfon to fuch creditor,
requesting the fame, fuch perfon fhall be con-
fidered as having eſcaped, and the gaoler or
fheriff fo refufing, fhall be liable as for a wil-
ful eſcape.
lowed.
Sec. 42. And be it further enacted, That where
Off-fets it fhall appear to the faid commiffioners that
to be al- there hath been mutual credit given by the
bankrupt, and any other perfon, or mutual
debts between them at any time before fuch
perfon became bankrupt, the affignee or af-
fignees of the eftate fhall ftate the account
between them, and one debt may be fet off
againſt the other, and what fhall appear to
be due on either fide on the balance of ſuch
account after fuch fet off, and no more, fhall
be claimed or paid on either fide reſpectively.
of the
Sec. 43. And be it further enacted, That it
Affignees fhall and may be lawful to and for the affignee
or affignees of any bankrupt's eftate and ef
fects, under the direction of the commiffion-
commif- ers, and by and with the confent of the ma-
fioners, jor part in value of ſuch of the ſaid bank-
&c. agree rupt's creditors, as fhall have duly proved
their debts under the commiffion, and fhall
be preſent at any meeting of the faid credi-
tors, to be held in purfuance of due and pub-
lic notice for that purpoſe given, to ſubmit
to a refer-
ence or
may, with
confent
compro-
mife.
( 75 )
any difference or difpute for, on account of,
or by reafon or means of, any matter, cauſe
or thing whatſoever, relating to fuch bank-
rupt or to his or her eftate or effects, to the
final end and determination of arbitrators to
be chofen by the faid commiffioners, and the
major part in value of ſuch creditors as fhall
be prefent at fuch meeting as aforefaid, and
the party or parties with whom they fhall
have fuch difference or difpute, and to per-
form the award of ſuch arbitrators, or other-
wife to compound and agree the matter in
difference and difpute as aforefaid, in ſuch
manner as the faid affignee or affignees under
the direction and with the conſent aforefaid,
fhall think fit and can agree; and the fame
fhall be binding on the feveral creditors of
the ſaid bankrupt, and the faid affignee or
affignees are hereby indemnified for what they
fhall fairly do according to the directions
aforefaid.
Bank-
fed of at
Sec. 44. And be it further enacted, That the
rupt's ef-
affignees fhall be, and hereby are vefted with tate may
full power to difpofe of all the bankrupt's be difpo-
eftate real and perfonal at public auction or
vendue, without being fubject to any tax, auction,
duty, impofition, or reftriction, any law to without
the contrary notwithſtanding.
paying
public
Sec. 45. And be it further enacted, That if duty, &c.
after any commiffion of bankruptcy, fued What is
forth, the bankrupt happen to die before the to be done
commiffioners fhall have diftributed the ef- if the
bankrupt
fects, or any part thereof, the commiffioners die, pend-
ing the
fhall, nevertheless, proceed to execute the
commiffion, as fully as they might have done proceed-
if the party were living.
ings.
Sec. 46. And be it further enacled, That where
any commiſſion of bankruptcy fhall be deli-
( 76 )
fioners
the ex-
C
Commif- vered to the commiffioners, therein named, to
be executed, it fhall and may be lawful for
may de- them before they take the oath or affirmation
mand fe- of qualification, to demand and take from the
curity for
creditor or creditors profecuting fuch com-
penfes of miffion, a bond with one good fecurity, if
the com- required, in the penalty of one thouſand dol-
miffion. lars, conditioned for the payment of the cofts,
charges, and expenfes, which fhall arife and
accrue upon the profecution of the faid com-
miffion: Provided always, that the expenfes,
fo as aforefaid to be fecured and paid by the
petitioning creditor or creditors, fhall be re-
paid to him or them by the commiffioners or
affignees, out of the first monies arifing from
the bankrupt's eftate or effects, if ſo much be
received therefrom.
compen-
fation to
Sec. 47. And be it further enacted, That the
diſtrict judges, in each diftrict reſpectively,
fhall fix a rate of allowance to be made to the
commiffioners of bankruptcy, as compenfa-
tion of fervices to be rendered under the com-
the com- miffion, and it fhall be lawful for any credi-
miffioners tor, by petition to the diftrict judge, to ex-
cept to any charge contained in the account
of the commiffioners: And the faid judge,
after hearing the commiffioners, may in a fum-
mary way decide upon the validity of fuch
exception.
V
Diftrict
judge to
fix the
vered and
appropri-
ated.
Sec. 48. And be it further enacted, That all
Penalties penalties, given by this act for the benefit of
how reco- the creditors, fhall be recovered by the af
fignee or affignees by action of debt, and the
money fo recovered, the charges of fuit being
deducted, fhall be diftributed towards pay-
ment of the creditors.
→
Sec. 49. And be it further enacted, That if
any action fhall be brought againſt any com-
miffioner, or affignee, or other perſon, having
}
( 77 )
double
cofts pro-
authority under the commiffion, for any thing General
done or performed by force of this act, the iffue and
defendant may plead the general iffue, and
give this act and the fpecial matter in evi- vided for
dence; and in caſe of a non-fuit, diſcontinu- defend-
ance, or verdict or judgment for him, he fhall ants who
recover double coſts.
acted un-
der the
obtains a
Sec. 50. And be it further enacted, That if commif-
any eftate real or perfonal fhall defcend, re- fion.
vert to, or become veſted in any perſon, after
Property
he or the ſhall be declared a bankrupt, and coming to
before he or fhe fhall obtain a certificate, the bank-
figned by the judge as aforefaid, all fuch ef- rupt, be-
tate fhall, by virtue of this act, be veſted in fore he
the faid commiffioners, and fhall be by them
affigned and conveyed to the affignee or af
fignees in fee fimple, or otherwife, in like be veſted
manner as above directed, with the eftate of in the
the faid bankrupt, at the time of the bank-
ruptcy, and the proceeds thereof fhall be di-
vided among the creditors.
certif-
cate, to
commif-
fioners.
Proceed-
fice of the
Sec. 51. And be it further enacted, That the
faid commiffioners fhall, once in every year,
ings of
carefully file, in the clerk's office of the dif- the com-
trict court, all the proceedings had in every miffioners
cafe before them, and which fhall have been to be filed
finiſhed, including the commiffions, exami- in the of-
nations, dividends, entries, and other deter- clerk of
minations of the faid commiffioners, in which the dif
office, the final certificate of the faid bank- trict, &c.
rupt may alſo be recorded; all which pro-
ceedings fhall remain of record in the faid
office, and certified copies thereof fhall be ad-
mitted as evidence in all courts, in like manner
as the copies of the proceedings of the faid
district court are admitted in other cafes.
Sec. 52. And be it further enacted, That it
fhall and may be lawful for any creditor of
fuch bankrupt, to attend all or any of the
!
( 78 )
examina-
tions of
the certi-
ficate.
jury may
Creditors examinations of faid bankrupt, and the al-
may at lowance of the final certificate, if he fhall
tend the think proper, and then and there to propofe
interrogatories, to be put by the judge or
the bank. commiffioners to the faid bankrupt and others,
rupt and and alfo to produce and examine witneffes
the allow- and documents before fuch judge or com-
ance of miffioners, relative to the fubject matter be-
fore them. And in cafe either the bankrupt
or creditor fhall think him or herſelf aggriev-
ed by the determination of the faid judge or
commiffioners, relative to any material fact,
in the commencement or progrefs of the ſaid
Trial by proceedings, or in the allowance of the certi-
ficate aforefaid, it fhall and may be lawful for
be had in either party to petition the faid judge, fetting
relation forth fuch facts and the determination there-
on, with the complaint of the party, and a
prayer for trial by a jury to determine the
fame, and the faid judge fhall, in his difcre-
tion, make order thereon, and award a venire
facias to the marſhal of the diſtrict, return-
able within fifteen days before him, for the
trial of the facts mentioned in the faid peti-
tion, notice whereof fhall be given to the
commiffioners and creditors concerned in the
fame; at which time the faid trial fhall be
had, unleſs, on good caufe fhewn, the judge
ſhall give farther time, and judgment being
entered on the verdict of the jury, fhall be
final, on the faid facts, and the judge or com-
miffioners fhall proceed agreeably thereto.
to certain
facts.
Allow-
Sec. 53. And be it further enacted, That the
commiffioners before the appointment of aſ-
ance to fignees, and the affignees after fuch appoint-
the bank- ment, may, from time to time, make fuch al-
rupt, pen- lowance out of the bankrupt's eftate until he
ding the
ſhall have obtained his final diſcharge, as in
proceed-
ings. their opinion may be requifite for the necef-
( 79 )
fary ſupport of the faid bankrupt and his
family.
the mo-
ney fhall
Sec. 54. And be it further enacted, That it Creditors
fhall be lawful for the major part in value may di-
of the creditors, before they proceed to the rect where
choice of affignees, to direct in what manner,
with whom, and where the monies arifing by, be depofi-
and to be received from time to time out of ted.
the bankrupt's eftate, fhall be lodged, until
the ſame ſhall be divided among the credi-
tors, as herein provided; to which direction
every fuch affignee and affignees fhall con-
form as often as three hundred dollars fhall
be received.
Sec. 55. And be it further enacted, That every Majority
matter and thing by this act, required to be of the
done by the commiffioners of any bankrupt, commit-
fhall be valid to all intents and purpoſes, if
performed by a majority of them.
fioners
may act.
evidence
Sec. 56. And be it further enacted, That in The com-
all cafes where the affignees fhall profecute miſſion
any debtor of the bankrupt for any debt, duty ſhall be
or demand, the commiffion, or a certified co-
of the par-
py thereof, and the affignment of the commif-
ty being
fioners of the bankrupt's eftate, fhall be con- a bank-
clufive evidence of the iffuing the commif- rupt, &c.
ſion, and of the perfon named therein, being
a trader and bankrupt, at the time mentioned
therein.
under a
Sec. 57. And be it further enacted, That every
perfon obtaining a diſcharge from his debts, Effect of a
by certificate as aforefaid, granted under a difcharge
commiffion of bankruptcy, fhall not, on any fecond
future commiffion, be entitled to any other commif-
certificate than a diſcharge of his perſon only; fion.
unleſs the nett proceeds of the eſtate and ef-
fects of fuch perfon fo becoming bankrupt a
fecond time, ſhall be ſufficient to pay feventy
( 80 )
five per cent. to his or her creditors on the
amount of their debts refpectively.
Claims of
Sec. 58. And be it further enacted, That any
creditors creditor of a perfon, against whom a commif-
fion of bankruptcy fhall have been fued forth,
and who fhall lay his claim before the com-
miffioners appointed in purfuance of this act,
may at the fame time declare his unwilling-
neſs to ſubmit the fame to the judgment of
the faid commiffioners, and his with that a
jury may be impannelled to decide thereon:
And in like manner the affignee or affignees
of fuch bankrupt may object to the confide-
ration of any particular claim by the com-
miffioners, and require that the fame ſhould
be referred to a jury. In either cafe, fuch
objection and requeft fhall be entered on the
books of the commiffioners, and thereupon an
iffue fhall be made up between the parties,
and a jury ſhall be impannelled, as in other
cafes, to try the fame in the circuit court for
the district in which fuch bankrupt has ufu-
ally refided. The verdict of fuch jury fhall
be fubject to the controul of the court, as in
fuits originally inftituted in the faid court,
and when rendered, if not fet afide by the
court, fhall be certified to the commiffioners,
and fhall aſcertain the amount of any fuch
claim, and fuch creditor or creditors fhall be
confidered in all refpects as having proved
their debts under the commiffion.
may be
tried by
jury.
Bank-
rupt's ef
tate may
Sec. 59. And be it further enacted, That the
lands and effects of any perfon becoming
bankrupt may be fold on ſuch credit, and on
be fold on ſuch ſecurity, as a major part in value of the
creditors may direct: Provided, nothing herein
contained ſhall be allowed fo to operate, as to
retard the granting the bankrupt's certificate.
credit.
(81)
Creditors
or com-
execution
Sec. 60. And be it further enacted, That if
any perfon becoming bankrupt, fhall be in
priſon, it ſhall be lawful for any creditor or miffioners
creditors, at whofe fuit he or she fhall be in may re-
execution, to diſcharge him or her from cuf- leafe the
bankrupt
tody, or if fuch creditor or creditors fhall re-
from pri-
fufe to do ſo, the prifoner may petition the fon, and
commiffioners, to liberate him or her, and the form-
thereupon, if, in the opinion of the commif- er may if
fioners, the conduct of fuch bankrupt fhall fue a new
have been fair, fo as to entitle him or her in if he does
their opinion, to a certificate, when by law not ob-
fuch certificate might be given, it fhall be tain a diſ-
lawful for them to direct the diſcharge of charge.
fuch priſoner, and to enter the fame in their
books, which being notified to the keeper of
the gaol in which ſuch prifoner may be con-
fined, ſhall be a fufficient authority for his or
her diſcharge: Provided, That in either caſe,
fuch diſcharge ſhall be no bar to another
execution, if a certificate ſhall be refuſed to
fuch bankrupt: And provided alſo, that it ſhall
be no bar to a fubfequent impriſonment of
fuch bankrupt by order of the commiffioners,
in conformity with the provifions of this act.
this act
fhall af-
Sec. 61. And be it further enacted, That this
act ſhall not repeal or annul, or be conftrued How far
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 fo infolvent
far as the fame may reſpect perfons, who are, laws of
or may be clearly within the purview of this the ftates.
act, and whoſe debts ſhall amount in the cafes
ſpecified in the fecond fection thereof to the
fums therein mentioned. And if any perfon
within the purview of this act, fhall be impri-
foned for the ſpace of three months, for any
debt, or upon any contract, unleſs the credi-
VOL. V.
L
( 82 )
tors of fuch priſoner fhall proceed to profe-
cute a commiffion of bankruptcy against him.
or her, agreeably to the provifions of this act,
fuch debtor may and fhall be entitled to relief,
under any fuch laws for the relief of infolvent
debtors, this act notwithſtanding.
.
Saving of
exifting
liens.
$
of the U.
Saving of Sec. 62. And be it further enacted, That no-
the rights thing contained in this law fhall, in any man-
S. and of ner, effect the right of preference to prior
each ftate fatisfaction of debts due to the United States
as to their as fecured or provided by any law heretofore
paffed, nor fhall be conftrued to leffen or im-
pair any right to, or fecurity for, money due
to the United States or to any of them.
debts.
Sec. 63. And be it further enacted, That no-
thing contained in this act fhall be taken, or
conftrued to invalidate, or impair any lien
exiſting at the date of this act, upon the lands
or chattels of any perfon who may have be-
come a bankrupt.
act.
Sec. 64. And be it further enacted, That this
act fhall continue in force during the term
Limitati- of five years, and from thence to the end of
on of this the next feffion of Congrefs thereafter, and no
longer: Provided, that the expiration of this
act ſhall not prevent the complete execution
of any commiffion which may have been pre-
viouſly thereto iſſued.
THEODORE SEDGWICK,
Speaker of the House of Reprefentatives.
TH: JEFFERSON,
Vice-Prefident of the United States, and
Preſident of the Senate.
APPROVED-April 4, 1800.
JOHN ADAMS,
Prefident of the United States.
( 83 )
}
CHAPTER XX.
An ACT to discharge Robert Sturgeon from his
impriſonment.
B
E it enacted by the Senate and Houſe of Re-
prefentatives of the United States of Ameri-
ca, in Congress affembled, That the keeper of
the prifon in Lewistown, county of Mifflin,
and ſtate of Pennſylvania, be, and he is here-
by authorized and directed to releafe Robert
Sturgeon from impriſonment, on a procefs,
in favor of the United States, by virtue of
which he is now imprifoned: Provided, he
obtains and produces to him, the faid keeper,
a certificate from the Secretary of the Trea-
fury, that he the faid Robert has affigned and
conveyed all his eftate, real and perfonal, in
his poffeffion, or to which he is entitled, to
fome perfon or perfons, for the ufe of the
United States, under the direction and to the
fatisfaction of the Secretary of the Treafury,
which certificate fhall be fufficient authority
for the keeper of faid prifon to releafe faid
Robert, fo far as he is holden, by virtue of
faid proceſs, in favor of the United States.
And provided alfo, That the judgment ob-
tained, or to be obtained on faid proceſs, ſhall
remain in full force againſt any eſtate the ſaid
Robert may hereafter require.
THEODORE SEDGWICK,
Speaker of the House of Reprefentatives.
TH: JEFFERSON,
Vice-President of the United States, and
Prefident of the Senate.
APPROVED-April 5, 1800.
JOHN ADAMS,
Prefident of the United States.
( 84 )
CHAPTER XXI.
An ACT to allow a drawback of duties on goods
exported to New-Orleans, and therein to amend
the act intituled "An act to regulate the col-
lection of duties on imports and tonnage.
AN
E it enacted by the Senate and Houfe of Re-
preſentatives of the United States of Ameri-
ca, in Congress affembled, That any goods, wares
or merchandize, 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 Miffi-
ſippi, ſhall be deemed and taken to be enti
tled to fuch drawbacks of duties as would be
allowable thereon, when exported to any other
foreign port or place, any thing in the act in-
tituled "An act to regulate the collection of
duties on imports and tonnage," to the con-
trary hereof notwithſtanding.
THEODORE SEDGWICK,
Speaker of the House of Reprefentatives.
TH: JEFFERSON,
Vice-Prefident of the United States, and
Prefident of the Senate.
APPROVED-April 5th, 1800.
JOHN ADAMS,
Prefident of the United States.
CHAPTER XXII.
An ACT to continue in force "An act concern-
ing certain fisheries of the United States, and
for the regulation and government of the fifh-
ermen employed therein," and for other pur-
poſes as therein mentioned.
Sec. I.
E it enacted by the Senate and Houſe of
Reprefentatives of the United States
of America, in Congress affembled, That the act
( 85 )
intituled "An act concerning certain fifheries Continu-
of the United States, and for the regulation ation of
and government of the fishermen employed the act for
therein," ſhall be in force, and is hereby con- 10 years.
tinued for the term of ten years, from the
third day of March, one thoufand eight hun-
dred, and until the end of the feffion of Con-
greſs next enfuing the expiration of that term,
any thing in the ninth fection of the faid act
to the contrary hereof notwithſtanding.
Continu-
ces to
Sec. 2. And be it further enacted, That the
additional allowances which were by the fixth ation of
fection of the act, intituled, "An act for rai- certain
fing a further fum of money for the protection allowan-
of the frontiers, and for other purpoſes there-
in mentioned," and by the fecond fection of
the act, intituled, " An act laying an addi-
tional duty on falt, and for other purpoſes,"
refpectively granted to fhips or veffels em-
ployed in the bank and other cod-fifheries,
fhall be continued to the fhips and veffels, re-
ſpectively, which fhall be fo employed, in the
terms and according to the intent of the ſaid
firſt mentioned act, for and during the further
continuance thereof, as aforefaid: Provided,
that the faid allowances fhall not be under-
ſtood to be continued for a longer time than
the correſpondent duties reſpectively, for which
the faid additional allowances were granted,
ſhall be payable.
THEODORE SEDGWICK,
Speaker of the House of Reprefentatives.
TH: JEFFERSON,
Vice-Prefident of the United States, and
Prefident of the Senate.
APPROVED-April 12th, 1800.
JOHN ADAMS,
Prefident of the United States.
fishing
veffels.
<E
( 86 )
1
CHAPTER XXIII.
An ACT to alter the form of certain oaths and
affirmations directed to be taken by the act, en-
titled "An act providing for the fecond cen-
fus, or enumeration of the inhabitants of the
United States."
E it enacted by the Senate and Houfe of Repre-
fentatives of the United States of America,
in Congress affembled, That fo much of the first
fection of the act paffed during the preſent
feffion of Congrefs, intituled "An act pro-
viding for the fecond cenfus or enumeration
of the inhabitants of the United States," as
relates to the form of the oaths or affirmati-
ons thereby directed to be taken by the mar-
fhals, fecretaries and affiftants therein men-
tioned reſpectively, fhall be, and hereby is
repealed, and that the faid oaths or affirma-
tions fhall 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 diftrict of (or the ſecretary
of the territory of as the cafe may be)
do folemnly ſwear, or affirm, that I will well
and truly cauſe to be made a juft and perfect
enumeration and defcription of the perfons
refident within my diſtrict (or within the ter-
ritory of
as the cafe may be) and
will return the fame to the Secretary of State
agreeably to the directions of an act of Con-
greſs, intituled "An act providing for the
fecond cenfus or enumeration of the inhabi-
tants of the United States," according to the
beft of my ability: and the affiftants oath or
affirmation in the form following: I, A. B.
do folemnly ſwear (or affirm) that I will make
a juft and perfect enumeration and defcrip-
tion of all perfons refident within the divifion
( 87 )
affigned to me by the marfhal of the diftrict
of (or the ſecretary of the territory of
as the cafe may be) and make
due return thereof to the faid marſhal (or
fecretary) agreeably to the directions of an
act of Congrefs, intituled "An act providing
for the fecond cenfus or enumeration of the
inhabitants of the United States," according
to the beſt of my ability.
THEODORE SEDGWICK,
Speaker of the House of Reprefentatives.
TH: JEFFERSON,
Vice-Prefident of the United States, and
Prefident of the Senate.
APPROVED April 12th, 1800.
JOHN ADAMS,
↓
Prefident of the United States.
CHAPTER XXIV.
An ACT for the relief of the corporation of
Rhode-Iland college.
E it enacted by the Senate and Houſe of Re-
preſentatives of the United States of America,
in Congress affembled, That the accounting offi-
cers of the Treaſury be, and they are hereby au-
thorized and directed to liquidate and ſettle
the claims of the corporation of Rhode-Iſland
college, for compenfation for the ufe, and
occupation of the edifice of the faid college,
and for injuries done to the fame, from the
tenth day of December, one thouſand ſeven
hundred and feventy-fix, to the twentieth day
of April, one thouſand feven hundred and
eighty, by the troops of the United States;
and that the fum which may be found due
to the faid corporation, for damages done to
( 88 )
and occupation of the faid edifice, as afore-
faid, be paid them out of any monies in the
Treaſury not otherwife appropriated.
having re-
fided two
THEODORE SEDGWICK,
Speaker of the House of Repreſentatives.
TH: JEFFERSON,
Vice-Prefident of the United States, and
Prefident of the Senate.
APPROVED-April 16, A. D. 1800.
JOHN ADAMS,
Prefident of the United States.
CHAPTER XXV.
An ACT to extend the privilege of obtaining pa-
tents for uſeful diſcoveries and inventions, to
certain perſons therein mentioned, and to en-
large and define the penalties for violating the
rights of patentees.
Sec. 1. BE it enacted by the Senate and Houſe of
entitled
of the United
of America, in Congress affembled, That all and
Perfons fingular the rights and privileges given, in-
tended or provided to citizens of the United
years States, refpecting patents for new inventions,
within diſcoveries, and improvements, by the act,
the U. S. intituled "An act to promote the progrefs of
to the be- uſeful arts, and to repeal the act heretofore
nefit of made for that purpoſe," fhall be, and hereby
are extended and given to all aliens who at
the time of petitioning in the manner pre-
ſcribed by the ſaid act, fhall have refided for
two years within the United States, which pri-
vileges fhall be obtained, uſed, and enjoyed,
by fuch perfons, in as full and ample manner,
and under the fame conditions, limitations
and reſtrictions, as by the faid act is provid-
ed and directed in the cafe of citizens of the
the for-
mer act.
( 89 )
S
United States. Provided always, That every Oath to
perfon petitioning for a patent for any inven- be taken
tion, art or diſcovery, purſuant to this act, by ſuch
fhall make oath or affirmation before fome refident.
perfon duly authorized to adminiſter oaths be-
fore fuch patent fhall be granted, that ſuch in-
vention, 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 fhall be obtain-
ed purſuant to this act, for any invention,
art or diſcovery, which it ſhall afterwards ap-
pear had been known or uſed previous to fuch
application for a patent, fhall be utterly void.
tatives of
obtain a
patent.
Sec. 2. And be it further enacted, That where
any perfon hath made, or fhall have made, any The legal
new invention, difcovery or improvement, on reprefen-
account of which a patent might, by virtue of a deceaf-
this or the above-mentioned act, be granted to ed inven-
fuch perfon, as fhall die before any patent tor may
fhall be granted therefor, the right of apply-
ing for and obtaining fuch patent, ſhall de-
volve on the legal reprefentatives of ſuch per-
fon in truſt for the heirs at law of the deceaf-
ed, in caſe he ſhall have died inteftate; but
if otherwiſe, then in truſt for his deviſees, in
as full and ample manner, and under the
fame conditions, limitations and reſtrictions,
as the fame was held or might have been
claimed or enjoyed by fuch perfon, in his or
her life time; and when application for a pa-
tent fhall be made by fuch legal reprefenta-
tives, the oath or affirmation, provided in the
third fection of the before-mentioned act, fhall
be fo varied as to be applicable to them.
Sec. 3. And be it further enacted, That where Damages
any patent fhall be, or fhall have been granted for breach
of patent-
purſuant to this or the above-mentioned act, fight.
VOL. V.
M
( 90 )
and any perfon without the confent of the pa-
tentee, his or her executors, adminiftrators or
affigns firſt obtained in writing, ſhall make,
deviſe, uſe, or fell the thing whereof the ex-
clufive right is fecured to the faid patentee by
fuch patent, fuch perfon fo offending, fhall
forfeit and pay to the faid patentee, his exe-
cutors, adminiſtrators or affigns, a fum equal
to three times the actual damage fuftained by
fuch patentee, his executors, adminiſtrators,
or affigns, from or by reaſon of fuch offence,
which fum fhall and may be recovered, by ac-
tion on the caſe founded on this and the a-
bove-mentioned act, in the circuit court of the
United States, having juriſdiction thereof.
Sec. 4. And be it further enacted, That the
Repeal of fifth fection of the above-mentioned act, inti-
tuled "An act to promote the progrefs of uſe-
ful
arts, and to repeal the act heretofore made
for that purpoſe," fhall be, and hereby is re-
pealed.
part of
the form-
er act.
-
THEODORE SEDGWICK,
Speaker of the House of Reprefentatives.
TH: JEFFERSON,
Vice-President of the United States, and
Prefident of the Senate.
APPROVED April 17th, A. D. 1800.
JOHN ADAMS,
Prefident of the United States.
CHAPTER
XXVI.
An ACT to fix the compenfation of the Pay-mafter
General, and Affiftant to the Adjutant-General.
•BE
E it enacted by the Senate and Houſe
of Repreſentatives of the United States
of America, in Congress affembled, That the Pay-
maſter-General of the army of the United
Sec. 1.
( 91 )
States fhall receive one hundred and twenty
dollars per month, with the rations and forage
of a Major, in full compenfation for his fer-
vices and travelling expenfes, to be computed
from the commencement of the time of his ac-
tual refidence at the feat of government, any
thing in the "Act for the better organizing of
the troops of the United States, and for other
purpoſes," to the contrary notwithſtanding.
Sec. 2. And be it further enacted, That the
pay of the Affiftant of the Adjutant-General,
in addition to his pay and other emoluments
in the line of the army, fhall be forty dollars
per month, which fhall be in full compenfa-
tion for his extra fervices and travelling ex-
penfes, to be computed from the time of his
entering upon actual ſervice.
THEODORE SEDGWICK,
Speaker of the House of Reprefentatives.
TH: JEFFERSON,
Vice-Prefident of the United States, and
Prefident of the Senate.
APPROVED-April 22d, A. D. 1800.
JOHN ADAMS,
Prefident of the United States.
CHAPTER XXVII.
An ACT to continue in force the act, intituled
"An act to authorize the defence of the mer-
chant veſſels of the United States against French
depredations."
3
E it enacted by the Senate and Houſe of Re-
prefentatives of the United States of America,
in Congress affembled, That the act paffed on
the twenty-fifth day of June, one thouſand fe-
(92)
#
¡
"
¿
ven hundred and ninety-eight, intituled "An
act to authorize the defence of the merchant
veffels of the United States againſt French de-
predations," excepting fuch parts of the faid
act as relate to falvage in cafes of re-capture,
fhall continue and be in force for and during
the term of one year, and from thence to the
end of the next feffion of Congrefs thereafter,
and no longer.
THEODORE SEDGWICK,
Speaker of the House of Reprefentatives.
TH: JEFFERSON,
Vice-Prefident of the United States, and
Prefident of the Senate.
APPROVED-April 22d, A. D. 1800.
JOHN ADAMS,
Prefident of the United States.
CHAPTER XXVIII.
An ACT to continue in force, for a limited time,
an act, intituled " An act to preſcribe the mode
of taking evidence in cafes of conteſted elections
for members of the House of Repreſentatives of
the United States, and to compel the attendance
of witneſſes."
E it enacted by the Senate and Houſe of Repre-
fentatives of the United States of America,
in Congress affembled, That an act paffed on
the twenty-third day of January, one thou-
fand ſeven hundred and ninety-eight, intitu-
led "An act to preſcribe the mode of taking
evidence in cafes of contefted elections for
members of the Houfe of Repreſentatives of
the United States, and to compel the atten-
(93)
>
dance of witneffes," fhall be and continue in
force for the term of four years, and no longer.
THEODORE SEDGWICK,
Speaker of the House of Reprefentatives.
TH: JEFFERSON,
Vice-Prefident of the United States, and
Prefident of the Senate.
APPROVED-April 22d, A. D. 1800.
JOHN ADAMS,
Prefident of the United States.
CHAPTER XXIX.
An ACT fixing the rank and pay of the com-
manding officer of the Corps of Marines.
B
E it enacted by the Senate and Houfe of Re-
preſentatives of the United States of Ameri-
ca, in Congress affembled, That a Lieutenant-
Colonel Commandant fhall be appointed to
command the corps of marines, and fhall be
entitled to the fame pay and emoluments as a
Lieutenant-Colonel in the army of the United
States; any thing in the act for the eſtabliſh-
ing and organizing a marine corps to the con-
trary notwithſtanding; and that the office of
Major of the faid corps fhall thereafter be abo-
liſhed.
THEODORE SEDGWICK,
Speaker of the House of Reprefentatives.
TH: JEFFERSON,
Vice-President of the United States, and
Prefident of the Senate.
APPROVED-April 22d, A. D. 1800.
JOHN ADAMS,
Prefident of the United States.
(94)
1
CHAPTER
XXX.
An ACT Supplementary to the act to regulate
trade and intercourſe with the Indian tribes,
and to preferve peace on the frontiers.
BE
E it enacted by the Senate and Houſe of Re-
prefentatives of the United States of Ameri-
ca, in Congress affembled, That from and after
the paffing of this act, it fhall be lawful for
any military officer, who may have charge or
cuftody of any perfon or perfons, who may
have been, or ſhall be apprehended in the In-
dian country, over and beyond the boundary
line between the United States and the faid In-
dian tribes, in violation of any of the provifi-
ons or regulations of the act, intituled "An act
to regulate trade and intercourſe with the In-
dian tribes, and to preferve peace on the fron-
tiers," to conduct him or them to fome one of
the juftices of the inferior or county court of
any county neareſt to the place of his arreft,
who, if the offence is bailable, is hereby autho-
rized to take 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 fuch perfon, holden
in cuftody as aforefaid, fhall be charged upon
oath with murder, or any other offence pu-
niſhable with death, in which cafe fuch juſtice
of any inferior or county court ſhall not have
authority to take bail for fuch perfon.
THEODORE SEDGWICK,
Speaker of the House of Repreſentatives.
TH: JEFFERSON,
Vice-Prefident of the United States, and
Prefident of the Senate.
APPROVED-April 22d, A. D. 1800.
JOHN ADAMS,
Prefident of the United States.
( 95 )
CHAPTER XXXI.
An ACT to eſtabliſh a general Stamp Office.
E it enacted by the Senate and Houſe of
tendant
Repreſentatives of the United States Superin-
of America, in Congress affembled, That there
ſhall be appointed an officer to be denomina- of ftamps
ted Superintendant of Stamps, whofe duty it to be ap-
ſhall be to fuperintend the ſtamping and mark- pointed.
ing of all vellum, parchment and paper; to
diſtribute the ſame among the officers who are, His duty.
or fhall be authorized to fecure and collect the
duties thereupon, and to keep fair and true re-
cords and accounts of his proceedings; which
faid officer, fo to be appointed, fhall be fub-
ject to the fuperintendance, controul, and di-
rection of the Treaſury Department, accord-
ing to the reſpective authorities and duties of
the officers thereof; and fhall, for the better
execution of the duties and trufts in him re-
pofed, obferve and execute fuch directions as
he fhall, from time to time, receive from faid
department.
Sec. 1.
·B'
-
His office
to be held
Sec. 2. And be it further enacted, That the
ſaid ſuperintendant ſhall hold his office at the
feat of the government of the United States, at the feat
and fhall be allowed as a compenfation for his ofgovern-
ſervices the fum of two thouſand dollars annu- ment.
ally, to be paid quarter-yearly at the Treafu-
ry of the United States; and fhall alfo be al- Hisallow-
lowed the neceffary expenfes of office rent, fuel, auce.
printing and packing, and of procuring books Privilege
and ſtationery for the uſe of his office, and of frank-
that all letters and packages to and from him ing.
ſhall be free of poſtage.
Sec. 3. And be it further enacted,
faid fuperintendant fhall, with the
tion of the principal officer of the
That the
approba-
Treaſury clerks.
Allow-
ance of
( 96 )
Department, employ fuch number of clerks
and other affiftants in his office as fhall be
found neceffary; and fhall apportion and va-
ry the compenſation to each, in fuch manner
as the fervices rendered by each fhall in his
judgment require: Provided, that the whole
amount of the compenfations to faid clerks
and affiſtants fhall not exceed two thouſand
five hundred dollars annually.
He fhall
Sec. 4. And be it further enacted, That the
ſaid ſuperintendant fhall, within three months
give bond after entering upon his office, give bond with
fureties for the true and faithful execution.
thereof, and for the fettlement of his accounts.
at the periods which fhall be preſcribed by the
proper officers at the Treaſury Department,
in the fum of ten thousand dollars, which
bond fhall be approved by the Comptroller of
the Treaſury, and kept in his office to be by
him put in fuit for the benefit of the United
States, upon any breach of the conditions.
thereof.
vifors to
Sec. 5. And be it further enacted, That from
Certain and after the eſtabliſhment of the office afore-
powers of faid at the feat of government, and after fix
the fuper- months notice of the new ftamps hereby di-
ceafe rected to be prepared and iffued; which notice
after fix fhall be given by the Secretary of the Treafu-
ry, in the manner directed by the tenth fec-
tion of the act, entitled "An act laying du-
ties on ſtamped vellum, parchment, and pa-
per," fo much of the act or acts heretofore
paffed, as empower and require the fupervi-
fors of the revenue to ftamp or mark any vel-
lum, parchment, or paper, fhall ceafe and de-
months
notice,
&c.
You
W
termine.
Sec. 6. And be it further enacted, That if any
deed, inftrument or writing whatever, charged
( 97 )
*
zing an
by law with the payment of duty, fhall have Manner
been, or fhall be written or printed, by any of legali-
perfon or perſons whomfoever, upon vellum, inftru-
parchment, or paper not ftamped or marked ment not
according to law, or upon vellum, parchment, ſtamped
or paper, ſtamped or marked at a lower rate or impro-
perly
of duty than is by law required for fuch deed, ftamped.
inftrument, or writing; then, and in every fuch
cafe, it fhall be lawful for the perfon or per-
fons holding fuch deed, inftrument, or writ-
ing, within twelve calendar months after the
time of giving notice as aforefaid, or within
fix calendar months after the execution of
fuch deed, inſtrument, or writing, to pay to
the collector of the revenue within whoſe col-
lection district fuch perfon or perfons fhall
refide, the duty chargeable by law on fuch
deed, inftrument, or writing, together with
ten dollars in addition to fuch duty, which
duty and additional fum of ten dollars, fuch
collector is hereby authorized and required
to receive, and without fee or reward to en-
dorfe a receipt therefor under his hand and
ſeal, upon ſome part of fuch deed, inftrument
or writing, which deed, inftrument or writing
fo endorſed, it fhall then be lawful for fuch
perfon or perſons to produce to the furveyor
of the revenue within whofe affeffment dif-
trict ſuch perſon or perfons ſhall refide, which
furveyor thereupon fhall certify under his
hand and feal, and upon fome part of the faid
deed, inftrument or writing, that the fame fo
endorfed as aforefaid has been produced to
him, and that the faid endorſement is in his
belief genuine; after which faid endorfement
and certificate, and not otherwife, fuch deed,
inftrument or writing, fhall be to all intents
and purpoſes as valid and available, as if the
ſame had been or were ftamped, counter-ftamp-
VOL. V.
N
:
( 98 )
èd, or marked as by law required, any thing
in any act to the contrary notwithſtanding.
Duty of
lectors
and Sur-
in.
Sec. 7. And be it further enacted, That every
collector of the revenue fhall keep a ſeparate
the Col- account of all monies by him received in
manner laft aforefaid, and fhall at fuch times
veyors of as the Secretary of the Treafury fhall direct,
the reve- tranfmit the faid account together with fuch
nue here- monies, and a memorandum of all receipts by
him endorſed in manner aforefaid, to the fu-
perviſor of the diſtrict, or the inſpector of the
furvey, as the cafe may be; and that every
furveyor of the revenue fhall, at fuch time as
the Secretary of the Treaſury fhall direct,
tranſmit to the faid fuperviſor or inſpector, as
the caſe may be, a true copy of all certificates
given by him as aforefaid, and of the receipts
refpectively certified, and thereupon fuch fur-
veyor fhall be entitled to receive from the fu-
perviſor or inſpector fifty cents for every fuch
certificate by him figned as aforefaid.
Sec. 8. And be it further enacted, That if any
Penalty perfon, with intent to defraud the United
on forg- States of any fum of monies directed to be
ing or ut-
paid by this act, or of any of the duties or du-
tering re-
ceipts or ty laid by the act, entitled "An act laying
certifi- duties on ftamped vellum, parchment, and
cates di- paper," ſhall counterfeit or forge, or cauſe or
rected by
the fixth Procure to be counterfeited or forged, any of
the certificates, receipts or endorſements, pro-
vided for and directed by the fixth fection of
this act, or ſhall utter, paſs away, vend or of
fer in evidence, in any court of juftice, any
fuch forged or counterfeit receipt, certificate,
or endorſement, knowing the fame to be forg-
ed or counterfeit, then every fuch perfon fo
offending, and being thereof convicted in due
form of law, fhall be adjudged guilty of a
fection.
+
( 99 )
miſdemeanor, and ſhall be ſubject to be fined
in any
fum not exceeding one thousand dollars,
and to be impriſoned for any term not exceed-
ing ſeven years.
dividuals,
Sec. 9. And for the convenience of thofe per-
fons who may be inclined to have their own vel. Mode of
lum, parchment, and paper ftamped or marked, procuring
ftamps to
Be it further enacted, That when any perfon or the blank
perfons ſhall depoſit any vellum, parchment, or vellum,
paper, at the office of any fupervifor, accompa. &c. of in-
nying the fame with a lift, which fhall fpecify
the number and denomination of the ftamps or
marks which are to be thereto affixed, it ſhall be
the duty of the faid fuperviſor to tranfmit the
fame to the ftamp-office at the feat of govern-
ment, where fuch paper, parchment and vellum
fhall be properly marked or ftamped, and forth-
with fent back to the faid ſuperviſor, who fhall
thereupon collect the duties and deliver the vel-
lum, parchment, and paper, purſuant to the or-
der of the perfon from whom it was received.
wendy
Sec. 10. And be it further enacted, That all
vellum, parchment, and paper, to be ſtamped or Vellum,
marked at the faid office, fhall, before it is de- &c. to be
livered for fale, ufe, or diftribution, be carried counter-
ftamped.
from the faid office to the office of the commif-
fioner of the revenue, and be there counter-
ftamped or marked, under the direction of the
faid commiffioner, and in fuch manner as the
Secretary of the Treaſury fhall devife and direct;
and after being ſo counter-ſtamped or marked,
ſhall be returned to the office of the fuperinten
dant of ftamps, to be by him diſtributed accord-
ing to the true intent and meaning of this act,
of all which vellum, parchment, and paper, fo
fent to be counter-ftamped or marked, and fo
returned to the office of the fuperintendant a-
forefaid, an account fhall be kept by the com-
R Hype
Raupe Wacheverth
( 100 )
miflioner of the revenue, and from time to time
returned to the proper officers of the Treaſury
Department.
Scc.
Sec. 11. And be it further enacted, That if any
Penalty perfon or perfons, with intent to defraud the
on forging United States of any of the duties or duty laid
ftamps, by the act, entitled "An act laying duties on
ftamped vellum, parchment, and paper," or by
any actor acts for amending the fame, fhall coun-
terfeit or forge, or fhall caufe or procure to be
counterfeited or forged, or fhall knowingly or
wilfully aid or affift in counterfeiting or forg-
ing any ſtamp, counter-ftamp, or mark, which
fhall be provided or made in purſuance of this
act, or fhall counterfeit or refemble, or fhall
knowingly and wilfully aid or affift in counter-
feiting or refembling, or ſhall cauſe to be coun-
terfeited or reſembled, the impreffion of any fuch
ftamp, counter-ftamp or mark, upon any vel-
lum, parchment, or paper, or ſhall knowingly
or wilfully utter, vend, or fell, or offer in evi-
dence in any court of juftice any vellum, parch-
ment, or paper, with fuch counterfeit mark or
impreffion thereon, or fhall privately or frau-
dulently uſe any ſtamp, counter-ftamp or mark
directed or allowed to be uſed by this act, then
every ſuch perſon fo offending, and being there-
of convicted in due form of law, fhall be ad-
judged guilty of a miſdemeanor, and be ſubject
to be fined in any fum not exceeding one thou-
fand dollars, and impriſoned for any time not
exceeding ſeven years.
<<
THEODORE SEDGWICK,
Speaker of the House of Repreſentatives.
TH: JEFFERSON,
Fice-Prefident of the United States, and
Prefident of the Senate.
APPROVED-April 23d, A. D. 1800.
JOHN ADAMS, Prefident of the United States.
( 101 )
CHAPTER XXXII.
Sec. I.
certain
An ACT to aiter and to establish fundry poft roads.
E it enacted by the Senate and Houfe
of Reprefentatives of the United States Difconti-
of America, in Congrefs affembled, That the fol- nuance of
lowing poft roads be difcontinued, viz. From
poft roads.
Washington, to Petersburg, in Georgia:-From
Augufta, by Robinfon's, at the White Ponds,
and Gillet's Mills, to Coofawhatchie :-From
Charlotte, by Lincolnton, to Stateſville, North-
Carolina: From Chefter Court Houfe to Spar-
tan Court Houſe :--From Fayetteville, by Lum-
berton, to Cheraw Court Houfe:-From Mof-
fat's ſtore to Danville:-From Culpepper Court
Houſe, to Orange Court Houſe: From Leef-
burg, to Fauquier Court Houfe :-From Tap-
pahannock, by Richmond Court Houfe, and
Weftmoreland Court Houfe, to Kinfale:-From
Prince Edward Court Houfe, to Lynchburg:
From Eafton, by New-Market, to Vienna:
From Allensfreſh, by Hce's ferry, to Port Con-
way :-From Bladenſburgh to Upper Marlbo-
rough:-From Harriſburg, by Peterſburg, Mil-
lers-town, Thompſon-town, Mifflin-town, Lew-
is-town, Huntingdon, Alexandria, Center-fur-
nace, Bellefont, Milefburg, Aaronſburg, Mif-
flinſburg, Lewiſburg, Northumberland and Sun-
bury, to Harriſburg :-From Eafton, to Suffex
Court Houſe:-From New Brunſwick to New-
Germantown:-From Washington, in Pennſyl-
vania, to Wheeling, in Virginia :-From Old
Fort Schuyler, by Cincinnatus, to Oxford :-
From Vergennes, to Bafonharbour, to Platts-
burg :-From Rome, to Rotterdam :-From
Boſton, by Taunton, to New-Bedford :-From
Camden, by Lancaſter, South-Carolina, Char-
lotte, North-Carolina, and Lincolnton, to Statel-
( 102 )
ville, North-Garolina :-From Fayetteville, to
Pittſburg, in Chatham County:-From Halifax
Court Houſe, Virginia, by Danville, to Cafwell
Court Houſe: From Liberty, by Rocky Mount,
to Martinville:-From Louifburg, by Nash Court
Houſe, to Tarborough :-From Newbern, by
Beaufort and Swansborough, to Newbern :-
From Rutherfordton, to Spartanburg :-From
Springfield, Maffachuſetts, to Northampton:-
From Standish, in Maine, by Flint's-town, and
Fryberg, to Conway, Tamworth, and Sandwich,
in New-Hampſhire :-From Suffolk, by South
Quay, to Murfreesborough:-From Wilming-
ton, North-Carolina, to Georgetown, South-Ca-
rolina :-From Peterſburgh, by Suffex Court
Houſe, and Southampton Court Houfe, to South
Quay.
New poſt
Sec. 2. And be it further enacted, That the fol-
roadsefta- lowing be eſtabliſhed as poft roads, viz.
IN GEORGIA.
blifhed.
From Augufta, to Peterſburg, by Lincoln
Court Houſe:-From Franklin Court Houſe,
to Jackſon Court Houſe:-From George-town
to Warrenton :-From Louiſville, to Saunders-
ville:-From Waſhington, to Ogelthorpe Court
Houſe.
IN SOUTH-CAROLINA.
From Augufta, Georgia, by the Three Runs,
to Coofawhatchie:-The poft road from Edge-
field Court Houſe, to Augufta, fhall pafs through
Campbel-town:-From George-town, by Will-
town, Greenville, and Chatham, to Richmond
Court Houſe, North-Carolina :-From Stateſ-
burg, by Salem Court Houſe, and Kingſtree, to
Will-town :-From Columbia, to Clarendon
Court Houſe:-From Cheſter Court Houſe, by
York Court Houſe, Pinckneyville, and Union
Court Houſe, to Spartanburg.
( 103 )
IN NORTH-CAROLINA.
tabliſhed.
From Waſhington, to Bath, and from thence New poft
by Woodſtock, to Hyde Court Houſe :-From roads ef-
Fayetteville, by M'Fall's, and Winfield's, to
Cheraw Court Houfe, South-Carolina:-From
Fayetteville, by Lumberton and Barefield's Mill,
to Will-town, South-Carolina:-From Lumber-
ton, by Elizabeth-town, to the houſe of John
Andrews, or William H. Beaty, on South Ri-
ver :-From Fayetteville, to Wilmington
From Charlotte, by Lincolnton, and Morganton,
Buncomb Court Houfe, the Warm Springs,
and thence to Grenville, in Tenneffee :-The
poft road from Salem, to Saliſbury, fhall pafs
through Lexington :-The poft road from Ra-
leigh, to Newbern, fhall pafs through the coun-
ty of Davie :-The poft road from Moore Court
Houſe, to Saliſbury, to paſs by the new or old
Court Houſe of Randolph, as may be found moſt
eligible :-From Rockford, to Grayſon Court
Houſe, Virginia.
IN TENNESSEE.
From Knoxville, to Maryſville :-From Sul-
livan Court Houſe, by Hawkins Court Houſe,
and Orr's tavern, to Knoxville:-From Nafh-
ville, by Robertfon Court Houfe, and Montgo-
mery Court Houſe, to Palmyra :-From Nafh-
ville, to Natchez, in the Miffifippi Territory:-
The poft road which now paffes from Abington,
in Virginia, to Knoxville, in Tenneffee, fhall
hereafter paſs by Sullivan Court Houſe, Jonef-
borough, Greenville, Cheek's croſs roads, and
Jefferſon Court Houſe.
IN KENTUCKY.
From Frankfort, by Verfailles, and Richmond,
to Orr's tavern, Tenneffee :-From Danville,
by Standford, to Lancaſter :-From Frankfort,
by Clarke Court Houſe, Montgomery Court
Houſe, and Fleming Court Houfe, to Waſhing-
( 104
104 )
tabliſhed.
New poft ton-From Frankfort, by Scott Court Houſe,
roads ef- Harrifon Court Houſe, Pendleton Court Houſe,
and Campbell Court Houſe, to Cincinnati, north-
weſtern Territory:-From Frankfort, by Shel-
byfville, Bard's-town, Hardin Court Houſe, and
Logan Court Houſe, to Robinſon Court Houſe,
in Tenneffee:-The poft road from Waſhington,
to Cincinnati, fhall pafs by Bracken Court Houſe:
-The poſt road from Bearſtown, to Louiſville,
fhall pafs through Shepherdiville:-FromLogan
Court Houſe, by Chriftian Court Houſe, Living-
fton Court Houſe, Henderſon Court Houſe, to
Muhlenberg Court Houſe :-And from Logan
Court Houfe, by Warren Court Houſe, and Bar-
ren Court Houfe, to Green Court Houfe.
IN THE NORTHWESTERN TERRITORY.
From Waſhington, Kentucky, by Mancheſter,
in North Weſtern Territory, to Chilicotha :-
From Louiſville, Kentucky, to Vincennes :-
From Zanes, on the Muskingum, to Marietta.
IN VIRGINIA.
From Culpepper Court Houſe, by Madiſon,
Court Houfe, to Orange Court Houſe:-From
Frederickſburg, by Spotfylvania Court Houſe,
and Louiſa Court Houſe, to Columbia:-From
Fredericksburg, by King George Court Houſe,
Mattoxbridge, Leedstown, Weftmoreland Court
Houfe on Templeman's croſs-roads, Richmond
Court Houfe, and Farnham, to Kinfale:-From
Frederickſburg,by Rogers' mills, Chiles' ſtore,
Cheſterfield, Oxford,andCrew's ſtore,toGooch-
land Court Houfe:-From King and Queen
Court Houſe, to Shackleford's ftore :-From
Gloucefter Court Houſe, to Matthews Court
Houfe:-From Moorfields, by Franklin, to Bath
Court Houfe:-From Richmond, by Coles'
in Cheſterfield county, Janetoebridge, Amelia
Court Houfe, Pridefville, and Ligontown, to
Jameſtown:--FromPeterburg, by Amelia Court
( 105 )
¿
tabliſhed.
Houſe, Nottaway Court Houſe, Bibb's ferry on New polt
Staunton river, to Halifax Court Houſe:-From roads ef-´
Alexandria, by Centerville, Middleburg, Paris,
and Millwood, to Wincheſter :-From Carters-
ville, by New Canton, Buckingham Court Houſe,
and Bent Creek, to Lynchburg :-From Rom-
ney, by Springfield, and Frankfort, to Cumber-
land, in Maryland :-From Centerville, by the
Redhouſe, to Fauquier Court Houſe:-From
Waſhington, Pennſylvania, by Charleſtown or
Brooke Court Houfe, in Virginia, to Wheeling:
-The poft road from Alexandria, to Leeſburg,
fhall pass through Matildaville :—And the poſt
road from Leeſburg, to Sheperdſtown, ſhall paſs
through Charleſtown, in the county of Berkley:
-The poft road from Sweetſpring, to Green-
brier Court Houſe, fhall paſs by Monroe Court
Houfe:-From Greenbrier Court Houſe to Kan-
haway Court Houfe:-From Lexington, direct
to Cabellſburg :-From Mecklenburg Court
Houſe, the mail fhall return by Chriftian's ftore,
at Coxe's, to Lunenburg Court Houfe, and
Edmond's ſtore, to Gholfon's.
IN MARYLAND.
From Baltimore, by Reifters-town, Weſtmin-
fter, Taney-town, and Emmitſburg, to Fairfield,
Pennſylvania :-From Baltimore, by Liberty-
town, to Frederick-town :-And from Frede-
rick-town, by Harper's ferry, to Charles-town,
in Berkeley county, Virginia:-From Port-To-
bacco, by the Top of the Hill, to Nanjemoy:-
From Leonard-town, by the Great Mill, to the
Ridge:-From Washington, to Upper Marlbo-
rough:-From Waſhington, by Queen Ann,
to Annapolis -From Eafton, by Cambridge,
and New-Market, to Vienna:-From Eaſton, by
Hillſborough, Denton, and Greenſborough, to
Whitelyfburg.
VOL. IV.
0
( 106 )
IN PENNSYLVANIA.
New poſt
tabliſhed.
From Lancaſter, by Elizabeth-town, and Mid-
roads ef- dletown, to Harriſburgh, Sunbury, and North-
umberland:-From Lancaſter, to New-Holland:
-From Harriſburgh, by Clark's ferry, Millers-
town, Thompfon-town, Mifflin-town, Lewis-
town, and Huntingdon, to Alexandria:-From
Lewis-town, by Mifflin-town, Aaronfburg, Miles-
burg, and Bellefont, to Center Furnace :-From
Lewis-town, by Muncey, and Milton, to Willi-
ams-Port:-From Northumberland, to Berwick,
and thence by Catawaffee, to Northumberland:
-From Wilkefbarre, by Wyaluſing, to Athens:
-From Union, to New Geneva :-From Pitts-
burg, by Franklin, Meadſville, and Le Beuf,
to Prefqu'Ifle --From Waſhington, to Waynes-
burg.
IN NEW-YORK.
From Hudſon, by Katſkill, Harpersfield, Ou-
liout, Unadilla, and Union, to Athens, Penn-
fylvania:--From Athens, Pennſylvania, by New-
town, Painted Poft, and Bath, to Canandarqua:
-From Utica, by New Hartford, Hamilton,
and Sherbourne, to Oxford:-From Cooper's-
town, on the ſtate road, to Scipio:-From Ver-
gennes, Vermont, by Charlotte, Vermont, and
Peru, to Plattſburg.
IN NEW JERSEY.
From Easton, Pennſylvania, by Belvidere and
Johnfonburg, to New-town:--From New-Brunf-
wick, by Somerfet Court Houfe, and Plucke-
min. to New Germanton :-From Trenton,
by Borden-town, Slab-town, Mount-Holly,
Moores-town,and Haddenfield, to Philadelphia.
IN CONNECTICUT.
From Fairfield, by Trumbull, Huntington,
New-town, and Brookfield, to New-Milford.
(107)
IN MASSACHUSETTS.
tabliſhed.
From Boſton, by Bridgewater, and Taunton, New poſt
to New-Bedford:--From New-Bedford, by Ro- roads et-
chefter, and Wareham, to Sandwich :-From
Hanover, by Scituate, Marfh-Field, and Dux-
bury, to Kingſton :-From Truro to Province-
town:-From Bellerica, by Patucket bridge, to
Dracut, and Hovey's tavern, to Pelham, and
Nottingham Weft, in New-Hampfhire:-From
Concord, by Groton, New Ipſwich, and Jaf-
fray, to Marlborough, New-Hampshire.
IN VERMONT.
From Weſtminſter, by Bellows-falls, through
Rockingham, Cheſter, and Cavendiſh, to Rut-
land-From Newbury, to Danville :-From
Burlington, through St. Alban's, to Hyegate.
IN NEW-HAMPSHIRE.
From Exeter, by Nottingham, to Concord:-
From Saliſbury, through Grafton, to Hanover.
IN MAINE.
From Portland, by Windham, Waterford,
Buckfield, and Turner, to Portland :-From
Buck-town, to Edenton.
Sec. 3. And be it further enacted, That no-
thing contained in this act fhall be conftrued fo
as to affect any exiſting contracts for carrying
the mail.
THEODORE SEDGWICK,
Speaker of the House of Repreſentatives.
TH: JEFFERSON,
Vice-Prefident of the United States, and
Prefident of the Senate,
APPROVED-April 23d, A. D. 1800,
JOHN ADAMS,
Prefident of the United States.
( 108 )
Sec. 1.DE it enacted by the Senate and Houfe of
Reprefentatives of the United States
ry con-
Exempla- of America, in Congress affembled, That from and
after the first day of June next, the following
duct in- rules and regulations be adopted and put in
force, for the government of the navy of the
manders. United States.
cumbent
on com-
-
CHAPTER XXXIII.
An ACT for the better government of the Navy
of the United States.
Art. I. The commanders of all ſhips and veſ-
fels of war belonging to the navy, are strictly
enjoined and required to fhew in themſelves a
good example of virtue, honor, patriotiſm and
fubordination; and be vigilant in infpecting the
conduct of all fuch as are placed under their
command; and to guard against, and fupprefs,
all diffolute and immoral practices, and to cor-
rect all ſuch as are guilty of them, according
to the uſage of the fea fervice.
Art. II. The commanders of all fhips and vef-
fels in the navy, having chaplains on board,
ſhall take care that divine fervice be performed
in a folemn, orderly, and reverent manner twice
a day, and a fermon preached on Sunday, un-
lefs bad weather, or other extraordinary acci-
dents prevent it; and that they cauſe all, or as
many of the ſhip's company as can be ſpared
from duty, to attend at every performance of
the worſhip of Almighty God.
Punith-
Art. III. Any officer, or other perſon in the
navy, who ſhall be guilty of oppreffion, cruelty,
ment of fraud, profane fwearing, drunkennefs, or any
other fcandalous conduct, tending to the de-
ftruction of good morals, fhall, if an officer, be
lous of cafhiered, or fuffer fuch other puniſhment as a
court martial ſhall adjudge; if a private, fhall
certain
fcanda-
fences.
Divine
fervice
and
preaching
-
( 109 )
be put in irons, or flogged, at the diſcretion of
the captain, not exceeding twelve lafhes; but if
the offence require feverer puniſhment, he fhall
be tried by a court martial, and fuffer fuch pu-
niſhment as faid court fhall inflict.
Art. IV. Every commander or other officer Penalties
who fhall, upon fignal for battle, or on the pro- on the
bability of an engagement, neglect to clear his breach of
duty in
fhip for action, or fhall not ufe his utmoft exer-
respect of
tions to bring his ſhip to battle, or fhall fail to attack
encourage, in his own perſon, his inferior offi- and bat-
cers and men to fight courageoufly, fuch offen- tle.
der fhall fuffer death, or fuch other puniſhment
as a court martial fhall adjudge; or any officer
neglecting, on fight of any veffel or veffels of
an enemy, to clear his fhip for action, ſhall ſuf-
fer fuch puniſhment as a court martial fhall
adjudge: And if any perfon in the navy ſhall
treacherously yield, or pufillanimoufly cry for
quarters, he fhall fuffer death, on conviction
thereof, by a general court martial.
Art. V. Every officer or private who fhall not
properly obſerve the orders of his commanding
officer, or fhall not ufe his utmost exertions to
carry them into execution, when ordered to
prepare for, join in, or when actually engaged
in battle; or fhall at fuch time, bafely deſert
his duty or ſtation, either then, or while in fight
of an enemy, or fhall induce others to do fo,
every perfon fo offending fhall, on conviction
thereof by a general court martial, fuffer death,
or fuch other puniſhment as the faid court fhall
adjudge.
Art. VI. Every officer or private who fhall,
through cowardice, negligence, or difaffection
in time of action, withdraw from, or keep out
of battle, or ſhall not do his utmoſt to take or
deſtroy every veffel which it is his duty to en-
( 110 )
counter, or fhall not do his utmoſt endeavour
to afford relief to fhips belonging to the United
States, every fuch offender fhall, on conviction
thereof by a general court martial, fuffer death,
or fuch other puniſhment as the faid court fhall
adjudge.
mitted
tures.
Art. VII. The commanding officer of every
Papers to fhip or veffel in the navy, who fhall capture, or
be tranf- feize upon any veffel as a prize, fhall carefully
refpect preferve all the papers and writings found on
ing cap board, and tranfmit the whole of the originals
unmutilated to the judge of the diſtrict to which
fuch prize is ordered to proceed, and fhall tranſ-
mit to the Navy Department, and to the agent
appointed to pay the prize money, complete
lifts of the officers and men entitled to a ſhare
of the capture, inſerting therein the quality of
every perfon rating, on pain of forfeiting his
whole fhare of the prize money reſulting from
fuch capture, and fuffering fuch further pu-
nishment as a court martial thall adjudge.
Art. VIII. No perfon in the navy fhall take
out of a prize, or veffel feized as prize, any mo-
Penalty ney, plate, goods, or any part of her rigging,
on pilla- unleſs it be for the better prefervation thereof,
ging a
or abfolutely neceffary for the uſe of any of the
prize, or
veffels of the United States, before the fame
maltreat-
ing the
fhall be adjudged lawful prize by a competent
perfonson court; but the whole, without fraud, conceal-
board the ment, or embezzlement, fhall be brought in,
and judgment paffed thereon, upon pain that
every perfon offending herein fhall forfeit his
fhare of the capture, and fuffer fuch further
punishment as a court martial, or the court of
admiralty in which the prize is adjudged, fhall
impoſe.
fame.
Art. IX. No perfon in the navy fhall ſtrip of
their clothes, or pillage, or in any manner mal-
******
(III
}
treat perfons taken on board a prize, on pain of
fuch puniſhment as a court martial ſhall ad-
judge.
Art. X. No perfon in the navy fhall give,
hold, or entertain any intercourfe or intelligence Inter-
to or with any enemy or rebel, without leave courfe
from the Prefident of the United States, the Se- with ene-
cretary of the Navy, the commander in chief of mies and
the fleet, or the commander of a ſquadron; or
in cafe of a veffel acting fingly, from his com-
manding officer, on pain of death, or fuch other
puniſhment as a court martial fhall adjudge.
rebels.
A
Art. XI. If any letter or meffage from an
enemy or rebel, be conveyed to any officer or
private of the navy, and he fhall not, within
twelve hours, make the fame known, having
opportunity fo to do. to his fuperior or com-
manding officer; or if any officer commanding
a fhip or veffel, being acquainted therewith,
fhall not, with all convenient ſpeed, reveal the
fame to the commander in chief of the fleet,
commander of a fquadron, or other proper of-
ficer whofe duty it may be to take cognizance
thereof, every fuch offender fhall fuffer death,
or fuch other puniſhment as a court martial fhall
adjudge.
Mutiar
Art. XII. Spies, and all perfons who ſhall
come or be found in the capacity of ſpies, or
who ſhall bring or deliver any feducing letter or and fedi-
meffage from an enemy or rebel, or endeavour :ion.
to corrupt any perlon in the navy to betray his
truft, fhall fuffer death, or fuch other punish-
ment as a court martial ſhall adjudge.
Art. XIII. If any perfon in the navy ſhall make,
or attempt to make any mutinous affembly, he
fhall, on conviction thereof by a court martial,
fuffer death; and if any perfon as aforefaid
fhall utter any feditious or mutinous words,
( 112 )
or fhall conceal or connive at any mutinous or
feditious practices, or fhall treat with contempt
his fuperior, being in the execution of his of
fice; or being witneſs to any mutiny or fedition,
fhall not do his utmoſt to ſuppreſs it, he ſhall be
puniſhed at the difcretion of a court martial.
Art. XIV. No officer or private in the navy,
Diſobedi- fhall diſobey the lawful orders of his fuperior
ence of officer, or ſtrike him, or draw, or offer to draw,
orders & or raiſe any weapon againſt him, while in the
a fuperior execution of the duties of his office, on pain
of death, or fuch other puniſhment as a court
martial ſhall inflict.
affault of
officer.
Quarrel-
ing.
Art. XV. No perſon in the navy ſhall quarrel
with any other perſon in the navy, nor uſe pro-
voking or reproachful words, geftures, or me-
naces, on pain of fuch puniſhment as a court
martial fhall adjudge.
сп.
-
Art. XVI. If any perfon in the navy ſhall de-
Deferti- fert to an enemy or rebel, he ſhall ſuffer death.
Art. XVII. If any perfon in the navy ſhall
defert, or ſhall entice others to defert, he ſhall
fuffer death, or fuch other puniſhment as a
court martial ſhall adjudge; and if any officer,
or other perfon belonging to the navy, fhall re-
ceive or entertain any deferter from any other
veffel of the navy, knowing him to be ſuch,
and fhall not, with all convenient ſpeed, give
notice of fuch deferter to the commander of
the veffel to which he belongs, or to the com-
mander in chief, or to the commander of the
fquadron, he fhall, on conviction thereof, be
caſhiered, or be puniſhed at the diſcretion of
Offences a court martial. All offences committed by
commit perfons belonging to the navy while on fhore,
thall be puniſhed in the fame manner as if they
had been committed at ſea.
ted on
thore.
( 113 )
the Uni-
Art. XVIII. If any perſon in the navy fhall Frauds
knowingly make or fign, or ſhall aid, abet, di- againſt
rect, or procure the making or figning of any ted States
falſe muſter, or fhall execute, or attempt, or
countenance any fraud againſt the United States,
he ſhall, on conviction, be cafhiered and render-
ed forever incapable of any future employment
in the ſervice of the United States, and fhall
forfeit all the pay and fubfiftence due him, and
fuffer fuch other puniſhment as a court martial
fhall inflict.
Art. XIX. If any officer, or other perſon in Improper
the navy, fhall, through intention, negligence, naviga-
or any other fault, fuffer any veffel of the navy tion of
to be ſtranded, or run upon rocks or fhoals, or veftel«.
hazarded, he fhall fuffer fuch puniſhment as a
court martial fhall adjudge.
Art. XX. If any perfon in the navy fhall fleep Negli-
upon his watch, or negligently perform the gence in
duty affigned him, or leave his ftation before the per-
formance
regularly relieved, he fhall fuffer death, or fuch
of duty,
puniſhment as a court martial ſhall adjudge; or &c.
if the offender be a private, he may, at the dif
cretion of the captain, be put in irons, or flog-
ged not exceeding twelve lafhes.
Art. XXI. The crime of murder, when com-
mitted by any officer, feaman, or marine, be- Murder.
longing to any public fhip or veffel of the Uni-
ted States, without the territorial jurifdiction of
the fame, may be puniſhed with death by the
fentence of a court martial.
Duties in
Art. XXII. The officers and privates of eve-
ry fhip or veffel, appointed as convoy to mer- relation
chant or other veffels, fhall diligently and faith- to convoy.
fully diſcharge the duties of their appointment,
nor fhall they demand or exact any compenſa-
tion for their fervices, nor maltreat any of the
VOL. V.
P
( 114 )
officers or crews of fuch merchant or other vef-
fels, on pain of making fuch reparation as a
court of admiralty may award, and of fuffering
fuch further puniſhment as a court martial ſhall
adjudge.
chandize
Art. XXIII. If any commander or other offi-
Penalty cer fhall receive or permit to be received, on
on receiv- board his veffel, any goods or merchandize,
ing mer- other than for the fole uſe of his veffel, except
on board. gold, filver, or jewels, and except the goods or
merchandize of veffels which may be in diftrefs,
or fhipwrecked, or in imminent danger of be-
ing fhipwrecked, in order to preferve them for
their owner, without orders from the Prefident
of the United States or the Navy Department,
he fhall, on conviction thereof, be cafhiered,
and be incapacitated forever afterwards, for any
place or office in the navy.
embczzle.
Art. XXIV. If any perfon in the navy fhall
Wale. waſte, embezzle, or fraudulently buy, fell, or
ment, &c. receive any ammunition, provifions, or other
of public public ſtores; or if any officer or other perfon
property. fhall, knowingly, permit through defign, negli-
gence, or inattention, any fuch wafte, embez-
zlement, fale or receipt, every fuch perfon fhall
forfeit all the pay and fubfiftence then due him,
and fuffer fuch further punishment as a court
martial fhall direct.
Art. XXV. If any perfon in the navy fhall un-
lawfully fet fire to or burn any kind of public
property, not then in the poffeffion of an enemy,
pirate, or rebel, he ſhall fuffer death: And if
any perfon fhall, in any other manner, deftroy
fuch property, or ſhall not uſe his beſt exertions
to prevent the deftruction thereof by others, he
fhall be punished at the difcretion of a court
martial.
( 115 )
Art. XXVI. Any theft not exceeding twenty Theft.
dollars may be puniſhed at the difcretion of the
captain, and above that fum, as a court martial
fhall direct.
Art. XXVII. If any perſon in the navy fhall, Offences
when on ſhore, plunder, abuſe, or maltreat any againſt
inhabitant, or injure his property in any way, thore.
people on
he fhall ſuffer fuch puniſhment as a court mar-
tial fhall adjudge.
Art. XXVIII. Every perfon in the navy ſhall Detection
uſe his utmoſt exertions to detect, apprehend, and ap-
and bring to puniſhment all offenders, and fhall, prehen-
at all times, aid and affift all perfons appointed fenders.
for this purpoſe, on pain of fuch puniſhment as
a court martial fhall adjudge.
fion of of-
Art. XXIX. Each commanding officer fhall, Mufter
whenever a feaman enters on board, cauſe an ac- rolls and
curate entry to be made in the ſhip's books, of his hips
name, time, and term of his fervice; and before books.
failing tranſmit to the Secretary of the Navy, a
complete lift or mufter roll of the officers and
men under his command, with the date of their
entering, time and terms of their fervice annex-
ed; and fhall caufe fimilar lifts to be made out on
the firſt day of every ſecond month, to be tranf-
mitted to the Secretary of the Navy, as oppor-
tunities fhall occur; accounting in ſuch lifts or
mufter rolls, for any cafualties which may have
taken place fince the laſt lift or mufter 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 cafe of
death, fhall take care that the purfer fecure all
the property of the deceafed for the benefit of
his legal repreſentative or repreſentatives. He Infpec-
fhall caufe frequent inſpections to be made into tion of
the condition of the provifions, and ufe every proviCons
precaution for its prefervation. He fhall, when-
( 116 )
Officers
from the
ments.
Rules to
up and
read.
ever he orders officers and men to take charge
and men of a prize, and proceed to the United States,
datached and whenever officers or men are fent from his
fhip to be hip for whatever caufe, take care that each man
furnished be furniſhed with a complete ſtatement of his
with cer- account, fpecifying the date of his enliſtment,
tain ſtate- and the period and terms of his ſervice; which
account fhall be figned by the commanding offi-
cer and purfer. He fhall cauſe the rules for the
be hung government of the navy to be hung up in ſome
public part of the fhip, and read once a month
to his fhip's company. He fhall cauſe a con-
venient place to be fet apart for fick or difabled
men, to which he fhall have them removed, with
their hammocks and bedding, when the furgeon
ſhall ſo adviſe, and fhall direct that ſome of the
crew attend them and keep the place clean; and
if neceffary, ſhall direct that cradles, and buc-
kets with covers, be made for their uſe: And
when his crew is finally paid off, he fhall attend
in perſon, or appoint a proper officer, to fee that
juſtice be done to the men, and to the United
States, in the fettlement of the accounts: Any
commanding officer, offending herein, fhall be
puniſhed at the diſcretion of a court martial.
Treat-
ment of
the fick.
Paying
off.
Treat-
inferior
officers
and men.
Art. XXX. No commanding officer fhall, of
his own authority, diſcharge a commiffioned or
ment of warrant officer, nor ftrike, nor puniſh him other-
wife than by fufpenfion or confinement, nor ſhall
he, of his own authority, inflict a puniſhment on
any private beyond twelve lafhes with a cat-of-
nine-tails, nor fhall he fuffer any wired, or other
than a plain cat-of-nine-tails, to be uſed on board
his fhip; nor ſhall any officer who may command
by accident, or in the abſence of the command-
ing officer (except fuch commander be abfent for
a time by leave) order or inflict any other puniſh-
ment than confinement, for which he fhall ac
( 117 )
~**£
count on the return of fuch abfent commanding
officer. Nor ſhall any commanding officer receive
on board any petty officers or men turned over
from any other veffel to him, unlefs each of fuch
officers and men produce to him an account
figned by the captain and purfer of the veſſel
from which they came, fpecifying the date of
fuch officer's or man's entry, the period and
terms of ſervice, the fums paid and the balance
due him, and the quality in which he was rated
on board fuch ſhip. Nor fhall any commanding
officer, having received any petty officer or man
as aforefaid, rate him in a lower or worfe fta-
tion than that in which he formerly ferved: Any
commanding officer offending herein, thall be
puniſhed at the diferetion of a court martial.
Che
Art. XXXI. Any mafter at arms, or other Mafter at
perfon of whom the duty of maſter at arms is arms.
required, who fhall refuſe to receive fuch pri-
foners as fhall be committed to his charge, or
having received them, fhall fuffer them to ef
cape, or diſmiſs them without orders from pro-
per authority, fhall fuffer in fuch prifoners ftead,
or be puniſhed otherwife at the difcretion of a
court martial.
Art. XXXII. All crimes committed by per- Crimes
fons belonging to the navy, which are not fpe- not ſpeci-
cified in the foregoing articles, fhall be punish- fied.
ed according to the laws and cuftoms in fuch
cafes at fea.
Art. XXXIII. All officers, not holding com- Who are
miſſions or warrants, or who are not entitled to
them, except fuch as are temporarily appointed cers.
to the duties of a commiffioned or warrant of
ficer, are deemed petty officers.
petty offi
Art. XXXIV. Any perfon entitled to wages Affign-
or prize money, may have the fame paid to his ment of
A
་
( 118 )
1
*
1
ney.
wages and affignee, provided the affignment be attefted by
prize mo- the captain and purfer; and in cafe of the affign-
ment of wages, the power fhall fpecify the pre-
cife time they commence. But the comman-
der of every veffel is required to difcourage his
crew from felling any part of their wages or
prize money, and never to atteſt any power of
attorney, until he is ſatisfied that the fame is not
granted in confideration of money given for
the purchaſe of wages or prize money.
NAVAL GENERAL COURTS MARTIAL.
3%
ment of
neral
courts
Art. XXXV. General courts martial may be
Appoint- convened as often as the Prefident of the United
naval ge- States, the Secretary of the Navy, or the com-
mander in chief of the fleet, or commander of a
fquadron, while acting out of the United States,
martial. fhall deem it neceffary: Provided, that no ge-
neral court martial fhall confift of more than
thirteen, nor leſs than five members, and as
many officers ſhall be fummoned on every fuch
court as can be convened without injury to the
fervice, fo as not to exceed thirteen, and the
fenior officer fhall always prefide, the others
ranking agreeably to the date of their commif-
fions; and in no caſe, where it can be avoided
without injury to the ſervice, fhall more than
one half the members, exclufive of the Prefi-
dent, be junior to the officer to be tried.
Art. XXXVI. Each member of the court,
before proceeding to trial, fhall take the fol-
lowing oath or affirmation, which the Judge
Advocate, or perfon officiating as fuch, is here-
by authorized to adminiſter.
Oath of
“I, A. B. do fwear [or affirm] that I will
members truly try, without prejudice or partiality, the
of general cafe now depending, according to the evidence
which fhall come before the court, the rules for
the government of the navy, and my own con-
Courts
martial.
ļ
;
¿
( 119 )
fcience; and that I will not by any means di-
vulge or diſcloſe the ſentence of the court, until
it fhall have been approved by the proper au-
thority, nor will I at any time divulge or dif
cloſe the vote or opinion of any particular mem-
ber of the court, unleſs required fo to do before
a court of juftice in due courfe of law."
This oath or affirmation being duly adminif
tered, the Prefident is authorized and required
to adminiſter the following oath or affirmation
to the Judge Advocate, or perfon officiating as
fuch.
advocate.
"I, A. B. do fwear [or affirm] that I will keep Oath of
a true record of the evidence given to and the the judge
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 dif-
cloſe the vote or opinion of any particular mem-
ber of the court, unleſs required fo to dd before
a court of juſtice in due courfe of law."
Art. XXXVII. All teftimony given to a ge- Giving of
neral court martial fhall be on oath or affirma- teftimony.
tion, which the Prefident of the court is hereby
authorized to adminiſter, and if any perſon fhall
refuſe to give his evidence as aforeſaid, or ſhall
prevaricate, or ſhall behave with contempt to
the court, it ſhall and may be lawful for the
court to impriſon fuch offender at their difcre-
tion; provided that the impriſonment in no
cafe fhall exceed two months: And every per-
fon who ſhall commit wilful perjury on exami-
nation on oath or affirmation before fuch court,
or who fhall corruptly procure, or ſuborn any
perſon to commit fuch wilful perjury, fhall and
may be profecuted by indictment or information,
in any court of juftice of the United States, and
fhall fuffer fuch penalties as are authorized by
A
( 120 )
聘
​the laws of the United States in cafes of perjury
or the fubornation thereof. And in every pro-
fecution for perjury or the fubornation thereof
under this act, it fhall be fufficient to fet forth
the offence charged on the defendant, without
fetting forth the authority by which the court
was held, or the particular matters brought or
intended to be brought before the faid court.
Exhibi-
tion of
W
Art. XXXVIII. All charges, on which an ap-
plication for a general court martial is founded,
charges. fhall be exhibited in writing to the proper offi-
cer, and the perfon demanding the court fhall
take care that the perfon accuſed be furniſhed
with a true copy of the charges, with the fpeci-
fications, at the time he is put under arreft, nor
fhall any other charge or charges, than thoſe ſo
exhibited, be urged against the perfon to be
tried before the court, unlefs it appear to the
court that intelligence of fuch charge had not
reached the perfon demanding the court, when
the perfon fo to be tried was put under arreſt,
or that fome witneſs material to the fupport of
fuch charge, who was at that time abfent, can
be produced; in which cafe, reaſonable time
ſhall be given to the perſon to be tried to make
his defence againſt fuch new charge. Every
officer fo arreſted is to deliver up his fword to
Treat-
an arrel-
ted offi-
ment of his commanding officer, and to confine himſelf
to the limits affigned him, under pain of dif
miffion from ſervice.
cer.
Continu-
Courts
Art. XXXIX. When the proceedings of any
ance of general court martial fhall have commenced,
general they fhall not be fufpended or delayed on ac-
count of the abfence of any of the members,
martial. provided five or more be affembled; but the
court is enjoined to fit from day to day, Sun-
days excepted, until fentence be given: And
no member of faid court fhall, after the pro-
-
( 121 )
ceedings are begun, abſent himſelf therefrom,
unleſs in caſe of ſickneſs, or orders to go on
duty from a fuperior officer, on pain of being
cafhiered.
Art. XL. Whenever a court martial fhall fen- Order of
tence any officer to be fufpended, the court fhall fufpenfi-
have power to fufpend his pay and emoluments on.
for the whole, or any part of the time of his
fufpenfion.
Art. XLI. All fentences of courts martial,
which ſhall extend to the lofs of life, fhall re-
quire the concurrence of two-thirds of the mem.
bers prefent; and no ſuch ſentence ſhall be car-
ried into execution, until confirmed by the Pre-
fident of the United States; or if the trial take confirm-
place out of the United States, until it be con- ed.
firmed by the commander of the fleet or ſqua-
dron: All other fentences may be determined
by a majority of votes, and carried into execu-
tion on confirmation of the commander of the
fleet, or officer ordering the court, except fuch
as go to the difmiffion of a commiffioned or war-
rant officer, which are firſt to be approved by
the Prefident of the United States.
H
A court martial fhall not, for any one offence
not capital, inflict a puniſhment beyond one
hundred lafhes.
1
How fen-
tences are
to be giv-
en and
A
Art. XLII. The Prefident of the United States,
or when the trial takes place out of the United Pardon &
mitiga-
States, the commander of the fleet or ſquadron, tion of
ſhall poffefs full power to pardon any offence puniſh-
committed againſt theſe articles, after convic- ments.
tion, or to mitigate the puniſhment decreed by
a court martial.
Sec. 2. Art. I. And be it further enacted, That Courts of
enquiry
courts of enquiry may be ordered by the Prefi-
may be
dent of the United States, the Secretary of the ordered.
VOL. V.
९
( 122 )
Navy, or the commander of a fleet or fquadron,
provided fuch court ſhall not confift of more than
three members who fhall be commiffioned offi-
cers, and a judge advocate, or perſon to do duty
as fuch; and fuch courts fhall have power to
fummon witneffes, adminifter oaths, and puniſh
contempt in the fame manner as courts martial.
But fuch court fhall merely ftate facts, and not
give their opinion, unleſs exprefsly required fo
to do in the order for convening; and the party,
whoſe conduct ſhall be the fubject of enquiry,
ſhall have permiffion to crofs examine all the
witneffes.
Art. II. The proceedings of courts of enquiry
fhall be authenticated by the fignature of the
prefident of the court and judge advocate, and
fhall, in all cafes not capital, or extending to
the difmiffion of a commiffioned or warrant
officer, be evidence before a court martial, pro-
vided oral teſtimony cannot be obtained.
Oaths of
Art. III. The judge advocate, or perſon offi-
the mem- ciating as fuch, fhall adminifter to the members
bers and the following oath or affirmation:
judge ad-
vocate.
"You do fwear, [or affirm] well and truly to
examine and enquire according to the evidence,
into the matter now before you, without partia-
lity or prejudice."
After which, the prefident fhall adminifter
to the judge advocate, or perfon officiating as
fuch, the following oath or affirmation:
"You do fwear, [or affirm] truly to record
the proceedings of this court, and the evidence
to be given in the cafe in hearing."
Sec. 3.
And be it further enacted, That in all
cafes, where the crews of the fhips or veffels of
the United States fhall be feparated from their
veffels, by the latter being wrecked, loft or de-
ftroyed, all the command, power, and autho-
( 123 )
force.
rity, given to the officers of fuch fhips or veffels, In case of
ſhall remain and be in full force as effectually as lots of
if ſuch ſhip or veffel were not fo wrecked, loft, the com
or deſtroyed, until fuch fhip's company be re- mand of
gularly diſcharged from, or ordered again into the offi-
the fervice, or until a court martial fhall be held cers fhali
to enquire into the lofs of fuch fhip or veffel; remain in
and if by the ſentence of fuch court, or other fa-
tisfactory evidence, it ſhall appear that all or any
of the officers and men of fuch fhip's company
did their utmoſt to preſerve her, and after the
lofs thereof behaved themſelves agreeably to the
diſcipline of the navy, then the pay and emolu-
ments of fuch officers and men, or fuch of them
as fhall have done their duty as aforefaid, fhall
go on until their diſcharge or death; and every
officer or private who fhall, after the lofs of fuch
veffel, act contrary to the difcipline of the navy,
fhall be puniſhed at the difcretion of a court
martial, in the fame manner as if ſuch veſſel had
not been fo loft.
Sec. 4. And be it further enacted, That all the
Pay of
and emoluments of fuch officers and men, captives
pay
of any of the ſhips or veffels of the United States to conti-
taken by an enemy, who fhall appear by the fen- nue.
tence of a court martial, or otherwiſe, to have
done their utmoſt to preſerve and defend their
ſhip or veffel, and, after the taking thereof, have
behaved themſelves obediently to their fuperi-
ors, agreeably to the difcipline of the navy, fhall
go on and be paid them until their death, ex-
change, or diſcharge.
Sec. 5. And be it further enacted, That the
proceeds of all fhips and veſſels, and the goods To whom
taken on board of them, which fhall be adjudg. the pro-
ed good prize, fhall, when of equal or fuperior
force to the veffel or veffels making the capture, hall ac-
prizes
be the fole property of the captors; and when crue.
ceeds of
( 124 )
of inferior force, fhall be divided equally be-
tween the United States and the officers and
men making the capture.
Diftribu-
Sec. 6. And be it enacted, That the prize
money, belonging to the officers and men, fhall
prize mo- be diftributed in the following manner:
tion of
ney.
I. To the commanding officers of fleets,
fquadrons, or fingle fhips, three twentieths, of
which the commanding officer of the fleet or
fquadron fhall have one twentieth, if the prize
be taken by a ſhip or veffel acting under his
command, and the commander of fingle fhips,
two twentieths; but where the prize is taken
by a fhip acting independently of fuch fuperior
officer, the three twentieths fhall belong to her
commander.
II. To ſea lieutenants, captains of marines,
and failing maſters, two twentieths; but where
there is a captain, without a lieutenant of ma-
rines, theſe officers fhall be entitled to two
twentieths and one-third of a twentieth, which
third, in fuch cafe, fhall be deducted from the
fhare of the officers mentioned in article No.
III. of this fection.
III. To chaplains, lieutenants of marines,
furgeons, purſers, boatſwains, gunners, carpen-
ters, and maſters mates, two twentieths.
IV. To midshipmen, furgeons mates, cap-
tains clerks, fchoolmafters, boatſwains mates,
gunners mates, carpenters mates, fhips' ftew-
ards, fail makers, mafters at arms, armourers,
cockſwains, and coopers, three twentieths and
an half.
V. To gunners yeomen, boatfwains yeomen,
quarter mafters, quarter gunners, fail makers
mates, ferjeants and corporals of marines,
drummers, fifers and extra petty officers, two
twentieths and an half.
( 125 )
VI. To feamen, ordinary ſeamen, marines,
and all other perfons doing duty on board,
feven twentieths.
VII. Whenever one or more public fhips
or veffels are in fight at the time any one or
more ſhips are taking a prize or prizes, they
fhall all ſhare equally in the prize or prizes, ac-
cording to the number of men and guns on
board each fhip in fight.
No commander of a fleet or fquadron ſhall be
entitled to receive any fhare of prizes taken by
veffels not under his immediate command; nor
of fuch prizes as may have been taken by ſhips
or veffels intended to be placed under his com-
mand, before they have acted under his imme-
diate orders; nor fhall a commander of a fleet
or fquadron, leaving the ſtation where he had
the command, have any fhare in the prizes taken
by fhips left on fuch ſtation, after he has
out of the limits of his faid command.
gone
cafes.
Sec. 7. And be it further enacted, That a boun- Bounty
ty fhall be paid by the United States, of twenty given in
dollars, for each perfon on board any fhip of an certain
enemy at the commencement of an engagement,
which ſhall be funk or deſtroyed by any fhip or
veffel belonging to the United States of equal
or inferior force, the fame to be divided among
the officers and crew in the fame manner as
prize money.
Sec. 8. And be it further enacted, That every
officer, feaman or marine, diſabled in the line Penfions
of his duty, fhall be entitled to receive for life, to perfons
or during his diſability, a penfion from the Uni- difabled
ted States according to the nature and degree fervice.
of his diſability, not exceeding one half his
monthly pay.
in the
1
( 126 ).
Appropri-
ation
U.States.
Sec. 9. And be it enacted, That all money ac-
of cruing, or which has already accrued to the
the part United States from the fale of prizes, fhall be
of captur- and remain forever a fund for the payment of
ed proper-
ty belong- penfions and half pay, fhould the fame be here-
ing to the after granted, to the officers and feamen who
may be entitled to receive the ſame; and if the
faid fund fhall be infufficient for the purpoſe,
the public faith is hereby pledged to make up
the deficiency; but if it fhould be more than
fufficient, the furplus fhall be applied to the ma-
king of further provifion for the comfort of the
difabled officers, feamen, and marines, and for
fuch as, though not diſabled, may merit by their
bravery, or long and faithful fervices, the gra-
titude of their country.
W
Sec. 10. And be it further enacted, That the
faid fund fhall be under the management and
direction of the Secretary of the Navy, the Se-
cretary of the Treaſury, and the Secretary of
War, for the time being, who are hereby au-
thorized to receive any fums to which the Uni-
ted States may be entitled from the fale of
prizes, and employ and inveſt the fame, and the
intereſt ariſing therefrom, in any manner which
a majority of them may deem moſt advanta-
geous: And it ſhall be the duty of the faid com-
miffioners to lay before Congrefs, annually, in
the first week of their feffion, a minute ftate-
ment of their proceedings relative to the ma-
nagement of faid fund.
S
the form-
er act.
Sec. 11. And be it further enacted, That the
Repeal of act paffed the ſecond day of March, in the year
one thouſand feven hundred and ninety-nine,
entitled "An act for the government of the
navy
of the United States," from and after the
(
127 )
first day of June next, fhall be, and hereby is
repealed.
THEODORE SEDGWICK,
Speaker of the House of Reprefentatives.
TH: JEFFERSON,
Sec. I.
Vice-Prefident of the United States, and
Prefident of the Senate.
APPROVED-April 23d, A. D. 1800.
JOHN ADAMS,
Prefident of the United States.
CHAPTER XXXIV.
An ACT refpecting the Mint.
ation for
E it enacted by the Senate and Houfe of
Reprefentatives of the United States
of America, in Congress affembled, That a fum
equal to the amount of the cents and half cents,
which ſhall have been coined at the mint, and Appropri
delivered to the Treaſurer of the United States, the pur-
ſubſequent to the third day of March, in the chafe of
year one thouſand feven hundred and ninety- copper.
nine, ſhall be, and the fame is hereby appropri-
ated for the purchaſe of copper for the further
coinage of cents and half cents; and that a fum
equal to the amount of cents and half cents,
which fhall be hereafter coined at the mint, and
delivered to the Treaſurer of the United States
in any one year, fhall be, and the fame is hereby
appropriated for the annual purchaſe of copper
for the coinage of cents and half cents, which
fums fhall be payable out of any monies in the
Treaſury not otherwiſe appropriated.
Sec. 2. And be it further enacted, That there Part of
ſhall be retained from every depoſit in the mint, bullion
of gold or filver bullion below the ſtandard of depofited,
the United States, fuch fum as ſhall be equiva-
lent to the expenſe incurred in refining the fame, for the
to be re,
tained,
1
( 128 )
expenſe of and an accurate account of fuch expenſe on
refining. every fuch depofit fhall be kept, and of the
fums retained on account of the fame, which
fhall be accounted for by the Treaſurer of the
Mint, with the Treafury of the United States.
THEODORE SEDGWICK,
Speaker of the House of Reprefentatives.
TH: JEFFERSON,
#1
÷
Vice-Prefident of the United States, and
Prefident of the Senate.
APPROVED-April 24th, A. D. 1800.
JOHN ADAMS,
Prefident of the United States.
CHAPTER
XXXV.
An ACT to continue in force the act in addition
to the act for the punishment of certain crimes
against the United States.
B
E it enacted by the Senate and Houfe of Repre-
fentatives of the United States of America,
in Congress affembled, That an act paſſed on the
fifth day of June, one thouſand ſeven hundred
and ninety-four, intituled" An act in addition
to the act for the puniſhment of certain crimes
againſt the United States," and which by the
tenth fection thereof was limited to continue in
force for and during the term of two years from
paffing the fame, and from thence to the end of
the next feffion of Congrefs thereafter, and no
longer; and which faid act was, by an act paffed
on the fecond day of March, one thouſand ſeven
hundred and ninety-feven, 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," fur-
ther continued in force for two years from the
faid fecond day of March, one thouſand ſeven
( 129 )
hundred and ninety-feven, and from thence to
the end of the next feffion of Congreſs there-
after, fhall continue and be in force without
limitation of time, any thing in any act to the
contrary notwithſtanding.
THEODORE SEDGWICK,
Speaker of the House of Reprefentatives.
TH: JEFFERSON,
Vice-Prefident of the United States, and
Prefident of the Senate.
APPROVED-April 24th, A. D. 1800.
JOHN ADAMS,
Prefident of the United States.
CHAPTER XXXVI.
An ACT to repeal the act laying duties on mills
and implements employed in the manufacture of
Snuff.
BE
E it enacted by the Senate and Houſe of Re-
preſentatives of the United States of America,
in Congress affembled, That fo much of the act,
intituled An act to alter and amend the act,
intituled An act laying certain duties upon
fnuff and refined fugar," paffed on the third
day of March, one thouſand ſeven hundred and
ninety-five, as impofes a duty upon mills and
implements employed in the manufacture of
fnuff, or allows a drawback upon the exporta-
tion of fnuff manufactured within the United
States, ſhall be, and the fame hereby is repealed.
THEODORE SEDGWICK,
Speaker of the House of Reprefentatives.
TH: JEFFERSON,
Vice-Prefident of the United States, and
Prefident of the Senate.
APPROVED-April 24th, A. D. 1800.
JOHN ADAMS, Prefident of the United States,
VOL. V.
R
( 130 )
I
:
CHAPTER
XXXVII.
An ACT to make further provision for the re-
moval and accommodation of the Government of
the United States.
B E it enacted by the Senate and Houfe of
Repreſentatives of the United States
of America, in Congrefs affembled, That the Pre-
Prefident fident of the United States fhall be, and here-
Sec. I.
dent's
houfe,
rect the
removal
of the of-
may di- by is authorized and empowered, to direct the
various offices belonging to the feveral execu-
tive departments of the United States, to be
fices, &c. removed to the city of Waſhington, at any time
that he ſhall judge proper, after the adjourn-
ment of the prefent feffion of Congrefs, and
before the time heretofore appointed by law
for fuch removal.
of furni-
ture for
Sec. 2. And be it further enacted, That for the
Providing purpoſe of providing furniture for the houſe.
erected in the city of Washington, for the ac-
the Prefi. commodation of the Prefident of the United
States, a fum not exceeding fifteen thoufand
dollars be expended, under the direction of the
heads of the feveral departments of State, of
the Treaſury, of War, and of the Navy.
and for
tol.
Sec. 3. And be it further enacted, That for the
fuitable accommodation of Congrefs at the city
of Washington, the Secretaries of the four ex-
the capi- ecutive departments, or any three of them, fhall
be, and hereby are authorized and directed to
cauſe ſuitable furniture to be forthwith provided
for the apartments, which are to be occupied in
the capitol at the faid city, by the two houſes
reſpectively, and for the offices and committee
rooms of each; and to caufe the faid apartments,
offices and committee rooms to be furniſhed in
a fuitable manner, fo as to be ready for the re-
ception of Congreſs on the day fixed by law for
the removal of the government to the faid city;
(131)
M
>
and that for defraying the expenfes incident to
the furniſhing of the faid apartments, offices,
and committee rooms, and to the removal of
the books, papers, and records belonging to
the faid offices refpectively, there fhall be, and
hereby is appropriated a fum not exceeding
nine thousand dollars.
Sec. 4. And be it further enacted, That for the
greater convenience of the members of both
houfes of Congrefs in attending their duty in Foot-
the faid city of Washington, and the greater ways to
facility of communication between the various be made.
departments and offices of the government, there
fhall be made foot-ways in the faid city in fuita
ble places and directions; and that the faid foot-
ways fhall be made by the commiffioners of the
faid city, under the direction of the fecretaries
of the four executive departments of the United
States, who, or any three of whom, ſhall forth-
with take order therefor, and in fuch manner,
at ſuch places, and in ſuch directions as they or
any three of them fhall judge moſt proper for
the purpoſes aforefaid, and fhall appoint; and
that if the faid fecretaries, or any three of them,
fhall find on examination that there is not in the
hands of the faid commiffioners a fum fufficient
for making the faid foot-ways, over and above
what may have been deftined by the faid com-
miffioners, or may, in the opinion of the ſaid
fecretaries, or any three of them, be neceffary
for the accompliſhment of other objects necef
fary for the accommodation of the government,
or its removal as aforefaid, then the faid fecreta-
ries, 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 faid foot-ways, any fum
which may be neceffary therefor, not exceed-
ing ten thouſand dollars; which fum is hereby
1
( 132 )
忄
​}
appropriated for the faid purpoſe. And all the
lots in the city of Wafhington, now vefted in the
faid commiffioners, or in truftees in any man-
ner for the uſe of the United States, and now
remaining unfold, excepting thofe fet apart for
public purpoſes, fhall be, and are hereby declar-
ed and made chargeable with the re-payment
of the faid fum of ten thoufand dollars, which
ſhall be advanced in purſuance of this act, and
the intereſt accruing thereon.
Sec. 5. And be it further enacted, That for the
Purchaſe purchaſe of fuch books as may be neceffary for
of books. the uſe of Congrefs at the faid city of Washing-
ton, and for fitting up a ſuitable apartment for
containing them and for placing them therein,
the fum of five thoufand dollars fhall be, and
hereby is appropriated; and that the faid pur-
chaſe ſhall be made by the Secretary of the Se-
nate and Clerk of the Houfe of Reprefentatives,
purſuant to fuch directions as fhall be given,
and fuch catalogue as fhall be furniſhed by a
joint committee of both houfes of Congrefs to
be appointed for that purpoſe; and that the faid
books fhall be placed in one fuitable apartment
in the capitol in the faid city, for the ufe of both
houſes of Congrefs and the members thereof,
according to fuch regulations as the committee
aforefaid ſhall deviſe and eſtabliſh.
Sec. 6. And be it further enacted, That the
Appro- feveral appropriations aforefaid fhall be paid
priations
how to be out of any monies in the Treaſury of the Uni-
ted States not otherwiſe appropriated.
THEODORE SEDGWICK,
pail.
Speaker of the House of Reprefentatives.
TH: JEFFERSON,
Vice-Prefident of the United States, and
Prefident of the Senate.
APPROVED-April 24th, A. D. 1800.
JOHN ADAMS, Prefident of the United States.
·
( 133 )
CHAPTER XXXVIII.
An ACT to authorize the Prefident of the Unitea
States to accept, for the United States, a ceffion
of jurifdiction of the territory west of Pennfyl
vania, commonly called the Weſtern Reſerve of
Connecticut.
letters pa-
of the U.
S. to
E it enacted by the Senate and House of Repre-
fentatives of the United States of America,
in Congress affembled, That the Prefident of the The Pre-
United States be, and he hereby is authorized fident
to execute and deliver letters patent in the name may iffue
and behalf of the United States, to the governor tent re-
of the ſtate of Connecticut for the time being, leafing
for the uſe and benefit of the perfons holding the right
and claiming under the ſtate of Connecticut, or to the
their heirs and affigns forever, whereby all the foil of the
right, title, intereft and eftate of the United Weftern
States, to the foil of that tract of land lying weſt Reſerve.
of the weft line of Pennfylvania, as claimed by
the ſtate of Pennſylvania, and as the fame has
been actually fettled, aſcertained and run in con-
formity to an agreement between the ſaid ſtate.
of Pennſylvania and the ſtate of Virginia, and
extending from faid line weftward one hundred
and twenty ftatute miles in length, and in
breadth throughout the faid limits in length
from the completion of the forty-firft degree of
north latitude, until it comes to forty-two de-
grees and two minutes north latitude, including
all that territory commonly called the Weſtern
Referve of Connecticut, and which was except-
ed by ſaid ſtate of Connecticut out of the ceffion
by the faid ftate heretofore made to the United
States, and accepted by a refolution of Con-
greſs of the fourteenth of September, one thou-
fand ſeven hundred and eighty-fix, fhall be re-
leafed and conveyed as aforefaid to the faid go-
vernor of Connecticut, and his fucceffors in faid
( 134 )
Provided however, That fuch letters patent
ſhall not be executed and delivered, unleſs the
Provided, tate of Connecticut fhall, within eight months
Connedi- from paffing this act, by a legiflative act, re-
cut all nounce forever, for the ufe and benefit of the
cede to
United States, and of the feveral individual
the U. S.
certain
ftates who may be therein concerned refpective-
western ly, and of all thofe deriving claims or titles from
lands;
them or any of them, all territorial and jurif
dictional claims whatever, under any grant,
charter or charters whatever, to the foil and ju-
rifdiction of any and all lands whatever lying
weftward, north,weftward, and ſouth-weſtward
of thoſe counties in the ftate of Connecticut,
which are bounded westwardly by the eaſtern
line of the ſtate of New-York, as afcertained
by agreement between Connecticut and New-
York in the year one thouſand ſeven hundred
and thirty-three, excepting only from ſuch re-
nunciation the claim of faid ftate of Connecti-
cut, and of thoſe claiming from or under the
faid ſtate, to the foil of ſaid tract of land here-
in deſcribed under the name of the Weſtern
Referve of Connecticut.
office, forever, for the purpofe of quieting the
grantees and purchafers under faid ftate of
Connecticut, and confirming their titles to the
foil of the faid tract of land.
cute a
deed re-
And provided afo, That the faid ftate of Con-
and exe- necticut fhall, within the faid eight months from
and after paffing this act, by the agent or agents
of faid ftate duly authorized by the legiflature.
thereof, execute and deliver to the acceptance
of the Prefident of the United States, a deed ex-
prefsly releafing to the United States the jurif
dictional claim of the ſaid ſtate of Connecticut,
to the ſaid tract of land herein deſcribed under
the name of the Western Referve of Connecti-
linquish-
ing her
jurifdic
tional
claim to
the Weft-
ern Re-
ferve.
*
( 135 )
certain
cut, and fhall depofit an exemplification of faid
act of renunciation. under the feal of the faid
ftate of Connecticut, together with faid deed
releafing faid jurifdiction, in the office of the
Department of State of the United States, which
deed of ceffion when fo depofited (hall veft the
jurifdiction of faid territory in the United States:
Provided, that neither this act, nor any thing
contained therein, fhall be conftrued fo as in Saving of
any manner to draw into queftion the conclu- conftruc
five fettlement of the difpute between Penn- tions.
fylvania 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 perfon or perfons claiming under that or
any other ſtate, in any exifting difpute concern.
ing the right, either of foil or of juriſdiction,
with the ſtate of Connecticut, or with any per..
fon or perfons claiming under the ſtate of Con-
necticut: And provided alfo, that nothing here-
in contained fhall be conftrued in any manner
to pledge the United States for the extinguiſh-
ment of the Indian title to the faid lands, or
further than merely to paſs the title of the
United States thereto.
THEODORE SEDGWICK,
Speaker of the House of Reprefentatives.
TH: JEFFERSON,
Vice-President of the United States, and
Prefident of the Senate.
APPROVED-April 28th, A. D. 1800.
JOHN ADAMS,
Preſident of the United States.
( 136 )
Light-
houfe at
N. Lon-
don.
CHAPTER XXXIX.
An ACT to provide for re-building the light-
houſe at New-London; for the fupport of a
light-houſe at Clark's Point; for the erection
and fupport of a light-houfe at Wigwam Point,
and for other purpoſes.
Sec. I. E it enacted by the Senate and Houſe of
Repreſentatives of the United States
of America, in Congress affembled, That under
the direction of the Secretary of the Treaſury,
there fhall be purchaſed for the ufe of the Uni-
ted States, ſo much land contiguous to their
territory, now occupied for the light-houſe at
New-London, as fhall be fufficient for vaults.
and any other purpoſe, neceffary for the better
fupport of the faid light-houſe: Provided, that
the legiſlature of the ſtate of Connecticut fhall
cede to the United States the jurifdiction of
fuch additional territory.
houſe at
Sec..2. And be it further enacted, That the Se-
cretary of the Treafury fhall be, and he is here-
by authorized, at his difcretion, to procure a
new lanthorn with ſuitable diftinctions, and to
cauſe convenient vaults to be erected, and the
faid light-houſe at New-London to be re-built.
Sec. 3. And be it further enacted, That the
Light light-houfe lately erected at Clark's Point, fo
called, at the entrance of Accufhnet river, with-
in the town of New-Bedford, in the ftate of
Maffachuſetts, fhall and may be fupported at
the expenſe of the United States: And the Se-
cretary of the Treaſury fhall and may appoint
a keeper thereof, and take further order refpec-
ting the fame as in other cafes: Provided, that
the property and jurifdiction of the faid light-
houſe, and fufficient territory for the accom-
modation thereof fhall be fully ceded and le-
gally vefted in the United States.
Clark's
Point.
( 137 )
Sec. 4. And be it further enacted, That under Buoys to
be placed
the direction of the Secretary of the Treaſury, within Buz-
there fhall be provided and maintained at the zard's Bay.
expenfe of the United States, not exceeding fix
buoys to be placed within Buzzard's Bay, upon
the moſt dangerous ledges there, in fuch man-
ner as the fafety of navigation in that bay re-
quires.
Point.
Sec. 5. And be it further enacted, That the Se-
Light-houfe
cretary of the Treaſury ſhall be, and he is hereby to be erected
authorized and directed to caufe a fufficient on Wigwam
light-houſe to be erected on Wigwam Point,
fo called, within the town of Gloucefter, in the
ſtate of Maffachuſetts, where it will beft ferve
the purpoſe of diſcovering the entrance of Aneſ-
quam harbour, and to appoint a keeper, and
otherwiſe to provide for the fupport of fuch
light-houſe at the expenſe of the United States.
Provided, that fufficient land for the accommo-
dation of fuch light-houſe, together with the
jurifdiction thereof, fhall be duly and legally
granted to and vefted in the United States.
Appropria
Sec. 6. And be it further enacted, That there
fhall be and hereby are appropriated for provid- tions.
ing the faid buoys, a fum not exceeding three
hundred dollars, and for the erection of the faid
light-houſe at Wigwam Point, a fum not ex-
ceeding two thouſand dollars, to be paid out of
any monies which may be in the Treaſury of
the United States not otherwiſe appropriated.
THEODORE SEDGWICK,
Speaker of the House of Reprefentatives.
TH: JEFFERSON,
Vice-Prefident of the United States, and
Prefident of the Senate.
APPROVED-April 29th, A. D. 1800.
JOHN ADAMS,
Prefident of the United States.
VOL. V.
S
(133)
CHAPTER XL.
An ACT fupplementary to the law's now in force,
fixing the compenfations of the officers of the Se-
nate and Houfe of Reprefentatives.
Sec. 1. E it enacted by the Senate and Houſe of
Repreſentatives of the United States
of America, in Congress affembled, That from and
after the thirty firft day of December, one thou-
fand ſeven hundred and ninety-nine, the officers
of the Senate and Houſe of Reprefentatives,
hereinafter mentioned, ſhall be, and hereby are
entitled to receive, in addition to their compen
fations as now fixed by law, the following fums,
that is to fay: The Secretary of the Senate, and
Clerk of the Houfe of Reprefentatives, two
hundred and fifty dollars each, in addition to
their falaries as at preſent eſtabliſhed by law;
and each of their principal and engroffing clerks,
in addition to their per diem allowance as efta-
bliſhed by law, two hundred dollars per annum.
Sec. 2. And be it further enacted, That the
fergeant-at-arms of the Senate, who alfo per-
forms the duty of door-keeper, the fergeant-at-
arms of the Houſe of Repreſentatives, and the
door-keeper of the Houfe of Reprefentatives,
fhall be and hereby are entitled to receive five.
hundred dollars per annum each, and two dol-
lars a day during the feffion; and the affiftant
door-keepers of the Senate and Houſe of Re-
prefentatives four hundred and fifty dollars per
annum each, and two dollars per day during
the ſeſſion, in lieu of the compenfations hereto-
fore eſtabliſhed by law, which compenfations
fhall commence from the commencement of the
preſent feffion.
( 139 )
Sec. 3. And be it further enacted, That this
act fhall continue in force for and during the
term of two years and no longer.
THEODORE SEDGWICK,
Speaker of the House of Reprefentatives.
TH: JEFFERSON,
Vice-Prefident of the United States, and
Prefident of the Senate.
APPROVED-May 2d, A. M. 1800.
JOHN ADAMS,
Prefident of the United States.
CHAPTER XLI.
An ACT to divide the territory of the United States
northwest of the Ohio, into two feparate govern-
*
ments.
Sec. 1. DE it enacted by the Senate and Houfe
of Reprefentatives of the United States
and name of
of America, in Congrefs affembled, That from and Boundary
after the fourth day of July next, all that part the new ter-
of the territory of the United States northweft ritory.
of the Ohio river, which lies to the weftward of
a line beginning at the Ohio, oppofite to the
mouth of Kentucky river, and running thence
to fort Recovery, and thence north until it fhall
interfect the territorial line between the United
States and Canada, fhall, for the purpoſes of
temporary government, conftitute a feparate
territory, and be called the Indiana Territory.
verument
and privi
Sec. 2. And be it further enacted, That there
fhall be eſtabliſhed within the faid territory a
governmeut in all refpects fimilar to that pro- form of go-
vided by the ordinance of Congrefs, paffed on
the thirteenth day of July one thoufand feven leges of the
hundred and eighty-feven, for the government
of the territory of the United States northweft
of the river Ohio; and the inhabitants thercof
fhall be entitled to, and enjoy all and fingular
inhabitants.
( 140 )
the rights, privileges and advantages granted
and fecured to the people by the ſaid ordinance.
on of the
⚫fficers.
Sec. 3. And be it further enacted, That the of-
ficers for the faid territory, who by virtue of this
compenfati- act fhall be appointed by the Prefident of the
United States, by and with the advice and con-
fent of the Senate, fhall refpectively exercife the
fame powers, perform the fame duties, and re-
ceive for their fervices the fame compenfations
as by the ordinance aforefaid and the laws of
the United States, have been provided and efta-
bliſhed for fimilar officers in the territory of the
United States northweſt of the river Ohio: And
the duties and emoluments of Superintendant
of Indian Affairs fhall be united with thofe of
governor: Provided, That the Prefident of the
United States fhall have full power, in the re-
Commiffions cefs of Congrefs, to appoint and commiffion all
may be iffu- officers herein authorized; and their commiffi-
ons fhall continue in force until the end of the
next feffion of Congrefs.
ed in the re-
cefs.
Powers,
duties, and
on of a ge-
neral affem-
bly,
Sec. 4. And be it further enacted, That ſo much
Organizati- of the ordinance for the government of the ter-
ritory of the United States northweſt of the
Ohio river, as relates to the organization of a
General Affembly therein, and prefcribes the
powers thereof, fhall be in force and operate in
the Indiana territory, whenever fatisfactory evi-
dence fhall be given to the governor thereof,
that ſuch is the wifh of a majority of the free-
holders, notwithſtanding there may not be there-
in 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 faid territory, the whole number of repre-
fentatives to the General Affembly fhall not be
lefs than feven, nor more than nine, to be ap-
( 141 )
portioned by the governor to the feveral coun-
ties 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.
of this ac
vernment of
Sec. 5. And be it further enacted, That nothing
in this act contained fhall be conftrued fo as in Conftruction
any manner to affect the government now in with refpect
force in the territory of the United States north- to the go-
weft of the Ohio river, further than to prohibit the n. w.
the exerciſe thereof within the Indiana terri- territory.
tory, from and after the aforefaid 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 Eventual
of the Great Miami river, and running thence change of
due north to the territorial line between the dary.
United States and Canada, fhall be erected into
an independent ftate, and admitted into the
Union on an equal footing with the original
tates, thenceforth faid line fhall become and
remain permanently the boundary line between
fuch ſtate and the Indiana territory; any thing
in this act contained to the contrary notwith-
ftanding.
the boun-
two goverte
ments.
Sec. 6. And be it further enacted, That until
it fhall be otherwife ordered by the legiſlatures Seats of the
of the faid territories refpectively, Chilicothe,
on Scioto river, fhall be the feat of the govern-
ment of the territory of the United States north-
weft of the Ohio river; and that Saint Vincen-
nes, on the Wabaſh river, fhall be the feat of
the government for the Indiana territory.
THEODORE SEDGWICK,
Speaker of the House of Reprefentatives.
TH: JEFFERSON,
Vice-Prefident of the United States, and
Prefident of the Senate.
APPROVED-May 7th, A. D. 1800.
JOHN ADAMS, Prefident of the United States.
1
( 142 )
3,500,000
dollars.
CHAPTER XLII.
An ACT to enable the Prefident of the United
States to borrow money for the public ſervice.
(
B
E it enacted by the Senate and Houfe of
Repreſentatives of the United States
of America, in Congress affembled, That the Preii-
dent of the United States fhall be, and hereby
is authorized to borrow on behalf of the Uni-
· Prefident
authorized
to borrow ted States, from the bank of the United States,
which is hereby authorized to lend the fame, or
from any other body or bodies politic or cor-
porate, or from any perfon or perfons, and upon
fuch terms and conditions, as he ſhall judge moft
advantageous for the United States, a fum 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 ap-
propriation heretofore made by law, or to be
made during the prefent feflion of Congrefs,
and defraying the expenfes which may be in-
curred by calling into actual fervice any part of
the militia of the United States, or by raifing,
equipping and calling into actual fervice any
regular troops or volunteers, purſuant to autho-
rities veſted, or to be vefted in the Prefident of
the United States by law: Prov ded, That no
engagement nor contract fhall be entered into,
which fhall preclude the United States from re-
imburfing any fum or fums borrowed, at any
time after the expiration of fifteen years from
the date of fuch loan.
Sec. I.
Sec. 2. And be it further enacted, That fo
Appropria- much as may be neceffary of the furplus of the
tion for the duties on imports and tonnage, beyond the per-
intereft, manent appropriations heretofore charged upon
them by law, thall be and hereby is pledged and
Payment of
( 143 )
guiſhment
appropriated for paying the intereſt of all fuch and extin-
monies as may be borrowed purſuant to this of the prin-
act, according to the terms and conditions on cipal.
which the loan or loans refpectively may be ef-
fected; and alfo for paying and diſcharging the
principal fum or fums of any fuch loan or loans,
according to the terms and conditions to be fix-
ed as aforefaid: And the faith of the United
States fhall be, and hereby is pledged to efta-
blifh fufficient permanent revenues for making
up any deficiency, that may hereafter appear in
the proviſions for paying the faid intereft and
principal fums, or any of them, in manner a-
forefaid.
tion of the
Sec. 3. And be it further enacted, That the
fums, to be borrowed purſuant to this act, fhall Appropria-
be paid into the Treaſury of the United States, proceeds of
and there feparately accounted for; and that the loan.
the fame ſhall be, and hereby are appropriated
in the manner following:
Firſt, to make up any deficiency in any ap-
propriation heretofore made by law, or to be
made during the prefent feffion of Congrefs:
And, fecondly, to defray the expenfes which
may be incurred before the end of the next fef-
fion of Congrefs, by calling into actual ſervice
any part of the militia of the United States, or
by raifing, equipping and calling into actual fer-
vice any regular troops or volunteers, purſuant
to authorities vefted or to be vefted in the Prefi-
dent of the United States by law.
THEODORE SEDGWICK,
Speaker of the House of Reprefentatives.
TH: JEFFERSON,
Vice-Prefident of the United States, and
Prefident of the Senate.
APPROVED-May 7th, A. D. 1800.
JOHN ADAMS,
Prefident of the United States.
{
(144)
CHAPTER XLIII.
An ACT to continue in force "An act laying an
additional duty on falt imported into the United
States; and for other purpoſes."
E it enacted by the Senate and Houſe of Repre-
fentatives of the United States of America, in
Congress affembled, That an act paffed on the
eighth day of July, one thouſand feven hundred
and ninety-feven, intituled, "An act laying an
additional duty on falt imported into the Uni-
ted States, and for other purpoſes," ſhall be, and
the fame is hereby continued in force for and
during the term of ten years from the third day
of March one thouſand eight hundred, and
from thence to the end of the next feffion of
Congreſs thereafter, and no longer.
THEODORE SEDGWICK,
Speaker of the House of Reprefentatives.
TH: JEFFERSON,
Vice-Prefident of the United States, and
Prefident of the Senate.
APPROVED-May 7th, A. D. 1800.
JOHN ADAMS,
Prefident of the United States.
i
CHAPTER XLIV.
An ACT to authorize the allowance of a credit to
William Tazewell.
E it enacted by the Senate and Houſe of Re-
preſentatives of the United States of Ameri-
ea, in Congress affembled, That in fettling the ac-
counts of William Tazewell, fecretary of El-
bridge Gerry, late envoy extraordinary from
the United States of America to the French Re-
public, the Secretary of State be, and he is
hereby authorized to allow the reaſonable ex-
( 145 )
penfes incurred by the faid William Tazewell,
in confequence of his being captured on his re-
turn to the United States.
THEODORE SEDGWICK,
Speaker of the House of Reprefentatives.
TH: JEFFERSON,
Vice-Prefident of the United States, and
Prefident of the Senate.
APPROVED-May 7th, A. D. 1800.
JOHN ADAMS,
Preſident of the United States.
CHAPTER XLV.
An ACT to authorize the fale and conveyance of
lands, in certain cafes, by the Marſhals of the
United States, and to confirm former fales.
Sec. I.
B
intereft in
U. S. in fa-
E it enacted by the Senate and Houſe of
Repreſentatives of the United States Marſhals
of America, in Congress affembled, That where may fell the
the United States fhall have obtained judgment lands deli-
in civil actions, brought in thofe ftates wherein vered to the
by the laws and practice of fuch ftates lands or tisfaction of
other real eſtate belonging to the debtor are de- judgments.
livered to the creditor in fatisfaction of fuch
judgment, and fhall have received feifin and
poffeffion of lands fo delivered, it fhall be law-
ful for the marfhal of the diftrict wherein fuch
lands or other real eſtate are fituated, under the
directions of the Secretary of the Treaſury, to
expoſe the fame to fale at public auction, and
to execute a grant thereof to the higheſt bidder,
on receiving payment of the full purchaſe mo-
ney; which grant, fo made, fhall veft in fuch
purchaſer all the right, eftate, and intereft of
VOL. V.
T
( 146 )
▸
the United States in and to fuch lands, or other
real eſtate.
Such fales
by the col-
lectors, in
Sec. 2. And le it further enacted, That the fales
heretofore made by collectors of certain diftri&s
of the United States, of lands or other real eftate
former cafes, delivered as aforefaid to the United States, fhall
be, and they are hereby confirmed: Provided,
That this confirmation fhall not extend to any
fale, unleſs the condition of fuch fale has been
complied with by the purchaſer.
confirmed.
the fale of
office of
marshal.
;
Sec. 3. And be it fur ber enacted, That when.
Proceedings ever a marfhal thall fell any lands, tenements,
to conclude or hereditaments, by virtue of proceſs from a
lan is in cafe court of the United States, and fhall die, or be
of the va- removed from office, or the term of his com-
cacy of the miffion expire, before a deed fhall be executed
for the fame by him to the purchafer; in every
fuch cafe the purchafer or plaintiff, at whofe
fuit the fale was made, may apply to the court
from which the procefs iffued, and fet forth the
cafe, affigning the reafon why the title was not
perfected by the marfhal who fold the fame
and thereupon the court may order the marfhal
for the time being to perfect the title, and
execute a deed to the purchaſer, he paying the
purchaſe-money and cofts remaining unpaid;
and where a marfhal fhall take In execution any
lands, tenements, or hereditaments, and fhall
die, or be removed from office, or the term of
his commiffion expire before fale, or other final
difpofition made of the fame; in every fuch
cafe, the like procefs fhall iffue to the fucceed-
ing marshal, and the fame proceedings fhall be
had, as if fuch former marfhal had not died or
been removed, or the term of his commiffion
had not expired: And the provifions in this
fection contained fhall be, and they are hereby
( 147 )
extended to all the cafes refpectively which may
have happened before the paffing of this act.
THEODORE SEDGWICK,
Speaker of the House of Reprefentatives.
TH: JEFFERSON,
Vice-President of the United States, and
Prefident of the Senate.
APPROVED-May 7th, A. D. 1800.
JOHN ADAMS,
Prefident of the United States.
CHAPTER XLVI.
An ACT for the regulation of public arfenols and
niagazines.
Sec. 1.
B
the fuperin-
E. it enacted by the Senate and Floufe of
Reprefentatives of the United States
of America, in Congress affembled, That the feve-
ral officers who now are, or hereafter may be Rations to
employed in the armories of the United States, tendants and
fhall be entitled to, and fhall receive the follow- mafter ar-
ing compenfations, in addition to their pay as morers.
eftabliſhed by law, to wit: A fuperintendant of
fuch armory three rations per day, or an equi-
valent in money; and a mafter armorer two
rations per day, or an equivalent in money.
Sec. 2. And be it further enacted, That if
perfon fhall procure, or entice any artificer or renalty on
workman, retained or employed in any arfenal enticing
or armory of the United States, to depart from ploying, &c.
the fame during the continuance of his
engage-
ment, or avoid or break his contract with the
United States, or who after due notice of the to the pub
engagement of any fuch workman or armorer,
in any arfenal or armory, fhall, during the con-
tinuance of fuch engagement, retain, hire, or in
any wife employ, harbour, or conceal fuch ar-
tificer or workman, the perfon fo offending fhall,
any
away, cm-
workmen
under en-
gagements
lic.
-
1
(148)
Penalty on
being guilty
workmen
of certain
mifconduct.
Exemption
from mili-
tary
and fervice
as jurors.
upon conviction, be fined at the difcretion of
the court not exceeding fifty dollars, or be im-
prifoned for any term, not exceeding three
months.
Sec. 3. And be it further enacted, That if any
artificer or workman hired, retained, or em-
ployed in any public arfenal or armory, fhall,
wantonly and carelessly, break, impair, or de-
ſtroy any implements, tools, or utenfils, or any
ftock, or materials for making guns, the pro-
perty of the United States; or fhall wilfully and
obftinately refufe to perform the fervices law-
fully affigned to him, purſuant to his contract,
every fuch perfon fhall forfeit a fum not ex-
ceeding twenty dollars for every fuch act of dif
obedience or breach of contract, to be recover-
ed in any court having competent jurifdiction
thereof.
I
Sec. 4. And be it further enacted, That all ar-
tificers and workmen, who are or fhall be em-
ployed in the faid armories, fhall be, and they
are hereby exempted, during their time of fer-
vice, from all military fervice, and fervice as
jurors in any court.
THEODORE SEDGWICK,
Speaker of the House of Reprefentatives.
TH: JEFFERSON,
Vice-Frefident of the United States, and
Prefident of the Senate.
APPROVED-May 7th, A. D. 1800.
JOHN ADAMS,
Prefident of the United States.
CHAPTER XLVII.
An ACT making appropriations for the ſupport of
government for the year one thousand eight hun-
dred.
Sec. I. E it enacted by the Senate and Houſe of
Reprefentatives of the United States
of America, in Congress affembled, That for the
( 149 )
expenditure of the civil lift, including the con- Specific ap
tingent expenſes of the feveral departments and propriations.
officers; for the compenfation of clerks in the
feveral loan-offices, and for books and ftation-
ary for the fame; for the payment of annuities
and grants, for the fupport of the mint eſtabliſh-
ment, for the expenfes of intercourfe with fo-
reign nations, for the fupport of light-houfes,
beacons, buoys, and public piers, and for fatis-
fying certain mifcellaneous claims and expenſes;
the following fums be, and are hereby appro-
priated, that is to fay:
For the compenfation granted by law to the
Prefident and Vice-Prefident of the United
States, thirty thouſand dollars.
For the like compenfations granted to the
members of the Senate and Houſe of Reprefen-
tatives, their officers and attendants, eſtimated
for a feffion of fix months continuance, one hun-
dred and ninety thouſand one hundred and ſe-
venty-five dollars.
For the expenfe of fire-wood, ftationary,
printing, and all other contingent expenfes of
the two Houſes of Congrefs, including the fum
ftipulated to be paid in purfuance of a refolu-
tion of March fecond, one thoufand feven hun-
dred and ninety-nine, for ſupplying both Houſes
with the journals of Congrefs, twenty-one thou-
fand fix hundred and fixty-four dollars and forty
cents.
For the compenfations granted by law to the
chief-juſtice, affociate judges, diftrict judges,
and attorney-general, forty-five thousand five
hundred dollars.
For the compenfations granted by law to the
diſtrict attornies, and for defraying the expenfe
of clerks of courts, jurors and witneffes, in aid
of the fund arifing from fines, forfeitures, and
( 150 )
+3
Specific ar penalties; and likewife for defraying the ex-
propriations.
penfes of profecution for offences against the
United States, and for fafe keeping of priſoners,
thirty-three thoufand four hundred dollars.
For compenfation to the Secretary of the
Treafury, clerks and perfons employed in his
office, eleven thoufand one hundred and eighty-
nine dollars and eighty-one cents.
For expenfes of ftationary, printing, tranflat-
ing of foreign languages, allowance to perfons
employed in receiving and tranfmitting paff-
ports and fea-letters in the office of the Secre
tary of the Treafury, eight hundred dollars.
For compenfation to the Comptroller of the
"Treafury, clerks and perfons employed in his
office, twelve thoufand nine hundred and feven-
teen dollars and eight cents.
For expenſe of ftationary, printing, and all
other contingent expenfes in the Comptroller's
office, eight hundred dollars.
For compenfation to the Auditor of the Trea-
fury, clerks and perfons employed in his office,
twelve thouſand one hundred and fixty dollars
and ninety-three cents.
For expenſe of ſtationary, printing, and all
other contingent expenfes in the office of the
Auditor, feven hundred and fifty dollars.
For compenfation to the Treaſurer, clerks and
perfons employed in his office, five thoufand
nine hundred and feventeen dollars and forty-
five cents.
For expenfes of fire-wood, ftationary, print..
ing, rent, and all other contingencies in the
"Treaſurer's office, fix hundred dollars.
J
For compenfation to the Commiffioner of the
Revenue, clerks and perfons employed in his
office, fix thoufand one hundred and ninety-
three dollars and fix cents.
(151)
up-
For expenfe of ftationary, printing, and all Specific -
other contingent expenfes in the office of the proprie
Commiffioner of the Revenue, four hundred
dollars.
For compenfation to the Register of the Trea-
fury, clerks and perfons employed in his office,
fixteen thousand three hundred and forty-two
dollars and one cent.
For expenſe of ſtationary, printing, and all
other contingent expenfes in the Regifter's of
fice, (including books for the public ftocks and
for the arrangement of the marine papers) two
thouſand eight hundred dollars.
For compenfation to the Purveyor of Public
Supplies, clerks and perfons employed in his
office, two thoufand eight hundred and fiftý
dollars.
For fire-wood, ftationary, office and ftore rent
for the Purveyor, nine hundred and fixteen
dollars.
For compenfation to the Secretary of the
Commiffioners of the Sinking Fund, two hun-
dred and fifty dollars.
For the payment of rent for the feveral houfes
employed in the Treafury Department, (except
the Treaſurer's office) two thoufand feven hun-
dreſt and thirty dollars and fixty-fix cents.
For the expenfe of fire-wood and candles in
the feveral offices of the Treafury Department,
(except the Treaſurer's office) three thoufand
five hundred dollars.
For defraying the expenfe incident to the
ftating and printing the public accounts for the
year one thoufand eight hundred, (including an
increaſe of two hundred dollars in confequence
of an entenfion of the revenue and expendi
tures) one thouſand two hundred dollars.
ܡܐ
(152)
Specific ap-
propriations.
For defraying the expenfe incident to the re-
moval of the books and records of the Treaſury
Department from Philadelphia to Trenton, dur-
ing part of the fummer of the year one thou-
fand ſeven hundred and ninety-nine, including
the extra expenfes of the feveral officers, clerks
and meffengers in each office, five thoufand
dollars.
For compenfation to the feveral Loan-Offi-
cers, thirteen thousand two hundred and fifty
dollars.
For the expenfe incident to the removal of
the Loan-Office of Pennfylvania from Philadel-
phia, during part of the fummer of the year one
thoufand feven hundred and ninety-nine, in-
cluding the extra expenfes of the clerks in the
faid office, three hundred and fix dollars.
Bed
For compenfation to the clerks to the Com-
miffioners of Loans, and an allowance to certain
Loan-Officers in lieu of clerk hire, and to defray
the authorized expenfes of the feveral Loan-
Offices, fifteen thoufand dollars.
For compenfation to the Secretary of State,
clerks and perfons employed in that depart-
ment, eleven thouſand three hundred dollars.
For the incidental and contingent expenfes
in the faid department, thirteen thousand dol-
lars.
For the expenfes incident to the removal of
the Department of State from Philadelphia to
Trenton, during part of the fummer of the year
one thouſand ſeven hundred and ninety-nine,
including the extra expenſes of the Secretary
for the Department, the clerks and meffengers
therein, five hundred and eight dollars and fix-
ty cents.
For compenfation to the following officers of
the Mint :
( 153 )
The Director, two thouſand dollars:
Specific ap-
The Treafurer, one thoufand two hundred Propriation.
dollars:
The Affayer, one thouſand five hundred dol-
lars:
The Chief Coiner, one thouſand five hun-
dred dollars:
The Melter and Refiner, one thouſand five
hundred dollars:
The Engraver, one thoufand two hundred
dollars :
One Clerk at feven hundred dollars :
And two at five hundred dollars each :
One thouſand feven hundred dollars for the
wages of perfons employed at the different
branches of melting, refining, coining, carpen-
ters, mill-rights and ſmiths work, including the
fum of eight hundred dollars per annum allow-
ed to an affiftant coiner and die forger, who
alſo overfees the execution of the iron work,
feven thouſand dollars.
For the purchaſe of ironmongery, lead, wood,
coals, ftationary, office furniture, and for all
other contingencies of the eſtabliſhment of the
mint, fix thouſand three hundred dollars
For compenfation to the Secretary at War,
clerks and perfons employed in his office, eleven
thouſand one hundred and ninety dollars.
For expenſes of fire-wood, ftationary, print-
ing, rent, and other contingent expenfes in the
office of the Secretary at War, two thouſand
dollars.
For compenfation to the Accountant of the
War Department, clerks and perfons employed
in his office, ten thoufand eight hundred and
fifty dollars.
For contingent expenfes in the office of the
Accountant of the War Department, one thou-
fand dollars.
VOL. V.
*
झ
( 154 )
Specific ap-
For the expenſe incident to the removal of
propriations, the War Department from Philadelphia to Tren-
ton, during part of the fummer of the year one
thouſand ſeven hundred and ninety-nine, inclu-
ding the extra expenfes of the Secretary for the
Department, the Accountant, the Paymafter-
General, the Quartermaster-General, the keeper
of military ſtores, clerks and meſſengers in each
office, four thouſand four hundred and twenty-
fix dollars and fifty-fix cents.
For compenfation to the Secretary of the Na-
vy, clerks and perfons employed in his office,
including deficiencies in former appropriations
for clerk hire, nine thoufand one hundred and
fifty-two dollars and twenty-five cents.
For the expenfe of fire-wood, ftationary,
printing, rent, and other contingencies in the
office of the Secretary of the Navy, three thou-
fand three hundred dollars.
For compenfation to the Accountant of the
Navy, clerks and perfons employed in his office,
nine thouſand two hundred and fifty dollars.
For contingent expenfes in the office of the
Accountant of the Navy, feven hundred and
fifty dollars.
For expenſe of removing the Department of
the Navy from Philadelphia to Trenton, during
part of the fummer of the year one thoufand
feven hundred and ninety-nine, includi g the
extra expenſes of the Secretary for the Depart-
ment, the Accountant, clerks and meffengers
in each office, one thoufand two hundred and
fifty-four dollars and fifty-nine cents.
For compenfation to the Surveyor-General,
two thousand dollars-
For compenfation to the affiftant furveyors,
chain carriers, axe men and other perſons em-
ployed, ftationary and other contingent ex-
( 155 ).
penfes in the Surveyor-General's Department, Specific ap-
(in addition to former appropriations) two thou-
fand dollars.
propriations.
For compenfation to the governor, judges,
and ſecretary of the territory northweft of the
river Ohio, five thoufand one hundred and fifty
dollars.
For expenfes of ftationary, printing patents.
for land, office rent, and other contingent ex-
penfes in the faid territory, three hundred and
fifty dollars.
For compenfation to the governor, judges,
and fecretary of the Miffiffippi territory, five
thou and one hundred and fifty dollars.
For expenfes of ftationary, office rent, and,
other contingent expenfes in the faid territory,
three hundred and fifty dollars.
For compenfation to the Poſtmaſter-General,
Affiftant Poftmafter-General, clerks, and per-
fons employed in the Poftmafter-General's of-
fic, nine thouſand three hundred dollars.
For expenfe of fire-wood, ſtationary, printing,
rent, and other contingent expenfes in the office
of the Poſtmaſter-General, and for the expenſe
incident to the removal of the general poſt-office
from Philadelphia to Trenton during part of the
fummer of the year one thouſand feven hundred
and ninety-nine, including the extra expenfes of
the Poſtmaſter-General, his affiftant, and clerks;
with expenfes incurred by the Poſtmaſter at
Philadelphia, by a removal of his office to a
more healthy part of the city, and of his increa-
fel expenſes in attending to the duties of his
office in the years one thoufand ſeven hundred
and ninety-three, one thoufand feven hundred
and ninety-leven, one thouſand feven hundred
and ninety-eight, and one thoufand ſeven hun-
dred and ninety-nine, four thoufand and eighty-
one dollars and forty-nine cents,
1
A
( 156 )
Specific ap-
propriations.
For the diſcharge of fuch mifcellaneous de-
mands againſt the United States on account of
the civil department, not otherwiſe provided
for, as fhall have been admitted in a due courfe
of fettlement at the Treafury, and which are of
a nature according to the ufage thereof to re-
quire payment in fpecie, two thouſand dollars.
For the payment of fundry penfions granted
by the late government, nine hundred fifty-three
dollars and thirty-three cents.
For the maintenance and fupport of light-
houſes, beacons, buoys, and public piers and
ſtakeage of channels, bars, and fhoals, and for
occafional improvement in the conftruction of
lanterns and lamps, and materials ufed therein,
and to make good deficiencies in former appro-
priations occafioned by the increaſed number of
light-houſes, thirty-nine thoufand three hun-
dred and ninety-two dollars and three cents.
For repairing Charleſton light-houſe, five
thouſand nine hundred and fifty dollars.
For erecting a light-houfe on Old Point Com-
fort (in addition to former appropriations) one
thouſand five hundred dollars.
For re-building, altering, and improving the
light-houfe at New-London, fifteen thoufand
feven hundred dollars.
For the payment of contracts entered into.
for building of a light-houſe on Cape Hatteras,
and a beacon on Shell Caſtle iſland, (the balance
of former appropriations being carried to the
credit of the ſurplus fund) thirty-five thouſand
fix hundred and ninety-eight dollars.
For the payment of balances which may be
found due to individuals, in confequence of fet-
tlements at the Treaſury, purſuant to the act
of Congrefs paffed on the twelfth day of June,
one thouſand feven hundred and ninety-eight,
( 157 )
intituled, "An act refpecting loan-office and Specific ap-
final fettlement certificates," &c. twenty-five propriatoins.
thouſand dollars.
For defraying the expenfes of printing, with
devices, the ſubſcription certificates, and iffuing
the fame to the fubfcribers to the loan of five
millions of dollars, coft of paper; alfo, the in-
cidental expenfes of faid loan in its operation
at the bank of the United States; and likewife
for printing certificates of the eight per cent
flock for the Treaſury, and the feveral Loan-
Offices, including the coſt of paper, and other
incidental expenfes of funding this flock, five
thousand dollars.
For the diſcharge of fuch mifcellaneous de-
mands againſt the United States, not otherwiſe
provided for, as fhall have been admitted in a
due courſe of fettlement at the Treafury, and
which are of a nature according to the ufage
thereof, to require payment in fpecie, four thou-
fand dollars.
For the expenfes of intercourfe with foreign
nations during the preſent year, in addition to
the fum of forty thousand dollars appropriated
by law for that purpofe, the fum of fifty-two
thousand dollars.
For further expenfes in carrying into effect
the fixth article of the treaty of amity, com-
merce and navigation between the United States
and Great-Britain, including the expenfes au-
thorized by the act, intituled, "An act direct-
ing the appointment of agents in relation to the
fixth article of the treaty of amity, commerce,
and navigation between the United States and
Great-Britain," fifty-two thouſand five hundred
and fifty-fix dollars.
For the falaries of the commiflioners under
the feventh article of the faid treaty, including
( 158 )
propriations.
Specific ap- the contingent expenſes, fixteen thoufand four
hundred and forty-four dollars.
For the falaries, clerk hire, office rent, and
other contingencies of the two agents refiding
in England on bufinefs relative to the faid ie-
venth article, nine thousand dollars.
L
For further expenfes in carrying into effect
the treaty of amity, navigation, and limits, be-
tween the United States and Spain, twenty thou-
fand dollars.
For the difference between the coft of the fti-
pulated articles in the annuity to the Dey and
Regency of Algiers, and the permanent appro-
priation therefor, fifty-fix thoufand dollars.
For defraying the expenfes incident to the
valuation of lands and houfes, and enumeration
of flaves, within the United States, as directed
by the act of July the ninth, one thouſand ſeven
hundred and ninety-eight, in addition to the
fum appropriated by that act, two hundred and
fifteen thousand dollars.
appropri
ations fhall
be paid.
Sec. 2. And be it further enacted, That the fe-
How thefe veral appropriations herein before made fhall
be paid and difcharged out of the fund of fix
hundred thouſand dollars referved by the act
"making provifion for the debt of the United
States," and out of any money which may be
in the Treafury not otherwife appropriated.
THEODORE SEDGWICK,
Speaker of the Houje of Reprefentatives.
TH: JEFFERSON,
Vice-Prefident of the United States, and
Prefident of the Senate.
APPROVED-May 7th, A. D. 1800.
JOHN ADAMS,
Prefident of the United States.
( 159 )
CHAPTER XLVNI.
An ACT making appropriations for the military
establishment of the United States, in the year
one thouſand eight hundred.
Sec. 1. DE it enacted by the Senate and Houſe of
Repreſentatives of the United States
propriations.
B
of America, in C ngrefs affembled, That for de- Specific ap-
fraying the expenfes of the military eſtabliſh-
ment of the United States, for the year one
thoufand eight hundred, the pay and fubfiftence
of the officers and men, bounties and premiums,
the cloathing, hoſpital, ordnance, quarter-maf-
ters and Indian departments, the defenfive pro-
tection of the frontiers, the contingent expen-
fes of the war department, for the fabrication
of cannon and arms,
arms, and pu
chaſe of ammuni-
tion, and for the payment of military penfions,
the fum of three millions forty-two thouſand
five hundred and feventy-fix dollars and thirty-
five cents be, and is hereby appropriated; that
is to fay,
For the pay of the army of the United States,
one million eighteen thoufand fix hundred and
twenty dollars.
For the fubfiftence of the army, feven hun-
dred and eighty-feven thouſand feven hundred
and eighty-fix dollars and thirty-five cents.
For forage, the fum of thirty-fix thouſand
fix hundred and feventy-two dollars.
For horfes to replace thofe which may die,
or become unfit for fervice, the fum of five
thousand dollars.
•
For cloathing, the fum of two hundred and
fifty-feven thouſand nine hundred and fifty-five
dollars.
For bounties and premiums, the fum of four-
teen thousand dollars.
(160)
Specific ap-
propriations.
For the hofpital department the fum of fifty-
one thousand dollars.
For the ordnance department, the fum of
one hundred and thirteen thousand five hun-
dred and twenty-two dollars.
For the quarter-mafters department, the fum
of five hundred and twenty-eight thouſand and
fixty-five dollars.
For paying annuities to the following nations
of Indians, in purfuance of treaties: To the
Six Nations, Cherokees, Chickafaws and Creeks,
the fum of fifteen thoufand dollars.
For promoting civilization among the Indian
tribes, and pay of temporary agents, the fum
of fifteen thousand dollars.
For expenfe attending the running of the line
of demarkation between the Indian territory of
the United States, including the pay of com-
miffioners, furveyors and affiftants, the fum of
four thousand dollars.
For the defenfive protection of the frontiers.
of the United States, including the erection and
repairs of forts and fortifications, the fum of
fixty thousand dollars.
For lofs of ftores, allowances to officers on
being ordered to diftant commands, and for
pecial purpo.es; advertifing and apprehending
deferters, printing, purchafing maps, and other
contingencies, the fum of forty thouſand dol-
T
lars.
For the annual allowance to the invalids of
the United States, for their penfions from the
fifth of March one thouſand eight hundred, to
the fourth of March one thoufand eight hun-
dred and one, the fum of ninety-three thoufand
dollars.
Sec. 2. And be it further enacted, That for the
fabrication of cannon and arms, and the pur-
chafe of ammunition for the army and navy,
-
(161)
and for the militia of the United States, in ad-
dition the fums unexpended of the appropria-
tions made by the acts of Congreſs of the fourth
of May and firſt of July ſeventeen hundred and
ninety-eight, the fum of two hundred and fixty
thousand dollars fhall be, and hereby is appro-
priated.
ations fhall
Sec. 3. And be it further enacted, That the How thefe
foregoing appropriations fhall be paid out of propri
any monies in the Treaſury of the United States, be paid.
not otherwife appropriated.
THEODORE SEDGWICK,
Speaker of the House of Reprefentatives.
TH: JEFFERSON,
Vice-President of the United States, and
Prefident of the Senate.
APPROVED-May 10th, A. D. 1800.
JOHN ADAMS,
Prefident of the United States.
CHAPTER XLIX.
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, intituled, " An
act to regulate the collection of duties on imports
and tonnage."
B
Diftrict of
E it enacted by the Senate and Houſe o
Repreſentatives of the United States of
America, in Congress affembled, That from and
after the thirtieth day of June next, the towns Kennebunk.
of Wells and Arundel, in the ſtate of Maffachu-
fetts, and all the fhores and waters thereof, fhall
be a diſtrict, to be called the diſtrict of Kenne-
bunk, of which the port of Kennebunk ſhall be
the ſole port of entry; and the ports of Wells
and Cape Porpoife fhall be ports of delivery on-
VOL. V.
X
Sec. 1.
( 162 )
Certain
veffels may
unlade at
Edgecomb
and New-
caftle.
Lyme an-
nexed to
New-Lon-
don.
ly, and a collector for the district fhall be ap-
pointed to refide at Kennebunk.
Sec. 2. And be it further enacted, That fhips
and veffels owned in whole or in part in the
towns of Edgecomb and Newcaſtle, in the dif-
trict of Maine, having entered in due form of
law at the port of Wifcaffet, and taken on board
an officer, ſhall be permitted to unlade in the
parts of the faid towns which adjoin Sheepfcut
river.
Sec. 3. And be it further enacted, That from
and after the thirtieth day of June next, the
town of Lyme, in the ſtate of Connecticut, and
the fhores and waters thereof, fhall be annexed
as a port of delivery only to the diftrict of New-
London, and all veffels bound to or from the
faid port of Lyme, fhall firft come to, enter,
and clear at the faid port of New-London: Pro-
vided however, That the furveyor appointed to
refide at Saybrook fhall be authorized to vifit
and infpect fhips or veffels arriving at ſaid port.
of Lyme, and generally to perform the duties
of a furveyor, as may be requifite within faid
port.
of the dif
trict of
Bermuda
- Hundred
and City
Point.
Sec. 4. And be it further enacted, That from
Alteration and after the thirtieth day of June next, the
diftrict of Bermuda Hundred and City Point,
as at preſent conſtituted in the ſtate of Virginia,
fhall be called the diftrict of Petersburg, to com-
prehend Peterſburg, City Point, and all the wa-
ters, fhores, bays, harbors, and inlets of James
River, from Hood's and the junction of Chica-
homing to the junction of the James and Appa-
mattox rivers, and from thence to the higheſt
tide-water of Appamattox, and alſo the Chica-
homing to its higheſt tide-water mark; and the
port for the faid diſtrict ſhall extend from Pe-
terſburg to City Point. And another diſtrict
( 163 )
formed.
hall be formed to be called the diftrict of Rich- New diftrict
mond, to comprehend Richmond, and Man-
chefter, and Bermuda Hundred, and all the wa-
ters, ſhores, bays, harbors, and inlets of James
river from Bermuda Hundred, including the
harbor thereof, to the higheft tide-water of
James river; and the port fhall extend from
Richmond and Manchefter to Bermuda Hun-
dred. The office of collector for the diftrict of
Peterſburg fhall be kept in the town of Peterf
burg; and a collector fhall be appointed for
the Richmond diſtrict, whofe office fhall be kept
in the city of Richmond; and the furveyors
within thoſe two diftricts fhall continue to re-
fide at the places at prefent eſtabliſhed by law.
to the col-
veffels bound
Sec. 5. And be it further enacted, That the Manifefts to
maſter of any ſhip or veffel, bound to any diftrict be delivered
of James River above Sewal's Point, fhall, be- lector of
fore he paſs by the faid Point, and immediately Norfolk, by
after his arrival either at the fame or at Hamp-up James
ton Road, depofit with the collector of the port river, &c.
of Norfolk and Portſmouth, or of Hampton, a
true manifeſt of the cargo on board fuch fhip
or veffel; and the faid collector fhall, after re-
giftering the manifeft, tranfmit the fame duly
certified to have been ſo depoſited, to the officer
with whom the entries are to be made: And
the faid collector may, whenever he fhall judge
it to be neceffary for the fecurity of the reve-
nue, put an infpector of the customs on board
any ſuch fhip or veffel, to accompany the fame
until her arrival at the firft port of entry or de-
livery, in the diſtrict, to which fuch fhip or vef-
fel may be deſtined: And if the mafter or com-
mander of any fuch fhip or veffel fhall neglect
or omit to depofit a manifeft in manner as afore-
faid, or fhall refufe to receive an infpector of
the cuſtoms on board, as the cafe fhall require,
A
8
( 164 )
Repeal of
part of the
former act.
Organiza-
tion of a
general
affembly in
the Mifi-
flippi terri-
tory.
he fhall forfeit and pay five hundred dollars, to
be recovered with cofts of fuit, one half for the
ufe of the officer with whom fuch manifeft
ought to have been depofited, and the other
half to the ufe of the collector of the district
to which the faid fhip or veffel may be bound.
Sec. 6. And be it further enacted, That fuch
part and fo much of the act, intituled, " An act
to regulate the collection of duties on imports
and tonnage," as comes within the purview of
this act, being contrary hereto, fhall be and
hereby is repealed.
THEODORE SEDGWICK,
Speaker of the House of Reprefentatives.
TH: JEFFERSON,
Vice-President of the United States, and
Prefident of the Senate.
APPROVED-May 10th, A. D. 1800.
JOHN ADAMS,
Prefident of the United States.
CHAPTER L.
« An.
An ACT fupplemental to the act, intituled,
act for an amicable fettlement of limits with the
State of Georgia; and authorizing the establish-
ment of a government in the Miffiffippi terri-
tory."
Sec. I.
BE
E it enacted by the Senate and Houfe
of Reprefentatives of the United States
of America, in Congress affembled, That fo much.
of the ordinance of Congreſs of the thirteenth
of July, one thouſand ſeven hundred and eigh-
ty-feven, and of the act of Congrefs of the fe-
venth of Auguſt, one thouſand feven hundred
and eighty-nine, providing for the government
of the territory of the United States northweſt
of the river Ohio, as relates to the organiza-
( 165 )
zation of a General Affembly therein, and pre
fcribes the powers thereof, fhall forthwith ope
rate, and be in force in the Miffiffippi territory:
Provided, That until the number of free male
inhabitants of full age, in the faid territory fhall
amount to five thoufand, there fhall not be re-
turned to the General Affembly more than nine
repreſentatives.
Sec. 2. And be it further enacted, That until
the number of free male inhabitants of full age
in the Miffiffippi territory fhall amount to five
thoufand, the county of Adams fhall be entitled
to chufe four reprefentatives to the General Af
fembly, the county of Pickering four, and the
Tenfaw and Tombigbee fettlements, one.
Sec. 3. And be it further enacted, That the firft
election, for reprefentatives to the General Af-
ſembly, fhall be on the fourth Monday in July
next, and that all fubfequent elections fhall be
regulated by the legiflature.
Sec. 4. And be it further enacted, That it fhall
be the duty of the Governor of the Mififlippi
territory, to caufe the faid election to be holden
on the day aforefaid, at the moft convenient
place in the counties and fettlements aforefaid,
and to nominate a proper officer or officers to
prefide at and conduct the fame, and to return
to him the names of the perfons who may have
been duly elected.
A
Sec. 5. And be it further enacted, That the re-
preſentatives fhall be convened by the governor
at the town of Natchez, on the fourth Monday
in September next.
Sec. 6. And be it further enacted, That ſo foon
as the number of free male inhabitants of full
age fhall amount to, or exceed five thouſand,
the number of reprefentatives to the General
}
→
( 166 )
Saving of
the rights of
Georgia and
of all per-
fons.
}
Affembly fhall be determined, and the appor
tionment made in the way preſcribed in the
ordinance.
Adjourn-
ment there
of.
Sec. 7. And be it further enacted, That nothing
in this act fhall in any refpect impair the right
of the ftate of Georgia to the jurifdiction, or of
the faid ftate, or of any perfon or perfons to the
foil of the faid territory, but the rights and
claims of the faid ftate, and all perfons intereſt-
ed, are hereby declared to be as firm and avail-
able as if this act had never been made.
Time of
Sec. 8. And be it further enacted, That the
General Affembly fhall meet at leaſt once in
meeting of every year, and fuch meeting fhall be on the
the general firft Monday of December, unleſs they fhall by
law appoint a different day: Provided, That
the governor fhall have power on extraordinary
occafions to convene the General Affembly.
Sec. 9. And be it further enacted, That neither
Houfe during the feffion of the General Affem-
bly fhall, without the confent of the other, ad-
journ for more than three days, nor to any other
place than that in which the two Houfes fhall
be fitting.
The com-
the U. S.
Sec. 10. And be it further enacted, That it
fhall be lawful for the commiffioners appointed,
miffioners of or who may hereafter be appointed on the part
may finally of the United States, in purſuance of the act, in--
fettle with tituled, "An act for an amicable fettlement of
Georgia by
compromife. limits with the ftate of Georgia; and authoriz
ing the eſtabliſhment of a government in the
Miffiffippi territory," or any two of them, final-
ly to fettle by compromiſe with the Commiffi
oners, which have been or may be appointed by
the ſtate of Georgia, any claims mentioned in
faid act, and to receive in behalf of the United
States a ceffion of any lands therein mentioned,
( 167 )
enquire into
or of the juriſdiction thereof, on fuch terms as They may
to them fhall appear reaſonable: And alfo, that the claims of
the faid Commiffioners on the part of the individuals.
United States, or any two of them, be autho-
rized to enquire into the claims which are or
fhall be made by fettlers or any other perfons
whatſoever, to any part of the aforefaid lands,
and to receive from fuch fettlers and claimants
any propofitions of compromife which may be
made by them, and lay a full ftatement of the
claims and the propofitions which may be made to
them by the fettlers or claimants to any part
of the faid lands, together with their opinion
thereon, before Congrefs, for their decifion
thereon, as ſoon as may be: Provided, That Provifoes.
the fettlement fhall be made and completed be-
fore the fourth day of March, one thoufand
eight hundred and three: And provided alfo,
That the faid Commiffioners fhall not contract
for the payment of any money from the Trea-
fury of the United States to the ftate of Geor-
gia, other than the proceeds of the fame lands.
THEODORE SEDGWICK,
Speaker of the House of Reprefentatives.
TH: JEFFERSON,
Vice-President of the United States, and
Prefident of the Senate.
APPROVED-May 10th, A. D. 1800.
JOHN ADAMS,
Prefident of the United States.
CHAPTER LI.
An ACT in addition to the act, intituled, "An
act to prohibit the carrying on the flave trade
from the United States to any foreign place or
country.
Sec. I.
""
E it enacted by the Senate and Houfe of
Repreſentatives of the United States
of America, in Congress affembled, That it fhall be
BE
( 168 )
Citizens
having an
intereft in
veffels em-
ployed in
the flave
trade.
Penalty on unlawful for any citizen of the United States,
or other perfon refiding within the United
States, directly or indirectly to hold or have
any right or property in any veffel employed or
made uſe of in the tranſportation or carrying
of flaves from one foreign country or place to
another, and any right or property, belonging
as aforefaid, fhall be forfeited, and may be li-
belled and condemned for the ufe of the perfon,
who fhall fue for the fame; and fuch perfon,
tranfgreffing the prohibition aforefaid, fhall al-
fo forfeit and pay a fum of money equal to dou-
ble the value of the right or property in fuch
veffel, which he held as aforefaid; and fhall alfo
forfeit a fum of money equal to double the va-
lue of the intereft which he may have had in the
flaves, which at any time may have been tranf-
ported or carried in fuch veffel, after the paffing
of this act, and againſt the form thereof.
Sec. 2. And be it further enacted, That it ſhall
be unlawful for any citizen of the United States,
or other perfon refiding therein, to ferve on
board any veffel of the United States employed
or made uſe of in the tranſportation or carry-
ing of flaves from one foreign country or place
to another; and any fuch citizen or other per-
fon, voluntarily ferving as aforefaid, fhall be li-
able to be indicted therefor, and on conviction
thereof, fhall be liable to a fine not exceeding
two thouſand dollars, and be impriſoned not
exceeding two years.
Sec. 3. And be it further enacted, That if any
citizen of the United States fhall voluntarily
ſerve on board of any foreign fhip or veſſel,
which fhall hereafter be employed in the flave
trade, he fhall on conviction thereof be liable
to, and ſuffer the like forfeitures, pains, difa-
bilities and penalties as he would have incur-
Penalty on
citizens
ferving in
fach veffels.
:
(169)
·
red, had fuch fhip or veffel been owned or em-
ployed, in whole or in part, by any perſon or
perfons refiding within the United States.
Commiffi-
V
thorized
to feize
mer act.
Sec. 4. And be it further enacted, That it fhall
be lawful for any of the commiffioned veffels of
the United States, to ſeize and take any veffel oned vef-
employed in carrying on trade, buſineſs, or fels au-
traffic, contrary to the true intent and meaning
of this or the faid act to which this is in addi- veffels
tion; and fuch veffel, together with her tackle, contrave-
apparel and guns, and the goods or effects, other ning this
than ſlaves, which ſhall be found on board, fhall or the for-
be forfeited, and may be proceeded againſt in
any of the diſtrict or circuit courts, and fhall
be condemned for the uſe of the officers and
crew of the veffel making the feizure, and be
divided in the proportion directed in the cafe
of prize: And all perfons intereſted in ſuch vef-
fel, or in the enterprize or voyage in which
fuch veſſel ſhall be employed at the time of fuch
capture, fhall be precluded from all right or
claim to the flaves found on board fuch veffel
as aforefaid, and from all damages or retribu-
tion on account thereof: And it fhall moreover
be the duty of the commanders of fuch com-
miffioned veffels, to apprehend and take into
cuftody every perſon found on board of fuch
veffel fo ſeized and taken, being of the officers
or crew thereof, and him or them convey as
foon as conveniently may be, to the civil au-
thority of the United States in fome one of the
diftricts thereof, to be proceeded againft in due
courſe of law.
circuit
Sec. 5. And be it further enacled, That the District &
diftrict and circuit courts of the United States
fhall have cognizance of all acts and offences have jurif
against the prohibitions herein contained.
court to
diction of
offences.
VOL. V.
Τ
st
( 170 )
Conftruc-
tion of
Sec. 6. Provided nevertheleſs, and be it fur-
ther enacted, That nothing in this act contained
the act. fhall be conſtrued to authorize the bringing
into either of the United States, any perfon or
perfons, the importation of whom is, by the
exifting laws of ſuch ſtate, prohibited.
nalties.
Sec. 7. And be it further enacted, That the for-
Diftribu- feitures which ſhall hereafter be incurred under
tion of pe- this, or the faid act to which this is in addi-
tion, not otherwiſe diſpoſe of, ſhall accrue and
be one moiety thereof to the ufe of the infor-
mer, and the other moiety to the ufe of the Uni-
ted States, except where the profecution fhall
be first instituted on behalf of the United States,
in which cafe the whole fhall be to their uſe.
THEODORE SEDGWICK,
Speaker of the House of Reprefentatives.
TH JEFFERSON,
Vice-Prefident of the United States, and
Prefident of the Senate.
APPROVED-May 10th, A. D. 1800.
JOHN ADAMS,
Prefident of the United States.
CHAPTER
LII.
An ACT for the relief of Ithamar Canfield.
BE
E it enacted by the Senate and Houfe of Re-
prefentatives of the United States of Ame-
rica, in Congress affembled, That the proper
officer be, and he is hereby authorized and di-
rected to iſſue three land warrants, of one hun-
dred acres each, to Ithamar Canfield, affignee
to Eliphalet Tomlinfon, Jabez Tomlinſon, and
Abraham Shelly, who ferved the United States
as foldiers, during the revolutionary war, and
became entitled to the faid lands by virtue of a
( 171 )
refolution of Congrefs: Provided, the transfers
and powers of attorney are made out purſuant
to the rules in ſuch caſes eſtabliſhed at the war
office.
THEODORE SEDGWICK,
Speaker of the House of Reprefentatives.
TH: JEFFERSON,
Vice-President of the United States, and
Prefident of the Senate.
APPROVED-May 10, A. D. 1800.
JOHN ADAMS,
Prefident of the United States.
CHAPTER LIII.
An ACT to provide for equalizing the valuations
of unfeated lands.
Sec. 1. Bef Representatives of the United States
E it enacted by the Senate and Houfe
of
of America, in Congress affembled, That the
commithioners appointed under the act, intitu-
led "An act to provide for the valuation of
lands and dwelling houſes and the enumeration
of flaves within the United States," in thoſe
itates the valuations and enumerations whereof
are not yet clofed and returned to the Treafury
department, fhall be, and hereby are authorized
and empowered on examination and confidera-
tion, at fome general meeting to be convened
purſuant to law, of the lifts, returns, valuations
and abftracts rendered to them by the affeffors
within their reſpective ſtates, to revife the va-
luations of unfeated lands in each and every
affeffment diſtrict of their reſpective ſtates, and
in each and every fub-divifion of fuch diftricts
refpectively, and to vary and adjuſt the faid
valuations by adding thereto, or deducting
therefrom fuch rate per centum as to them fhall
( 172 )
appear just and reaſonable: Provided always,
That the relative valuations of different tracts
of unfeated land in the fame fub-divifion fhall
not be changed or affected.
Sec. 2. And be it further enacted, That the
faid commiffioners may direct the deductions
and additions aforefaid to be made out and
completed by the principal affeffors of the afore-
faid affeffment diftricts refpectively, or, if they
fhall deem it more proper, by their own clerk
and by fuch affiftants as they fhall find necef-
fary and appoint for that purpoſe: Provided
always, that the compenfation to be made to
the faid affiftants fhall not exceed the pay al-
lowed to the affiftant affeffors by the act afore-
faid.
THEODORE SEDGWICK,
Speaker of the House of Reprefentatives.
TH: JEFFERSON,
Vice-Prefident of the United States, and
Prefident of the Senate.
APPROVED-May 10, A. D. 1800.
JOHN ADAMS,
Prefident of the United States.
CHAPTER LIV.
An ACT Supplementary to an act, intituled " An
act to establish the compenfation of the officers
employed in the collection of the duties on impoft
and tonnage."
Sec. 1. E it enacted by the Senate and Houſe
of Repreſentatives of the United States
of America, in Congress affembled, That from
and after the thirtieth day of June next, there
fhall be allowed and paid annually, to and for
the uſe of the feveral collectors and furveyors
collectors. appointed, and to be appointed purſuant to law,
Allow-
ance to
certain
( 173 )
and employed in the collection of the duties of
imports and tonnage, in the diſtricts hereinafter-
mentioned, in addition to their fees and emo-
luments otherwiſe allowed by law, the fums
following refpectively; that is to fay: To the
collectors of Paffamaquody, Waldoborough,
and St. Mary's, two hundred and fifty dollars
each: To the collectors of Machias, Great Egg
Harbour, Little Egg Harbour, Perth Amboy,
Bridgetown, Sunbury and Georgetown in Ma-
ryland, one hundred dollars each; and to the
collectors of Sagg Harbour, Brunſwick in Geor-
gia, and Dumfries, fifty dollars each: To the
furveyors of Bermuda Hundred, one hundred
and fifty dollars; and to the furveyors of New-
port, Providence, Port Royal, Alexandria and
Saybrook, one hundred dollars each.
-
•
collector
Sec. 2. And be it further enacted, That in
lieu of the commiffions heretofore, allowed by Commif-
law, there fhall, from and after the thirtieth day fions to
of June next, be allowed to the collectors for certain
the districts of Alexandria, Peterſburgh and
Richmond reſpectively, two and an half per
centum, on all monies which fhall be collected
and received by them: To the collector for
the diftrict of Bofton and Charleſtown, and to
the collectors of Baltimore and Philadelphia,
three-eights of one per centum : To the col-
lectors of Charleston, South-Carolina, Salem
and Norfolk and Portfmouth, three-quarters of
one per centum: To the collector of the dif
trict of Portland, one per centum, for and on
account of the duties arifing on goods, wares
and merchandize imported into the United
States, and on the tonnage of fhips and veffels. Certain
Sec. 3. And be it further enacted, That it fhall collectors
be the duty of the collectors of the feveral dif- to depofit
tricts of Philadelphia, New-York, Boſton, Bal- bank for
timore, Norfolk and Charlefton, and they are collection
bonds in
( 174 )
hereby reſpectively directed to depoſit for col-
lection in the bank of the United States, or at
an office of diſcount and depofit of the faid
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 faid banks the commiffions aforefaid are to
be allowed the faid collectors in like manner
as if received by them.
THEODORE SEDGWICK,
Speaker of the House of Reprefentatives.
TH: JEFFERSON,
20
Vice-President of the United States, and
Prefident of the Senate.
APPROVED-May 10, A. D. 1800.
JOHN ADAMS,
Prefident of the United States.
CHAPTER LV.
An ACT to amend the act, intituled "An act
providing for the fale of the lands of the United
States, in the territory north-west of the Ohio,
and above the mouth of Kentucky river."
under the
Sec. 1. E it enacted by the Senate and Houſe of
Repreſentatives of the United States of
America, in Congress affembled, That for the dif-
Four land pofal of the lands of the United States, directed
ofices ef- to be fold by the act, intituled "An act pro-
tablished, viding for the fale of the lands of the United
direction States, in the territory north-weft of the Ohio,
of Regif- and above the mouth of Kentucky river,"
there fhall be four land-offices eftabliſhed in the
faid territory: One at Cincinnati, for lands be-
low the Little Miami, which have not heretofore
been granted; one at Chilicothe, for lands eaſt
of the Sciota, fouth of the lands appropriated
ters.
""
(175)
for fatisfying military bounties to the late army
of the United States, and weft of the fifteenth -
range of townfhips; one at Marietta, for the
lands eaft of the fixteenth range of townships,
fouth of the before-mentioned military lands,
and fouth of a line drawn due weft from the
north-west corner of the first township of the
ſecond range, to the faid military lands; and
one at Steubenville, for the lands north of the
laft mentioned line, and eaft or north of the
faid military lands: Each of the faid 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 con-
fent of the Senate, and fhall give bond to the
United States, with approved fecurity, in the
fum of ten thousand dollars, for the faithful
diſcharge of the duties of his office; and fhall
refide at the place where the land-office is di-
rected to be kept.
to tranf-
Sec. 2. And be it further enacted, That it fhall
be the duty of the Surveyor-General, and he is Surveyor
hereby exprefsly enjoined, to prepare and tranf- General
mit to the Regiſters of the feveral land-offices, mit cer-
before the days herein appointed for commenc- tain plats.
ing fales, general plats of the lands hereby di-
rected to be fold at the faid offices refpectively,
and alfo to forward copies of each of the faid
plats to the Secretary of the Treafury.
tain lines
to be run
Sec. 3. And be it further enafled, That the
Surveyor-General fhall cauſe the townſhips weft He ſhali
of the Muſkingum, which by the above-menti- caufe cer-
oned act are directed to be fold in quarter town-
fhips, to be fub-divided into half fections of three and mark-
hundred and twenty acres each, as nearly as ed.
may be, by running parallel lines through the
fame from east to west, and from fouth to north,
(176)
:
at the distance of one mile from each other, and
marking corners, at the diſtance of each half
mile on the lines running from east to west, and
at the diſtance of each mile on thoſe running
from fouth to north, and making the marks,
notes, and defcriptions, preſcribed to furveyors
by the above-mentioned act: And the interior
lines of townships interfected by the Muſkin-
gum, and of all the townships lying eaft of that
river, which have not been heretofore actually
fub-divided into fections, fhall alfo be run and
marked in the manner preſcribed by the faid act,
for running and marking the interior lines of
townſhips directed to be fold in ſections of fix
hundred and forty acres each: And in all cafes
where the exterior lines of the townſhips, thus
to be fub-divided into fections or half fections,
thall exceed or ſhall not extend fix miles, the
excefs or deficiency fhall be fpecially noted,
and added to or deducted from the weſtern and
northern ranges of fections or half fections in
fuch township, according as the error may be
in running the lines from eaſt to weſt, or from
fouth to north; the fections and half fections
bounded on the northern and weftern lines of
fuch town.fhips fhall be fold as containing only
the quantity expreffed in the returns and plats
refpectively, and all others as containing the
complete legal quantity: And the Prefident of
the United States fhall fix the compenfation of
the deputy-furveyors, chain-carriers, and axe-
men: Provided, the whole expenſe of furvey-
ing and marking the lines, fhall not exceed
three dollars, for every mile that ſhall be ac-
tually run, furveyed and marked.
Sec. 4. And be it further enaced, That the
lands thus fub-divided (excluding the fections
referved by the above-mentioned act) ſhall be
( 177 )
lands to
be fold.
offered for fale in fections and half fections, fub- Certain
divided as before directed at the following places
and times, that is to fay; thoſe below the Little
Miami fhall be offered at public vendue, in the
town of Cincinnati, on the firſt Monday of April
one thoufand eight hundred and one, under the
direction of the Regiſter of the land-office there
eſtabliſhed, and of either the Governor or Se-
cretary of the north-western territory: The lands
eaſt of Sciota, ſouth of the military lands, and
weſt of the fifteenth range of townſhips, fhall be
offered in like manner for ſale at Chilicothe, on
the firſt Monday of May, one thoufand eight hun-
dred and one, under the direction of the Regiſ
ter of the land-office there eſtabliſhed, and of
either the Governor or Secretary of the faid ter-
ritory: The lands eaft of the fixteenth range of
townships, fouth of the military lands and weft
of the Muskingum, including all the townfhips
interfected by that river, fhall be offered for fale
in like manner at Marietta, on the laſt Monday
of May, one thoufand eight hundred and one,
under the direction of the Governor or Secre-
tary, or Surveyor-General of the faid territory.
The fales fhall remain open at each place for
three weeks and no longer. The fuperinten-
dants fhall obferve the rules and regulations of
the above-mentioned act, in claffing and felling
fractional with entire fections, and in keeping
and tranſmitting accounts of the fales. All lands,
remaining unfold, at the clofing of either of the
public fales, may be diſpoſed of at private fale
by the Regiſters of theſe reſpective land-offices,
in the manner herein after prefcribed; and the
Regiſter of the land-office at Steubenville, after
the firſt day of July next, may proceed to fell at
private fale, the lands fituate within the diftrict
affigned to his direction as herein before de-
fcribed, difpofing of the fame in fections, and
VOL. V.
Za
( 178 )
claffing fractional with entire fections, accord-
ing to the provifions and regulations of the
above-mentioned act and of this act: And the
Regiſter of the land-office at Marietta, after the
faid first day of July next, may proceed to fell
at private fale, any of the lands within the dif-
trict affigned to his direction as aforeſaid, which
are eaft of the river Mufkingum, excluding the
townſhips interfected by that river, difpofing of
the fame in ſections, and claffing fractional with
entire fections as aforefaid.
price, and
Sec. 5. And be it further enacted, That no lands
Limita- fhall be fold by virtue of this act, at either public
tion of the or private fale, for leſs than two dollars per acre,
mode of and payment may be made for the fame by all
purchate purchafers, either in fpecie, or in evidences of
and pay- 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 pub-
lic debt in payment for the lands of the United
States;" and fhall be made in the following
manner, and under the following conditions,
to wit:
ment.
1. At the time of purchaſe, every purchaſer
fhall, exclufively of the fees hereafter-mention-
ed, pay fix dollars for every ſection, and three
dollars for every half fection, he may have pur-
chafed, for furveying expenfes, and depofit one-
twentieth part of the amount of the purchaſe
money, to be forfeited, if within forty days one-
fourth part of the purchaſe money, including
the faid twentieth part, is not paid.
2. One-fourth part of the purchaſe money
fhall be paid within forty days after the day of
fale as aforefaid; 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. Intereft, at the rate of fix per cent. a year,
( 179 )
from the day of fale, fhall be charged upon each
of the three laſt payments, payable as they re-
ſpectively become due.
4. A diſcount, at the rate of eight per cent.
a year, ſhall be allowed on any of the three laſt
payments, which fhall be paid before the ſame
fhall become due, reckoning this diſcount al-
ways upon the fum, which would have been
demandable by the United States, on the day
appointed for fuch payment.
5. If the first payment of one-fourth part of
the purchaſe money fhall not be made within
forty days after the fale, the depofit, payment
and fees, paid and made by the purchafer, fhall
be forfeited, and the lands fhall and may, from
and after the day, when the payment of one-
fourth part of the purchaſe money fhould have
been made, be difpofed of at private fale, on the
fame terms and conditions, and in the fame.
manner as the other lands directed by this act
to be difpofed of at private fale: Provided, That
the lands which fhall have been fold at pulic
fale, and which fhall, on account of fuch failure.
of payment, revert to the United States, fhall
not be fold at private fale, for a price lefs than
the price that fhall have been offered for the
fame at public fale.
6. If any tract fhall not be completely paid
for within one year after the date of the laſt
payment, the tract fhall be advertiſed for fale
by the Regiſter of the land office within whoſe
district it may lie, in at leaft five of the moft
public places in the faid diſtrict, for at leaſt
thirty days before the time of fale: And he fhall
fell the fame at public vendue, during the fitting
of the court of quarter feffions of the county
in which the land-office is kept, for a price not
lefs than the whole arrears due thereon, with the
expenſes of fale; the furplus, if any, thall be
1
s
( 180 )
returned to the original purchafer, or to his le-
gal reprefentative; but if the fum due, with in-
tereft, be not bidden and paid, then the land
ſhall revert to the United States. All monies
paid therefor fhall be forfeited, and the Regiſter
of the land-office may proceed to diſpoſe of the
fame to any purchafer, as in cafe of other lands
at private fale.
Payments
to be
furer or
receivers
Sec. 6. And be it further enacted, That all and
every the payments, to be made by virtue of the
made to preceding fection, fhall be made either to the
the Trea- Treaſurer of the United States, or to fuch per-
fon or officer as fhall be appointed by the Pre-
of public fident of the United States, with the advice and
monies. confent of the Senate, Receiver of public monies
Duty of for lands of the United States, at each of the
receivers places reſpectively where the public and private
of public fales of the faid lands are to be made; and the
monies. faid Receiver of public monies fhall, before he
enters upon the duties of his office, give bond,
with approved fecurity, in the fum of ten thou-
fand dollars, for the faithful difcharge of his
truſt; and it ſhall be the duty of the faid Trea-
furer and Receiver of public monies to give re-
ceipts for the monies by them received, to the
perfons reſpectively paying the fame; to tranſ-
mit within thirty days in cafe of public fale, and
quarterly in cafe of private fale, an account of
all the public monies by them received, ſpeci-
fying the amount received from each perfon,
and diftinguishing the fums received for furvey-
ing expenfes, and thofe received for purchaſe
money, to the Secretary of the Treafury, and
to the Regiſters of the land-office, as the cafe
may be. The faid Receivers of public monies
fhall, within three months after receiving the
fame, tranſmit the monies by them received to
the Treaſurer of the United States; and the Re-
ceivers of public monies for the ſaid ſales, and
( 181 )
fation.
alſo the Receivers of public monies for the fales Their
which have taken place at Pittſburg under the compen
act, intituled, “An act providing for the fale
of the lands of the United States in the terri-
tory north-west of the Ohio, and above the
mouth of Kentucky river," fhall receive one per
cent. on the money received, as a compenfa-
tion for clerk hire, receiving, fafe-keeping, and
tranfmitting it to the Treafury of the United
States.
rers of
Sec. 7. And be it further enacted, That it fhall
be the duty of the Regiſters of the land-offices Duty of
the Regif-
reſpectively, to receive and enter on books kept
for that purpoſe only, and on which no blank the land-
leaves or ſpace fhall be left between the differ- offices.
ent entries, the applications of any perfon or
perfons who may apply for the purchaſe of any
fection or half fection, and who fhall 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 appoint-
ed for that purpoſe, for three dollars for each
half ſection ſuch perſon or perfons may apply
for, and for at leaſt one-twentieth part of the
purchaſe money, ftating carefully in each entry
the date of the application, the date of the re-
ceipt to him produced, the amount of monies
ſpecified in the faid receipt, and the number of
the ſection or half fection, township and range
applied for. If two or more perfons fhall apply
at the fame time for the faid tract, the Regiſter
fhall immediately determine by lot, in preſence
of the parties, which of them fhall have pre-
ference. He fhall file the receipt for monies
produced by the party, and give him a copy of
his entry, and if required, a copy of the defcrip-
tion of the tract, and a copy of the plat of the
fame, or either of them; and it ſhall be his duty
to inform the party applying for any one tract,
(182)
:
whether the fame has already been entered, pur-
chafed, or paid for, and at his requeſt to give
him a copy of the entry or entries concerning
the fame. He fhall, three months after the
date of each application, if the party fhall not
have within that time produced to him a receipt
of the payment of one-fourth part of the pur-
chafe money, including the twentieth part a-
bove-mentioned, enter under its proper date,
in the ſaid book of entries, that the payment
has not been made, and that the land has re-
verted to the United States, and he fhall make
a note of the fame in the margin of the book
oppofite to the original entry. And if the party
fhall, either at the time of making the original
entry, or at any time within three months there-
after, produce a receipt to him, for the fourth
part of the purchaſe money, including the
twentieth part aforefaid, he fhall file the re-
ceipt, make an entry of the fame, under its
proper date, in the faid book of entries, make
a note of the fame in the margin of the book,
oppofite to the original entry, and give to the
party a certificate, defcribing the land fold, the
fum paid on account, the balance remaining
due, the time and times when fuch balance
fhall become due, and that if it thall be duly dif
charged, the purchafer or his affignee or other
legal repreſentative, fhall be entitled to a patent
for the faid lands; he fhall alfo upon any fubfe-
quent payment being made, and a receipt from
the receiver being produced to him, file the ori-
ginal receipt, give a receipt for the fame to the
party, and enter the fame to the credit of the
party, in a book kept for that purpoſe, in
which he fhall open an account in the name of
each purchaſer, for each fection or half fection
that may be fold either at public or private fale,
and in which he fhall charge the party for the
( 183 )
whole purchaſe money, and give him credit for
all his payments; making the proper charges.
and allowances for intereft or difcount, as the
cafe may be, according to the provifions of the
fourth fection of this act; and upon the pay-
ment being completed and the account finally
fettled, he ſhall give a certificate of the fame
to the party; and on producing to the Secre-
tary of the Treafury, the fame final certificate, Patents to
the President of the United States is hereby be iffued.
authorized to grant a patent for the lands to
the ſaid purchaſer, his heirs or affigns; and all
patents fhall be counterfigned by the Secretary
of State, and recorded in his office.
to note
&c.
Sec. 8. And be it further enacted, That the Regifters
Regiſters of the land-offices refpectively, fhall
alfo note on the book of furveys, or original plat the fales
tranfmitted to them, every tract which may be upon the
fold, by inſerting the letter A on the day when furveys,
the fame 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
croffing the faid letter A on the day when the
land fhall revert to the United States, on failure
of the payment of one-fourth part of the pur-
chafe money within three months after the date
of application. And the faid book of furveys
or original plat fſhall be open at all times, in pre-
fence of the Regifter, for the infpection of any
individual, applying for the fame and paying
the proper fee.
Sec. 9. And be it further enacted, That it fhall
be the duty of the Regifters of the land-offices Regifters
to tranfmit quarterly to the Secretary of the to make
certain
Treafury, and to the Surveyor-General, an ac-
quarterly
count of the ſeveral tracts applied for, of the returns.
feveral tracts for which the payment of one-
fourth part of the purchale money has been
7
1
( 184 )
1
made, of the ſeveral tracts which have rever-
ted to the United States on failure of the faid
payment; and alfo an account of all the pay-
ments of monies by them entered, according to
the receipts produced to them, ſpecifying the
fums of money, the names of the perfons pay-
ing the fame, the names of the officers who have
received the fame, and the tracts for which the
fame have been paid.
ters.
Sec. 10. And be it further enacted, That the
Mode of Regifters aforelaid fhall be precluded from en-
making tering on their books any application for lands
purchafes in their own name, and in the name of any
by regif- other perfon in truft for them; and if any Re-
gifter fhall with to purchaſe any tract of land,
he may do it by application in writing to the
Surveyor-General, who fhall enter the fame on
books kept for that purpoſe by him, who ſhall
proceed in refpect to fuch applications, and to
any payments made for the fame, in the fame
manner which the Regiſters by this act are di-
rected to follow, in refpect to applications made
to them for lands by other perfons. The Re-
gifters thall, nevertheleſs, note on the book of
furveys, or original plat, the applications and
payments thus by them made, and their right
to the pre-emption of any tract fhall bear date
from the day, when their application for the
fame ſhall have been entered by the Surveyor-
General in his own book. And if any perfon
applying for any tract fhall, notwithſtanding he
fhall have received information from the Regif
ter, that the fame has already been applied for
by the faid Regifter, or by any other perfon, in-
fift to make the application, it fhall be the duty
of the Regiſter to enter the fame, noting in the
margin that the fame tract is already purchaſed;
but upon application of the party made in writ-
ing, and which he fhall file, he may and ſhall at
( 185 )
any future time enter under its proper date,
that the party withdraws his former applica-
tion, and applies in lieu thereof for any other
tract: Provided always, That the party fhall ne
ver be allowed thus to withdraw his former ap-
plication, and to apply in lieu thereof for ano-
ther tract, except when the tract defcribed in
his former application ſhall have been applied
for previous to the date of that his former ap-
plication.
Sec. 11. And be it further enacted, That the Secretary
Secretary of the Treaſury ſhall and may pre- of the
ſcribe ſuch further regulations, in the manner of Treafury
keeping books and accounts, by the feveral offi- may pre-
cers in this act mentioned, as to him may ap- further
pear neceffary and proper, in order fully to car-
ry into effect the provifions of this act.
fcribe
Allow-
Sec. 12. And be it further enacted, That the
Regiſters of the land-offices, refpectively, fhall ance to
be entitled to receive from the Treafury of the the Regi-
United States, one-half per cent. on all the mo- fters.
nies expreffed in the receipts by them filed and
entered, and of which they thall have tranfmited
an account to the Secretary of the Treaſury, as
directed by this act; and they ſhall further be
entitled to receive, for their own ufe, from the
reſpective parties, the following fees for fer-
vices rendered, that is to fay; for every original
application for land, and a copy of the fame,
for a fection three dollars, for a half fection two
dollars; for every certificate ſtating that the firſt
fourth part of the purchaſe money is paid, twen-
ty-five cents; for every fubfequent receipt for
monies paid, twenty-five cents; for the final fet-
tlement of account and giving the final certifi-
cate of the fame, one dollar; for every copy,
either of an application or of the defcription of
any ſection or half ſection, or of the plat of the
fame, or of any entry made on their books, or
VOL. V.
A 2
regula-
tions.
ዜና
7
( 186 )
of any certificate heretofore given by them,
twenty-five cents for each; and for any general
inſpection of the book of furveys, or general
plat, made in their prefence, twenty-five cents.
Sec. 13. And be it further enacted, That the
Allow fuperintendants of the public fales, to be made
ance to by virtue of this act, and the fuperintendants of
fuperin- the fales which have taken place by virtue of
the act, entituled, "An act providing for the
fale of the lands of the United States in the ter-
ritory north-west of the river Ohio, and above
the mouth of Kentucky river," fhall receive
five dollars a day for every day whilft engaged
in that buſineſs; and the accounting officers of
the Treaſury are hereby authorized to allow a
reaſonable compenfation for books, ftationery,
and clerk hire, in fettling the accounts of the
faid fuperintendants.
tendants
of public
fales.
Sec. 14. And be it further enacted, That the
fee to be paid for each patent for half a ſection
fhall be four dollars, and for every ſection five
dollars, to be accounted for by the receiver of
the fame.
Patent
fees.
the refer-
Sec. 15. And be it further enacted, That the
Leafes of lands of the United States referved for future
vations difpofition, may be let upon leafes by the Sur-
veyor-General, in fections or half fections, for
given by terms not exceeding ſeven years, on condition
the Sur- of making fuch improvements as he fhall deem
may be
veyor
General.
reaſonable.
given to
Sec. 16. And be it further enacted, That each
Pre-emp- perfon who before the paffing of this act fhall
tion right have erected, or begun to erect, a grift-mill or
builders faw mill upon any of the lands herein directed
of mills. to be fold, fhall be entitled to the pre-emption
of the fection including fuch mill, at the rate of
two dollars per acre: Provided, The perfon or
his heirs, claiming fuch right of pre-emption,
(187)
fhall produce to the Regiſter of the land-office
fatisfactory evidence that he or they are entitled
thereto, and ſhall be ſubject to and comply with
the regulations and provifions by this act pre-
ſcribed for other purchafers.
THEODORE SEDGWICK,
Speaker of the House of Reprefentatives.
TH: JEFFERSON,
'
Sec. 16. And be it further enacted, That ſo
Repeal of
much of the "act providing for the fale of the part of
lands of the United States in the territory north- the form-
weft of the river Ohio, and above the mouth of er act.
Kentucky river," as comes within the purview
of this act, be, and the fame is hereby repealed.
Vice-Prefident of the United States, and
Prefident of the Senate.
APPROVED-May 10th, A. D. 1800.
JOHN ADAMS,
Prefident of the United States.
CHAPTER LVI.
An ACT to afcertain the compenfation of public
Minifters.
Sec. I.
B
E it enacted by the Senate and Houſe of
Reprefentatives of the United States
of America, in Congress affembled, That excluſive
of an outfit which fhall in no caſe exceed the
amount of one year's full falary to any miniſter
plenipotentiary or chargé des affaires, to whom
the fame may be allowed, the Prefident of the
United States fhall not allow to any minifter
plenipotentiary a greater fum than at the rate
of nine thousand dollars per annum, as a com-
penfation for all his perfonal fervices and ex-
penſes: nor a greater fum for the fame than
four thousand five hundred dollars per annum
"
5
( 188 )
to a chargé des affaires : nor a greater fum for
the fame than one thouſand three hundred and
fifty dollars per annum to the ſecretary of any
minifter plenipotentiary.
Sec. 2. And be it further enacted, That where
any fum or fums of money ſhall be drawn from
the treaſury, under any law making appropria-
tion for the contingent expenfes of intercourfe
between the United States and foreign nations,
the Preſident ſhall be, and he hereby is autho-
rized to cauſe the fame to be duly fettled, an-
nually, with the accounting officers of the trea-
fury in manner following, that is to fay, by
caufing the fame to be accounted for fpecially
in all inftances wherein the expenditure thereof
may in his judgment be made public, and by
making a certificate of the amount of fuch ex-
penditures as he may think it adviſeable not
to ſpecify, and every fuch certificate fhall be
deemed a fufficient voucher for the fum or fums
therein expreffed to have been expended.
THEODORE SEDGWICK,
Speaker of the House of Reprefentatives.
TH: JEFFERSON,
Vice-President of the United States, and
Prefident of the Senate.
APPROVED-May 10, A. D. 1800.
JOHN ADAMS,
Prefident of the United States.
CHAPTER LVII.
An ACT to make appropriations for the Navy of
the United States, during the year one thoujand
eight hundred.
E by and
Sec. 1. BRepresentatives of the United States of
America,in Gongreſs aſſembled, That for defraying
( 189 )
the expenſes of the navy of the United States,
during the year one thoufand eight hundred,
there fhall be, and hereby is appropriated the
fum of two millions, four hundred and eighty-
two thouſand nine hundred and fifty-three dol-
lars and ninety-nine cents; that is to fay, for the
pay of the officers of the navy of the United
States, the fum of three hundred and ninety-
one thouſand five hundred and ninety-fix dol-
lars; for the fubfiftence of the officers of the
navy, the ſum of ſeventy thouſand, feven hun-
dred and twenty-two dollars and forty cents;
for the pay of the feamen, the fum of eight
hundred and eighteen thouſand three hundred
and forty dollars; for provifions, the fum of
fix hundred and three thouſand, fix hundred
and forty-two dollars and fixty-feven cents;
for contingent expenfes, including the waste of
military ftores, the expenfe of the navy ftore at
Philadelphia, compriſing ſtore-keeper's falary,
clerk hire, ftore rent, labourers, porterage and
freight, and for making good deficiencies in
former appropriations, and for fimilar expenfes
at Bofton, Newport, Baltimore, Norfolk, New-
York, and other ports, the fum of three hun-
dred and ninety-three thoufand fix hundred
dollars; for the expenfe of hofpitals, medicines
and hoſpital ſtores, the fum of thirty-two thou-
fand fix hundred and forty-feven dollars and
twenty cents; for the fupport of the revenue
cutters while employed in the navy ſervice, the
fum of ten thousand dollars; for the pay of the
officers, non-commiffioned officers and privates
of the marine corps, the fum of ninety-four thou-
fand, ſeven hundred and thirty-four dollars;
for fubfiftence of the officers of the faid corps,
the fum of eight thouſand and eighteen dollars
and fixty cents; for cloathing for the faid corps,
the fum of thirty-three thouſand five hundred
( 190 )
and thirty dollars, and feventy-four cents; for
military ſtores for the faid corps, the fum of
twelve thoufand two hundred and feventy-feven
dollars and eighty-eight cents; for the contin-
gent expenfes of the faid corps, including camp
equipage, quarter maſters, barrack maſters, and
hoſpital ſtores, and bounties and premiums, the
fum of thirteen thoufand eight hundred and
forty-four dollars.
Sec. 2. And be it further enacted, That the
aforefaid appropriations fhall be paid out of any
monies in the Treaſury of the United States not
otherwiſe appropriated.
THEODORE SEDGWICK,
Speaker of the House of Reprefentatives.
TH: JEFFERSON,
Vice-Prefident of the United States, and
Prefident of the Senate.
APPROVED-May 10, A. D. 1800.
JOHN ADAMS,
Prefident of the United States.
CHAPTER LVIII.
An ACT Supplementary to the act, intituled,
"An act to establish the Treasury Department."
B
E it enacted by the Senate and Houſe of Re-
prefentatives of the United States of Ame-
rica, in Congress affembled, That it fhall be the
duty of the Secretary of the Treaſury to digeft,
prepare and lay before Congrefs at the com-
mencement of every feffion, a report on the fub-
ject of finance, containing eſtimates of the pub-
lic revenue and public expenditures, and plans
for improving or increafing the revenues, from
time to time, for the purpofe of giving infor-
( 191 )
mation to Congreſs in adopting modes of raif-
ing the money requifite to meet the public ex-
penditures.
THEODORE SEDGWICK,
Speaker of the House of Repreſentatives.
TH: JEFFERSON,
Vice-Prefident of the United States, and
Prefident of the Senate.
APPROVED-May 10th, A. D. 1800.
JOHN ADAMS,
Prefident of the United States.
CHAPTER LIX.
folution
An ACT to authorize the iſſuing certain patents.
Sec. I. E it enacted by the Senate and Houfe
of Repreſentatives of the United States
of America, in Congress affembled, That it fhall Provifion
be lawful, and the proper officer is hereby au- for fatis-
thorized, to iffue patents on furveys, which have fying re-
been, or may be made within the territory re- warrants
ferved by the ſtate of Virginia, north-weft of for Virgi
the river Ohio, and being part of her ceffion to pia mili-
Congreſs, on warrants for military fervices, iffu- tarylands.
ed in purſuance of any refolution of the legifla-
ture of that ſtate, previous to the paffing of this
act, in favor of perfons who had ferved in the
Virginia line on the continental eſtabliſhment:
Provided, that the whole quantity of land for
which patents fhall iffue by virtue of this act,
ſhall not exceed fixty thouſand acres; and that
the furveys aforefaid fhall be completed and de-
pofited in the office of the Secretary of War,
on or before the first day of December, one thou-
fand eight hundred and three: And provided
alſo, that this act ſhall not give any force or va-
lidity to the entries, locations or furveys, here-
tofore made in purfuance of thefe warrants, fo
far as fuch entries, locations, or furveys, inter-
K
(192)
;
fere in any manner with thoſe of perfons claim-
ing the fame lands under entries, locations, or
furveys, heretofore made in purſuance of war-
rants, granted by the ſtate of Virginia to the
officers and foldiers in the line of that ſtate on
continental eſtabliſhment.
may be
with-
drawn
Sec. 2. And be it further enacted, That in eve-
In caſe of ¹y caſe of interfering claims under military war-
eviction, rants, to lands within the territory ſo reſerved
warrants by the ſtate of Virginia, when either party to
fuch claims fhall loofe, or be evicted from the
land, every fuch party fhall have a right, and
and loca- hereby is authorized to withdraw his, her or
ted elfe- their warrant, refpectively, to the amount of
fuch loſs or eviction, and to enter, furvey, and
patent the fame, on any vacant land within the
bounds aforefaid, and in the fame manner as
other warrants may be entered, furveyed and
patented.
where.
THEODORE SEDGWICK,
Speaker of the House of Reprefentatives.
TH: JEFFERSON,
Vice-Prefident of the United States, and
Prefident of the Senate.
APPROVED-May 13, A. D. 1800.
JOHN ADAMS,
Prefident of the United States.
CHAPTER LX.
An ACT to enlarge the powers of the Surveyors
of the Revenue.
Sec. I.
B
E it enacted by the Senate and Houfe of
Repreſentatives of the United States
of America, in Congress affembled, That when-
ever it ſhall appear to the furveyor of the reve-
nue, appointed or to be appointed in any affeff-
ment diſtrict within the United States, under
( 193 )
be enter-
the act, intituled "An act to provide for the Lands
valuation of lands and dwelling-houfes, and and dwel
the enumeration of flaves, within the United fes, omit-
ling hou-
States," that any tract of land or dwelling- ted in the
houſe, fituated within his faid diſtrict, and di- lifts, may
rected by the faid act to be included in the ed by the
lifts, thereby required to be rendered and kept, furveyors
hath been omitted in the faid lifts, then and in of the re-
every ſuch caſe it fhall be the duty of fuch fur- venue.
veyor, and he hereby is authorized and requir-
ed to inform himſelf of the value of fuch tract
of land or dwelling-houfe, by entry, view, or
other lawful ways and means, and to make a
lift and valuation thereof, in the form and man-
ner preſcribed in and by the ſaid act, and to
enter and record the ſaid lifts and valuation with
and among the lifts and valuations by him to
be kept and recorded purſuant to the ſaid act;
and to charge the amount of the faid valuation.
to the perfon or perfons to whom the fame
ought to be charged, purfuant to the faid act
and to the act, intituled, " An act to lay and Unfeated
collect a direct tax within the United States;" lands, ef-
and that where any affeffor, no lift having been timated
rendered, ſhall have eſtimated any tract of un- too large
feated land, to contain a greater number of a quanti-
acres than the ſaid tract fhall by the patent or ty, may
furvey of the fame actually appear to contain, be exone-
it fhall appear to the furveyor of the affeffment
diſtrict in which the faid land fhall be fituate,
by the production of the faid patent or furvey
thereof, that there has been a miſtake in eſti-
mating the ſaid number of acres, it fhall be law-
ful for fuch furveyor to credit the proprietor
or proprietors thereof with the number of acres
fo over-charged: Provided, That the faid credit.
ſhall not operate to leffen the fum directed to
be collected by virtue of the preſent law to lay
B 2
to contain
rated.
VOL. V.
*
( 194 )
and collect a direct tax: And provided alfo, That
no credit fhall be valid until the fame fhall have
been approved by the infpector of the furvey,
or the ſuperviſor of the diftrict, if comprehend-
ing but one furvey of infpection; and if any er-
Error in ror has happened, by charging any perfon with
charging being the proprietor of any tract or parcel of
a perfon unfeated land, who was not the owner thereof
on the firſt day of October one thouſand ſeven
er; or in hundred and ninety-eight, or by affeffing to any
charging perfon any tract or parcel of unfeated land
the owner more than once as proprietor thereof, it ſhall
more than be lawful in all or any of theſe caſes, for the
furveyor of the district in which the faid error
fhall have happened, to correct the fame by giv-
ing the perſon ſo charged fuch credit in his ac-
count refpecting the faid land as may be juſt
and equitable,
who is not
the own-
once.
*
Allow-
ance to
the fur-
veyors of
the re-
venue.
may
Sec. 2. And be it further enacted, That for the
fervices aforefaid, the furveyors of the revenue
fhall reſpectively be entitled to, and receive
from the United States, the following compen-
fations, that is to ſay: For every tract of land
or dwelling-houfe, valued and recorded as afore-
faid without entry and view, feventy-five cents;
for every tract of land or dwelling-houſe fo va-
lued and recorded with entry and view, two dol-
lars; for every mile of neceffary travel in going
to make fuch entry and view and returning, five
cents; and that the accounts for the faid com-
penfations fhall be prefented to the ſuperviſors of
the diftricts refpectively, and if allowed by them,
fhall be paid by them and credited to their ac-
counts reſpectively, in the fettlement thereof
with the Treaſury Department.
Sec. 3. And be it further enacted, That when-
ever any perfon fhall have been charged, pur-
( 195 )
ment, the
fuant to the above-mentioned acts or either of In cafe of
them, or to this act, with the amount of the legal
valuation of any tract of land or dwelling. eject-
houfe; and fuch perfon, or his or her legal re-
preſentatives or affigns, fhall afterwards in due perfon
charged
courſe of law have been ejected from fuch land may be
or dwelling-houfe, or have had a decifion a- exonera-
gainst him, her or them, upon the title there- ted.
of, then, and in every fuch cafe, it fhall be the
duty of the furveyor of the revenue within
whoſe affeffment diftrict the faid land or dwell-
ing-houfe fhall be fituated'; and he is hereby
authorized and required, on the application of
ſuch perſon, or of his or her legal reprefenta-
tives or affigns, as the cafe may be, and on the
payment or tender by them, or any of them,
of the fum of one dollar for every fuch tract of
land or dwelling-houfe, which fum the faid fur-
veyor is hereby authorized to demand and re-
ceive in fuch cafe, to cancel the valuation on
fuch land or dwelling-houfe, fo far as refpects.
the perfons fo applying, and to diſcharge him
or her therefrom.
-
THEODORE SEDGWICK,
Speaker of the House of Reprefentatives.
TH: JEFFERSON,
Vice-President of the United States, and
Preſident of the Senate.
APPROVED-May 13, A. D. 1800.
JOHN ADAMS,
Prefident of the United States of America.
CHAPTER
LXI.
'
An ACT to amend an act, intituled " An act to ef-
tablish the Judicial Courts of the United States.
>>
E it enacted by the Senate and Houſe of Re-
prefentatives of the United States of America,
in Congress affembled, That jurors to ferve in the
B
( 196 )
+
courts of the United States fhall be defignated
by lot, or otherwiſe, in each ſtate or diſtrict re-
ſpectively, according to the mode of forming
juries to ſerve in the higheſt courts of law there-
in now practifed; fo far as the fame fhall ren-
der fuch defignation practicable by the courts
and marshals of the United States.
THEODORE SEDGWICK,
Speaker of the House of Reprefentatives.
TH: JEFFERSON,
Vice-Prefident of the United States, and
Prefident of the Senate.
APPROVED-May 13, A. D. 1800.
JOHN ADAMS,
Prefident of the United States.
CHAPTER LXII.
An ACT to appropriate a certain fum of money
to defray the expenfe of holding a treaty or
treaties with the Indians.
Sec. 1. E it enacted by the Senate and Houfe
of Repreſentatives of the United States
of America, in Congrefs affembled, That a fum
not exceeding fifteen thousand dollars be ap-
propriated, to defray the expenfe of fuch treaty
or treaties, as the Prefident of the United States
ſhall deem it expedient to hold with the Indians
fouth of the river Ohio; Provided, nothing in
this act contained fhall be conftrued 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 compenfation to be allowed to any
of the commiffioners, who may be appointed
for negotiating fuch treaty or treaties, fhall not
exceed, exclufive of travelling expenſes, the
( 197 )
1
rate of eight dollars per day during the time
of actual ſervice of fuch commiffioner.
Sec. 2. And be it further enacted, That the
fum aforefaid fhall be paid out of any monies.
in the Treaſury of the United States, not other-
wife appropriated.
THEODORE SEDGWICK,
Speaker of the House of Reprefentatives.
TH: JEFFERSON,
Vice-Prefident of the United States, and
Prefident of the Senate.
APPROVED-May 13, A. D. 1800.
JOHN ADAMS,
Prefident of the United States.
CHAPTER LXIII.
An ACT directing the payment of a detachment
of the militia under the command of major Tho-
mas Johnſon, in the year one thouſand feven
hundred and ninety-four.
BE
E it enacted by the Senate and Houſe of Re-
preſentatives of the United States of Ameri-
ca, in Congress affembled, That the proper ac-
counting officers of the Treaſury be, and they
are hereby authorized, to fettle the accounts of
the militia, who ferved on an expedition com-
manded by major Thomas Johnfon against the
Indians, in the year one thoufand feven hun-
dred and ninety-four, and that the fame be
paid out of any monies in the Treaſury not
otherwiſe appropriated.
THEODORE SEDGWICK,
Speaker of the House of Reprefentatives.
TH: JEFFERSON,
Vice-Prefident of the United States, and
Prefident of the Senate.
APPROVED-May 13, A. D. 1800.
JOHN ADAMS,
Prefident of the United States.
(198)
CHAPTER
LXIV.
An ACT to retain a further fum on drawbacks,
for the expenfes incident to the allowance and
payment thereof, and in lieu of ſtamp duties on
debentures.
Sec. I.
E it enacted by the Senate and Houſe of
Reprefentatives of the United States
of America, in Congress affembled, That from
and after the thirtieth day of June next, two
and one-half per centum on the amount of all
drawbacks, allowed or to be allowed by law,
upon and for the re-exportation from the Uni-
ted States of goods, wares, or merchandizes
imported thereinto, ſhall be retained for the
ufe of the United States, by the collectors pay-
ing fuch drawbacks refpectively; and in addi-
tion to the fum of one and one quarter per
centum heretofore directed by law to be fo re-
tained.
Sec. 2. And be it further enacted, That in caſe
of the re-exportation from the United States.
of goods, wares, and merchandizes, imported.
thereinto in foreign fhips or veffels, no part of
the additional duty impofed by law on fuch
goods, wares, and merchandizes, on account
of their importation in fuch fhips or veffels,
fhall be allowed to be drawback; but that the
whole of the faid additional duty fhall be re-
tained in manner aforefaid, in addition to the
rate per centum by this and former acts direct-
ed to be retained.
THEODORE SEDGWICK,
Speaker of the House of Reprefentatives.
TH: JEFFERSON,
Vice-Prefident of the United States, and
Prefident of the Senate,
APPROVED-May 13, A. D. 1800.
JOHN ADAMS,
Prefident of the United States.
( 199 )
CHAPTER LXV.
An ACT to authorize certain expenditures, and
to make certain appropriations for the year one
thouſand eight hundred.
Sec. I. E it enacted by the Senate and Houfe of
Reprefentatives of the United States
the Secre-
the
of America, in Congress affembled, That the Se- Allow-
cretary of the Senate, and the Clerk of the Houfe ance to
of Repreſentatives, refpectively, fhall have al-
tary of
lowed to them, in the fettlement of their ac- the Se-
counts with the Treaſury Department, the ex- nate and
penſes by them refpectively incurred, purfuant Clerk of
to the directions of the joint committee of the Houfe.
two Houſes, in the various meafures adopted
by the faid committee for doing honor to the
memory of George Waſhington, late Prefident
of the United States; and that a fum not ex-
ceeding three thouſand two hundred dollars
ſhall be and hereby is appropriated for defray-
ing the faid expenſes.
Choctaw
Sec. 2. And be it further enacted, That the
Prefident of the United States fhall be, and Prefents
hereby is authorized and empowered to caufe to the
to be given, during the preſent year, to the Indians.
Choctaw nation of Indians, fuch preſents not
exceeding the value of two thouſand dollars, as
he ſhall judge moſt ſuitable; and that the ſum
of two thousand dollars fhall be and hereby is
appropriated for that purpoſe.
Sec. 3. And be it further enacted, That the
Prefident of the United States fhall be, and Reim-
hereby is authorized and empowered to caufe burfe-
to be expended a fum not exceeding five thou- advances
ment for
fand dollars, for the reimburſement of fuch rea- for claims.
fonable advances of money as have heretofore to captur-
been, or before the first day of September next ed proper-
may be made by confuls of the United States,
ty.
*
( 200 )
&
in making and fupporting the claims of Ame-
rican citizens for captured property, before the
tribunals of foreign countries; and that the fum
of five thousand dollars fhall be and hereby is
appropriated for that purpoſe.
Sec. 4. And be it further enacted, That the
Various fum of forty-four thousand dollars fhall be, and
appropri- hereby is appropriated for defraying the ex-
penfe that has been, or during the prefent year
may be incurred by the payment of coſts, in
prize caufes, before the court of admiralty and
court of appeals in England.
ations.
Sec. 5. And be it further enacted, That for
defraying the expenfe incident to the vifits of
Indians to the feat of government, the fum of
feven thouſand five hundred dollars fhall be
and hereby is appropriated.
Sec. 6. And be it further enacted, That for
defraying, during the prefent year, the addition-
al compenfations granted in the prefent feffion
to the Secretary of the Senate, and Clerk of the
Houſe of Reprefentatives, and to the clerks in
their refpective offices, the fum of one thouſand
five hundred dollars fhall be and hereby is ap-
propriated.
Sec. 7. And be it further enacted, That for de-
fraying the expenfes incident, during the pre-
fent year, to the eſtabliſhment of the general
ftamp-office, including the falary of the ſuper-
intendant of ſtamps, clerk hire, office rent, and
all contingent expenfes, the fum of four thou
fand dollars fhall be and hereby is appropriated.
Sec. 8. And be it further enacted, That for de-
fraying, during the prefent year, the expenſe
incident to the establishment of the government
of the Indiana Territory, including the falary
of the governor, judges and fecretary, and all
(201)
contingent expenfes, the fum of four thoufand Various
dollars fhall be and hereby is appropriated.
appropri
Sec. 9. And be it further enacted, That for de- ations.
fraying the expenſe incident to the exploring
of copper mines on Lake Superior, the ſum of
one thouſand five hundred dollars fhall 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 harbours of
the United States, in aid of the fums heretofore
appropriated for that purpoſe and remaining
unexpended.
Sec. 11. And be it further enacted, That the
aforefaid appropriations ſhall be paid out of any
money in the Treaſury of the United States not
otherwiſe appropriated.
~
C
THEODORE SEDGWICK,
Speaker of the House of Reprefentatives.
TH: JEFFERSON,
Vice-Prefident of the United States, and
Prefident of the Senate.
APPROVED-May 13th, A. D. 1800.
JOHN ADAMS,
Prefident of the United States.
CHAPTER LXVI.
An ACT to lay additional duties on certain articles
imported.
al duties
Sec. 1. E it enacted by the Senate and Houſe of Addition
Repreſentatives of the United States on fugar,
of America, in Congress affembled, That from and molaffes
after the thirtieth day of June next, the follow- and fuch
ing duties, in addition to thofe now in force, articles as
and payable on the feveral articles herein after have paid
enumerated, ſhall be laid, levied, and collected
ten per
cent.
VOL. V.
C 2
•
( 202 )
Duties on
wines.
upon thofe articles refpectively, at their impor-
tation into the United States from any foreign
port or place, that is to fay; upon all brown
fugar, one half cent per pound; upon all fugar
candy, two cents and one half per pound; upon
all molaffes, one cent per gallon; and upon all
goods, wares, and merchandizes now paying a
duty of ten per centum ad valorem, two and
one half per centum ad valorem.
Sec. 2. And be it further enacted, That from
and after the thirtieth day of June next, the du-
ties now impoſed and payable on wines, import-
ed into the United States from any foreign port
or place, fhall ceafe and be abolished; and that
in lieu thereof the following duties fhall thence-
forth be laid, levied, and collected upon all
wines fo imported in cafks, bottles, or other vef-
fels, that is to fay: Upon all Malmſey, Madeira,
and London particular Madeira wine, fifty-
eight cents per gallon; upon all other Madeira
wine, fifty cents per gallon; upon all Burgundy,
Champaign, Rhenifh, and Tokay wine, forty-
five cents per gallon; upon all Sherry wine,
forty cents per gallon; upon all Saint Lucar
wine, forty cents per gallon; upon all claret
and other wines not enumerated, when import-
ed in bottles or cafes, thirty-five cents per gal-
lon; upon all Lisbon, Oporto, and other Portu-
gal wines, thirty cents per gallon; upon all Te-
neriffe, Fayall, Malaga, Saint George, and other
Weſtern Iſland wine, twenty-eight cents per
gallon; and upon all other wines when import-
ed, otherwife than in bottles or cafes, twenty-
three cents per gallon.
Sec. 3. And be it further enafted, That an ad-
Addition- dition of ten per centum fhall be made to the
al duty on feveral rates of duties above ſpecified and im-
cles im- pofed, in refpect to all fuch goods, wares, and
ported in merchandizes as aforefaid, as fhall after the faid
Luch arti-
( 203 )
thirtieth day of June be imported in fhips or foreign
veffels not of the United States.
veffels.
Sec. 4. And be it further enacted, That the du-
ties laid by this act fhall be levied and collected How the
in the fame manner, and under the fame regu- duties are
lations and allowances as to drawbacks, mode to be col-
of fecurity, and time of payment refpectively,
with the ſeveral duties now in force on the re-
ſpective articles herein before enumerated.
lected.
back on
fugar refi-
ned,
Sec. 5. And be it further enacted, That on ac-
count of the additional duties laid on brown Addition
fugar and molaffes by this act, the following al draw-
fums reſpectively fhall, from and after the thirty-
first day of December next, be added to the ad, and
drawbacks now allowed by law, on fugar refi- fpirits dif-
ned within the United States and exported there- tilled
from, and on fpirits diftilled from molaffes with- from mo-
in the United States and exported therefrom, the Uni-
that is to fay: On all fugar ſo refined and ex- tedStates,
ported, one cent per pound; and on all fpirits.
fo diſtilled and exported, one cent per gallon;
which additional drawbacks fhall be allowed
and paid according to the regulations now efta-
bliſhed by law, reſpecting the prefent drawbacks
allowed on the faid articles.
lafes, in
Sec. 6. And be it further enacted, That the Appropri
proceeds of the duties, laid by this act, fhall be ation of
folely appropriated and applied for the difcharge the pro-
of the interest and principal of the debts of the ceeds of
United States, heretofore contracted, or to be
contracted during the preſent year.
theſe du-
ties.
THEODORE SEDGWICK,
Speaker of the House of Reprefentatives.
TH: JEFFERSON,
Vice-President of the United States, and
Prefident of the Senate.
APPROVED-May 13th, A. D. 1800.
JOHN ADAMS,
Prefident of the United States,
1
( 204 )
44
CHAPTER LXVII.
An ACT appointing the time, and directing the
place of the next meeting of Congress.
3
BE
E it enacted by the Senate and Houfe of Re-
prefentatives of the United States of Ameri-
ca, in Congress affembled, That the feffion of
Congreſs next enfuing the prefent fhall be held
at the city of Wallington, in the diftrict of
Columbia, and faid feffion fhall commence on
the third Monday of November, one thouſand
eight hundred.
THEODORE SEDGWICK,
Speaker of the House of Reprefentatives.
TH: JEFFERSON,
Vice-Prefident of the United States, and
Prefident of the Senate.
APPROVED-May 13, A. D. 1800.
JOHN ADAMS,
Prefident of the United States.
CHAPTER LXVIII.
An ACT to make provifion relative to rations for
Indians, and to their vifits to the feat of go-
vernment.
Sec. I. E it enacted by the Senate and Houfe of
Reprefentatives of the United States of
America, in Congress affembled, That the Pre-
fident of the United States fhall be, and hereby
is authorized and empowered to caufe fuch ra-
tions as he fhall judge proper, and as can be
ſpared from the army provifions without injury
to the fervice, be iffued under fuch regulations
as he ſhall think fit to eftabliſh, to Indians who
may vifit the military pofts of the United States
on the frontiers, or within their refpective na-
tions.
( 205 )
Sec. 2. And be it further enacted, That the
Prefident of the United States fhall be, and
hereby is further 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 vifit the feat of go-
vernment thereof, for their journies to, ſtay at,
and return from the fame; and alfo to caufe to
be given to fuch Indians, during their ſtay as
aforefaid, fuch prefents as he ſhall judge necef-
fary.
Sec. 3. And be it further enacted, That a fe-
parate account of all rations iſſued, and ex-
penfes defrayed as aforefaid, and of the expen-
ditures, occafioned by fuch prefents as are afore-
faid, fhall be kept at the Department of War.
THEODORE SEDGWICK,
Speaker of the House of Reprefentatives.
TH: JEFFERSON,
Vice-Prefident of the United States, and
Prefident of the Senate.
APPROVED-May 13, A. D. 1800.
JOHN ADAMS,
Prefident of the United States.
CHAPTER LXIX.
>>
An ACT fupplementary to the act to fufpend part
of an act, intituled, "An act to augment the ar-
my of the United States, and for other purpoſes:
Sec. I.
B Neprefentatives
E it enacted by the Senate and Houſe of
Keprefentatives of the United States Further
of America, in Congress affembled, That it fhall
be lawful for the Prefident of the United States ments
to ſuſpend any further military appointments, may be
under the act to augment the army of the Uni- fufpended
ted States, and for other purpoſes; and under
the ninth ſection of the act for the better orga-
appoint-
५
( 206 )
!
nizing of the troops of the United States, and
for other purpoſes; according to his difcretion,
having reference to economy and the good of
the fervice.
may be
ed.
tions.
Sec. 2. And be it further enacted, That the Pre-
Officers fident of the United States fhall be, and hereby
and men is authorized and empowered to diſcharge, on
or before the fifteenth day of June next, all fuch
difcharg- officers, non-commiffioned officers and privates,
as have heretofore been appointed, commiffi-
oned, or raiſed, under and by virtue of the ſaid
Excep- acts, or either of them, except the engineers,
inſpector of artillery, and inſpector of fortifica-
tions. Provided always, That nothing in this
act contained fhall be conftrued to authorize
any reduction of the first four regiments of in-
fantry, the two regiments of artillerifts and en-
gineers, the two troops of light dragoons, or
of the general and other ſtaff, authorized by
the feveral laws for the eſtabliſhing and orga-
nizing of the aforefaid corps.
Sec. 3. And be it further enacted, That to each
officer, non-commiffioned officer, and private,
who ſhall be diſcharged from ſervice by virtue
extra pay of this act, there fhall be allowed and paid, in
addition to the pay and allowances to which
they are now entitled by law, a fum of money
equal to three months pay of ſuch officer, non-
commiffioned officer and private reſpectively.
Three
months
THEODORE SEDGWICK,
Speaker of the House of Reprefentatives.
URIAH TRACEY,
Prefident of the Senate, pro tempore.
APPROVED-May 13, A. D. 1800.
JOHN ADAMS,
Prefident of the United States.
(207)
CHAPTER LXX.
An ACT fupplementary to the act establishing the
Mint, and regulating the coins of the United
States.
B
E it enacted by the Senate and House of Re-
prefentatives of the United States of Ameri-
sa, in Congress affembled, That until the fourth
day of March one thoufand eight hundred and
one, the Mint fhall remain in the city of Phila-
delphia, and be carried on as heretofore under
the laws now in force; any law to the contrary
notwithſtanding.
THEODORE SEDGWICK,
Speaker of the House of Reprefentatives.
URIAH TRACEY,
Prefident of the Senate, pro tempore.
APPROVED-May 14, A. D. 1800.
JOHN ADAMS,
Prefident of the United States.
CHAPTER LXXI.
An ACT to make further provifion for the chil-
dren of colonel John Harding, and major Alex-
ander Trueman, deceaſed.
Bp
E it enacted by the Senate and Houſe of Re-
preſentatives of the United States of Ameri-
ta, in Congress affembled, That there ſhall be an-
nually paid to the guardians refpectively of the
fons and daughters of the late colonel John
Harding, deceaſed, and to the guardian of the
daughter of the late major Alexander True-
man, deceaſed, for each fon and daughter afore-
faid, the fum of one hundred dollars, until they
ſhall have reſpectively attained the age of twen-
ty-one years, to be applied by the faid feveral
(208)
2
guardians to the ſuitable education of the ſaid
fons, and to the uſe of the ſaid daughters.
;
THEODORE SEDGWICK,
Speaker of the House of Reprefentatives.
URIAH TRACEY,
Prefident of the Senate, pro tempore.
APPROVED-May 14, A. D. 1800.
JOHN ADAMS,
Prefident of the United States.
Relative
to the
ESOLVED by the Senate and Houfe of Re-
prefentatives of the United States of Ame-
rica, in Congress affembled, That a marble mo-
nument be erected by the United States, in the
death of Capitol, at the city of Washington, and that
general the family of general Washington be requeſted
Waſhing to permit his body to be depofited under it;
and that the monument be fo defigned as to
commemorate the great events of his military
and political life.
•
ton.
And be it further refolved, That there be a
funeral proceffion from Congreſs Hall to the
German Lutheran Church, in honor of the me-
mory of general George Washington, on Thurf
day the twenty-fixth inftant, and that an ora
tion be prepared at the requeſt of Congreſs to
be delivered before both houſes on that day;
and that the Preſident of the Senate, and Spea-
ker of the Houſe of Repreſentatives, be defired
to requeſt one of the members of Congrefs to
prepare and deliver the fame.
And be it further refolved, That it be recom-
mended to the people of the United States to
wear crape on the left arm as mourning, for
thirty days.
( 209 )
And be it further refolved, That the Prefi-
dent of the United States be requeſted to direct
a copy of theſe refolutions to be tranfmitted to
Mrs. Waſhington, affuring her of the profound
reſpect Congreſs will ever bear to her perfon
and character; of their condolence on the late
afflicting difpenfation of Providence; and in-
treating her affent to the interment of the re-
mains of general George Washington, in the
manner expreffed in the firſt reſolution.
And be it further refolved, That the Prefident
of the United States be requeſted to iffue a pro-
clamation, notifying to the people throughout
the United States the recommendation contain-
ed in the third refolution.
THEODORE SEDGWICK,
Speaker of the House of Reprefentatives.
SAMUEL LIVERMORE,
Prefident of the Senate, pro tempore.
}
APPROVED December 24, 1799.
JOHN ADAMS,
peti
Prefident of the United States.
R
ESOLVED by the Senate and Houſe of Re-
prefentatives of the United States of Ame-
rica, in Congress affembled, That it be recom- Relative
mended to the people of the United States to to the
affemble on the twenty-fecond day of February death of
next, in fuch numbers and manner as may be general
Waſhing-
convenient, publicly to teftify their grief for
the death of general George Washington, by
fuitable eulogies, orations and difcourfes, or by
public prayers.
ton.
And be it further refolved, That the Prefident
be requeſted to iffue a proclamation for the
VOL. V.
D 2
A
( 210 )
purpoſe of carrying the foregoing refolution
into effect.
THEODORE SEDGWICK,
Speaker of the House of Reprefentatives.
TH: JEFFERSON,
Vice-Prefident of the United States, and
Prefident of the Senate.
APPROVED January 6, 1800.
JOHN ADAMS,
Prefident of the United States.
N. Caro-
lina.
ESOLVED by the Senate and Houſe of Re-
prefentatives of the United States of Ame-
rica, in Congress affembled, That the Secretary
Laws for of State be, and he is hereby authorized and
directed to procure and tranfmit to the gover-
nor of the ſtate of North-Carolina, a number
of the copies of the laws of the United States,
equal to the number which the Secretary was
heretofore authorized to tranfmit to the go-
vernor of the ſaid ſtate by an act, intituled,
"An act for the more general promulgation of
the laws of the United States," to be depofited
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.
THEODORE SEDGWICK,
Speaker of the House of Reprefentatives.
TH: JEFFERSON,
Vice-Prefident of the United States, and
Prefident of the Senate.
APPROVED-February 3, 1800.
JOHN ADAMS,
Prefident of the United States.
( 211 )
R
ESOLVED by the Senate and Houſe of Re-
prefentatives of the United States of Ame-
rica, in Congress affembled, That the Prefident In honor
of the United States be requeſted to prefent to of captain
captain Thomas Truxton, a golden Medal, em- &c.
Truxton,
blematical of the late action between the Uni-
ted States' frigate Conſtellation, of thirty-eight
guns, and the French fhip of war La Venge-
ance, of fifty-four; in teftimony of the high
fenſe entertained by Congreſs of his gallantry
and good conduct in the above engagement,
wherein an example was exhibited by the cap-
tain, officers, failors, and marines, honorable to
the American name, and inftructive to its rif-
ing navy.
And it is further refolved, That the conduct of
James Jarvis, a midshipman in faid frigate, who
gloriously preferred certain death to an aban-
donment of his poft, is deferving of the higheſt
praiſe, and that the lofs of fo promifing an offi-
cer is a fubject of national regret.
THEODORE SEDGWICK,
Speaker of the House of Representatives,
TH: JEFFERSON,
Vice-President of the United States, and
President of the Senate.
APPROVED-March 29, 1800.
JOHN ADAMS,
President of the United States.
1
Refolution refpecting the copper mines on the fouth
fide of Lake Superior.
R&D
ESOLVED by the Senate and Houſe of Re-
preſentatives of the United States of Ame-
rica, in Congress affembled, That the Prefident Copper
of the United States be authorized to employ mines on
an agent, who fhall be inftructed to collect all Lake Su-
material information relative to the copper
perior.
{
i
( 212 )
-
mines on the fouth fide of Lake Superior, and
to aſcertain whether the Indian title to fuch
lands as might be required for the uſe of the
United States, in cafe they ſhould deem it ex-
pedient to work the faid mines, be yet fubfift-
ing, and if fo, the terms on which the fame
can be extinguiſhed: And that the ſaid agent
be inſtructed to make report to the Preſident
in fuch time, as the information he may collect
may be laid before Congrefs at their next feffion.
THEODORE SEDGWICK,
t
Speaker of the House of Representatives.
TH: JEFFERSON,
Vice-President of the United States, and
President of the Senate.
APPROVED-April 16, 1800.
JOHN ADAMS,
President of the United States.
5
X
A
:
( 213 )
TREATY OF PEACE AND FRIENDSHIP,
BETWEEN THE
UNITED STATES OF AMERICA,
AND THE
KINGDOM OF TUNIS.
(TRANSLATION.)
GOD IS INFINITE.
UNDER
NDER the aufpices of the greateft, the
moft powerful of all the Princes of the
Ottoman nation who reign upon the earth, our
moſt glorious and moſt auguft Emperor, who
commands the two lands and the two feas,
Selim Kan, the victorious, fon of the Sultan
Mouftafa, whofe realm may God profper until
the end of ages, the fupport of Kings, the ſeal
of Juſtice, the Emperor of Emperors.
The moſt illuftrious and moft magnificent
Prince, Hamouda Pacha, Bey, who commands
the Odgiak of Tunis, the abode of happineſs,
and the moſt honored Ibrahim Dey, and Soli-
man, aga of the Janiffaries, and chief of the
Divan, and all the elders of the Odgiak; and
the moſt diſtinguiſhed and honored Prefident
of the Congrefs of the United States of Ame-
rica, the moſt diſtinguiſhed among thofe who
profefs the religion of the Meffiah, of whom
may the end be happy.
We have concluded between us the prefent
treaty of peace and friendſhip, all the articles
3
( 214 )
of which have been framed by the intervention
of Jofeph Stephen Famin, French merchant re-
fiding at Tunis, chargé d'affaires of the United
States of America; which ftipulations and con-
ditions are comprized in twenty-three articles,
written and expreffed in fuch manner as to
leave no doubt of their contents, and in fuch
way as not to be contravened.
Peace and
ART. I. There fhall be a perpetual and con-
friendship ftant peace between the United States of Ame-
rica, and the magnificent Pacha, Bey of Tunis;
and alfo a permanent friendship, which fhall
more and more increaſe.
Reftora-
tion of
found in
ART. II. If a veffel of war of the two nations
fhall make prize of an enemy veffel, in which
fubje&s may be found effects, property and ſubjects of
and goods the two contracting parties, the whole fhall be
reftored: The Bey fhall reftore the property
and fubjects of the United States, and the latter
fhall make a reciprocal reftoration; it being un-
derſtood on both fides, that the just right to
what is claimed fhall be proved.
an ene-
my's vef-
{el.
Enemies
board a
ART. III. Merchandize belonging to any na-
goods on tion which may be at war with one of the con-
veffel of tracting parties, and loaded on board of the
the veffels of the other, fhall pafs without molefta-
ties to be tion, and without any attempt being made to
free. capture or detain it.
par-
en.
ART. IV. On both fides fufficient paffports
Paſſports
to be giv- fhall be given to veffels, that they may be known
and treated as friendly; and confidering the
diſtance between the two countries, a term of
eighteen months is given, within which term
refpect fhall be paid to the faid paffports, with-
out requiring the congé or document (which
( 215 )
at Tunis is called teſta) but after the faid term
the congé fhall be prefented.
be believ-
ART. V. If the corfairs of Tunis fhall meet Comman-
at ſea with fhips of war of the United States, der of a
having under their efcort merchant veffels of convoy to
their nation, they fhall not be fearched or mo- ed upon
lefted; and in fuch cafe the commanders fhall his word
be believed upon their word, to exempt their in order
fhips from being vifited and to avoid quaran- to exempt
tine: The American fhips of war fhall act in fearch
like manner towards merchant veſſels eſcorted and qua-
by the corfairs of Tunis.
it from
-
rantine.
acted for
vifits.
ART. VI. If a Tunifian corfair fhall meet Nothing
with an American merchant veffel, and fhall to be ex-
vifit it with her boat, fhe fhall not exact any
thing, under pain of being feverely puniſhed:
And in like manner if a veffel of war of the
United States fhall meet with a Tunifian mer-
chant veffel, fhe fhall obferve the fame rule.
In caſe a ſlave ſhall take refuge on board of an
American veffel of war, the conful fhall be re- flaves and
Fugitive
quired to cauſe him to be reftored; and if any prifoners.
of their prifoners fhall efcape on board of the
Tunifian veffels, they fhall be reftored: But if
any flave ſhall take refuge in any American mer-
chant veffel, and it fhall be proved that the vef-
fel has departed with the faid flave, then he fhall
be returned, or his ranſom ſhall be paid.
NG
ART. VII. An American citizen having pur- Prize-vef-
chaſed a prize-veſſel from our Odgiak, may fail fels pur-
with our paffport, which we will deliver for the chafed at
Tunis,
term of one year; by force of which our cor- how to ob-
fairs which may meet with her fhall refpect her; tain tem-
the conful on his part thall furnish her with a porary
bill of ſale; and confidering the diftance of the pallports.
two countries, this term thall fuffice to obtain
(216)
}
I
Hofpital-
ity to be
granted
to veffels
?
a paffport in form: But after the expiration of
this term, if our corfairs fhall meet with her
without the paſſport of the United States, ſhe
fhall be stopped and declared good prize, as
well the veffel as the cargo and crew.
ART. VIII. If a veffel of one of the contract-
ing parties fhall be obliged to enter into a port
of the other, and may have need of proviſions
entering and other articles, they fhall be granted to her
the ports without any difficulty, at the price-current at
of the par- the place; and if fuch a veffel fhall have fuf-
fered at ſea, and fhall have need of repairs, fhe
fhall be at liberty to unload, and re-load her
cargo without being obliged to pay any duty;
and the captain fhall only be obliged to pay the
wages of thoſe whom he fhall have employed
in loading and unloading the merchandize.
ties.
Affiftance
to be
to wreck-
ed veffels.
ART. IX. If by accident and by the permiſ-
fion of God, a veffel of one of the contracting
granted parties fhall be caft by tempeft upon the coafts
of the other, and fhall be wrecked, or otherwiſe
damaged, the commandant of the place fhall
render all poffible affiftance for its prefervation,
without allowing any perfon to make any oppo-
fition; and the proprietor of the effects fhall pay
the coſts of falvage to thoſe who may have been
employed.
Neutrali-
forced.
ART. X. In caſe a veſſel of one of the con-
ty of ports tracting parties fhall be attacked by an enemy
to be en- under the cannon of the forts of the other party,
ſhe ſhall be defended and protected as much as
poffible; and when the fhall fet fail, no enemy
ſhall be permitted to purſue her from the fame
port, or any other neighbouring port, for forty-
eight hours after her departure.
( 217 )
ART. XI. When a veffel of war of the Uni- Salutes.
ted States of America fhall enter the port of
Tunis, and the conful fhall requeſt that the caf-
tle may falute her, the number of guns ſhall be
fired which he may requeft; and if the faid con-
ful does not want a falute, there fhall be no
queſtion about it.
But in cafe he fhall defire the falute, and the
number of guns fhall be fired which he may
have requeſted, they fhall be counted and re-
turned by the veffel in as many barrels of can-
non powder.
The fame ſhall be done with refpect to the
Tuniſian corfairs when they ſhall enter any
port of the United States.
ART. XII. When citizens of the United Privileges
States fhall come within the dependencies of of mer-
Tunis, to carry on commerce there, the fame chants.
reſpect ſhall be paid to them which the mer-
chants of other nations enjoy; and if they wiſh
to eſtabliſh themſelves within our ports, no op-
poſition fhall be made thereto; and they fhall.
be free to avail themſelves of ſuch interpreters
as they may judge neceffary, without any ob-
ftruction, in conformity with the ufages of
other nations; and if a Tuniſian ſubject fhall
go to eſtabliſh himſelf within the dependencies
of the United States, he fhall be treated in like
M
manner.
If any Tuniſian ſubject ſhall freight an Ame- Tunifian
rican veffel and load her with merchandize, and fubject
fhall afterwards want to unlade or fhip them freight-
ing an A.
on board of another veffel, we will not permit merican
him, until the matter is determined by a refe- veffel, &c.
rence of merchants, who fhall decide upon the
cale; and after the decifion, the determination
fi.all be conformed to.
No captain fhall be detained in port againſt
VOL. V.
E 2
¡
Embar-
goes.
( 218 )
his confent, except when our ports are ſhut for
the veffels of all other nations, which may take
place with reſpect to merchant veffels, but not
to thofe of war.
Protec-
The fubjects of the two contracting powers
tion of the fhall be under the protection of the Prince, and
fubjects under the jurifdiction of the Chief of the place
where they may be, and no other perſon ſhall
have authority over them. If the commandant
of the place does not conduct himſelf agreeably
to juſtice, a repreſentation of it fhall be made
of the par-
ties.
to us.
Govern-
Tunis
In caſe the government fhall have need of an
ment of American merchant veffel, it fhall cauſe it to
be freighted, and then a fuitable freight fhall
may
freight
be paid to the captain agreeably to the inten-
American tion of the government, and the captain ſhall
not refuſe it.
veffels.
on board
Enemy's ART. XIII. If among the crews of merchant
fubjects, veffels of the United States, there fhall be found
the veffels fubjects of our enemies, they fhall not be made
of the par- flaves, on condition that they do not exceed a
ties, in third of the crew; and when they do exceed a
what cafe third, they ſhall be made flaves: The preſent
they fhall
article only concerns the failors, and not the
be made
Alaves. paffengers, who ſhall not be in any manner mo-
lefted.
Duties to
be reci-
ART. XIV. A Tuniſian merchant, who may
go to America with a veffel of any nation foever,
procally loaded with merchandize which is the produc-
paid.
tion of the kingdom of Tunis, fhall pay duty
(fmall as it is) like the merchants of other na-
tions; and the American merchants fhall equal-
ly pay for the merchandize of their country,
which they may bring to Tunis under their
flag, the fame duty as the Tunifians pay in
Americă.
(219)
But if an American merchant, or a merchant
of any other nation, fhall bring American mer-
chandize under any other flag, he ſhall pay fix
per cent. duty: In like manner, if a foreign
merchant fhall bring the merchandize of his
country under the American flag, he thall alfo
pay fix per cent.
centra-
ART. XV. It fhall be free for the citizens of Liberty
of com-
the United States to carry on what commerce
they pleaſe in the kingdom of Tunis, without merce,
any oppofition, and they fhall be treated like band ex-
the merchants of other nations; but they fhall cepted.
not carry on commerce in wine, nor in prohi-
bited articles: And if any one fhall be detected
in a contraband trade, he ſhall be puniſhed ac-
cording to the laws of the country. The com-
mandants' of ports and caſtles fhall take care,
that the captains and failors ſhall not load pro-
hibited articles; but if this fhould happen, thoſe
who fhall not have contributed to the fmuggling
fhall not be molefted nor fearched, no more than
fhall the veffel and cargo; but only the offender,
who fhall be demanded to be punished. No Privilege
captain ſhall be obliged to receive merchandize of maſters
on board of his veffel, nor to unlade the fame of veſſels.
againſt his will, until the freight ſhall pe paid.
<
ART. XVI. The merchant veffels of the U-
nited States which ſhall caſt anchor in the road
Duty of
of the Gouletta, or any other port of the king- anchor-
dom of Tunis, fhall be obliged to pay the fame age.
anchorage for entry and departure which
French veffels pay, to wit: Seventeen piaſters
and an half, money of Tunis, for entry, if they
import merchandize; and the fame for depar-
ture, if they take away a cargo; but they fhall
not be obliged to pay anchorage if they arrive
in ballaft, and depart in the fame manner.
( 220 )
ART. XVII. Each of the contracting parties
Right of
having a fhall be at liberty to eſtabliſh a conful in the
Conful, dependencies of the other; and if fuch conful
and his does not act in conformity with the ufages of
privileges the country, like others, the government of the
place fhall inform his government of it, to the
end that he may be changed and replaced; but
he fall enjoy, as well for himſelf as his family
and fuite, the protection of the government;
And he may import for his own ule all his pro-
vifions and furniture without paying any duty;
and if he ſhall import merchandize (which it
fhall be lawful for him to do) he fhall pay duty
for it.
ART. XVIII. If the fubjects or citizens of
either of the contracting parties, being within
the poffeffions of the other, contract debts, or
enter into obligations, neither the conful nor
fubjects the nation, nor any fubjects or citizens thereof
contrac- fhall be in any manner refponfible, except they
ting debts or the conful fhall have previouſly become
bound in writing: And without this obliga-
tion in writing, they cannot be called upon
for indemnity or fatisfaction,
&c.
No re-
fponfibi-
lity for
Admini-
decedant.
ART. XIX. In caſe of a citizen or ſubject of
either of the contracting parties dying within
ftration the poffeffions of the other, the conful or the
of the ef- vekil fhall take poffeffion of his effects, (if he
fects of a does not leave a will) of which he fhall make
an inventory; and the government of the place
ſhall have nothing to do therewith. And if
there thall be no conful, the effects fhall be de-
pofited in the hands of a confidential perfon of
the place, taking an inventory of the whole,
that they may eventually be delivered to thoſe
to whom they of right belong.
(221)
tion over
ART. XX. The conſul ſhall be the judge in Conful's
all difputes between his fellow-citizens or fub- jurifdic-
jects, as alfo between all other perfons who may his coun-
be immediately under his protection; and in
all cafes wherein he ſhall require the affiftance
of the government where he refides to fanction
his decifions, it fhall be granted to him.
trymen.
Punish-
ment or
ART. XXI. If a citizen or ſubject of one of
the parties fhall kill, wound, or ftrike a citizen perfonal
or ſubject of the other, juftice (hall be done affaults,
according to the laws of the country where commit-
the offence fhall be committed: The conful ed by the
fubjects of
ſhall be prefent at the trial; but if any offender one party
fhall eſcape, the conful fhall be in no manner upon thofe
reſponſible for it.
of the
other.
ART XXII. If a diſpute or law-fuit on com-
mercial or other civil matters ſhall happen, the
Trial of
trial ſhall be had in the prefence of the conful, on civil
difputes
or of a confidential perfon of his choice, who matters
fhall repreſent him, and endeavour to accom- between
modate the difference which
have hap- them.
may
pened between the citizens or fubjects of the
two nations.
In cafe of
national
**
ART. XXIII. If any difference or diſpute
fhall take place concerning the infraction of any
article of the preſent treaty on either fide, peace differen-
and good harmony fhall not be interrupted, ces, ac-
until a friendly application fhall have been commo-
made for fatisfaction; and refort fhall not be dation to
had to arms therefor, except where fuch appli- tempted
cation fhall have been rejected; and if war be before re-
then declared, the term of one year fhall be al- courfe is
lowed to the citizens or fubjects of the contract- had to
ing parties to arrange their affairs, and to with-
draw themſelves with their property.
be at-
arms.
( 222 )
The agreements and terms above concluded
by the two contracting parties, fhall be punc-
tually obſerved with the will of the Moſt High:
And for the maintenance and exact obfervance
of the faid agreements, we have cauſed their
contents to be here tranfcribed, in the prefent
month of Rebia Elul, of the Hegira one thou-
fand two hundred and twelve, correfponding
with the month of Auguft, of the Chriftian
year one thouſand ſeven hundred and ninety-
feven.
The Aga IBRAHIM DEY'S
SOLIMAN'S
Signature and
Seal.
Signature
and
(Seal)
Seal.
The Bey's
Signature
and
Seal.
WHEREAS the PRESIDENT of the United
States of America, by his letters patent,
under his fignature and the ſeal of State,
dated the eighteenth day of December,
one thouſand ſeven hundred and ninety-
eight, veſted Richard O'Brien, William Eaton,
and James Leander Cathcart, or any two of
them in the abſence of the third, with full pow.
ers to confer, negotiate and conclude with the
Bey and Regency of Tunis, on certain altera-
tions in the treaty between the United States
and the government of Tunis, concluded by
the intervention of Jofeph Etienne Famin, on
behalf of the United States, in the month of
Auguſt, one thouſand ſeven hundred and ninety
feven, We, the underwritten William Eaton
(223)
and James Leander Cathcart (Richard O'Brien
being abſent) have concluded on and entered,
in the foregoing treaty, certain alterations in
the eleventh, twelfth, and fourteenth articles,
and do agree to ſaid treaty with ſaid alterati-
ons, referving the fame nevertheleſs for the
final ratification of the Preſident of the United
States, by and with the advice and conſent of
the Senate.
In teftimony whereof we annex our names
and the confular feal of the United
States. Done in Tunis, the twenty-
fixth day of March, in the year of the
Chriſtian era one thoufand feven hun-
dred and ninety nine, and of American
independence the twenty-third.
(Signed) WILLIAM EATON,
JAMES LEANDER CATHCART.
?
Table of Contents.
act for and fuits and
proceedings in the circuit court for the dif-
trict of Pennſylvania.
An act extending the privilege of franking to Wil-
liam Henry Harriſon, the delegate from the
territory of the United States north-west of the
Ohio; and making provifion for his com-
penſation.
An act, fupplementary to the act, intituled, " An
act to provide for the valuation of lands and
dwelling-houſes, and the enumeration of flaves
within the United States."
An act for the relief of perſons impriſoned for debt.
An act for the prefervation of peace with the Indian
tribes.
and the dependencies thereof.
VOL. V.
F 2
PAGE
ง
3
4
ino
5
6
An act to repeal part of an act, intituled, " An act
to provide for mitigating or remitting the for-
feitures, penalties and diſabilities, accruing in
certain cafes therein mentioned, and to con-
tinue in force the refidue of the fame."
An act for the relief of John Vaughan.
An act giving further time to the holders of milita-
ry warrants, to regiſter and locate the fame. ibid.
An act to fufpend in part, an act, intituled, “An act
to augment
the army
of the United States;
and for other purpoſes.
An act further to fufpend the commercial inter-
courſe between the United States and France,
""
IO
12
13
14
15
.iiTABLE OF CONTENTS.
11
、
An act for the relief of James Yard.
An act providing for the fecond cenfus or enumera-
tion of the inhabitants of the United States.
An act in addition to an act, intituled, " An act re-
gulating the grants of land appropriated for
military fervices, and for the fociety of the
United Brethren for propagating the Goſpel
among the Heathen."
""
PAGE
23
24
32
An act providing for falvage in cafes of re-capture. 38
An act declaring the affent of Congreſs to certain
acts of the ſtates of Maryland and Georgia.
An act to alter the times of holding the district
court in North-Carolina.
42.
43
44
An act for the relief of Campbell Smith.
45
An act to extend the privilege of franking letters
and packages to Martha Waſhington.
An act to eſtabliſh an uniform fyftem of bankruptcy
throughout the United States.
ibid.
An act to diſcharge Robert Sturgeon from his im-
priſonment.
83
An act to allow a drawback of duties on goods ex-
ported to New-Orleans, and therein to amend
the act, intituled, "An act to regulate the col-
lection of duties on imports and tonnage."
An act to continue in force "An act concerning
certain fisheries of the United States, and for
the regulation and government of the fiſher-
men employed therein," and for other purpo-
ſes as therein mentioned.
84
• ibid.
An act to alter the form of certain oaths and affir-
mations directed to be taken by the act, enti-
tled, "An act providing for the fecond cenfus,
or enumeration of the inhabitants of the Uni-
ted States."
An act for the relief of the corporation of Rhode-
Ifland college.
86
87
TABLE OF CONTENTS.
iii
-PAGE
An act to extend the privilege of obtaining patents
for uſeful diſcoveries and inventions, to certain
perfons therein mentioned, and to enlarge and
define the penalties for violating the rights of
patentees.
88
An act to fix the compenfation of the pay-mafter-
general, and affiftant to the adjutant-general. 90
An act to continue in force the act, intituled,
"An
act to authorize the defence of the merchant
veffels of the United States againſt French de-
predations.'
99
An act to continue in force, for a limited time, an
ac, intituled, " An act to prefcribe the mode
of taking evidence in cafes of conteſted elec-
tions for members of the Houfe of Reprefenta-
tives of the United States, and to compel the
attendance of witneſſes.'
"9
An act fixing the rank and pay of the commanding
officer of the corps of marines.
An act ſupplementary to the act to regulate trade
and intercourſe with the Indian tribes, and to
preſerve peace on the frontiers.
An act to eſtabliſh a general ſtamp office.
An act to alter and to eſtabliſh fundry poft roads.
An act for the better government of the navy of the
United States.
91
92
93
94
95
101
108
127
An act reſpecting the mint.
An act to continue in force the act, in addition to
the act for the puniſhment of certain crimes
againſt the United States.
An act to repeal the act laying duties on mills and
implements employed in the manufacture of
fnuff.
129
An act to make further provifion for the removal
and accommodation of the government of the
United States.
128
130
✓
iv
juest 4
TABLE OF CONTENTS.
An act to authorize the Prefident of the United
States, to accept for the United States, a cef-
fion of jurifdiction of the territory weft of
Pennſylvania, commonly called the weftern
referve of Connecticut.
An act to provide for re-building the light-houfe at
New London; for the ſupport of a light-houſe
at Clark's Point; for the erection and fupport
of a light-houſe at Wigwam Point; and for
other purpoſes.
133
136
An act fupplementary to the laws now in force fix-
ing the compenfations of the officers of the Se-
nate and Houſe of Repreſentatives.
An act to divide the territory of the United States
north-weſt of the Ohio, into two ſeparate go-
vernments.
An act to enable the Prefident of the United States
to borrow money for the public fervice.
An act to continue in force an act laying an addi-
tional duty on falt imported into the United
States, and for other purpoſes.
An act to authorize the allowance of a credit to
William Tazewell.
An act to authorize the fale and conveyance of lands
in certain cafes, by the marshals of the United
States, and to confirm former fales.
An act for the regulation of public arfenals and ma-
gazines.
An act making appropriations for the fupport of go-
vernment, for the year one thoufand eight
hundred.
PAGE
An act making appropriations for the military efta-
blifhment of the United States, in the year one
thoufand eight hundred.
An act to establish the diſtrict of Kennebunk, and
to annex Lyme to New-London; to alter the
diſtrict of Bermuda Hundred and City Point,
138
139
*142
144
ibid.
145
147
148
159
TABLE OF CONTENTS.
•
and therein to amend the act, intituled, " An
act to regulate the collection of duties on im-
ports and tonnage.
161
An act fupplemental to the act, intituled, " An act
for an amicable fettlement of limits with the
ftate of Georgia, and authorizing the eſta-
bliſhment of a government in the Miffifippi
territory."
An act in addition to the act, intituled, "An act
""
در
PAGE
<day
to prohibit the carrying on the flave trade
from the United States to any foreign place
or country.'
An act for the relief of Ithamar Canfield.
An act to provide for equalizing the valuations of
unfeated lands.
An act fupplementary to an act, entitled, " An
act to establish the compenfation of the offi-
cers employed in the collection of the duties
on impoft and tonnage."
An act to amend the act, entitled, "An act provi-
ding for the fale of the lands of the United
States in the territory north-west of the Ohio,
and above the mouth of Kentucky river.”
An act to afcertain the compenfation of public mi-
nifters.
164
167
170
171
172
174
187
An act to make appropriations for the navy of the
United States during the year one thouſand
eight hundred.
""
An act fupplementary to the act, intituled, " An
act to eſtabliſh the Treafury Department. 190
An act to authorize the iffuing of certain patents. 191
An act to enlarge the powers of the furveyors of
the revenue.
192
An act to amend an act, intituled, "An act to efta-
blish the judicial courts of the United States. 195
An act to appropriate a certain fum of money to
defray the expenfe of holding a treaty or
treaties with the Indians.
196
188
***
TABLE OF CONTENTS.
vi
PAGE
An act directing the payment of a detachment of
the militia under the command of major Tho-
mas Johnſon, in the year one thouſand ſeven
hundred and ninety-four.
An act to retain a farther fum on drawbacks for
the expenfes incident to the allowance and
payment thereof, and in lieu of ſtamp duties
on debentures.
An act to authorize certain expenditures, and to
make certain appropriations for the year one
thoufand eight hundred.
An act to lay additional duties on certain articles
imported.
An act appointing the time, and directing the place
of the next meeting of Congrefs.
An act to make provifion relative to rations for
Indians, and to their vifits to the feat of go-
vernment.
An act fupplementary to the act eſtabliſhing the
mint, and regulating the coins of the United
States,
197
RESOLUTION making an annual grant of one
hundred dollars to each of the children of
the late colonel John Harding and major
Alexander Trueman.
RESOLUTION recommending to the people of the
United States to affemble, and publicly to
teſtify their grief for the death of general
George Washington.
198
199
201
ibid.
An act fupplementary to the act to fufpend part of
an act, intituled "An act to augment the army
of the United States, and for other purpoſes." 205
An act to make further proviſion for the children
of colonel John Harding, and major Alexan-
der Trueman, deceaſed.
204
207
ibid.
208
209
TABLE OF CONTENTS.
vii
PAGE
a
RESOLUTION directing the Secretary of State to
tranſmit to the governor of North-Carolina a
number of copies of the laws of the United
States.
RESOLUTION requefting the Prefident of the Uni-
ted States to preſent to captain Thomas Trux-
ton, a golden medal, as a teftimony of the high
fenfe entertained by Congrefs of his gallant
conduct in the late action between the United
States frigate Conftellation, and the French
fhip of war La Vengeance.
RESOLUTION authorizing the Preſident of the Uni-
ted States to employ an agent to collect infor-
mation relative to the copper mines on the
fouth fide of Lake Superior.
ibid.
210
211
Treaty of peace and friendſhip between the United
States of America, and the kingdom of Tunis. 213
ACTS
1
PASSED AT THE
SECOND SESSION
OF THE
SIXTH CONGRESS
OF THE
}
UNITED STATES.
1
SIXTH CONGRESS
OF THE
UNITED STATES,
At the fecond feffion, begun and held at the City
of Washington, in the Territory of Columbia,
on Monday the 17th of November, 1800.
CHAPTER LXXII.
AN ACT extending the privilege of franking let-
ters to the delegate from the Territory of the
United States, north-west of the river Ohio;
and making provifion for his compenſation.
Sec. 2. And be it further enacted, That the
prefent delegate from the aforefaid Territory
be authoriſed to receive, free of poftage, un-
der the faid reſtrictions, any letters directed
to him, and which fhall have arrived at the
feat of government, prior to the paſſage of
this act.
L
ters.
E it enacted by the Senate and Houfe of Re-
prefentatives of the United States of Ame-
rica, in Congrefs affembled, That the prefent
delegate to Congrefs from the Territory of Privilege of
the United States, north-weft of the river franking lee-
Ohio, and every future delegate from the faid
Territory, fhall be entitled to the privilege of
fending and receiving letters, free of poſtage,
on the fame terms, and under the fame reftric
tions, as are provided for the members of the
Senate and of the House of Reprefentatives of
the United States, by the Act intituled “An act
to eſtabliſh the poſt-office of the United States."
.
1.
-Sec. 3. And be it further enacted, That the
faid delegate, and every future delegate from Compenfe-
the Territory of the United States, north-weft
of the river Ohio, fhall receive for his travel-
tion.
2
**
$
(228)
་
ling expenfes and attendance in Congrefs, the
fame compenfation as is, or may be allowed,
by law, to the members of the Houfe of Res
prefentatives of the United States; to be cer-
tified and paid in the fame manner.
THEODORE SEDGWICK,
Speaker of the House of Reprefentatives.
TH: JEFFERSON,
Vice-Prefident of the United States and Pre-
fident of the Senate.
Washington, December 15th, A. D. 1800.
APPROVED
JOHN ADAMS,
Prefident of the United States.
*
CHAPTER LXXIII.
B
AN ACT for the relief of Solomon Boſton.
E it enacted by the Senate and Houſe of Re-
• prefentatives of the United States of America,
in Congrefs affembled, That Solomon Bofton,
now confined in the public gaol of Kent Coun
ty in the State of Delaware, be releafed and
diſcharged, and he hereby is releaſed and dif
charged from all claim and demand of the
United States, to a certain.judgment, for a pe-
nalty of one thoufand dollars recovered at
their fuit in the District Court of the District
of Delaware; faving and referving, neverthe-
lefs, the right and intereft which belongs to
any third perfon, if any ſuch exiſt.
THEODORE SEDGWICK,
*
A
Speaker of the House of Reprefentatives.
TH: JEFFERSON,
Vice-Prefident of the United States and Prefi-
dent of the Senate.
APPROVED-January 30, A. D. 1801.
JOHN ADAMS,
Prefident of the United States.
( 229 )
... CHAPTER LXXIV.
for clic en
AN ACT to provide for the erection and fupport
of a Light House on Cape Poge, at the north-
eafterly part of Martha's Vineyard.
E it enacted by the Senate and Houſe of Re-
preſentatives of the United States of Ame-
rica, in Congress affembled, That the Secretary
of the treaſury fhall be, and he is hereby au-
thorized and directed to caufe a fufficient
light-houſe to be erected on Cape Poge (fo
called) on Martha's Vineyard, in the ftate of
Maſſachuſetts, and to appoint a keeper, and
otherwife to provide for the fupport of fuch
light-houſe at the expence of the United States;
Provided that fufficient land for the accommo-
dation of fuch light-houfe, together with the
jurifdiction thereof, fhall be duly and legally
granted to, and vefted in the United States.
**
Sec. 2. And be it further enacted, That there
fhall be, and hereby is appropriated for the
erection of faid light-houfe on Cape Poge, a
fum not exceeding two thousand dollars, to
be paid out of any monies which may be in
the Treaſury of the United States, not other-
wife appropriated.
THEODORE SEDGWICK,
Speaker of the House of Repreſentatives.
TH: JEFFERSON,
Vice-President of the United States and Prefi-
dent of the Senate.
APPROVID―January 30, 1801.
JOHN ADAMS,
Prefident of the United States.
J
( 230 )
1
B
Supreme
Court.
E it enacted by the Senate and House of Re-
prefentatives of the United States of Ame-
Terms of the rica, in Congrefs affembled, That from and af
ter the next feffion of the Supreme Court
of the United States, the faid court fhall be
holden by the juftices thereof, or any four
of them, at the city of Wafhington, and fhall
have two feffions in each and every year there-
after, to commence on the first Monday of
June and December refpectively; and that if
four of the faid juftices fhall not attend with-
in ten days after the times hereby appointed
for the commencement of the faid feffions re-
fpectively, the faid court fhall be continued
over till the next ſtated feffion thereof. Pro-
vided always, That any one or more of the fard
juftices, attending as aforefaid, fhall have pow-
er to make all neceffary orders touching any
fuit, action, appeal, writ of error, procefs,
pleadings, or proceeding, returned to the faid
court or depending therein, preparatory to
the hearing, trial or decifion of fuch action,
fuit, appeal, writ of error, procefs, pleadings
or proceedings.
->>-
It ſhall have
fue certain
writs.
Sec. 2. And be it further enacted, That the
faid court fhall have power, and is hereby au-
power to if thorized, to iffue writs of prohibition, manda-
mus, fcire-facias, habeas corpus, certiorari,
procedendo, and all other writs not fpecially
provided for by ftatute, which may be ne
ceffary for the excercife of its jurifdiction, and
agreeable to the principles and ufages of law.
Sec. 3. And be it further enacted, That from
and after the next vacancy that fhall happen
in the faid court, it fhall confift of five jufti-
1
Number of
judges.
CHAPTER LXXV.
AN ACT to provide for the more convenient or-
ganization of the courts of the United States.
:
( 231 )
ces only; that is to fay, of one chief juftice,
and four affociate juftices.
Divifion of
the ftates in-
to districts in
relation
the district of Vermont
Sec. 4. And be it further enacted, That for
the better eſtabliſhment of the circuit courts
of the United States, the faid ſtates fhall be, to lion to
and hereby are divided into districts, in man- the Circuit
ner following; that is to fay; one to confiſt of courts,
that part of the ſtate of Maffachuſetts, which
is called the diſtrict of Maine, and to be cal-
led the diſtrict of Maine; one to confift of the
ftate of New-Hampfhire, and to be called the
diſtrict of New-Hampfhire; one to confift of
the remaining part of the ftate of Maſſachu-
fetts, and to be called the diftrict of Maffachu-
fetts; one to confift of the ftate of Rhode-
Illand and Providence Plantations, and to be
called the diftrict of Rhode-Ifland; one to
confiſt of the ſtate of Connecticut, and to be
called the diftrict of Connecticut; one to con-
fift of the ſtate of Vermont, and to be called
one to confift of that
part of the ſtate of New-York which lies north
of the counties of Dutchefs and Ulſter, and to
be called the diſtrict of Albany; one to confift
of the remaining part of the ftate of New-
York, and to be called the diftrict of New-
York; one to confift of the ſtate of New-Jer-
fey, and to be called the diftrict of Jerfey;
one to conſiſt of that part of the ftate of
Pennfylvania which lies eaft of the river Suf
quehanna, and the north-eaft branch there-
of, to the line betwixt Northumberland and
Luzerne Counties; thence weftwardly along
the faid line, betwixt Northumberland and
Luzerne, and betwixt Luzerne and Lycoming
counties, until the fame ftrikes the line of the
ftate of New-York, and to be called the Eaſtern
diſtrict of Pennſylvania; one to confift of the
remaining part of the ftate of Pennſylvania,
*
>
( 232 )
mountzias to
Water and
be cd
as wirin
both the
7
and to be called the Weftern diftrict of Penn.
fylvania; one to confift of the ſtate of Dela-
ware, and to be called the diftri&t of Delaware;
one to confift of the ftate of Maryland, and to
be called the diſtrict of Maryland; one to con-
fift of that part of the ftate 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 eaft fide thereof from thoſe
on the weft fide thereof, to the North Caro-
lina line, to be called the eaftern diftrict of
Virginia; one to confift of the remaining part
of the faid ftate of Virginia, to be called the
western diftrict of Virginia; one to confift
of the ſtate of North-Carolina, and to be cal.
led the diftrict of North-Carolina; one to con
fift of the ſtate of South-Carolina, and to be
called the diftrict of South-Carolina; one to
confift of the ſtate of Georgia, and to be cal-
led the diftrict of Georgia; one to confift of
that part of the ftate of Tenneffee which lies
on the eaft fide of Cumberland mountain, and
to be called the diftrict of Eaft Tenneffee; one
to confift of the remaining part of the faid flate,
and to be called the district of Weft Tenneffee;
one to confift of the ſtate of Kentucky, and to
be called the diftrict of Kentucky; and one to
confift of the territory of the United States
north-weft of the Ohio, and the Indiana ter-
ritory and to be called the diftrict of Ohio.
Sec. 5. And be it further enacted, That
where any two adjoining diftricts of the United
States fhall be divided from each other, in
whole or in part, by any river, bay, water,
water courſe or mountain, the whole width of
fuch river, bay, water, water courfe or moun-
tain, as the cafe may be, fhall be taken and
6
i
1
( 233 )
!
tricts..
deemed, to all intents and purposes, to be with adjoining dif
in both of the diftricts fo to be divided thereby.
tricts into
Sec. 6 And be it further enacted, That the
faid diftricts thall be claffed into fix circuits in Claffification
manner following; that is to fay: the first cir- of the o
cuit fhall confift of the districts of Maine, New- circuits.
Hampſhire, Maffachuſetts, and Rhode-Ifland;
the fecond, of the diftricts of Connecticut, Ver-
mont, Albany and New-York; the third, of
the districts of Jerfey, the Eaſtern and Weſtern
diftricts of Pennſylvania and Delaware; the
fourth, of the diftricts of Maryland, and the
Eaftern and Western diſtricts of Virginia; the
fifth, of the diſtricts of North-Carolina, South-
Carolina and Georgia; and the fixth, of the
diftricts of East Tenneffee, Weft Tenneffee,
Kentucky, and Ohio.
2.
Sec. 7. And be it further enacted, That
there fhall be in each of the aforefaid circuits,
except the fixth circuit, three judges of the
United States, to be called circuit judges, one
of whom fhall be commiffioned as Chief Judge;
and that there fhall be a circuit court of the
United States, in and for each of the aforefaid
circuits, to be compofed of the circuit judges
within the five firſt circuits reſpectively, and
In the fixth circuit, by a circuit judge, and the
judges of the district courts of Kentucky and.
Tenneffee; the duty of all of whom it fhall
be to attend, but any two of whom fhall form
a quorum; and that each and every of the
faid circuit court fhall hold two feffions annu-
ally, at the times and places following, in and
for each diftrict contained within their fever-
al circuits refpectively that is to fay, the cir-
cuit court of the firft circuit, at Providence, ding the cir-
on the eighth day of May,and at New-port,on
the first day of November, in and for the
Hhod
-
Times of ho!-
court
•
!
}
Judges to be
appointed
for the cir-
cuits.
f
(234)
{
Times of
holding the
circuit courts.
<
diſtrict of Rhode-Ifland; at Boſton, in and for
the diſtrict of Maffachuſetts, on the twenty-
fecond day of May and fifteenth day of Octo-
ber; at Portſmouth on the eighth day of June,
and at Exeter on the twenty-ninth day of Sep-
tember, in and for the diſtrict of New-Hamp-
fhire; in and for the diſtrict of Maine, at Port-
land on the fifteenth day of June, and at Wif
caffet on the twenty-fecond day of September.
The circuit court of the fecond circuit, at
New-Haven on the fifteenth day of April;
and at Hartford, on the twenty-fifth day of
September, in and for the diſtrict of Connec-
ticut; at Windfor, on the fifth day of May,
and at Rutland on the fifteenth day of Octo-
ber, in and for the diſtrict of Vermont; at the
city of Albany, in and for the diſtrict of Al-
bany, on the twentieth day of May and twen-
ty-fifth day of October; at the city of New-
York, in and for the diſtrict of New-York on
the fifth day of June and the tenth day of No-
vember. The circuit court of the third cir-
cuit, at Trenton, in and for the diſtrict of Jer-
fey, on the ſecond days of May and October;
at the city of Philadelphia, in and for the Eaf-
tern diſtrict of Pennſylvania, on the eleventh
day of May and eleventh day of October ; at
Bedford, in and for the Weſtern diftrict of
Pennſylvania, on the twenty-fifth day of Juue
and twenty-fifth day of November; and at
Dover, in and for the diftrict of Delaware, on
the third day of June and twenty-feventh day
of October. The circuit court of the fourth cir-
cuit, at Baltimore, in and for the diftrict of
Maryland, on the twentieth day of March and
fifth day of November; at Lexington in Rock-
bridge county, in and for the Weſtern diſtrict
of Virginia, on the fifth day of April and twen-
wath day of November; and at the city of
(235)
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 dif
trict of North-Carolina, on the firſt day of
June and firſt day of November; at Charleſ-
ton on the fixth day of May, and at Colum-
bia on the thirtieth day of November, in and
for the diſtrict of South-Carolina; at Savan-
nah on the tenth day of April, and at Auguf
ta, on the fifteenth day of December, in and
for the diſtrict of Georgia; and the circuit court
of the fixth circuit at Knoxville, in and for
the diſtrict of Eaft Tenneffee, on the twenty-
fifth day of March and twenty-fifth day of Sep-
tember; at Naſhville, in and for the diſtrict of
Weſt Tenneſſee, on the twentieth day of April
and twentieth day of October; and at Bairds-
town, in and for the diſtrict of Kentucky, on
the fifteenth day of May and fifteenth day of
November; and at Cincinnati in and for the dif-
trict of Ohio, on the tenth day of June and on
the tenth day of December; and fo on the fev-
eral days and at the ſeveral places aforefaid, in
each and every year afterwards; Provided al-
ways, That when any of the faid days fhall hap-
pen on Sunday, then the faid court hereby di-
rected to be holden on fuch day, fhall be holden
on the next day thereafter; and provided alfo,
that there ſhall be appointed, in the fixth cir-
cuit, a judge of the United States, to be cal-
led a circuit judge, who together with the dif
trict judges of Tenneffee and Kentucky, fhall
hold the circuit courts, hereby directed to be
holden, within the faid circuit; and that when-
ever the office of diftrict judge, in the diſtricts
of Kentucky and Tenneffee refpectively, fhall
become vacant, fuch vacancies fhall refpec-
-
-
'
( 236 )
;
Sec. 8. Provided always, and be it further
enacted, That the faid circuit courts hereby
eſtabliſhed ſhall have power, and hereby are
authorized to hold ſpecial feffions, for thetrial
of criminal cauſes, at any other time or times
than is hereby directed, at their diſcretion.
Sec. 9. And provided alfo, and be it further
enacted, That if in the opinion of any judge
of any of the faid circuit courts, it fhall be
dangerous to hold the next ftated feffion of
fuch court, for any diſtrict within the circuit to
which fuch judge fhall belong, at the place by
law appointed for holding the fame; it fhall
be lawful for fuch judge to iffue his order, un-
der his hand and feal, to the marſhal of fuch
court, directing him to adjourn the ſaid fef-
fion, to fuch other place within the fame dif-
trict as the faid judge fhall deem convenient;
which faid marthal thall, thereupon adjourn
the faid court purſuant to fuch order, by mak-
ing, in one or more public papers, printed
within the faid diftrict, publication of fuch or-
der and adjournment, from the time when he
fhall receive fuch order, to the time appoint-
ed by law for commencing fúch ftated feffion;
And that the court fo to be held, according
to and by virtue of fuch adjournment, fhall
have the fame powers and authorities, and
fhall proceed in the fame manner, as if the
fame had been held at the place appointed by
law for that purpoſe.
Sec. 10. And be it further enacted, That the
circuit courts fhall have, and hereby are invef-
thout coute, ted with, all the powers heretofore granted
General pow-
ers of the
The circuit
Courts may
Fold ſpecial
fffioas.
A judge of
the circuit
court may
alter the
place of its
Lecting.
I
tively, be fupplied by the appointment of two
additional circuit judges, in the faid circuit,
who, together with the circuit judge firft afore-
faid, fhall compofe the circuit court of the faid
circuit.
1
( 237 )
by law to the circuit courts of the United
States, unleſs where otherwife provided by
this act.
Sec. 11. And be it further enacted, That the
faid circuit courts refpectively fhall have cog- Subjects of the
nizance of all crimes and offences cognizable the circuit
cognizance of
under the authority of the United States, and courts.
committed within their refpe&tive diſtricts, or
upon the high feas; and alfo of all cafes in law
or equity, arifing under the conftitution and
laws of the United States, and treaties made,
or which ſhall be made, under their authority;
and alfo of all actions, or fuits of a civil na-
ture, at common law, or in equity, where the
United States fhall be plaintiffs or complain-
ants; and alſo of all feizures on land or water,
and all penalties and forfeitures, made, arif-
ing or accruing, under the laws of the United
States; which cognizance of all penalties and
forfeitures fhall be exclufively of the ftate
courts, in the faid circuit courts, where the
offence, by which the penalty or forfeitureis in-
curred, ſhall have been committed within fifty
miles of the place of holding the faid courts;
and alfo of all actions, or fuits, matters or
things cognizable by the judicial authority of
the United States, under and by virtue of the
conftitution thereof, where the matter in dif
pute fhall amount to four hundred dollars,
and where original juriſdiction is not given by
the conſtitution of the United States to the fu-
preme court thereof, or exclufive juriſdiction
by law to the district courts of the United
States: Provided always, That in all cafes.
where the title, or bounds of land fhall come
into queftion, the juriſdiction of the faid cir-
cuit courts fhall not be reftrained, by reafon
of the value of the land in difpute.
4:
A
(238)
t
Sec. 12. And be it further enacted, That the
and judges
to have cog-
lax.
Circuit courts faid circuit courts reſpectively ſhall have cog-
nizance concurrently with the district courts,
nizance under of all cafes which fhall arife, within their re-
the bankrupt fpective circuits, under the act to eſtabliſh an
uniform fyftem of bankruptcy throughout the
United States; and that each circuit judge,
within his refpective circuit, fhall and may
perform all and fingular the duties enjoined
by the faid act, upon a judge of a diftrict
court: And that the proceedings under a com-
miffion of bankruptcy, which fhall iffue from
a circuit judge, fhall in all refpects be con-
formable to the proceedings under a com-
miffion of bankruptcy, which fhall iffue from
a diſtrict judge, mutatis mutandis.
may be re-
moved from
the ſtate
courts.
Sec. 13. And be it further enacted, That
Certain fuits where any action or ſuit ſhall be, or ſhall have
been commenced, in any ftate court within
the United States, againſt an alien, or by a ci-
tizen or citizens of the ſtate in which fuch fuit
or action ſhall be, or fhall have been com-
menced againſt a citizen or citizens of another
ſtate, and the matter in diſpute, except in caſes
where the title or bounds of land fhall be in
queſtion, fhall exceed the fum or value of four
hundred dollars, exclufive of cofts, and the
defendant or defendants in ſuch ſuit or action
fhall be perfonally ſerved with the original
proceſs therein, or fhall appear thereto; or
where, in any fuit or action, fo commenced
or to be commenced, final judgment, for a
fum exceeding four hundred dollars, excluſive
of coſts, fhall have been rendered in fuch ſtate
court, againſt fuch defendant or defendants,
without return of perfonal fervice on him, her,
or them, of the original proceſs in ſuch ſuit or
action, and without an appearance thereto, by
*
E
( 239 )
him, her, or them, and a writ of error, or
writ of review, fhall be brought by fuch de-
fendant or defendants, in fuch ftate court, to
reverſe the ſaid judgment; or where
any fuit
or action ſhall have been, or fhall be com-
menced in any
fuch court, againſt any perfon
or perfons, in any cafe arifing under the con-
ftitution or laws of the United States, or trea-
ties made or to be made under their authori-
ty; then, and in any of the faid cafes, it ſhall
be lawful for the defendant or defendants, in
fuch fuit or action, at the time of entering his,
her, or their appearance thereto, and for the
plaintiff, or plaintiffs in fuch writ of error,
or writ of review, at the time when fuch writ
fhall be returnable, to file in ſuch court a pe-
tition for the removal of ſuch fuit, 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 diftri&t within which
ſuch ſtate court fhall be holden, and to offer
to fuch ſtate court, good and fufficient furety
for entering, in fuch circuit court, on the firſt
day of its next enfuing feffion, true copies of
the proceſs and proceedings, in fuch action,
fait, writ of error, or writ of review, and alſo
for his, her, or their appearance in the faid cir-
cuit court, at the period aforefaid, and then
and there entering fpecial bail, in the faid fuit
or action, if ſpecial bail was originally demand-
able, and demanded therein; whereupon it
fhall be the duty of the faid ftate court to ac-
cept the ſaid fecurity, and to ſtay all further
proceedings in 'fuch fuit, action, writ of error,
or writ of review, and to diſcharge any bail
that may have been given therein; and that
the faid copies being filed as aforefaid in fuch
eircuit court, and fpecial bail, in manner a-
I
3
ļ
(240)
may be re-
moved from
the state
courts.
Certain fuits forefaid, being given therein, fuch fuit, action,
writ of error, or writ of review, fhall be there-
in proceeded on, tried, heard and determin-
ed, in the fame manner as if there originally
commenced or brought: Provided always,
That any attachment of the goods or eftate of
the defendant, by the original proceſs in fuch
fuit or action, fhall hold the goods or eſtate fo
attached, to anſwer the final judgment in the
faid circuit court, in the fame manner as by
the laws of the ftate they would have been hol-
den, to anſwer the final judgment, had it been
rendered by the court, in which the fuit or ac-
tion was commenced.
Sec. 14. And be it further enacted, That
when any fuit or action, commenced, or to be
commenced, in any ftate court within the U-
nited States,between citizens of the fame ſtate,
the title or bounds of land fhall come into
queſtion, it ſhall be lawful for either party, be-
fore trial, to ftate to the faid court, and inake
affidavit if thereby required, that he, ſhe, or
they, doth or do claim under, and at the hear-
ing or trial fhall rely upon a right or title to
the lands in difpute, under a grant, or grants,
from a ſtate other than that wherein ſuch fuit
or action is, or fhall be pending; and to pro-
duce to the faid court the original grant, or
grants, fo claimed under, or exemplifications
thereof, except in cafes where the lofs of pub-
lic records fhall put it out of his, her or their
power fo to do; and to move that the adverſe
party do inform the faid court,forthwith, whe-
ther he, fhe, or they, doth or do claim the land
in difpute, under a grant or grants from the
ftate wherein fuch fuit or action is, or fhall be
pending; whereupon the faid adverfe party
fhall give fuch information, or otherwife not
·
1
(241)
be allowed to plead, or give in evidence, in
the cauſe any ſuch grant; and that if it ſhall
appear from fuch information, that the faid
adverfe party doth claim the faid lands, under
any fuch grant, or grants, then it fhall be
lawful for the party moving for fuch informa-
tion, if plaintiff or complainant in the ſaid ſuit
or action, to remove the fame, by motion, to
the next circuit court of the United States,
hereby directed to be holden in and for the
district within which fuch ſtate court fhall be
holden; and if defendant in the ſaid ſuit or
action, then to remove the fame, as aforeſaid,
in the fame manner, and under the like regu-
lations, terms, and conditions, as are provided
in and by the preceding fection of this act, in
the cafe of actions thereby directed to be re-
moved; and that the faid circuit courts refpec-
tively, into which fuch fuit, or action, ſhall be
removed, purſuant to the provifions in this
fection contained, fhall proceed in, try, hear
and determine the fame, in like manner as if
therein brought by original proceſs: Provided
always, That neither party, fo removing any
fuit or action, fhall 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, fo ſtated as aforefaid, as the ground
of his, her, or their claim.
-
Sec. 15. And be it further enacted, That any
one judge of any of the faid circuit courts fhall
be, and hereby is, authoriſed and empowered,
to hold the fame from day to day, not exceed-
ing five days, to impannel and charge the grand
jury, to order proceſs on any indictment or pre-
fentment found in the faid court; to direct fub-
pœnas for witneffes to attend the fame, and
the requifite procefs on the non-attendance of
I i
One jaåge af
the circuit
count may
hold the court
for five days
and do certain
acts therein.
1
1242 ).
In civil fuits
no arreft fhall
be made in one
diftrict for tri-
al in another,
nal civil pro-
and no origi-
sefs shall be
11
witneffes or jurors; to receive any prefent,
ment or indictment from the grand jury; to
take recognizance for the attendance of any
witneſs, or for the appearance of any perfon,
prefented or indicted; to award and iffue pro-
cefs, and order commitment for contempts;
to commit any perfon prefented or indicted,
for want of fecurity or otherwife; to order
publication of teftimony; to iffue commiffions
for the examination of witneffes, where allow-
able by law; to grant rules and orders of fur-
vey; to take order, where neceffary, relative
to jurors, to ferve at the next ſtated feffion of
the faid court; to direct the examination of
witneffes de bene effe, where allowed by law ;
to make rules of reference by confent of par-
ties and to grant continuance on the motion
of either party, upon fuch terms and condi-
tions, as fhall be agreeable to practice and the
ufages of law; and that if fome other judge of
the faid court fhall not attend the fame within
five days after the commencement thereof, in-
clufive, then the faid court fhall, by virtue of
this act, be continued over to the next ſtated
feffion thereof; in which cafe, all writs, pro-
cefs, and recognizance, returned and return-
able to the faid court, and all actions, fuits,
procefs, pleadings, and other proceedings of
what nature or kind foever, depending before
the faid court, fhall, by virtue of this act, be
continued to the next ftated feffion of the fame.
$
Y
Sec. 16. And be it further enacted, That no
perfon ſhall be arreſted in one of the faid dif
tricts for trial in another, before any of the
faid circuit courts in any civil action; and that
no civil action or fuit fhall be brought before
any of the faid courts, by any original procefs,
againſt an inhabitant of the United States, in
( 243 )
againſt inhabi-
fuch as are
any other diftrict than that whereof he is an brought but
inhabitant, or in which he fhall be found at the tants of the
time of ferving the writ; nor fhall any diſtrict district or
or circuit court have cognizance of any fuit to found thereis.
recover the contents of any promiffory note, or
other chofe in action, in favour of an affignee,
unleſs a fuit might have been profecuted in
fuch court to recover the faid contents, if no
affignment had been made, except in caſes of
foreign bills of exchange.
Sec. 17. And be it further enacted, That the
trials of all iffues of fact, before any of the cir- Trial by jury.
cuit courts hereby eſtabliſhed, except in cafes
of equity, and admiralty and maritime jurif
diction, fhall be by jury.
Sec. 18. And be it further enacted, That any
judge of any of the faid circuit courts fhall
be, and hereby is, authorized and empowered,
in all cafes cognizable by the circuit court, injunctions.
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 fuch circuit courts, upon the like
terms and conditions as fuch writs may be now
granted, by the juftices of the Supreme Court
of the United States.
Sec. 19. And be it further enacted, That if
in the opinion of any circuit judge, of the cir-
cuit within which fuch diſtrict may be fituated,
the life or lives of any perfon or perſons, con-
fined in the priſon of fuch diftrict, under or
by virtue of any law of the United States, fhall
be in imminent danger, arifing from the place
of fuch confinement, it fhall, in fuch cafe, be
lawful for fuch judge, and he is hereby au-
thorized and impowered, to direct the marſhal
of fuch diftrict to remove, or caufe to be re-
moved, the perfon or perfons fo confined, to
Suits founded
on affign-
ments.
1
Writs of ne-
exeat and
Removal of
prifoners in
cafe of danger.
( 244 )
the next adjacent prifon, there to be confined,
until he, fhe, or they, may ſafely be removed
back, to the place of his, her, or their firft con..
finement; and that the faid removals fhall be
at the expence of the United States.
or fuits now
depending in,
tae circuit
courts.
Sec. 20. And be it further enacted, that all
ntinuance actions, fuits, proceſs, pleadings, and other
proceedings of what nature or kind foever, de-
pending or exifting in any of the preſent cir-
cuit courts of the United States, or in any of
the prefent diſtrict courts of the United States,
acting as circuit courts, ſhall be, and hereby
are, continued over to the circuit courts eftab-
lifhed by this act, in manner following; that
is to fay; all fuch as fhall, on the fifteenth day
of June next, be depending and undetermined,
or fhall then have been commenced and made
returnable before the diftrict 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 fuch as fhall be
depending and undetermined before the cir-
cuit 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 fuch as fhall be depending and
undetermined before the circuit court for the
diftrict of Maffachuſetts, to the next circuit
court hereby directed to be holden, within and
for the district of Maffachuſetts; all fuch as
fhall 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 diſtrect of Rhode-
Ifland; all fuch as fhall be depending or unde-
termined before the circuit court for the dif
trict of Connecticut, to the next circuit court
hereby directed to be holden, within and for
L.
•
( 245 )
O
the diſtrict of Connecticut; all fuch as fhall
be depending and undetermined, before the
circuit court for the district of Vermont, to
the next circuit court hereby directed to be
holden, within and for the diftrict of Ver-
mont; all fuch as fhall be depending and un-
determined before the circuit court for the dif
trict of New-York, to the next circuit court
hereby directed to be holden, within and for
the diſtrict of New-York; all fuch as fhall be
depending and undetermined before the cir-
cuit court for the diſtrict of New-Jerſey, to the
next circuit court hereby diricted to be hol-
den, within and for the diſtrict of Jerſey; all
fuch as fhall be depending and undetermined
before the circuit court for the diftrict of Penn-
fylvania, to the next circuit court hereby direc
ted to be holden, within and for the eaſtern dif
trict of Pennſylvania; all fuch as fhall be de-
pending and undetermined before the circuit.
court for the diftrict of Delaware, to the next
circuit court, hereby directed to be holden,
within and for the diftrict of Delaware: all-
fuch as fhall be depending and undetermined
before the circuit court for the diſtrict of Ma-
ryland, to the next circuit court hereby direct-
ed to be holden, within and for the diſtrict of
Maryland; all fuch as fhall be depending and
undetermined before the circuit court for the
diſtrict of Virginia, to the next circuit court.
hereby directed to be holden within and for
the eaſtern diſtrict of Virginia; all fuch as fhall
be depending and undetermined before the
circuit court for the diftrict of North-Carolina,
to the next circuit court hereby directed to be
holden, within and for the diftrict of North-
Carolina; all fuch as fhall be depending and
undetermined before the circuit court for the
1
{
1
(246)
diftrict of South Carolina, to the next circuit
court hereby directed to be holden, ' within
and for the diſtrict of South-Carolina; all fuch
as fhall be depending and undetermined be-
fore the circuit court for the diftrict of Geor-
gia, to the next circuit court hereby directed
to be holden, within and for the diftrict of
Georgia; all fuch as fhall be depending and
undetermined before the diſtrict court of Ten-
neffee, acting as a circuit court, to the next
circuit court hereby directed to be holden,
within and for the diſtrict of Eaft Tenneffee':
all ſuch as ſhall be depending and undetermi-
ned before the diftrict court of Kentucky, ac-
ting as a circuit court, to the next circuit court
hereby directed to be holden, within and for
the diſtrict of Kentucky; and fhall there be
equally regular and effectual, and fhall be pro-
ceeded in, in the fame manner as they could
have been, if this act had not been made.
↓
Additional
eftablished.
Sec. 21. And be it further enacted, That for
the better diſpatch of the bufinefs of diftrict'
district courts Courts of the United Stated, in the diftricts of
Jerfey, Maryland, Virginia, and North-Caro-
lina, additional diftrict courts fhall be eftab-
liſhed therein, in manner following, that is to
fay: The ſaid diſtrict of Jerfey fhall be dr
vided into two diftricts; one to canfift of that
part thereof, which is called Eaft New-Jerſey,
and to be called the diftrict of Eaft Jerſey; a
diftrict court, in and for which, fhall be hol-
den at New-Brunſwick, by the diſtrict judge
of the diſtrict of Jerſey, on the fourth Tuef-
day in May, and on the fourth Tueſday in No-
vember, in each and every year; and one other,
to confift of the remaining part of the faid dif-
trict of Jerſey, and to be called the diftrict of
Weft-Jerſey, a diftrict court, in and for which
( 247 )
T4
fhall be holden at Burlington, by the diſtrict,
judge laſt aforeſaid, on the fourth Tueſday in
February, and on the fourth Tueſday in Au-
guft, in each and every year: And a new dif
trict fhall be eſtabliſhed, in the diſtricts of
Maryland and Virginia, to confift of the terri-
tory of Columbia, of all that part of the dif-
trict of Maryland, which lies weft and fouth-
weft of the river Patuxent, and of the weſt-
ern branch thereof, and fouth of the line which
divides the county of Montgomery in the laſt
mentioned diſtrict, from the county of Fred-
erick, and of a line to be drawn from the ter-
mination of the lafl mentioned line, a northeaft
courſe to the weſtern branch of the Patuxent;
and of all that part of the diftrict of Virginia,
which lies north of the river Rappahannock,
and east of the line which divides the counties
of Fauquier and Loudon, in the laft mentioned
diftrict, from the counties of Fairfax, Prince
William, and Stafford; which new diſtrict.
fhall be called the diftrict of Potomac, and a
diftrict court in and for the fame, fhall be hal-
den at Alexandria, by the diſtrict judge of the
diſtrict of Maryland, on the firft Tueſday in
April, and the firft Tueſday in October, in
each and every year: And there fhall be a new
diftrict established in the diftrict of Virginia, to
be called the diſtrict of Norfolk, and to confift
of all that part of the ſaid diſtrict of Vir-
ginia, which is contained within the counties
of Iſle of Wight, Nanfemond, Norfolk, Prin-
cefs Anne, James City, New-Kent, Warwick,
York, Elizabeth City, Glouceſter, Matthews,
Middlefex, Accomac, and Northampton; a
district court, in and for which diftrict of
Norfolk, fhall be holden at Norfolk, by the
diſtrict judge of the diftrict of Virginia, on the
*
1
:
Sa
( 248 )
eftablished.
Additional firſt Tueſday in February, on the firft Tueſday
district courts in May, on the firft Tueſday in Auguft, and
on the firſt Tueſday in November, in each and
every year: And the diftrict of North-Caroli-
na fhall 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 diftrict of Albemarle,
and a diſtrict court, in and for the fame, fhall
be holden at Edenton, by the diſtrict judge of
the diſtrict of North-Carolina, on the third
Tueſday in April, on the third Tueſday in Au-
guſt, and on the third Tueſday in December,
in each, and every year; one other to be cal-
led the diftri&t of Pamptico, and to conſiſt of
all that part of the district of North-Carolina
aforefaid which by the laws of the faid ftate
now forms the diſtrict of Newbern and Hillf.
borough, together with all that part of the dif
trict of Wilmington, which lies to the north-
ward and eastward of the river called New
River, and for which diſtrict of Pamptico, a
diſtrict court fhall be holden at Newbern, by
the diſtrict judge laft aforefaid, on the firft
Tueſday in April, on the firft Tueſday in Au-
guft, and on the firſt Tueſday in December, in
each and every year: And one other to conſiſt
of the remaining part of the faid diftrict 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 aforefaid, on the laft Tueſday in
March, on the laſt Tueſday in July, and on
the laſt Tueſday in November, in each, and
every year; which faid courts, hereby direct-
ed to be holden, ſhall ſeverally and reſpective-
ly have and exerçife, within their feveral and
( 249 )
and reſpective districts, the fame powers, ani,
thority, and jurifdiction, in all cafés and re-
ſpects whatsoever, which are veſted by law in
the district courts of the United States.
{
Sec. 22. And be it further enacted, That there
fhall be clerks for each of the faid courts, to
be appointed by the judge thereof, which
clerks fhall refide and keep the records of the ed
faid courts, at the places of holding the courts,
whereto they refpectively fhall belong, and
fhall perform the fame duties, and be intitled
to and receive the fame emoluments and fees,
which are eſtabliſhed by law, for the clerks of
the diſtrict courts of the United States refpec-
tively; 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, fhall continue
to be maríhals and attornies for the courts here-
by appointed to be holden within the limits
of their prefent diſtricts reſpectively, and fhall
have, exerciſe, and perform, within the jurif
dictions of thofe courts reſpectively, all the
powers and duties, and receive all the fees and
emoluments, appointed and eſtabliſhed by law,
for the marthals and attornies of the United
States.
1
Sec. 23. And be it further enacted, That the
ftated feffions of the diſtrict court of the district
of Maryland ſhall hereafter be holden at Bal-
timore only.
… Séc. 24. And be it further enacted, That the
district courts of the United States, in and for
the diftricts of Tenneffee and Kentucky, fhall
be, and hereby are, abolished; and that all
and fingular the powers, authority and jurif.
diction of the faid courts reſpectively fhall be
and hereby are vefted in, and fhall be exer-
Kk
$
Clerks of the
diftrict courts
to be appoint-
Marthals and
attornies to
act in the fub-
divifions of
their districts
Diarist cons
of Maryland
to be held at
Baltimore on
ly.
District courts
en city
of Lenn jlesz
abies,
( 250 )
ifed by the circuit courts, by this act directed
to be holden in and for the diftricts of Eaſt
Tenneffee, Weft Tenneffee and Kentucky, re-
ſpectively, within the limits of their refpective
jurifdictions; and that the circuit judges to be
cuit to have appointed for the fixth circuit aforefaid, feve-
the powers of rally, fhall be inveſted with, poffefs and exer-
diſtrict judg- cife, all and fingular the powers, now veſted
by law in the district judges of the United
States.
Judges for
the 6th cir-
es.
Sec. 25. And be it further enacted, That in
ability of the
may act.
In cafe of in- caſe of the inability of the diſtrict judge of ei-
diftrict judge, ther of the districts of the United States, to
a circuit judge perform the duties of his office, and fatisfactory
evidence thereof being fhewn to the circuit
court, in and for fuch diftrict, it fhall be the
duty of fuch circuit court, from time to time,
as occafion may require, to direct one of the
judges of faid circuit court, to perform the
duties of fuch diftri&t judge, within and for
faid district, for and during the period, the in-
ability of the diftrict judge fhall continue:
And it ſhall be the duty of the circuit judge,
to whom the duties of the diſtrict judge fhall
be affigned in manner aforefaid, and he is
hereby authorized to perform the duties of
faid diſtrict judge, during the continuance of
his difability.
Clerks of the
circuit courts
ed.
Sec. 26. And be it further enacted, That the
feveral circuit courts hereby eſtabliſhed fhall
have power to appoint clerks for their refpec-
to he appoint- tive courts; that is to fay, one for each dif
trict within which fuch court is or fhall be di-
rected by law to be holden; which clerks re-
fpectively ſhall take the fame oath or affirmation,
and give the like bonds, as are by law required
to be taken and given by the clerk of the fu-
preme court of the United States; and fhall
{
(251)
be entitled to demand and receive, for their
fervices refpectively, the fame fees, to be re-
covered in the fame manner, as have hereto-
fore been allowed by law, for the like fervices,
to the tlerks of the circuit and diftrict courts.
of the United States.
cuit courts
abolished.
Sec. 27. And be it further enacted, That the
circuit courts of the United States, heretofore Former cir-
eftabliſhed, fhall ceafe and be abolished; and
that the records and office papers of every kind,
belonging to thofe courts refpectively, fhall
be fafely kept by the clerks thereof, who fhall
continue in all refpects to act as herefore in
the buſineſs of the faid courts, until it fhall
otherwife be ordered by the courts hereby
eſtabliſhed.
}
constituted
Sec. 28. And be it further enacted, That the Certain courts
fupreme, circuit and diſtrict courts of the Uni- courts of re-
ted States, fhall be, and hereby are, confti-
tuted courts of record.
cord.
Sec. 29. And be it further enacted, That Teft, figning
all writs and proceffes whatſoever, iffuing from and return of
any of the circuit courts, hereby eſtabliſhed, writs.
fhall, after the first day of April next, bear
teft of the prefiding judge of fuch court; be-
fore which time they fhall bear teft of the Chief
Juftice of the United States; all which faid
writs and proceffes fhall be figned by the
clerks of the courts refpectively, from which
the fame fhall iffue, and fhall be made return-
able to the next ſtated or ſpecial feffion of fuch
court, and all writs and proceffes which have
iffued, or which may iffue before the firſt day
of April next, returnable to the circuit courts.
heretofore eſtabliſhed, or to any district court
acting as a circuit court, fhall be returned to
the circuit courts hereby eſtabliſhed, and ſhall
be there proceeded in, in the fame manner, as
( 252 )
誓
​}
fupreine and
circuit courts
may grant
beas corpus
34
ad inquir.
Sec. 30. And be it further enacted, That
Judges of the every juftice of the fupreme court of the Unit-
ed States, and every judge of any circuit or
diſtrict court ſhall be, and hereby is, authorized
writs of ha- and empowered, to grant writs of habeas cor-
pus, for the purpofe of enquiring into the caufe
of commitment, and thereupon to difcharge
from confinement, on bail or otherwife:
Provided always, That no writ of habeas cor-
pus, to be granted under this act, fhall extend
to any prifoner or prifoners in gaol, unlefs fuch
prifoner or prifoners be in cuftody, under or
by colour of the authority of the United States,
or be committed for trial before fome court of
the fame; or be neceffary to be brought into
court to give teſtimony.
de d
New trials,
re-hearings
and practice.
?
they could, had they been originally returna-
ble to the circuit courts hereby eſtabliſhed.
oaths gene-
zally, &c.
"
Sec. 31 And be it further enacted, That the
feveral courts of the United States fhall be,
and hereby are authorized and empowered to
grant new trials and re-hearings, on motion,
and caufe fhewn, and to make and establish all
neceffary rules and regulations, for returning
writ, filing pleas, and other proceedings; and
for regulating the practice and enforcing the
orderly conduct of buſineſs, in the faid courts.
reſpectively: Provided always, That the faid
rules and regulations be not repugnant to the
laws of the United States: and that all the
The courts or Courts of the United States, and each of the
judges em-
juftices and judges thereof, fhall be, and here
by are, authorized and empowered, to admini-
fter all neceffary oaths and affirmations, and to
bind to the peace or good behaviour, with
furety where neceffary, in all cafes, arifing un-
der the authority of the United States....
powered to
adminifter
A
1
( 253 )
cuit judge.
Sec. 32. And be it further enacted, That
every perfon who fhall be appointed a judge Oath of a cir-
of any circuit court, hereby eftablifhed, fhall,
before he ſhall begin to exerciſe the duties of
his faid Office, take the following oath or af-
firmation; that is to fay: "I, A. B. do folemn-
ly fwear" (or affirm)" that I will adminifter
justice without refpect to perfons; and will
do equal right to all perfons; and will, in all
things, faithfully and impartially difcharge
and perform, all the duties incumbent on me
as a judge of according to the beſt of my
abilities and understanding, and to the confti-
tution and laws of the United States. "
!.
7
the district
thence to the
Sec. 33. And be it further enacted, That
from all final judgments or decrees, in any of Appeals from
the diftrict courts of the United States, an ap- courts, to the
peal, where the matter in difpute, exclufive of circuit courts,
cofts, fhall exceed the fum or value of fifty dol- and from
lars, fhall be allowed to the circuit court next fupreme court.
to be holden, in the diftrict where fuch 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 in any
circuit court,in any cafes of equity, of admiralty
and maritime juriſdiction, and of prize or no
prize, an appeal, where the matter in difpute,
exclufive of cofts, fhall exceed the fum or va-
lue of two thouſand dollars, fhall be allowed to
the fupreme court of the United States; and
that upon fuch appeal, a tranſcript of the libel,
bill, anfwer, depofitions, and all other pro-
ceedings of what kind foever in the cauſe, fhall
be tranfmitted to the faid fupreme court; and
that no new evidence fhall be received in the faid
court, on the hearing of fuch appeal; and that
Com
(254)
fuch appeals fhall be fubject to the fame rules,
regulations and reftrictions, as are prefcribed
by law in cafe of writs of error; and that the
faid fupreme court fhall be, and hereby is au-
thorized and required, to receive, hear and de-
termine fuch appeals.
*
So the circuit
courts.
Sec. 34. And be it further enacted, That all
Writs of error final judgments in civil actions at common
law, in any of the circuit courts hereby efta-
blished, whether brought by original procefs in
fuch court, or removed thereto from any ſtate
court, and all final judgments in any of the
diftrict courts of the United States may, where
the matter in difpute, exclufive of cofts, fhall
exceed the fum or value of two thouſand dol-
lars, be re-examined and reverfed or affirmed,
in the fupreme court of the United States, by
writ of error; whereto fhall be annexed, and
returned therewith at the day and place therein
mentioned, an authenticated tranfcript of the
record and affignment of errors, and prayerfor
reverfal, and alſo a citation to the adverſe par-
ty, figned by a judge of fuch circuit court, or
by the diftrict judge as the cafe may be; which
citation fhall be ferved on the adverfe party
perfonally, or by leaving a true copy thereof
at his or their uſual place or places of refidence,
at leaſt thirty days before the time mentioned
in fuch writ of error, for the return thereof.
Sec. 35. And be it further enacted, That the
Security taken ftipulation, bond or fecurity, taken upon any
enor or appeals writ of error or appeal to be brought or allow-
to be fent up ed as aforefaid, fhall be returned by the judge
taking the fame, to the clerk or regifter of the
court where the judgment or decree complain-
ed of was rendered, to be by him annexed to
the tranfcript of the record, hereby directed to
upon writs of
with the ccord
个
​+
(255)
be fent up to the fupreme court of the United
States.
Marhals to be
: Sec. 36. And be it further enacted, That
there fhall be appointed, in and for each of the appointed.
diſtricts eſtabliſhed by this act, a marshal, whofe
duty it ſhall be to attend the circuit courts of
the United States hereby eſtabliſhed, when fit-
ting within ſuch diſtrict, and who ſhall have
and exercife, within fuch diflrict, the fame
powers, perform the fame duties, be fubject to
the fame penalties, give the fame bond with
fureties, take the fame oath, be entitled to and
receive the fame compenfation and emolu-
ments, and in all refpects be fubject to the
fame regulations, as are now preſcribed by law,
in refpect to the marshals of the United States
heretofore appointed: Provided always, That
the feveral mar fhials of the United States, now
in office, fhall, during the periods for which
they were refpectively appointed, unleſs fooner
removed by the Prefident of the United States,
be and continue marfhals for the feveral dif
tricts hereby eſtabliſhed, within which they re-
ſpectively refide; and fhall perform the duties,
exercife the powers, and receive the emolu.
ments, hereby directed to be performed, exer-
cifed and received, by marshals therein.
· Sec. 37. And be it further enacted, That
there ſhall be appointed for each of the diſtricts
hereby eſtabliſhed, a perfon learned in the law,
to act as attorney for the United States within
fuch district, and in the circuit and diſtrict
courts which may be holden, therein; which
attorney fhall take an oath or affirmation for
the faithful performance of the duties of his
office, and fhall profecute, in fuch diſtricts, all
delinquents for crimes and offences cognizable
under the authority of the United States, and
R
S
>
7
District attor
pointed.
nies to be ap
´256)
XEX
201
34 Medien-d
all civil actions or fuits-in which the United
States ſhall be concerned, except actions or
fuits in the fupreme court of the United States;
and fhall be entitled to, and receive, for their
fervices refpectively, fuch compenfations,emo
luments and fees, as by law are ar fhall be al
lowed, to the diſtrict attornies of the United
States: Provided always, That the diftri& attor.
nies of the United States now in office fhall,
feverally and refpectively, be attornies for thoſe
diftricts hereby eftablished, within which they
refide, until removed by the Prefident of the
United States: and fhall perform the duties,
exercife the powers, and receive the emolu.
ments, hereby directed to be performed, ex-
ercifed and received, by the attorney of the
United States therein.
795
of jurors and
Sec. 38. And be it further enacted, That ju-
Compenfation rors and witnelles attending any of the courts,
witneffes. hereby eftablished, fhall be entitled to and
receive, the fame compenfations refpectively,
as heretofore have been allowed by law to ju
rors and witneffes, attending the circuit and
district courts of the United States.
·
Sat
circuit courts,
kunt.
Sec. 391. And be it further enacted, That the
Records of the records of the feveral circuit, courts, hereby
where to be eftablished, fhall hereafter be kept at the re-
ſpective places at which the faid courts are
hereby directed to be holden: Provided al-
ways, That in the diſtrict wherein there are
more than one place directed by this act for
holding faid circuit courts, the records of the
circuit court in fuch diftrict fhall hereafter be
kept in either of fuch places, as the ſaid court
in fuch diſtrict hall direct.
Suitors, &c.
Sec. 40. And be it further enacted, That the
how far pri- privilege from arreft of every perfon going to,
attending at, or returning from, any court of
pileged from
rrest.
!
( 237 )
the United States, fhall be computed and con-
tinue, from the time of his or her departure
from his or her habitation, until his or her re-
turn thereto: Provided, That fuch time fhall
not exceed one day, Sundays excluded, for
every twenty miles of the diftance, which fuch
perfon muft neceffarily travel in fo going and
returning, over and above the time of atten-
dance.
judges
Sec. 41. And be it further enacted, That each
of the circuit judges of the United States, to Salaries of the
be appointed by virtue of this act, fhall be al-
lowed as a compenfation for his fervices, an
annual falary of two thousand dollars, to be
paid quarter yearly at the Treafury of the U-
nited States; except the judges of the fixth
circuit, who fhall be allowed the fum of fif-
teen hundred dollars each, to be paid in like
manner; and that the falaries of the diftrict
judges of Kentucky and Tenneffee fhall be, and
hereby are, fevérally augmented to the like
fun of fifteen hundred dollars, annually to be
paid in like manner.
THEODORE SEDGWICK,
Speaker of the House of Reprefentatives.
TH: JEFFERSON,
Via Prefident of the United States, and Prefi-
dent of the Senate.
APPROVED-February 13, A. D. 1801.
JOHN ADAMS,
Prefident of the United States.
CHAPTER LXXVI.
AN`A C T regulating the grants of land apprc-
priated for the refugees from the British pro-
vinces of Canada and Nova Scotia.
B
E it enacted by the Senate and House of Re-
prefentatives of the United States of Ane-
rica, in Congress affembled, That the furveyor-
I..!
( 258 )
}
1
general be, and he is hereby directed to cauſe
thofe fractional townships of the fixteenth,
Survey of
1
lands for the
Canada &c.
to be made.
Refugees from ſeventeenth, eighteenth, nineteenth, twentieth,
twenty-firſt and twenty-fecond ranges of town-
fhips, which join the fouthern boundary line
of the military lands, to be ſubdivided into
half fections, containing three hundred and
twenty acres each; and to return a furvey and
deſcription of the fame to the fecretary of the
Treafury, on or before the firſt Monday of
December next; and that the faid lands be,
and they are hereby fet apart and referved for
the purpoſe of fatisfying the claims of perfons
entitled to lands under the act, intituled, "An
act for the relief of the refugees from the Britiſh
provinces of Canada and Nova Scotia."
1
Sec. 2. And be it further enacted, That the ſe-
How locations cretary of the Treafury fhall, within thirty days
fhall be made. after the furvey of the lands fhall have been re-
turned to him as aforefaid, proceed to deter-
mine, by lot, to be drawn in the preſence of the
ſecretaries of ſtate and of war, the priority of lo-
cation of the perfons entitled to lands as afore-
faid. The perfons, thus entitled, fhall feve-
rally make their location on the fecond Tuef-
day of January next, and the patents for the
Patents to be lands thus located fhall be granted in the man-
ner directed for military lands, without re-
quiring any fee whatever.
granted.
*
gees, nomi-
nally.
Sec. 3. And be it further enacted, That the
Quantities of following perfons, claiming land under the a-
land affigned bove-mentioned act, fhall refpectively be en-
to the Refu- titled to the following quantities of land; that.
is to fay; Martha Walker, widow of Tho-
mas Walker, John Edgar, P. Francis Cazeau,
John Allan, and Seth Harding, refpectively,
two thousand two hundred and forty acres
1
(259)
#
each; Jonathan Eddy, colonel James Living-
fton, and Parker Clark, reſpectively, one thou-
fand' 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-colonel Bradford, Noah Miller,
Joſhua Lamb, Atwood Fales, John Starr, Wil-
liam How, Ebenezer Gardner, Lewis F. De-
lefdernier, John Mc. Cown, and Jonas C. Mi-
not, reſpectively, nine hundred and fixty acres
each, and the heirs of Simeon Cheſter, nine
hundred and fixty acres; Jacob Vander Hey-
den, John Livingston, James Crawford, Ifaac
Danks, major B. Von Heer, Benjamin Thomp-
fon, Jofeph Bindon, Jofeph Levittre, lieute-
nant William Maxwell, John D. Mercier,
James Price, Seth Noble, Martha Bogart, re-
lict of Abraham Bogart, and formerly relict of
Daniel Tucker, and John Halfted, refpectively,
fix hundred and forty acres each; David Jenks,
Ambrofe Cole, James Cole, Adam Johnſon,
the widow and heirs of colonel Jeremiah Dug-
gan, Daniel Earl, junior, John Pafkell, Ed-
ward Chinn, Jofeph Cone, and John Tor-
reyre, refpectively, three hundred and twenty
acres each; Samuel Fales, one hundred and
fixty acres; which feveral tracts of land fhall,
except the laſt, be located in half ſections by
the reſpective claimants.
1
-
THEODORE SEDGWICK,
Speaker of the House of Reprefentatives.
TH: JEFFERSON,
Vice President of the United States, and Pref
dent of the Senate.
APPROVED.-February 18, 1801.
JOHN ADAMS,
Prefident of the United States.
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bonsbivor CHAPTER LXXVIlo atadh orta
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braenopsins!f
A NA QT making the Port of Biddeford and
Pepperrelborough, and the port of New Bedr
ford in Maffachusetts, ports of entry for ſhips
er veffels, arriving from the Cape of Good Hope,
and from places beyond the fame.o siblin
B
fhag oligod
E it enacted by the Senate and House of Re-
prefentatives of the United States of Ame-
rica, in Congress affembled, That the port of
Biddeford and Pepperrelborough, and the port
of New Bedford, in the Commonwealth of
Maffachufetts, be, and they are hereby made,
ports of entry for fhips or veffels arriving from
the Cape of Good Hope, and from places be-
yond the fame,
baz geriew bo
THEODORE SEDGWICK,ilah
Speaker of the House of Representatives.
39
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646
dow:W
TH: JEFFERSON, NE
Vice-Prefident of the United States, and Prefi-
dent of the Senate jojurél to prog
APPROVED February 18, A. D. 980. le
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906
JOHN ADAMS
Prefident of the United States.
CHAPTER LXXVIII eft adi
Bodin ada
AN ACT to eſtabliſh the diſtrict of Briſtol, and
to annex the towns of Kittery and Berwick
to the district of Portsmouth.
NOVOTO
but whelet 4.3
E it enacted by the Senate and Houfe of Re-
prefentatives of the United States of Ame-
On
rica, in Congress affembled, That from and af-
ter the thirty-first day of March next, the
ftoleſtabliſhed. towns of Briſtol, Warren and Barrington, in
District of Bri-
1
(( 261 +),
む
​the ſtate of Rhode-Mand, and Providence
Plantations, and all the fhores and waters, a-
round the fame, within the following limits,
viz.á line beginning at the middle of the bay,
between Mount Hope and Common Fence
Point, running fouth westerly through the
middle of Bristol Ferry, and continuing fuch
courſe until it ſtrikes a point of equal diſtance
from Rhode-Inland to Prudence Ifland, from
thence northwardly on a ftraight line to the
weffèrnmost part of Nahant Point, and from
thence to the weftern fhore of Bullock's Point,
ſhall be a diſtrict, to be called the diftrict of
Briftol, of which the port of Bristol fhall be
the fole port of entry, and a collector for faid
diſtrict, fhall be appointed to refide at Briftol,
and Warren and Barrington fhall be ports of
delivery-only, and a furveyor fhall be appoint-
ed to refide at each of the ports of Briſtol and
Warren; and the furveyor at Warren fhall
alfo be furveyor for the port of Barrington.
{
Sec. 2 And be it further enacted, That faid
port of Briſtol ſhall alſo be a port of entry, for
all fhips or veffels arriving from the Cape of
Good Hope, or places beyond the fame.
or beyond the
Vefels from
Cape of Good
Hope may en-
ter at its port.
nexed to
Sec. 3. And be it further enacted, That from
and after the faid thirty-firft day of March Kittery and
next, the towns of Kittery and Berwick, in Berwick an-
the ftate of Maffachuſetts, fhall be annexed to Portſmouth.
the diſtrict of Portſmouth in New-Hampfhire,
as ports of delivery only; Provided, That no
thing herein contained fhall be conſtrued to
prevent the maſter or commander of any fhip
or veffel, having merchandize on board, de-
ftined for either of the faid places, from mak-
ing entry at his option, with the collector of
(262)
(
i
the diſtrict of York, and obtaining permits for
the delivery thereof as heretofore.
THEODORE SEDGWICK,
Speaker of the House of Reprefentatives,
TH: JEFFERSON,
Vice-President of the United States and Prefi
dent of the Senate.
APPROVED-February 25, A. D. 1801.
P
JOHN ADAMS,
Frefident of the United States.
CHAPTER LXXIX.'
AN ACT to difcharge Samuel Lewis, fenior,
from his impriſonment.
"
B
DE it enacted by the Senate and Houſe of Re-
prefentatives of the United States of America,
in Congress affembled, That Samuel Lewis, fe-
nior, be difcharged from his impriſonment
upon a Judgment obtained againſt him in favor
of the United States: Frovided however, That
he fhall firft affign and convey all the eftate,
real and perfonal, which he may now own or
be entitled to, to fome perfon or perfons, for
the ufe and benefit of the United States, un-
der the direction of the Secretary of the Trea-
fury; Provided alfo, That the faid Judgment
fhall remain in full force against any eſtate
which the faid Samuel Lewis, fenior, may here-
after acquire; and that procefs may, at any
time, be thereon iffued againſt the ſame.
THEODORE SEDGWICK,
Speaker of the House of Repreſentatives.
TH: JEFFERSON,
Vice-Prefident of the United States and Prefi-
dent of the Senate.
APPROVED-February 25, A. D. 1801.
JOHN ADAMS,
Prefident of the United States.
(263)
1
alonen CHAPTER LXXX.
NOC
dy
AN ACT freeing from Poſtage all letters and
packets to John Adams...
".
<"1
E it enacted by the Senate and Houfe of Re-
prefentatives of the United States of Ame-
rica, in Congrefs affembled, That all letters and
packets to John Adams, now Prefident of the
United States, after the expiration of his term
of office and during his life, fhall be carried
by the mail, free of poſtage.
THEODORE SEDGWICK,
Speaker of the House of Reprefentatives.
TH: JEFFERSON,
Vice-President of the United States and Pref
dent of the Senate.
APPROVED - February 25, A. D. 1801.
*+ i
} +
JOHN ADAMS,
Prefident of the United States.
CHAPTER LXXXI."
AN ACT for the relief of Nathaniel Holmes.
de
B
E it enacted by the Senate and Houfe of Re-
preſentatives of the United States of Ame-
rica, in Congress affembled, That the account-
ing officers of the Treafury be, and they are
hereby authoriſed and directed to fettle the ac-
count of major Nathaniel Holmes, and allow
him fuch fums of money, as fhall appear to
have been paid by him for tranſporting and
victualling a detachment of troops, from his
battalion, in the winter of one thouſand ſeven
hundred and ninety-four, and of one thou
4
$
1
(264)
1
fand feven hundred and ninety-five from Cape
May to Trenton. trib mai ndy
THEODORE SEDGWICK,
Speaker of the House of Representatives
TH: JEFFERSON,
食品
​Vice-President of the United States, and Prefi
dent of the Senate.
APPROVED-February 25, A, D. 1801.
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140
JOHN ADAMS,
Prefident of the United States.
ť
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CHAPTER LXXXII.
AN ACT to continue in force the acts laying
duties on licences for felling wines and foreign
diftilled fpirits by retail, and fo much of the act
laying certain duties on fnuff and refined fugar
as refpects a duty on refined fugar, on property
feld at auction, and on carriages for the convey-
ance of perfons.
}
"
د
ܘ ܘ ܘ ܘ ܘ ܘ
BE
46-3
E it enacted by the Senate and Houfe of Re-
prefentatives of the United States of Ame-
rica, in Congress affembled, That an act paffed
on the fifth day of June, in the year one thou-
fand ſeven hundred and ninety-four, intituled,
"An act laying duties on licences for felling
wines and foreign diftilled fpirituous liquors by
retail;" and that fo much of an act paffed on
the fifth day of June, in the year one thoufand
feven hundred and ninety-four, intituled," An
act laying certain duties upon fnuff and refined
fugar," as refpects a duty upon refined fugar,
and that an act paffed on the ninth day of June
in the year one thoufand feven hundred and
ninety-four, intituled, " An act laying duties
on property fold at auction," and which acts
were, by an act paffed on the third day of
March, in the year one thoufand feven hun
( -26.5 )
"qdred and ninety-five, continued in force until
the first day of March, in the year one thou-
fand eight hundred and one, fhall be, and the
fame are hereby continued in force without li
mitation of time; any thing in any former act
to the contrary notwithstanding.
duties upon
without limi-
tation.
Sec. 2. And be it further enacted, That fo
much of the thirteenth fection of an act, paffed "Act laying
on the twenty-eighth day of May, in the year carriages,"
one thoufand feven hundred and ninety-fix, in- &c. continued
tituled, “ An act laying duties upon carriages
for the conveyance of perfons, and repealing
the former act for that purpofe," as limits the
duration of faid act, fhall be, and the fame is
hereby repealed, and faid act is hereby con
tinued in force, without limitation of time.
oba THEODORE SEDGWICK
Speaker of the House of Repreſentatives.
TH: JEFFERSON,
*
+
A
1.
Vice-Prefident of the United States, and Prefi-
tryfect dent of the Senate.
APPROVED February 25, A. D. 1801.
tag 198
nod
bar
1
14
4
+
***
JOHN ADAMS,
Prefident of the United States.
CHAPTER LXXXIII.
AN ACT declaring the confent of Congress to
an act of the State of Maryland, paffed the
twenty-eighth day of December, one thousand
feven hundred and ninety-three, for the appoint-
ment of a Health Officer.
BE
E it enacted by the Senate and House of Re-
prefentatives of the United States of Ame-
rica in Congress affembled, That the confent of
Congrefs be, and is hereby granted and declar-
Mm
(266)
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fout 12.30kW):
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***
WOWKIDOGO A
ed, to the operation of an act of the General
Affembly of Maryland, paffed thetwenty-eighth
day of December, one thouſand feven hundred
and ninety-three, intituled, " An act to ap-
-point a Health Officer for the Port of Balti-
more, in Baltimore county," fo far as tó ena-
ble the ſtate aforefaid to collect a duty of one
cent per ton, on all veffels coming into the dif
trict of Baltimore from a foreign voyage,
för
the purpoſes in faid act intended.
}
A
Sec. 2. And be it further enacted, That this
act ſhall be in force for three years, from the
paffing thereof, and from thence to the end
of the next feffion of Congreſs thereafter, and
no longer.
THEODORE SEDGWICK,
Speaker of the House of Reprefentatives.
TH: JEFFERSON,
Vice-Prefident of the United States, and Prefi-
dent of the Senate.
APPROVED February 27, A. D. 1801.
JOHN ADAMS,
Prefident of the United States.
CHAPTER LXXXIV.
AN ACT to allow the tranfportation of goods,
wares and merchandife, to and from Philadel
phia and Baltimore, by the way of Appoquini-
mink and Saffafras.
B
E it enacted by the Senate and House of Re-
prefentatives of the United States of Ame-
rica, in Congress affembled, That any goods,
wares and merchandife, which lawfully might
be tranſported to or from the City of Philadel-
phia and Baltimore, by the way of Elkton, Bo-
hemia or Frenchtown, and Port Penn, Ap-
poquinimink, New-Caftle, Chriftiana-Bridge,
24 45
.
( 267 )
!
Newport or Wilmington, fhall and may law-
fully be tranfported, to and from the city of
Philadelphia and Baltimore, by the way of
Appoquinimink and Saffafras river, and thall
be entitled to all the benefits and advantages,
and fhall be fubject to all the proviſions, re-
gulations, limitations and reftrictions, exifting
in the cafe of goods, wares and merchandiſe,
tranfported by any of the routes before men-
tioned.w
11
ra
i
bas
ľ
TH: JEFFERSON,
Vice-President of the United States, and Prefi-
dent of the Senate.
Thekkade.
ܼܼܵܿ
THEODORE SEDGWICK,
Speaker of the House of Reprefentatives.
APPROVED February 27, A. D. 1801.
Seal Cats pa
ros
A
1
‚!་
JOHN ADAMS,
Prefident of the United States.
CHAPTER LXXXV.
AN ACT for the relief of Arnold Henry Dorh-
man, or his legal reprefentatives.
BE
E it enacted by the Senate and Houfe of Re-
preſentatives of the United States of Ame-
rica, in Congrefs aſſembled, That the Preſident
of the United States be, and he is hereby au-
thorized to iffue a patent for the thirteenth
townſhip, in the feventh range, to Arnold
Henry Dorhman or his legal reprefentatives,
agreeably to a refolution of Congrefs of the
1
(268)
>
串 ​S
1
It shall be
formed into
two counties.
304
first day of October, in the year one thoufand sa
ſeven hundred and eighty-feven. dioo mitiw sc
NEW: THEODORE SEDGWICK,
Speaker of the House of Reprefentatives.
TH. JEFFERSON,
Vice-Prefident of the United States, and Preft
dent of the Senate."
APPROVED-February 27, 1801.
··
JOHN ADAMS,
Prefident of the United States.
CHAPTER LXXXVI.
00
B
gind Ma-
{
in the diftrict.
AN ACT concerning the district of Columbia,
E it enacted by the Senate and House of Re-
prefentatives of the United States of Ame-
Laws of Vir- rica, in Congress affembled, That the laws of
ryland contin- the ſtate of Virginia, as they now exift, fhall
ued in force be and continue in force in that part of the
diftrict of Columbia, which was ceded by the
faid flate to the United States, and by them
accepted for the permanent feat of govern
govern
ment; and that the laws of the ftate of Mary-
land, as they now exift, fhall be and continue
in force in that part of the faid district, which
was ceded by that ſtate to the United States,
and by them accepted as aforefaid.
MIL
Sec. 2. And be it further enacted, That the
ſaid diſtrict of Columbia fhall be formed into
two counties; one county fhall contain all that
part of faid diftri&t, which lies on the eaft fide
of the river Potowmac, together with the
iflands therein, and thall be called the county
of Waſhington; the other county fhall contain
b
} }
1
14.
2
L
all that part of faid diftrict, which lies on the
weft fide of faid river, and fhall be called the
county of Alexandria; and the faid river in its
霞
​whole courfe through faid diftrict fhall be ta-
}
f
فی
ܙܐ ܐ ܐ ܂
;
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(269)
ken and deemed to all intents and purpoſes to
be within both of faid counties.
Ì ?
eftablished in
Sec. 3. Be it further enacted, That there
fhall be a court in faid district, whieh fhall be Circuit court
called the circuit court of the diftrict of Co-
lumbia; and the faid court and the judges
thereof ſhall have all the powers by law veſted
in the circuit courts and the judges of the cir-
cuit courts of the United States. Said court
fhall confift of one chief judge and two affiftant
judges refident within the faid diftrict, to hold
their reſpective offices during good behaviour;
any two of whom fhall conftitute a quorum;
and each of the faid judges fhall, before he en-
ter on his office, take the oath or affirmation
provided by law to be taken by the judges of
the circuit courts of the United States; and
ſaid court fhall have power to appoint a clerk
of the court in each of faid counties, who fhall
take the oath and give a bond with fureties, in
the manner directed for clerks of the diftrict
courts in the act to eftablifh the Judiciary of
the United States.
J
court.
Sec. 4. Be it further enacted, That faid
court fhall, annually, hold four feffions in each Seffions of the
of faid counties, to commence as follows, to
wit: For the county of Waſhington, at the ci-
ty of Waſhington, on the fourth Mondays of
March, June, September and December; for
the county of Alexandria, at Alexandria, on
the fecond Mondays of January, April, July,
and the firſt Monday of October.
Sec. 5. Be it further enacted, That faid
court thall have cognizance of all crimes and Subjects for
offences committed within faid diſtrict, and of the cogni-
all cafès in law and equity between parties, court.
both or either of which fhall be refident or be
found within faid diftrict; and alfo of all ac-
zance of the
(270))
121.
4 1
1
Sec. 6. Provided, and be it further enacted,
Where local That all local actions fhall be commenced in
actions fhall
C
}
be commenc-
their proper counties, and that no action or
to be brought
but again
inhabitants,
or perſons
found in the
1
diſtrict.
for
ed. No fuits fuit fhall be brought before faid court, by any
original proceſs againſt any perſon, who ſhall
not be an inhabitant of, or found within faid
diftrict, at the time of ferving the writ..
Sec. 7. Be it further enacted, That there ſhall
A marſhal to be a marſhal for the faid diſtrict, who ſhall have
be appointed the cuftody of the gaols of the faid counties,
and be accountable for the fafe keeping of all
prifoners legally committed therein; and he
fhall be appointed for the fame term, fhall take
the fame oath, give a bond with fureties in the
fame manner, fhall have generally, within faid
diftrict, the fame powers, and perform the fame
duties, as is by law directed and provided in
the cafe of marfhals of the United States.
?
!
..
A
tions or fuits of a civil nature at common law
or in equity, in which the United States fhall
be plaintiffs or complainants, and of all fer-
zures on land or water, and all penalties and
forfeitures made, 'arifing or accruing under
the laws of the United States.
→
*
Sec. 8. Be it further enacted, That any final
Writs of error judgment, order or decree in faid circuit
and appeals. court, wherein the matter in difpute, exclu-
five of cofts, fhall exceed the value of one
hundred dollars, may be re-examined and re-
verſed or affirmed in the fupreme court of the
United States, by writ of error or appeal;
which fhall be profecuted in the fame manner,
under the fame regulations, and the ſame pro-
ceedings fhall be had therein, as is or fhall be
provided in the cafe of writs of error on judg-
ments, or appeals upon orders or decrees, ren-
dered in the circuit court of the United States.
J
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܃
(271)
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to be ap-
Allowances
SecunqueBe it further enacted, That there An Attorney
ſhall be appointed and attorney of the United pointed.
States for faid diftrict, who fhall take the oath
and perform all the duties required of the dif
trict attornies of the United States; and the
faid attorney, marſhal and clerks, fhall be en-
titled to receive for their reſpective ſervices, ney, marthels
the fame fees, perquifites and emoluments,
which are by law allowed refpectively to the at-
torney, marſhal and clerk of the United States,
for the diſtrict of Maryland.
to the attor-
and clerks.
r‛
Compenfa-
Sec. 10. Be it further enacted, That the
chief judge, to be appointed by virtue of this
act, fhall receive an annual falary of two thou- tion of the
fand dollars, and thetwo affiftant judges, of fix. judges.
teen hundred dollars each, to be paid quarter-
ly, at the Treaſury of the United States.
Juftices of
the place
Sec. II. Be it further enacted, That there
fhall be appointed in and for each of the faid
counties, fuch number of diſcreet perfons to
babe juſtices of the peace, as the Preſident of the to be ap-
United States fhall from time to time think pointed.
expedient, to continue in office five years;
and fuch juftices, having taken an oath for the
faithful and impartial diſcharge of the duties
of the office, fhall in all matters civil and
criminal, and in whatever relates to the con-
ſervation of the peace have all the powers
vefted in, and ſhall perform all the duties re-
quired of, juftices of the peace, as individual
magiftrates, by the laws herein before conti-
nued in force in thoſe parts of faid diftri&, for
which they fhall have been refpectively ap-
pointed; and they fhall have cognizance in
perfonal demands to the value of twenty dol-
lars, exclufive of cofts; which fum they fhall
i
14:
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י
not exceed, any law to the contrary notwith-
standing and they fhall be entitled to receive
(272)
Regiſters of
wills and
orphan's
}
court to be
appointed.
for their fervices the fees allowed for like fer-
*****vices by the laws herein before adopted and
continued, in the caftern part of ſaid diſtrict,
1. Sec. 12. And be it further enacted, That
there ſhall be appointed in and for each of the
judges of the faid counties, a Register of Wills, and a Judge
to be called the Judge of the Orphans Court,
who fhall each take an oath for the faithful and
impartial difcharge of the duties of his office;
and ſhall have all the powers, perform all the
duties, and receive the like fees, as are exercif-
ed, performed, and received, by the Regifters
of Wills and Judges of the Orphans Court,
within the State of Maryland; and appeals from
the faid courts fhall be to the circuit court of
faid diftri&t, who fhall therein have all the pow-
ers of the chancellor of the faid State.
How to ob-
tain execu-
tion within
the district,
upon judg-
ments alrea-
dy rendered
in courts of
Maryland &
Virginia.
'C
f
Sec. 13. And be it further enacted, That in
all cafes where judgments or decrees have been
obtained, or hereafter fhall be obtained, on
fuits now depending in any of the courts of
the Commonwealth of Virginia, or of the State
of Maryland, where the defendant refides or
has property within the diftrict of Columbia,
it fhall be lawful for the Plaintiff in fuch cafe
upon filing an exemplification of the record
and proceedings in fuch fuits, with the clerk
of the court of the county where the defend-
ant refides or his property may be found, to
fue out writs of execution thereon, returnable
to the faid court, which fhall be proceeded on,
in the fame manner as if the judgment or de-
cree had originally been obtained in faid court.
Suits in the
courts Huft-
ings for A-
Sec. 14. And be it further enacted, That all
actions, fuits, procefs, pleadings, and other
proceedings of what nature or kind foever, de-
lexandria and pending or exifting in the courts of Huftings
for the Townsof Alexandria and George Town,
Georgetown
continued to
( 273 )
50
ſhall be, and hoeby are continued over to the the sircut
circuit courts toe holden by virtue of this mouth
act, within the diſtre of Columbid, in man-
per following that is fay all fuch as fhall
then be depending and determined, before
the court of Huftings for the town of Alex-
andria, to the next circuit court hereby direc
ted to be holden in the Town of Alexandria;
and all fuch as fhall then be depending and
undetermined, before the court of Hultings
for George Town, to the next circuit court
hereby directed to be holden in the city of
Walhington: Provided nevertheless that where
the perſonal demand in ch cafes, exclufive
of colts, does not exceed the value of twenty
dollars, the Juſtices of the Peace within their
reſpective counties, fhall have cognizance
thereof.
**
Sec. 15. And be it further enacted, That all
writs and proceffes whatfoever, which fhall Teft ofpip
hereafter iffue from the courts hereby eftab-
lifhed within the diftrict, fhall be tefted in the
name of the Chief Judge of the District of Co
lumbia.
[1]
Sec. 16. And be it further enacted, That
nothing in this act contained ſhall in any wife Saving of the
alter, impeach or impair the rights, granted rights of car
by or derived from the acts of incorporation porations.
of Alexandria and George Town, or of any
other body corporate or politic, within the faid
diftrict, except fo far as relates to the Judicial
Nn
dodatn
elio bw a
a resol
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illud
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bogel awe m
52000gthie
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powers of the Corporations of eorge Town
NO STE Vest Based
Bu
and Alexandria.
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HERE
THEODORE SEDGWICKES 2 --
Speaker of the He of Reprefentativer.
T: JEFFERSON,
Vice-Prefident of th United States, and Prefs-
dent of the Senate.
APPROVED –February 27, 1801.
1
*.*.
JOHN ADAMS, '*'
Prefident of the United States.
SKIN CHAPTER LXXXVII.
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AN ACT supplementary to an act, intituled,
act to divide the territory of the United
States north-west of the Ohio, into two ſepa-
rate governments·
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revived.
E it enacted by the Senate and House of Re-
prefentatives of the United States of Ame-
Certain fuits rica, in Congrefs affembled, That all fuite, and
proceſs and proceedings, which on the third
day of July one thoufand 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 north-weſt
of the Ohio, into two feparate governments,
has been included within the Indiana Terri
tory; and that all fuits, procefs and proceed-
ings, which, on the aforefaid third day of Ju-mi
ly, were pending in the general court of the
territory of the United States north-weft of the
Ohio, in confequence of any writ of removal
or order for trial at bar, had been removed at
from either of the counties now within the li-a
mits of the Indiana Territory aforefaid, ſhall be
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be and they are hereby revived and continu.
ed; and the fame proceedings, before the ren-
dering of final judgment and thereafter, may
and fhall be had, in the fame courts, in all
fuits and procefs aforefaid, and in all things
concerning the fame, as by law might have
been had in cafe the faid territory of the Uni-
ted States north-west of the Ohio had remain
ed undivided.
}
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THEODORE SEDGWICK,
Speaker of the House of Reprefentatives,
JAMES HILLHOUSE,
Prefident of the Senate, pra tempore.
APPROVED-March 2, A. D. 1801.
JOHN ADAMS,
Prefident of the United States.
***
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CHAPTER LXXXVIII.
.cap.
4
AN ACT to add to the district of Mafac on the
Ohio, and to diſcontinue the diſtrict of Palmyra
in the State of Tenneffee, and therein to amend
the act, intituled, “An act to regulate the col-
lection of duties on imports and tonnage."
:1
B
E it enacted by the Senate and Houſe of Re-
prefentatives of the United States of Ame-
rica, in Congress affembled, That the diſtrict of
Maffac, in addition to the territory it alrea-
dy poffeffes, fhall include all waters, fhores
and inlets, now included within the diſtrict
of Palmyra, and all rivers, waters, fhores and
inlets, lying within the ftate of Tenneffee.
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*
Sec. 2. And be it further enacted, That from
and after the thirtieth day of June next, fo
much of the “ Act to regulate the collection
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of duties on imports and tonnagel as estab
lifhes the district of Palmyra in the ſtate of
Tennellee, fhall be repealed, except as to the
recovery and receipts of fuch duties on goods,
wares and merchandize, and on the tonnage.
of fhips of veffels, as fhall have accrued, and
as to the recovery and diftribution of fines,
penalties and forfeitures, which fhall have
been incurred bedre and on the laid day.
THEODORE SEDGWICK, -
Speaker of the House of Repreſentatives.
JAMES HILLHOUSE,
Prefident of the Senate, pro tempore.
APPROVED-March 2, A. D. 1801.
A
JOHN ADAMS
Prefident of the United States.
Ovyluct
In
CHAPTER LXXXIX,IS WI
BALICH
AN ACT making appropriations for the Military
Establishment of the United States, for the year
one
こ
​· one thouſand eight hundred and one.
S
1
10 9
B
E it enacted by the Senate and Houfe of Re-
prefentatives of the United States of Ame-
rica, in Congress affembled, That for defraying
the expences of the military establishment of
the United States, for the year one thouſand
eight hundred and one, the pay and fubfift-
ence of the officers and men, bounties and
premiums, the clothing, hofpital, ordnance,
quartermaster's and Indian departments, the
defenfive protection of the frontiers, the con-.
tingent expences of the war department, for
the fabrication of cannon and arms, and pur-
chafe of ammunition, and for the payment of
military penfions, the fum of two millions,
((377)
*
X
ninety-three thouſand and one dollars, be, and Specific ap-
is hereby appropriated; that is to lay,
prop iutions.
For the pay of the army of the United States,
four hundred and eighty thoufand three hun-
dred and ninety-fix dollars.
For the fubfiftance of the army, three hun.
dred and fix thouſand three hundred and nine-
ty-five dollars.
For forage, the fun of feven thouſand fix
hundred and eighty dollars.
For horfes to replace thofe, which may die,
or become unfit for fervice, the fum of five
thoufand dollars.
For cloathing, the fum of one hundred and
forty-one thouſand five hundred and, thirty
dollars.
*
For bounties and premiums, the fum of
forty-two thousand dollars.
22
For the hofpital department, he fum of
twenty thousand dollars.
O
For the ordnance department, the ſum of
One hundred thousand dollars.
F
For the quartermaster's department, the fum
of one hundred and fixty-five thoufand dollars.
For paying annuities to the following na-
tions of Indians, in purfuance of treaties: To
the Six Nations, Cherokees, Chickafaws and
Creeks, the fum of fifteen thousand dollars;
and for prefents to the Choctaws, two thouſand
dollars.
For defraying the expenfes of the tranſporta-
tion of annuities to the Indian tribes, ten thou-
fand dollars.
For promoting civilization among the Indian
tribes, and pay of temporary agents, and ra-
tions to Indians at the different military pofts,
the fum of forty-five thousand dollars.
* * *
( 278 )
Specific ap-
propriations
For the defenfive protection of the frontiers
of the United States, including the erection.
and repairs of forts and fortifications, the fum
of thirty thousand dollars.
4
1
For lofs of ftores, allowances to officers on
being ordered to diftant commands, and for
fpecial purpoſes; advertifing and apprehend-
ing deferters, printing, parchafing maps, and
other contingencies, the fum of thirty thou-
fand dollars.
For the annual allowance to the invalids of
the United States, for their penfions, from the
fifth of March on thoufand eight hundred
and one, to the forth of March one thoufand
eight hundred and two, the fum of ninety-
three thouſand dollars.
* ;
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For the forification of ports and harbours
within the United States, the fum of two hun-
dred thousand dollars. For the fabrication of
cannon ard ſmall arms, and the purchaſe of
do
ammunition, being the balance of appropria-
tions unexpended which have been carried to
the furplus fund, four hundred thouſand dol-
lars. VENDATA
**
Sec. 2. And be it further enacted, That the
foregoing appropriations fhall be paid out of
any monies in the Treafury of the United
States, not otherwife appropriated.
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THEODORE SEDGWICK,
Speaker of the House of Reprefentatives.
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APPROVED March 2, 1801.
TAS
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JAMES HILLHOUSE
Prefident of the Senate, pro tempore.
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Prefident of the United States.
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CHAPTER XC job ab tot
sveituoti et la Noble ore 2
AN ACT to amend the act, intituled, “An act
de onibuboet alma) potinu odı ko
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to establish a General Stamp-Office."?
1
201
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Bit
Mode of ob.
ment not
ftamped.
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[/
E it enacted by the Senate and Houfe of Re-
preſentatives of the United States of Ame-
rica, in Congress affembled, That whenever any taining a ftamp
perfon or perfons fhall pay to a Collector of to an inftru-
the Revenue, the duty chargeable by law on a
deed, inftrument or writing, on which the
ftamp duty chargeable by law ſhall not have
been paid, together with the further fum of
ten dollars, and fhall obtain the endorſement
and receipt of fuch collector, upon fuch deed,
inftrument or writing therefor, agreeably to
the provifions of an act, intituled, "An act to
eſtabliſh a general ftamp-office," paffèd on the
twenty-third day of April, in the year one
thoufand eight hundred, it shall be lawful for
ſuch perſon or perſons to produce fuch deed,
inftrument or writing, to the Supervifor of
the Revenue within whoſe diſtrict fuch perfon
or perfons fhall refide; which Supervifor
thereupon fhall certify under his hand and
feal, and upon fome part of the faid deed, in-
ftrument or writing, that the fame, ſo endorſed,
has been produced to him, and that the faiden
endorſement is, in his belief, genuine; after
which faid endorſement and certificate, and
not otherwife, fuch deed, inftrument or wri-
ting, fhall be to all intents and purpoſes as
valid and available as if the fame had been or
were ftamped, counter-ftamped, or marked as
by law required; any thing in any act to the
contrary notwithſtanding,✨ -
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Sec. 2. And be it further enacted, That fo
much of the acts intituled, An act to aſtabliſh
wind andest ale to vas defi
1
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( 280 )
the former
act.
Repeal of part a general ſtamp-office," as requires certain du-
ties to be performed by the Surveyors of the
Revenue, ſhall be, and the fame is hereby re-
pealed.
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+
}
THEODORE SEDGWICK,
Speaker of the House of Reprefentatives.
JAMES HILLHOUSE,
Prefident of the Senate, pro tempore.
>
APPROVED March 3, A. D. 1801.-
JOHN ADAMS,
Prefident of the United States.
CHAPTER XCI.
} .
AN ACT providing for a Naval peace establish
ment, and for other purposes.
E it enacted by the Senate and House of Repre
fentatives of the United States of America,
The Prefident
of the public
in Congress affembled, That the Prefident of
pycate to the United States be, and he hereby is autho-
bai vertain rized, whenever the fituation of public affairs
veffes. fhall in his opinion render it expedient, to
cauſe to be fold, they being first diveſted of
their guns and military ftores, which are to be
carefully preferved, all or any of the ſhips and
veffels belonging to the navy, except the fri
gates United States, Conflitution, Prefident,
Chefapeake, Philadelphia, Conftellation, Con-
gref, New-York, Bofton, Effex, Adams, John
Adams, and General Greene; and alfo to lay'
up all the frigates thus to be retained, except
fuch as are directed by this act to be kept in
conftant ſervice in time of peace.
t K
Six of the fri-
gatesto be
tained in con-
Sec. 2. And be it enacted; That fix of the
frigates to be retained fhall be kept in conftant
ftant fervice. fervice in time of peace, and ſhall be officered
re-
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and manned as the Prefident of the United
States may direct, not to exceed however two-
thirds of the prefent complement of feamen,
and ordinary feamen; the refidue of the fri-
gates to be retained fhall be laid up in conveni-
ent ports, and there fhall be permanently at-
tached to each frigate To laid up, one failing
maſter, one boatfwain, one gunner, one car-
penter, and one cook, one ferjeant or corpo-
ral of marines, and eight marines; and to the
large frigates twelve, and to the fmall frigates
ten feamen; the failing mafter fhall have the
general care and fuperintendance of the fhip;
and fhall generally execute fuch duties of a
purfer as may be neceffary.
:
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2
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1.
tion after the
the Navy.
Sec. 3. And be it enacted, That from and
after the day when the reduction of the navy Component
fhall take place as aforefaid, the navy ration parts of a ra-
fhall confift of as follows; on Sunday, four- reduction of
teen ounces of bread, one and a quarter pound
of beef, half a pound of flour, one quarter of
a pound of fuet, one half pint of diftilled fpi-
rits; Monday, fourteen ounces of bread, one
pound of pork, half pint of peafe, one half pint
of diftilled fpirits; Tuefday, fourteen-ounces
of bread, one pound of beef, two ounces of
cheeſe, one half pint of diftilled fpirits; Wed-
neſday, fourteen ounces of bread, one pound
of pork, half pint of rice, one half pint of dif
tilled fpirits; Thurſday, fourteen ounces of
rbread, one and a quarter pound of beef, half
pound of flour, quarter pound of fuet, one
half pint of diftilled fpirits; Friday, fourteen
ounces of bread, four ounces of cheeſe, two
ounces of butter, half pint of rice, half pint
of molaffes, one half pint of diſtilled ſpi-
Auto Švent
Nnt
(278)
Number of
officers to be
retained.
rits; Saturday, fourteen ounces of bread, one
pound of pork, half pint of peaſe, half pint of
vinegar, one half pint of diftilled ſpirits.
Sec. 4. Be it further enacted, That the Pre-
fident of the United States retain in the navy
ſervice in time of peace, nine captains, thirty-
fix lieutenants, and one hundred and fifty mid-
ſhipmen, including thofe employed on board
of the fix frigates to be kept in fervice; and
that he be authorized to diſcharge all the other
officers in the navy ſervice of the United States,
But fuch of the aforefaid officers as fhall be re-
tained in the fervice fhall be entitled to receive
no more than half their monthly pay during.
the time when they fhall not be under orders
for actual fervice.
Sec. 5. Be it further enacted, That all the
Four months commiflioned and warrant officers, who shall be
extra pay al-
lowed to thofe difcharged as aforefaid, fhall be entitled to re-
who are dif- ceive four months pay over and above what
may be due to them reſpectively at the time of
their diſcharge.
charged,
THEODORE SEDGWICK,
Speaker of the House of Repreſentatives.
JAMES HILLHOUSE,
Prefident of the Senate, pro tempore.
APPROVED-March 3, A. D. 1801.
JOHN ADAMS,
Prefident of the United States.
*
( 279 )
CHAPTER XCII.
AN ACT concerning the Mint.
E it enacted by the Senate and Houfe of Re-
prefentatives of the United States of America,
in Congress affembled, That the mint fhall re- To remain st
main in the city of Philadelphia, until the fourth Philadelphia.
day of March, in the year one thouſand eight
hundred and three.
to be
diſtrict
miffioner of
Sec. 3. And be it further enacted, That dur-
ing the continuance of the mint at the city of Certain duties
Philadelphia, the duties now enjoined on the formed by the
chief juftice of the United States, the Secretary and attorney of
and Comptroller of the Treafury, the Secretary Penafylvania
for the department of State, and the Attorney and the com-
General of the United States, by the eighteenth loans.
fection of the act, entitled, "An act eſtabliſh-
ing a mint and regulating the coins of the U-
nited States," paffed the ſecond day of April,
one thouſand ſeven hundred and ninety-two,
ſhall be performed by the diſtrict judge of Penn-
fylvania, the Attorney for the United S ates in
the diſtrict of Pennfylvania, and the Commif-
fioner of Loans for the ftate of Pennſylvania.
-
THEODORE SEDGWICK,
Speaker of the House of Reprefentatives:
JAMES HILLHOUSE,
Prefident of the Senate, pro tempore.
APPROVED-March 3, A. D. 180г.
JOHN ADAMS,
Prefident of the United State
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CHAPTER XCIIL
JA AJ
HOTSKA
AN ACT authorising the Secretary of the Trea-
fury to employ Clerks for completing the abftracts
of the valuation of lands and dwelling boufes,
and the enumeration of fluxes.
odie tholyd
**
02
E it enacted by the Senate and House of Re-
prefentatives of the United States of Ame
rica, in Congress affembled, That the Secretary
of the Treaſury be, and he is hereby autho
rized and directed to employ clerks, for fuch
compenfation as he thall judge reafoňable, to
complete the abstracts of the valuation of lands
- and dwelling houſes, and the enumeration of
llaves within the United States, under the di-
rection of the commiffioners authorifed to di
rect the completing of fuch abftracts, in thofe
ffates where clerks cannot be procured by the
commiflioners, for the compenfation allowed by
law to clerks for performing that butinels, a-
greeably to the provifions of the following
acts, that is to fay, an act, intituled, "An a
to provide for the valuation of lands and dyel-
ling houses, and the enumeration of flaves
within the United States ;" an act, Jutituled,
**An act fupplementary to the act, intituled,
"An act to provide for the valuation of lands
and dwelling houfes, and the enumeration of
Tates within the United States ;" and an act,
intituled, "An act to provide for equalizing
the valuation of unfeated lands, todas
THEODORE SEDGWICK,
Temes
1
これ
​War:
SOMOT
chatean Speaker of the Houſe of Repreſentatives.
to song salt as JAMES HILLHOUSE,
• President of the Senate, pro tempore..
APPROVED-March 3, 18010 santo ban 2991
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JOHN ADANISH
web ad
Prefident of the United States
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( 281 )
CHAPTER XCIV.
AN ACT giving a right of preepmtion to certain
perfons who have contracted with John Cleves
Symmes, or his affociates, for lands lying between
the Miami rivers, in the territory of the United
States north-west of the Ohio.
E it enacted by the Senate and Houſe
Sec. I.
of Reprefentatives of the United
States of America, in Congress affembled, That
any perfon or perfons, and the legal reprefenta-
tive or repreſentatives of any perfon or perfons
who before the first day of January in the year
of our Lord one thoufand eight hundred, had
made any contract or contracts in writing, or by
any note or memorandum thereof in writing,
either with John Cleves Symmes, or with any
of his affociates, or who had made to him or
them, any payment of money for the purchaſe
of lands, fituate between the Miami rivers, with-
in the limits of a ſurvey made by Ifrael Ludlow,
in conformity to an act of congrefs of the
twelfth of April, one thoufand feven hundred
and ninety-two, and not comprehended within
the limits of a tract of land, conveyed to John
Cleves Symmes and his affociates, by letters pa-
tent, bearing date the thirtieth of September,
one thouſand ſeven hundred and ninety-four, in
the territory of the United States, north-west of
the Ohio, ſhall be entitled to a preference, in
becoming the purchafers, from the United States,
of all lands fo contracted for, at the price of
two dollars per acre, exclufive of the furveying
fees, and other incidental expenfes; and pay-
ment may be made therefor, to the Treafurer of
the United States, or the Receiver of public
monies for the lands of the United States at Cin.
Oo
to certain per-
Right of pre
emtion given
fons, who have
with c.
J. C.
Symmes, &c.
contracted
(282)
A
cinnati, în like instalments, and under the fame
conditions, as directed by the actintituled,
"An act to amend the act, intituled, an act
providing for the fale of the lands of the United
States, in the territory of the United States
north-west of the Ohio, and above the mouth of
Kentucky river;" Provided however, that no in-
tereſt ſhall be charged upon any of the inftal-
ments until they refpectively become payable.
3
Sec. 2. And be it further enacted, That every
Perfons claim- perfon, claiming the benefit of the firft fection of
ing the benefit this act, fhall, on or before the firft day of No-
of this aft to
give notice
vember next, deliver to the Receiver of public
to the Receiv-
er of public
cinnati, &c.
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monies, for the lands of the United States at Cin-
monis at Cin- cinnati, a notice in 'writing, ftating the nature
and extent of his claim or contract; and if any
perfon fhall neglect to give fuch notice of his
claim or contract, or having given the fame, fhall
neglect to make application for the purchafe
thereof, as hereinafter directed, or ſhall fail in
making the firſt payment before the firft of
January next, all his right of preemtion, on the
terms aforefaid, fhall ceafe and become void.
Duty of the
Receiver
herein;
1a6
Sec. 3. And be it further enacted, That the
afore faid Receiver of public monies, on being
paid the fees hereinafter provided, fhall receive
every fuch notice of claim, or ſtatement thereof,
and give a receipt therefor, and carefully put and
preferve on file every ſuch paper or writing, and
lay the fame before the Commiffioners, when
met, for fettling and adjuſting the claims afore-
faid.
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And all of
1 Sec. 4. And be it further enacted, That the
the awo Com- aforefaid Receiver of public monies, and two
miffioners to
-
be appointed other perfons, who fhall be appointed by the
Prefident of the United States alone fhall be
commiffioners for the purpoſe of afcertaining the
rights of perfons claiming the benefits of this
$
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*
1
( 283 )
}
act, who, previous to entering on the duties of
their appointment, fhall refpectively take and
fubſcribe the following oath or affirmation, be
fore fome perſon qualified to adminifter, oaths,
to wit, “I——————do folemnly fwear, or affirm,
that I will impartially exercife and diſcharge the
duties impofed upon me, by an act of Congrefs,
intituled," An act giving a right of preemption
to certain perfons who have contracted with John,
Cleves Symmes, or his affociates, for lands lying
between the Miami rivers, in the territory of the
United States north-west of the Ohio," to the
beſt of my underſtanding and ability;" and it
fhall be the duty of the faid Commiffioners to meet
at Cincinnati, between the firft and the tenth day
of November next, of which meeting three
week previous notice fhall be given by them in
a public newſpaper printed at Cincinnati; and
they, or a majority of them, fo met, thall not
adjourn to any other place, or for a longer time.
than three days, until they have finally completed
the buſineſs of their faid appointment; and they,
or any two of them, fhall have power to hear
and decide, in a fummary manner, all matters.
refpecting all fuch claims of which notice may
have been filed, purfuant to the third fection of
this act, alfo to adminifter oaths and examine,
witneffes, and fuch other teftimony as may be ad-
duced, and to determine thereon according to
juftice and equity; which determination fhall be
final, and when it fhall appear to them, that the
claimant is entitled to the right of preemtion;
on the terms aforefaid, they fhall give a certifi
cate thereof, ftating as accurately as may be, the
quantity and local fituation of the lands to which
he may be entitled, directed to the Regiſter of
the land-office at Cincinnati, or when the faid
Register may be a claimant to the Surveyor-Ge-
to allow
**
↓
( 284 )
}
**'*
+
7.
D-
neral, copies of whichcertificates fhall be by them
recorded. in a book to be proyded for that pur
Duty of the pofe, and depofited for fafe-keeping with the
Surveyor Al
General &
Regifter of the land-officed yet a
ಇನ್ನು
Sec. 5. And be it further enacted, That the
aforefaid Regiſter and furveyor-General, refpec-
tively, upon application of any perfon or perfons,
who fhall produce a certificate of the Commiffion-
ers aforefaid, to him directed, before the first day
of January next, and fhall alfo produce a receipt
from the Treafurer of the United States, or the
aforefaid Receiver of puplic monies, for at leaft
one fourth part of the purchaſe money, and alfo
for the payment of three dollars for each half
fection or fmaller quantity, and fhall pay him the
fees in like cafe provided by the act, intituled
Regiſter at
Cincinnati.
wate
k
An act to amend the act, intituled an act
providing for the fale of the lands of the United
States, in the territory of the United States
north-west of the Ohio, and above the mouth
of Kentucky river," fhall admit fuch perfon
or perfons to become a purchaſer or purcha
fers of the land defignated in the faid certifi
cate, and fhall receive the faid certificate, and
preferve it on file, and make an entry of the ap-
plication in his book, kept for the purpoſe, and
on any of the three laſt payments being made in
advance, he ſhall allow the purchafer the like
diſcount as is allowed by the fourth claufe of the
fifth fection of the act laft above recited; and on
payment in full, and a final fettlement had, he
fhall give his certificate thereof; upon producing
which to the Secretary of the Treaſury, a patent
fhall iffue in like manner as is provided by the
faid act laft above recited.
i
L
Sec. 6. And be it further enacted, That the
faid Receiver of public monies fhall be entitled
to have and receive, to his own ufe, from the
(28)
1
er & Commif-
reſpective claimants, the following fees, that is Fees allowed
to lay for filing a notice and evidence of claim, to the Receiv
of ſtatement thereof, twenty five cents for giving fioners.
a copy thereof, twelve and a half cents for every
one hundred words: And the faid Commiffion-
ersthall, as a full compenfation for their fervices,
be entitled, jointly, to have and receive from the
refpective claimants, that is to fay; for every de-
termination, and entering the refult in their
book, at the rate of three dollars for every fec-
tion; for every certificate, and recording the
fame, at the rate of one dollar for every fection.
Sec. 7. And be it further enacted, That all the
aforefaidtract of country fhall be furveyed by the
Surveyor General, as foon as may be after the
first day of September next, in the manner here-
inafter directed.
beo So much of the faid tract as lies between
the northern boundary line, and the aforefaid
patent of John Cleves Symmes, and affociates,
and Ifrael Ludlow's fouthern boundary of the
feventh entire range of townships, fhall be laid
off into fections, agreeably towardly and
j
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J
Mode in which
be furveyed.
the land (hall
fouthwardly lines, run under the direction of
John Cleves Symmes; and the marks thereon
made, at the time of running the aforefaid lines,
for the corners of fections, fhall be eftablifhed
by the Surveyor-General, and eaftwardly and
weftwardly lines fhall be run to interfect the afore
faid northwardly and fouthwardly lines, in the
correfponding marked point.
22. And the refidue of the faid tract, lying
north of the aforefaid fouthern boundary of the
feventh entire range, fhall be laid of into fec-
ons, according to fuch uniform rule and me-
thod, as, in the opinion of the Surveyor-General,
thall beft fecure the rights and intereft of thofe
who are entitled to preemption.
( 286 )
Ch
23. Such divifions fhall be made offections, ac
cording to the claim of fuch who obtain preamp-
tion right, and the contents of each and every.
fection, and fuch divifion thereof fhall be afcer-:
tained, and the Surveyor-General fhall prepare
and tranfmit a plan thereof to the aforefaid Re-
gifter, immediately after the faid furvey fhall be
completed, and alfo forward a copy thereof to
the Secretary of the Treaſury.
to be made as
·Sec 8 And be it further enacted, That all per-
fons, availing themfelves of a preemption under
Applications this act, fhall make application for a fection, or
for a fection of any part or parts of a fection or fections, accord-
640 acres, &c. ing to the eſtimated quantity of fix hundred and
forty acres to a fection, and the amount of the
excefs or deficiency fhall be added to or deducted
from the laſt payment, and the purchaſer fhall.
make payment for and hold the quantity returned
and expreffed in the plats, let the quantity be
more or lefs
Audi dea
Sh
4
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Sec. 9. And be it further enacted, That the
Ad
Surveyor-Ge-
Duties and al duties of the Surveyor-General, of the aforefaid
lowance of the Regifter and Receiver of public monies, as
neral, Regifter nearly as may be confiftent with this act, ſhall re-
and Receiver of fpectively be the fame as directed in and by the
laft recited act, and the fees and emoluments
fhall refpectively be the fame as provided in the
faid act laft recited.
public monies.
MAN
Parts of the
I
to be fold in a
Jifferent man-
£35.
Sec. 10. And be it further enacted, That after
completing the furveys, agreeably to this act, re-
land to be fold ferving the lots marked fixteen in each townſhip,
or fractional part of a townſhip, in which the
fame may be, for the purpoſes expreffed in the
ordinance of Congrefs of the twentieth of May,"
one thoufand feven hundred and eighty-five, the
refidue of the lands, and fo many of the aforefaid
preemptions as ſhall become forfeited by reaſon of
failures of payment, thall be fold agreeably to
the laft recited act,
L
( 284 )
with
Sec 11. And be it further enacted, That this Repeal of for
act ſhall have full operation and effect, any thing the purview
in any former law to the contrary notwithstand or this.
ing. 15 vo trave
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1
201
APPROVED-March 3d, A. D. 1801.
4
1
i
THEODORE SEDGWICK,
Speaker of the House of Repreſentatives.
S
2.
JAMES HILLHOUSE,
Prefident of the Senate pro tempore,
CHAPTER XCV.
3.1.
tr
An ACT fupplementary to the act, intituled “ An
fact concerning the diftrict of Columbia.
hieromsb.
""
JOHN ADAMS,
Prefident of the United States,
20DBOX-
Sec. 1.
BE
___
Powers of the
E it enacted by the Senate and Houfe
of Repreſentatives of the United
States of America, in Congress affembled, That the
circuit courts for the diftrict of Columbia fhall circuit court.
be and they are hereby invefted with the fame
power refpecting conftables, infpectors, and the
inſpection of tobacco and flour, furveyors, mills,
highways and ferries, for the county of Alexan-
dria, as have heretofore been vefted in the county
courts of the commonwealth of Virginia; and
for the county of Washington, the fame power
and authority as have been heretofore exercifed
by the county and levy courts of the ftate of
Maryland; with power to appoint to all other
offices neceffary for the faid diſtrict, under the
laws of the refpective ftates of Maryland and
Virginia; And all officers for whom no fpecial Fees of certain
proviſion is made by this act, or the act to which territory.
officers of the
-
( 288 )
this is a fupplement, fhall receive the fame fees.
and emoluments as they have refpectively receive
ed under the jurifdiction of the reſpective states.
Mode of re-
diftribution of
penalties.
Sec. 2. And be it further enacted, That all in
dictments fhall run in the name of the United
States, and conclude, against the peace and go-
vernment thereof: And all fines, penalties and
forfeitures accruing under the laws of the ftates
of Maryland and Virginia, which by adoption
covering and have become the laws of this diftrict, fhall be re-
covered with cofts, 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 fine fhall
accrue to the United States, and the other half
to the informer; and the faid fines fhall be col-
lected by or paid to the marfhal, and one half
thereof fhall be by him paid over to the Board of
Commiffioners hereinafter eſtabliſhed, and the
other half to the informer; and the marshal hal
have the fame power regarding their collection,
and be fubject to the fame rules and regulations
as to the payment thereof, as the fheriffs of the
reſpective ſtates of Maryland and Virginia are
fubject to in relation to the fame.
Sec. 3. And be it further enacted, That all fe-
lonies committed within the county of Alexan-
dria fhall be puniſhed in the fame manner as ſuch
crimes were puniſhable by the laws of Virginia,
as they exiſted prior to the year one thouſand ſe-
ven hundred and ninety-fix; and the circuit
court for the faid county of Alexandria ſhall poſ-
court for A. fefs and exercife the fame powers and jurifdic-
tion, civil and criminal, as is now poffeffed and
exercifed by the district courts of Virginia.
Jurifdiction
of the circuit
lexandria.
Form of in-
dictments.
1
Punishment
of felonies.
1
{
Sec. 4. And be it further enacted, That the
magiftrates, to be appointed for the ſaid diftrict,
ſhall be and they are hereby conſtituted a Board
(289)
$
of Commiffioners within their refpective coun-
ties, and fhall poffefs and exercife the fame pow
ers, perform the fame duties, receive the fanfe
fees and emoluments, as the levy courts or com-
miffioners of county for the ftate of Maryland
poffefs, perform and receive; and the clerks and
collectors, to be by them appointed, fhall be fub-
ject to the fame laws, perform the fame duties,
poffefs the fame powers, and receive the fame fees
and emoluments as the clerks and collectors of
the county tax of the state of Maryland are en-
titled to receive.
2
form a board of
Magiftrates to
county cum-
miffioners.
9
#
} +
&
{
Sec 5. And be it further enacted, That the
clerks of the circuit court fhall within their re
fpective districts, be bound to perform the fame
duties, refpecting the recording of deeds and all
other fervices, and fhall receive the fame fees and
emoluments for the fame (except in thofe cafes
provided for in the ninth fection of the act to
which this is a fupplement) as are now performed
and received by the clerks of the counties of the
refpective ftates of Maryland and Virginia.
ř p
gitives.
efcap perfons held to labour in any
See. 6. And be it further enacted, That in all
cales where the conftitution or laws of the United Delivery of
States provide that criminals and fugitives from
juftice, or ftate,
efcaping into another ftate, fhall be delivered up,
the chief juftice of the faid diftrict fhall be, and he
is hereby empowered and required to caufe to be
apprehended and delivered up fuch criminal, fu
gitive from ju tice, or perfons fleeing from fervice,
as the cafe may be, who fhall be found within the
diftrict, in the fame manner and under the fame
regulations as the executive authority of the fe
veral fates are required to do the fame; and all
executive and judicial officers are hereby required
to ebey all lawful precepts or other procefs.iflu-
ed for that purpofe, and to be aiding and aflift-
ng in fuch delivery.
344
PP
L
{
Datics and e-
moluments of
the clerks of
courts.
+
( 290 ):
Sec. 7. And be it farther enacted, That it fhall
lectors of cer-
counties
tain adjacent
be exercifed
withinthe dif-
collection of
certain publie
trict for the
dues.
Powers of the be lawful for the fheriffs and collectors of public
riffs and col- dues for the counties of Montgomery and Prince
George's in the ſtate of Maryland, and for the
fheriffs of Fairfax county in the commonwealth
of Virginia, and they fhall refpectively have full
power and authority to enter into thoſe parts of
the now diftrict of Columbia, which were here-
tofore within the limits of their reſpective baili-
wicks, for the purpoſes of collecting by diſtreſs
or otherwiſe, as they were heretofore authoriſed
to do, all 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 hundred, and ſtill remain uncol-
lected, from perfons refiding or having property,
fubject to the payment of fuch officers fees, ftate
taxes and county taxes, and levies within the
ſaid diſtrict; and all difputes or controverfies
that do or may arife between fuch fheriff or col-
lector, and the perſon or perfons from whom he
or they may claim fuch public dues, fhall be cog-
nizable before and tryed by the reſpective ftate
courts to whom the trial of fuch controverfies
heretofore belonged, and not before the court of
the district of Columbia.
1
}
Sheriff's may
arrefts.
Sec. 8. And be it further enacted, That it fhall
and may be lawful for the fheriffs of the faid
make certain counties of Montgomery and Prince George's in
the ſtate of Maryland, and for the fheriff of Fair-
fax county in the commonwealth of Virginia and
they fhall reſpectively have full power and autho-
rity to enter into thofe parts of the now diftrict
of Columbia, which were heretofore within the
limits of their refpective bailiwicks, for the pur
pofe of arrefting and conducting to the refpective
jails under their keeping and
care, as they hereto-
fore might have done had the law to which this
C
+
*
/
4
( 291 )
is a fupplement never paffed, each and every
perfon within the limits of the diſtrict of Colum-
bia, upon whom fuch fheriff hath heretofore
ferved a writ of capias ad fatisfaciendum, capias
ad refpondendum, attachment or other procefs,
iffuing from any ftate court, which commands.
and requires fuch fheriff to have the body of the
perfon before the court from which fuch writ or
proceſs hath iſſued.
The chief
Sec. 9. And be it further enacted, That where
by this act, and the act to which this is a fupple- judge and one
ment, appointments are authorized to be made of the affociate
juftices may
by the circuit court of the diftrict, it fhall be law- make appoint-
ful for the chief judge, with one of the affociate
juſtices of the faid court, to make fuch appoint-
ments.
ments.
६
C
THEODORE SEDGWICK,
Speaker of the House of Reprefentatives.
JAMES HILLHOUSE,
Prefident of the Senate pro tempore.
APPROVED-March 3d, A. D. 1801.
1
JOHN ADAMS,
Preſident of the United States.
CHAPTER XCVI.
AN ACT to amend the act altering the diſtrict
of Bermuda Hundred and City Point.
5
46
B
E it enacted by the Senate and House of Re-
prefentatives of the United States of Ame-
rica, in Congress affembled,That from and after the
paffing of this act, the mafter or commander of
any fhip or veffel arriving within the diſtricts of
Peterſburg or Richmond, laden with goods,
་
A
!
( 292 )
Ty
wares and merchandize, belonging or.configned
to perfons refident within both the faid diftricts,
fhall make entry of fuch fhip or reffel, in man
ner already prefcribed by law, with the collector
of that district wherein the owner or confignee,
or the huſband or acting manager of fuch fhip
or veffel, fhall actually refide: And the faid maf
ter or commander fhall, at the time of making
the entry 'aforefaid, deliver a duplicate manifeft
of the cargo as now required by law, to the faid
collector, whofe duty it fhall then be, to certify
the fame as a true copy, and to tranfmit it to the
collector of the other diftrict, and the delivery of
fuch goods, wares or merchandize, fhall be au-
thorized by permits from the collector of each
diftrict refpectively, in which the fame fhall have:
been duly entered according to law: Provided,
that no bona fide importer, owner or configneė
of goods, wares or merchandize, refiding in
either diſtrict, fhall be admitted to make an entry!
of fuch goods, wares or merchandize with the
collector of the diſtrict, in which fuch importer,
owner or confignee fhall not refide: And provi
ded alfo, that all entries for goods, wares or
merchandize, made by agents, for perfons refid-
ing in other diftricts, fhall be made with the col
lector of the diſtrict in which fuch fhip or veffel:
may discharge.
23
咦
​L
THEODORE SEDGWICK,
Speaker of the House of Reprefentatives.
APPROVED-March 3d, A. D. 1801.
$
JAMES HILLHOUSE,
Prefident of the Senate pro tempore.
JOHN ADAMS,
Prefident of the United States.
ل
( 293 )
bausines
Labuh b. sd.)
T
CHAPTER XCVII.
AN ACT authorizing the remiffion of duties on
- certain teas deſtroyed by fire, while under the
care of the officers of the customs, in Providence,
Rhode-Ifland.
113
BE
E it enacted by the Senate and Houſe of Re-
preſentatives of the United States of Ame-
rica, in Congress affembled, That the collector of
the diftrict of Providence, in the ftate of Rhode-
Ifland, be, and he is hereby authorized and di-
rected to remit the duties on fuch part of a cer-
tain quantity of teas, imported into the
port of
Providence, in the fhip called the Refource, on
the twenty-ninth day of July one thoufand eight
hundred, by Thomas Lloyd Halley, John Corlis,
William F. Megee, and Henry Smith, of the
town of Providence, merchants, and on fuch
part of a certain quantity of teas, imported into
the ſaid port, in the fhip called the Ann and
Hope, on the twenty-fecond day of Auguft, in
the fame year, by John Innes Clark, of the faid
town, merchant, as remained depofited to fecure
the payment of duties, under the care of the
officers of the cuſtoms, on the twenty-firft day
of January laft, in the aforefaid town of Provi-
dence, and ſhall be proved, to the fatisfaction of
the faid collector, to have been burned and de-
ftroyed.
yux
APPROVED-March 3d, A. D. 1801.
THEODORE SEDGWICK,
Speaker of the House of Repreſentatives.
JAMES HILLHOUSE,
Prefident of the Senate pro tempore.
}
ZIY
Wema JOHN ADAMS,
Prefident of the United States.
( 294 )
CHPTER XCVIII, dunqz vod
bei igia son
ܪܚ
Sec. 1.
ܬ
AN ACT making appropriations for the fupport of
Government for the year one thousand eight hun-
dred and one.
BE
Specific ap-
E it enacted by the Senate and Houſe
of Reprefentatives of the United States
of America, in Congress affembled, That for the
probriations. fupport of government, and to diſcharge certain
claims and expenfes hereafter enumerated, the
following fums be and are hereby appropriated,
that is to ſay:
For the compenſation granted by law to the
Prefident and Vice-Prefident of the United States,
thirty thousand dollars.
For the like compenfation to the members of
the Senate and Houfe of Reprefentatives, their
officers and attendants one hundred and ninety-
three thouſand four hundred and feventy dollars.
For the contingent expenfes of the two houfes
of Congreſs, including the payment of certain
articles of furniture purchaſed for the accommo-
dation of Congreſs, and not provided for by
former appropriations,feventeen thousand dollars.
For the compenfation granted by law to the
judges of the United States, the attorney-gene-
ral, the diſtrict attorneys, and marfhals, eighty-
three thouſand four hundred dollars.
For defraying the expenfes of courts, jurors
and witneſſes, and for defraying the enpenfes of
profecutions for offences againſt the United
States, and for fafe keeping of priſoners, thirty
thouſand dollars.
I
For compenfation to the Secretary of the
Treaſury, clerks and perfons employed in his of
fice, eleven thoufand three hundred and nine
dollars, eighty-one cents.
( 295 )
propriations.
For expenſes of ſtationary, printing, tranflat- Specinc ap-
ing foreign languages, allowance to perfons em-
ployedio receiving and tranfmitting paſſports and
fea-letters, and all other contingent expenfes in
the office of the Secretary of the Treafury, eight
hundred dollars.
For compenfation to the Comptroller of the
Treafury, clerks, and perfons employed in his
office, twelve thouſand nine hundred and feven-
ty-feven dollars, eight cents..
For expenfe of Stationary, printing, and all
other contingent expenfes in the Comptroller's
office, eight hundred dollars.
For compenfation to the Auditor of the Trea-
fury, clerks and perfons employed in his office,
twelve thouſand two hundred and twenty dol-
lars, ninety-three cents.
=
For expenſe of ſtationary, printing, and all
other contingent expenfes in the Auditor's office,.
feven hundred and fifty dollars.
For compenfation to the Treafurer, clerks and
other perfons employed in his office, fix thouſand
three hundred and forty-eight dollars, ninety-
eight cents.
For expenſe of ſtationary, printing, and all
other contingent expenfes in the Treafurer's of
fice, three hundred dollars.
For compenfation to the Commiffioner of the
Revenue, clerks, and other perfons employed in
his office, fix thouſand two hundred and fifty-
three dollars, fix cents.
For expenſe of ſtationary, printing, and all
other contingent expenfes in the office of the
Commiffioner of the Revenue, nine hundred
dollars.
For compenfation to the Regiſter of the Trea-
fury, clerks, and perfons employed in his office,
fixteen thousand and fifty-two dollars, one cent.
(296)
Specific ap-
propriations.
For expenſe of ſtationary, printing, and all
other contingent expenfes in the Regifter's
office, two thouſand eight hundred dollars.
"For compenfation to the Superintendant of
Stamps, clerks, and perfons employed in his of
fice, and for making good a deficiency in for-
mer appropriations for the ftamp-office, five thou-
fand nine hundred and ninety dollars, twenty-
four cents.
For expenſe of ſtationary, printing, and all
other contingent expenfes in the ftamp-office,
fix hundred dollars.
For compenfation to the Secretary of the com-
miffioners of the finking fund, two hundred and
fifty dollars,
For firewood and candles for the offices of the
treaſury, including the ftamp-office and other
contingencies, four thousand dollars.
For defraying the expenſe of ſtating and print-
ing the public accounts for the year one thouſand
eight hundred and one, one thouſand two hun-
dred dollars.
For making good the deficiency of former ap-
propriations, for the expenfe of removing the
books and records of the treaſury from Philadel-
phia to Trenton, in the year one thouſand feven
hundred and ninety-nine, two thouſand fix hun-
dred and thirty-nine dollars, feventy-fix cents.
For the expenſe of new office furniture for the
treaſury, at the city of Waſhington, two thou-
fand dollars.
For flooring the treafury, and incidental ex-
penſes for fecuring the buildings and records of
the treaſury, three hundred and fifty-nine del-
lars, eighty-three cents.
For paying two watchmen for the treaſury,
fix hundred dollars.
For the expenfe of two buildings for ineffen-
3
( 297 )
propria-
gers of the treafury, and finking two wells for Specific ap-
the treafury, five thoufand one hundred and ins
twenty-two dollars.
For compenfation to the feveral loan-officers,
thirteen thousand two hundred and fifty dollars.
For compenfation to the clerks of the com-
miffioners of loans, and an allowance to certain
loan-officers in lieu of clerk hire, twelve thou-
fand one hundred dollars.
→
For defraying the authorized expenfes of the
feveral loan-officers, two thouſand nine hundred
dollars.
C
For compenfation to the Secretary of State,
clerks, and perfons employed in his office, eleven
thouſand three hundred and fixty dollars.
For the contingent expenfes of the office of
ftate, thirteen thoufand five hundred dollars.
For compenfation to the director of the mint,
officers, clerks, and other perfons, employed in
the mint eſtabliſhment, feventeen thouſand fix
hundred dollars.
For repairs, and all other contingent expenfes
in the mint eſtabliſhment, fix thouſand three
hundred dollars.
ર
For compenfation to the Secretary of War,
clerks, and perfons employed in his office, eleven
thouſand two hundred and ten dollars.
•
For the compenſation of two additional clerks
employed by the Secretary at War in copying pa-
pers in the office of the Secretary of the Treafury,
to replace thofe lately burnt in the war-office,
one thouſand two hundred dollars.
For fuch additional compenfation to the clerks
of the feveral departments of the treaſury, of
ftate, of war, of the navy, and of the general
poſt-office, not exceeding for each department,
reſpectively, fifteen per cent. in addition to the
fums allowed by the act, intituled “An act to
regulate and fix the compenfation of clerks, as
Q ૧
(298)
1
propria-
tions.
Specific ap- the Secretaries of the faid departments and the
Poft-mafter-general, may refpectively think rea-
fonable for the preſent year, to be diſtributed as
the faid Secretaries and the Poft-mafter-general,
reſpectively, fhall think proper, to the clerks in
their departments, refpectively, 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
fervices in the year one thoufand eight hundred,
the fum of three hundred dollars.
For contingent expenfes attending the office of
Secretary of War, and to make good the defici-
ency of former appropriations, five thoufand
dollars.
For compenfation to the accountant of the war
department, clerks, and perfons employed in his
office, ten thouſand nine hundred and ten dollars.
For contingent expenfes in the accountant's
office, one thoufand dollars.
For compenfation to the purveyor of public
fupplies, clerks, and perfons employed in his of
fice, and for contingent expenfes of the fame,
four thousand four hundred and fixty-fix dollars.
For compenfation to the Secretary of the Navy,
clerks, and perfons employed in his office, nine
thouſand one hundred and ten dollars.
For contingent expenfe in the office of the
Secretary of the Navy, three thouſand three
hundred dollars.
For compenfation to the accountant of the
navy department, clerks, and perfons employed
in his office; and to make good a deficiency in
the appropriation of the laft year, eleven thou-
fand four hundred and forty-nine dollars, forty-
one cents.
For the contingent expenſes in the accountant's
office, feven hundred and fifty dollars.
( 299 )
For compenfation to the Poftmafter-General, Specific appre-
Affiftant Poſtmaſter-General, clerks, and perfons priations.
employed in the general poft-office, nine thou-
fand nine hundred and fixty dollars.
For the contingent expenſe in the general poſt-
office, two thouſand one hundred and twelve dol-
lars, fifty cents.
For compenfation to the Surveyor-General,
the contingent expenfes in his office, and the ex-
penfe of executing furveys of the public land
north-weft of the river Ohio, twenty-eight thou-
fand two hundred dollars.
For falaries to the governor, fecretary, and
judges of the territory north-weft of the river
Ohio, and the contingent expenfes of that go-
vernment, five thousand five hundred dollars.
For falaries to the governor, fecretary, and
judges of the Miffiffippi territory, and the con-
tingent expenſes of that government, five thou-
fand five hundred dollars.
- For falaries to the governor, fecretary, and
judges of the Indiana territory, and the contin-
gent expenſes of that government, five thoufand
five hundred dollars.
For the diſcharge of fuch demands againſt the
United States unprovided for, as fhall be afcer-
tained and admitted in due courfe of fettlement
at the Treafury, two thouſand dollars.
For fatisfying annuities and grants to Ifaac Van
Wart, John Paulding, David Williams, Jofeph
De Bealeau, Jofeph Traverfie, James M'Kenſie,
Jofeph Bruffels, Elizabeth Bergen, and the chil-
dren of major Alexander Trueman, and colonel
John Harding, one thoufand feven hundred and
fifty-three dollars thirty-three cents.
For the expenſes of intercourfe with foreign
nations during the preſent year, and making good
the deficiency of the appropriation for the year
( 300 )
•Specific ap-
propriations.
one thouſand eight hundred, for the expenſe of
the miffion to France, eighty-five thousand dol-
lars.
11
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 fixty-four dollars.
For a deficiency of former appropriations for
carrying into effect the treaty between the United
States and the King of Spain, forty-fix thoufand
five hundred dollars.
For fulfilling the engagements of the United
States with the Mediterranean powers, two hun-
dred and fifty-fix thouſand dollars.
For profecuting the claims of American citi-
zens for property captured by the belligerent
powers, fixty-four thousand dollars.
For the relief of American feamen, thirty
thouſand dollars.
For defraying the further expenfes incident to
the valuation of houfes and lands, and the enu-
meration of flaves within the United States, forty
thousand dollars.
For the fupport of light-houſes, beacons, buoys
and public piers, and other improvements in na-
vigation, thirty-eight thouſand fix hundred and
twenty-two dollars, feventy cents.
For difcharging the expenfe of the fecond
enumeration of the inhabitants of the United
States, the fum of fixty thousand dollars.
For diſcharging fuch mifcellaneous claims a-
gainſt the United States, not otherwiſe provided
for, as fhall be admitted at the Treafury, which
according to the ufage thereof, require payment
in fpecie, four thousand dollars.
For the expenfe of returning the votes for
Prefident and Vice-Prefident of the United States
one thouſand five hundred and twenty-four dol-
lars, fifty cents.
( 301 )
For repairing the building occupied by the trea-
fury department, the fum of two thousand dollars.
For fatisfying the claim of Clement Biddle,
twenty-nine thoufand eight hundred and fifty-
fix dollars, fixty-three cents.
For errecting a light-houfe at old Point Comfort,
the fum of three thouſand five hundred dollars.
Sec. 2. And be it further enacted, That the fe-
veral appropriations, herein before made, fhall be
paid and difcharged out of any monies in the
Treaſury, not otherwife appropriated.
THEODORE SEDGWICK,
Speaker of the House of Reprefentatives.
JAMES HILLHOUSE,
Prefident of the Senate, pro tempore.
APPROVED-March 3d, A. D. 1801.
Sec. I.
JOHN ADAMS,
Prefident of the United States.
CHAPTER XCIX.
AN ACT directing the mode of eftimating certain
foreign coins and currencies, and of making out in-
voices in certain cafes.
B
E it enacted by the Senate and Houſe
of Reprefentatives of the United States
of America, in Congrefs affembled, That from and
after the paffing of this act, the foreign coins
and currencies herein after mentioned, fhall be
eſtimated in the computation of duties, at the
following rates; each ficca rupee of Bengal and
each rupee of Bombay, at fifty cents; and each
ftar pagoda of Madras, at one hundred and
(302)
*
eighty-four cents; any thing in any former act
to the contrary notwithſtanding.
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 currency 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 fuch foreign cur-
rency or currencies, without any refpect to the
value of the coins of the United States, or fo-
reign coins, which now are, or fhall be by law
made current within the United States, in fuch
foreign place or country.
3
AFPROVED-March 3d, A. D. 1801.
2
THEODORE SEDGWICK,
Speaker of the House of Reprefentatives.
JAMES HILLHOUSE,
Prefident of the Senate, pro tempore.
Sec. i.
JOHN ADAMS,
Prefident of the United States.
CHAPTER C.
AN ACT to augment the falaries of the district
judges in the districts of Maſſachuſetts, New-
Fork, New-Jersey, Delaware and Maryland,
respectively.
BE
E it enacted by the Senate and Houſe
of Reprefentatives of the United
States of America, in Congress affembled, That
inſtead of the compenfation at prefent allowed to
the diſtrict judges for the diſtricts of Maſſachu-
(303)
1
fetts, New-York, Delaware, and Maryland,
reſpectively, there fhall hereafter be allowed to
the diſtrict judge for the diftrict of Maffachuſetts,.
the yearly falary of fixteen hundred dollars;
to the district judge for the diftrict of New-York,
the yearly falary of fixteen hundred dollars; to
the diſtrict judges for the diftricts of New-Jerſey
and Delaware, the yearly falaries of twelve hun-
dred dollars each, and to the diſtrict judge for
the diſtrict of Maryland, the yearly falary of fix-
teen 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 thoufand eight hundred and one
there fhall be appropriated the fum of eight hun-
dred dollars, to fatisfy the additional compenfa-
tion hereby allowed to the diſtrict judges, to be
paid out of any monies in the treafury not other-
wife appropriated.
-
THEODORE SEDGWICK,
Speaker of the House of Reprefentatives.
JAMES HILLHOUSE,
Prefident of the Senate, pro tempore.
APPROVED-March 3d, A. D. 1801.
JOHN ADAMS,
Prefident of the United States.
CHAPTER CI.
AN ACT in addition to an act, intituled" An act
making proviſion for the further accommodation
of the houshold of the Prefident of the United
States."
Sec. I.
E it enacted by the Senate and Houfe
of Reprefentatives of the United
States of America, in Congress affembled, That the
B'
1
( 304 )
}
Secretary of the Treaſury be authorized to ap-
point a proper perfon, who fhall receive the public
property belonging to the houfhold of the Preft-
dent of the United States, and, after taking an
inventory of the fame, fhall deliver it, after the
third day of March inftant, to the Preſident of the
United States.
}
Sec. 2. And be it further enacted, That fuch
articles of the furniture belonging to the Prefi-
dent's houfhold as may be decayed, out of repair,
or unfit for uſe, and as the Prefident of the
United States for the time being, may direct, and
all the public property, other than furniture, now
belonging to the ſaid houfhold, fhall be fold, un-
der the direction of the heads of the feveral depart-
ments of ſtate, of the treafury, of war, and of
the navy; and that the proceeds of fuch fales be
expended, in addition to the funds already appro-
priated for that purpoſe, under the direction of
the fame officers, for the purpofe of providing
furniture for the houfe erected for the accomo-
dation of the Prefident of the United States.
THEODORE SEDGWICK,
Speaker of the House of Reprefentatives.
JAMES HILLHOUSE,
Prefident of the Senate, pro tempore.
APPROVED-March 3d, A. D. 1801.
JOHN ADAMS,
Prefident of the United States.
CHAPTER CII.
AN ACT making appropriations for the navy of the
United States, for the year one thoufand eight hun-
dred and one.
Sec. I. E it enacted by the Senate and Houfe
of Reprefentatives of the United
States of America, in Congress affembled, That for
BE
(305)
appropria-
defraying the expenſes of the navy of the United Specifie
States, for the year one thoufand eight hundred ions.
and one, there fhall be, and hereby is appro-
priated the fum of three millions forty-two thou-
fand three hundred and fifty-two dollars and
ninety-five cents; that is to fay:
For the pay of the officers of the navy of the
United States, the fum of three hundred and
eighty-two thouſand ſeven hundred and eighty-
eight dollars.
For the fubfiftence of the officers of the navy,
the fum of fixty-nine thoufand eight hundred
and two dollars and fixty cents.
For the pay of the feamen, the fum of eight
hundred and fixteen thoufand fix hundred and
fixty dollars.
For provifions, the fum of five hundred and
ninety-feven thouſand one hundred and one
dollars and thirty-feven cents.
For the expenſes of medicines, hoſpitals, and
hofpital ftores, the fum of thirty-one thoufand
fix hundred and forty-feven dollars, and twenty
cents.
For the contingent expenfes of the navy, in-
cluding expenditure of military ftores, the fum
of thee hundred and forty-four thoufand fix
hundred dollars.
For faleries to ſtore-keepers, clerks, ftore-rent,
labourers, and other contingencies, the fum of
thirty-feven thoufand eight hundred and fifty
dollars.
For the pay of the officers, non-commiffioned
officers, and privates of the marine corps, the fum
of ninety-nine thousand two hundred and thirty-
four dollars.
For the fubfiftence of the officers and privates
of the marine corps, the fum of eleven thoufand
four hundred and eighty-fix dollars and ten cents.
Rr
+
(306)
}
Specific ap.
propria-
ons
For cloathing for the marine corps, the fum of
thirty-three thoufand five hundred and eighty-
one dollars, and thirty cents.
A
For military ftores for the marine corps, the
fum of nine thouſand one hundred and fixty-fix
dollars, and thirty eight cents.
For the contingent expenfes of the marine
corps, including camp-equipage, quarter-mafter,
barrack-mafter, hofpital ftores, ftationary, and
other contingencies, the fum of thirteen thou-
fand four hundred and thirty-fix dollars.
For the expenfes attending fix feventy-four
gun fhips, and for completing navy-yards, docks,
and wharves, the fum of five hundred thoufand
dollars.
For erecting marine barracks, the sum of
twenty thousand dollars.
For maintenance of French prifoners, the fum
of thirty thouſand dollars.
For making up deficiency of former appropria-
tions for the maintenance of French prifoners,
the fum of forty-five thousand dollars.
Sec. 2. And be it further enacted, That the
feveral appropriations herein before made fhall
be paid out of the unexpended balance of ap-
propriations for the navy, at the cloſe of the laft
year, and out of any other monies in the trea-
fury not therwiſe oppropriated.
THEODORE SEDGWICK,
{
t
Speaker of the House of Repreſentatives,
JAMES HILLHOUSE,
Prefident of the Senate, pro tempore.
APPROVED-March 3d, 1801.
JOHN ADAMS,
{
Prefident of the United States.
( 307 )
•
BE
Times and
places of
circuit
courts of
Maffachu-
tered:
E it enacted by the Senate and House
of Representatives of the United
States of America, in Congress affembled, That the holding the
circuit courts of the United states, within the
diftricts of Maine, New Hampshire, Maffachu- Maine, N.
fetts and Rhode-Ifland, fhall, after the paffing of Hampshire,
this act, commence and be refpectively held on fetts, al-
the feveral days herein after expreffed, inftead of
the times heretofore eſtabliſhed by law: that is to
fay in and for the diftrict of Rhode-Ifland, at
Providence, on every firft day of April, and at
New-Port on every eleventh day of November;
in and for the diftrict of Maffachuſetts, on every
eighth day of April and twenty fifth day of Oc-
tober; 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 diftrict of Maine, at
Portland, on every firft day of May, and at
Wifcaffet on every fixth day of October, ex-
cept when any of thofe days fhall happen on
, a Sunday, and then the feffion fhall commence
on the next day following.
;
"
++
to 1
ZY
Sec. 2. And be it further enacted, That all
actions, fuits, procefs and other proceedings of Continu-
what nature or kind foever, depending and un- thofe cour
determined before the circuit courts aforefaid
refpectively, or that fhall be depending and
undetermined on the first day of April next,
before the diftrict court for the diftrict of Maine,
acting as a circuit court, fhall be continued to the
xt circuit courts, refpectively hereby directed
****
ܕ
CHAPTER CIII.
An ACT for altering the times and places of holding
2
certain courts therein mentioned, and for other
SVETLA
Purposes.
ار
{
Sec. I.
$8
A
16
{
(308)
↓
to be holden in and for the diſtricts aforeſaid, re-
S
ſpectively.
Sec.
Cauſes to
ed on there-
in.
3 And be it further enacted, That all
be proceed. writs and proceffes which have been, or ſhall be
duly fued out and made returnable to either of
the circuit courts aforefaid, or to the diftrict
court for the diftrict of Maine, acting as a cir-
cuit court, on either of the days on which the
fame.courts were refpectively to have been held,
prior to the paffing of this act, and all recogni-
zances that have been or fhall be duly taken and
made fo returnable (faid writs and proceffes hav-
ing been duly and ſeaſonably ſerved) fhall be re-
turned to and proceeded upon in the ſaid next
circuit courts reſpectively, which are next to be
holden in and for the diſtricts aforefaid, respec-
tively, as hereby directed; and all property at-
tached by virtue of ſuch writs or proceffes, fhall
be held in due form of law to reſpond the final
judgments that ſhall be obtained upon the fame
reſpectively.
Times and
diſtrict
na, altered.
Sec. 4 And be it further enacted, That the
diftrict courts of the United States, in the ſtate.
places of of North Carolina, fhall, after the paffing of this
holding the act, commence and be held on the feveral days
courts in herein after expreffed, inftead of the times here-
N. Caroli-tofore eſtabliſhed by law, that is to ſay: at
Edenton in and for the diftrict of Albemarle on
every laft Monday of March, third Monday of
June, and laſt Monday of November; at New-
bern in and for the diftrict of Pamptico, on
every firſt Monday of April, fourth Monday of
June and firft Monday of December; and at
Wilmington in and for the diftrict of Cape Fear,
on every fecond Monday of April, firſt Monday
of July and fecond Monday of December.
Sec. 5. And be it further enacted, That all
actions, ſuits, writs, proceſs, pleadings and other
( 309 )
ance of
courts of N.
fey.
proceedings commenced, inftituted, depending Contin
or exifting in the diftrict courts of the diftricts of caufes in the
New-Jerfey and North-Carolina, at the time of diſtrict
the paffing of this act, fhall be continued in Carolina
manner following, that is to fay; all fuch com- and N. Jer-
menced, inftituted, depending or exifting in the
diftrict court of the diſtrict of New-Jerfey, to
the next diftrict court to be holden in the diftrict
of Eaft-Jerfey; and all fuch commenced, infti-
tuted, depending or exifting in the district court
of the diftrict of North-Carolina, fhall be con-
tinued to the next diſtrict court to be holden in
the diſtrict of Pamptico.
circnit
Sec. 6. And be it further enacted, That from Place of
and after the paffing of this act, the circuit court holding the
of the United States for the diftrict of Ken-court in
tucky, fhall be holden at Frankfort, within and Kentucky.
for faid diſtrict, on the days already eftablished by
law, inftead of at Beardstown, any thing in any
other law to the contrary notwithſtanding.
of Colum-
Potomac
Sec. 7. And be it further enacted, That the Chief judge
chief judge of the diftrict of Columbia fhall hold bia to be
the district courts of the United States in and for the judge
the diftrict of Potomac, and fhall have, exercife of mac
and perform, within the faid diftrict of Potomac,
all the powers and duties now poffeffed, exercifed
and performed by the diftrict Judges of the
United States within their refpective diftricts.
THEODORE SEDGWICK,
Speaker of the House of Representatives.
JAMES HILLHOUSE,
Preſident of the Senate pro tempore.
APPROVED-March 3d, A. D. 1801.
JOHN ADAMS,
Prefident of the United States.
( 310 )
1
CHAPTER CIV.
An ACT to amend the act, intituled "An act to pro-
vide for the valuation of lands and dwelling houses,
and the enumeration of flaves, within the United
States," and to repeal the act, intituled "An act
to enlarge the powers of the surveyors of the re-
venue."
B
E it enacted by the Senate and House
of Representatives of the United
Surveyors States of America, in Congress affembled, That each
furveyor of the revenue who has been or fhall be
of the re-
Sec. I.
Venue to
tain returns
tors of the
revenue.
-+
©
make cor- appointed under the act, intituled "An act to
to the furs provide for the valuation of lands and dwelling
pervifors houſes, and the enumeration of flaves within
2nd infpec- the United States," after completing the lifts of
the fums payable, for every dwelling houſe and
flave within the diftrict to which fuch furveyor
does or shall belong, and delivering the fame to
the collector of the revenue, and after taking
receipts for fuch lifts from the collector, in the
manner provided by the act, intituled "An act
to lay and collect a direct tax within the United
States," fhall tranfmit to the fupervifor of the
district, or to the infpector of furvey, in any
diſtrict comprehending more than one furvey of
infpection, to which fuch furveyor does or may
belong, the receipts given by the collector for
fuch lifts, together with all the records of the
lifts, valuations and enumerations, which he has
received or ſhall receive, or which doth or fhall
exift in his office under authority of the act firft
mentioned; and it fhall be the duty of fuch fu-
pervifor or inſpector to receive fuch receipts, re-
cords and papers, and fafely to preferve the fame.
*
Sec. 2. And be it further enacted, That fo
much of the act, intituled "An act to provide
•
(311)
H
former act.
for the valuations of lands and dwelling houſes, Repeal of
and the enumeration of flaves," as makes it part of the
the duty of the furveyors of the revenue to
record the transfers of lands or dwelling houfes,
included in the faid valuations, and to view and
apportion the value of fuch land or dwelling
houfes as fhall be divided by fale or partition,
and to value and affefs new dwelling houſes
and lands which are exempted, but which fhall
ceaſe to be exempted from taxation by the
laws of the ſtate, where the fame fhall be fituated,
and to cancel or reduce the valuation of dwell-
ing houſes, which may be damaged or deftroyed
by fire or other accidents, fhall be and the fame
is hereby repealed.
former act.
Sec. 3. And be it further enacted, That the Repeal of a
act, intituled “ An act to enlarge the powers of
the furveyors of the revenue," paffed on the
thirteenth day of May, in the year one thoufand
eight hundred, fhall be and the fame is hereby
repealed.
THEODORE SEDGWICK,
Speaker of the House of Representatives.
TH: JEFFERSON, Vice Preſident of the
United States and Prefident of the Senate.
APPROVED-February 27th, 1801.
JOHN ADAMS,
Prefident of the United States.
CHAPTER CV.
An ACT for erecting light houses on New Point
Comfort, and on Smith's Point, in the ftate of Vir-
ginia, and on Faulkner's land in Long Iſland
Sound, in the state of Connecticut, and for placing
buoys in Naraganset Bay.
Sec. I.
BE it enacted by the Senate and House
of of the United
States of America, in Congress affembled, That as
( 312 )
Light
houses to
be ereaed
on New
Point Com
fort and on
Smith's
Point.
foon as a ceffion fhall be made by the ftate of
Virginia to the United States, of the juriſdiction
over the land proper for the purpoſe, the Secre-
tary of the Treaſury be, and he is hereby autho-
rized to provide by contract, to be approved by
the Prefident of the United States, for building
a light houfe on New Point Comfort, and ano-
ther light houfe on Smith's Point, both in the
ftate aforefaid, and to furniſh the fame with all
neceffary fupplies; and alfo to agree for the fala-
ries or wages of the perfons, who may be ap-
pointed by the Preſident for the fuperintendance
and care of the fame, and that the Prefident be
authorized to make the ſaid appointments.
A light
Faulkner's
Mand.
Sec. 2. And be it further enacted, That as
houle to be ſoon as a ceffion fhall be made by the ſtate of Con-
erected on necticut, of the jurifdiction over the land proper
for the purpoſe, the Secretary be, and he is
hereby authorized to provide by contract, to be
approved by the Prefident of the United States,
for building a light houfe on Faulkner's Ifland,
in Long Iſland found, in the faid ftate of Con-
necticut, and to furnish the fame with all neceffa-
ry ſupplies, and alfo to agree for the falaries or
wages of the perfon or perſons appointed by the
Prefident for the fuperintendance and care of the
fame, and that the Prefident be authorized to
make the faid appointments.
Sec. 3. And be it further enacted, That the
Buoys to be
Secretary of the Treafury be, and he is hereby
placed in
Naraganfet authorized and directed to caufe to be placed one
buoy on the fhoal fouth of Kinnimicut Point, and
one buoy on a ledge called the half way rock,
in the Narraganfet Bay, in the ftate of Rhode-
Ifland.
Bay.
Appropria
tion.
Sec. 4. And be it further enacted, That there
be appropriated and paid, out of the monies
arifing from imports and tonnage, the fum of
( 313 )
five thousand dollars for the purpoſe of erecting
the light houſe as aforefaid on New Point Com-
fort; the fum of nine thouſand dollars for the
purpoſe of erecting the light houfe as aforefaid on
Smith's Point; and the fum of fix thouſand dol-
lars for erecting the light houfe as aforefaid on
Faulkner's Iſland in Long Iſland Sound, and the
fum of one hundred and fifty dollars for placing
two buoys as aforefaid in the Narraganfet Bay,
in the ſtate of Rhode-Ifland.
THEODORE SEDGWICK,
Speaker of the House of Reprefentatives.
JAMES HILLHOUSE,
Prefident of the Senate, pro tempore.
APPROVED-March 3d, A. D. 1801.
JOHN ADAMS,
Prefident of the United States.
CHAPTER CVI.
An ACT further to alter and to establish certain
poft-roads.
Sec. I.
Bit
E it enacted by the Senate and Houfe
of Reprefentatives of the United
States of America, in Congress affembled, That the
following poſt-roads be difcontinued:
Certain
poft-roads
to be
From Lancaſter to New-Holland in Pennfyl- Po te dit
vania.
continued.
From Greenville in Tenneffee, by the Warm
Springs, to Buncomb court-houſe.
From Flizabeth city in North Carolina, by
New-Lebanon, to North-Weft river bridge.
་
From Upper Marlborough to Pifcataway.
From Henderſon court-houfe to Muhlenberg
court-houſe.
Sec. 2. And be it further enacted, That the
following be eſtabliſhed as poſt-roads.
S s
( 314 )
New poſt
roads efta-
bliſhed,
IN MAIN-
From Standish to Fryburg.
IN NEW-HAMPSHIRE-
From Amherſt by Francis-town, Washington
and Claremont, to Windſor in Vermont.
IN VERMONT-
From Bennington to Brattleborough.
From Newbury by Bradford, Corinth, Wafh-
ington and Barre, to Montpelier.
IN MASSACHUSETTS—
From Leominster, through Westminster, Tem-
pleton and Athol, to Greenfield.
From Worceſter, by Mendon, to Providence,
and from Worcefter to Lancafter.
IN RHODE-ISLAND-
From Providence, by Rehoboth and Attlebo-
rough, to Taunton, Maffachuſetts.
IN NEW-YORK-
From Albany, by Duanesburg and Durlock,
to Cherry Valley.
From Poughkeepfie, by Sharon, to Litchfield.
IN DELAWARE-
U
From George-town, by Concord and the vil-
lage of Laurel, to Saliſbury.
IN MARYLAND-
From Annapolis to Eafton, by Young Had-
daways.
From Annapolis to Centre-ville,by Kent-ifland.
From the city of Waſhington to Piſcataway.
From Elkton, by Warwick and Bridge-town,
to Greenſborough, in Caroline county.
From the city of Waſhington, by Brookville
and W. Hobb's in Frederick county, to Taneyton.
From the city of Waſhington to Wiley's tavern
in Fairfax county, Virginia.
IN PENNSYLVANIA-
From Pittſburgh, by George-town and Can-
field, to Warren in the North-weſtern territory.
From Berwick to Wilkefbarre.
( 315 )
1
IN VIRGINIA-
From Richmond to Charles city court-houfe. New poft
roads eſta.
bliſhed.
The
From Clarksburg to Marietta.
From Romney to Morganton or Clarkefburg.
From Alexandria, by Thomas's ferry, to Pif-
cataway in Maryland.
From Halifax court-houfe to Danville.
From Bowling-green, by Broaddus's mill, S.
Harriſon's and Dunkirk, to New Kent court-
houſe.
The poſt-road from Jerufalem to Hick's ford
fhall paſs by the Croſs-keys, and from the Croſs-
keys to Murfreesborough.
From Peterſburg, by Suffex court-houſe, to
Southampton court-houfe.
From James-town to Farm-ville.
The mail from Mecklenberg court-houſe in
Virginia, to Chriftian-ville, ſhall be carried by
Marſhall's and Wilfon's ftore.
IN THE NORTH-WESTERN TERRITORY.
From Cincinnati to Detroit.
IN INDIANA TERRITORY-
From Vincennes, by Kafkafkias, to Kahokia.
IN KENTUCKY-
From Harding court-houfe to Breckenridge
court-houfe, to Henderfon court-houfe,, Eddy
Grove and Eddy-ville, to Fort Maffac.-
From Breckenridge court-houſe, by Hartford
and Vienna, to Muhlenberg court-houſe.
IN TENNESSEE—
From Knoxville, by Sevierville, New-port and
the Warm fprings, to Buncomb court-houſe.
From New-port by Cheek's cross-roads to
Orefyille.
IN THE MISSISSIPPI TERRITORY-
From Natchez to the fouthern boundary line
of the United States.
}
New polt
roads cfta.
billed.
Privilege of
franking
extended
to John
Adams.
( 315 )
IN NORTH-CAROLINA-
The poſt-road from Raleigh to Chatham court
houfe, ſhall pafs through Haywoodfborough.
The poft road from Raleigh to Newbern, ſhall
pafs through Green county.
From Elizabeth city to Indian-town and Tull's
creek, to North-weft river bridge.
The poft-road from Winton to Windſor ſhall
pafs through Pitch-landing and Colerain.
From Louifburg, by Nath court-houſe, to
Tarborough.
From Charlotte court-houſe to York court-
houfe, in South-Carolina.
From Charlotte to Camden, in South Carolina.
Sec. 3. And be it further enacted, That all
letters and packets from John Adams, now Pre-
fident of the United States, after the expiration
of his term in office, and during his life, fhall be
received and conveyed by poft free of poftage.
Sec. 4. And be it further enacted, That this
act fhall not be conftrued to affect any exifting
contracts.
THEODORE SEDGWICK,
Speaker of the Houfe of Representatives,
JAMES HILLHOUSE,
Prefident of the Senate, pro tempore.
APPROVED-March 3d, A. D. 1801.
JOHN ADAMS,
Prefident of the United States.
1
RESOLUTION respecting certain property of the
United States in the poffeffionof Thomas Claxton,
James Mathers and Thomas Dunn, door keepers
to Congress.
ESOLVED by the Senate and House of Re-
presentatives of the United States of America,
in Congress affembled, That Thomas Claxton,
q
( 317 )
James Mathers and Thomas Dunn, be permitted
to occupy, free of rent, until otherwife directed
by Congrefs, the houſes now in their reſpective
poffeffion, the property of the United States, in
the public fquare in the city of Waſhington on
which the Capitol ftands, together with a ſmall
piece of ground contiguous to each, for a gar-
den, to be incloſed in ſuch a manner as not to
interfere with any of the public ſtreets or avenues
paffing through the faid fquare.
THEODORE SEDGWICK,
Speaker of the House of Reprefentatives.
JAMES HILLHOUSE,
Prefident of the Senate, pro tempore.
APPROVED March 2d. AD. 1801.
JOHN ADAMS,
Prefident of the United States.
BY JOHN ADAMS,
Prefident of the United States of America,
A PROCLAMATION.
WHEREAS a Treaty of Amity and com-
merce, between the United States of America
and his Majeſty the King of Pruffia, was con-
cluded and figned at Berlin on the eleventh day
of July, in the year of our Lord one thou-
fand feven hundred and ninety-nine, by the Ple-
nipotentiaries of the faid United States and of His
Majeſty the King of Pruffia, duly and reſpectively
authorized for that purpofe; which Treaty is in
the words following, to wit:
J
( 318 )
}
!
}
1
TREATY
1
OF
Amity and Commerce
HIS MAJESTY THE KING OF PRUSSIA,
BET WEEN
UNITED STATES OF AMERICA.
HIS Majefty the King of Pruffia, and the
United States of America, defiring to maintain
upon a ftable and permanent footing, the con-
nections of good underſtanding, which have hi-
therto fo happily fubfifted between their reſpective
States, and for this purpofe to renew the Treaty
of Amity and Commerce concluded between the
two powers, at the Hague, the roth of Septem-
ber, 1785, for the term of ten years, his Pruffian
Majefty has nominated and cónftituted as his
Plenipotentiaries, the Count Charles William de
Finkenſtein, his Minifter of State, of War,
and of the Cabinet, Knight of the orders of the
black Eagle and of the red Eagle, and com-
mander of that of St. John of Jerufalem, the Ba-
rön Philip Charles d'Alvenfleben, his Minifter
of State, of War, and of the cabinet, Knight
of the orders of the black Eagle and of the
red Eagle, and of that of St. John of Jerufalem,
and the Count Chriftian Henry Curt de Haug-
witz, his minifter of State, of War, and of
the cabinet, Knight of the orders of the black
Eagle and of the red Eagle; and the Prefident
of the United States has furniſhed with their full
AND THE
(319)
TRAITE
D'Amitie et de Commerce
ENTRE
SA MAJESTE LE ROI DE PRUSSE,
ET LES
$
ETATS UNIS DE L'AMERIQUE
S
A Majefté le Roi de Pruffe et les Etats Unis
de l'Amerique, defirant d'entretenir fur un pied
ſtable et permanent les liaifons de bonne intelli-
gence, qui ont fi heureuſement fubfifté jus'quici,
entre leurs Etats refpectifs, et de renouveller
pour cet effet le Traité d'Amitié et de Com-
merce, qui a été conclu entre les deux puiffances
a la Haye le 10 Septembre 1785, pour le terme
de dix années, fa majefté Pruffienne a nommé
et conftitué fes Plenipotentiaires, le Sieur Charles
Guillame, Comte de Finkinftein, fon Miniftre
d'etat, de guerre, et de cabinet, chevalier des
ordres de l'aigle noir, et de l'aigle rouge, et com
mandeur de celui de St. Jean de Jérufalem; le
Sieur Philipe Charles, Baron d'Alvenfleben,
fon miniftre d'etat, de guerre, et de cabinet,
chevalier des ordres de l'aigle noir, et de l'aigle
rouge, et de celui de St. Jean de Jérufalem; et,
le Sieur Chretien Henri Curce Comte de Haug.
witz, fon miniftre d'etat, de guerre, et de cabi-
net, chevalier des ordres de l'aigle noir, et de
l'aigle rouge; et les Prefident des Etats Unis a
muni de leur pleinpouvoir Jean Quincy Adams,
(320)
powers, John Quincy Adams, a citizen of the
United States and their minifter Plenipotentiary
at the court of his Pruffian Majefty; which
Plenipotentiaries, after having exchanged their
full powers, found in good and due form, have
concluded, ſettled, and figned the following ar-
ticles.
1
ARTICLE I.
Peace and
There ſhall be in future, as there has been hi-
friendship therto, a firm, inviolable, and univerfal Peace,
eftabliſhed and a fincere friendship, between his Majeſty
the king of Pruffia, his heirs, fucceffors, and
fubjects, on the one part, and the United Sates
of America, and their citizens on the other, with-
out exception of perfons or places.
ARTICLE II.
*
trading to
States
The fubjects of his Majefty, the King of Pruffia,
Privileges
of Pruflian may frequent all the coafts and countries of the
fubjects United States of America, and refide and trade
the United there, in all forts of produce, manufactures and
merchandize, and fhall pay there no other or
greater duties, charges or fees whatſoever, than
the most favoured nations are or fhall be obliged
to pay. They fhall alſo enjoy, in navigation and
commerce, all the rights, privileges and exemp-
tions, which the most favoured nation does or
fhall enjoy, fubmitting themſelves nevertheleſs
to the eſtabliſhed laws and ufages, to which are
fubmitted the citizens of the United States, and
the moſt favoured nations.
ARTICLE III.
In like manner the citizens of the United
States of America may frequent all the coafts
(321)
citoyen des Etats Unis, et leur miniftre plenipo-
tentiaire à la Cour de fa Majefté Pruffienne; lef
quels plenipotentiaires après avoir échangé leurs
pleinpouvoirs trouvés en bonne et düe forme,
ont conclû, arrêté et figné les' Articles fuivans:
ARTICLE I.
$
IL y aura dans la fuite, comme par le paffé,
une paix ferme, inviolable et univerfelle, et une
amitié fincére entre fa Majefté le Roi de Pruffe,
fes héritiers, fucceffeurs, et fujets, d'une part,
et les Etats Unis de l'Amerique, et leurs citoyens,
d'autre part, fans exception de perfonnes ou de
lieux.
ARTICLE II.
pour.
Les fujets de fa Majefté le Roi de Pruffe
ront frequenter toutes les côtes et les pays des
Etats Unis de l'Amerique, y réfider et trafiquer
en toutes fortes de productions, manufactures et
marchandiſes, et n'y payeront d'autres ni de plus
forts impots, charges, ou droits, que ceux que
les nations les plus favorifées font ou feront
obligées de payer. Ils jouiront aufli dans la na-
vigation, et le commerce, de tous les droits, pri-
viléges, et exemptions dont jouit ou jouira la na-
tion la plus favorifée, fe foumettant neanmoins
aux loix et ufages établis, auxquels font foumis
les citoyens des Etats Unis, et les nations les
plus favorifées.
ARTICLE III.
-Pareillement les citoyens des Etats Unis de
l'Amerique pourront frequenter toutes les côtes
et out les pays de fa Majefte le Roi de Pruffe, y
T t
( 322 )
Commercial
privileges.
and countries of his Majesty the King of Pruffia,
and refide and trade there, in all forts of pro-
duce, manufactures and merchandize, and fhall
pay, in the dominions of his faid Majefty, no
other or greater duties, charges or fees whatfoe-
ver, than the moſt favoured nation is or fhall be
obliged to pay; and they ſhall enjoy all the rights,
privilege and exemptions, in navigation and
commerce, which the moſt favoured nation does
or fhall enjoy; fubmitting themfelves neverthe-
leſs to the eſtabliſhed laws and ufages, to which
are fubmitted the fubjects of his Majefty the King
of Pruffia, and the fubjects and citizens of the
moft favoured nations.
ARTICLE IV.
More efpecially, each party fhall have a right
to carry their own produce, manufactures and
merchandize, in their own or any other veffels, to
any parts of the dominions of the other, where
it fhall be lawful for all the fubjects and citizens
of that other freely to purchaſe them, and thence
to take the produce, manufactures and merchan-
dize of the other, which all the faid citizens or
fubjects fhall in like manner be free to fell to
them, paying in both cafes, fuch duties, charges,
and fees only, as are or fhall be paid, by the moſt
favoured nation. Nevertheleſs his Majefty the
King of Pruffia and the United States, refpe&t-
ively, referve to themfelves the right, where any
nation reftrains the tranfportation of merchan-
dize to the veffels of the country, of which it is
the growth or manufacture, to eftabliſh againſt
fuch nation retaliating regulations; and alfo the
right to prohibit in their refpective countries the
importation and exportation of all merchandize
whatfoever, when reaſons of ſtate fhall require
(323)
refider et trafiquer en toutes fortes de productions,
manufactures et marchandifes, et ne payeront
d'autres ni de plus forts impots, charges ou droits,
dans les domaines de fa dite Majefté, que ceux
que la nation la plus favorifée eft ou fera obligée
de payer, et ils jouiront de tous les droits, privi-
lèges, et exemptions dans la navigation et le com-
merce, dont jouit ou jouira la nation la plus fa-
vorifée, fe foumettant neanmoins aux loix et
ufages établis, auxquels font foumis les fujets de
fa Majefté le Roi de Pruffie et les fujets et citoyens
des nations les plus favorifées.
ARTICLE IV.
En particulier chacune des deux nations-aura
le droit d'importer fes propres productions, ma-
nufactures, et merchandifes à bord de fes propres
batimens, ou de tel autre, dans toutes les parties
des domaines de l'autre, ou il fera permis à tous
lés fujets et citoyens de l'autre nation de les
achêter librement, comme auffi d'y charger les
productions, manufactures et marchandifes de
l'autre, que tous les dits ſujets ou citoyens auront
la liberté de leur vendre, en payant dans l'un et
l'autre cas tels impôts, droits, et charges feule-
ment, qui font ou feront payés par la nation la
plus favorifée. Cependant fa Majefté le Roi de
Pruffe et les Etats Unis de l'Amerique fe refervent
le droit, au cas que quelque nation reftreigne le
tranſport des marchandifes aux vaiffeaux des pays
dont elles font la production, ou la manufacture,
d'etablir envers cette nation des reglemens reci-
proques, fe refervant de plus le droit de prohiber
dans leurs pays refpectifs l'importation ou l'expor-
tation de toute marchandife quelconque, dès que
la raifon d'etat l'exige. En ce cas les fujets ou ci-
(324)
privileges.
} A
Commercial it. In this cafe the ſubjects or citizens of either
of the contracting parties fhall not import or ex-
port the merchandize prohibited by the other.
But if one of the contracting parties permits any
other nation to import or export the fame met-
chandize, the citizens or fubjects of the other
ſhall immediately enjoy the fame liberty.
ARTICLE V. ·
The merchants, commanders of veffels, or
other fubjects or citizens of either party, fhall
not, within the ports or jurifdiction of the other,
be forced to unload any fort of merchandize into
any other veffels, nor to receive them into their
own, nor to wait for their being loaded longer,
than they pleaſe.
i
ARTICLE VI.
That the veffels of either party, loading within
the ports or jurifdiction of the other, may not be
uſeleſsly harraffed, or detained, it is agreed, that
all examinations of goods, required by the laws,
fhall be made before they are laden, on board the
veffel, and that there fhall be no examination af-
ter; nor fhall the veffel be ſearched at any time,
unléfs articles fhall have been laden therein clan-.
deftinely and illegally, in which cafe the perfon by
whofe order they were carried on board, or who
carried them without order, fhall be liable to the
laws of the land in which he is, but no other
perfon fhall be molefted, nor fhall any other
goods, nor the veffel, be feized or detained for
that caúfe.
ARTICLE VII.
Each party ſhall endeavour by all the means in
their power to protect and defend all veffels and
( 325 )
toyens d'une des parties contractantes ne pour-
ront importer ni exporter les marchandifes pro-
hibées par l'autre. Mais fi l'une des parties con-
tractantes permêt à quelque autre nation d'im-
porter ou d'exporter ces mêmes marchandifes,
les citoyens ou fujets de l'autre partie contractante
jouiront tout auffitôt d'une liberté pareille.
+4
ARTICLE V.
Les marchands, commandans de vaiffeaux et
autres fujets ou citoyens de chacune des deux na-
tions, ne feront pas forcés dans les ports ou dans
la jurifdiction de l'autre, de decharger aucunes
förtes des marchandifes dans d'autres vaiffeaux,
ni de les recevoir à bord de leurs propres navires,
ni d'attendre leur chargement, plus longtems
qu'il ne leur plaira.
1
ه سم
DNA
ARTICLE VI.
3
Pour eviter que les vaiffeaux de l'une des deux
parties contractantes me foyent inutilement mo-
leftés, ou détenus, dans les ports ou fous la ju-
rifdiction de l'autre, il a été convenu, que la vifite
des marchandifes, ordonnée par les loix, fe fera
avant qu'elles ne foyent chargées fur le navire,
et qu'enfuite elles ne feront plus affujetties à
aucune vifite. Et en general il ne fé fera point de
recherche a bord du vaiffeau, à moins qu'on n'y
ait chargé clandeftinement et illegalement des
marchandiſes prohibées. Dans ce cas celui par
l'ordre duquel elles ont été portées à bord, ou
celui qui les y a portées fans ordres, fera foumis
aux loix du pays où il fe trouve, fans que le refte
de l'equipage foit molefté, ni les autres marchan-
difes ou le vaiffeau faifis ou detenus par cette
raiſon.
to
f
ARTICLE VII.
Chacune des deux parties contractantes tâchera,
par tous les moyens qui feront en fon pouvoir, de
-1
་
(326)
property with-
party.
Protection of other effects, belonging to the citizens or fub-
in the jurif. je..s of the other, which fhall be within the ex-
diction of each tent of their jurifdiction by fea or by land; and
fhall ufe all their efforts to recover, and caufe to be
reſtored to the right owners, their veffels and ef
fects, which fhall be taken from them within the
extent of their faid jurifdiction.
ARTICLE VIII.
Veffels com-
ing on the coast
The veffels of the fubjects or citizens of either
port without
withing to
or entering a party, coming on any coaft, belonging to the
without other but not willing to enter into port, or who
break bulk. entering into port are not willing to unload their
cargoes or break bulk, fhall have liberty to de-
part, and to purſue their voyage, without molef-
tation, and without being obliged to render ac-
count of their cargo, or to pay any duties,
charges or fees whatſoever, except thofe eſtabliſh-
ed for veffels entered into port, and appropriated
to the maintenance of the port itſelf, or of other
eſtabliſhments for the fafety and convenience of
navigators, which duties, charges, and fees,
fhall be the fame, and fhall be paid on the fame
footing, as in the caſe of ſubjects or citizens of
the country, where they are eſtabliſhed.
ARTICLE IX.
Shipwrecks
*
When any veffel of either party fhall be wreck-
ed, foundered, or otherwife damaged on the
coafts or within the dominions of the other, their
reſpective citizens or ſubjects ſhall receive, as well
for themfelves as for their veffels and effects, the
fame affistance, which would be due to the inha-
tants of the country where the damage happens,
and ſhall pay the fame charges and dues only as
the faid inhabitants would be ſubject to pay in a
/
་
(327)
protéger, et de défendre tous les vaiffeaux, et
autres effets appartenants aux citoyens ou fujets
de l'autre, et fe trouvant dans l'étendue de fa
juriſdiction par mer ou par terre, et elle employera
tous fes efforts pour recouvrir, et faire reftituer
aux propriétaires légitimes, les vaiffeaux et effets,
qui leur auront été enlevés dans l'ètendue de fa
dite jurifdiction.
ARTICLE VIII.
Les vaiffeaux des fujets ou citoyens d'une des
deux parties contractantes, arrivant fur une côte
appartenant à l'autre, mais n'ayant pas deffein
d'entrer au port, ou, qui, en y entrant, ne vou-
droient pas décharger leurs cargaifons, ou rompre
leur charge, aurons la liberté de repartir, et de
pourſuivre leur route fans empêchement, et fans
ètre obligés de rendre compte de leur cargaifons,
ni de payer aucuns impots, charges, ou droits
quelconques, excepté ceux établis fur les vaiffeaux
une fois entrés dans le port, et deſtinés a l'entre-
tien du port méme, ou à d'autres établiffements,
qui ont pour bût la fureté et la commodité des na-
vigateurs; lefquels droits, charges et impôts fe-
ront les mêmes, et fe payeront fur le même pied
qu'ils font acquittés par les fujets ou citoyens de
l'etat ou ils font établis.
ARTICLE IX.
Au cas que quelque vaiffeau appartenant à
l'une des deux parties contractantes auroit fait
naufrage, échoué ou fouffert quelque autre dom-
mage, fur les côtes ou fous la domination de
l'autre, les fujets ou citoyens refpectifs recevront
tant pour eux, que pour leurs vaiffeaux et effêts,
la měme affiſtance, qui auroit été fournie aux ha-
bitants du pays ou l'accident arrive, et ils paye-
3
}
(328)
Pat Pal Bleup
な
​like cafe; and if the operations of repair fhall re-
quire that the whole or any part of the cargo be
unladed, they fhall pay no duties, charges or fees
on the part, which they fhall relade and carry
away. The ancient and barbourous right to
wrecks of the fea fhall be entirely abolished with
reſpect to the fubjects or citizens of the two con-
tracting parties.
1
1
41
F
}
ARTICLE X.
5
}
The citizens orfubjects of each party fhall have
Alienation of power to difpofe of their perfonal goods within
perfonal estate. the jurifdiction of the other, by teftament, dona-
tion, or otherwife, and their repreſentatives,
being fubjects or citizens of the other party, fhall
fucceed to the faid perfonal goods, whether by
teftament or ab inteftate, and may take poffeffion
thereof, either by themſelves, or by others' acting
for them, and difpofe of the fame at their will,
paying fuch dues only as the inhabitants of the
country, wherein the faid goods are, fhall be fub-
ject to pay in like cafes. And in cafe of the ab-
fence of the reprefentative, fuch care fhall be
taken of the faid goods, as would be taken of the
goods of a native in like cafe, until the lawful
owner may take meaſures for receiving them
And if queſtion fhould arife among feveral claim:
ants, to which of them the faid goods belong,
within the do- the fame fhall be decided finally by the laws and
party falling judges of the land, wherein the faid goods are.
upon the sub- And where, on the death of any perfon, holding
real eftate, within the territories of the one party,
fuch real eſtate would, by the laws of the land,
defcend on a citizen or fubject of the other, were
he not difqualified by alienage, fuch. fubject fhall
be allowed a reaſonable time to fell the fame, and
to withdraw the proceeds, without moleftation,
Real eſtate
minions of ong
ject of the
❤ther.
·
(
329 )
$
ront feulement les mêmes charges et droits aux-
quels les dits habitans auroient été affujettis en
cas pareil. Et fi la reparation du vaiffeaux ex-
igeoit que la cargaiſon fut déchargée en tout ou
en partie, ils ne payeront aucun impôt, charge,
ou droit, de ce qui fera rembarqué et emporté.
L'Ancien et barbare droit de naufrage fera en-
tiérement aboli à l'égard des fujets ou citoyens
des deux parties contractantes.
•
ARTICLE X.
Les citoyens ou fujets de l'une des parties con-
tractantes auront, dans les etats de l'autre, la li-
berté de difpofer de leurs biens perfonnels, foit par
teftament, donation, ou autrement, et leurs heri-
tiers, ètant fujets ou citoyens de l'autre partic
contractante, fuccéderont à leurs biens, foit en
vertû d'un teftament, ou ab inteftat, et ils pour-
ront en prendre poffeffion, foit en perfonne, foit
par d'autres agiffant en leur place, et en difpofer
à leur volonté, et ne payant d'autres droits, que
ceux auxqels les habitants du pays, où la fuccef-
fion eft devenû vacante, font affujettis en pareille
occurrence. Et en cas d'abfence des héritiers,
on prendra provifoirement des biens qui leur font
échûs les mêmes foins, qu'on auroit pris en pa-
reille occafion des biens des natifs du pays, juf
qu'à ce que le proprietaire legitime ait agrée des
arrangemens pour recueillir l'hèritage. S'il s'elêve
des conteftations entre differens pretendans ayant
droit à la fucceffion. elles feront décidées en der-
nier reffort felon les loix et par les juges du pays
oú la fucceffion eft vacante. Et fi par la mort de
quelque perfonne, poffèdant des biens fonds fur le
territoire de l'une des parties contractantes, ces
biens fonds venoient à paffer, felon les loix du
pays, à un citoyen ou fujet de l'autre partie; ce-
luici, fi, par fa qualité d'étranger, il eft inhabile
de les poffeder, obtiendra un délai convenable
U G
I
*
(330)
ARTICLE XI.
Frredom of
confsience,
į
The most perfect freedom of conſcience and
of worship, is granted to the citizens or fubjects
worship, &c. of either party, within the juriſdiction of the
other, and no perfon fhall be moleſted in that
refpect, for any caufe other than an infult on the
religion of others. Moreover, when the fubjects
or citizens of the one party, fhall die within the
jurifdiction of the other, their bodies fhall be
buried in the ufual burying grounds, or other
decent and ſuitable places, and ſhall be protected
from violation or diſturbance.
-****
7
-
and exempt from all rights of detraction on the
part of the government of the refpective States.
But this article fhall not derogate in any man!
ner from the force of the laws already published,
or hereafter to be published, by his Majesty the
King of Pruffia, to prevent the emigration of his
fubjects.
}
۲
J
free mak-
Experience having proved, that the principle
Relative to the adopted in the twelfth article of the treaty of
principle of 1785, according to which free hips make free
ing free goods. goods, has not been fufficiently refpected during
the two laſt war, and efpecially in that which
ftill continues, the two contracting parties pro-
pole, after the return of a general peace, to
agree either feparately between themselves, or
jointly with other powers alike interested, to con-
cert with the great maritime powers of Europe,
ARTICLE XII.
,15
fucha rangements and fuch permanent principles,
as may ferve to confolidate the liberty and the
fafety of the neutral navigation and commerce
in future wars. And if in the interval, either
POITOU
**
( 331 )
pour les vendre, et pour entretenir le provenûfans
obftacle, et exempt de tout droit de retenue de
las partie du gouvernment des etats refpectifs.
Mais cet article né derogera en aucune maniére á
la force des loix qui ont déja été publiées, ou qui
le feront dans la fuite par fa Majefté le Roi de
Pruffe pour prévenir l'èmigration de fes fujets.
ARTICLE XI
+
Il fera accordé la plus farfaite liberté de con-
ſcience et de culte aux citoyens et fujets de chaque
partie contractante dans les ètats de l'autre, et
perfonne ne fera moleft à cet egard pour quelque
caufe que ce foit, fi ce n'est pour infulte faite à la
religion de l'autre. Du plus fi des fujets et ci-
toyens de l'une des parties contractantes venoi-
ent à mourir dans la jurifdiction de l'autre, les
: corps feront enterrés dans les endroits où l'on a
la coutume de faire les enterremens, où dans tel-
autre lieu décent et convênable, et ils feront pro-
tégés contre toute violence et trouble.
~
ARTICLE XII.
!
qlardan
L'experience ayant demontré, que le principe
adopté dans l'Article XII. du Traité de 1785, fe-
lon lequel les vaiffeaux libres rendent auffi les mar-
chandifes libres, n'a pas été fuffifamment refpecté
dans les deux dernieres guerres, et nommément
dans celle qui dure encore, les deux parties con-
tractantes fe refervent de f'entendre aprés le retour
de la paix gênerale, foit féparément entr'elles, foit
conjointment avec d'autres puiffances co-intereffés
pour concerter avec les grandes puiffances mari-
times de l'Europe,tels arrangements et tels princi-
pes permanens, qui puiffent fervir à confolider la
liberté et la fûreté de la navigation et du com-
merce neutres dans les guerres futures.
( 332 )
Of centrs-
hand,
of the contracting, parties fhould be engaged in
a war, to which the other fhould remain nentral,
the fhips of war and privateers of the belligerent
power fhall conduct themfelves towards the mer..
chant veffels of the neutral power, as favourably
as the courfe of the war then exifting may per-
mit, obferving the principles and rules of the law
of nations, generally acknowledged.
ARTICLE XIII.
And in the fame cafe of one of the contract-
ing parties, being engaged in war, with any other
power, to prevent all the difficulties and mifun-
derſtandings, that ufually arife reſpecting mer-
chandize of contraband, fuch as arms, ammuni-
tion and military ftores of every kind, no fuch
articles carried in the vefels, or by the fubjects
or citizens of either party, to the enemies of the
other, fhall be deemed contraband, fo as to in-
duce confifcation or condemnation and a lofs of
property to individuals. Nevertheless, it fhall be
lawful to top fuch veffels and articles, and to
detain them for fuch length of time, as the cap-,
tors may think neceffary to prevent the inconve
nience or damage, that might enfue from their
proceeding, paying however a reafonable com
penfation for the lofs fuch arreft fhall occafion to
the proprietors; and it fhall further be allowed
to ufe in the fervice of the captors, the whole
or any part of the military ftores fo detained,
paying the owners the full value of the fame,
to be afcertained by the current price at the
place of its defiination. But in the cafe fuppofed
of a veffet ftopped for articles of contraband, if
the mafter of the veffel ftopped will deliver out
the goods fuppofed to be of contraband nature,
}
( 333 )
Et fi pendant cet intervalle, l'une des parties
contractantes fe trouve engagée dans une guerre
á laquelle l'autre refte neutre, les vaiffeaux de
guerre et les armateurs de la puiffance belligê-
rente, fe comporteront, à l'égard de batimens
marchands de la puiffance neutre, auffi favoura-
blement que la raifon de guerre, pur lors ex-
itante pourra le permettre, en obfervant les prin-
cipes et les régles du droit des gens généralement
reconnûs.
1-45
ARTICLE XIII.
Dans le cas ou l'une des parties contractantes fe
trouveroit en guerre avec une autre puiflance, il a
été convenu, que pour prévenir les difficultés, et
les difcuffions, qui furviennent ordinairement par
rapport au marchandifes de contrabande, telles
que armes et munitions de toute espéce, aucun
de ces articles, chargés a bord des vaiffeaux des
fujets ou citoyens de l'une des parties, et deſtinés.
pour l'ennemi de l'autre, ne fera cenfé contra-
bande, au point d'impliquer confiſcation ou con-
damnation, et d'entrainer la perte de la propriété
des individus. Neanmoins il fera permis d'arrêter
ces fortes de vaiffeaux et effêts, et de les retenir-
pendent tout le tems que le prêneur croira necef-
faire, pour prévenir les inconveniens et les dom-
mages qui pourroient en réfulter autrement; mais
dans ce cas on accordera une compenfation rai-
fonable pour les pêrtes, qui auront été occafion-
nées par la faifie. Et il fera permis en outre aux
prêncurs d'employer à leur fervice en tout ou en
partie les munitions militaires detenues, en pay-
ant aux propriétaires la pleine valeur, à determi
ner fur le prix qui aura cours à l'endroit de leur.
deftination; mais fi dans le cas enoncé d'un vaif-
feau arreté pour des articles de contrebande, le
maitre du navire confent à délivrer les marchan-
ཀ་
( 334 )
!
1
he fhall be admitted to it, and the veffel fhall
not in that cafe be carried into any port, nor
further detained, but fhall be allowed to pro-
ceed on her voyage.
:
»
All cannons, mortars, fire arms, piftols,
bombs, grenades, bullets, balls, muſkets, flints,
matches, powder, falt petre, fulphur, cuiraffes,
pikes, fwords, belts, cartouch boxes, faddles and
bridles, beyond the quantity neceffary for the ufe
of the fhip, or beyond that which every man
ferving on board the veffel, or paffenger, ought
to have; and in general whatever is comprized
under the denomination of arms and military
ſtores, of what defcription foever, fhall be deem-
ed objects of contraband.
Documents to
be canied by
To enſure to the veffels of the two contracting
veffeis intime parties the advantage of being readily and cer-
tainly known in time of war, it is agreed, that
they ſhall be provided with the fea letters and do-
cuments hereafter ſpecified:
of war.
1. A paffport, expreffing the name, the pro-
perty and the burthen of the veffel, as alfo the
name and dwelling of the mafter, which paffport
hall be made out in good and due form, fhall
be renewed as often as the veffel fhall return into
port, and fhall be exhibited whenfoever required,
as well in the open fea as in port. But if the
veffel be under convoy of one or more veffels of
war, belonging to the neutral party, the fimple
declaration of the officer commanding the con-
voy, that the faid veffel belongs to the party of
which he is, fhall be: confidered as eftablifhing
the fact, and fhall relieve both parties from the
trouble of further examination.
ARTICLE XIV.
(335)
difes fufpectes, il aura la liberté de le faire, et le
navire ne fera plus amene dans le port, ni detenû
plus longtems, mais aura toute liberté de pour-
fuivre fa route.
✓
Seront cenfés objets de contrebande, les canons,
mortiers, armes à feu, piftolets, bombes, grè-
´nades, boulets, bales, fufils, pierres á feu,
mêches, poudre, falpêtre, fouffre, cuiraffes,
piques, epées, ceinturons, poches á cartouches,
felles et brides, aŭ dela de la quantité neceffaire
pour l'ufage du vaiffeau, et au dela de celle que
doit avoir chaque homme fervant fur le vaiffeau,
on paffager, et en general tout ce qui eft compris
fous la denomination d'armes et de munitions de
guerre, de quelque efpêce qu'elles puiffent être.
ܪ
ARTICLE XIV.
Pour affurer aux vaiffeaux des deux parties.
contractantes, l'avantage d'étre promptement
et fûrement reconnùs en tems de guerre, on eft
convenû qu'ils devront être munis des lettres de
nier et documens fpecifiés ci-apres.
1. D'un paffeport exprimant le nom, le propri-
ètire et le port du navire, ainfi que le nom et le
domicile du maitre. Ces paffeports, qui feront
expediés en bonne et dûe forme, devront être
renouvelles toutes les fois que le vaiffeau retour-
nera dans fon port, et feront exhibés á chaque
requifition, tant en pleine mêr, que dans le port.
Mais file navire fe trouve fous le convoi d'un, ou
de plufieurs vaiffeaux de guerre, appartenants á
la partie neutre, il fuffira que l'officier command-
ant le convoi déclare que le navireeft defonparti;
moyennant quoi cette fimple declaration ſera
cenfée établir le fait et difpenfera les deux parties
de toute vifite ulterieure.
J
( 336 )
2. A charter party; that is to fay, the contract
paffed for the freight of the whole veffel-tor,
the bills of lading given for the cargo in detail.
3. The lift of the hip's company, containing
anindication by name and in detail of the perfons
compofing the crew of the veffel. Thefe docu-
ments ſhall always be authenticated according to
the forms eſtabliflted at the place, from which
the veffel fhall have failed.
As their production ought to be exacted only,
when one of the contracting parties fhall be at
war, and as their exhibition ought to have no
other object than to prove the neutrality of the
veffel, its cargo and company, they ſhall not be
deemed abfolutely neceffary on board fuch vef-
fels, belonging to the neutral party, as fhall have
failed from its ports, before or within three
months after the government fhall have been in-
formed of the ſtate of war, in which the bellige..
rent party fhall be engaged. In the interval, in
default of thefe fpecific documents, the neutral-
ity of the veffel may be eſtabliſhed by fuch other
evidence, as the tribunals, authorifed to judge of
the cafe, may deem fufficient.
*; i
Manner of vi-
siting veffels
not under con-
Tay.
1
ARTICLE XV.
•
And to prevent entirely all diforder and vio-
lence, in fuch cafes, it is ftipulated, that when
the veffels of the neutral party, failing without
convoy, fhall be met by any veffel of war, public
or private, of the other party, fuch veffel of war
fhall not fend more than two or three men in
their boat on board the faid neutral veffel, to ex-
amine her paſſports and documents. And all
perfons belonging to any veffel of war, public
or private, who fhall moleft or infult in any man-
ner whatever, the people, veffels or effects of
(337)
2De la Gerte-partie, c'eft à dire, du contrat
paffé pour le frêt de tout le navire, ou des con-
noiflemens, donnés pour la cargaifon en general.
Et3. Durŏled'equipage, contenant l'indication
nominale et detaillée des perfonnes, qui compo-
fent l'equipage du navire. Ces documens feront
toujours expediès dans la forme etablie à l'en-
droit, d'ou le navire aura mis à la voile.
*030
parisione
{
Comme leur production ne doit être exigée,
que dans le cas ou l'une des parties contractantes
feroit en guerre, et que leur exhibition ne doit
avoir d'autre bût, que de prouver la neutralité
des vaiffeaux, de leurs equipages et deleurs car-
gaifons, ils ne feront pas cenfés abfolument nécef-
faires a bord des navires de la partie neutre, qui
feront fortis de fes ports, avant, ou trois mois
aprés, quele gouvernement auraeu connoiffance
de l'etat de guerre ou fe trouve la partie belligè
rente. Pendant cet intervalle le navire pourra,
au défaut des documens di-deffus fpecifies, prou-
ver fa neutralitè par tel autre temoignage, que
les tribunaux, appellés a juger du cas, trouve-
ront fuffifan.
ARTICLE XV.
Pour prévenir entièrement tout défordre et
toute violence en pareil cas, il a été ftipulé, què
lorfqueles navires de la partie neutre, navigant
fans convoi, rencontreront quelque vaiffeau de
guerre, public ou particulier, de l'autre partie,
le vaiffeau de guerre n'enverra pas plus de deux
ou trois hommes dans fa chaloupe á bord du na-
vire neutre pour examiner les paffeports et docu-
mens. Et toutes les perfonnes appartenantes à
quelque vaiffeau de guerre public ou particulier,
qui moleſteront ou infulteront en quelquemaniere
que ce foit, l'equipage, les vaiffeaux ou effets de
X x
( 338 )
I
BG ATICS³Í
the other party, fhall be refponfible in their per
fons and property for damages and intereft, fuf
ficient fecurity for which fhall be given by all
commanders of private armed veffels before they
are commiffioned.
ARTICLE XVI.
**
突
​..
Q7
In times of war, or in cafes of urgent necef-
Of embargoes. fity, when either of the contracting parties fhall
be obliged to lay a general embargo, either in
all its ports, or in certain particular places, the
veffels of the other party fhall be ſubject to this
meaſure, upon the fame footing, as thofe of the
moft favoured nations, but without having the
right to claim the exemption in their favour fti-
pulated in the 16th article of the former treaty
of 1785. But on the other hand the proprietors
of the veffels which fhall have been detained,
whether for fome military expedition, or for
what other ufe foever, fhall obtain from the go-
vernment that fhall have employed them, an
equitable indemnity, as well for the freight as
for the lofs occafioned by the delay. And fur-
thermore, in all cafes of feizure, detention or
Seizures, de- arreſt, for debts contracted or offences commit-
ted by any citizen or fubject of the one party,
within the juriſdiction of the other, the fame
courfe of law fhall be made and profecuted by order and au-
thority of law only, and according to the regu
lar courſe of proceedings uſual in fuch cafes.
tentions and
arrefts to be
>
made in due
7
only.
ARTICLE XVII.
129
Salvage on re-
If any veffel or effects of the neutral power
be taken by an enemy of the other, or by a
expture, when pirate, and retaken by the power at war, they
fhall be reftored to the firft proprietor, upon the
conditions hereafter ftipulated in the twenty-firft
article for cafes of recapture,
one of the
powers is neu-
wal.
ܐ
1
( 339 )
1.
l'autre partie, feront refponfables en leurs per-
founes er en leurs biens, de tous dommages et
interets, pour lefquels il fera donne caution fuffi-
fante par tous les commandans de vaiſſeaux ar-
mies en courfe, avant qu'ils recoivent leurs com-
miffions.
770.
ARTICLE XVI.
Dans les tems de guerre, et le cas de neceffité
urgente, où l'une des parties contractantes fe ver-
roit obligée d'établir un embargo general, foit
dans tous les ports de fa domination, foit dans
certains ports particuliers, les vaiffeaux de l'au-
tre partie refteront affujettis à cette mêfure, fur
le même pièd que le feront les navires des nations
les plus avantagées, fans pouvoir réclamer l'ex-
emption, qui avoit été ftipulée en leur faveur
dans l'article xvi de l'ancien traité de 1785.
Mais d'un autre côté les proprietaires des vaif-
feaux, qui auront été rétenus, foit pour quélque
expedition militaire, foit pour tel autre ufage que
ce foit, obtiendront du gouvernement qui les aura
employés, une indemnité équitable, tant pour le
frêt que pour les pertes occafionées par le retard.
W De plus et dans tous les cas de faiſie, de dé-
tention, ou d'arrêt, foit pour dettes contractées,
ou offenfes commifes par quelque citoyen ou fu-
jet
de l'une des parties contractantes dans la ju-
rifdiction de l'autre, on procedera uniquement par
ordre, et par autorité de la juftice, et fuivant
les voyes ordinaires en pareil cas ufitées.
ARTICLE XVII.
A
-
Ca
S'il arrivoit que les bâtimens ou effets de la
puiffance, neutre fuffent pris par l'ennemie de
l'autre, ou par un pirate et enfuite repris par la
puiffance en guerre, ils feront reftitués au premier
propriétaire, aux conditions qui feront ftipulés
aprés dans l'article xxi, pour les cas de repriſe.
( 340 )
Right of
alylum.
1
ARTICLE-XVIII.
If the citizens or fubjects of either party, in
danger from tempefts, pirates, enemies, or other
accident, fhall take refuge with their veffels or.
effects, within the harbours' or jurifdiction of
the other, they fhall be received, protected, and
treated with humanity and kindneſs, and ſhall be
permitted to furnish themfelves, at reaſonable
prices, with all refreshments, provifions and
other things neceffary for their fuftenance, health
and accommodation, and for the repair of their
veffels.
ARTICLE XIX,
The veffels of war, public and private, of
Bringing in of both parties, fhall carry freely, wherefoever they
pleafe, the veffels and effects taken from their
enemies, without being obliged to pay any du-
ties, charges, or fees to officers of admiralty,
of the cuſtoms, or any others; nor fhall fuch
prizes be arreſted, fearched, or put under
legal procefs, when they come to and enter the
ports of the other party, but may freely be car-
ried out again at any time by their captors to the
places expreffed in their commiffions, which the
commanding officer of ſuch veffel fhall be obliged
to fhew. But conformably to the treaties exift-
ing between the United States and Great Britain,
no veffel, that fhall have made a prize upon Bri-
tiſh ſubjects, ſhall have a right to fhelter in the
ports of the United States, but if forced therein
by tempefts, or any other danger, or accident of
the fea, they fhall be obliged to depart as foon
as poffible.
*
鲁
​( 341 )
c
ARTICLE XVII.
•
Loríque les citoyens ou fujets de l'une des
deux parties contractantes, feront forcés par des
tempêtes, ou par la pourfuite, des corfaires ou
vaiffeaux ennemis, ou par quelque autre accident,
á fe réfugier avec leurs vaiffeaux ou effets dans les
havres, ou dans la jurifdiction de l'autre, ils fe-
ront recûs, protegés, et traités avec humanité et
honnêteté. Il leur fera permis de fe pourvoir á
un prix raiſonnable de rafraichiffemens, de pro-
vifions, et te toutes chofes neceffaires, pour leur
fubfiftance, fanté et commodité, et pour la re-
paration de leurs vaiffeaux.
ARTICLE XIX.
Les vaiffeaux de guerre publics et particuliers
des deux parties contractantes pourrontconduire
en toute liberté partout où il leur plaira, les vaif-
feaux et effets, qu'ils auront pris fur leurs enne-
mis, faus é re obligés de payer aucunes impôts,
charges ou droits aux officiers de l'amirauté, des
douanes, ou autres. Ces prifes ne pourront
être non plus ni arretées, ni vifitées, ni foumiſes à
des procedures legales en entrant dans le port de
l'autre partie, mais elles pourront en fortir libre-
ment, et être conduites en tout tems par le
vaiffeau preneur aux endroits portés par les
commiflions, dont l'officier commandant le dit
vaiffeau ſera obligé de faire montre. Mais con-
formément aux Traités fubfiftans entre les Etats
Unis et la Grande Bretagne, tout vaiſleau qui au-
ra fait une priſe fur des fujets de cette derniére
puiffance, ne fauroit obtenir un droit d'afile dans
les ports des Etats Unis, et s'il eft forcé d'y re-
lacher par des tempêtes ou quelque autre danger
ou accident de mêr. fera obligé d'en repartir
le plutot poffible.
(842)
7
all not
from
No citizen or ſubject of either of the con-
The fubjects tracting parties fhall take from any power
of one party with which the other may be at war, any com
letters of miffion or letter of marque, for arming any vef
the enemy of felt to act as a privateer against the other, on pain
the other, &c. of being punished as a pirate; nor fhall either
party hire, lend or give any part of its naval or
military force to the enemy of the other, to
aid them offenfively or defenfively againſt the
other
C
¿
w
20
ARTICLE XX.
XF 970 IZA
ས
܀
ARTICLE XXI.
If the two contracting parties fhould be en
ble to the pro-
Rules applica- gaged in a war againſt a common enemy, the
fecution of a following points fhall be obferved between them.
common war.
ܕ
1. If a veffel of one of the parties, taken by
the enemy, fhall, before being carried into a
neutral or enemy's port, be retaken by a fhip of
war or privateer of the other, it fhall, with the
cargo, be restored to the firft owners, for a com-
penfation of one eighth part of the value of
the faid veffel and cargo, if the recapture be
made by a public fhip of war, and one fixth
part, if made by a privateer.
23
**
I
A
2. The reftitution in fuch cafes fhall be after
due proof of property, and furety given for the
part to which the recaptors are entitled.
¿'
}
3. The veffels of war, public and private, of
the two parties, fhall reciprocally be admitted
with their prizes into the refpective ports of each,
but the faid prizes fhall not be difcharged, or
fold there, until their legality fhall have been de-
cided according to to the laws and regulations of
the state to which the captor belongs, but by the
judicatories of the place, into which the prize
hall have been conducted.
· $
¿
50 2
ܝܐ ܩܕܝ
܀
2
****
(343)
XX BIOPRA
ARTICLE XX.
(1)
**Aucun citoyen ou fujet de l'une des deux par-
ties/contractantes n'acceptera d'une puiffance meal
avec laquelle l'autre pourroit être en guerre, ni
commiffion, ni lettre de marque, pour armer en
courſe contre cette derniére, fous peine d'etre
puni comme pirate. Et ni l'un ni l'autre des
deux états ne louera, prêtera ou donnera une
partie de fes forces navales ou militaires, à l'enne.
mi de l'autre, pour l'aider à agir offenfivement
ou defenfivement contre l'état qui eft en guerres
ARTICLE XXI.
}
ས
VENA
S'il arrivoit que les deux parties contractantes
fuffent en mêmes tems en guerre contre un ẹn-
nemi commun, on obfervera de part et d'autre
les points fuivans.
17
4. Lorfqu'un navire de l'une des deux nations
fera repris par les vaiffeaux de guerre ou arma-
teurs de l'autre, avant d'avoir été conduit dans
un port ennemi ou neutre, il fera reftitué avec fa
cargaifon au premier propriétaire, moyennant
une retribution d'un huitiéme de la valeur du na-
vire et de la cargaiſon, fi la repriſe a été faite par
un vaiffeau de guerre, et d'un fixieme, fi elle a
été faite par un armateur.
2. Dans ces cas, la reftitution n'aura lieu
qu'apres les preuves faites de la proprieté, fous
caution de la quote-part, qui en revient à ceux
qui ont repris le navire.
1.
£
3°. Les vaiffeaux de guerre publics et particu-
liers des deux parties contractantes feront admis
reciproquement avec leurs prifes, dans les ports
refpectifs, cependant ces prifes ne pourront y
ètre dèchargées, ni vendûes, quáprès que la legi-
timité de la prife aura été decidée fuivant les loix
et règlemens de l'etat dont le preneur eft fujet,
mais par la juftice du lieu où la prife aura été con-
duite.
MON
+
31
1
(344)
F
f
4. It shall be free to each party to make fuch
regulations as they fhall judge neceffary, for the
conduct of their refpective veffels of war, public
and private, relative to the veffels, which they
fhall take, and carry into the ports of the two
parties,
ARTICLE XXII.
ſhall
When the contracting parties fhall have a
The fhips of common enemy, or fhall both be neutral, the
war of one par- veffels of war of each fhall upon all occafions
the veffels of take under their protection the veffels of the
other going the ſame courſe, and fhall defend
fuch veffels as long as they hold the fame courfe,
againſt all force and violence, in the fame man-
ner as they ought to protect and defend veffels
belonging to the party of which they are.
the other.
rsel
ARTICLE XXIII.
#
If war fhould arife between the two contract-
ing parties, the merchants of either country,
then refiding in the other, fhall be allowed to
the effects of remain nine months, to collect their debts and
Regulations
for foftening
war between
the two parties
}
→
1
fettle their affairs, and may depart freely carraying
off all their effects, without moleftation or hin-
drance and all women and children, fcholars of
every faculty, cultivators of the earth, artizans,
manufacturers and fifhermen, unarmed and in-
habiting unfortified towns, villages or places, and
in general all others, whofe occupations are for
the common ſubſiſtance and benefit of mankind,
fhall be allowed to continue their respective em-
ployments, and fhall not be molefted in their
perfons, nor ſhall their houſes or goods be burnt,
or otherwiſe deſtroyed, nor their fields wafted by
the armed force of the enemy, into whofe power,
by the events of war, they may happen to fall;
(345)
B
I
Il fera libre à chacune des parties contrac-
tantes de faire tels reglemens, qu'elles jugeront
neceffaires relativement à la conduite que devront
tenir relpectivement leurs vaiffeaux de guerre
publics et particuliers à l'egard des bâtimens qu'
ils auront pris et amenés dans les ports des deux
puiffances.
اشد
#
22
ARTICLE XXII.
Lorfque les parties contractantes feront en-
gagées en guerre contre un ennemi commun, ou
qu
'elles feront neutres toutes deux, les vaiffeaux
de guerre de l'une prendront en toute occafion
fous leur protection les navires de l'autre, qui
font avec eux la meme route, et ils les defen-
dront auffi longtems qu'ils feront voile enſemble
contre toute force et violence, et de la meme ma-
niere qu'ils portégeroient et defendroient les na-
vires de leur propre nation.
•
*
ARTICLE XXIII.
S'il furvient une guerre entre les parties con-
tractantes, les marchands de l'une des deux etats,
qui refideront dans l'autre, auront la permiffion
d'y refter encore neuf mois, pour recueillir leurs
dettes actives et arranger leurs affaires, après
quoi ils pourront partir en toute liberté, et em-
porter tous leurs biens, fans être moleftés ni em-
pêchés. Les femmes et les enfans, les gens de
lettres de toutes les facultes, les cultivateurs, ar-
tifans, manufacturiers, et pécheurs, qui ne font
point armés, et qui habitent des villes, villages,
ou places non fortifiées, et en général tous ceux
dont la vocation tend à la ſubſiſtence, et à l'avan-
tage commun du genre humain, auront la liberté
de continuer leurs profeffions refpectives, et ne fe-
ront point moleftés en leur perfonnes, ni leurs
maifons, ou leurs biens incendiés, ou autrement
detruits,nileurs champs ravagés par les armées de
l'ennemi, au pouvoir duquel ils pourroient tomber
par les evenemens de la guerre, mais fi l'on fe
Y y
( 346 )
1
but if any thing is neceffary to be taken from
them for the ufe of fuch armed force, the fame
ſhall be paid for at a reaſonable price.
?
ARTICLE XXIV.
And to prevent the deftruction of priſoners of
war, by fending them into diſtant and inclement
countries, or by crouding them into clofe and
noxious places, the two contracting parties fo-
lemnly pledge themſelves to the world and to
each other, that they will not adopt any fuch prac-
tice; that neither will fend the priſoners, whom
they may take from the other, into the Eaſt-In-
dies or any other parts of Aſia or Africa, but
they ſhall be placed in ſome part of their domi-
nions in Europe or America, in wholeſome fitu
ations; that they fhall not be confined in dun-
geons, prifon-fhips, nor priſons, nor be put into
irons, nor bound, nor otherwife réftrained in
the uſe of their limbs, that the officers fhall be
enlarged on their paroles within convenient dif-
tricts, and have comfortable quarters, and the
common men be diſpoſed in cantonments open
and extenfive enough for air and exercife, and
lodged in barracks as roomly and good as are
provided by the party in whofe power they are,
for their own troops; that the officers fhall alfo
be daily furnished by the party in whoſe power
they are, with as inany rations, and of the fame
articles and quality as are allowed by them,
either in kind, or by commutation to officers of
equal rank in their own army; and all others fhall
be daily furniſhed by them, with fuch ration as
they fhall allow to a common foldier in their own
fervice; the value whereof ſhall be paid by the
other party on a mutual adjuſtment of accounts
for the fubfiftence of prifoners at the cloſe of the
K
347 )
trouve dans la neceffité de prendre quelque chofe
de leurs proprietés pour l'ufage de l'armée enne-
mie,la valeur en fera payée à une prix raifonnable.
ARTICLE XXIV.
Afin d'adoucir le fort des prifonniers de guerre
et de ne les point expofer á être envoyés dans des
climats éloignés et rigoureux, ou refferrés dans
des habitations étroites et malfaines, les deux par-
ties contra&antes s'engagent folemnellement
l'une envers l'autre et à la face de l'univers, qu'
elles n'adopteront aucun de ces ufages, que les
prifonniers qu'elles pourroient faire l'une fur
l'autre ne feront tranſportés ni aux Indes Orien-
tales, ni dans aucune contrée de l'Afie, ou de
l'Afrique, mais qu'on leur affignera en Europe,
ou en Amerique, dans les territoires refpectifs des
parties contractantes un fejour fitué dans un air
fain, qu'ils ne feront point confinés dans des ca-
chots, ni dans des prifons, ni dans des vaiffeaux
de prifon, qu'ils ne feront pas mis aux fers, ni
garotés, ni autrement privés de l'ufage de leurs
membres; que les officiers feront relachés fur leur
parole d'honneur dans l'enceinte de certains dif-
tricts qui leur feront fixés, et qu'on leur accord-
era des logemens commodes; que les fimples fol-
dats feront diftribués dans des cantonnemens ou-
verts, affez vaſtes pour prendre l'air, et l'exercice,
et qu'ils feront logés dans des barraques auffi fpa-
tieuſes et auffi commodes, que le font celles des
troupes de la puiffance au pouvoir de laquelle fe
trouvent les prifonniers; que cette puiffance fera
pourvoir journellement les officiers d'autant de
rations, compofés des mêmes articles et de la
même qualité, dont jouiffent en nature ou en
équivalent les officiers du même rang, qui font à
fon propre fervice, qu'elie fournira également à
tous les autres prifonniers, une ration pareille à
celle qui eft accordée au foldat de fa propre ar-
mée. Le montant de ces depenfes fera payé par
<
( 348 )
war and the faid accounts fhall not be mingled
with or fet off, againſt any others, nor the ba
lances due on them be withheld as a fatisfaction
or reprifal for any other article, or for any other
caufe, real or pretented, whatever. That each
party fhall be allowed to keep a commiffary of
prifoners of their own appointment, with every
feparate cantonment of prifoners in poffeffion of
the other, which commiffary fhall fee the prifon-
ers as often as he pleafes, fhall be allowed to re-
ceive and diſtribute whatever comforts may be
fent to them by their friends; and fhall be free
to make his reports in open letters to thoſe who
employ him; but if any officer fhall break his
parole, or any other prifoner fhall eſcape from
the limits of his cantonment after they ſhall
have been deſignated to him, fuch individual of-
ficer or other prifoner fhall forfeit fo much of
the benefit of this article as provides for his en-
largement on parole or cantonment. And it is
declared, that neither the pretence, that war dif-
folves all treatie, or any other whatever ſhall
be confidered as annulling or fufpending this and
the next preceding article; but on the contrary.
that the ſtate of war is precifely that for which
they are provided, and during which they are to
be as facredly obſerved as the moſt acknowledg
ed articles in the law of nature and nations.
ARTICLE XXV.
Confuls, &c.
fide in the
The two contracting parties have granted to
allowed to re- each other the liberty of having each in the ports
domisions of of the other, confuls, vice-confuls, agents and
the two parties commiffaries of their own appointment, who fhall
enjoy the fame privileges and powers, as thofe of
}
1
(349)
l'autre puiffance, d'àpres une liquidation de
compte, à arreter reciproquement pour l'entretien
des prifonniers à la fin de la guerre, et ces comptes
ne feront point confondus, ou balancés avec
d'autres comptes, ni la folde, qui en eft due, re-
tenue, comme compenfation, ou reprefailles,
pour tel autre article, ou telle autre pretention
reelle, ou fuppofée. Il fera permis à chacune
des deux puiffance d'entretenir un commiffaire de
leur choix, dans chaque cantonnement des priſon-
niers, qui font au pouvoir de l'autre. Ces com-
miffaires auront la liberté de vifiter les prifonniers,
auffi fouvent qu'ils le dèfireront, ils pourront
egalement recevoir et diftribuer les douceurs,
que les parens ou amis des prifonniers, leur fe-
ront parvenir; enfin il leur fera libre encore, de
faire leurs rapports par lettres ouvertes, à ceux
qui les employent. Mais fi un officier manquoit
à fa parole d'honneur, ou qu'un autre priſonnier
fortit des limites, qui auront été fixées à ſon can-
tonnement, un tel officier ou autre prifonnier fe-
ra fruftré individuellement des avantages ftipulés
dans cet article pour fa relaxation fur parole
d'honneur, ou pour fon cantonnement. Les
deux puiffances contractantes ont declarés en ou-
tre, que ni le pretexte que la guerre rompt les
traités, ni tel autre motif quelconque, ne fera
cenfé annuller, ou fufpendre cet article, et le
precedent, mais qu'au contraire le tems de la
guerre eft precifément celui pour lequel ils ont
été ftipuleès, et durant lequel ils feront obfervés
auffi faintement, que les articles les plus univer-
fellement reconnus par le droit de la nature et
des gens.
5.
ARTICLE XXV.
Les deux parties contractantes, ſe ſont accordé
mutuellement la faculté de tenir dans leurs ports
refpectifs des confuls, vice-confuls, agens, et com-
miffaires de leurs choix, et ils y jouiront des
(350)
Favours
granted to
others to be
extended to
the parties,
Limitation of
the treaty
the most favoured nations. But if any fuch con-
ful ſhall exerciſe commerce, they fhall be fub-
mitted to the fame laws and ufages, to which
the private individuals of their nation are fub-
mitted in the fame place.
ARTICLE XXVI.
If either party fhall hereafter grant to any
other nation, any particular favour in navigation
or commerce, it fhall immediately become com-
mon to the other party, freely, where it is freely
granted to fuch other nation, or on yielding the
fame compenfation when the grant is conditional.
ARTICLE XXVII.
H
His Majefty the king of Pruffia and the United
States of America agree: that this treaty fhall be
in force during the term of ten year from the
exchange of the ratifications; and if the expira-
tion of that term ſhould happen during the courſe
of a war between them, then the articles before
provided for the regulation of their conduct dur-
ing ſuch a war, fhall continue in force until the
conclufion of the treaty, which ſhall reſtore peace.
This treaty fhall be ratified on both ſides, and
the ratifications exchanged within one year from
the day of its fignature, or fooner if poffible.
In teſtimony whereof the Plenipotentiaries be-
fore mentioned have hereto fubfcribed their
names and affixed their feals. Done at Berlin
the eleventh of July in the year one thouſand
feven hundred and ninety nine.
(L. S.) John Quincy Adams.
(L. S.) Charles Guillaume Comte de Finkenftein.
(L. S.) Philippe Charles d'Alvenfleben.
(L. S.) Chretien Henri Curce Comte d'Haugwiz.
( 351)
mêmes privileges et pouvoirs dont jouiffent ceux
des nations les plus favorifées. Mais dans le cas
où tel ou autre de ces confuls veuille faire le com-
merce, il fera foumis au mêmes loix et ufages
auxquels font foumis les particuliers de fa nation
à l'endroit ou il réfide.
ARTICLE XXVI.
Lorfque l'une des deux parties contractantes
accordera dans la fuite quelque faveur particuliere
en fait de navigation ou de commerce à d'autres
nations,elle deviendra auffitôt commune à l'autre
partie contractante, et celle-ci jouira de cette fa-
veur gratuitement, fi la conceffion eft gratuite,
ou en accordant la même compenfation fi la con-
ceffion eft conditionelle.
ARTICLE XXVII.
Sa Majesté le Roi de Pruffe et les Etats Unis
de l'Amerique font convenus que le prefent
traité aura fon plein effet pendant l'efpace de dix
années à compter du jour de l'echange des ratifi-
cations, et que fi l'expiration de ce terme arrivoit
dans le cours d'une guerre entre-eux, les articles
ci-deſſus ſtipulés pour regler leur conduite en tems
de guerre conferveront toute leur force juſqu' a
la conclufion du traité qui retablira la paix.
Le prèſent traité fera ratifi éde part et d'autre,
et les ratifications feront echangées dans l'efpece
d'une année à compter du jour de la fignature,
ou plutôt fi faire ſe peut.
En foi de quoi les plenipotentiaires fus nommés
ont figné le préſent traité et y ont appofé le cachet
de leurs armes. Fait à Berlin le onze Juillet, l'an
mille fept cents quatre vingt dix neuf.
(L. S.) John Quincy Adams.
(L. S.) Charles Guillaume Comte de Finkenftein.
(L. S.) Philippe Charles d'Alvenfleben.
(L. S.) Chretien Henri Curce Comte de Haugwiz.
:
15
(352)
A
܆ܪ܃
AND WHEREAS the faid Treaty has by
me on the one part, by and with the advice and
-conſent of the Senate of the United States, and
by his Majesty the King of Pruffia, on the other
part, been duly approved and ratified: And
whereas the ratifications thereof, were duly ex-
changed at Berlin, on the twenty-fecond day of
June laft paft: NOW THEREFORE, to the
end that the faid Treaty may be executed and
obferved with punctuality and the moit fincere
regard to good faith, on the part of the United
States, I DO HEREBY made known the pre-
mifes, and enjoin and require all perfons bearing
office, civil or military, within the United States,
and all others, citizens or inhabitants thereof,
or being within the fame, to execute and obferve
the faid Treaty accordingly.
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$2.6
(L. S.)
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IN TESTIMONY WHEREOF, I have
WM
caufed the Seal of the United States of
America to be affixed to thele prefents,
and figned the fame with my hand. Done
at the City of Washington, the fourth
day of November, in the year of our
Lord, one thouſand eight hundred, and
of the Independence of the United States
the twenty-fifth:
DUNID
3
By the Prefident,
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JOHN ADAMS.
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JOHN MARSHALL, Secretary of State.
2. A
TABLE OF CONTENTS.
PACE.
A
4.
228
N act extending the privilege of franking let-
ters to the delegate from the territory of
the United States, northwest of the river Ohio;
and making provifions for his compenfation, 227
An act for the relief of Solomon Bofton,
An act to provide for the erection and fupport
of a Light Houſe on Cape Poge, at the north-
easterly part of Martha's vineyard,
An act to provide for the more convenient orga-
nifation of the courts of the United States,
An act regulating the grants of land appropriated
for the refugees from the Britiſh Provinces of
Canada and Nova Scotia,
257
An act making the port of Biddeford and Pepper-
relborough and the port of New Bedford in
Maffachuſetts, ports of entry for fhips or vef
fels arriving from the Cape of Good Hope
and from places beyond the fame,
An act to eſtabliſh the diſtrict of Briflol, and to
annex the towns of Kittery and Berwick to the
diftrict of Portſmouth,
An act to diſcharge Samuel Lewis, fen. from his
impriſonment,
An act freeing from poftage all letters and packets
to John Adams,
An act for the relief of Nathaniel Holmes,
An act to continue in force the acts laying duties
on licenſes for felling wines and foreign diſ-
tilled fpirits by retail, and fo much of the act
laying certain duties on fnuff and refined fu-
gar, as refpects a duty on refined fugar, on
property fold at auction, and on carriages for
the conveyance of perfons,
S
Z z
229
230
260
260
262
263
263
264
ii
An act declaring the confent of Congrels to an
act of the ſtate of Maryland, paffed the twenty
eighth day of December, one thousand feven
hundred and ninety-three for the appointment
of a Health Officer,
1980 265
An act to allow the tranfportation of goods, wares
and merchandiſe, to and from Philadelphia
and Baltimore by the way of Appoquinimink
and Saffafras,
ぶ
​An act for the relief of Arnold Henry Dorhman,
or his legal reprefentatives,
រ
An act concerning the diftrict of Columbia,
An act fupplementary to an act entituled, "An
act to divide the territory of the United States,
north-west of the Ohio, into two feparate go-
vernments,"
An act to add to the diſtrict of Maffac on the Ohio,
and to diſcontinue the diftrict of Palmyra in
the ſtate of Tenneffee, and therein to amend
the act entituled "An act to regulate the col-
lection of duties on imports and tonnage,"
An act making appropriations for the military
eſtabliſhments of the United States, for the
year 1801,
An act to amend the act, entituled, "An act to
eſtabliſh a general ftamp office,"
An act providing for a naval peace eſtabliſhment
and for other purpoſes,
ANCA
An act concerning the mint,
kates
¢
[17
1
260
267
268
274
275
276-
279
280
279+
8!!
286t
An act authoriſing the Secretary of the Treafury
to employ clerks for completing the abftracts!
of the valuation of lands and dwelling houfes,
and the enumeration of flaves,
An act giving a right of pre-emption to certain
perfons who have contracted with John Cleves
Symmes or his affociates, for lands lying be-
tween the Miami Rivers in the territory of the
United States north-weft of the Ohio,
281
{
AL
+ Th
291
An act fupplementary to the act, intituled, "An
act concerning the diftrict of Columbia,"
An act to amend the act altering the diſtrict of
Bermuda Hundred and City Point,
An act authoriſing the remiffion of duties on cer-
tain teas deſtroyed by fire, while under the
care of the officers of the cuftoms, in Provi-
dence, Rhode-Iſland,
293
An act making appropriations for the fupport of
government for the year one thouſand eight
hundred and one,
An act directing the mode of eftimating certain
foreign coins and currencies, and making out
invoices in certain cafes,
An act to augment the falaries of the diſtrict
judges in the districts of Maffachuſetts, New-
York, New Jerſey, Delaware and Maryland,
reſpectively,
An act in addition to an act, intituled, "An act
making provifion for the further accommoda-
tion of the houſehold of the Prefident of the
United States,
8
22
iii
-
A
287
294
301
302
393
An act making appropriations for the navy of the
United States for the year one thouſand eight
- hundred and one,
304
An act for altering the times and places of hold-
ing certain courts therein mentioned, and for
other purpoſes,
307
An act to amend the act, entituled "An act to
provide for the valuation of lands and dwel-
ling houſes, and the enumeration of flaves
within the United States," and to repeal the
act, intituled “An act to enlarge the powers
of the furveyors of the Revenue,"
An act for erecting light-houfes on New Point
Comfort, and on Smith's Point, in the ftate
of Virginia, on Faulkner's ifland in Long-
310
iv
Iſland Sound, in the ftate of Connecticut, and
for placing buoys in Narraganfet Bay,
An act further to alter and to eſtabliſh certain
poft roads,
Refolution refpecting certain property of the U-
nited States in the poffeffion of Thomas Clax-
ton, James Mathers, and Thomas Damn, door
keepers to Congrefs,
TREATY of Amity and Commerce between his
Majefty the King of Pruffia, and the United
States of America,
$
311
313
316
317
:{
INDEX.
01
ACTS.
PART
ART of the aft for the remiffion of fines, &c. continued and
part repealed
chap. 6. p. 12
Affent of Congreſs given to certain acts of Maryland and Georgia
chap. 15. p. 41
chap. 21. p. 84
progrefs of the
f. 4. P. 90
"Act to authorife the defence of the merchant veffels" &c. coutinu-
chap. 27. P. 9!
cafes of contested
chap. 28. p. 92
"A& for the government of the Navy," paffed 2d March 1799, re-
pealed
f. 11. p. 126
"Act in addition to the act for the puniſhment of certain crimes"
&c. continued
chap. 35. p. 128
employed in the ma-
chap, 36. p. 129
" A& concerning certain fisheries,"&c. continued
Repeal of the 5th Sec. of the " Act to promote the
ufeful arts," &c.
ed in force
"Act to preſcribe the mode of taking evidence in
elections," &c. continued
"Act laying duties on mills and implements
nufacture of fnuff," repealed
"Act laying an additional duty on falt,"&c. continued
chap. 43. P. 144
-
"Act providing for the fale of the lands of the United States"&c.
partially repealed
f. 17. p. 187
"Acts laying duties on licenfes for felling wines and foreign dif
tilled fpirits by retail; and fo much of the act laying certain du-
ties on fnuff and refined fugar, as refpects a duty on refined fu-
gar, on property fold at auction and on carriages for the convey-
ance of perfons,- continued in force
chap. 82. p. 264
"Act to enlarge the powers of the furveyors of the Revenue," re-
pealed
1. 3. P. 311
f.
ADAMS, JOHN,
Letters and packets to and from him freed from poftage.
chap. 80. p. 263 f. 3. p. 316
ADJUTANT GENERAL.
f. 2. p. 91
Allowance to his affiftant
ALIENS. See Patent.
ALLOWANCE. See Compenfation.
ANN and HOPE. See Providence.
APPEAL. See Judiciary.
APPOQUINIMINK.
Goods may be tranfported to and from Philadelphia and Baltimore
by the way of Appoquinimink and Saffafras
chap. 84. p. 266
INDEX.
APPROPRIATION
For the the purchaſe of copper for the mint
furniture for the Prifident's houfe
for the Capitol
For making footways in the city of Waſhington
For the purchaſe of books for the uſe of Congress
For placing buoys at Buzzard's Bay and the erection of
at Wigham Point
For payment of intereft on the new loan of 3,500,000
Of the proceeds of the loan
For the fupport of government for the year 1800
for the year 1801
For the military eſtabliſhment in the year 1800
in the year 1801
f. 1. p. 127.
1. 2. p. 130
f. 3. p. 130
f. 4. p. 131
f. 5. p. 132
a lighthouſe
f. 6. p. 137
dollars
f. 2. p. 142
f. 3. p. 143
V
chap. 47. p. 148
chap. 98. p. 294
chap. 48. p. 159.
chap. 89. p. 276
chap. 57. p. 188
chap. 102. p. 304
chap. 62. p. 196
chap. 65. p. 199
f. 6. p. 223
f. z. p. 229-
certain of the
For the navy during the year 1800
during the year 1801
For holding an Indian Treaty
Additional appropriation for the year 1800
Of the proceeds of certain additional duties on imports
For building a light-houſe at Cape Poge
For paying the augmentation of falary allowed to
diftrict judges
f. 2. p. 302
Smith's Point
For building light houfes on New Point Comfort
and Faulkner's Ifland, and for placing buoys in Narraganset Bay
f. 4. p. 312
ARMOURIES.
Rations allowed to the fuperintendants and mafter armourers
f. 1. p. 147
Penalty on enticing away, employing &c. workmen under engage-
ments to the United States
f. 2. p. $47.
on workmen being guilty of certain mifconduct f. 3. p. 148
Artificers and workmen exempted from military fervice and fervice
as jurors
f. 4. p. 148
ARMY. See Indians.
Further enlistments under the "Act to augment the army" &c. fu-
fpeaded
chap. 9. p. 14
Rank and pay of the paymafter-general, and allowance to the affif-
tant of the adjutant general
chap. 26. p. go
Further appointments, under the "Act to augment the army" &c.
and the 9th Sec. of the act for the better organization of the troops
of the United States, may be fufpended
f. 1. p. 205.
Cficers and men appointed or raiſed under thoſe laws may be dif
charged, with certain exceptions
f. 2. P.
206
Three months extra pay allowed to them
1. 3. p. 206.
ARSENAL. See Armouries.
ATTORNIES. See Judiciary.
AUCTION. See Aas.
INDEX.
BANKRUPT. -
f. 2. p. 47
Who may be a bankrupt
What thall be an act of bankruptcy
Proceedings to obtain a commiffion of bankruptcy
Commiffioners to take an oath, and mode of declaring a bankrupt
They may caufe the bankrupt to be arreſted
They fhall take into their poffeffion the bankrupt's
f. 3. p. 48
f. 4. F. 49
property, books
f. 5. p. 50
and papers
Notice of the bankruptcy, appointment of affignees, proof of debts,
and affignment of the bankrupt's eftate
f. 6&7.p. 50—1—2
Creditors may remove the affignees and chufe others
f. 7. P. 52
Suits not to be abated by the change of affignees
1. 9. p. 53
General effect of the affignment by the commiffioners
It shall bar eftates tail
f. 10. p. 53
C. 11. p. 54
Commiffioners may tender performance of the conditions on which
f. 12. p. 54
the bankrupt's property is pledged
Effect of the affignment of debts and mode of their
£. 1. p. 45
ibid
recovery
Mode difcovering concealed property or debts.
Summoning of witneffes, &c.
f. 13. P. 55
f. 14. p. 56
f. 15. p. 57
f. 16. p. 57
Penalty on making a fraudulent claim
Commiffioners may affign property fraudulently conveyed f. 17. p. 58
Duty of the bankrupt to furrender hinfelf and be examined, &c.
f. 18. p. 58
{. 10. P. 59
Made of examination when the bankrupt is in prifon
Day's of meeting to be appointed within the term limited for the fur-
render, &c.
f. 19. p. 60
Houſes, doors, &c. of the bankrupt may be broken open f. 20. p. 61
Bankrupt may be committed for refufal to be examined, &c.
f. 21. p. 61
Punishment of his perjury
Bid
He fhall have accefs to his books and writings, and fhall be free from
arreft in going to ſurrender, &c.
f. 22. p. 61
Penelty on concealing a bankrupt
Bankrupt's wife may be examined
Commitioners to exprefs the cauſe of commitment in their warrants
f. 23. p. Ez
f. 24. F. 52
f. 27. p. 53
f. 26. p. 03
jöid
•
Bounty for difcovering a bankrupt's eftate
Penalty on trustees concealing his property
Goods of which the bankrupt is the reputed owner may be affigned
f. 27. p. 63
Penalty on the perfon fuing out a commiffion receiving an undue fa-
tisfaction from the bankrupt
f. 28. p. Et
Making of dividends
f. 20 & 30. p. 64-5-6
Bankrupt's eftate to be propertionably divided without regard to the
creditor's fecurity
1. 3. p. 67
INDEX.
Affignees thall keep books of account, open to the infpection of the
creditors
f. 32. p. 68
f. 33. p. 68
f. 34. p. 68
proved under
ibid
Bankrupt bound to attend the affignees, &c.
Allowance to the bankrupt out of his eſtate
He thall be diſcharged from all debts which might be
the commiffion
Allowance when his eftate does not pay half his debts
How a certificate of diſcharge is to be obtained
What shall operate a forfeiture of the right to be
the allowance
f. 35. P. 70
f. 35. p. 70
difcharged and to
f. 37 P. 78
habeas corpus
f. 33. p. 72
f. 39 P. 72
Debts due at a future day may be proved
Obligees of certain bonds and the affured in a policy of infurance
may claim under the commiffion
f. 39. P. 73
Proceeddings on an habeas corpus, brought by a perfon committed
l. 40. p. 73
by the commiffioners
ibid
Penalty on the goaler fuffering fuch perfon to go at large
Gaoler to produce bankrupt, &c. to the creditor
Off-sets to be admitted
Affignees may by confent of the commiffioners &c. agree
promife or reference
Bankrupt's eftate may be diſpoſed of at public auction,
ty, &c.
Bankrupt, when arreſted, may be diſcharged on
an
Defendants who have acted under the commiffion may
neral iffue and ſhall recover double cofts
Property coming to the bankrupt, before he obtains a
be vefted in the commiffioners
f. 44. P. 75
f. 45. P. 75
Cafe of the bankrupt dy iag, pending the proceedings
Commiffioners may demand fecurity for the costs of the commithion
f. 46. p. 75
District judge fhall fix the compenfation of the commiflioners
f. 47 p. ;6
Penalties under the bankrupt aft how recovered and appropriated
f. 48. p. 76
plead the ge-
f. 49. p. 76
certificate, shall
Proceedings of the commiffioners to be filed in the office
of the diſtrict court. &c.
f. 41. p. 74
f. 42. p. 74
to a com-
f. 43. P. 74
free of du-
Majority of the commiffioners may act
Of what facts the commiffion of bankruptcy ſhall be
Effect of a difcharge under a fecond commiffion limited
f. 50. p. 77
of
the clerk
£
5 1. p. 77
and at the
f. 52. p. 77
ibit
Creditors may attend the examanations of the bankrupt
allowance of his certificate
Trial by jury may be had in relation to certain facts
C. 53. P. 78
Allowance to the bankrupt pending the proceedings
Creditors may direct where the money coming from the bankrupt's
eſtate ſhall be depofited
1. 54. P. 79
f. 55. P• 79
evidence
f. 56. p. 79
f. 57. p. 79
INDE X.
A
afi lo ona este af
en ada ud
f. 58. p. 80
1,59. p. 80
Claims of creditors may be tried by jury
Bankrupt's eftate may be fold on credits
The creditors or commiffioners may releafe the bankrupt from pri-
for, and the former may iffue a new execution, if he does not
obtain a difcharge, &c.
f. 60. p. 81
How the bankrupt act thall affect the infolvent laws of the fates
1.61. p. 81
423
Saving of the rights of the United States and of each ſtate as to
their debts
f. 62. p. 82
f. 63. p. 82
1. 64. p. 82
f. 12. p. 237
Saving of exiting liens
Limitation of the bankrupt act
Circuit judges to have cognizance under it
BERMUDA HUNDRED. See City Point.
BERWICK. Sce Portsmouth.
· ·BIDDEFORD AND PEPPERELBORO”.
Created a port of entry for ventels from the Cape of Good Hope and
beyond the fame.
chap. 76. p. 260
BOSTON SOLOMON.
chap. 73. p. 228
f. 1 & 2. p. 260-1
Jus
ܒܕ
܀ ܐ ܕ
Aft for his relief
mad - dy
BRISTOL
Created anew district
Petit
ab f
BUOYS.
To be placed at Buzzard's Bay
———————– in Narraganfet Bay
CANADA. See Refugees from.
CANFIELD ITHAMAR.
3.2+:
An a&t for his relief
CAPTURE. See Navy-Government of.
CARRIAGES. See dās.
Gedu
1.4. P. 137
f. 3. P. 32
Penalty on their making no return or a falfe one
Marthals, &c. to be afftant's returns, and make
ܪ ܐܐ
chap. 52. P. 170
CENSUS.
Marſhals of the diſtricts and ſecretaries of the territories to cauſe an
enumaration to be made
f. L. p. 24
1sid
They may appoint affistants
Oaths to be taken by the marshal, &c.
Commencement and clofe of the enumeration
Affiftants to make returns
f. 1. p. 25
ibid
f. 1. p. 25
f. 2. p. 28
aggregate returns
-f. 3. p. 28
to the fecretary of state
Certain judges to give the cenfus aft in charge to the grand juries
f. 3. p. 29
f. 4. p. 29
f.
Compenfation to the marshals and their affiftants
How tranfient perfons and abfentees are to be returned
Certain perfons bound to give information to the marshal's
5.P.30
alliftants
f. 6. p. 31
f. 7. P. 3!
Affiftants to poſt up their ſchedules, &c...
Secretary of Gate to give infractions for carrying the cenfus act
into effect
f. S. F. 35
A a a
J
t
1
INDEX.
Act to alter the oaths refpecting the cenfus
CIRCUIT COURT. See Judiciary.
CITY POINT.
Alteration of the diftrict of
3
CLARK'S POINT. See Light-House.
CLAXTON THOMAS. See Congress.
CLEARANCE. See Commercial intercourse with France.
CLERKS,
f. 3. p. 95
Allowed to the fuperintendant of ftamps
Secretary of the treaſury authorifed to employ certain clerks
chap. 94. p. 280t
chap. 23. p. 86
f. 4. p. 162
chap. 96. p. 291
CLERKS of COURTS. See Judiciary.
COD-FISHERIES. See Fisheries.
COLLECTORS OF THE CUSTOMS.
Compenfation to them
COLLEGE. See Rhode Island College.
Certain collectors to depofit bonds in the banks for collection
Formed into two counties
Circuit court eſtabliſhed in
f. 1 & 2. p. 172—3
Teft of writs
Saving of the rights of corporations
Powers of the circuit court
COLUMBIA-District of.
Laws of Maryland and Virginia continued in force in the fame
f. 1. p. 268
f. 2. p. 268
f. 3 &c. p. 269
f. 3. p. 173
A marshal to be appointed for
An attorney to be appointed for
Allowance to the marshal, attorney and clerks
Compenfation of the judges
f. 10. p. 271
f. 11. p. 271
Juftices of the peace to be appointed
Registers of wills and judges of the orphans court to be appointed
f. 12. p. 272
How to obtain execution, within the district, upon judgments alrea-
dy rendered in the courts of Maryland and Virginia f. 13. p. 272
Suits in the courts of Huftings for Alexandria and George-Town
f. 14. p. 272
f. 15. p. 273
f. 16. p. 273
f. 1. p. 2
p. 287
continued to the circuit court
Form of indictments, mode of recovering and diftribution of penal
ties
f. 2. p. 288
f. 3 p. 288
ibid
commif-
f. 4. p. 289
f. 5. p. 289
f. 6. p. 289
counties, may
certain pub.
£7. p. 290
f. 7. p. 270
f. 9. p. 271
ibid
Duties and emoluments of the clerks of the court
Delivery of fugitives
Powers of fheriffs and collectors, in certain adjacent
be excerciſed within the diſtrict, for the collection of
lic dues
Punishment of felonies
Jurisdiction of the circuit court for Alexandria county
Magiftrates of each county to form a board of county
fioners
INDE X.
Such fheriffs may make certain arreſts
The chief judge and one of the affociate judges may
f. 8. p. 290
make certain
f. 9. P, 291
1. 7. P. 309
See Navy.
FRANCE.
appointments
Chief judge to be alfo judge of the diſtrict of Potomac
COMMANDANT OF THE MARINE CORPS.
COMMERCIAL INTERCOURSE WITH
Sufpended
f. 1. p. 15
f. 2. p. 16
Security to be given on clearing for a French port
Mafter of a veffel going to a French port and unlading through
compulfion may receive on board certain returns.
Treatment of veffels coming from a French port f. 4 & 5.
The Preſident may remit the prohibition of intercourſe
How Hifpaniola ſhall be confidered in this refpect
The Prefident may inftruct the public armed fhips to
fufpected of carrying on the prohibited intercourfe
Penalties may be mitigated, &c.
Diftribution of them
f. 9. p. 21
ibid
The Prefident may grant exemption from the prohibition to certain
veffels
f. 10. p. 21
Former act partially continued
Limitation of this act
f. 11. p. 22
f. 12. p. 22
COMMISSIONER OF THE REVENUE.
To vellum &c.
COMMISSIONERS OF THE DIRECT TAX.
COMPENSATION. See Bankrupt.
Allowed to W. H. Harriſon, delegate from the N. W. Territory
f. 3. p. 17
p. 18 & 19
f. 6. p. 20
f. 7. p. 20
detain veffels
f. 8. p. 20
To the fuperintendants of fales in the N. W. Territory
To the public miniſters
To the delegate of the North Weſtern Territory
To jurors and witneffes
To the judges of the circuit courts and judges
Tenneffee diftricts
f. 10. p. 99
f. 2. P. 5
f. 4. p. 29
To the marshals and their affiftants for taking the cenfus
To the paymafter-general and affiftant of the adjutant general
chap. 26. p. 90
f. 2 & 3. p. 95
f. 15. P. 57
f. 47. P. 76
See Tax.
To the fuperintendant of ſtamps and his clerks
To witneffes ouder a commiffion of bankruptcy
To the commiffioners of bankruptcy
To the officers of the Senate and Houſe of Repreſentatives-ad-
ditional
chap. 40. p. 138
To certain collectors and furveyors of the cuftoms chap. 54. p. 172
To receivers of public monies in the North Weſtern Territory
f. 6. p. 180. f. 6. p. 285. f. 9. p. 286
f. 12. p. 185
f. 9. p. 286
f. 13. p. 186
f. 1. p. 187
£. 3. p. 227
f. 38. p. 256
Kentucky and
f. 41. P. 257.
To the registers of the land-offices
of
Tothe marthals, attorney and clerks of courts in the Territory of
Columbia
f. 9. p. 271. f. 5. p. 289
}
INDEX.
To the judges of the fame territory
To other officers of the fame
To certain of the diftrict judges-augmented
CONGRESS.
meeting after the
chap. 67. p. 204
Appointment of the time and place of their
fpring of 1800
Refolution refpecting certain property in poffeffion of their door-
keepers
P. 316
CONNECTICUT. See Western Reserve of Connecticut.
CONTESTED ELECTIONS.
"Act to preſcribe the mode of taking evidence," &c. continued
chap. 28. p. 92
COPPER MINES.
Prefident to employ an agent to enquire concerning copper-mines
on Lake Superior
P. 211
COURT. See Judiciary.
COURTS MARTIAL-Naval.
Appointment of naval general courts martial
Oath to be taken by its members
4
by the judge advocate
f. io. p. 271
f. 1. p. 287
chap. 100. p. 302
Giving of teftimony
Exhibition of charges and treatment of an arreſted officer
COURTS OF ENQUIRY-Naval.
Who may call them. Their powers, &0.
Oaths of the members and of the judge advocate
CRIMES. See Penalties.
DEBT. See Insolvency.
DIRECT TAX. Sce Tax.
Continuance of the fitting of the court
Order for the fufpenfion of an officer
How fentences are to be given and confirmed. Pardon
tion of punishments
DISTRICT COURTS. See Judiciary.
DOORKEEPERS OF CONGRESS.
art.
35. p. 118
art. 36. p. 118
ibid p. 119
art. 37. P. 119
DRAWBACKS.
A further fum to be retained thereon
Additional drawback on. fugar refined and ſpirits
lafles within the United States
Allowed on goods exported to New-Orleans
DUNN, THOMAS. See Congress.
DUTIES.
paid ten per cent
New duties on wines
art. 38. p. 120
art. 39. p. 120
art. 40. p. 121
and mitiga-
art. 42. p. 121
Refolution concerning certain property in their poffeffion
DORHMAN, ARNOLD HENRY.
Act for the relief of his legal reprefentatives
f. z. p. 121
art. 3. p. 122
<
F-316
chap 85. p. 267
chap. 64. p. 198
difilled from mo-
f.
5. P. 203
chap. 21. p. 84
Additional duties laid on fugar and molaffes and fuch articles as
f. 1. p. 201
f. 2. p. 202
INDE X.
Additional duty on articles imported in foreign veffels f. 3. p. 202
How the above duties are to be collected
f. 4. p. 203
Appropriation of the proceeds thereof
f. 6. p. 203
Value of the Sicca Rupee of Bengal, Rupee of Bombay and the
Star Pagoda of Madras
f. 1. p. 301
Invoices fhall be made out in the currency of the place, whence
the importation is made
f. 2. p. 302
DWELLING-HOUSE. See Tax.
EDGECOMB.
Veffels may unload at Edgecomb in Maine, in certain cafes
ELECTION. See Contested Elections.
ENLISTMENT. See Army.
ENUMERATION.
See Census.
EVIDENCE. See Contested Elections.
EXECUTION. See Prisoner.
FAULKNER'S-ISLAND. See Light-House.
FEES. See Compensation.
FISHERIES.
Acts concerning them continued
chap. 22. p. 84
FOREIGN INTERCcourse.
Accounts for the contingent expences of, to be annually fettled
and how
f. 2. p. 188
FORFEITURE. See Penalty.
FRANCE. See Commercial Intercourse with-French Depredations.
FRANKING. See Post-Office.
FRENCH DEPREDATIONS.
Act for the defence of the merchant veffels. &c. continued
GEORGIA.
Affent of Congrefs given to a certain act of
Refpecting the fettlement of limits with
COAL. See Prisoner.
A&t for his relief
HOUSE. See Tax.
HABEAS CORPUS. See Bankrupt.
HARDING, CÓL. JOHN,
Further appropriation for his children
HARRISON, W. H.
chap. 91. p. 207
Allowed the privilege of franking and a compenfation chap. 2. p. 4.
HISPANIOLA. See Commercial Intercourse with France.
HOLMES NATHANIEL.
chap. 81. p. 263
·
Additional compenfation to the officers of
IMPRISONMENT See Prisoner.
f. 2. p. 162
chap. 27. p. 91
HOUSE OF REPRESENTATIVES.
INDIANA TERRITORY.
chap. 15. P. 42
f. 10. p. 166
chap. 40 p. 138
Boundaries of it
Form of government and privileges of the inhabitants
f. 1. p. 139
f. 2. p. 139
INDE X.
Powers, duties and compenfation of the officers
Their commiffions may be iffued in the recefs of Congrefs
When its affembly fhall be organiſed
Seat of its government
f. 3. p. 140
ibid
f. 4. p. 140
f. 6. p. 141
INDIANS.
Penalty on certain correfpondence with f. 1 & 2. p. 10 & II
Oa fuch correfpondence with foreign powers in relation to the
Indians
Concerning arrefts made of perfons paffing over the
f. 3. p. 11
Indian boundary
chap. 30. p. 94
chap. 62. p. 196
chap. 68, p. 204
Appropriations for holding treaties with them
Provifion for the expences of their vifits
INSOLVENCY. See Prisoner.
INTERCOURSË, See Commercial Intercourse-Foreign Inter-
course.
INVOICE. See Duties.
JARVIS JAMES.
Refolution in honor of his memory
P. 271
JOHNSON, MAJOR THOMAS.
Payment to made to a detachment of militia which ferved under
him
chap. 63. p. 197
JUDICIARY. See Courts Martial-Naval Courts of Enquiry-
Naval, Columbia, Bankrupt.
Proceedings in the circuit court for Pennfylvania revived
chap. 1. p. 3
District judges may relieve prifoners in execution f. 2. p. 7. &c.
Certain courts to give the centus act in charge to the grand juries
f. 3. p. 29
Alteration of the times of holding the district court in North-
Carolina
P. 43
Concerning perfons arrefted for paffing beyond the Indian boundary
P 94
Diftrict and circuit courts fhall have cognifance of offences againit
the “ Act in addition to the act, entitled, “ An act to prohibit the
carrying on the flave trade," &c.
f. 5. p. 169
Jurors to be detignated according to the made ufed in the higheit
courts of law of the Bates
chap. 61. p. 195
Alteration of the terms of the fupreme court-how a continuance
may take place, when a quorum of judges does not attend
f. 1. p. 230
f. 2. p. 230
f. 3. p. 230
courts
Clamincation of the districts into circuits
Judges to be appointed for the circuit courts
Times and places of holding the circuit courts
What writs may be iffued by the fupreme court
To confift of but five judges after the next vacancy
Divhion of the itates into diftrifts in relation to the circuit
f. 4. P. 231
f. 6. p. 233
f. 7. P. 233
¡b. & f. 1, &c. p. 307, &c.
INDE X.
A circuit judge may alter the place of meeting of the circuit court
f. 9. p. 236
f. 10. p. 236
f. 1 1. p. 237
General powers of the circuit court
Subjects of the cognifance of the circuit courts
Circuit judges to have cognifance under the bankrupt law
f. 12. P. 237
13. p. 238, &c.
Certain fuits may be removed from the ftate courts f.
One judge of the circuit court may hold the court for five days and
1. 15. p. 241
do certain acts therein
In civil fuits no arreft ſhall be made in one diftrict for trial in an-
other, and no original civil procefs fhall be brought but againft
inhabitants of the diftrict or fuch as are found there in f. 16. p. 242
Of fuits founded on affignments
ib. p, 243
f. 17. P. 243
Trial to be by jury
Circuit judges may iffue writs of ne-exeat and injunctions
They may order the removal of prifoners in cafe of danger
f. 18. p. 243
Continuance of fuits actually depending in the circuit courts
f. 20. p. 244, &c.
Additional diſtrict courts eſtabliſhed, and times and places of hold-
ing them
f. 21. p. 246, &c. f. 4, &c. p. 308
Clerks of the district courts to be appointed
f. 22. p. 249
Marthals and attornies to act in the fub-divifions of their district
ibid
Clerks of the circuit courts to be appointed
Former circuit courts abolished
Certain courts conftituted courts of record
District court of Maryland to be holden at Baltimore only
f. 23. p. 249
District courts of Tenneffee and Kentucky abolished-their powers
vested in the circuit courts; and the judges of the 6th circuit
to poffefs the powers of judges of the district therein
ib. p. 250
In cafe of the inability of the district judge, a circuit judge may
f.
officiate
25. p. 250
f. 26. p. 250
f. 27. p. 251
f. 19. p. 243
fupreme court
Writ of error to the circuit courts
f. 28. p. 251
Teft, figning and return of writs
f. 29. p. 251
f. 30. p. 252
Judges may grant writs of hab. corp. and inquir.
Courts and judges empowered to adminifter oaths generally,
and take furety of the peace and for good behaviour
Oath of a circuit judge
Appeals from the diftria to the circuit court and from
Marthals to be appointed for the diftricts
District attornies to be appointed
f. 31
f. 32. P. 253
thence to the
f. 33. P. 253
1. 34. P. 25+
f. 36. p. 255
f. 37-
£. 38. p. 256
f. 39.
Compenfation of jurors and witnefies
Records of the circuit courts where to be kept
Perfons attending court, how far privileged from arreft f. 40.
INDEX.
Y
+
*
Salaries of the circuit judges, &c.
f. 41. P. 257
Salaries of certain of the district judges augmented chap. 100. p. 302
Chief judge of Columbia diſtrict is to be the judge for the district
of Potomac
f. 7. P. 309
JUROR. See Judiciary.
KENNEBUNK.
District of, eſtabliſhed
KITTERY. See Portsmouth.
LAKE SUPERIOR. See Copper Mines.
LAND. See Tax-Marshals-Land Office-Virginia Military Lands-
Symmes I. C.
rants
Further time given for the regiſtry and location of land war-
chap. 8. p. 13
Boundaries of the townships and quarter townships, furveyed under
the act regulating the grant of lands for military fervices
F
1
f. 1. p. 161
Locations may be made on quarter townſhips, &c.
Certain fractional quarters to be taken for 4000 acres
Secretary of the Treafury to iffue warrants for deficiences in the
f. 3. P. 34
What is to be done in cafe the quarters contain more than 4000
T
quarters
f. 4.P.35
perform-
f. 5. P. 35
f. 6. p. 36
by their
may be
f. 7 P. 36
be fixed
f. 1. p. 32
f. 2. P. 34
ibid
acres
Reſervations for ſatisfying warrants held by individuals who
ed the military ſervice
Refervations to be divided into lots of 100 acres
Warrants held by individuals for their military ſervices, or
heirs, may be located on the 100 acre lots and patents
iffued therefore
When locations are made on the fame tract, priority is to
by lot
f. 8. p. 37
1. 9. P. 37
Public notice to be given of the reſervations
The plat returned by the furveyor general, declared to be conclufive
f. 10. p. 37
LAND-OFFICE.
Four land-offices eftablished in the N. W. Territory
rection of registers
Surveyor general to tranfmit certain plats to the regifters
fecretary of the Treaſury
To caufe certain lines to be run and marked
Certain lands to be fold by the registers of the land-offices
f
as to quantity
Leafes of referved lands may be made by the furveyor general
1.
15. p. 186
under the di
f. 1. p. 174
and to the
1. 2. p. 175
f. 3. p. 175
Limitation of the price, and mode of purchaſe
Payments to be made to the treaſurer or to the receivers of pub-
f. 6. P; !
f. 4. p. 177
f. 5. p. 178
lic monies
80
t
Duty of receivers of public monies and their compenfation ibid
regifters of the land offices f. 7. 8. &c. p. 181, &c.
INDEX.
1.
Mode of making purchaſes by the regiſters.
Secretary of the Treafury may preſcribe additional rules
Allowance to the register
F
*
1
the fuperintendants of public fales
1
His fees for the fame ·
LAND WARRANT. See Land.
LETTER, See Post-Office.
ཨེ་
Act for his rehef
·Patent Fees
Pre-emption right given to the builders of mills.
Duty of receiver of public monies at Cincinnati in
of pre-emption claimed by contractors with I. C. Symmes
...
*
LEWIS, SAMUEL.
·✰
LIGHT-HOUSE.
LOCATION. See Land Warrant.
LYME.
Annexed to New London
'MARINE. See Navy.
}
At New London to be rebuilt, &c.
At Clark's Point to be fupported at the expenfe
States.
A light Houſe to be erected at Wigwam Point
I
Another on Cape Poge
제 ​목
​Light houfes to be erected on New Point Comfort,
and Faulkner's Iſland
30 A
10
3
J
!
за
f. 11. p. 185
f. 12. p. 185
f. 13. p. 186
f. 14. p. 186
f. 16. p. 186
relation to rights
LOAN.
The Prefident, authoriſed to borrow three millions and an half .it
052)
100
chap. 43. p. 142
marthal's Office
MARTHA'S VINEYARD. See Light House.
MARYLAND.
See Land.
Bb b
f. 10. p. 184
f. 3. 4. p. 282-3
f. 6. p. 285
Addition to the diſtrict of
MATHERS, JAMES. See Congress.
MILITARY ESTABLISHMENT.
Appropriations for, in the year 1800."
in the year 1801
MILITARY SERVICES,
chap. 79. p. 262
N
4
Certain Acts of the ftate of, confented to by Congrefs
chap. 15. p. 42.
MASSAC.
за уро
f. I. &. 2. p. 36
of the United
f. 3. p. 136
f. 5. p. 137
-
p. 229
Smith's Point,
MARSHAL. See Census-Judiciary.
He may fell the intereft of the United States in lands delivered in
fatisfaction of judgments
f. 1. p. 145
Such fales heretofore made by the collectors confirmed
f. 2. p. 146
، ܕ ܂
chap. 95. P. 311
1.
Proceedings to conclude the fale of lands in cafe of vacancy in the
f. 3. p. 146
Ade
f. 3. p. 162
chap. 83. p. 26.5
chap. 88: p. 275
See Army.
chap. 57. p. 188
chap. 89. p. 276
INDEX.
MINISTERS, PUBLIC.
Their compenfation afcertained
1
Side
j
J
3189 1
fan of. 1. p. 987
Mob to
33.710 1
rt-r
MINT.
7
1. p. 127
Approbation for the purchafe of copper
Part of bullion depofited, to be retained, for the expenfe of refining
f. 2. p. 127
2016
To remain at Philadelphia, until the 4th March 1803
chap. 90. p. 207. & f. 1. p. 279t
Certain duties in relation to it, to be performed by the diftrict judge
and diſtrict attorney of Pennfylvania and the commiffioner of loans
for the ſtate of Pennsylvania
f. 2. p. 279+
MISSISSIPPI TERRITORY.
Organization of a general affembly therein
The commiffioners of the United States may fettle
compromife, refpecting it
They may inquire into the claims of individuals.
NARAGANSET. See Buoys.
A
ነ
1
f. 1, &c. p. 164
with Georgia by
xf. 10. p. 166
f. 10. p. 167
NAVY. See Salvage.
Def. 8. p. 20
..
Commanders of public armed veffels to ftop veffels fufpected of illicit
commerce with the French poffeffions
Rank and pay of the commanding officers of the marine corps no inst
chap. 29. p. 93
Commiffioned veffels to flop fuch as contravene the laws againſt the
flave trade
sador grocs 4. p. 159
Appropriations for the navy in the year 1800
chap. 57. p. 188
chap. 102. p.3 ot
-in the year 1801
The Prefident may cauſe certain of the public fhips to be fold
as fraspi 280
Six of the frigates to be retained in fervice and the reft to be laid
up
(faza pl 27+
Component parts of a ration on the reduced ehabliſhment
Papers refpecting captures to be tranſmitted
Penalty on pillaging a prize or mal treating the crew
Intercourfe with enemies and rebels
*
I
Mutiny and fedition
5
Difobedience of orders and affault on a fuperior officer
Quarrelling, defertion
S
Number of officers to be retained
Four months extra-pay to be allowed to thoſe diſcharged
NAVY, GOVERNMENT OF. See Courts Martial Naval-
Courts of Enquiry, Naval.
1.
f. 5. p. 1278+
Exemplary conduct incumbent on the officers of the navy f. 1. p. 198
Divine fervice to be performed, &c.
-ibid
ibid
Punishment of certain fcandalous offences
Penalties on the breach of duty in reſpect to attack and battle
で
​f. 3. p. 277+
f. 4. To ajot
p.ficg
p. 110
ibid
pin
Aibid
p. 112
ibis
INDE X.
}
3
Offences on ſhore
p. 112, & p. 115
p. 113
Frauds againſt the United States
Improper and unfkilful navigation of veffels, negligence in the per-
formance of duty. Murder. Convoy
ibid
Penalty on receiving merchandife on board: Wafte, embezzlement,
&c. of public property
P. 114
Theft. Detection and apprehenfion of offenders. Mufter-rolls and
fhips books. Infpection of provifions
115
Officers and men detached from the fhips to be furnished with certain
116
ſtatements
Rules for the government of the navy to be hung up and read.-
Treatment of the fick. Paying off. Treatment of inferior officers
and men
ibid
Mafter-at-arms' duty.
Punishment of crimes not ſpecified. Who
are petty officers. Affignment of wages and prize money 117
In cafe of the lofs of a veffel the command of the officers fhall remain
in force
Pay of captives to continue.
To whom the proceeds of prizes fhall accrue
Diftribution of prize-money
Bounty in cafe of finking the enemy
Penfions to perfons difabled in the fervice
+
Fund for the payment of penfions and half pay
NAVÝ, SECRETARY OF
17806
F
3
To be a manager of the navy fund for penfions and half pay
3 &
20
NEW BEDFORD
Created a port of entry for veffels from the Cape of Good Hope or
123 beyond the fame
chap. 77. p. 260
subotom o
NEW CASTLE.
Jada
- Veffels may unload, in certain cafes, at New-Caftle in Maine
?
-Lyme annexed to it
NEW ORLEANS. See Drawback.
f.
3. P. 122
1. 4. p. 123
f. 5. p. 123
f. 6. p. 124
f. 7. p. 125
f. 8. p. 125
f. 9. p. 126
NEW LONDON. See Light House.
14.
NEW POINT COMFORT. See Light House.
NORTH-CAROLINA.
Alteration of the time of holding the district court in
f. 10. p. 12
f. 2. p. 162
f. 3. p. 162
chap. 16. p. 43
Secretary of ftate authoriſed to tranſmit certain laws to that ftate
P 210
NORTH WESTERN TERRITORY.
Part of it constituted a new territory to be called the
Indiana
Territory
f. 1 p. 139
f. 6. p. 141
Seat of its government after the feparation
Privilege of franking letters allowed to its delegate f. 1. & 2 p. 227
His compenfation
f. 3. p. 227
INDEX.
Certain fuits revived in the divifions of the territory
NOVA SCOTIA. See Refugees from.
OATH See Prisoner Census-Bankrupt-Patent-Judiciary, Court.
Martial Naval-Court of Enquiry Naval.
PALMYRA.
PAGODA. See Duties.
District of, abolished
}
✓
.. tent
Damages for breaches of patent-rights
Repeal of part of the former aft
}
PATENT.
See Virginia Military Lands.
Perfons having refided two years within the United States may re-,
ceive Patents for uſeful, inventions
Oath to be taken by fuch aliens
The legal reprefentative of a deceafed inventor may receive a pa-
f. i. p. 88.
ibid
f. 2. p. 89*
f. 3. p. 89-
f. 4. p. 99.
PAYMASTER GENERAL.
on
the Indians
>
2.
chap. 87. p. 274
A. ~
chap. 88. p. 275
His compenfation and rank
PENALTY. See Bankrupt. Navy, Government of.
On an infolvent debtor taking a falfe oath.
Act for mitigating penalties partly repealed and partly revived
Distribution of fuch peralties
Penalty on certain correfpondence with the Indians
chap. 26. p. 90:
chap. 6. p. 12
Under the act fufpending intercourfe with France may be mitigat- -
ed, &c,
f. 9. p. 21
ibid®
f. 3. P. 9.
f. 1.& z. p. 10 & 11
with foreign powers in relation to
f. 3. p. 11
#
do.
on having certain commercial intercourfe with France
f. 1. p. 15
Forfeiture of veffels coming from France, &c. f. 4.& 5. p. 18 & 19
Penalty on marshals' affiftants making no return of their enumera-
tion, or a falfe one
f. 2. p. 28
on marſhals in relation to their returns with reſpect to the
cenfus
f. 3. p. 28
on not giving information to the marshals' affiftants
A
f. 6. p. 31.
Penalty on forging or uttering certain receipts or certificates relative
to ftamps
f. 8. p. 98
On forging, &c. flamps provided for by the act of 23d April 1800
f. 11. p. 100
Act in addition to the act for the punishment of certain crimes againft
the United States, continued in force
p. 128
Penalty on enticing or employing workmen from the public arfenals
1. 2.
or armorics
Penalty on certain miſconduct of ſuch workmen.
S
P. 147
f. 3. p. 148
INDEX..
On having an intereſt in veffels employed in the flave trader
f. 1. p. 167
・f. 2. p. 163
On ſerving on board fuch veffels -
Diftribution of Penalties incurred in the two cafes laft mentioned
f. 7. p. 170
chap. 1. p. 3
f. 8. p. 125
A new diftrict to be erected, to be called the diftrict of Peterſburg
f. 4. p. 162. chap. 96, p. 261
PENNSYLVANIA.
Proceedings in the circuit court for, revived
PENSION.
[
To be allowed to perfons difabled in the naval fervice
PETERSBURG.
-
FOGE, CAPE. See Light-House.
PORTSMOUTH, (N. H.)
}
Kittery and Berwick, annexed to it as a district
POST OFFICE AND POST ROAD.
Privilege of franking allowed to W. H. Harrifon
to Mrs. Waſhington
A
to the fuperintendant of ſtamps
f. 2. p. 95
to the delegate from the North Wef-
chap. 2. p. 4.
to John Adams, late Prefident of the
chap. 8o. p. 263. f. 3. p. 316
f. 1. p. 101. f. 1. p. 313
f. 2. p. 102. f. 2. p. 313
V
PRESIDENT OF THE UNITED STATES.
May remit the prohibition of intercourfe with France
f. 6. p. 20
May inftruct the public armed fhips to top veffels fufpected of car-
rying on illicit intercourſe with the French poffeflions
f. 8. p. 20
May permit certain veffels to enter from and clear to French ports
f. 4. p. 18. & f. 10. p. 21
May direct the removal of the offices to Washington City
f. 1. p. 130
.:
MİN
tern Territory
United States
Difcontinuance of certain poft-roads
Sundry new Poſt-Roads eſtabliſhed
+
Appropriations for the purchafe of furniture for his houfe
f. 2. p. 261
f. 1. p. 4
P. 45
f. 2. p. 130
Authoriſed to accept a ceffion of the Western Referve of Connec-
ticut on certain conditions
Authoriſed to borrow 3,500,cco dollars
To cauſe accounts of expenditures for contingent
reign intercourſe to be annually fettled
P. 133
f. 1. p. 142
expenſes of fo-
f. 2. p. 188
chap. 68. p. 204
chap. 69. p. 205
George Wath-
p. 208-9
p. 211
May provide for the expenfes of Indian vifits
To reduce the army
Acts to be done relative to the death of general
ington
To prefent a medal to capt. Truxton
INDE X.
To employ an agent to enquire relative to copper-mines on Lake
*3
Superior
ར
P. zir
May caufe certain of the public hips to be fold f. 1. p. 280
To retain a certain number of officers of the navy 1. 4. p. 278+
To appoint two commiffioners to afcertain the rights of perfons
claiming rights of pre-emption under J. C. Symmes f. 4. p. 282
Difpofal of the furniture of Prefident Adams
91. p. 303
chap.
PRISONER.
f. 1. p. 7
Prifoners entitled to the limits of goals
f. 2. P. 7
in execution may have an oath of infolvency adminiſtered
to them, &c.
f. 3. P. 9
·
may be removed to facilitate proceedings
penalty on their taking a falfe oath
f. 4. p. 9
though they
f. 5. p. 9
f. 19. p. 243
Y
may have the benefit of the act in certain cafes,
be not in executioa
may be removed in cafe of danger
PROVIDENCE.
The Collector of Providence may remit the duties
in the fhips Refource and Ann and Hope
PRUSSIA.
Treaty with
RECAPTURE, See Salvage.
RECEIVERS OF PUBLIC MONIES. See Land Office.
REFUGEES FROM CANADA AND NOVA SCOTIA
Lands allotted to them
REGISTER. See Land Office.
REGISTERS. See Land.
chap. 76. 257
RHODE ISLAND COLLEGE.
At for the relief of the corporation of
REMOVAL. See Washington City.
REPEAL. See Acts.
RESOURCE, SHIP. See Providence.
RICHMOND.
on teas imported
chap. 97. p. 293
SCAL
P. 318
*32
+
chap. 24. p. 87
1.11
A new district to be erected, to be called the district of Richmond
f, 4. p. 162. chap. 96. p. 29
ROAD. See Post Office and Post Road.
RUPEE. See Duties.
SALARY
SALT.
See Compensation.
"At laying an additional duty on falt," &c. continued in force.
chap. 43. P. 144
SALVAGE:
On recaptured property, claimed by citizens of the
Compenſation to be made for recaptured property,
United States
Salvage on re-captured property claimed by alien friends
Diſtribution of ſalvage
United States
f. 1. p. 38
belonging to the
f. 2. p. 39
f. 3. p. 40
f.
4. P. 41
INDE X.
IN
Repeal of former falvage laws
1. 5: P. 42
SASSAFRAS.
pol a
~
Goods may be tranfported to and from Philadelphia and Baltimore
by the way of Saffafras and Appoquinimink chap. 84. p. 266
SAYBROOK.
Surveyor at Saybrook may examine veffels bound to or from Lyme
f. 3. p. 162
Fal
SEAMEN. See Navy, Government of.
SECRETARY OF STATE. See State, Secretary of
SECRETARY OF THE TREASUSY.
:
SECRETARY OF WAR. See War, Secretary of
SENATE.
Additional compenfation to the officers of the
SLAVE TRADE.
Penalty on citizens having an intereft in veffels
Diftribution of penalties
Act for his relief
SMITH's POINT. See Light House.
SMITH, CAMPBELL.
"
See Treasury, Secre-
tary of.
on perfons ferving on board thereof
Commiffioned veffels authoriſed to ſeize fuch as are
flave trade contrary to law
District and circuit courts to have jurifdiction of offences
chap. 40. p. 138
employed therein.
3
f. 1. p. 167
f. 2 & 3. p. 168
employed in the
f. 4. p. 169
STAMPS.
Superintendant of ftamps to be appointed
His office to be held at the feat of government
His compenfation, and to be allowed to frank letters, &c.
Clerks allowed to him
f. 5. p. 169
£. 7. p. 170
A
chap. 16. p. 44
SNUFF.
"Act laying duties on mills and implements employed in the manu-
facture of fnuff." repealed
chap. 36. p. 129
SPIRITS. See Acts.
Penalty on forging or uttering certain receipts or
tive to Lamps..
Mode of procuring ftamps to the blank vellum, &c.
f. 1. p. 95
£. 2. p. 95
ibid
He fhall give bond
Certain duties of the ſuperviſors relative to ftamps to ceaſe
f. 3. P. 95
f. 4. p. 96
f. 5. p. 96
Mode of legalifing an inftrument not ftamped or improperly itamped
L. 6. p. 96
certificates rela-
f. 8. p. 98
of individuals
Vellum, &c. to be counter-ftamped
Penalty on forging, &c. of ftamps provided for by the
DA
April 1800.
Mode of obtaining a famp to an inftrument umftamped
f. 9. p. 99
f.ro. p. 99
act of 23d
f. 11.p. Joo
1. p. 279
INDE X.
8
:
}
STATE, SECRETARY OF,
To give inftructions for carrying the cenfus act into effect f. 8.
To tranfmit certain laws to. North-Carolina
MEN
STURGEON, ROBERT,
An act to difcharge him from impriſonment
SUGAR REFINED. See Acts..
SUPERINTENDANT OF STAMPS. See Stamps.
Certain duties of furveyors of the revenue in relation to ftamps dif
continued
f. 2. p. 279
**47
-
SUPREME COURT See Judiciary."
SURETY OF THE PEACE. See Judiciary.
SURVEYOR GENERAL.
[
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¿
1
To tranfmit certain plats to the regifters of the land
;
the fecretary of the treasury
quier
To caufe certain lines to be run and marked, sir.
201
May leafe referved lands
To fubdivide certain lands for the refugees from
Scotia ..
7
WA SUPERVISORS OF THE REVENUE.
Certain of their duties with reſpect to ftamps to ceaſe
They shall procure ftamps upon the blank vellum, &c. of individuals
5. p. 96
3.
1. 9. p. 99
1
}
5
JA
4
Duty of the furveyor general and regiſter at Cincinnati
thereto.
public monics
$
I
Parts of the land to be fold in a different manner
* A
›
**
****
-Fees allowed to the receiver and commiffioners...
Mode in which the land fhall be ſurveyed
Application to be made as for a fection of 640 acres, &c.
f. 1 p. 257
His duties with refpect to rights of pre-emption claimed by con-
tractors with J. C..Symmes,
f. 5. 7 &c. p. 284-5
ji SURVEYORS OF THE REVENUE, MAAR
Their duty in certain cafes with refpect to ftamps f: 6 & 7. P. 978
Their powers enlarged
chap. 60. p. 192
Certain of their duties aboliſhed. f. 2. p. 2796 f. 2 & 30 P. 3·18 — 1
To make certain returns to the fuperviſors and infpectors
+
97 /
*
chap. 20 p. 8:
SIMMES 1. C.
In
i
Right of pre-emption given to certain perfons who, have contracted
with him and his affociates.
Podatki dol. I. p. 281
Perfons claiming a right of pre-emption to give notice 1 2. p, 282
Duty ofthe receivers of public monies at Cincinnati, confequence
of fych notice.
f. 3. p. 28z
The receiver of public monies and two commiffioners appointed a
board to afcertain the claims
7
f. 4, p. 282
in relation
f. 5. p. 284
f. 6. p. 284
£ 7+ P=285
..
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1
}
}
","
P₁30
p. 210
ہو
office, and to
... f. 2. p. 175
1.3. P. 175
.f. 15. p. 186
Canada and Nova
...
+4
?
7.
1. 8. p. 286.
Duties and fees of the furveyor general, regifter and receiver of
f. 9. p. 286
f. 10. p. 486
Pr:
P
▸
7
+
D
f. I. p. 310
نی
INDE X.
TAX.
Commiffioners of the direct tax may vary the valuations in fub-df-
vifions of afſeſſment diſtricts
f. 1. p. 5
They may direct the variations to be made out by their clerk, &c.
f. z. p. 6
Provifion for equalifing the valuations of unfeated lands
chap. 53. p. 171
Surveyors of the revenue enabled to correct certain miſtakes in the
lifts of tax
f. 1. p. 192
onerated
In cafe of legal ejectment, the perfon charged with tax may be ex-
L. 3. p. 194
Surveyors of the revenue to make certain returns to the fupervifors
and infpectors
£. 2. p. 310
Repeal of certain powers of the furveyors of the revenue
f. 2. p. 297. fi 2 & 3. p. 310—1
fi 3. P. 311
of the act to enlarge their powers
TAZEWELL, WILLIAM.
chap. 44. P. 144
Act allowing him a credit
TERRITORY. See Indiana Territory-North Western Territory
-Mississippi Territory-Columbia District.-
TREASURY, SECRETARY OF.
,
To regifter land-warrants for a farther time, &c.
To iffue certificates in cafe of a defect of quantity in
ſhips of Land
chap. 8. p. 13
quarter town-
f. 3. p. 34-
held by indi-
£..5··P. 35-
To defignate 50 quarter townfhips to fatisfy warrants
viduals who performed military fervice
To divide the refervations made for that purpofe into lots of one
hundred acres
f. 6. p. 36/
L. 9. P. 37
To give notice of thoſe reſervations
To be a manager of the navy fund for half pay and penſions
f. 10. p. 126
His duty in respect to the light-houfes at New-London and Clark's
Point, to placing buoys at Buzzard's Bay, and to building a
light-houfe at Wigwam Point
chap. 39. p. 136"
May preferibe rules concerning the land offices in the North Wef-
tern Territory
f. 11. p. 185
To report at the commencement of every feffion, on the fubject of
finance
chap. 58. p. 190
refugees from Ca--
chap. 76. p. 257
His duties in relation to the lands allotted to the
-nada and Nova-Scotia
Authoriſed to employ clerks for completing abftracts of valuations
*
chap. 94. p. 28ct
To appoint a perfon to take charge of the Prefident's furniture
'
f. 1. p. 303.
His daties in refpect to the eſtabliſhment of light-houfes on New
Point Comfort, on Smith's Point, and on Faulkner's Iſland, and
to placing buoys in Naraganfet Bay
chap. 95. P. 31!
Che
INDEX.
With Tunis
With Pruffia
TREATY. See Indians.
TRUMAN, ALEXANDER.
Further provision for his daughter
TRUXTON, THOMAS,
A medal to be prefented to him
TUNIS. See Treaty.
UNITED BRETHREN. See Land.
VALUATIONS. See Tax.
A&t for his relief
VESSELS.
VAUGHAN, JOHN.
See Commercial Intercourse with
Slave Trade.
Appropriation for the purchaſe of furniture for the
therein
for the
p. 213
Pr 377
chap. 91. p. 207
p. 211
f. 1. p. 191
f. 2. p. 192
VIRGINIA MILITARY LANDS.
Patents may be iſſued on refolution warrants
In cafe of eviction, warrants may be iffued anew
WARRANT. See Land Warrant-Virgizis Military Lands.
WAR, SECRETARY OF.
To be a manager of the fund for Navy penſions and half pay
chap. 7. P. 13
Navy
France
WASHINGTON CITY.
The Prefident may direct the removal of the offices thereto
f. 10. p. 126
WIGWAM POINT. See Light-House.
WRITS. See Judiciary.
YARD, JAMES.
A& for his relief
f. 1. p. 130
Prefident's houfe
f. 2. p. 130
Capitol
for making foot ways therein
for the purchaſe of books for the
END OF FIFTH- VOLUME.
grefs therein
WASHINGTON, GENERAL GEORGE.
Refolutions relative to his death
f. 3. p. 130
f. 4. p. 15*
uſe of Con
f. 5. p. 132
P. 208-9
WASHINGTON, MARTHA.
Letters, &c. to and from her to be conveyed free of postage
WESTERN RESERVE OF CONNECTICUT.
The Prefident authorifed to accept a ceffion of it, on certain con-
·ditions
chap. 38. p. 133
WESTERN TERRITORY. See North-Western, Indiana, Mis-
sissippi Territories.
chap. IS. p. 45
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chap. 11. p. 23
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