fi. =J H ' --.. * K E L A W S OF T II UNITED STATES O F A. IN THREE VOLUMES. VOL. I. PUBLISHED BT AUTHORITY PHILADELPHIA: PRINTED BT RICHARD FOL K' No- 33> WULEERRY-STREET 1796, 3 V.4 X THE CONSTITUTION O F T H United States of America. CONSTITUTION OF THE UNITED STATES WE, The People of the United States, in or.der to form a more perfect Union, eitabh'fh juf- tice, infure domeftic Tranquility, provide for the com. mpn Defence, promote the general Welfare, and fecure the Blemngs of Liberty to ourfelves and our Poflerity, DO ORDAIN AND ESTABLISH this CONSTITUTION for the. UNITED STATES of AMERICA. ARTICLE I. Scft. i . ALL legiflative powers herein granted, fliall be vefted. in a Congrefs of the United States,, which fliall confifl of a Senate and Houfe of Reprefen- tatives. Sect. 2. The Senile of Reprefentatives fliall be compofed of members chofen every fecond year by the people of the feveral dates ; and the electors in each flate ihall have the qualifications requifite for electors of the mod numerous branch of the flate legiilature. No perfon mail be a Reprefentative who ihall noC have attained to the age of twenty-five years, and been feven years a citizen of the United States, and who ihall not, when elected, be an inhabitant of that flate in which he fliall be chofen. Reprefentatives and direct taxes fliall be apportion- C 6 ] ed among the feveral ftates which may be included within this Union, according to their refpeclive num- bers, which fhall be determined by adding to the whole number of free perfons, including thofe bound to fer- vice for a term of years, and excluding Indians net taxed, three-fifths of all other perfons. The aclual enumeration fhall be made within three years after the firft meeting of the Congrefs of the United States, and within every fubfequent term often years, in fuch man- ner as they mall by law direct. The number of Repre- fentatives fhall not exceed one for every thirty thoufand, but each ftate fhall have at leafl one Reprefentative ; and until fuch enumeration fhall be made, the ftate of New-Hampfhire fhall be entitled to chufe three ; Maf. fachufetts, eight; Rhode-Inland and Provid-erree Planta- tions, one ; Connecticut, five; New- York, jfix; New- Jcrfey, four; Pennfylvania, eight; Delaware, one; Ma- ryland, iix ; Virginia, ten ; North-Carolina, five j South- Carolina, five ; and Georgia, three. When vacancies happen in the rcprefentation froKi any ftate, the executive authority thereof fhall iffue writs of election to fill fuch vacancies. The Houfe of Representatives ihall chufe their Spea- ker and other officers 5 and fhall have the fole power of impeachment. &#, 3. The Senate of theUnlted States fhall be com- pofed of tv/o Senators from each ftate, chofen by the legiflatnre thereof, for fix years; and each Senator fhall have one vote. Ininiedkteiy after thty feaii be affembled, m confe- queiice of trie firft election, they (hall be divided a^ equally as may be into three claffes. I'he feats of the Se- nators of the firft cLifs ihall be vacated at the expira- tion of the fecond year, of the fecond clafs at the exp'- Tation of the fourth year, and of the third clafs lit tii-e ex- pirntion ofthc fathyear 3 fo that one-third may be chofeu every fecond year ; and if vacancies happen by reil^na- tion ? or otherwife, during the recefs of the legiila-ture of my Hate, the executive thereof may make t C 7 3 appoint metres until the next meeting of the legiflature, which fhall then fill inch vacancies. No pcrfon fhall be a Senator who fhali not have at- tatfted to the age of thirty years, and been nine years a crtizren of the United States, and who fhall not when cleSred, be an inhabitant of that fta:e for which he ihall fre chofen. The Vice-President of the United States (hall be Prefi- dent of the Senate, but fhall have no Tote., uniefs they be equally divided. The Senate (hail chufe their other officers, and alfo * Prefident Pro Tenipwe, in the abfence of the Vice-Pre- fident, or -when he fhali exercife the office of Prefident of the United States. The Senate fhall have the fole power to try all impeach- ments. When fitting for that purpofe, they fhall be on oath or affirmation. When the Prefident of the United States is tried, the Chief Juftice fhall prefide : and no perfon fhall be convicted without the concurrence of two- thirds of the members prefent. Judgment in cafes of impeachment fhall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, truft or profit under the United States ; but the party convifted fball neverthelefs be liable and fubjed: to indidment, trial, judgment and puniihment according to law. Seft. 4. The times, places and manner of holding eleftions for Senators and Reprefentatives, fhall be pre* fcribed in each ftate by the legislature thereof: But th Congrefs may at any time by law make or alter fuch regulations, except as to the places of chufing Senators* The Congrefs fhall aflfemble at lead once in every year, and fuch meeting mall be on the firft Monday in DC* cembcr, uniefs they fhall by law appoint a different day. &v*?. 5. Each Houfc fhall be the judge of the elec- tions, returns and qualifications of its own members, and a majority of each fhall conflitute a quorum to do bu fmefs ; but a fmaller number may adjourn from day to day, and may be authorized tp compel the attendance C 8 ] of abfent members, in fuch manner, and under fuch pe* ttalties, as each Houfe may provide. Each Houfe may determine the rules of its proceed- ings, punifh its members for diforderly behaviour, and, v/ith the concurrence of two-thirds, expel a member. Each Houfe mail keep a journal of its proceedings, and from time to time publifh the fame, excepting fuch parts as may, in their judgment, require fecrecy ; and the yeas and nays of the members of either Houfe on any queftion, mail, at the defire of one- fifth of thofe prefent, be entered on the journal. Neither Houfe, during the fern" on of Cpngrefs, mall, without theconfent of the other, adjourn for more than three days, nor to any other place than that in which the two lioufes mall be fitting. Sefl. 6. The Senators and .Reprefentatives fiiall re- ceive a compenfation for their fervices, to be afcertained by law, and paid out of the treafury of the United States* They mall in all cafes, except treafon, felony and breach of the peace, be privileged from arreft during their at- tendance at the ieilion of their refpeclive Houfes, and m going to or returning from the fame; and for any fpeech or debate in either Houfe, they mail not be quef- tioned in any other place. No Senator or Reprefentative mail, during the time for which he was eledled, be appointed to any civil of- fice under the authority of the United States, which mall have been created, or the emoluments whereof mall have been encrcafed during fuch time ; and no perfon hold- ing any office under the United States, mall be a mem- ber of either Koufe during Ms continuance in office. Sefl. 7. All bills for raiting revenue fiiall originate in the Houfe of Reprefentatives ; but the Senate may propofe or concur with amendments as on other bills. Every bill which mail have palled the Houfe of Re- prefentativ.es and the Senate, mail, before it become a lav/, be preferred to the Prefident cf the United States : If he approve he mall fign it ; but if not he mall return k, with his obje&icns, to that Houfe in v/Iuch i; (hall [ 9 ] have originated, who fhall enter the objections at large on their journal, and proceed to reconfider it. If after fuch reconfideration, two-thirds of that Houfe fhall agree to pafs the bill, it fhall be fent, together with the objec- tions, to the other Houfe, by which it fhall likewife be reconfidered, and if approved by two-thirds of that Houfe, it fhall become a law. But in all fuch cafes, the votes of both Houfes fhall be determined by yeas and nays ; and the names of the perfons voting for and a^amil the bill, fhall be entered on the journal of each Houfe refpeftively. If any bill fhall not be returned by the Prefident within ten days (Sundays excepted) after it fhall have been prefented to him, the fairte fhall be a law, in like manner as if he had figned it, unlefs the Congrefs by their adjournment prevent its return, in which cafe it fhall not be a law. Every order, refolution or vote to which the con- currence of the Senate and Houfe of Reprefentatives may be neceflary (except on a queftion of adjournment) fhall be prefented to the Prefident of the United States ; and before the fame fhall take efFecl:, fhall be approved by him, or being difapproved by him, (hall be repaffed by two-thirds of the Senate and Houfe of Reprefenta- tives, according to the rules and limitations prefcribed in the cafe of a bill. Seft. 8. The Congrefs fhall have power To lay and collect taxes, dudes, impofls and excifes, to pay the debts and provide for the common defence and general welfare of the United States ; but all du- ties, impofls and excifes, fhall be uniform throughout the United States : To borrow money on the credit of the United States : To regulate commerce with foreign nations, and among the feveral flates, and with the Indian tribes : To eftablifh an uniform rule of naturalization, and uniform laws on the fubjeft of bankruptcies through- out the United States ; VOL. I. B [10 ] To coin money, regulate the value thereof, and of foreign coin, and fix the ftandard of weights and mea- fures : To provide for the punifhment of counterfeiting the fecurities and current coin of the United States : To eftablifh pofl -offices and poft-roads : To promote the progrefs of fcience and ufeful arts, by fecuring, for limited times, to authors and inventors, the exclufive right to their refpedive writings and dif- coveries : To conftitute tribunals inferior to the fupreme court : To define and punifh piracies and felonies commit- ted on the high feas, and offences againil the law of na- tions : To declare war, grant letters of marque and reprifal, and make rules concerning captures on land and water : To raife and fupport armies ; but no appropriation of money to that ufe mail be for a longer term than two years : To provide and maintain a navy : To make rules for the government and rugulation of the land and naval forces : To provide for calling forth the militia to execute the laws of the Union, fupprefs infurreclions and repel invafions : To provide for organizing, arming, and difciplining the militia, and for governing fuch part of them as may be employed in the fervice of the United States, referving to the ftates refpeftively, the appointment of the officers, and the authority of training the militia according to the difcipline prescribed by Congrefs : To exercife exclufive leigflation in all cafes whatfo- ever, over fuch diftrift (not exceeding ten miles fquare) as may by ceflion of particular ftates, and the accep- tance of Congrefs, become the feat of the government of the United States, and to exercife like authority over all places purchafedbythe confent of thelegiflature of the ftate in which the fame fhall be, for the erection of E " ] forts, magazines, arfenals, dock-yards, and other need- ful buildings : And To make all laws which mall be necefiary and pro- per for carrying into execution the foregoing powers, and all other powers veiled by this Conftitution in the government of the United States, or in any department or officer thereof. Seel. 9. The migration or importation of fuch per- fons as any of the ftates now exifting fhall think pro- per to admit, mail not be prohibited by the Congrefs prior to the year one thoufand eight hundred and eight ; but a tax or duty may be impofed on fuch importation, not exceeding ten dollars for each perfon. The privilege of the writ of habeas corpus fhall not be fufpended, unlefs when in cafes of rebellion or inva- fion the public fafety may require it. No bill of attainder or ex pqft fado law mall be patted. No capitation, or other direct tax fhall be laid, un- lefs in proportion to the cenfus or enumeration herein before directed to be taken. No tax or duty mail be laid on articles exported from any flate. No preference fhall be given by any regula- tion of commerce or revenue to the ports of one ftate over thofe of another : Nor fhall veflels bound to, or from, one flate be obliged to enter, clear, or pay duties in another. No money fhall be drawn from the treafury, but in confequence of appropriations made by law ; and a re- gular flatement and account of the receipts and expen- ditures of all public money fhall be publifhed from time to time. No title of nobility fhall be granted by the United States : and no perfon holding any office of profit or trufl under them, fhall, without the confent of the Con- grefs, accept of any prefent, emolument, office, or title of any kind whatever, from any king, prince or foreign ftate. 10. No flate fhall enter into any treaty, alliance C '* ] or confederation ; grant letters of marque and reprifal ; coin money ; emit bills of credit ; make any thing but gold and filver coin a tender in payment of debts ; pa'.s any bill of attainder, ex pqft fado law, or law impairing the obligation of contracts, or grant any title of nobility. No flate mall, without the confent of the Congrels, lay any impofls or duties on imports or exports, except what may be abfolutely necefiary for executing its in- fpection laws ; and the net produce of all duties and impofls, laid by any flate on imports or exports, mall be for the ufe of the treafury of the United States ; and all fuch laws mail be fubjecl to the revifion and con- troul of the Congrefs. No flate mail, without the confent of Congrefs, lay any duty of tonnage, keep troops, ur fhips of war in time of peace, enter into any agreement or compact with another flate, or with a foreign pow- er, or engage ki war, unlefs actually invaded, or in. fuch imminent danger as will not admit of delay. ARTICLE II. Bed. i. The executive power mail be vefled in a Prefident of the United States of America. He mail hold his office during the term of four years, and, toge- ther with the Vice-Prefident, chofen for the fame term, be elected as follows : Each flate mall appoint, in fuch manner as the legif- lature thereof may direct, a number of electors, equal to the whole number of Senators and Reprefentatives to which the flate may be entitled in the Congrefs ; but no Senator or Reprefentative, or perfon holding an office of trufl or profit under the United States, mail be appointed an elector. The electors mall meet in their refpective flates, and vote by ballot for two perfons, of whom one at leafl Jhall not be an inhabitant of the fame flate with them* felves. And they mail make a lift of all the perfons voted for, and of the number of votes for each ; which lift they mall fign and certify, and tranfmit, fealed, to C 13 ] the feat of the government of the United States, dire&- ed to the Prefident of the Senate. ThePrefident of the Senate fhall, in the prefence of the Senate and Houfc of Reprefentatives, open all the certificates, and th votes fhall then be counted. The perfon having the greateft number of votes fhall be the Prefident, if fuch number be a majority of the whole number of electors appointed ; and if there be more than one who have fuch majority, and have an equal number of votes, then the Houfe of Reprefentatives (hall immediately chufe by ballot one of them for Prefident ; and if no perfon have a majority, then from the five highcft on the lift the faid Houfe fhall in like manner chufe the Prefident. But in chufing the Prefident, the votes fhall be taken by flates, the reprefentation from each flate having one vote ; a quorum for this purpofe fhall confift of a member or members from two-thirds of the itates, and a majority of all the ftates mail be nccefTary to a choice. In every cafe, after the choice of the Prefident, the perfon hav- ing the greatefl number of votes of the electors fhall be the Vice-Prefident. But if there mould remain two or more who have equal votes, the Senate mall chufe from them by ballot the Vice-Prefident. The Congrefs may determine the time of chufing the electors, and the day on which they fhall give their votes ; which day fhall be the fame throughout the United States. No perion except a natural born citizen, or a citizen of the United States, at the tii-ne of the adoption of this Conftitution, fhall be eligible to the office of Prefident ; neither fhall any perfon be eligible to that office who fhall not have attained to the age of thirty-five years, and been fourteen years a refident within the United States. In cafe of the removal of the Prefident from office, or of his death, refignation, or inability to difcharge the powers and duties of the faid office, the fame mail de* volve on the Vice-Prefideat ; and the Congreis may by 14 law provide for the cafe of removal, death, resignation, or inability, both of the Prefrdent and Vice-Prefident, declaring what officer (hall then aft as Prefident ; and fuch officer fhall aft accordingly, until the difability be removed, or a Prefident (hall be elected. The Prefident fhall, at dated times, receive for his fer- vices, a compenfation, which fhail neither be increafed nor diminiihed during the period for which he fhall have been elected ; and he mall not receive within that pe- riod any other emolument from the United States, or any of them. Before he enter on the execution of his office, he fhall take the following oath or affirmation : " I do folemnly fwear (or affirm) that I will faithfully execute the office of Prefident of the United States ; and will, to the bed of my ability, preferve, proteft and defend the Conftitution of the United States." Sect. 2. The Prefident mall be commander in chief of the army and navy of the United Statefe, and of the mili- tia of the feveral Hates, when called into the actual fer- vice of the United States ; he may require the opinion, in writing, of the principal officer in each of the execu- tive departments, upon any fubjeft relating to the duties of their refpeftive offices, and he fhall have power to grant reprieves and pardons for offences againft the United States, except in cafes of impeachment. He fhall have power, by and with the advice and con- fent of the Senate, to make treaties, provided two-thirds of the Senators prefent concur; and he fhall nominate, and by and with the advice and confent of the Senate, fhall appoint ambaffadors, other public miniflers and confuls, judges of the fupreme court, and all other of- ficers -of the United States, whofe appointments are not herein otherwife provided for, and which fhall be eflab- iifhed by law. But the Congrefs may by law veil the appointment of fuch inferior officers, as they think pro- per, in the Prefident alone, in the courts of law, or in the heads of departments. [ '5 ] The Prefident {hall have power to fill up all vacancies that may happen during the receis of the Senate, by granting commiffions which fhall expire at the end of their next feflion. Seft. 3. He fhall from time to time give to the Con- grefs imformation of the ftate. of the Union, and re- commend to their confi deration fuch meafures as he fhall judge neceflary and expedient : He may, on extra- ordinary occafions, convene both Houfes, or either of them ; and in cafe of difagreement between them, with refpect to the time of adjournment, he may adjourn them to fuch time as he fhall think proper : He ihall re- ceive ambafiadors and other public minifters : He fhall take care that the laws be faithfully executed, and mall commiffion all the officers of the United States. Sefl. 4. The Prefident, Vice-Prefident, and all civil officers of the United States, fhall be removed from of- fice on impeachment for, and conviction of, treafon, bribery, or other high crimes and mifdemcanors. ARTICLE III. Scfl. i. The judicial power of the United States, fhall be vefled in one fupreme court, and in fuch in- ferior courts as the Congrefs may from time to time or- dain and eftablifh. The judges, both of the fupreme and inferior court, fhall hold their offices during good behaviour ; and mall, at ftated times, receive for their fervices, a compenfation, which fhall not be diminifhed during their continuance in office. Seft. 2. The judicial power mall extend to all cafes, in law and equity, arifing under this Conftitution, the laws of the United States, and treaties made, or which fhall be made, under their authority ; to all cafes affect- ing ambaffadors, other public minifters, and confuls ; to all cafes of admiralty and maritime jurifdiction ; to controverfies to which the United States fhal-l be party ; to controverfies between two or more flates, C '6 ] between a ftate and citizens of another ftate, between citizens of different ftates, between citizens of the fame ftate, claiming lands under grants of different ftates, and between a ftate, or the citizens thereof, and foreign fates, citizens, or fubjects. In all cafes, affecting ambafladors, other public minifters, and confuls, and thofe in which a ftate mall be party, the fupreme court mail have original jurif- diction. In all the other cafes before mentioned, the fupreme court mail have appellate jurisdiction, both as to law and fact, with fuch exceptions, and under fuch regulations, as the Congrefs mail make. The trial of all crimes, except in cafes of impeach- ment, mail be by jury : and fuch trial fhall be held in the ftate where the faid crimes mail have been commit- ted ; but when not committed within any ftate, the trial mail be at fuch place or places, as the Congrefs may by law have directed. Seel. 3. Treafon againft the United States, mail con- fift only in levying war againft them, or in adhering to their enemies, giving them aid and comfort. No perfon fhall be convicted or treafon unlefs on the teftimony of two witneffes to the fame overt act, or on confeffion in open court. The Congrefs fhall have power to declare the punifh- ment of treafon : but no attainder of treafon fhall work corruption of blood, or forfeiture, except during the life of f. days after the pafling of this aft, by any one ^ninered" member of the Senate, to the Prefident of the totheprefi- Senate, and by him to all the members and to bcnk^dfc- the Secretary ; and by the Speaker of the He-life cretary of of Reprefentatives, to all the members who f^^bc have not taken a fimilar oath, by virtue of a and clerk of particular refolution of the faid Houfe, and to J the Clerk : And in cafe of the ab fence of any tiv. member from the fervice ef either Houfe, at the time prefcribed for taking the faid oath or affirmation, the fame (hall be adminiftered to fuch member, when he fhall appear to take his feat. Sec. 2, And be it further matted ^ Tha*tfhe firft fefiion of Congrefs after every general elec- tion of Repreientati v es, the, oath or affirmation VOL. L 9 t 26 ] To m wno nave k een heretofore chofen feveral or appointed, or who fhall be chofen or ap- pointed before the firftday of Augufi next, and who fhall then be in office, mail, within one month thereafter, take the fame oath or affir- mation, except where they mall have taken it before; which may be adminifteted by any per- fon authorifed by the law of the ftate, in which -luch office fhall be holden, to adminifler oaths. and when. ^ n( j t j le mem bers of the feveral ftate legifla- tures, and all executive and judicial officers of the feveral ftates, who mall be chofen or ap- pointed after the faid firft day of Auguft, fhall, before they proceed to execute the duties of their refpeclive offices, take the foregoing oath or affirmation, which fhall be adininiftered by the perfon or perfons, who by the law of the ftate fhall be authorifed to adminifter the oath of office ; and the perfon or perfons fo adminif- " tering the Oath hereby required to be taken, r 27 j friall caufe a record or certificate thereof to be made, in the fame manner, as by the law of the ftate, he or they, mall be directed to record or certify the oath of office. Sec. 4. And be it farther enacted. That all ^ aU offi- officers appointed, or hereafter to be appointed cers of the under the authority of the United States, mall, before they aft in their refpeftive offices, take the fame oath or affirmation, which mail be ad- miniftered by the perfon or perfons who (hall be authorifed by law to adminifter to fuch offi- cers their refpeclive oaths of office ; and fuch officers fhall incur the fame penalties in cafe of failure, as mail be impofed by law in cafe of failure in taking their refpeclive oaths of office. Seel. 5. And be it further enacted. That the Secretary of the Senate, and the Clerk of the TT / > m r r i i * tonatc Houfe of Reprefentatives for the time being, clerk ot the fhall, at the time of taking the oath or affirma- houi< - * r r i i i e ,r reprtfenta- tion aforefaid, each take an oath or aifirraation in the v/ords following, to wit ; " I, A. B. Se- cretary of the Senate, or Clerk of the Houfe of Reprefentatives (as the cafe may be) of the United States of America, do folemnly fwear or affirm, that I will truly and faithfully difcharge the duties of my faid office, to the beft of my knowledge and abilities, FREDERICK AUGUSTUS MUHLENBERG, Speaker of the Houfe of Rcprcfentat'wes. JOHN ADAMS, Vice-Prcfldent of the United States and Prcfidcnt of the Senate, Approved, June i, 1789: GEORGE WASHINGTON,, Prejidcnt of the United States* C 2* ] CHAPTER II. An Aft for laying a Duty on Goods, Wares, attit Merchandizes imported into the United States. (REPEALED.} CHAPTER III. An Aft impcfmg Duties on Tonnage. (REPEALED.} CHAPTER IV. An Aft for ejiablijhing an Executive Department? to be denominated the Department of Foreign Affairs. (REPEALED*) CHAPTER V. An Aft to regulate the Collection of the Duties impofed by Law on the Tonnage of Ships or Veffels, and on Goads , Wares^ and Merchan* dizes imported into the United States, (REPEALED.} CHAPTER VL An Aft for fettling the Accounts between tit United States and individual States. Se&ion i. 1TJE it enabled by the Senate and JL) Houfe of Reprefentatives of the United States of America in Congrefs ajfemblsd^ That the Prefident of the United States be, and he hereby is empowered to nominate, and by ct c and with the advice and confent of the Senate, J^ to appoint fuch perfon or perfons as he may plied. think proper for fupplying any vacancy that now is, or may hereafter take place in the Board of Commiilioners ^ eftablimed by an or- dinance of the late Congrefs, of the feventh of May, one thoufand feven hundred and eigh- ty-feven, to carry into effect the faid ordinance and refolutions of Congrefs, for the fettlement of accounts between the United States and ill- dividual dates. Sec. 2. And be it further enafted, That the c faid Board of Commiflicners be, and they te hereby are empowered to appoint a chief clerk, and fuch other clerks as the duties of their of- fice may require ; and that the pay of the faid chief clerk be fix hundred dollars per annum, ^ r faV and of each ether clerk four hundred dollars per annum. FREDERICK AUGUSTUS MUHLENBERG, Speaker of the Houfe of Reprefentatives. JOHN ADAMS, Vice-Prefident of the United States, and Prefident of the Senate. APPROVED, Auguft the 5th, 1789 : GEORGE WASHINGTON, Prefident of the United State*. [ 30 1 CHAPTER VII. An Aft to eftablijh an Executive Department y fa be denominated the Department of War. Seftion i. ~OjE it enafted by the Senate and JL^ Houfe of Reprefentativcs of Sec'ry for jfog United States of America in Congrefs qffem- ment of" 1 " bled^ That there Jhall be an executive depart- var, his merit, to be denominated the Department of War ; and that there (hall be a principal offi- cer therein,, to be called the Secretary for the Department of War, who (hall perform and execute fuch duties as mall from time to time be enjoined on, or entrufled to him by the Prefident of the United States, agreeably to the constitution, relative to military commif- iions, or to the land or naval forces, mips, or warlike flores of the United States, or to fuch other matters refpedting military or naval af- fairs, as the Prefident of the United States (hall affign to the faid department, or relative to the granting of lands to perfons entitled thereto, for military fer vices rendered to the United States, or relative to Indian affairs : And fur- thermore, that the faid principal officer ihall conduct the bufmefs of the faid department in fuch manner, as the Prefident of the United States Ihall from time to time order or inftrucl. Sec. 2. And be it further enacled, That Principal . n iV * -i r i i r clerk, his there mail be in tne laid department, an mie- d ' !t > r * rior officer, to be appointed by the faid prin- cipal officer, to be employed therein as he (hall deem proper, and to be called the chief clerk in the department of war, and who, whenever the faid principal officer fhall be removed from office by the Prefident of the United States, or in any other cafe of vacancy, fhall during fuch vacancy, have the charge and cuftody of all C 3' 3 Records, bboks and papers, appertaining to the faid department. Sec. 3. And be It further enaftcd, That the faid principal officer, and every other perfon c a e th of c to be appointed or employed in the faid de- partment, mail, before he enters on the exe- cution of his office or employment, take an oath or affirmation well and faithfully to exe- cute the truft committed to him. Sec. 4. And be it further enacted. That the sec'ry to Secretary for the Department of War, to be ap- ^ ke a c ^ s rgc pointed in confequence of this act y lhall forth- &^ ofTaV with after his appointment, be entitled to have department the cuftody and charge of all records, books and papers in the office of Secretary for the Department of War, heretofore eftablifhed by the United States in Congrefs affembled. FREDERICK AUGUSTUS MUHLENBERG, Speaker of the Hmfe ofReprefentat'rves. JOHN ADAMS, Viee-Prefident of the United States, and Prefidcnt of the Senate. APPROVED, Auguft 7th, 1789: GEORGE WASHINGTON, Prefident of the United States. Recital, Governor to make communi- cation to the Prefi- dent of the United States. , Officers, how to be appointed. Comtnif- fiocc'd and removed. C v 3 CHAPTER VIII. An Ad to provide for the Government of the Territory North-Weft of the River Ohio. WHEREAS in order that the ordinance of the United States in Congrefs af. fembled, for the government of the territory north-weft of the river Ohio may continue to have full effect, it is requifite that certain pro- vifions mould be made, fo as to adapt the fame to the prefent conftitution of the United States: Se&ion i. Be it enacted by the Senate and Houfe of Reprefentatives of the United States of America in Congrefs affembled, That in all ca- fes in which by the faid ordinance, any infor- mation is to be given, or communication made by the Governor of the faid territory to the United States in Congrefs affembled, or to any of their officers, it mall be the duty of the faid Governor to give fuch information and to make fuch communication to the Prefident of the United States ; and the Prefident fhall nominate, and by and with the advice and confent of the Senate, mall appoint all officers which by the faid ordinance were to have been appointed by the United States in Congrefs affembled., and all officers fo appointed, fhall be commiflipned by him : and in all cafes where the United States in Congrefs afTembled, might, by the laid ordinance, revoke any corn- million or remove from any office, the Prefi- dent is hereby declared to have the fame pow- ers of revocation and removal. Sec. 2. And be it farther enabled, That in cafe of the death, removal, refignation, or ne- ceiTary abfence of the Governor of the faid ter- ritory, the Secretary thereof fliali be, and he C 33 3 is hereby authorifed and required to execute Tn r< s * all the powers, and perform all the duties of movri,S the Governor, during the vacancy occafioned fecretar y to by the ^removal, resignation or neceffary ab- p^rf" fence of the laid Governor.' governor during fuK FREDERICK AUGUSTUS MUHLENBERG, Speaker of the Houfe of Reprefentatives. JOHN ADAMS, Vice-P reftdent of the United Sfafesy and Prefident of the Senate* APPROVED, Auguft the ;th, 1789: GEORGE WASHINGTON, Prefident of the United States. CHAPTER IX. An Aft for the Eftabltfhment and Support of Light-Houfes , Beacons, Buoys 9 and public Piers. Seftion I'TJE // enacted by the Senate and fj Houfe of Reprefentatives of the United States cf America in Congrefe ajftmbled^ ^ fttr That all expences which fhall accrue from and u |i T ' after the fifteenth day of Auguft, one thoufand f< a y ed aut feven hundred and eighty-nine, in the neceffary ^ u fupport, maintenance and repairs of all light- houfes, beacons, buoys and public piers, erec- ted, placed, or funk before the pairing of this act, at the entrance of, or within any bay, in- let, harbour, or port of the United States, for rendering the navigation thereof eafy and fafe, VOL, I, E C 34 1 ihall be defrayed out of the treafury of the provided a United States : Provided ne-verthelefsj That mfde^ith- none of the laid expences fhall continue to be iaoneyear. fo defrayed by the United States, after the ex- piration of one year from the day aforefaid, unlefs fuch light-houfes, beacons, buoys and public piers, iliall in the mean time be ceded to, and vefted in the United States, by the flate or flates refpedively in which the fame may be, together with the lands and tenements thereunto belonging, and together with the jurif diction of the fame. Light houfe 5 ec> 2< dad fo it further enatted.. That a ted near 60 " tfght-houfe fhall be erecled near the entrance er Tf nc c c a kl f t ^ le Chefapeake-Bay, at fuch place, when Bay.* 1 ceded to the United States in manner aforefaid, as the Prefident of the United States fhall di- red.- Sefl. 3. And be it further enabled, That it be the duty of the Secretary of the Trea. contractor f ur y to provide by contracts, which fhall be epSg, approved by the Prefident of the United States, \c. when for building a light-houfe near the entrance ary ' of Chefapeake-Bay, and for rebuilding when neceflary, and keeping in good repair, the light-houfes, beacons, buoys, and public piers in the feveral Hates, and for furnifhing the fame, with all nee diary fupph'es \ and alfo to agree for the falaries, wages, or hire of the perfon or perfons appointed by the Prefident, for the fu- perintendance and care of the fame. Sefl. 4. And be it further ena&ed^ That all pilots to be pilots in the bays, inlets, rivers, harbours and regulated * PITT-IO ri n - ports or the United States, mail continue to be Iau r of regulated in conformity with the exitting laws llv.- rcfpec- p , n r . ' . . r , ., tivs aatcj. or the Itates refpeaively wherein men pilots may be, or with fuch laws as the flates may [ 35 ]' refpettively hereafter enaft for the purpofe, un- til further legiflative proviiion ihall be made by Congrefs. FREDERICK UGUSTUS MUHLENBERG, Speaker of the Houfe of Reprefentatives. JOHN ADAMS, Vice-Present of the United States, and Prejldent of the Senate. APPROVED, Augufl the yth, 1789 ; GEORGE WASHINGTON, Prefident of the United States. CHAPTER X. An Aft providing for the Expences which may attend Negotiations or Treaties with the Indian Tribes, and the Appointment of CommiJJion- ers for managing the fame. (EXPIRED.} CHAPTER XL An Act for regiftering and clearing VeJ/els, re- gulating the Coajling Trade , and for other Purpofes. (REPEALED.} C 3* ] CHAPTER XII. An Aft to c/lablifh tls Treafury Department. Section i. TQE & cnafled by the Senate and JO Houfe of Reprcfentatives of the Depart- United States of America in Congrcfs affcmbled a ?a!ed defl2 " That there ^ ali be a department of Treafiiry, in which mall be thefollowing officers, namely 5 a Secretary of the Treafiiry, to be deemed head of the department ; a Comptroller, an Audi- officers tor > a Treafurer, a Regifter, and an Affiflant therein,, to the Secretary of theT reaiury, which Afiiflant fhall be appointed by the faid Secretary. Sec. 2. "And be it further encfted, That it t^fecret- flia11 be ^ he dut Y of the Secretary of the Trca- ry. fury to digefl and prepare plans for the improve- ment and management of the revenue, and for the fupport of public credit ; to prepare and report eftimates of the public revenue, and the public expenditures ; to fuperintend the collec- tion of the revenue ; to decide on the forms of keeping and Hating accounts and making re- turns, and to grant under the limitations here- in eftablifhed, or to be hereafter provided, all warrants fcr monies to be ifiued from the Trca- fury, in purfuance of appropriations by law ; to execute fuch fervices relative to the fale of the lauds belonging to the United States, as may be by law required of him : to make re- pert, and give information to either branch of the Legiilature, in perfbn or in writing (?,s he may be required,) refpecling all matters refer- red to him by the Senate or Houfe of Repre- fentatives, or which fhaii appertain to his office ; and generally to perform all fuch fervices re- lative to the finances, as he fhall be directed to perform. C 37 ] Sec. 3. And be if furtier matted, That it jhall be the duty of the Comptroller to fuper^ intend the adjuftment and prefervation of the public accounts ; to examine all accounts fettled by the Auditor, and certify the balances arifmg thereon to the Regifter ; to counterfoil all warrants drawn by the Secretary of the Trea- fury, which {hall be warranted by law ; to re- port to the Secretary the official form papers to be ifiued in the different offk collecting the public revenue, and ihs nianr and form of keeping and flaring the accounts il the feveral perfons employed therein : He fl moreover provide for the regular and punctual payment of all monies which maybe collecled, and mail direcl profecutions for all delinquen- cies of officers of the revenue, and fov dfcl 's . that are, or fhall be due to the United States. Sec. 4. And be It furtfar ensued, Thut it of the (hall be the duty of the T rafurer to receive tn and keep the monies of the United States, and o dUburfe the fame up 0:1 warrants drawn by the Secretary of the Treaftrry, ud by the Comptroller, recorded by :he Ile^iftcr, and not otherwise ; he fhall talie receipts for all monies paid by him, and nil receipts for monies received by him, fell be endorsed up- on warrants figned by the Sscre* a jury, without which warrant io ii^necK no ac- knowledgment for money received into rl public treafury fhall be valid. And the faid Trenfurer fhall render his accounts to the C'^:np- troller quarterly (or oftcner if reqr -.^.d fhall tranfmit a copy thereof, v 'led, to the Secretary of the treafury. lie ^-all ?)vreo- vcr, on the third dav c- 6ifi of Cou- grefs, lay before the Senate and Hov. c of Ile- prefentatives, fair and ^ccuralc colics of all C 38 ] Duties o.f accounts by him from time to time rendered the treafu- ^ an ^ fettled with the Comptroller as afore- faid, as alfo, a true and perfect account of the (late of the treafury. He mail at all times fub- mit to the Secretary of the Treafury, and the Comptroller, or either of them, the infpection of the monies in his hands ; and mall, prior to the entering upon the dudes of his office, give bond, with fufficient fureties, to be approv- ed by the Secretary of the Treafury and Comp- troller, in the fum of one hundred and fifty thoufand dollars, payable to the United States, with condition for the faithful performance of the duties of his office, and for the fidelity of the perfons to be by him employed, which bond mall be lodged in the office of the Comp- troller of the Treafury of the United States, oftheau- Sec. 5. And be it further enabled ^ That it ditor. jj^H be the duty of the Auditor to receive all public accounts, and after examination to cer- tify the balance, and tranfmit the accounts with the vouchers and certificate to the Comp- troller for his decifion thereon : Provided^ That if any perfon whofe account mall be fo audited, be dilfatisried therewith, he may with- in fix months appeal to the Comptroller againfl fuch fettlement. of the re* Sec. 6. And be it further cnafted. That it lpfter ' fliall be the duty of the Regifler to keep all ac- counts of the receipts and expenditures of the public money, and of all debts due to or from the United States ; to receive from the Comp- troller the accounts which mail have been fi- nally adjufted, and to preferve fuch accounts with their vouchers and certificates : to record all warrants for the receipt or payment of mo- nies at the treafury, certify the fame thereon^ [ 39 ] and to tranfmit to the Secretary of the Trea- fury, copies of the certificates of balances of ac- counts adjufted as is herein directed. Sec. 7. And be it further enacted, That ?ecretery whenever the Secretary mall be removed from :<.;iuv <.d',ur office by the Prefident of the United States, or J^;^ in any other cafe of vacancy in the office of tan; to have Secretary, the afliftant mall, during the vacan- JJ^S^ cy, have the charge and cuftody of the re- cords, books, and papers appertaining to the faid office. Sec. 8. And be it further enabled, That no Pcrfongap _ perfon appointed to any office inftituted by pointed to this aft, fhall direftly or indirectly be concern- J^^gf" ed or interefted in carrying on the bufmefs of trade or commerce, or be owner in whole or in part of any fea veflel, or purchafe by him- prohibition felf, or another in truft for him, public lands u?oa * or any other public property, or be concerned in the purchafe or difpofal of any public fecu- rities of any ftate, or of the United States, or take or apply to his own ufe, any emolument or gain for negociating or tranfafting any bu- fmeis in the faid department, other than what ty mall be allowed by law; and if any perfon l) ' r(ath fnall offend agamfl any of the prohibitions of l this acl, he fhall be deemed guilty of a high mifdemeanor, and forfeit to the United States the penalty of three thoufand dollars, and (hall upon conviction be removed from office, and forever thereafter incapable of holding any of- fice under the United States : Provided, That if any other perfon than a public profecutor frail give information of any fuch offence, up- on which a profecution and conviction mail be had, one half the aforefaid penalty of three r 40 i thoufand dollars, when recovered, mall be for the uie of the peribn giving iuch information. FREDFPxlCK AUGUSTUS MUHLENPERG, Speaker of the H-oufe of Rcprefsnt allies. JOHN ADAMS, Vice-P refident of the United States, and P refident of the Senate. APPROVED, September the sd, 1789: GEORGE WASHINGTON, P refident of the United States. Annual lams ci b l ifl lbie ai CHAPTER XIII. An Ad for efmbii/hing the Salaries cftheExeeu* five Officers of Government, with their AJ/ij~- tants and Clerks. Seclion i. "O E it enafiedby the Senate and - -O Houfe rf Reprefentatives of the - United States of America in Congrefs qffembfedj That there fiial1 be allowed to the Officers here- ; after mentioned, the following annual falaries, payable quarterly at the treafury of the United States: To the Secretary of the Treafury, three thoufand five hundred dollars : To the Secre- tary in the department of ftate, three thoufand five hundred dollars : To the Secretary in the department of war, three thoufand dollars : To the Comptroller of the treafury, two thoufand dollars : To the Auditor, fifteen hundred dol- lars : To the Treafurer, two thoufand dollars : To the Regifler, twelve hundred and fifty dol- lars: To the Governor of the weftern territory, for his falary as fuch, and for difcharging the duties of fuperintendant of Indian affairs in the northern department, two thoufand dollars : To the three judges of the v/eftern territory, eacli t 4i 1 eight hundred dollars: TotheafliftantoftheSe* cretaryof the Treafury, fifteen hundred dollars! To the chief clerk in the department of (late, eight hundred dollars : To the chief clerk in the department of war, fix hundred dollars s To the Secretary of the weftern territory, feven hundred and fifty dollars : To the principal clerk of the Comptroller, eight hundred dollars : To the principal clerk of the Auditor, fix hun- dred dollars: To the principal clerk of the Trea- furer, fix hundred dollars. Sec. 2. And be it further enatted^ That the Heads of heads of the three departments firft above men- J*j" to tioned, mail appoint fuch clerks therein refpec- appoint tively as they mail find neceflary ; and the fala- ckl ry of the faid clerks refpeclively mail not exceed t h c ; r the rate of five hundred dollars per annum. rics FREDERICK AUGUSTUS MUHLENBERG, Speaker ofths Houfe of Rcprefentatives. JOHN ADAMS, Vice-Prefident of the United States, and Prefident of the Senate. Approved, September the i ith, 1789: GEORGE WASHINGTON, Prefident of the United States. CHAPTER XIV. An Aft to provide for the Safe-keeping of the Aft s<> Records, and Seal of the United States, and for other Purpofes-. Seftion i. TVE // enacted by 'the Senate and JO H nfe of Reprefentatives of the United States of America in Congrefs qffembled, That the Executive Department, denominated VOL. L F [ 42 ] - the Department of Foreign Affairs, mall here- reign affairs after be denominated the Department of State* and the P rm cipal officer therein fhall hereafter of be called the Secretary of State. Sec. 2. And be it further ena 'fled, That when* ever a bill, order, refolution or vote of the Se- Additionai na t e and Houfe of Reprefentatives, having been d the approved and figned by the Prefident of the tary of United States, or not having been returned by him with his objections, mail become a law, or take effeft, it fhall forthwith thereafter be re- ceived by the faid Secretary from the Prefident: and whene\^er a bill, order, refolution or vote, fhall be returned by the Prefident with his ob- jections, and fhall, on being reconfidered, be agreed to be patted, and be approved by two- thirds of both Houfes of Congrefs, and thereby become a law or take effecl:, it mall, in fuch cafe, be received by the faid Secretary from the Prefident of the Senate, or the Speaker of the Houfe of Reprefentatives, in whichfoever Houfe it fhall lafl have been fo approved ; and the faid Secretary fhall, as foon as conveniently may be, after he fhall receive the fame, caufe every fucli law, order, refolution, and vote, to be publi/h- ed in at leaft three of the public newfpapers printed within the United States, and fhall alfo caufe one printed copy to be delivered to each Senator and Reprefentativeof the United States, and two printed copies duly authenticated to be fent to the executive authority of each ftate ; and he fhall carefully preferve the originals, and fhall caufe the fame to be recorded in books to be provided for the purpofe. Sec. 3. And be it further enabled. That the Seal of the feal heretofore ufed by the United States in Congrefs afiembled, fhall be and hereby is de- clared to be the feal of the United States. C 43 ] Sec. 4. And be it further enabled, That the laid Secretary (hall keep the faid leal, and mall fix the f c *i make out and record, and fhall affix the faid ^ feal to all civil commiffions, to officers of the lions. United States, to be appointed by the Prefident by and with the advice and confent of the Se- nate, or by the Prefident alone. Provided, That the faid feal fhall not be affixed to any coiri- miflion, before the fame fhall have been figned by the Prefident of the United States, nor to any other inftrument or act, without the fpeci- al warrant of the Prefident therefor. Sec. 5. And be it further cnafted, That tlie faid Secretary fhall caufe a feal of office to be made for the faid department, of fuch device as the Prefident of the United States (hall approve, and aH copies of records and papers in the faid office, authenticated under the faid feal, fhall be evidence equally as the original record or paper. Sec. 6. And be it further enafted, That there " s< ^ b f ; fhall be paid to the Secretary, for the ufe of the pa idforthe United States, the following fees of office, by ^.^ the the perfons requiring the fervices to be per- states, formed, except when they are performed for any officer of the United States, in a matter relating to the duties of his office, to wit : For making out and authenticating copies of records, ten cents for each meet, containing one hun- dred words ; for authenticating a copy of a re- cord or paper under the feal of office, twenty- five cents. Sec. 7. And be it further cnaBed^ That the secretary to faid Secretary fhall forthwith after his appoint- ^^ r l ment,be entitled to havethe cuftody and charge &c. of late of the faid feal of the 'United States, and alfo Con2ref of all books, records and papers, remaining in the office of the late Secretary of the United [ 44 1 States in Congrefs affembled ; and fuch of the laid books, records and papers, as may apper- tain to the trealury department, or war depart- ment, fhali be delivered over to the principal officers in the faid departments refpectively, as the Prefident of the United States mall direft. FREDERICK AUGUSTUS MUHLENBERG' Speaker of the Houfe. of Rcprefcntatives. JOHN ADAMS, Vice-Prefident of the United States, and Preftdent of the Senate. Approved, September the i5th, 1789 : GEORGE WASHINGTON, Prefident of the United States. C II AFTER XV. An Aft tofufpend Part of an Aft, entitled, "An Aft to regulate the Collection of the Duties im- fofed by Law on the Tonnage of Ships or Vef- fels, and on Goods, Wares, and Merchandizes^ imported into the United States +' and for other Purpofes. (EXPIRED.) CHAPTER XVI. An Aft for the temporary Eftablijhmcni to,com- thoufand dollars, with the ufe of the furniture S; and how and other efefts 5 now in his po^ffion, belong- ing to the United States ; and to the Vice-Pre- fident, at the rate of five thoufand dollars per annum, in full compenfation for their refpec- tive fervices, to commence with the time of their entering on the dudes of their offices ref- [47 3 pe&ively, and to continue fo long as they (hall remain in office, and to be paid quarterly out of the treafury of the United States. FREDERICK AUGUSTUS MUHLENBERG, Speaker of the Houfe of Reprefentc.tt i c s JOHN ADAMS, Vice-Prefident of the United Siates, and Preftdent of the Senate-. Approved, September the 24th, 1789 : GEORGE WASHINGTON, Prrfidtnt of the United States. CHAPTER XX. An Att to eftablifo the Judicial Courts of the United States. Seftion i. T> E it enacled by the Senate and JL) Houfe of Reprefentatives of the United States of America in Congrefs ajfembled^ That the fupreme court of the United States jufHce, five fliall confift of a chief juftice and five afibciate al juflices, any four of whom fhall be a quorum, and (hall hold annually at the feat of govern- ment two feflions, the one commencing the firft Monday of February, and the other the firfl iy. Monday of Auguft. That the aflbciate juilices fhall have precedence according to the date of their commiffions, or when the commiiRons of two or more of them bear date on the fame day, according to their refpedive ages. Sec~l. 1. And be it further enacted, That the Thirteen United States (hall be, and they hereby are di- diaruis. vided into thirteen diftricls, to be limited and called as follows, to wit ; one to coniiit of that part of the ftate of Maflachuietts which lies eaiterly of the ftate of New-Hainpfhire, and to t 48 ] be called Main Diflricl ; or>e to confifi of the (late of New-Hampfhire, and to be called New- Hampfhire Diflricl ; one to confifi of the re- maining part of the ftate of MafTachufetts, and to be called Mafiachufetts Diflricl ; one to confifi of the ftate of Connecticut, and to be called Connecticut Diflricl ; one to confifi of the flate of New-York, and to be called New- York Diflricl ; ^ one to confifi of the ftate of New-Jerfey, and to be called New-Jerfey Dif- tricl ; one to confifi of the flate of Pennfylva- Thcir dhi- nia, and to be called Pennfylvania Diflricl:; one to confifi of the flate of Delaware, and to be called Delaware Diflricl ; one to confifi of the flate of Maryland, and to be called Mary- land Diflricl ; one to confifi of the flate of Virginia, except that part called the Diflricl of Kentucky, and to be called Virginia Diflricl ; one to confifi of the remaining part of the flate of Virginia, and to be called Kentucky Diflricl; one to confifi of the flate of South-Carolina, and to be called the South-Carolina Diflricl ; and one to confifi of the ftate of Georgia, and to be called Georgia Diflricl. Sec. 3. And be it further enaBed^ That there be a court called a Diflricl Court, in each of A diftri beginning at the firft ; in the diftricl: of New-York, at New- York ; in the diftricl of New-Jerfey, alternately at New-Brunfwick and Burlington, beginning at the firft ; in the dif~ tricl of Pennfylvania, at Philadelphia and York- Town alternately, beginning at the firft ; in the diftricl of Delaware, alternately at Newcaftle and Dover, beginning at the firft ; in the dif- tricl of Maryland, alternately at Baltimore and Eafton, beginning at the firft ; in the diftricl: of Virginia, alternately at Richmond and Wil- liamfourgh, beginning at the firft ; in the dif- tricl: of Kentucky, at Harrodfburgh ; in the diftricl of South- Carolina, at Charlefton ; and in the diftricl: of Georgia, alternately at Savan- hah and Augufta, beginning at the firft ; and that the fpecial courts mail be held at the fame VOL. I. G [ 5o 3 place in each diilricc as the ftated courts, or itf diflricts that have two, at either of them, in the difcretion of the judge, or at fuch other place in the diflrict, as the nature of the bufmefs and his difcretion (hall direct. And that in the dif- tricts that have but one place for holding the where re- diflrict court, the records thereof (hall be kept cords kept. a t that pkce ; and in diflricts that have two, at that place in each diflrict which the judge fhall appoint. Three cir- Sec. 4. And be it further enafted, That the cmts,&how f r ... ,. n . M i f r-Ti/r divided, before-mentioned diftncrs, except thoie or Mam and Kentucky, fhall be dividedinto three circuits, and be called the eaflern, the middle and the fouthern circuit. That the eaflern circuit fhall confifl of the diflricts of New-Hampfhire, Maf- fachufetts, Connecticut and New-York ; that the middle circuit fhall confifl of the diflricts of New- Jerfey,Pennfylvania 5 Delaware, Maryland and Virginia ; and that the fouthern circuit fhall confifl of the diflricts of South-Carolina and Georgia, and that there fhall be held an- nually in each diflricl of faid circuits, two courts which fnall be called circuit courts, and fliall con- fifl of any two juflices of the fupreme court, and the diflrid judge of fuch diflricls, any two of whom fhall conflitute a quorum : ProTided^ That no diftrict judge fhall give a vote in any cafe of appeal or error from his own decifion ; but may affign the reafons of fuch his decifion* Sec. 5. And be it further enacted \ That thp c/the cir" foft fefTion of the faid circuit court in the feve- cuit courts, ral diflricts mail commence at the times follow- ing, to wit; in New-Jerfey on the fecond, in New- York on the fourth, in Pennfylvania on the eleventh, in Connecticut on the twenty-fe- cond, and in Delaware on the twenty-feventh days of April next*; in MafTachufetts on tlic C 5' 1 third, in Maryland on the feventh, in South- Rrfl fclTlOT Carolina on the twelfth, in Nevv-Hampfhire on of -the dr- the twentieth, in Virginia on the twenty-fecond, cuit courts - and in Georgia on the twenty-eighth days of May next, and the fubfequent feflions in the refpective diftricts on the like days of every fixth calendar month afterwards, except in South- Carolina, where the feflion of the faid court ;fhall commence on the firft, and in Georgia whereat fhall commence on thefeventeenth day of October, and except when any of thofe days fhall happen on a Sunday, and then the feflion fhall commence on the next day following. And the feiiions of the faid circuit court fhall be held in thediftrict of New-Hampfhire, at Portfmouth and Exeter alternately, beginning at the firft ; in the diftrict of Mailachufetts, at Bofton ; in the diftrid of Connecticut, alternately at Hart- ford and New-Haven, beginning at the laft ; in> the diftrict of New- York, alternately at New- York and Albany, beginning at the firft ; in the diftrict of New- Jerfey , at Trenton ; in the diftricl of Pennfylvania, alternately at Philadel- phia and York-Town, beginning at the firft ; in the diftricl of Delaware, alternately at New- caftle and Dover, beginning at the firft ; in the diftrict of Maryland, alternately at Annapolis and Eafton, beginning at the firft ; in the dif- tricl of Virginia, alternately at Charlottefville and Williamfburgh, beginning at the firft ; in the diftricl: of South-Carolina, alternately at Columbia and Charlefton, beginning at the firft ; and in the diftricl: of Georgia, alternately at Sa- vannah and Augufta, beginning at the firfh And the circuit courts fhall have power to hold fpecial feflions for the trial of criminal caufes at any other time at their difcretion, or at the dif- s P ecJa i fefr cretion of the fupreme court, C 5* ] juflices, circuit courts ad' jbur^ed, ceurts ad journed. Supreme Sec. 6. And be it further enacted^ That the journed a by fupreme court may, by any one or more of its one or more mfticcs being prefent, be 'adjourned from day ;A:^C M i to day until a quorum be convened ; and that a circuit court may alfo be adjourned from day to day by any one of its judges, or if none are prefent, by the marfhal of the diflricl: until a quorum be convened ; and that a diftridt court in cafe of the inability of the judge to attend at the commencement of a feffion, may by virtue of a written order from the faid judge directed to the marfhal of the diftrift, be adjourned by the faid marfhal to fuch day, antecedent to the next ftated feffion of the faid court, as in the faid order mail be appointed, and in cafe of the death of the laid judge, and his vacancy not be- ing fupplied, all procefs, pleadings and proceed- ings of what nature foever, pending before the faid court, mall be continued of courfe until the next dated feffion after the appointment and acceptance of the office by his fucceflbr. Sec. 7. And be it enafted^ That the fupreme; court, and the diftricl courts mall have power to appoint clerks for their refpeclive courts, and that the clerk for each diflrift court {hall be clerk alfo of the circuit court in fuch Jiflrift, and each of the faid clerks mail, before he en- ters upon the execution of his office, take the Their oath Blowing path or affirmation, to wit; cc I, A. B. " being appointed clerk of do folemnly " fwear or affirm, that I will truly and faithfully " enter and record all the orders, decrees, judg-_ *' ments and proceedings of the faid court, and " that I will faithfully and impartially difcharge " and perform all the duties of my faid ofBce, " according to the belt of my abilities and un- cc derftandihg. So help me God." Which wards, fo help me God, fhall be omitted in aH" The courts Jiavc power to appoint clerks. or atfirma- C 53 ] cafes where an affirmation is admitted inftead of tin oiith. And thefaid clerks fhall alfo feverally give bond with fufficient fureties, (to be approv- ed of by the fupreme and diftricls courts ref- pe&ively) to the United States, in the fum of two thoufand dollars, faithfully to difcharge the duties of his office, and feafonably to record the decrees, judgments and determinations of the court of which he is clerk. Sec. 8. And be it further enaftcd, That the juftices of the fupreme court, and the diitrict judges, before they proceed to execute the du- jf their refpeftive offices, mall take the fol- lowing oath or affirmation, to wit ; " I, A. B. ,nh of do folemnly fwear or affirm, that I will adminif- ' }] ot: tc" j i> dice without refpecl to perfons, and do co , irt equal ri^Iit LO the poor and to the rich, and that J', 1 ' 1 T ^ , r ,, L , . . * the I will faithrully and impartially difcharge and co . :rt . perform all the duties incumbent on me as , according to the bed of my abilities and undemanding, agreeably to the conilitu- ticn and la\y& of the IJmted States. So help me God." Sec. 9. And be It fun her enafled. That the dilirifl: courts (hall have, exclufively of the ^7, ' courts of the feveral dates, cognizance of all crimes and offences that {hall be cognizable nldicbcm - under the authority of the United States, com- mitted within their refpe6live diftricis, or upon the high feas ; where no other piinifhment than whipping, not exceeding thirty flripes, a fine not exceeding one hundred dollars, or a term r . . r ,. ~ , Onn-!n;ii ot imprilonment not exceeding fix months, is C og:u to be inflicted; and (hall alfo have exclufive maritime . . , . - it M r r i CHi'U- t\ i,i original cognizance of all civil caufes of aami- f t j ?urc , sn . ralty and maritime jurifdidion, includino; all and any bail that may have been originally taken {hall be difcharged, and the faid copies being entered as aforeiaid, in fuch court of the United States, the caufe {hall there proceed in the fame manner as if it had been brought there by original procefs. And any attach" ment of the goods or eftate of the defendant mcnt C 57 3 by the original procefs, fhall hold the goods f 11 r i /- i i or eitate fo attached, to aniwer the final judg- goods hoid- ment in the fame manner as by the laws of P^ d l j al fuch ftate they would have been holden to an- jl Twer final judgment, had it been rendered by the court in which the fuit commened. And if Title of land in any action commenced in a ftate court, the where va- title of land be concerned, and the parties are citizens of the fame ftate, and the matter in difpute exceeds the film or value of five hun- dred dollars, exclufive of cofts, the furn or va- lue being made to appear to the fatisfaction of the court, either party, before the trial, mall ftate to the court and make affidavit if they re- quire it, that he claims and fhall rely upon a right or title to the land, under a grant from a ftate, other than that in which the fuit is pend- ing, and produce the original grant or an ex- emplification of it, except where the lofs of public records fhall put it out of his power, and fhall move that the aclverfe party inform the court, whether he claims a right or title to the land under a grant from the ftate in which the fuit is pending; the faid adverfe fhall give fuch information, or other wife not to be allowed to plead fuch grant, or give it in evidence up- on the trial, and if he informs that he does claim under fuch grant, the party claiming under the grant firft mentioned, may then, on motion, remove the caufe for trial to the next circuit court to be holden in fuch diftrict, or if in the diftriaof Main, to the court next to be holden therein ; or if in Kentucky diftricl, to tucky, the diilricL court next to be holden therein ; ^^e but if he is the defendant, mall do it under the movable K2 regulations a;-; in the beforementioned cafe of the removal of a caufe into fuch court by an i-.iicn : And neither party removing the . r. IT C 58 ] caufe, mall be allowed to plead or give evidence ^ an 7 otner ^^ e tnan that by him ftated as aforelaid, as the ground of his claim. And the trial of iflues in fact in the circuit courts mail, in all fuits, except thofe of equity, and of ad- miralty, and maritime jurifdiction, be by jury. supreme Sec. 13. And be it further enafted^ That * ju- tne fupreme court fhall have exclulive jurifdic* tion of all cojitroverfies of a civil nature, where a (late is a party, except between a ftate and its citizens ; and except alfo between a (late and citizens of other Hates, or aliens, in which latter cafe it fhall have original but not exclu- v, n ft f lve jurifdi&ion. And fhall have exclufively all public mi- fuch jurifdiction of fuits or proceedings againft ambafladors or other public minifters, or their domeftics, or domeflic fervants, as a court of law can have or exercife confiftently with the law of nations ; and original, but notexclufive jurifdiclion of all fuits brought by ambaffadors or other public minifters, or in which a conful, or vice-conful, fhall be a party. And the trial of iffues in fad: in the fupreme court, in all actions at law againft citizens of the United States, fhall be by jury. The fupreme court fhall u . alfo have appellate jurifdidion from the circuit courts an( j CO urts of the feveral ftates, in the cafes herein after fpecially provided for : And fhall have power to iffue writs of prohibition to the diftrid courts, when proceeding as courts of admiralty and maritime jurisdiction, and writs of mandamus., in cafes warranted by the principle and ufages of law, to any courts ap- pointed, or perfons holding office, under the authority of the United States. Sec. 14. And be it further cnacled^ That all the beforementioned courts of the United States, (hall have power to iilue writs of f&re factor^ C 59 3 habeas corpus, and all other writs not fpecially provided for by flatute, which may be necefla- theu.statei rv for the exercife of their refpective jurifdic- j. 1] . ue y vrits / , , , IIP * cire facias. tions,and agreeable to the principles and uiages & c . of law. And that either of the juflices of the fupreme court, as well as judges of the diftrict courts, fhall have power to grant writs of babe- J ud & esfamc r i r r i_ Pwer. as corpus tor the purpole or an enquiry into the caufe of commitment. Provided, That writs of habeas corf us, fhall in no cafe extend to prifon- ers in gaol, unlefs where they are in cuftody, under or by colour of the authority of the Uni- ted States, or are committed for trial before fome court of the fame, or are neceflaryto be brought into court to teflify. Sec. 15. And be it further enafted, That all Partl thefaid courts of the United States, fhall have power in the trial of actions at law, on motion writings. and due notice thereof being given^to require the parties to produce books or writings in their pofleffion or power, which contain evidence pertinent to the iifue, in cafes and under cir- cumftances where they might be compelled to produce the fame by the ordinary rules of pro- ceeding in chancery ; and if a plaintiff mail fail to comply with fuch order, to produce books or writings, it fhall be lawful for the courts refpeclively, on motion, to give the like judgment for the defendant as in cafes of non- fuit; and if a defendant fhall fail to comply with fuch order, to produce books or writings, it fhall be lawful for the courts refpeftively on motion as aforefaid, to give judgment againft him or her by default. Sec. 1 6. And be it further enacJcd, That i'uits in equity fhall " not be fuflained in either of the courts of the United States, in any cafe ted. C 6 3 "where plain, adequate and complete remedy may be had at law* Sec. 17, And be it further enafted, That all Courts of t h e faid courts of the United States {hall have thcU, aes ^ . t r , grant power to grant new trials, in caies where there trial*, jj as ]^ een a trial by jury for reafons for which new trials have ufually been granted in the courts of law ; and {hall have power to ira- pofe and adminifter all necefTary oaths or af- firmations, and to puniih by fine or imprifon- ment, at the difcretion of laid courts, all con- tempts of authority in any caufe or hearing before the fame ; and to make and eitablim all neceflary rules for the orderly conducting bu- {inefs in the faid courts, provided fuch rules are not repugnant to the laws of the United States, Sec, 1 8. And be it further enafied^ That when in a circuit court, judgment upon a ver- * diet in a civil action {hall be entered, execu- tion may on motion of either party, at the difcretion of the court, and on fuch condi- tions for the fecurity of the adverfe party as they may judge proper, be flayed forty-two days, from the time of entering judgment, to give time to file in the clerk's office of faid court, a petition for a new trial. And if fuch peti- tion be there filed \vithin faid term of forty-two days, with a certificate thereon from either of the judges of fuch court, that he allows the fame to be filed, which certificate he may make or refufe at his difcretion, execution ihall of CQiirfe be further ftayed to the next feffion of faid court. And if a new trial be granted, the former judgment ihall be thereby rendered void, Se6t, 19, And be it further enacted ^ That it fnall be the duty of circuit courts, in caufes in. C 61 ] equity and of admiralty and maritime jurifdic. tion, to caufe the fads on which they found cord. their fentence or decree, fully to appear up- on the record either from the pleadings and decree itfelf, or a ftate of the cafe agreed by the parties, or their council, or if they difa- gree, by a dating of the cafe by the court. Sec. 20. And be it further enabled r , That ^^ ^ where in a circuit court, a plaintiff in an action, a 'io\vcd un- originally brought there, or a petitioner in equity, other than the United States, recovers lefs than the fum or value of five hundred dollars, or a libellant, upon his own appeal, Hs than the fum or value of three hundred rs, he mall not be allowed, but at the dif- cretion of the court, may be adjudged to pay cofts. Sec. 21, And be it further cnacled^ That Appeals f r i i j/t rt. r where roat from final decrees in a diftnct court in caules tcr in air of admiralty and maritime jurifdiction, where pte ex- / ,. i i r T cceds 300 the-matter in diipute exceeds the fum or value dollar? . of three hundred dollars, exclufive of cods, an appeal (hall be allowed to the next circuit court, to be held in fuch diftrict. Provided ne- vcrthelcfs^ That all fuch appeals from final de- crees as aforefaid, from the diflricl court of Main, mail be made to the circuit court, next to be holden after each appeal in the diftricl: of MaiTachufetts. Sec. 22. And be it further enabled, That fi- Final dc- nal decrees and judgments in civil actions in a ^SeTS? diftricl court, where the matter in difpute ex- hove so ceeds the fum or value of fifty dollars, exclu- five of cofts, may be re-examined, and reverfed or affirmed in a circuit court, holden in the fame diftricl, upon a writ of error, whereto fhall be annexed and returned therewith at t 62 ] the day and place therein mentioned, an au- thenticated tranfcript of the record, and af- iignment of errors, and prayer for reverfal, with a citation to the adverfe party, figned by the judge of Rich diftricl: court, or a juftice of the fupreme court, the adverfe party having and fuits in at lead twenty days notice. And upon a like equity ex- procefs, may final judgments and decrees in hteof 2000 c i v ^ actions, and fuits in equity in a circuit dollars. court, brought there by original procefs, or removed there from courts of the feveral Hates, or removed there by appeal from a diftrid court where the matter in difpute exceeds the fum or value of two thoufand dollars, exclu- five of cofls, be re-examined and reverfed or affirmed in the fupreme court, the citation be- ing in fuch cafe figned by a judge of fach cir- cuit court, or juftice of the fupreme court, and the adverfe party having at leaft thirty days notice. But there fhall be no reverfal in ei- ther court on fuch writ of error for error in ruling any plea in abatement, other than a plea to the jurifdiction of the court, or fuch plea to a petition or bill in equity, as is in the nature wts of of a demurrer, or for any error in fadl. And error Hmi- writs of error mall not be brought but within five years after rendering or palling the judg- ment or decree complained of, or in cafe the perfbn entitled to fuch writ of error be an in- fant, feme covert non compos mentis ^ or imprifon- ed, then within five years as aforefaid, exclu- five of the time of fuch difability. And every Plaintiff to . . . , r . . ; / give fecuri- juftice or judge fignmg a citation on any writ ty- of error as aforefaid, mall take good and fuffi- cient fecurity, that the plaintiff in error mall profecute his writ to effect, and anfwer all da- mages and cods if he fail to make his plea good. [ 63 J Sec. 23. And be it further en aclc d, That a writs of er- writ of error as aforefaid mall be a fuperiedeas r '^* a g 11 and flay execution in cafes only where the writ of error is ferved, by a copy thereof being lodg- ed for the adverfe party in the clerk's office where the record remains, within ten days, Sun- days exclufive, after rendering the judgment or pafling the decree complained of. Until the ex- piration of which term of ten days, executions fhall not iflue in any cafe where a writ of er- ror may be a fuperfedeas ; and whereupon fuch writ of error the fupreme or a circuit court fhall affirm a judgment or decree, they fhall adjudge or decree to the refpondent in error juft damages for his delay, and fmgle or dou- ble coils at their difcretion. Sec. 24. And be it further enacted, That when a judgment or decree fhall be reverfed in a circuit court, fuch court fhall proceed to render fuch judgment or pafs fuch decree as the diflrict court mould have rendered or paff- ed ; and the fupreme court fhall do the fame on reverfals therein, except where the rever- fal is in favour of the plaintiff, or petitioner in the original fuit, and the damages to be aflefled, or matter to be decreed, are uncertain, in which cafe they fhall remand the caufe for a final de- cifion. And the fupreme court fhall not ilfue Sujremc execution in caufes that are removed before couVnot them by writs of error, but fhall fend a fpecial J?^ cxecu " mandate to the circuit court to award execu- tion thereupon- Sec. 25. And be It further enacted, That a fi- where ta- nal judgment or decree in any fuit, in the high- eft court of law or equity of a ftate in which a deciiion in the fuit could be had, where is v/ii in queflion the validity of a treaty or mined. .. . ute of, or an authority exercifed under the C 64 ] United States, and the decifion is againft their validity; or where is drawn in queftion the validity of a flatute of, or an authority ex- ercifed under any flate, on the ground of their being repugnant to the conftitution, trea- ties or laws of the United States, and the deci- fion is in favour of fuch their validity, or where is drawn in queftion the conitruclion of any claufe of the Conftitution, or of a treaty, or flatute of, or commiilion held under the United States, and the decifion is againft the title, right, privilege or exemption fpecially fet up or claim- ed by either party , under fuch claufe of the faid conftitution, treaty, flatute or commifficn, may be re-examined and reverfed or affirmed in the fupreme court of the United States upon a writ of error, the citation being ilgned by the chief juflice, or judge or chancellor of the court ren- dering or palling the judgment or decree com- plained of, or by a juftice of the fupreme court of the United States, in the fame manner and under the fame regulations, and the writ mall have the fame efxecl, as if the judgment or de- cree complained of had been rendered or paff- ed in a circuit court, and the proceeding upon Proceedings tne revcrfal mail alfo be the lame, except that on rcvcriai, the fupreme court, inflcad of remanding the caufe for a final decifion as before provided, may at their difcretion, if the caufe mail have been once remanded before, proceed to a final decifion of the fame, and award execution* But R0 other error fl ' a11 be affigned cr regard- - ed as a ground of revcrfal in any fuch cafe as- aforefaid, than fuch as appears on the face of the record, and immediately refpe&s the bc- foremendoned qudlione of validity or conflruc- .tion of the laid ccnftituticii, treaties, flat.utes, commifficns, cr authorities in dispute. C 6 5 1 Sec. 26. And be it further enatted, That in Tn cak<( of all caufes brought before either of the courts forfeiture of the United States t recover the forfeiture ;^ v c ^ s annexed to any articles of agreement, covenant, judgment bond or other fpcciality, where the forfeiture, m cqulty * breach or non-performance mail appear, by the default or confefiion of the defendant, or upon demurrer, the court before whom the action is, (hall render judgment therein for the plaintiff to recover fo much as is due accord- ine to equity. And when the fum for which s "" 1 a . ffcfl r* ' i i ed b y j ury judgment mould be rendered is uncertain, the fame (hall, if either of the parties requeft it, be aflefTed by a jury. Sec. 27. And be it fur tier cnaclcd^ That a Marfhal marihal (hall be appointed in and for each dif- a PP intcd - trict for the term of four years, but (hall be re- moveablc from office at pleafure, whofe duty it (hall be to attend the diftricl and circuit courts when fitting therein, and alfo the fu- preme court in the diftricl in which that court mail fit. And to execute throughout the dif- tricl:, all lawful precepts directed to him, and ifiued under the authority of the United States, and he mail have power to command all ne- cefiary afiiftance in the execution of his duty, and to appoint as there (hall be occafion, one or more deputies, who (hall be removeable from office by the judge of the diftrict court, or the circuit court fitting within the diilrict, at the pleafure of either, and before he enters on the dutiesof hisoffice,he (hail become bound for the faithful performance of the fame, by himfelf and by his deputies before the judge of the diftrict court to the United States, jointly and feverally, with two good and fuificient fureties, inhabitants and freeholders of fuch diftrict, to be approved by the diftrict j VOL. L I C 66 3 in the fum of twenty thoufand dollars, and mall take before faid judge, as mall alfo bis depu- ties, before they enter on the duties of their Hi* oath, appointment, the following oath of office : " I, A. B. do folemnly fwear or affirm, that I will faithfully execute all lawful precepts directed to the marfhal of the diftricl: of under the authority of the United States, and true returns make, and in all things well and truly, and without malice or partiality, perform the duties of the office of marfhal (or marshal's de- puty, as the cafe may be) of the diftricl: of during my continuance in faid office, and take only my lawful fees. So help me God." Marfhal a Sec. 28. And be it further enafted, That in l>arty ' all caules wherein the marfhal or his deputy fhall be a party, the writs and precepts therein mall be directed to fuch difmterefted perfon as the court, or any juftice or judge thereof may appoint, and the perfcn fo appointed, is hereby authorifed to execute and return the fame. And in cafe of the death of any marfhal, his de- puty or deputies fhall continue in office, unlefs otherwife fpecially removed ; and fhall execute the fame in the name of the deceafed, until another marfhal fhall be appointed and fworn : Defaults of ^nd the defaults or misfeafances in office of fuch deputies. ... . deputy or deputies in the mean time, as v/ell as before, fhall be adjudged a breach of the condition of the bond given, as before direct- ed, by the marfhal who appointed them ; and tne executor or adminiftrator of the deceafed - marfhal fhall have like remedy for the defaults ceafedmar- and misfeafances in office of fuch deputy or de- puties during fuch interval, as they would be entitled to if the marfhal had continued in life and in. the exercife of his faid office, until his C 67 ] fucceflor was appointed, and fwcrn or affirmed : And every marfhal or his deputy when remov- ed from office, or when the term for which the marfhal is appointed mail expire, fhall have power notwithstanding to execute all fuch precepts as may be in their hands refpectively at the time of fuch removal or expiration of office ; and the marmal fnall be held anfwera- Marshal's ble for the delivery to his fucceflbr of all pri- foners which may be in his cuftody at the time of his removal, or when the term for which he is appointed mall expire, and for that purpofe may retain fuch prifoners in his cuftody until his fucceflbr mall be appointed and qualified as the law directs. Sec. 29. And be it further enabled ^ That in Cafes pu- cafes punifhable with death, the trial (hall be had in the county where theofFence was com- mitted, or where that cannot be done without great inconvenience, twelve petit jurors at lead mall be fummoned from thence. And jurors in all cafeS to ferve in the courts of the United States fhall be defignated by lot or otherwife in each (bite refpectively according to the mode of forming juries therein now practiced, fo far as the laws of the fame fhall render fuch de- fignation practicable by the courts or marmals of the United States ; and the jurors fhall have j uror8 by the fame qualifications as are requifite for ju- it. rors by the laws of the ftate of which they are citizens, to ferve in the highefi courts of law of fuch flate, and mall be returned as there fhall be occafion for them, from fuch parts of the diftrict from time to time as the court fhall direct, fo as mall be moft favourable to an im- partial trial, and fo as not to incur an unnecef- iary expence, or unduly to burthen the citizens f any part of the diftrict with fuch fervices. C 68 ] Writs ve- And writs of venire facias when directed ty mre tacias . ..._' . ... office* Jtjri'cs de tail bus, Mode of proof, the court ihall iifue from the clerk'3 office, and fhall be ferved and returned by the marihal in his proper perfon or by his deputy, or in cafe the marfhal or his deputy is not an indifferent perfon, or is intereited in the event of the caufe, by fuch fit perfon as the court ihall fpecially appoint for that purpofe, to whom they fhall adminifter an oath or affirmation that he will truly and impartially ferve and return fuch writ. And when from challenges or otherwife there ihall not be a jury to determine any civil or criminal caufe, the marihal or his deputy fhall, by order of the court where fuch defect of jurors ihall happen, return jurymen de tali- bus circwnjlantibus fufficient to complete the pannel ; and when the maiihal or his deputy are difqualified as aforefaid, jurors may be re- turned by fuch difmtereited perfon as the court fhall appoint. Sec. 30. And be it further enafted^ That .the mode of proof by oral teitimony and examina- tion of witnefles in open court ihall be the fame in all the courts of the United States, as well in the trial of caufes in equity and of admiral- ty and maritime jurifdiclion, as of actions at common law. And when the teftimony of any perfon ihall be neceifary in any civil caufe de- pending in any diitricl: in any court of the United States, who ihall live at a greater dif- tance from the place of trial than one hundred miles, or is bound on a voyage to fea, or is about to go out of the United States, or out of fuch diitricl:, and to a greater diitance from the place of trial than as aforeiaid, before the time of trial, or is ancient or very infirm, the depofhion of *. fuch perfon may be taken de bcne effe before any juflice or judge of any of the courts of the United States, or before any chancellor, juf- tice or judge of a fupreme or fuperior court, jnayor or chief magiftrate of a city, or judge of a county court or court of common pleas of any of the United States, not being of coun- iel or attorney to either of the parties, or in- terefted in the event of the caufe, provided that a notification from the magiftrate before vhom the depofition is to be taken to the ad- vcrfe party, to be prefent at the taking of the fame, and to put interrogatories, if he think fit, be firil made out and ferved on the adverfe party or his attorney as either may be neareft, if either is within one hundred miles of the place of fuch caption, allowing time for their at- tendance after notified, notlefs than at the rate of one day, Sundays exclusive, for every twenty miles travel. And in caufes of admiralty and .. ri . . , r rr Adrmraky maritime jurifdichon, or other caies of ieizure an j man- when a libel mall be filed, in which an adverfe tilil ^^- party is not named, and depofitions of perfons circumftanced as aforefaid mall be taken before a claim be put in, the like notification as afore- faid mail be given to the perfon having the agency or poiTeflion of the property libelled at the time of the capture or feizure of the fame, if known to the libellant. And every perfon depofmg as aforefaid mall be carefully examin- ed and cautioned, and fworn or affirmed to Agent noti- teftify the whole truth, and mall fubfcribe the teftimony by him or her given after the fame fhall be reduced to writing, which mall be done only by the magiftrate taking the depofition, or by the deponent in his prefence. And the De Q..j ong depofitions fo taken fhall be retained by fuch magiftrate until he deliver the fame with his own hand into the court for which they are taken, or lhall, together -,vith i: certificate of C 7 1 the reafoRs as aforefaid of their being taken^ and of the notice if any given to the adverfc party, be by him the faid magiftrate fealed up and directed to fuch court, and remain under his feal until opened in court. And any per- fon may be compelled to appear and depofe as afcrefaid in the fame manner as to appear and tefliiy in court. And in the trial of any ATT bwccL caiife of admiralty or maritime jurifdiclion in a diftricl court, the decree in which may be appealed from, if either party {hall fuggeil to and fatisfy the court that probably it will not be in hls'pcv/cr to produce the witnefTes there teflify'ng before the circuit court fhould an appeal be had, and fhali move that their tefii- mony be taken down in writing, it fnall be fo done by the clerk of the court. And if an ap- peal be had, fuch tellimony may be ufed on the trial of the fame, if it fhall appear to the fa- tislaction of the court which {hall try the ap- peal, that the witneffes are then dead or gone out of the United States, or to a greater dif- tance than as aforefaid from the place where the court is fitting, or that by reafon of age, llcknefs, bodily infirmity or impriibnment, they are unable to travel and appear at court, EepoHnons but not otherv/iie. And unlefs the fame mall nd? ^ e ma( ^ e to a FP ear on ^ tr ^ f an y caufe, &c.' with refpecl to witnefles whofe depofitions may have been taken therein, fuch depofitions {hall not be admitted or ufed in the caufe. Provi- ded ^ That nothing herein mail be conflrued to prevent any court of tta United States from granting a dedimus poicjlaiem to take depofitions according to common ufasje, when it may be rr" r -i IT , r neceilary to prevent a failure or delay or juf- tice ; which power they mall feverally poflefs, nor to extend to depofitions taken h\ ferpehtam [ 7' II ret tnemoriam) which if they relate to matters that may be cognizable in any court cf the United States, a circuit court on application thereto made, as a court of equity may, accord- ing to the ufages in chancery direcl to betaken. Sec. 3 1 . And be it enafted^ That where any fuit fhall be depending in any court of the Uni- ted States, and cither of the parties mail die before final judgment, the executor or admi- niftrator of fuch deceafed party \vho ' tiff, petitioner, or defendant, in cafe ; of aftipn doth by law furvivc, fhall have full [ power to profecute or defend any fuch iuit or a&ion until final judgment ; and the defendant or defendants are hereby obliged to anfwer thereto ace . ; and the court before whom fuch caufe may be depending, is hereby empowered and directed to hear and deter: nine the fame, and to render judgment for or againft the executor or adminiitrator, as the cafe may require. And if fuch executor or adminiitrator having been duly ferved with 2. fa re facias from the office of the clerk of the court where fuch fuit is depending, twenty days beforehand, mall neglect or refufe to become a party to the fuit, the court may render judgment againft the eftate of the deceafed party, in the fame manner as if the executor or adminiftrator had voluntarily made himfelf a party to the fuit : And the executor or adminiftrator who mall become a party as aforefaid, fhall, upon motion to the court where the fuit is depending, be have c entitled to a continuance of the fame until the v iBU{in next term of the faid court. And if there be Two two or more plaintiffs or defendants, and one tifFa. * or more of them fhall die, if the caufe of ac- tion fhall furvive to the furviving plaintiff or plaintiffs, cr againft the furviving defqndant or C 7* 1 defendants, the writ or action (hall not be therg- plaintiff by abated : but fuch death being fuo;efted up* infiv conti- J , , , . n n on the record, the action mail proceed at the fuit of the furviving plaintifFor plaintiffs againfl the furviving defendant or defendants. Sec. 32. , And be it further enaEled^ That no fummons, writ, declaration, return, prccefs, Writs fhaii judgment, or other proceedings in civil caufes not abate Jo ' r r , _ ^ t2 , ^ rt ,, for ciefedt in any or the courts of tne United States, mall ofiorra. b e abated, arrefted, quafhed or reverfed, for nny defect or want of form, but the faid courts reipeclively (hall proceed and give judgment according as the right of the caufe and matter in law fhall appear unto them, without regard- ing any imperfections, defects, or want of form in fuch writ, declaration or other, pleading, re- turn, procefs, judgment or courfe of proceed- ing whatfoever, except thofe only in cafes of demurrer, which the party demurring mail fpecially fit down and exprefs together with his demurrer as the caufe thereof. And the faid courts refpectively fhall and may, by virtue Courts may of this act, from time to time, amend ail and pTrfeaion~ ever ) r fuch imperfections, defects and wants of form, other than thofe only which the party demurring fhall exprefs as aforefaid, and may at any time permit either of the parties to amend any defect in the procefs or pleadings, upon fuch conditions as the faid courts refpectively mall in their difcretion, and by their rules pre- fcribe. Sec. 33. And be It further enacted ^ That for Criminal* 3- n y crime or offence againft the United States, agamft the the offender may, by any juftice or judge of Peat" ar- the United States, or by any juftice of the retted by peace, or other magiflrate of any of the Uni- oFtilc !CC ted States where he may be found agreeably to the ufual mode of procefs againft offenders in C 73 3 fuch ftate, and at the expence of the United States, be arrefted, and imprifoned or bailed, as the cafe may be, for trial before fuch court of the United States as by this acl has cogni- zance of the offence : And copies of the pro- cefs mail be returned as fpeedily as may be in- to the clerk's office of fuch court, together with the clerk"* the recognizances of the witneffes for their ap- office ' pearance to teftify in the cafe ; which recog- nizances the magiftrate before whom the ex- amination mail be, may require on pain of imprifonment. And if fuch commitment of off ., n ^ r the offender, or the witneffes mall be in a dif- mav- iTe" re- trict other than that in which the offence is to mov r ed 1 T be tried, it (hall be the duty of the judge of w that diftricl: where the delinquent is irnprifon- cd, feafonably to iffue, and of the marmal of the fame diftricl: to execute, a warrant for the removal of the offender, and the witneffes or - either of them, as the cafe may be, to the dif- tricl: in which the trial is to be had. And upon B?.;I admit all arrefts in criminal cafes, bail mail be admit- ted - ted, except where the punimment may be death, in which cafes it mail not be admitted but by the fupreme or a circuit court, or by a juflice of the fupreme court, or a judge of a diftrict court, who mall exercife their difcretion there- in, regarding the nature and circumftances of the offence, and of the evidence, and the ufages of law. And if a perfon committed by a juf- tice of the fupreme or a judge of a diftricl: Bail, ho court for an offence not punifhable with death, '" fhall afterwards procure bail, and there be no judge of the United States, in the diftricl: to take the fame, it may be taken by any judge of the fupreme, or fuperior court of law of fuch ftate. VOL. I. K C 74 3 I.,a\V9 of ftatcs, rules of dccifion. Parties ma- nage their own caufe. Attorney for each diflrift. Atter.ney- Sec. 34. And be it further enafted, That the laws of the feveral ftates, except where the conftitution, treaties or ftatutes of the Uni- ted States fhall otherwife require or provide, fhall be regarded as rules of decifion in trials at common law in the courts of the United States in cafes where they apply. Sec. 35. And be it further emitted. That m all the courts of the United States, the par- ties may plead and manage their own caufes perfonally or by the affiftance of fuch counfel or attornies at law as by the rules of the faid courts refp Actively fhall be permitted to manage and conduct caufes therein. And there fhall be appointed in each diftrict a meet perfon learned in the law to act as attorney for the United States in fuch diftrict, who fhall be fworn or affirmed to the faithful execution of his office, whofe duty it fhall be to profecute in fuch diftrict all delinquents for crimes and offences, cognizable under the authority of the United States, and all civil actions in which the United States fhall be concerned, except before the fupreme court in the diftrict in which that court fhall be holden. And he fhall receive as, a compenfation for his fervices fuch fees as mall be taxed therefor in the refpective courts before which the fuits or profecutions fhall be. And there mall alfo be appointed a meet perlon learned in the law, to act as attorney-general for the United States, v/ho fhall be fworn or affirmed, to a faithful execution of his office ; whofe duty it fhall be to profecute and conduct all fuits in the fupreme court in which the Uni- ted States fhall be concerned, and to give his advice and opinion upon queflions of law when required by the Prefident of the United States, or when requefted by the heads of any of the [ 75 J departments^ touching any matters that may concern their departments, and fhall receive fuch compenfation for his fervices as ihali by law be provided. FREDERICK AUGUSTUS MUHLENBERG, Speaker of the Houfe of Reprefentatives. JOHN ADAMS, Vice-Prefident of the Unit<3 States, and Prejident of the Senate. APPROVED, September the 24th, 1789: GEORGE WASHINGTON, Preftdent of the United Staffs. CHAPTER XXL An Aft to regulate ProceJ/es in the Courts of the United States. (EXPIRED.} CHAPTER XXII. An Aft to explain and amend an Aft, intituled, " An Aft for regiftering and clearing 'vejjels^ Regulating the coqfting Trade, and for otfer Purpofes." (EXPIRED,} [ 76 ] CHAPTER XXIIL I An Aft making. Appropriations for the Service of the prefent Tear. ' Sedion i.TTJE // enatfed by the Senate and JD Houfe of Reprefentatives of the Specific ap- United States of America in Congrefs affembled, That there be appropriated for the fervice of es the prefent year, to be paid, out of the monies * * which arife, either from the requifitions here- tofore made upon the feveraLftates, or from the duties en impofl and tonnage, the follow- ing furns, viz. A fum not exceeding two hun- dred and fixteen thoufand dollars for defraying- the expences of the civil lift, under the late and prefent government ; a fum not exceeding^one hundred and thirty-feven thoufand dollars for defraying the expences of the department of war ; a Turn, not exceeding one hundred and ninety thoufand dollars for difcharging the ';ufo to dlf- . ^ , ! ! t - , - -, r r Charge war- warrants iilued by the late board or trealury^ rants of late an j remaining unfatisfied : and a fum not ex- lioard of , . . . r i i 1 1 r treafury,^ ccedmg ninety-fix thoufand dollars tor paying forpenfi.n8 t ] le penfions to invalids. tOlUVUlKiS. * FREDERICK AUGUSTUS MUHLENBERG, Speaker of the Houfe of Reprefentatives. JOHN ADAMS, Vice-Prefident of the United States, and Prefideni of the Senate.. APPRO VJED, September the 29th, 1789 ; GEORGE WASHINGTON^ Pre/ident of the United States., C 77 1 CHAPTER XXIV, An A ft providing for the Payment of the Invalid Ptnfioners of the United States. (EXPIRED.} CHAPTER XXV. An Aft to recognize and adapt to the Conftitution cf the United States the Eftablijhment of the Troops raifed under the Refohes of the Uni- ted States in Congrefs affembled^ and for other Purpofes therein mentioned. (EXPIRED.} CHAPTER XXVI. An Aft to allow the Baron de Glaubeck the Pay of a Captain in the Army of the United States. (PRIVATE.} CHAPTER JXVII. An Aft to alter the Time for the next Meeting of Congrefs. ACTS PASSED AT THE SECOND SESSION O F T H E FIRST CONGRESS O F T H E United States of America, BEGUN AND HELD AT THE CITY OF NEW-YORK, On Monday the Fourth of January, IN THE YEAR M,DCC,XC : AND OF THE Independence of the United States THE FOURTEENTH. \ ACTS O F CONG RESS, CHAPTER I. An Acl for giving Effeft to the jcveral A&s therein mentioned^ in Rcfpefl to the State of North '-Carolina, and other Purpofes* (REPEALED.) CHAPTER II. An Ad providing for the Enumeration of the In* habitants of the United States. Se&ion i. "DE // enabled by the Senate and JJ Houfc of Reprefentatives of the United States of America In Congrefs affembled, That the marfhals t>f the feveral diftrifts of the United States, (hall be, and they are here- by authorized and required to caufe the num- the 0. states ber of the inhabitants within their refpeftive diftricls to be taken ; omitting in fuch enu- tion > and ia meration Indians not taxed, and diftinguifhing what mgde ' free perfons, including thofe bound to fervice for a term of years, from all others; diftinguim- ing alfo the lexes and colours of free perfons, VOL. I. L tanu. [ 82 ] ahd the free males of fixteen years and up- wards from thofe under that age ; for effect-* P-^ ing which purpofe the marfhals fhall have pow- er to appoint as many aftflants within their fefpective diflricts as to them fhall appear ne- ceffary ; affigning to each affiflant a certain divifion of his diflrict, which divifion fhall con- fifl of one or more counties, cities, towns, townfhips, hundreds or parifhes, or of a ter* ritory plainly and diftinctly bounded by wa- ter courfes, mountains, or public roads. The marfhals and their afliflants fhall refpectiveiy , take an oath or affirmation, before fome judge marflials & . n . r , ' , . , . J , q affiftants to or jtiftice or the peace, refident within their take an refpective diflricts, previous to their entering- oath. .. r r i i i i r\ on the .dilcharge or the duties by this act re- quired. The oath or affirmation of the marfhat fhall be, " I, A* B. marfhal of the diflrict of do folemnly fwear (or affirm) Form of the that I will well and truly caufe to be made, i a jufl and perfect enumeration and defcription of all perfons refident within my diflrict, and return the fame to the Prefident of the United States, agreeably to the directions of an act of CongrefS) intituled, " An act providing for the enumeration of the inhabitants of the United States," according to the bed of my ability." The oath or affirmation of an affif- tant mall be, " I, A. B. do folemnly fwear (or affirm) that I will make a jufl and perfect enu- meration and defcription of all perfons refident within the divifion adigned to me by the mar- fhal of the diftrict of and make due return thereof to the faid marfhal, agree- ably to the directions of an act of Congrefs, intituled* " An Act providing for the enume- ration of the inhabitants of the United States," according to the befl f my ability." Ths r com 2nd enumeration mall commence on the firft Mon- ^ay in Auguft next, and mall clofe within nine calendar months thereafter ; The feveral affiflants (hall, within the faid nine months-, tranfmit to the marfhals, by whom they mail be refpectively appointed, accurate returns of all perfons, except Indians not taxed, within their refpedive divifions, which returns mail Rcturng SV be made in a fchedule, diitinguiming the fe- i>c i>y fchc- veral families by the names of their matter, dule ' jniftrefs, fteward, overfeer, or other principal perfon therein, in manner following, that is to fay : The number of perfons within my divifion, confifting of appears in a fchedule hereunto annexed, fubfcribed by me this day of 179 A. B. afFiftant to the marmal of SCHEDULE of the whole Number of Perjltis Form of th< within the Divifion allotted to A. B. fcheduic. Names of free white Tret Wute N'fC -white All other oiavc= heads of males of ibc. males un- U males, free per- families. tew years&. der futeen including fons. upwards,. years. heads of fa including milies. heads of fa- milies. Sec. 2. And be it further enacted ', That every amilant failing to make return, or mak- A ing a falfe return of the enumeration to the rnarfhal, v/ithin the time by this a<^l limitted, fliall forfeit the fum of two hundred dollars. Sec. 3. And be it further enacled. That the mnrf; , v - to marfhals fhall file the feveral returns aforcfaid, file return with the clerks of their refpecHve diftricl courts, who are hereby directed to receive and careful- th 3y preferve the fame : And the marfhals ref- r 84 : peftively fhall, on or before the firft day of thereof to September, one thoufand feven hundred and the Prefi- ninety-one, tranfmit to the Prefident of the before thT United States, the aggregate amount of each i ft of sept, defcription of perfons within their refpective I791 " diftri&s. And every marfhal failing to file the returns of his affiftants, or any of them, with failing fo to t h e c l er k s O f their respective diftrict courts, or do. penalty - ... . A r t fc ? . failing to return the aggregate amount ot each defcription of perfons in their refpedive dif- tricts, as the fame fhall appear from faid returns., to the Prefident of the United States, within the time limitted by this aft, fhall, for every fuch offence, forfeit the fum of eight hundred dollars ; all which forfeitures fhaii be recover- able in the courts of the diftricls where the offences fhall be committed, or in the circuit How rcco- courts to be held within the fame, by adion of debt, information or indictment ; the one half thereof to the ufe of the United States, and the other half to the informer ; but where the profecution fhall be firfl inftituted on behalf of the United States, the whole fhall accrue to their ufe. And for the more effectual difcove- ry of offences, the judges of the feveral diflrid courts > at tnen " next kffions to be held after the expiration of the time allowed for making the returns of the enumeration hereby direct- ed, to the Prefident of the United States, fha41 give this act in chtirge to the grand juries, in their refpedive courts, and fhall cauie the re- turns of the feveral afliftants to be laid before them for their infpedion. Sec. 4. And be It further enacted, That eve- Affiftant* r y am ^ ant ma *l receive at tn ^ rate of one dol- rateof com- Jar for every one hundred and fifty perfons by fa m returned, where fuch perfons refide in tlje country, and where fuch perfons refide in a C 85 3 city, or town, containing more than five thou- fand perfons, fuch afliftant fhall receive at the rate of one dollar for every three hundred per- fons ; but where, from the difperfed fituation of the inhabitants in fome divifions, one dollar for every one hundred and fifty perfons fhali be infuliicient, the marfhals, with the approba- tion of the judges of their refpeclive diftricls, may make fuch further allowance to the aflif- tants in fuch divifions as fhall be deemed an adequate compenfation, provided the fame does not exceed one dollar for every fifty perfons by them returned. The feveral mar- ihals fhall receive as follows : The marfhal of the diftricl of Maine, two hundred dollars ; the marfhal of the diftricl of New-Hampfhire, two their ' hundred dollars ; the marfhal of the diftricl: of Maffachufetts, three hundred dollars ; the mar- ihal of the diftricl of Connecticut, two hundred dollars ; the marfhal of the diftricl of New- York, three hundred dollars ; the marfhal of the diftricl of New-Jerfey, two hundred dol- lars ; the marfhal of the diftricl of Pennfylva- nia, three hundred dollars ; the marfhal of the diftricl of Delaware, one hundred dollars ; the marfhal of the diftricl of Maryland, three hun- dred dollars ; the marfhal of the diftricl of Vir- ginia, five hundred dollars ; the marfhal of the diftricl of Kentucky, two hundred and fifty dollars ; the marfhal of the diftricl of North- Carolina, three hundred and fifty dollars ; the marfhal of the diftricl South-Carolina, three hundred dollars ; the marfhal of the diftricl of Georgia, two hundred and fifty dollars. And to obviate all doubts which may arife refpecl- ing the perfons to be returned, and the man- ner of making returns, Sec. 5. Be it enabled. That every perfun C 86 3 P^ ace f abode mall be in any fa* on ^e aforefaid firft Monday in Auguft- next, fhall be returned as of fuch family ; and the name of every perfon, who fhall be an in* habitant of any diftricr., but without a fettled place of refidence, fhall b inferted in the co- lumn of the aforefaid fchedule, which is allot- ted for the heads of families, in that divifion \vhere he or me fhall be on the faid firft Mon- day in Auguft next, and every perfon occa- fionaliy abfent at the time of the enumeration, as belonging to that place in which he ufually refides in the United States. Sec. 6. And be it further enacled^ That each what er- anc ^ ever y perfon more than fixteen years of fen of a fa- age, whether heads of families or not, belcng- reti5e?an * n & to an y f am % within any divifion of a dif- accountof tricl made or eftablifhed within the United bersXre- States, (hall be, and hereby is obliged to ren- n, der to fuch afiiftant of the divifion, a true ac- count if required, to the beft of his or her knowledge, of all and every perfon belonging to fuch family refpectively, according to the feveral defcriptions aforefaid, on pain of for- feiting twenty dollars, to be fued for and reco-. verec * by fuch afliftant, the one half for his . own ufe, and the other half for the ufe of the United States. Sec. 7. And be it further enaEled^ That each afliftant fhall, previous to making his return Copies of to the marihal, caufe a correcl copy, figned by the fche- himfelf, of the fchedule, containing the num- clule in each . r . , ....... .7. divifiou to ber or mnabitants within his diviiion, to be be fet up at f e j; up at two o f the moft public places within public pla- \- "r i r i r r\ ces, and the fame, there to remain for the inipeccion or a jj concerned ; for each of which copies the faid afliftant fhall be entitled to receive two dollasa, provided proof of a copy of the fche* C 87 3 dale having been fo fet up and fuffered to re- main, iliall be tranfmitted to the marfhal, with the return of the number of perfons ; and in cafe any afliftant fhall fail to make fuch proof to the marfhal, he Ihall forfeit the compenfa- tion by this aft allowed him. FREDERICK AUGUSTUS MUHLENBERG', Speaker of the Houfe of Reprefentatives. JOHN ADAMS, Vice-Preftdcnt of the United States, and Prefident of the Senate. APPROVED, March the ift, 1790: GEORGE WASHINGTON, Prefident of the United States. CHAPTER III. An Ad to eftablijh an uniform Rule of Naturali* nation. , (REPEALED.) CHAPTER IV. An Aft making Appropriations for the Support of Government, for the Year one thoufand /even hundred and ninety* Se&ion i, T)E it cnafted by the Senate and JL^ Houfe of Reprefentatives of the United State? of America in Congrefs ajjembled, That there be appropriated for the fervice of the year one thoufand feven hundred and nine- ty, to be paid out of the monies arifmg from t 83 3 Appropri- the duties on imports and tonnage, the follow- Xe* * m g fums, to wit : A fum not exceeding one arifmg hundred and forty-one thoufand, four hun- tie 8 m for U the dred and ninety-two dollars, and feventy-three eiviiuft; cents, for defraying the expences of the civil lift, as ellimated by the Secretary of the Trea- fury, in the ftatement annexed to his report made to the Houfe of Reprefentatives on the ninth day of January laft, including therein the Contingencies of the feveral executive officers, war de- which are hereby authorized and granted ; and jpartment ; a jf o? a f um nO (; exceeding one hundred and fifty-five thoufand, five hundred and thirty- feven dollars, and feventy-two cents, for de- fraying the expences of the department of war; Pennons to and the farther fum of ninety-fix thoufand, nine invalids, hundred and feventy-nine dollars, and feventy- two cents, for paying the penfions which may become due to the invalids, as eftimated in the ftatements accompanying the aforefaid report* Sec. 2. And be it further enabled. That all trie expences arifmg from, and incident to the fef- fions of Congrefs, which may happen in the courfe of the aforefaid year, agreeably to laws heretofore patted, fhall be defrayed out of the monies arifmg from the aforefaid duties on im- ports and tonnage. Sec. 3. And be it further enaEled^ That the Contingent Prefident of the United States be authorized govern- f to ^ raw fr m tne treafury a fum not exceeding for ten thoufand dollars, for the purpofe of defray- ing the contingent charges of government, to be paid out of the monies arifing as aforefaid from the duties on imports and tonnage ; and that he caufe a regular ilatement and account ef fuch expenditures to be laid before Congrefs HT the end of the vear. E 89 ] Sec. 4. Andbe it further enaffcd. That a fum certain r p c- : --one hundred andforty-feventhcu- CIll>: ? c ~ . j j j 11 j mancU;an us hundred and fixty-mne dollars, and ir cents, be appropriated cut of the ino- nijs arifing as ai from the duties on: ports and tonnage, for difcharging the demands '.*h exift ; ;he United States, as fpeci- .-fied by the Secretary of the Treafury in his re- port made to the Houfe of Representatives on 'the fir ft :h inftant, including therein a provifion for building a light-houfe on Cape- [;;" h ; ' Henry in the ilate of Virginia, and for defray- ing the e i arifing from the act, intituled^ Jr??^* " An act for the eflablillimerit and fupport of light-houfes, beacons, buoys, and public piers. " Sec. 5. And be it further enacted. That out of the aforefaid appropriation of one hundred and forty-feven thoufaild one hundred and fix- oi.t of tv-nine dollars and fifty-four cents, the payment ^ of the following fums, not heretofore provided .for by law, and eftimated in the aforefaid re- ^IJ'^^^" port of the Secretary of the Treafury of the by luw.a 1 of March inflant, is hereby authored and intended to be made, to wit : For the ex- pences of the late office of foreign affairs, fix hundred and fifty dollars : To Roger Alden, for his fervices, including h] expen and the allowance to his clerks, eight h .and feventy-th.- ;rs, and feventy cents : the late commiflioner for fettling the ac- its of the departments of the late quarter- inafter-general, and conimifHiries general of purchales and iifues, for his own and clerk's fervices, from the eighth of May to the fint of Auguft, one thoufand feven hundred and c: ty-nine, one thoufand and ten dollars, and fif- ve c^nts : To the late com;uiilioner for VOL, I. M [ 9 ] fettling the accounts of the late marine, cloth*, ^ng, and hofpital departments, for his own and clerk's fervices, from the eighth of May to the third of Auguft, one thouiand feven hundred and eighty-nine, fix hundred and twenty-eight dollars, and twenty-fix cents : To the late com- miflioner for adjufting the accounts of the fe- cret and commercial committees of Ccngrefs, for his falary from the firft of July to the third of Auguft, one thoufand feven hundred and eighty-nine, one hundred and feventy-four dol- lars, and fixteen cents : For defraying the ex- traordinary expences of the late President of Congrefs, three hundred and eighteen dollars, and fifty-three cents : For paying falaries to the late loan-officers of the feveral dates, from the thirtieth day of June to the thirty-firf I day o-f December, one thoufand feven hundred and eighty-nine, including office-charges, fix thou- fand feven hundred and twenty-five dollars : For paying the intereft due on the loans made by the Secretary of the Trc-afury, two thoufand four hundred and fourteen dollars, and fixty- cne cents. Sec. 6. And be it further enafted^ That the furn of one hundred and twenty dollars, be paid out of the monies arifing from the aforefaid duties on imports and tonnage, to Jehoiakim For T rhoja- M'Tokfin, in full compenfetion for his fervices kim M C - as an interpreter and guide in the expedition Tokim, commanded by major-general Sullivan, in the year one thoufand feven hundred and feven ty- nine ; and alfo the fum of ninety-fix dollars Tames Ma- 7 . , . ^ ' ,. the, .?nd to James Mathers and Gitiord Dalley, each, o. Daiky. or f erv ices during the late recefs of Congrefs. Sec. 7. And be it further enacted. That the Prdident of tke United States be authorifed tQ C ' 3 ampewer the Secretary of the Treafury, if he P fhall deem it neceifary, to make fuch loans as J r f y may be requisite to carry into effect the forego- thuriae ing appropriations, for the re-payment of which |** to oofl the aforefaid duties on imports and tonnage thcfe a P - ihall be, and are hereby pledged. FREDERICK AUGUSTUS MUHLENBERG, Speaker of the lioufe of Reprefcntatives. JOHN ADAMS, Vice-Prefident of the United States, and Prcfident of the Senate. APPROVED, March twenty-fixth, 1790: GEORGE WASHINGTON, Prefident of the United States. CHAPTER V. An Aft to prevent the Exportation of Goods not duly infpefied according to the Laws of the federal States. Section i. TOE // enaded by the Senate and JJ Houfe of Representatives of the United States of America in Congrefs ajjembled^ That the colleftors and other officers of the cufldVns in the feVeral ports of the United States, be, and they are hereby directed to pay tiu Cc ; rt . m 1 T r ^ ' i r i n cate of m ~ due regard to the mfpection-laws of the Kates f pe ,9.ion in which they may refpe&ively acl, in fuch man- P rodaced ner, that no veffel having on board goods lia- ble to infpedion, (hall be cleared out until the matter or other proper perfon jfhall haye L 9* 1 ilacctl fuch certificate, that all fuch goods have been duly infpeded, as the laws of the re live dates do or may require to be produced to collectors or other officers of the cultoms. FREDERICK AUGUSTUS MUHLENBERG, Speaker of the Houfe of Reprefentativcs. JOHN ADAMS, Vice-Pre/jcknt of the Uniicd States, and Prcfident of the Senate* APPROVED, April the ad, 1790 : GEORGE WASHINGTON, Prcfident of the United States* C H A P T E R VI. Recital of An Aft fo accept a Ccffion of the Claims of the the deed of ta j e O f North-Carolina* to a certain Dtftricl n, bv . TTr J CT- thefcnaton cfnc/iern lernttiry. vt N. Caro- ] Sed thc A DEED of ceffion having been exccu- states ; and JT\_ ted, and in the Senate offered for ac- ceptance to the United States, of the claims of the ilate of North Carolina, to a diftricl of territory therein defcribed ; which deed is in the words following, viz. To all whojhallfee thefe Prefcnts. We, the underwritten SAMUEL JOHNSTON and BENJAMIN HAWKINS, Senators in the Con- grefs of the United States of America, du- ly and confiitutionally chofen by the Legif- iature of the date of North-Carolina, fend greeting. r 93 ] WHEREAS the General Affembly of the of North-Carolina, on the day of December, in the year of our Lord one thou- fand feven hundred and eighty-nine, palled an act, entitled, " An Ad for the purpoie of ceding to the United States of America, cer- tain weftern lands therein defcribed," in the words following, to wit : WHEREAS the United States in Congrefs affembled, have repeatedly and earneftly re- commended to therclpcftive dates in the Union, of thc claiming or owning vacant weftern territory, the to make ceflicns of part of the fame, as a fur- J" a r t ^bv rher means, as well of haftening the extinguim- which the ment of the debts, as of eftablifhing the harmo- thffauT iiy of the United States ; and the inhabitants dtcd '*. of the faid weftern territory being alfo defirous a ' that fuch C'jfiicn ihould be made, in order to obtain a more ample protection than they have heretofore received : Now this ftate, being ever defirous of doing ample juftice to the pub- lic creditors, as well as the eftabliihing the har- mony of the United States, and complying wit li- the reafonable defires of her citizens ; Be it enacted by the General Affembly of the Jlaie of North 'Carolina, and it is hereby ciiacled by the authority cf the fame, Tl Senators of this ftate, in the Congrefs of the United States, or one of the Senators and any two of the Repre- fentatives of this ftate in the Congrefs of the United States, are hereby authorifed, empow- ed and required to execute a deed or deeds on the part and behalf of this ftate, conveying to the United States of America, all right, title B OI , rr .- and claim which this ftate has to the fovereignty ;i . r 'i condi- and territory of the lands fituated within the !_'. chartered limits of this ftate, weft of a line be- dnnine; on the extreme hcicrht of thc Si- [' 94 ] Mountain, at the place where the Virginia and condi- i e CL t t t tarns of the * me interjects it ; running thence along the ex- ception,' treme height of the faid mountain, to the place where Wataugo River breaks throughit; thence a direct courfe to the top of the Yellow Moun- tain, where Bright's Road croffes the fame ; thence along the ridge of laid mountain, be- tween the waters of Doe River and the waters of Rock Creek, to the place where the road croffes the Iron Mountain ; from thence along the extreme height of faid mountain, to where Nolichucky River runs through the fame ; thcrce to the top of the Bald Mountain ; thence along the extreme height of the faid mom-tain, to the Painted Rock, on French Broad River ; thence along the higheft ridge of the laid mountain, to the place where it is called the Great Iron or Smoaky Mountain ; thence along the extreme height of the laid mountain, to the place where it is called Uni- coy or Unaha Mountain, between the Indian towns of Ccwee and Old Chota ; thence along the main ridge of the faid mountain, to the fourhern boundary of this (late, upon the fol- lowing exprcis conditions, and fubj eel thereto; that is to fay : Fir/I, That neither the lands nor inhabitants wcitward of the faid mountain ihall be eftimated after the cemon made^ by virtue of this act (hall be accepted, in the ai- certaining the proportion of this ftate with the United States, in the common expence occaii- oned by the late war. Secondly, That the lands laid off, or directed to be laid off by any act or acts of the General Affembly of this ftate, for the officers and ibldiers thereof, their heirs and aiiigns reflectively, mall be and enure to the ufe and benefit of the faid officers, their heirs and aiTigns reipedively ; and if the bounds of [ 95 ] the faid lands already prefcribed for the c :~ n^d foldL ihite, llr.ill not contain a fu . of lands fit for cultivation, to make go; i pro- vliions intended by law, th. foldier, or his ahi m:e, who mall fall (hort of his ,ient or proportion, after all the la; : ; fur cultivation within the laid bou propriated, be p; fuch part thereof as may be other part of the faid terrkory i. : I by virtue of th, iready a] :d. And where entries have I -. i .tble to lav/, and ti i . 3:ed by grant or otherwise, then, ai that cafe, the Governor for the ti. mall, and he is hereby required to perfect, to time, fuch titles, in fuch mariner as if this act had never been palled. And that all entries made by, or grants made to ail and ev^ry p^rfon or perions whatfoeyer, agreeable to law, and within the limits hereby intended to be ceded to the United States, (hail have the fame force and effect as if fuch ceilion had not been made ; and that all and every right of oc- cupancy and pre-emption, and every oilier right referved by any act or acts to perions fet- tled on, and occupying lands within the limits of the lands hereby intended to be ceded as afor e- faid, mail continue to be in full force, in the fame manneras if the ceflion had not been : and as conditions upon which the faid lands are ceded to the United States. And further, it fha-11 be underflood, that if any petfon or p-~r- fons (hall have, by virtue of the act, entitled, " An act for opening the land-office for the redemption of fpecie and other certificates, and difcharging.the arrears due to the army," paf- E 95 ] , ar .; cs fed in the year one thoufand ieven hundred and condi- and eighty-three, made his or their entry in *Xf thc the office ufually called John Amilrong's of- fice, and located the fame to any ipot or piece of ground, on which any ether pericn or per- fons fhail have previoi. ny entry or entries, that tli , the perfon or perfons : or entries, or the:; have leave, and be at full liberty i, . '^cation of inch cr.try or cr d on which no entry has been fpecialiy located, or on any vrcant lands incliu 'hiiits of the lands hereby intended to be ceded : Provided^ That nothing herein contained (hall extend or be conitrucd. to extend to the makir.g good any entry or entries, or any grant or grants heretofore declared void, by any act or ads of the General Ailembiy of this Hate. Thirdly^ That all the lands inter;- be ceded by vir- tue of this aft to the U< ?:es of America, and not appropriated as bei ; :;tioned, ihall be confidered as a common fund for the ufe and benefit of the United States of Ameri- ca, North-Carolina inclufive, according to their refpeftive and ufual proportion in the neral charge and expenditure, and {hall be faithfully difpofed of for that purpofe, and for no other ufe or purpofc whatever. Fourthly^ That the territory fo ceded, Ihall be laid out "Died ini.:, a flare or dates, containing a faitable fextent of I .", the inhabitants of which' .vileges, benefits and > let ibrth in the ordinance of the late G tern Terrft- - : is to iay, \- r the Congrefs of the United .-.: i!vi]l ' r r - '}T^ '': j > ;"' " i H V tr?i,JlflIH^ted C 97 ] ID the executive authority of this flute, an au- thenticated copy of the act to be patted by the Congrefs of the United States, accepting the ceflion of territory made by virtue of this act, under the exprefs conditions hereby fpecified, the faid Congrefs mall at the fame time afTuine the government of the faid ceded territory, which they fhall execute in a manner fnniiar to that which they fupport in the territory weft of the Ohio ; mail protect the inhabitants againfl enemies, and fhall never bar or deprive them of any privileges which the people in the territory well of the Ohio enjoy ; Provided always. That no regulations made or to be made by Congrefs, fhall tend to emancipate flaves. Fifthly, That the inhabitants of the faid ceded territory fhall be liable to pay fuch fums of money, as may, from taking their cenfus, be their juft proportion oi the debt of the Uni- ted States, and the arrears of the requifitions of Congrefs ou this ftate. Sixthly, That all perfons indebted to this ftate, refilling in the territory intended to be ceded by virtue of this act, fhall be held and deemed liable to pay fuch debt or debts in the fame manner, and under the fame penalty or penalties as if this aft had never been palled. Seventhly, That if the Congrefs of the United States do not accept the ceffion hereby intended to bs made, in due form, and give official notice thereof to the executive of this ftate, within eighteen months from the pafling of this act, then this act fhall be of no force or effect whatfoever. Eighthly, That the laws in force and ufe in the ftate of North-Carolina, at the time of pafiing this act, fhall be, and continue in full force within the territory hereby ceded, until the fame fhall be repealed, or otherwife VOL. I. N C 98 ] Boundaries altered by the legiilative authority of the faid and condi- territory.. Ninthly, That the lands of non-refi- ccffion, l e dent proprietors within the faid ceded territo- ry, fhall not be taxed higher than the lands of refidents. Tenthly, That this ad fhall not prevent the people now refiding fouth of French Broad, between the rivers Tenefee and Big Pidgeon, from entering their pre-emptions in that traft, mould an office be opened for that purpofe, under an aft of the prefent Ge- neral Affembly. And be it further enabled by the authority aforefaid^ That the fovereignty and jurifdiftion of this flate, in and over the territory aforefaid, and all and every the inha- bitants thereof, fhall be and remain the fame in all refpefts, until the Congrefs of the Uni- ted States fhall accept the ceilion to be made by virtue of this aft, as if this aft had never paffed. Read three times, and ratified in General AfTembly, the day of December, A. D. 1789. CHAs. JOHNSON, Sp. Sen. S. CABARRUS, Sp. H. C." Now therefore know ye, That we, SAMUEL JOHNSTON and BENJAMIN HAWKINS, Sena- tors aforefaid, by virtue of the power and au- thority committed to us by the faid aft, and in the name, and for and on behalf of the faid flate, do, by thefe prefents convey, aflign,tranf- fer, andfet over unto the United States of Ame- rica, for the benefit of the faid flat.es, North- Carolina inclufive, all right, title, and claim which the faid ftate hath to the fovereignty and territory of the lands fituated within the chartered limits of the faid ftate, as bounded and defcribed in the above recited aft of die Genera! Affembly, to and for the ufes and pur- C 99 J pofes, and on the conditions mentioned in the faid aft. In witnefs whereof, we have hereunto fub- fcribed our names, and affixed our feals, in the fenate-chamber, at New- York, this twenty-fifth day of February, in the year of our Lord, one thouiand feven hundred and ninety, and in the fourteenth year of the independence of the United States of America. SAM : JOHNSTON, (L. s.) BENJAMIN HAWKINS. (L. s.) Jsigncd, fcaled, and delivered in the p refer, ce of SAM : A. OTIS. Be it enabled by the Senate and Honfe of Re- prefentat'wes of the United States of America in Congrcfs qffcmblcd^ That the faid deed be, and Accepted, the fame is hereby accepted. FREDERICK AUGUSTUS MUHLENBERG, Speaker of the Houfe of Reprefentatives. JOHN ADAMS, Vice-Prefident of the United States, and Preftdent of the Senate. APPROVED, April the 2d, 1790: GEORGE WASHINGTON, Prcfident of the United States. CHAPTER VII. An Ac! to promote the Progrefs of ufefid Arts. (REPEALED.} [ 100 } CHAPTER VIII. An Aft further tofufpend Part of an Aft, inti- iuled. Aft to regulate the Collection of the Du- ties impofcd by Law on the Tonnage of Ships or VeJ/els, and on Goods, Wares., and Merch'an- difes, i?nporU:i into the United States," and to amend the /aid Aft. (REPEALED*) CHAPTER IX, An Aft for the Puntfhmcnt of certain Crimes againjl the United States. Section i . 1T$ E it enafted by the Senate and Jfj Hoitfe of Reprefentatives of the freafon, United States of America in Congrcfs a/Jembled, JhalfS fc8 That *f anv perfon or perfons, owing allegiance judged, to the United States of America, {hall levy ed & p pul~ war agairilt them, or mall adhere to their en- nifliedj emies, giving' them aid and comfort within the United States or eliewhere, and {hall be thereof convicted, on confemon in open court, or on the teftimohy of two witneiTes to the fame overt act of the treafon whereof he or they mall ftand indicted, Inch perfon or perfons mall be adjudged guilty of treafon againil the United States, and mall fuffer death. alfo of mif- Sec. 2. And he it enafted, That if any perfon prition of or perfons, havinp- kno\vledo-e pf the comrnif- ti'Cafon. r c r i P \ i n 11 lion or any of the treafons aiorelaid, mall con- cetti and not as foon as may be difclofe and make known the fame to the Proficient of the United States, or feme one of the judges there- of, or to the Prefident or Governor of a parti- cular (late, or ibme one of the judges or jullices thereof, fuch perfon or perlbns on conviction fhall be adjudged guilty of mifprinon of trea- fon, and mall be imprifoned not exceeding feven years, and fined not exceeding one thou- fand dollars. Scftt 3. And be if enacted, That if any Murder i perfon or perfons fhall, within any fort, arfc- :;:';' c :ir ;^ nal, dock-yard, magazine, or in any other r.;n,a\vuU place or diftricfbf country, under the ible and dcath; exclufive jurifdidlionof the United States, com- mit the crime of wilful murder, fuch perfon or perfons on being thereof convicted, fhall iuf- fer death. Seel:. 4. And be it alfo ena&cd, That the court before whom any perfon fhall be convic- ted of the crime of murder, for which he or ?.nd curt me mail be fentenced to fiiffer death, may at "gj^f their difcretion, add to the judgment, that the i*j uiiiied. charge or cuftody of any arms, ordnance, mu- nition, (hot, powder, or habiliments of war belonging to the United States, or of any vic- tuals provided for the victualing of any foldi- crs, gunners, marines or pioneers, iHall for any lucre or gain, or wit finely, advifedly, and * of purpofe to hinder or impede th iervice of the United States, embezzle, purlc-m or con- vey away any of thefaid arms, ordnance, mu- nition, fhoi or powder, habiliments of war, or - victuals, that then and in every >f the c aforefaid, the perfon or perfoDS ib oi .'-ruling, their counfellors, aiders and abet" ;"/w- ing of and privy to the offences a all, on conviction, be fined not exceed:: ur- fold value of the property ib ftoien, enu^ zled or purloined ; the one moiety to be paid to the owner of the goods, or the United States, as the cafe may be. and the other moiety to the informer and prcfecutor, and be publicly whipped, not exc^cdij^ thirty- nine ftripes. Sec. 17. And be it further enaBed, That if Rccc;Vr9 any perfon or perfons within any part of the off! : tn jurifdiftion of the United States as aforefaid, fhall receive or buy any goods or chattels that fhall be feloniouily taken or flolen from any other perfon, knowing the fame to be ftoien, or (hall receive, harbour or conceal any felons or thieves, knowing them to be fo, he or they being of either of the faid offences legally con- vicled, fhall be liable to the like punifruvLcnts as in the cafe of larceny before are prefcribed. r 108 i gee. 1 8. And be it enafted^ That if any per* tttlhed. U " fon mall wilfully and corruptly commit perju* ry, or mall by any means procure any perion to commit corrupt and wilful perjury, on his or her oath or affirmation in any fait, contro- verfy, matter or caufe depending in any of the courts of the United States, or in any de- pofition taken purfuant to the laws of the United States, every perfon fo offending, and being thereof convicted, mail be imprifoned not exceeding three years, and fined not ex- ceeding eight hundred dollars ; and fhall ftand in the pillory for one hour, and be thereaf- ter rendered incapable of giving teflimony in any of the courts of the United States, until fuch time as the judgment fo given againft the laid offender fhall be reverfed. Sec. 19. And be it enaBed^ That in every prefentment or indictment to be profecuted tTouffor U " againft any perfon for wilful and corrupt per- perjury, jury, it fhall be fufficient to fet forth the fub- fidint c to uf ~ "ftance of the offence charged upon the defen- fet forth dant, and by what court, or before whom the the charge[ oatn or affirmation was taken, (averring fuch court, or perfon or perfons to have a compe- tent authority to adminifter the fame) together with the proper averment or averments to falfify-the matter or matters wherein the per- jury or perjuries is or are affigned ; without fetting forth the bill, anfwer, information, in- dictment, declaration, or any part of any re* cord or proceeding, either in law or equity, other than as aforefaid, and without fetting forth the commiffion or authority of the court, or perfon or perfons before whom the perjury \vas committed. Sec. 20. And be It further enafted. That in every prefentment or indictment for fuborna* C I0 9' 1 tion of perjury, or for corrupt bargaining or a ub. in pre- contracting with others to commit wilful and )' ccu ?' r ' . n 11 i r rr r r i for lulun- corrupt perjury, it ihall be lufhcient to let forth nation of the iubftance of the offence charged upon the P cr J u T-- defendant, without fetting forth the bill, an* fwer, information, indictment, declaration, or any part of any record or proceeding, either in law or equity, and without fetting forth the cormnhTion or authority of the court, or perfon or perfons before whom the perjury was committed, or was agreed or promifed to be committed. Sec. 21. And be it enafted^ That if any per- E ..;i. cry fon (hall, directly or indirectly, give any fum wh.it -or fums of money, or any other bribe, pre- ftSeJ*^ fent or reward, or any promife, contract, obli- how pu- gation or fecurity, for the payment or delivery niillca - of any money, pfefent or reward, or any other thing to obtain or procure the opinion, judg- ment or decree of any judge or judges of the United States, in any fuit, controverly, matter or caufe depending before him or them, and ihall be thereof convicted, fuch perfon or perfons fo giving, promifmg, contracting or fecuring to be given, paid or delivered, any fum or fums of money, prefent, reward or other bribe as aforefaid, and the judge or judges who mail in any wife accept or receive the fame, on conviction thereof (hall be fined and imprifoned at the difcretion of the cour! ; and mail forever be difqualified to hold any office of honor, truft or profit under the Uni- ted States. Sec. 22. And be it enaffed) That if any per- I'c fon or perfons fliall knowingly and wilfully the cx'cov obftruct, refifl or oppofe any officer of the tion of pro. -TT i n "-.> cei 8. how United States^ in lerving or attempting to pumt i ic d. T o ] ferve or execute any mefne procefs, or War- rant, or any rule or order of any of the courts of the United States, or any other legal or judicial writ or procefs whatfoever, or mall a& fault* beat or wound any officer, or other per- fon duly authorised in ferving or executing any writ, rule, order, procefs or warrant aforefaid, every perfon fo knowingly and wil- fully offending in the premifes, fhall, on con- viction thereof, be imprifoned not exceeding twelve months, and fined not exceeding three hundred dollars. Sec. 23. And be It further enaded, That if , an y P er f n or perfons, fhall by force fet at ii- before berty, or refcue any perfon who (hall be found pu- n ' guilty of treafon, murder, or any other capi- ed. tal crime, or refcue any perfon convicted of any of the faid crimes, going to execution, or during execution, every perfon fo offend- ing, and being thereof convicted, mall fuffer de?th : And if any perfon mall by force fet at liberty, or refcue any perfon who before conviction {hall (land committed for any of the capital offences aforefaid ; or if any per- fon or perfons lhall by force fet at liberty, or refcue any perfon committed for or convicted of any other offence againft the United States, every perfon fo offending, mall, on convic- tion, be fined not exceeding five hundred dol- lars, and imprifoned not exceeding one year. convic- Sec. 24. Provided akvays, and be it enabled ^ r That no conviction or judgment for any of of the offences aforefaid, {hall -work corruption forfekure f bl d > Of ^Y f rfeitur e of eftatC. of eftate. Sec. 25.' And be it enafted, That if any writ or procefs mall at any time hereafter be fued forth or profecuted by any perfon or perfons, in "] in anv fif the courts of the United States, or in any of the courts of a particular ft ate. or by iourto ai:y judge or juitice therein refpectively, where- ^'/''a ~^r- 1. - the perfon of any ambaifador or other pub- tkuiarfute lie minifter of any foreign prince or ftate, au- Jf"^j thorifed and received as fuch by the Prefident ft..,-, void; of the United States, or any domeftic or do- anti meftic fervant of any fuch ambaifador or other public minifter, may be arrefted or im- prifoned, or his or their goods or chattels be diftrained, feized or attached, fuch writ or procefs (hall be deemed and adjudged to he utterly null and void to all intents, conftruc- tion and purpofes whatfoever. Sec. 26. And be it emitted^ That in cafe pc ,r ons ..r av any perfon or perfons fnail fue forth or profe- in? t, cute any fuch writ or procefs, fuch perfon or [,',!! J^cd!^ perfons, and all attornies or folicitors profe- cuting or foliciting in fuch cafe, and ail offi- cers executing any fuch writ or procefs, being thereof convicted, mall be deemed violaters .of the laws of nations, and difturbers of the public repofe, and imprifoned not exceeding three years, and fined at the discretion of the court. Sec. 27. Provided never thelefs, That no ci- tizen or inhabitant of the United States, who ^ -dL "I". mail have contracted debts prior to his enter- cepti. ing into the fervice of any ambaifador or other public minifter, which debts mall be flill due and unpaid, (hall have, take or receive any benefit of this aft.; nor mail any perfon be proceeded againft by virtue of this aft, for having arrejted -or fued any other domeftic fervant of any ambarTador or other public mi- nifter, uniefs the name of fuch fervant be firft regiftered in the office of the Secretary of State, and by fuch Secretary transmitted to rhc vnr.r- t "2 ] ihal of the diflrift in which Congrefs fliall re.- fidej who fliall upon receipt thereof affix the fame in fome public place in his office, where- to all perfons may refort and take copies with* out fee or reward. ^ That if any per- foil fliall violate any fafe-conducl or paflport ^ U ty obtained and iifued under the authority of public of the United States, or fliall affault, flrike, wound, hnprifon, or in any other manner in- fract the law of nations, by offering violence to the perfon of an ambafiador or other pub- lic minifler, fuch perfon fo offending, on con- viction, mall be imprifoned not exceeding- three years, and fined at the diicretion of the court. in cafe? of Sec. 2 9' ^ n ^ ^ e ' lt ena ^ ec ^ That any per* treafon, fon who fhall be accufed and indicted of trea- prifoner f on ^\\ } lave a CO py o f the indictment, and ihall have ' fJ . , ,opy ct ir.- a lilt or the jury and witnelies, to be produ- ila ofThe ce( ^ on ^ e tr ^ a ^ proving the faid indictment, jury&^it- mentioning the names and places of abode of witneffes and jurors, delivered unto him. at leaft three entire days before he mail be tri- in other ca- cd for the fame ; and in other capital offences, pital cafes, _ r i r i j-o ropy of in- fhall have lucli copy or the indictment and o f t h e j ury tw o entire days at leaf! before lift ot die i i i r r r t jury ; aiio the trial : And that every perlon io acculed Wed " aforefaid, {hall alfo be allowed and admitted to make his full defence by counftl learned in the lawj and th? court before whom fuch perfon fhall be tried, or fome judge thereof, fhall, and they are hereby authorifed and required im- mediately upon his requeft, to affign to fuch perfon fuch counfel, not exceeding twp, as Cafch perfon fhall defire, to whom fuch couii- C "3 1 fel flinll have free accefs at all feafonable hours ; and every fuch perfon or perfons ac- cuicd or indicled of the crimes aforefaid, fliall be allowed and admitted in his faid defence to make any proof that he or they can produce, by lawful witnefs or witnefles, and mall have the like procefs of the court where he or they 2 i*i pr occft Ihall be tried, to compel his or their witnefles '" com P cl 7 . r . . /* 11 f ' ie a ' trc:1 ' to appear at his or their trial, as is uliially dance of granted to compel y/itnefies to appear on the viint "- profecution againfl them. Sec. 30. And be it further enafted, That if i n cafes of any perfon or perfons be indicted of treafon againft the United States, and (hall (land mute or refufe to plead, or mall challenge peremn'ori! i i i * r r i l above the number of tnirty-hve of the jury ; .. ii; - , or ii any perfon or per Ions be indicted of any other of the offences herein before fet forth, for which the punifliment is declared to be death, if he or they fliall alto (land mute or will not anfwer to the indictment, or challenge peremptorily above the number of twenty per- fons of the jury ; the court in any of ths hmv to he cafes aforefaid, mail notwithstanding proceed proceeded to the trhl of the perfon or perfons fo (land- a * aia(t> ing mute or challenging, as if he or they had pleaded not guilty, and render judgment there- on accordingly. Sec. 31. And be it further enafted, That the No benefit benefit of clergy mall not be ufed or allowed, $ upon conviction of any crime, for which, by thcpomfh- any fhtute of the United Stales, the paniih. ment is or fliall be declared to be death. Sec. 32. And I* It further enaftcd, That no ; genpn or perfons mall be profecuted, tried or pimiflied for ^treafon or other capital offence aforefaid, wilful murder or forgery excepted. Vo L.I. P C "4 3 fame fhall be fount by a grand jury within three years next after or'"-hwca" the treafon or capital offence aforefaid (hall be pi ai of- done or committed ; nor fhall any perfon be ~ P rol ~ ecute d, tried or punifhed for any offence be found not capital, nor for any fine or forfeiture un- y V eaIi, n nor ^ an 7 P enal ^ atute unlefs the indidment or m^ other information for the fame fhall be found or in- within z lefs ^^ tut:ec l within two years from the time of years; committing the offence, or incurring the fine or forfeiture aforefaid : Provided^ That nothing ofcnder the nerem contained fhall extend to any perfon flee. or perfons fleeing from juflice. punifh- Sec. 33. And be it further enacled, That mentof the manner of inflicting the punifhment of death, fhall be by hanging the perfon convic- ted by the neck until dead. FREDERICK AUGUSTUS MUHLENBERG, Speaker of the Honfe of Representatives. JOHN ADAMS, Vice-Prefident of the United States, and Prefident of the Senate. APPROVED, April the 3oth, 1790 : GEORGE WASHINGTON, Prefident of the United States. CHAPTER X. A n Act for regulating the Military FJtabliJJmeni of the United States. C 115 1 CHAPTER XI. An Aft to prefcribe the Mode in which the pub- lic Afls, Records, and judicial Proceedings, in each State, Jhall be authenticated fo as to take Ejfed in every other State. BE it cnacled by the Senate and Hottfe of Re- prefentati'ves of the United States of Ame- rica in Congrefs afTembled, That the ads of the g legislatures of the fever al ftates fhall be authen- cords and ticated by having the feal of their refpedive ' } ^\. flates affixed thereto : That the records and ig- oi the judicial proceedings of the courts of any (late, ,-j^ how {hall be proved or admitted in any other court within the United States, by the atteflation of the clerk, and the feal of the court annexed, if there be a feal, together with a certificate of the judge, chief juftice, or prefiding magiitrate, as the cafe may be, that the faid atteiiation is in due form. And the laid records and judi- cial proceedings authenticated as aforefaid, {hall have fiich faith and credit given to them in every court within the United States, as they have by lav/ or ufage in the courts of the (late from whence the faid records are, or {hall be taken. FREDERICK AUGUSTUS MUHLENBERG, Speaker of the Houfe of Reprefentatives. JOHN ADAMS, Vice-Prefident of the United States, and Prcftdent of the Senate. APPROVED, May twenty- fixth, 1790 : GEORGE WASHINGTON, Prcftdent of the United Suites* C "6 ] CHAPTER XII. An Acl to provide for mitigating or remitting the Forfeitures and Penalties accruing under the Revenue Laws^ in certain Cafes therein men- tioned* Section i . *3 E // enacled by the Senate and M - v - r '. t?rn [j Hottfc of Representatives of the ~^~" r-r o *>> e United States of America in Longrefs q That whenever any perfon who now is, or be applied r n 11 i i- i i /* i for; and hereafter mall be liable to a fine, penalty or forfeiture, or interefted in any veffel, goods, wares or merchandize, cr other thing which may be fubjecl to feizure and forfeiture^ by force of the laws of the United States now ex- ifting, or which may hereafter exifr., for col- lecling duties of impofl and tonnage, and for regulating the coafling trade, mall prefer his petition to the judge of the diftrici: in which fuch line, penalty or forfeiture may have ac- crued, truly and particularly fetting forth the circuniitances of his cafe, and fhall pray that the fame may be mitigated or remitted ; the faid judge fliall enquire in a fummary man- ner into the circumflanccs of the cafe, firfl cauiing realbnable notice to be given to the perfon or perfons, claiming fuch fine, penalty or forfeiture, and to the attorney of the Uni- ted States for fuch dirlrici, that each may have an opportunity of fhewmg caufe againfl the mitigation or remiflion thereof; and fhall caufe . the fads which (hall appear upon fuch enqui- ry, to be dated and annexed to the petition, and direcl their tranfmiilion to the Secretary Wanted? of the ^t^my of the United States, who fhall thereupon have power to mitigate or re- mit fuch fine, penalty or forfeiture, or any part C "7 ] thereof, if in his opnion the fame was incur- red without wilful iivgligcnce or an}- intention of fraud, and to direC- the profecution, if any fhall have been inftiiued for the recovery thereof, to ceafe and L ^continued, upon fuch terms or conditions \; he may deem rea- fonable and juft. ProvLvf, That nothing x ot to ar . herein contained mall be Smftrued to affejft ^ctcafcsof the right or claim of r.r.y p:,'bn, to that part JbrVSoa?' of any fine, penalty or Ib^-iture, incur by breach of either of tin laws aforefaid, which fuch perfon may be ei.itled to by vir- tue cf the faid laws, in cafes i:ere a profecu- tlc-n has been commenced, r informatio:i has been given before the paffig of this aft^.. the amount of which right ancrhim mall be afiefled and valued by the judgef the diitvi in a funiinary manner. Sec. 2. And be it further ciwc^ That this Contimt- aft ihall continue and be in for, ui:t ii th c ;;^ COJ end of the next i-illcn of Conc-:^ and no longer. FREDERICK AUGUSTUS Speaker cf the lloufc of Rcp:\ JOHN ADAMS, Vice-Prefidcnt of i United Suites, and Prefidcnt of ifycimlc. APPROVED, May tweiijy-fixth, 17 GEORGE WASHIN(ioN, Prefidcnt of tb-: V C "3 1 CHAPTER XIII. An Aft to continue in For-'e an Ac~l paffed at the loft Se/ion of Ccngr/f, entitled, " An Aft to regulate Procefes^ the Courts of the Uni- "6 ted States" IXPIRED.) C HA P T E R XIV. An Aft for ti Government of the Territory of the Uniied'tolesifGuth of the River Ohio* (EXPIRED.) ; H A P T E R XV. An Affi r ti }e Encouragement of ' Learning, by r cc wg the Copies of Maps, Charts and Books, to f .Authors and Proprietors offuch Copies, *' }e Ti?ues therein Mentioned*" Se8> I 1*^ -^ ** enabled by the Senate and Authors of jfj lioufm of Reprefentatives of the STt's and Urn ^ tes of America in Congrefs a/e?nblcd, books ; f j. from and jifter the paffing of this at, Author and authors of any map, chart, book o ooks already printed within thefe United ces, being a citizen or citizens thereof, or ^clent within the fame, his or their execu- s, adminifirators or affigns, who hath or ve not transferred to any other perfon the t IJ 9 1 copy-right of fuch map, chart, book or books, mare or fhares thereof; and any other per- fon or perfons, being a citizen or citizens of thefe United States, or refidents therein, his or their executors, adminiilrators or afligns, who hath or have purchafed or legally acquired ^SvciSJ the copy-right of any fuch map, chart, hook foie right of i i j i r/i publication or books, m order to print, reprint, pubhih or & c vend the fame, fhall have the ible right and liberty of printing, reprinting, publifhing and vending fuch map, chart, book or books, for the term of fourteen years from the recording the title thereof in the clerk's office, as is fl - ie titie herein after directed : And that the author and authors of any map, chart, book or books already made and compofed, and not printed or publifhed, or that mall hereafter ^ made and compofed, being a citizen or ci- tlz \is of thefe United States, or refident therG ll5 an j his or their executors, admini- ftrato> or affigns, mall have the fole right and liberty \f printing, reprinting, publilhing and vending i, cn map5 C h ar t 5 book or books, for the like tci n o f f our t ee n years from the time of recording t h e title thereof in the clerk's office as aforeiid. And if, at the expiration of the faid tern t h e author or authors, or . Wo < any of them, be : v i ngj an d a citizen or citi- 21 zens of thefe Unit,] States, or refident there- e '" m > in, the lame exclufio r ;^ nt f na n be continued to him or them, his *r their executors, adrni- niftrators or affigns, ! T the further term of years; fourteen years: ProvL,^ he or they mall caufe the title thereof toS e a fecond time re- recordin corded and publiihed in he fame manner as l hc tul - is herein after directed, ^j that within fix months before the expiratloi O f the fir ft term f fourteen years aforefai J, term of L 120 ] ~., Sec. 2. And be it further exacted r , That it Otnei re.- r 1 *' ' r r i < fons pnnt- any other perlon .or perlons, from and alter whhout* tne recording Jtjie title of any map, chart, ccnfent of book or books, and publifhing the fame as ;! : '.wTo be' aforefaid, and within the times limited and prided granted by this ad, mail print, reprint, pub- puniiiLd? d h'fli, or import, or caufe to be printed, reprint- ed, published, or imported from any foreign kingdom or (late, any copy or copies of fuch map, chart, book or books, without the con- fent of the author or proprietor thereof, fir (I had and obtained in writing, figned in the prefence of two or more credible witneffes ; cr knowing the fame to be fo printed, reprinted^ or imported, (hall publifh, fell, or expofe to ialc, or caufe to be publimed, fold, or expofed to fale, any copy of , chart, book or books, wklioLii: fuch conlcut firft had a r( ' obtained in writing as aforefaid, then fud~ Ci ~ fender or offenders fliall forfeit all and- VG1 7 copy and copies of fuch map, chart, J fl or books, and ail and every meet and fteeiis, be- ing part of the fame, or either of t^ m 5 to tne author or proprietor of fuch map chart, book or books, who fnall forthwith de- f ^y the feme : And every fuch offender an/offerufers mall alfo for, pay the fu : m/f fifty ^cents for every meet which ihaii be f^ rj d in his or taeir poiicrlion, either printed f printing, publilh- cd, imported or expofe^ "fale, contrary to the true intent and ni/^g of this aft, the one moiety thereof to/ ne author or proprie- tor of fuch map, cMt, book or books who fliall Hie for the farA :i!1 '^ tR e other moiety thereof, to and for j& ufe of the United States, to be recovered by /a ^ion of debt in any court of record in theA-i- d States, wherein the lame is cognizple. Frowded always, Tkat ; . ill , [ . J h nftion be commenced within one year alter the caufe of action mail arife, and not afterwards. Sec. 3. And be It further enabled r , That no perfon fhall be entitled to the benefit of this aft, in cafes where any map, chart, book or the benefit books, hath r have been already printed and publifhed, unlefs he mall fird depofit, and in all other cafes, unlefs he mall before publica- tion depofit a printed copy of the title of fuch map, chart, book or books, in the clerk's of- fice of the didrift court where the author or proprietor (hall refide : And the clerk of fuch court is hereby direfted and required to re- cord the fame forthwith, in a book to be kept by him for that purpofe, in the words -follow- ing, (giving a copy thereof to the faid author or proprietor, under the feal of the court, if he ihall require the fame.) " Didrift of to wit : Be it remembered^ That on the day of in the year of the independence of the United States of America, A. B. of the faid didrift, hath depo.fi ted in this office the title of a map, chart, book or books, (as the cafe may be) the right where- of he claims as author or- proprietor, (as the cafe may be) in the words following, to wit : [here infert the title J in conformity 'to the aft of the Congrefs of the United States, intitu- led, " An Aft for the encouragement of learn- ing, by fecuring the copies of maps, charts, and books, to the authors and proprietors of fuch copies, during the times therein mention- ed." C. D. clerk of the didrift of For which the faid clerk mall be entitled to receive fixty cents from the faid author or proprietor, and fixty cents for every copy un- der feal actually given to fuch author or pro- VOL. I. O t prietor as aforefaid. And fuch n.Trhor or pra-- prietor mall, within two months horn the date thereof, caufe a copy of the faid record to be publimed in one or more of the n-iwfpapers printed in the United States, for the (pace of four w r eeks. Sec. 4. And be it further enafted^ That the r c author or proprietor of any iuch map, chart, work book or books, mall, within fix months after y ^ f the publiihing thereof, deliver, or caufe to be delivered to the Secretary of State a copy of the fame, to be preferred in his office. Noprohi- Sec. 5* And be it further enacted^ That no- tntion a- thing in this act mall be conftrued to extend porting! re- to prohibit the importation or vending, re- printing, printing or publifhinp; within the United &c. of to- o r \ *i i teign writ- otates, o* any map, chart, book or books, ings or pub- written, printcJ. or publimed by ?.ny perfon not a citizen of the United States, in foreign parts or places without the jurifdiclion of the United States. Sec. 6. And be it further enabled? That Penalty for any perfon or pcrfons who mall print or pub- ' "" s lifli any manufcript, without rhe confent'and approbation of the author or proprietor there- of oi, firll had and obtained as aforefaid, (if fuch the authors, author or proprietor be a citizen of, or reii- dent in thefe United States) mall be liable to fuffer and pay to the faid author or pro- prietor all damages occafioned by fuch in- jury, to be recovered by a fpecial aclion on the cafe founded upon this act, in any court having cognizance thereof. Per fons Sec. 7. And be it further enafted, That if m- thing 3 ~ any perfon or perfons mall be fued or pro- dotie. under fecuted for any matter, act or thing done way Vive under or by virtue of this act, he or they C "3 ] may plead the general ifiue, and give th> fpecial mazier in evidence. c.,na. FREDERICK AUGUSTUS MUHLENBERG, Speaker of the Ehufe of Rcprefentatives. JOIiN ADAMS, Vice-Prefident of the United States, and Prefident of the Senate. APPROVED, May the thirty-fir It, 1790 : GEORGE WASHINGTON, Prefident of the United States. CHAPTER XVI. An Aft for finally adjujlmg and fatisfying the Claims of Frederick William De Steuben. (PRIFATL.) CHAPTER XVII. An Ad for giving Effeft to an Aft, intituled, " An Aft to cjlablijh the "judicial Courts of the United States," within the State of North- Carolina. Se&ion i. TJ E // entitled by the Senate and JL3 Hovfe ofRefrcfentatwes of the Jud'Ja'aft United Slates of America, in Cvngrefs ojj^nibhd, fo ri: e a s to That the ;ict, intituled, " An Aft to eftahlifh N. Ca o- the judicial courts of the United States/' fhall have the like force and effect \vithin the Rate of North- Carolina, as elfewhere within the United States. Sec. 2. And be it further enabled, That the faid flate fhall be one diftricl:, to be called Diftria North-Carolina diftrid ; and there (hall be a cmin.to court therein, to coafift of one judge who fhall refide In the diftricl:, and be called diftricl: judge, and ihall hold annually four feffions ; the firft to commence on the firft Monday in July next, and the other three fef- fions progreilively on the like Monday of eve- ry third calendar month afterwards. The fta- t-jd diftricl: court (hall be held at the town of Newbern. Sec. 3. And be it further enafted. That the f ^ diftrifl: fhall be, and the fame is hereby iouthern . _ ' . . . . J circuit. . annexed to the fouthern circuit : And there fhall be held annually in the faid diftricl; two court? circuit courts ; the firft feflion of the circuit their fef. court fhall commence on the eighteenth day of and j une next ^ t k e f econ( j feffion on the eighth day of November next, and the fubfequent fef- ffons on the like days of every June and No- vember afterwards, except when any of the days fhall happen on a Sunday, and then the feflion fhall commence on the next day fol- lowing. And the feffions of the faid circuit courts fhall be held at Newbern. Sec. 4. And be it further enafted^ That there (hall be allowed to the judge of the faid dif- tricl, the yearly compensation of fifteen hun- dred dollars, to commence from his appoint- ment, and to be paid at the treafury of the United States in quarterly payments. FREDERICK AUGUSTUS MUHLENBERG, Speaker of the Hoiife of Reprefentatives. JOHN ADAMS, Vice-Preftdent of the United States, and Prefident of the Senate. APPROVED, June the fourth, 1790 : GEORGE WASHINGTON, Prefident of the United States* [ 125 ] CHAPTER XVIII. An Ac! fupplemenial to the Acl for the Salaries cf the Executive Officers of Go~ vcrnmcnt, with their AJfjftanU and Clerks.. BE it enacted by the Senate and H ufc ofRe- prefentatives 'f the United Stales of Ame- rica in Congrefs affembled, That the more ef- feftually to do and perform the duties in the Department of State, the Secretary of the (aid department be, and is hereby authorized to r ' ' appoint an additional clerk in his office, who fliall be allowed an equal falary, to be paid in the fame manner as is allowed by law to the chief clerk. FREDERICK AUGUSTUS MUHLENBERG, Speaker of the Houfe of Reprefentatroes. JOHN ADAMS, Vice-Preftdent of the United States, and Prcfident of the Senate. APPROVED, June the fourth, 1790 : GEORGE WASHINGTON, Prefidcnt of the United States. CHAPTER XIX. An Acl for giving Efeft to the fever al A3". ' ' in mentioned^ in refpecl to the Slate of & //land and Providence Plantations. (REPEALED*) [ 126 3 CHAPTER XX. An Aft for the Relief of Thomas Jenkins and Company. (PRIVATE.) CHAPTER. XXI. *An Aft for giving Effect to an Aft, intituled, " An Aft to eftabtijh the Judicial Courts of the United States" within the State of Rhode- Ifland and Providence Plantations. Section iT5 E /'/ enatled by the Senate and Jj Houfe of Reprefentatives of the judicial a intituled, " An aft to eftablifh K. ifland. the judicial courts of the United States," fhall have the like force and effect within the Hate of Rhode- Ifland and Providence Plantations, as elfewhere within the United States. Sec. 2. And be it further cnafted. That the faid ftate ft* 11 be one diftrift, to be called s, & Rhode-Ifland diflrid : and there fhall be a diflricl: court therein, to confifl of one judge, who fhall refide in the diftricl:, and be called a diftricl: judge, and fnall hold annually four feffions ; the firft to commence on the n'rft Monday in Auguft next, and the other three feffions progreflively on the like Monday of every third calendar month afterwards. The flated diftricl: court mail be held alternately where held. :lt tne towns of Newport and Providence, be- ginning at the firft. Annexed to ^ C * 3 And be it further enaflcd^ That the .cafieracir- faid diftricl fhall be, an4 the fame is hereby annexed to the eaftern circuit : And there [ 127 1 fiall be held annually in the faid diftricl two . X n r r . . . roiu-tfc,their circuit courts ; the firit fefiion of the circuit unions, & court ihall commence on the fourth day of De- cember next, the fecond feflion on the fourth day of June next, and the fubfequent feffions on the like days of every December and June afterwards, except when any of the days mall happen on a Sunday, and then the feflion (hall commence on the day following. And the feffions of the faid circuit courts mall be held x alternately at the faid towns of Newport and Providence, beginning at the laft. Sec. 4. And be it further ena fled, That there (hall be allowed to the judge of the faid dif- Saiarv of trift, the yearly compenfation of eight hun- thc J ud c - dred dollars, to commence from his appoint- ment, and to be paid at the treafury of the United States, in quarterly payments. FREDERICK AUGUSTUS MUHLENBERG, Speaker of the Houfe of Reprefentatives. JOHN ADAMS, Vice-Prefident of the United States , and Prefidcnt of the Senate. APPROVED, June the twenty-third, 1790: GEORGE WASHINGTON, Prefident of the United States. for outfit. G H A P T E R XXtf. An Act providing the Means of Inter coitrfs bs- iween the United Stales and, foreign Nations. Section i. IDE it entered by the Senate and j[3 Honfe of Reprefeniatives of the '' United States of America, hi Congrefs qffeniblcd^ That the Prefident of the United States fhall be, and he hereby is authorized to draw from the 16 treasury of the United States, a fum not ex- ceeding forty thoufand dollars annually, to be paid out of the monies ariimg from the du- ties on imports and tonnage, for the fupport of fuch peribns as he fhall commiffion to lerve the United States in foreign parts, and for the expcnce incident to the bufmefs in which they may be employed. J&vuided, That ex- cluiive of an outfit, which fhall in no cafe exceed the amount of one year's full falary to the minifter plenipotentiary or charge des affaires to whom the fame may be allowed, the Prefident fhall not allow to any minifter . plenipotentiary a greater fum than at the rate <>fmin:fk-s of nine thoufand dollars per annum, as pknipotci-,- a compenfation for all his perfonal fervices tiarv. and i ' -TJ r r and other expences ; nor a greater him for the fame, than four thoufand five hundred dollars per annum to a charge des affaires j nor a greater fum for the fame, than one thou- fand three hundred and fifty dollars per an- num to the fecretary f any minifter plenipo- ary; tent j ar y > ^^ p rQ r O id e d alfo, That the Prefi- to ac- dent fhall accaunt fpecifically for all fuch ex- penditures of the faid money as in his judg- ment may be made public, and alfo ' for the amount of fuch expenditures as he may think it advifeable not to fpecify, and caufe a regu- lar ftatement and account thereof to be laid before Congrefs annually, and alfo lodged in the proper office of the treafury department. Sec. 1. And bs it further enacled, That J , . . r > . ance of this aft mall continue and be in force for the *&* aA. fpace of two years, and from thence until the end of the next fefiion of Congrefs thereafter, and no longer. FREDERICK AUGUSTUS MUHLENBERG, Speaker of the Houfe of Representatives. JOHN ADAMS, Vice-Prefident of the United States and Prefident of the Senate. APPROVED, July the firft, 1790 : GEORGE WASHINGTON, Prefident of the United States. CHAPTER XXIII. An Aft to fatisfy the Claims of John M c CorJ again/I the Uniud States. (PRIVATE.) CHAPTER XXIV. An Ad for the Relief of Nathaniel Twining. CHAPTER XXV. An Aft for giving Effect to an Att^ intituled., " An Ad providing for the Enumeration of the Inhabitants of the United States J* in ref- pett to the State of Rhode+lfland and Provi- dence Plantations. Se&ion i . "|) E it enabled by the Senate and JL) Houfe of Reprefentatives of the United States of America in Congrefs ajfembled, That the acl pafled the prefent feffion of Con- grefs, intituled, " An Ad providing for the VOL. I. R numeration for c- enumeration of the inhabitants of the United States, mall be deemed to have the like force ^ nc * operation within the ftate of Rhode- ifl^ndand Providence Plantations, as elfewhere within the United States ; and all the regula- tions, provifions, directions, authorities, penal- ties, and other matters whatfoever, contained or Gxprefled in the faid acl, and which are not locally inapplicable, fhall have the like force and efTett within the faid (late, as if the fame v;er'e repeated and re-enacled in and by this prefent acl. Sec. 2. And belt further enafted. That the Salary of marfhal of the diftricl: of Rhode- 111 and (hall fhai mar " receive, infuUconpenfation for the performance of all the duties and fervices coniided to, and enjoined upon him by this ad, one hundred dollars* FREDERICK AUGUSTUS MUHLENBERG, Speaker of the Houfe of Rcfrefentatives. ADAMS, Vice-Prefident. of the United States ) and Prefideni of the Senate. APPROVED, )uly the fifth, 1790 : GEORGE WASHINGTON, Preftdent of the Unlt'cd States* 13* CHAPTER XXVI. JLn Act to authorize the Pur chafe cf a TraS of tc Ufe of the United States-. E it enabled by the Senate and Houfs cfRf- prcfer.ixtrj'js cf the United States of Ame- rica In Conrrcfs afcmb'ed, That it fhall be law- ful for thePrefident of the United States, and he is hereby authorized to caufe to be par- topurciiaf chafed for the ufe of the United States, the $$$ whole or fuch part of that tract of land fituatc in the ftat^ of New-York, commonly called WefL-Pcirit, as fnall be by him judged requifite fcr ihe purpofe of fuch fortifications and gar- rifbns as may be neceffary for the defence of the fame. FREDERICK: AUGUSTUS MUHLENBERG, Speaker cf the Hoitfe cf P^eprefentatives. JOHN ADAMS, Vice -Prejidcnt of the United States, and Prcfident of the Senate* APPROVED, July the fifth, 1790 : GEORGE WASHINGTON, Prcfident cftbe United State** C H A P T E R XXVIL An ^cr further to provide fir the Payment tftbe hvaild Pensioners of the United States. CHAPTER XXVIII. An A ft for eftablifhing the temporary and per- manent Seat of the Government of the United States. Seftion i-TJ E /'/ enafted by the Senate and JLJ Houfe of Reprcfentatives of the United States of America in Congrefs ajjembled % on That a diftrict of territory, not exceeding ten the Potow- ., r i i j i r j mac ac- miles Iquare, to be located as hereafter di- cepted for reded on the River Potomack, at fome place FeaT^go 1 between the mouths of the Eaftern-Branch vernmemt, anc j Connogochegue, be, and the fame is and . i r i r hereby accepted ror the permanent ieat or the government of the United States : Pro- fate laws, vided neverthelefs , That the operation of the wrhen to j aws O f the flate within fuch diftricl: mail not ceaie there- . ,_, , . , . .. . in. be affected by this acceptance, until the time fixed for the removal of the government there- to, and until Congrefs mail otherwife by law provide. Sec. 2. And be it further enaBed^ That the Prefident of the United States be authorized to appoint, and by fupplying vacancies hap- i" the P enm & fr m refufals to ac\ or other caufes, to fame; keep in appointment as long as may be necef- fary, three commimoners, who, or any two of whom, mall, under the direction of the Pre- fident, furvey, and by proper metes and bounds define and limit a diftricl: of territory, under the limitations above mentioned ; and the dif- tricl: fo defined, limited and located, mail be deemed the diftricl: accepted by this aft, for the permanent feat of the government of the United States. Sec. 3. And be it enatted^ That the faid com- Hiiffioners, or any two of them, fliall have I '33 J power to purchafe cr accept fucli quantity \vi c n .v of land on the eaftcrn fide of the faid river, ^:::;p cr -within the laid diliricl, as the Prefident lhall grams of Jeem proper for the ufe of the Utiited States, ^:; ^ ld and according to fuch plans as the Prefident Dec. 1800 lhall approve, the faid cqtnmiflioners, cr any {J^^ two of them, Thai!, prior to the finl Monday in December, in the ysar one thoufand eight hundred, provide fuitable buildings for i s accommrcktion of Congrefs, and of the Prefi- dent, and for the public offices of the govern- ment of the United States. Sec. 4. And be it enacted, That for defray- ex p encc ing the expence of fuch purchases and build- thereof ings, the Prefident of the United States be au- defrayed. thorized and requefted to accept grants of money. Sec. c. And be it enafled. That prior to p rior t * ^ the firlt Monday in December next, all offices MOU> ADAMS, Vice-PreftdentcflbeUnr::d -Stefss, and Pref.dent of tLe Senate. D, July the flxtcentb, i 790 : GEORGE WASHINGTON, Prefidcnt of ike U-iiicd States. ' C H A P T E R -Jin Aci for the Government and Regulation ff Seamen in the Merchants Service. Section i.^pE // cnaffed by il^e Seriate and Matter and "') lloufe of Representatives of tie ?v"^ ift United States cf America in Centre/} qflemblsd, chants" Vtr- That from and after the firfl day of December Ir^'Vvo next 5 every mailer or commander of any (hip t>ing agree- or veficl bound from a port in the United States to any foreign port, or of any fhip or vefTel of the burthen of fifty tons or upwards, bound from a port in one ftate, to a port in any other than an adjoining (bate, fhal!, before he proceed on fuch voyage, make nn agreement in writing or in print, with every feaman or mariner on board fuch fhip or veffel (except fuch as fhali be apprentice or fervant to Lim- felf or owners), declaring the voyage or voy- ages, term or terms of time., for which fuch fe:nn or mariner fhall be fl And if [ '35 3 any matter or commander of fuch mip or Waftcfa3- V i n 11 r fag fo to do, veilel mall carry out any feamen or manner ia>>a to (except apprentices or iervants as aforefaid) P t:iait r- without fu'ch contract or agreement being firft made and figned by the ieamen and mariners, fuch mailer or commander fhnll pay to every .fuch ieaman or mariner the higheft price or \vage3 which ihall have been given at the port cr place where fuch feaman or mariner ihall have been ihipped, for a fimilar voyage, within three months next before the time of fuch 'fhipping : Provided fuch feaman or mariner mail perform fuch voyage : or it not, then for fuch time as he ihall continue to do duty on board fuch fliip or veifel ; and fhall moreover forfeit twenty dollars for every fuch feaman or mariner, one half to the ufe of the perfon pro- fecuting for the fame, the other half to the ufe of the United States : and fuch feaman or mariner, not having figned fuch contract, ihall not be bound by the regulations, nor fubject to the penalties and forfeitures contained in this act. Sec. 2. And be it enacled, That at the foot M.-i-inrr of every fuch contract, there mail be a me- ^g^She morandurn in writing, of the day and the agreement, hour on which fuch ieaman or mariner, who |Vf ihall fo ihip and fubfcribe, fhall render thern- felves on board, to begin the voyage agreed upon. And if any fuch feaman or mariner mall neglect to render himfelf on board the (hip or yefiel, for which he has iliipped, at the time mentioned in fuch memorandum, and if the mailer, commander, or other officer of the fhip or veifel, mall on the day on which fuch neglect happened, make an entry in the log- book of fuch fhip or veilel, of the name of fuch feaman-or mariner, and fhall ia like man- C >3* 3 nsr note the time that he fo neglected to render himfelf (after the time appointed) ; every fuch feanian or mariner fhall forfeit for every hour \vhich he fhall fo neglect to render himfelf, one day's pay, according to the rate of wages r? ,reed upon, to be deducted out of his wages* And if any fuch feanian or manner fhall wholly neglect to render himfelf on board of fuch fhip or vciiel. or having rendered him- felf on board, fhall afterwards defert and .efcape, fo that the fhip or veflel proceed to lea without him, every fuch feanian or mariner Ihall forfeit and pay to the matter, owner or consignee of the faid Ihip or veflel, a fura equal to that which fhall have been paid to him by advance at the time of figning the contract, over and befides the fura fo advanced, both which fuiiis mail be recoverable in any court, or before any juttice or juftices of any ttate, city, town or county within the United States, which, by the laws thereof, have cognizance of debts of equal value, againft fuch feaman or mariner, or his furety or fureties, in cafe he fliall have given furety to proceed the voyage. ]*?.- Sec. 3. And bs it enabled. That if the mate L^r? or ^ r ^ officer under the matter, and a majori- ^y^'-i ty of the crew of any fhip or veflel, bound on a ccedin ?**' v 7 a ^ e to aR Y foreign port, mall , after the voyage ^uinCh.-ri is begun (and before the fhip or veflel mall have ta-nn"' c thc left the land ) ^'covcr that the faid fhip or /an*.* vellel is too leaky, or is other wife unfit in her crew, body, tackle, apparel, furniture, provi- fions or (icre- c ? to proceed on the intended voyage, and fhall require fuch uniitnefs to be enquired into, the inufter or commander fhall upon the requeil of the faid mate (or other of- fleer) and lucn majority, forthwith proceed to or flop at the fteareic or mod convenient C '37 ] or place where fuch enquiry can be made* ill ihere apply to the jiu lie dif- trie! court, if he ihali there refide, or if not, to i ice of the peace of the city, town .-, taking with him tv.o or more of the laid crew who iliall have made luch requelt ; and thereupon fuch judge or juiiice is hereby , orixeJ and required to iilue his precept ' to three perfons in the neighborhood, the inoft fkilful in maritime aiiairs that can be procured, requiring them to repair on board iuch (hip or veifel, and to examine the fame in refpcc"!: to the defects and mfufficiencies coniplaitied of, and to make report to him the fald judge or jufticc, in writing under their hands, or the hands of two of them, whether in any, or in what refpeft the faid Ihip or veilel is unfit to proceed on the inten- ded voyage, and what addition of men, provi- fions or ilores, or what repairs or alterations in the bodv, tackle or apparel will be necef- fary ; and upon fach report the fai.d judge or juliice mall adjudge and determine, and mail endorfe on the faid report his judgment, whe- ther the faid (hip or velfel is lit to proceed on the intended voyage ; and if not, whether fuch repairs can be made or deficiencies fup- piied where the fnip or veffcl then lays, or whether it be necellary for the faid (hip or vefTel to return to the port from whence me failed, to be there refitted ; and the maf- : er and crew (hall in all things conform to the faid judgment ; and the rrriftcr or commander ihall, in the iivll indance, pay all the cods of fuch view, report and judgment, to be taxed and allowed on a fair copy thereof certified by the faid jiulge or juftice. But if the complaint f the faid crew ihall appear upon the faid re* VOL. I. *S port and judgment, to have been without foun- dation, then the laid matter, or the owner or coiiflgnee of fuch fhip or veflel, ihall deducl the amount thereof, and of reafonable da- mages for the detention (to be afcertaincd by the laid judge or juftice) out of the wages growing due to the complaining feannen or mariners. And if after fuch judgment, fuch ihip or veflel is fit to proceed on her intended voyage, or after procuring fuch men, provi- lions, ilcres, repairs or alterations as may be directed, the faid feamen or mariners, or either of them, mall refufe to proceed on the voyage, it mall and may be lawful for any juttice of the peace to commit by warrant under his hand and feal, every fuch feaman or mariner (who mall fo refufe) to the common gaol of the county, there to remain without bail or mainprize, until he mail have paid double the fum advanced to him at the time of lab [crib- ing the contract for the voyage, together with fuch reafonable coils as mall be allowed by the faid juftice, and inferted in the faid war- rant, and the furety or fureties of fuch fes,inrui or mariner (in cafe he or they mall have given any) mail remain liable for fuch payment ; nor mall any fuch feaman or manner be dif- charged upon any writ of habeas corpus or otherwife, until fuch fum be paid by him or them, or his or their furety or fureties, for want of any form of commitment, or other previous proceedings. Provided, That fuffici- cnt matter mail be made to appear, upon the return of fuch habeas corpus, and an exami- nation then to be had, to detain him for the caufes herein before afiigned. Sec. 4. And be it enaflcd^ That if any perfcn fhall harbor or fecrete any feaman or r 139 3 Rrarlner belonging to any mip or veiTel, know- p cna i; y r, r Ing them to belong thereto, every fuch per- foil, on conviction thereof before any court in the city, town or county where he, me or they may refide, {hall forfeit and pay ten dol- lars for every day which he, fhe or they fliall continue fo to harbor or fecrete fuch feaman or mariner, one half to the ufe of the perfon profecuting for the fame, the fcthcr half to the ufe of the United States ; and no fum exceed- ing one dollar, (hall be recoverable from any feaman or mariner by any one perfon, for any ilebt contracted during the time fuch feaman or mariner (hall actually belong to any fhip or veffel, until the voyage for which fuch fearnan or mariner engaged mall be ended. Sec. 5. And be It enafted, That if any fea- man or mariner, who (hall have fubfcribed fuch contract as is herein before defcribed, fj ihall abfent himfelf from on board the ihip or penalty on, veffel in which he (hall fo have (hipped, with- out leave of the rnafter or officer commanding ed on board ; and the mate, or other officer hav- ing charge of the log-book, mall make an en- try therein of the name of fuch feaman or mariner, on the day on which he mall fo abfent himfelf, and if fuch feaman or mariner mall return to his duty within forty-eight hours, fuch feaman or mariner fliall forfeit three days pay for every day which he (hall fo abfem: him- felf, to be deducted out of his wages : but if any feaman or mariner fliall abfent himfelf for more than forty-eight hours at one time, h-.> ihall forfeit all the wages due to him, and all his goods and chattels which were on board the laid mip or velfel, or in any (lore w they may have been lodged at the time of his defertion, to the ufe of the ovrners of the fhip or vcflel, and moreover mail be K:\bie to pay to him or them all dn:n. n c:< ?, which he or they may fuftain by being obliged to hire other fearnen or mariners in his or their pku:e, and luch damages fhall be recovered with cofis, in any court or before any jufiice or juftices having jurisdiction of the recovery of debts to the value often dollars or upv.ards. t and Sec. 6. And be it enaclcd^ That every fcr,- at what port man or mariner fhall be entitled to demand entitled to . tiemandhis and receive from the malier or commander wa^cs; Q ^g fl^p or ve {f e l J-Q y/hich they belong, one third part of the wages which .fhall be due to him at every port where fuch fhip or veiiei fhall unlade and deliver her cargo before the voyage be ended, unlefs the contrary be ex- prefsly ftipulated in the contract : and as foon as the voyage is .ended, and the cargo or bal- laft be fully difch'arged at the I aft port of de- livery, every Teaman or mariner fhall be entitled to the wages which lhall be then due according to his contract : and if fuch wages cover them fhall not be paid within ten clays after fuch if withheld difcharge, or if any difpute fhall arife between the mailer ami feamen or mariners touching the faid wages, it mail be lawful for the judge of the diftrict where the faid fhip or vefiel fhall be, or in cafe his refidence be more than three miles from the place, or of his abfence from the place of his refidence, then, for any judge or juftice of the peace, to fummon the matter of fuch fhip or veffel to appear before him, to mew caufe why procefs mould not imie againft luch fhip or veitel, her tackle, furniture and apparel, according to the courfe of admiralty-courts, to anfwer for the faid wages : and if the matter fhall neglect to ap- pear, or appearing, fhall not fhew that the r *4i ] CF?.:-'cs r.re paid, or otherwife fatisfied or for* .T in difpute fhali not be forthwith fettled, in fiich cafe the judge Oi iir/dce fhall certify to the clerk of the couvt of the diPmcl, that fufficicnt caufe of complaint whereon to found admiral' cefs, and thereupon the ckrk of fuch court ihall illue procefs againit the laid fhip or vef- fei, and the fuit (hall be proceeded on in : faid court, and final judgment be riven accord- ing ro the courfe of admiralty courts in fuch cafes uL-d ; and in fuch fuit all the ' r.r m iriners (hav-r- . c -nint oi th.- like kind againfl the iair.c fhip or veitei) fhall be joined as complainants ; and it fliall be in- cumbent on the mailer or commander to pro- duce the contract and log-book, if required, to afcertain any matters in difpute ; other the complainants ihall be permitted to ft ate the contents thereoY, and the proof of the contrary Ihall lie on the mailer or commander; but nothing herein contained fhall prevent any feaman oj manner from having or main- taining any aclion at common law for the re- covery of his wages, or from immediate pro- ceis out of any court having admiralty jurif- diclion, whenever any (hip or veflel ir.ir be found, in cafe (lie flial! have left the po t of delivery where her voyage ended, before pay- ment of the wages, or in cafe ilie (hull be about to proceed to fea before the end of the ten days next after the delivery of her cargo or ballaft. Sec. 7. And Is it enabled, That if any fea- man or mariner, who fliall have ligned a con- trad to perform a voyage, mall at any port or place, defert, or fhall abfent himfelf from inch fhip or veflel, without leave of the. ma C M2 I f er? or oflicer commanding in the abfence of g the mafter, it fhall be lawful for any juftice of how p eace within the United States (upon the com 60 be pro- r . P . n\ /r- i_ a- plaint or the mafter) to inue his warrant to a PP renen d f ucn deferter, and bring him before fuch juftice ; and if it fhali then appear by due proof that he has iigned a contract within the intent and meaning of this act, and that the voyage agreed for is not rimmed, altered, cr the contract otherwife difiblved, and that fuch feaman cr manner has deferted the fhip cr veflel, or abfented himfelf without leave, the faid juftice fhall commit him to the houfe of correction cr common gaol of the city, town or place, there to remain until the laid fhip or vefTel mall be ready to proceed on her voyage, or till the mailer fhall require his dif- charge, and then to be delivered to the faid mafter, he paying all the coil of fuch commit- ment, and deducting the fame out of the wages due to fuch feaman or naariner. ry riup Sec. 8. And be it enabled ', That every fhip or vcffd veiTei belonging to a citizen or citizens of the he United States, of the burthen of one hundred d anc | fifty tons cr u*pwards, navigated by ten with a me- J ,-. . x , ,, 11 J , dicinc or more perlons m the whole, and bound on che#; a voyage without the limits of the United States, ihall be provided with a cheft of me- dicines, put up by fome apothecary of known reputation, and accompanied by directions for adminiftering the fame ; and the faid medi- cines fhall be examined by the fame or fome other apothecary, once at lead in every year, and fupplied with freih medicines in the place of fuch as fhall have been ufed or fpoiled ; jjeinify on and i n default of having fuch medicine-chefl tL- Baiter f o provided, and kept fit for ufe, the mafter or commander of fuch fhip or veiTel (hall pro- C M3 1 vide mid pay for all fuch advice, medicine, or aiivridvince of phyiicians, as any of the crew fhall icand in need of in cafe of ficknefs .it every port or place where the fhip or veffjl may touch or trade at during the voyage, without any deduction from the wages of fuch fick fearnan or mariner. Sec. 9. And be it ena^lcd^ That every fhip ships &c. or vcjfcl, belonging as aforefaid, bound on a 1"""^^ voyage acrofs the Atlantic ocean, fliall, at Atlantic, the time cf leaving the lai ; : pen from whence me fails, have on board, well fecured under deck, at leafl fixty gallons of water, one hun- dred pounds of faked fleih meat, aiv.1 ohe hundred pounds of wholefome fliip-bread, for every perfon on board fuch fhip or vefFel, over and befkles fuch other provifionjs, florcs and live-dock as fhall by the mailer or pafTengers be put on board, and in like proportion for ihr/rtcr or longer voyages ; and in cafe the crew of any fhip or vcifel, which fhall not have bees, fo provided, fhall be put upon mort al- i < imut - lowance in water, ftefli or bread, during the voyage, the mafler or owner of fuch fhip or veifel fliall pay to each of the crew, one day's wages beyond the wages agreed on for every day they fhall be fo put to fhcrt allowance, to be recovered in the fame manner as their fli- pulated wages. FREDERICK AUGUSTUS MUHLENBERG, Speaker of the Houfe of Reprefentatives. JOHN ADAMS, Vice-Prefident cf the United States, and Prefident of the Senate. APPROVED, July the twentieth, 1790 : GEORGE WASHINGTON, Prefident cf the United States. [. 144 J CHAPTER XXX.. : Acl inpoftng Dull:.; on ib: Tow:;:^ of . or Vef/els. > Section i. TJ E it enacted by the Senate and JLJ Hoitfe of Reprcfeniatives of the Uniisd States of America in Con^rcfe affembled, That upon all (hips or veffels \vhich after the rirlt day of September next, ihall be entered in the United States from any foreign port or place, there fliall be paid the fever al and ref- peclive duties following. that is" to fay : On X O 7 J or m i? s or veflels of the United States, at the t r -te cf fix cents per ton ; on mips or vefTels u. states j k u ij t w j t j,: n t j le u n i tec | States after the twen- on thofe of tietli day of July lail, but belonging wholly or tor ^ncrs ; j n p ar t to fubjecls of foreign po\vers, at the on ail others rate ^ t^^ty cents per ton : on other fhips or veiTels at the rate of iifiy cents per ton. Sec. 2. And be it further enacted \ That the On fiimsor aJForefaJd duty of fix cents per ton, fhall be \-{-:i'ds o: a lfo paid upon every fhip or veilel of the mdlnTbe- United States which after the laid lirfl day of t\vt- n d'-r- September next, mail be entered in a diftricl in cUftria" one ^ ate f rom a diftrid in another flate, other than an adjoining fiate on the fea coafi or on a navigable river, having on board goods, wares, and merchandize taken in one (late to be delivered in another flate : Provided^ That it fhall not be paid on any fhip or veifel hav- ing a lic'enfe to trade between the diiterent diltricls of the United States, or to carry on the bank or whale hmeries whilfl employed therein, more than once a year, Sec. 3. And be it further enacled. That up- on every fhip or veffel not of the United States, which after the faid firft day of Sep- C '45 1 ber next, mall be entered in one diftrict from another diftrid, having on board goods, \vares and merchandize taken in, in one dif* trie* to be delivered in another diitrid, there. Sa fliali be paid at the rate of fifty cents per ton. And whereas it is declared by the tv/enty- lliird feclion of the ad, intituled, " An aft for redftering and cleariner veflels, regula- "*ge here- i n* i r i r totore cx- tmg the coaRmg trade, and for other purpoies, a a ct ! on " That if any veflel of the burthen of twenty ceriaj ." v <*- , . r J c fcls of the tons or upwards, not having a certificate or u. states, regiflry or inrollment, and a licenfe, {hall be found trading between different diftricts, or be employed in the bank or whale fisheries, every fuch fhip or veflel lhall be fubjecl to the fame tonnage and fees as foreign fhips or veflels," which, from the impracticability in fome cafes of obtaining licenfes in due feafon, and from mifappreheniion in others, has ope- rated to the prejudice of individuals ; and it being proper that relief fliould be granted in cafes where the. ftricl operation of new laws may have occafioned hardfhip and inconve- nience : Sec. 4. Be it therefore further enafted^ That re ftj tut : dn H all cafes in which the faid foreign duty ^ b c made fhall have been heretofore paid on fhips or r vefTels of the United States, whether re?i(l:er- , , . r c j ed at the time of payment or aiterwards, reilitution thereof (hall be made, and that no fuch foreign duty {hall hereafter be deman- ded on the faid (hips or veflels. Sec. 5. And be It further enafled, That the Repcal of act, intituled, " An act impofing duties on ton- former a nage," (hall, after the (aid firft day of Septem- ber next be repealed, and {hall thenceforth VOL. I. T n0t man in future* C 146 ] Ceafe to operate, except as to the colle&ion of the duties which fhall have accrued prior to the faid repeal, for which purpofe the laid acl: fliall continue in force. FREDERICK AUGUSTUS MUHLENBERG, Speaker of the Henfe of Reprefentdtives. JOHN ADAMS, Vice-Prefident of the United States , and Prefident of the Senate* APPROVED, July the twentieth, 1790: GEORGE WASHINGTON, Prefident of the United States. CHAPTER XXXI. An Aft providing for holding a Treaty or Trea- ties to eftabyh Peace with certain Indian Tribes. (EXPIRED.} CHAPTER XXXII. An A 61 to amend the Ad for the Eftablijhment and Support ofLight-Houfes, Beacons, Buoys ; and public Piers. (EXPIRED.) I 147 1 CHAPTER XXXIII. An Ad to regulate Trade aud Intercourfe with the Indian "Tribes. C REPEALED.} CHAPTER XXXIV. An Aft making Provt/ion for the Debt of the United States. HERE AS juftice and the fupport of public credit require, that provifion Rccital * fhould be made for fulfilling the engagements of the United States, in refpect of their fo- reign debt, and for funding their domeflic debt upon equitable and fatisfa&ory terms : Section i. B E it enabled by the Senate and Houfe of Reprefentativcs of the United States of Dutiefi America in Congrefs afjembled^ That referving imports & out of the monies which have arifen fmce the lad day of December laft pad, and which mail hereafter arife from the duties on goods, wares and merchandize imported into, the United debt & fu States, and on the tonnage of mips or veflels, ^J^ 1 the yearly fum of fix hundred thoufand dol- fiy thou- lars, or fo much thereof as may be appropri- ated from time to time, towards the fupport for of the government of the United States, and their common defence, the refidue of the faid monies, or fo much thereof, as may be necef- fary, as the fame mall be received in each year, next after the fum referved as aforefaid, mail be, and is hereby appropriated to the payment of the interefh which mall from time to time become due on the loans heretofore made by t '43 J the United States in foreign countries ; and alfo to the payment of intered on inch further loans as may be obtained for discharging the arrears of interefl thereupon, and the \vhole or any part of the principal thereof; to conti- nue fo appropriated until the faid loans, as well thofe already made as thofe which may be made in virtue of this act, mall be fully fa- tisfied, puriuant to the contracts relating to the fame, any law to the contrary notwith- franding. And provided. That nothing herein contained, mall he conlhued to annul or alter any appropriation by law made prior to the palling of this act. Tor pay- And as new leans are and will be necefTary ^ or ^ Q P a y ment f tne aforefaid arrears of in- tercfl, and the inilalments of the principal of tne faid foreign debt due and growing due, and may alfo be found expedient for effecting an entire alteration in the ftate of the fame : Sec. 2. Be it further enacted, That the Pre- may make fideiit of the United States be, and he is here- and con-* by authorized, to caufe to be borrowed on be- na |f o f the United States, a fum or fums, not exceeding in the whole twelve million of dol- lars ; and that fo much of this fum as may be neceflary to the difcharge of the faid arrears and inftalments, and (if it can be effected upon terms advantageous to the United States) to the paying off the whole of the faid foreign debt be appropriated folely to thofe purpofes : And the Prefident is moreover further autho- rized to caufe to be made fuch other contracts relpecting the faid debt as mall be found for the interefl cf the faid ftates. Pr vided never- thelefs^ That no engagement nor contract mall, be entered into which ihall preclude the United L '49 I States from rciniburfing any fum or funis bor- rowed within fifteen years after the fame mall have been lent or advanced. And whereas it is defirable to adapt the na- ture of the provifion to be made for the do- meftic debt to the prefent crrcurnftances of the United States, as far as it mail be found prac- ticable, confidently with good faith and the rights of the creditors ; which can only be done by a voluntary loan on their part : Sec. 3. Be it therefor: further enatted, That a loan to the full amount of the faid domeftic loaned u> debt, be, and the fame is hereby propofed; and jjjjjjjj^ & that books for receiving fubfcriptions to the fubfcrip- faid loan be opened at the Treafury of the *$?% United States, and by a commiilioner to be be' made; appointed in each of the faid dates, on the and firft day of October next, to continue open until the lad day of September following in- clufively ; and that the fums which mail be fubfcribed thereto, be payable in certificates ifiued for the faid debt, according to their fpe- cie value, and computing the intcred upon fuch as bear intered to the lad day of Decem- ber next, inclufively ; which laid certificates mall be of thefe feveral defcriptions, to wit : Thofe imied by the regider of the treafury. h^^t Thofe ilfued by the commiflioners of loans P a - vablc - in the feveral dates, including certificates given purfuant to the ad of Congrefs of the fecond of January, one thoufand feven hundred and feventy-nine, for bills of credit of the feveral emiffions of the twentieth of May, one thou- fand feven hundred and feventy-feven, and the eleventh of April, one thoufand feven hun- dred and feventy-eight. Thofe iffued by the commiflioners for the C 150 ] adjuftment of the accounts of the quarter- mafter, commifoy, hofpital, clothing, and ma- rine departments. Thofe ilTued by the commilfioners for the adjuftment of accounts in the refpe&ive ftates. Thofe iffued by the late and prefent pay- ma ft er general, or commiilioner of army ac- counts. Thofe ifiiied for the payment of intereft, commonly called indents of intereft. And in the bills of credit iffued by the au- thority cf the United States in Congrefs af- fembled, at the rate of one hundred dollars in the'faid bills, for one dollar in fpecie. . Sec. ; 7 be it further ci:a$ed y That for 3 t ^ r> or an y P art ^ an y ^ uni ifowbibed domefiic to lii; .(aid loan, by any perfon or perfons, or ^o'or-^ body-politic, which (hall be paid in the princi- tions of pal of the faid domeftic debt, the fubfcriber or ratr^t'- i^b.'cribcrs fhall be entitled to a certificate, pur- tcreft and porting that the United States owe to the hol- paymerft ^ er or borers thereof, his, her, or their'affigns, entitled to. p -. M to be exprefled therein, equal to two- thirds of the fum fo paid, bearing an intereft of fix per centum per annum, payable quar- ter yearly, and fubjecl to redemption by pay- ments not exceeding in one year, on account both of principal and intereft, the proportion of eight dollars upon a hundred of the fum mentioned in fuch certificate ; and to another certificate purporting that the United States owe to the holder or holders thereof, his, her or their ailigns, a fum to be exprefled there- in, equal to the proportion of thirty-three dollars and one third of a dollar upon a hun- dred of the fum fo paid, which after the year one thoufand eight hundred fhall bear an in- r i5 i tereft of fix per centum per annum, payable quarter yearly, and fubject to redemption by payments not exceeding in one year, on ac- count both of principal and intereft, the pro- portion of eight dollars upon a hundred of the fum mentioned in fuch certificate : Pro- vided, That it fhall not be underftood that the United States fhall be bound or obliged to redeem in the proportion aforefaid ; but it mall be underftood only that they have a right fo to do. Sec. 5. And be it further cnafted, That for the whole or any part of any fum fubfcribed ia! } -r"ft of to the faid loan by any peribn or perfons, or domcftic body politic which fhall be paid in the intereit proportion! of the faid domeftic debt, computed to fl ;.ip al faid laft day of December next, or in the faid 1. ,^ am j certificates iflued in payment of intereii:, com- n>< f i monly called indents of intereft, the fubfcri- emidcdt*. ber or fubfcribers fhall be entitled to a certifi- cate purporting that the United States owe to the holder or holders thereof, hi. . her or their afiigns, a fum to be fpecified therein, equal to that by him, her or them fo paid, bearing an intereft of three per centum per annum, payable quarter yearly, and fubject to redemption by payment of the fum fpeci- fied therein, whenever provifion fhall be made by law for that purpofe. Sec. 6. And be it further enafted, That a cnunif- commiffioner be appointed for each ftate, to J onc "^ refide therein, whole duty it fhall be to fuper- iSTeack intend the fubfcriptions to the faid loan ; to fta . tc l " , rc " i i r i f i ceive fub- open books for the fame ; to receive the cer- tificates which mall be prefented in payment thereof; to liquidate the fpecie value of fuch of them as mail not have been before liquida- ted j to iiilie the certificates above mentioned C 15* 1 in lieu thereof, according to the terms of each fubfcription ; to enter in books to be by him kept for that purpofe, credits to the refpec- tive fubfcribers to the faid loan for the fums to which they fhall be refpedliveiy entitled ; to transfer the faid credits upon the faid books from time to time as fhall be requifite ; to pay the interefl thereupon as the fame mall become due, and generally to obferve and perform fuch directions and regulations as mail be prefcribed to him by the Secretary of the Treafury, touching the execution of his of- fice. Sec. 7. And be it further enafted^ That the stock crca- ftock which mall be created purfuant to this ted by this al, fhall be transferable only on the books of t ' le treafury, or of the faid commiflioners ref- pe&ively, upon which the credit for the fame fhall exift at the time of transfer, by the pro- prietor or proprietors of fuch fleck, his, her or their attorney : but it fhall be lawful for the Secretary of the Treafury, by fpecial war- rant under his hand and the leal of the treafu- ry, counterfigned by the comptroller, and re- giltered by the regiiter, at the requefl of the refpective proprietors, to authorize the tranf- fer of fuch flock from the books of one com- miffioner to thofe of another commimoner^ or to thofe of the treafury, and from thofe of the treafury to thofe of a commiHicner. Sec. 8. And be it further enattcd^ That the interefl upon the faid flock, as the fame fhall paTObi. become due, mail be payable quarter yearly ; quarterly, that is to fay : One fourth part thereof on the lail day of March : one other fourth part thereof on the lafl day of June : one other fourth part thereof on the laft day of Sep- tember ; and the remaining fourth part there- [ '53 3 of on the laft day of December in each year, beginning on the lad day of March next en- fuing ; and payment fhall be made wherefo- ever the credit for the faid (lock mall exift at the time fuch intereft (hall become due ; that is to fay : At the treafury, if the credit for the fame fhall then exift on the books of the trea- fury, or at the office of the commiflioner up- on whofe books fuch credit fhall then exift. But if the intereft for one quarter fhall not be demanded before the expiration of a third quarter, the fame fhall be afterwards demand- able only at the treafury. And as it may happen that fome of the ere- ditors of the United States may not think fit to become fubfcribers to the faid loan : Sec. 9. Be it further enafled, That nothing ti^r rights in this aft contained fhall be conftrued in any wife to alter, abridge or impair the rights of thofe creditors of the United States, who fliall not fubfcribe to the faid loan, or the contracts upon which their refpeftive claims are foun- ded ; but the faid contracts and rights fhall re-- main in full force and virtue. And that fuch creditors may not be exclud- ed from a participation in the benefit hereby intended to the creditors of the United States in general, while the faid propofed loan mail be depending, and until it fhall appear from the event thereof what farther or other ar- rangements may be necefiary refpecting the faid domeftic debt : Sec. 10. Be it therefore further enaftcd. That fuch of the creditors of the United States as may not fubfcribe to the faid loan, fliall ne- verthelefs receive during the year one thou- fand feven hundred and ninety-one, a rate per VOL. I. V L 154 J to be paid centum on the refpective amounts of theif he refpective demands, including intereft to the amount of laft day of December next, equal to the in- lands tereft payable to fubfcribing creditors, to be the hiter ft ^ d ^ ^ ^ &me times, at the fame places., allowed to an( -l by the fame perfons as is herein before fubfcribing directed, concerning the intereft on the (lock creditors, i_ i_ i j*>'^ ri r j which may be created in virtue of the faid propofed loan. But as fome of the certificates ^ues^cir- now m circulation have not heretofore been cuiation,to liquidated to fpecie value, as moft of them are led & H new greatly fubject to counterfeit, and counter- ones iffued. feits have actually taken place in numerous inftances, and as embarraflment and impofr- don might, for thefe reafons, attend the pay- ment of intereft on thofe certificates in their prefent form, it mall therefore be neceffary to entitle the faid creditors to the benefit of the faid payment, that thofe of them who do not poflefs certificates iffued by the Regifter of the Treafury, for the regiftered debt, mould produce previous to the firft day of June next, their refpeclive certificates, either at the trea- fury of the United States, or to fome one of the commiflioners to be appointed as afore- faid, to the end that the fame may be cancel- led, and other certificates iflued in lieu there- of ; which new certificates mail fpecify the fpecie amount of thofe in exchange for which they are given, and mail be other wife of the like tenor with thofe heretofore iflued by the faid Regifter of the Treafury, for the faid re- giftered debt, and mail be transferable on the like principles with thofe directed to be iffued on account of the fubfcriptions to the loan hereby propofed. Sec. 1 1 . And be it further enacted. That the commiflioners who fhall be appointed pur- C '55 ] fuant to this a&, fhall refpe&ively be entitled to the following yearly falaries, that is to fay : The commiffioner for the ftate of New-Hamp- Commif- fhire, fix hundred and fifty dollars : The com- theMal* miflioner for the flate of Maflachufetts, fifteen ri <*- hundred dollars : The commiflioner for the {late of Rhode-Ifland and Providence Planta- tions, fix hundred dollars : The commiflion- er for the ftate of Connecticut, one thoufand dollars : The commiffioner for the ftate of New- York, fifteen hundred dollars : The com- miflioner for the ftate of New-Jerfey, feven hundred dollars : The commiflioner for the ftate of Pennfylvania, fifteen hundred dollars : The commiffioner for the ftate of Delaware, fix hundred dollars : The commiflioner for the ftate of Maryland, one thoufand dollars : The commiflioner for the ftate of Virginia, fifteen hundred dollars ; The commiflioner for the ftate of North-Carolina, one thoufand dollars : The commiflioner for the ftate of South-Carolina, one thoufand dollars : The commiflioner for the ftate of Georgia, feven hundred dollars : Which falaries fhall be in full compenfation for all fervices and expenfes. Sec. 12. And be it further wafted. That to take ati the faid commiflioners before they enter upon oath & en- the execution of their feveral offices, fhall b r n d!* refpectively take an oath or affirmation for the diligent and faithful execution of their truft, and fhall alfo become bound with one or more fureties to the fatisfaftion of the Se- cretary of the Treafury, in a penalty not lefs five thoufand, nor more than ten thoufand dollars, with condition for their good beha- vior in their faid offices refpectively. And whereas a provifion for the debts of s - ut dcbts the refpeftive ftates by the United States, would be greatly conducive to an orderly ceconomical and effectual arrangement of the public finances ; spumed, to s ec . i * fa // therefore further entitled* That amount of , , ** r i i r 3i,^co,oco a loan be propoled to the amount or twenty- loan' a r d (v one m ^ on an ^ fr ye hundred thoufand dollars, fed^7ya~ and that fubfcriptions to the faid loan be re- We jn cer- ce j ve j a t the fame times and places, and by tificates of . r r r -f ' . J the fiatc*, the fame perfons, as in refpea to the loan herein before propofed concerning the do- meftic debt of the United States. And that the fums which mall be fubfcribed to the faid loan, mall be payable in the principal and mtereft of the certificates or notes, which prior to the firft day of January laft, were iffued by the refpedive Itates, as acknow- ledgments er evidences of debts by them ref- pedively owing, except certificates iffued by the commiflioners of army accounts in the Hate of North-Carolina, in the year one thou- fand feven hundred and eighty-fix. ot exceed- Provided, That no greater fum fliall be re- ing a cer- chived in the certificates of any flate, than as tain iumm r TJ , r each. tallows ; that is to fay : In thofe of New-Hampfliire, three hundred thoufand dollars. In thofe of Maffachufetts, four million dol- lars. In thofe of Rhode-Ifland and Providence Plantations, two hundred thoufand dollars. In thofe of Connecticut, one million fix hundred thoufand dollars. In thofe of New-York, one million two- hundred thoufand dollars. In thofe of New-Jerfey, eight hundred thou- fand dollars. In thofe of Pennfylvania. two million twe hundred thoufand dollars. C 157 ] In thofe of Delaware, two hundred thou- fuiid dollars. In thofe of Maryland, eight hundred thou- fand dollars. In thofe of Virginia, three million five hun- dred thoufand dollars. In thofe of North-Carolina, two million four hundred thoufand dollars. In thofe of South-Carolina, four million dollars. In thofe of Georgia, three hundred thou fand dollars. And provided, That no fuch certificate (hall be received, which from the tenor thereof, or from any public record, act, or document, D <* 1)C Ihall appear or can be afcertained to have been iffued for any purpofe, other than compenfa- tions and expenditures for fervices or fupplies towards the profecution of the late war, and the defence of the United States, or of fome part thereof during the fame. Sec. 14. Provided alfo 'and be it further enac* ted, That if the total amount of the fums which mall be fubfcribed to the faid loan in the debt of any ftate, within the time limited for receiving fubfcriptions thereto, mail exceed ftate, what the fum by this aft allowed to be fubfcribed ffbT within fuch ftate, the certificates and credits paid. granted to the refpeclive fubfcribers, mail bear fuch proportion to the fums by them ref- peclively fubfcribed, as the total amount of the laid fums fliall bear to the whole fum fo al- lowed to be fubfcribed in the debt of fuch ftate within the fame. And every fubfcriber to the faid loan, mail, at the time of fubfcribing, de- pofit with the commiilioner the certificates or notes to be loaned by him. C 158 ] tf-s g ec> l ^ t ^ n j i e ft farther enacted \ That for wfcat pro- two thirds of any fum fubfcribed to the laid of loan, by any peribn or perfons, or body politic, cl, t . , Vi n i -1-1 T i nic of in- which Ihail be paid in the principal and m- teraw* oT d tere ^ f the certificates or notes iflued as afore- iwyment faid by the refpeclive dates, the fubfcriber or eutid to, f u bfcribers mall be entitled to a certificate, purporting that the United States owe to the holder or holders thereof, or his, her or their affigns, a fum to be expreiled therein, equal to two thirds of the aforefaid two thirds, bear- ing an intereft of fix per centum per annum, payable quarter yearly, and fubject to redemp- tion by payments, not exceeding in one year, en account both of principal and intereft, the proportion of eight dollars upon a'hundredof the fum mentioned in fuch certificate ; and to another certificate, purporting that the United States owe to the holder or holders thereof, his, her or their afiigns, a fum to be expreifed therein, equal to the proportion of thirty-three dollars and one third of a dollar upon a hun- dred of the faid two thirds of fuch fum fo fub- fcribed, which after the year one thoufand eight hundred, mall bear an intereft of fix per oentum per annum, payable quarter yearly, and fubject to redemption by payments, not exceeding in one year, on account both of principal and intereft, the proportion of eight dollars upon a hundred of the fum mentioned in fuch certificate ; and that for the remaining third of any fum fo fubfcribed, the fubfcribe* or fubfcribers (hall be entitled to a certificate, purporting that the United States owe to the holder or holders thereof, his, her or their af- figns, a fum to be expreffed therein, equal to the faid remaining third, bearing an intereft of three per cent, per annum, payable quarter [ '59 ] yearly, and fubject to redemption by payment of the fum fpecified therein whenever provi- lion mail be made by law for that purpofe. Sec. 1 6. And be it further enacted \ That the intereftupon the certificates which mall be re- ceived in payment of the fums fubfcribed'to- wards the faid loan, (hall be computed to the lafl day of the year one thoufand feven hun- dred and ninety-one, inclufively ; and the in- tereft upon the (lock which (hall be created by virtue of the faid loan, {hall commence or begin to accrue on the firft day of the year one thoufand feven hundred and ninety-two, and mall be payable quarter yearly, at the fame time, and in like manner as the intereft on the (lock to be created by virtue of the loan above propofed in the domeflic debt of the United States. Sec. 17. And be it further enacted. That if Sum a n ^. the whole fum allowed to be fubfcribed in the cd to *"-"/ debt or certificates of any (late as aforefaid, being "\^~ (hall not be fubfcribed within the time for that frrib^ihe purpofe limited, fuch flate (hall be entitled to C ei w inter- receive, and mall receive from the United cft on a ; /-, . n mount or States, an mtereit per centum per annum, upon deficiency, fo much of the faid fum as (hall not have been fo fubfcribed, equal to that which would have accrued on the deficiency, had the fame been fubfcribed in truft for the non-fubfcribing cre- ditors of fuch (late, who are holders of certi- ficates or notes irTued on account of fervices or fupplies towards the profecution of the late war, and the defence of the United States or of fome part thereof, to be paid. in like manner as the intereft on the (lock v/hich may be created by virtue of the faid loan, and to con- tinue until there {hall be a fetllement of ac- counts between the United States, and the in- C 160 ] dividual ftates ; and in cafe a balance fiia.ll then appear in favor of fuch ftate, until pro- vifibn fhall be made for the faid balance. But as certain Hates have refpectively ifTued their own certificates, in exchange for thofe of the United States, whereby it might happen that intereft might be twice payable on the fame fums : state ceni- Sec. 1 8. B it further enafted^ That the edkfueurf payment of interefl whether to dates or to indi- thofeof the viduals, in refpect to the debt of any ftate, by paymSrof wn i c ^ fuch exchange fhall have been made, jntereft on, fhall be fufpcnded, until it fhall appear to the ' fatisfadion of the Secretary of the Treafury, that certificates iflued for that purpofe by fuch ftate, have been re-exchanged or redeem- ed, or until thofe which fhall not have been re-exchanged or redeemed, fhall be furrender- ed to the United States. states Sec. 19. And be it further enaftfd^ That fo ^ti7a- le niuch of the debt of each ftate as fhall be fub- mount of fcribed to the faid loan, and the monies (if t>n. rip ~ an y) tnat ma ^ be advanced to the fame pur- fuant to this act, fhall be a charge againft fuch ftate, in account with the United States. Farther np- Sec. 2o, And be it further enacted r , That the propriadon monies anting under the revenue-laws, which of monies i i r r rr r ^ have been or during the prelent ieiiion of Con- the revenue r f s mav fo e pafTed, or fo much thereof as *avs to the b ; r ' purpofes of may be neceflary, fhall be and are hereby this acv. pledged and appropriated for the payment of the intereft on the ftock which fhall be created by the loans aforefaid, purfuant to the provi- fions of this act, firft paying that which fhall arife on the ftock created by virtue of the faid firft mentioned loan, to continue fo pledged appropriated, until the final redemption 3 &f the faid flock, any law to the contrary not 3 \vithftanding, fubject never thelefs to fuch re- fervations and priorities as may be requifite to fatisfy the appropriations heretofore made,, and which during the preient feflion of Con- l^refs may be made by law, including the i'uins herein before referved and appropriated : and to the end that the faid monies may be inviolably applied in conformity to this act, and may never be diverted to any other pur- pofe, an account mall be kept of the receipts and difpofition thereof, feparate and diftin-ct from the product ofjiny other duties, imports, excifes and taxes whatlbever, except fuch as may be hereafter laid, to make good any de- ficiency which may be found in the product thereof towards fatisfying the intereft afore- faid. Sec. 2 1 . And be it further enabled. That i r i r *T V i L nnd faith til the faith or the United States be, and the u. states fame is hereby pledged to provide and appro- P led l i r r c if- i make gcrtwl pnate hereafter fuch additional and perma- deficicn- nent funds as may be requifite towards fup- C1CS - plying any fuch deficiency, and making full provision for the payment of the intereft which lhall accrue on the ilock to be created by vir- tue of the loans aforefaid, in conformity to the terms thereof refpectively, and according to the tenor of the certificates to be granted for the fame purfuant to this act. Sec. 22. And be it further enabled. That Procccrfi the proceeds of the fales which fhall be made f-om of lands in the weftern territory, now belong- J^ ing, or that may hereafter belong to the Uni- {orm ted Stai-es, mall be, and are hereby appropria- ms fuuci ' ted towards finking or difchargiiig the debts, for ths payment whereof the United States iiov/ are, or by virtue of this act may b VOL. I. X C ic 2 3 den, and (hall be applied fclcly to that ufe un- til the laid debts fhall be fully iatidied. FREDERICK AUGUSTUS MUHLENBERG, Speaker of the Houfe of RcprefcnUi lives. JOHN ADAMS, Vice-Preftdsnt of the United States, and Prefidait of the Senate. APPROVED, Auguft the fourth, 1790 : GEORGE WASHINGTON, Prejldent of the United States. CHAP T E R XXXV. An Act to provide mere ejfe anally for the Collec- tion of the Duties Impofed by Law on Goods , Wares and Merchandise imported into the Uni- ted States, and on the 'Tonnage of Skits or Section i . IT} E // cnafted by the Senate and JO? Houfe of Rcprefentativcs of the United States of America In Congrefe qfjenibled, That for the Collection of the duties impofed by law on goods, wares and merchandize im- ported into the United States, and on the ton- nage of (hips or vciTels, there ihall be eftablifh- ed and appointed, diilricts, ports and officers, in manner following ; to wit : The ftate of New-Kampfhire fliall be one m N. diftrift, to be called the diilrid of Portfrnouth^ pihirc. of which the town of Pi rtfmouth ihall be the fole port of entry ; and the towns of Ne\v- caflle, Dover and Exeter, ports of delivery only : but all fhips or vefTcls bound to or from r 1*3 J either of the faid ports of delivery, fhall firll come to, enter and clear at Portiinouth ; and a collector, naval-officer and furveyor for i. faid diftrict fhall be appointed, to relide at Portfmouth. In the ftate of Maffachufetts fliall be twen- ty diftricls and ports of entry ; to \vit : New- l-aryport, Glouccfter, Salom and Beverly, as one -, Marblehead, Bofton and Charleftown, as feus one; Plymouth, Barnftable, Nautucket, Edgar- town, New-Bedford, Dighton, York, Bidde- ford and Pepperelborough, as one ; Portland, and Falrnouth, as one; Bath, Wifcairett, Pe- nobfcot, Frenchman's Bay, Machias and Paf- famaquady. To the diftricl of Newburyport mall be annexed the feveral towns or land- ing places of Almfbury, Salilbury and Haver- hill, which mall be ports of delivery only ; and a collector, naval-officer and furveyor for the diftricl (hall be appointed, to refide at Newbu- ryport. To the diftricl of Gloucefter ihall be annexed the town of Manchefter, as a pert of delivery only ; and a collector and furveyor fhall be appointed, to reficlc at Gloucefter. To the diftricl of Snlcm and Beveily (hail be an- nexed the towns or landing pla.es of Darv- vers and Ipfwich, as ports of delivery only ; and a collector, naval-officer and furveyor for the Hftricl ihall be appointed, to refide at Sa- lem,- ^pd a furveyor to refide at each of the towns of Beverly and Ipfwich. To the diftricl: of Marblehead ihall be annexed the town of Lynn, as a port of delivery only ; and a col- lector for the diftrict mail be appointed, to re- fide at Marblehead. To the diftrict of Boftoa and Charleftown fhall be annexed the towns-. or landing places of Medford, Cchaffet and Hingham, as ports of delivery only j and a [ 164 ] & colle&or, naval-officer and furveyor fhall be appointed to refide at Boilon. To the diftricl: fctta. o f Plymouth (hall be annexed the feveral towns or landing places of Scituate, Duxbury and Kingfton, as ports of delivery only ; and a collector for the diftricl: ihall be appointed, to refide at Plymouth. To the diilrift of Barnftable fhall be annexed the feveral towns or landing places of Sandwich, Falmouth, Harwich, Welfleet, Provincetown and Chat- ham, as ports of delivery only ; and a collec- tor for the diftricl: (hall be appointed, to refide at Barnftable. To the diftricl: of Nantucket the port of Sherburne mall be the fole port of entry and delivery within the fame, and a col- lector fhall be appointed, to refide at Sher- burne. In the diftricl: of Edgartown a collec- tor fhall be appointed, to refide at Edgartown. To the diftricl: of New-Bedford mall be an- nexed Weftport, R.ochefter and Wareharn, as ports of delivery only ; and a collector for the diftricl mall be appointed, to refide at New- Bedford, To the diftricl: of Eighton (hall be annexed Swanfey and Freetown, as ports of delivery only ; and a collector for the diftricl: fhall be appointed, to refide at Dighton. To the diftricl of York fliall be annexed Kittery and Berwick, as ports of delivery only ; and a collector for the diftricl: fhall be appointed, ta refide at York. To the diftrift of Biddiford and Pepperelborough fhall annexed Scarbo- rough, Wells, Kennebunk and Cape Por^ poife, as ports of delivery only ; and a collec- tor for the diftricl: mall be appointed, to refide at Biddeford. 'Tothe diftricl of Portland, and Falmouth (hall be annexed North-Yarmouth Brunfwick, as ports of delivery only ; and eelle&or and furvacr fcali be for the diftricl, to refide at Portland. To the ciftrias & diftricl of Bath fhall be annexed Hollowell, Pittitown and Topfham, as ports of delivery only ; and a collector for the diftricl fhall be appointed, to refide at Bath. To the diftrict of WifcafTet fhall be annexed Briftol, Boothbay, Warren, Thomafton and Waldoborough, as ports of delivery only ; and a collector for the diftrict mall be appointed, to refide at Wifcaf- fet. To the diftrict of Penobfcot fhall. be an- nexed Frankfort, Sedgwick-Point anil Deer- Ifland, as ports of delivery only ; and a collec- tor for the diltrid fhall be appointed, to refide at Penobfcot. To the diftrict of Frenchman's Bay fliall be annexed Union River, as a port of delivery only ; and a collector for the dif- tricl fliall be appointed, to refide at French- man's Bay. For each of the diftricts of Ma- chias and PafTamaquady fliall be appointed a collector, to refide at the laid ports oi Machias and Paffamaquady, r^fpectiveiy. The diftricl of Newburyport fhall include all the waters and fhores from the ftate of New-Hampfhire to the north line of Ipfwich. The diftricl of Gloucef- ter fliall include all the waters and fhores in the towns of Gloucefter and Manchefter. The diftrict of Salem and Beverly fhall include all the fhores and waters within the towns of Ipf- wich, Beverly, Salem and Danvers. The dif- trict of Marblehead fhall include all the wa- ters and fhores within the towns of Marble- head and Lynn. The diftrict of Bofton and Charleftown fhall include all the waters and mores within the counties of Midulefex and Suffolk. The diftrict of Plymouth, fhall in- elude all the waters and mores within the county of Plymouth, excepting the tow : ;s of \Vareham and Rochefter. The diftricl of L' 166 ] & Barnflable fnall include all the (bores and waters w'rthm the county of Barnftable. The diflrift &" of Nantucket fhall include the iiland of Nan- tucket. The diftria of Edgartpwn (hall in- clude all the waters and fhores within the county of Duke's County. The diftrid of Ncw- Bedford fhall include all the waters and (hores within the towns of New-Bedford, Dartmouth, Weflport, Rochester and Wareham, together with all the iflands within the county of Brif- tcl. The diflria of Dighton fhall include all tlie wafers and (hores on Taunton river, and in the town of Rchoboth ; and the collegers of the feveral diflrids v/ithin that part of the (late of Maffachuietts eaftward of New-Hamp- flnre, fhall agree, as foon as may be, upon a divifional line between their refpe&ivediftrifts, and tranfmitvthe fame to the comptroller of the treasury ; and fuch diftrids, fo agreed upon, fhall include all the fhores, waters and iflands within the fame. And in cafe of difagreement between any of the faid collectors, concern- ing fuch divifional line, the Secretary of the Treafury fhall determine the fame. Diftri&s & & 1 tnc ^ ate ^ Rhode-Ifiand and Provi- ports in R. dence Plantations, there fnall be two dif- liland, & c . the diftricl of Providence. The diflria of Newport fhall comprehend all the waters, fhores, bays, harbors, creeks and inlets, from the weft fine of the faid flate all along the fea coall and'northward up theNarraganfetBay, as far as the mod eaflerly part of Kihnimicut Point at high water mark ; and mall include the feveral towns, harbors, and landing places at Wedcrly, Charlefton, South-Kingiiown,, North-Kingilown, Eaft-Greenwich, and all that part of Warwick fouthward of the lali^ tude of faid Kinnimicut Point ; and alfo the towns, harbors and landing places of F er- ring-ton, Warren, Briftol, Tiverton, Little- Compton, and all the towns, harbors and landing places of the iHand of Rhode-Ifland, James Town, Prudence, New-Shoreham, and every other iiland and place within the ibid fhte fcuthward of the latitude of the faid Kinnimicut Point. The diflricl of Providence ihall comprehend all the waters, fhores, bays, harbors, creeks and inlets within the faid flate, northward of the latitude of Kin- nimicut. Point. The town of Newport fhali be the fole port of entry in the faid didrict of Newport ; and a collector, naval-officer, and furveyor fhall be appointed, to refide at the faid town of Newport ; and Nerth-Kingftown, Eafl-Greenwich, Barrington, Warren, Briftol raidPawcatiick river inWeiler!y,fhallbeports of delivery only ; and a furveyor fhall be appoin- ted, to refide at each of the ports of North- Kingflown, Eafl-Greenwich, Warren, Briftol and Pawcatuck river, and the furveyor t fide at Warren fhall be furveyor for the pert of Barrington. The town of Providence (hall be the fole port of entry in the faid diflricb of Providence, and Patuxet in the fame diftricc mall be a port of delivery only ; and collector, nvval-officer and furveyor fhall be appointed, to refiile at Providence, and a furveycr fhdl be appointed to reildc at Patuxc:. In the fhte of Conneclicut fnall be three didricls, to wit : New-London, Ne\v-I-Iaven, and Fairfield. The diltrict of New-London fnall extend from the eaft line of the laid Hate fcf Conneclicut, to the \vefl line of the town of Kiliingfworth, and north to the fouth line of the flate of Maffiichufytts j and fhcill :.!!b in- C '63 ] etude the feveral towns or landing places of Norwich, Stonington, Groton, Lyme, Say- brook, Had dam, Eaft-Haddarri, Middletown, Chatham, Weathersfield, Glaftenbury, Hart- ford, Eaft-Hartford, Windfor, Eajl-Windfor, and Killingfworth, as ports of delivery only ; New-London to be the fole port of entry ; and a collector and furveyor for the diflril mall be appointed, to reiiae at New-London ; and a furveyor to refide at each of the ports of Stcnington and Middletown. The diftrict of Ndw-Haven mall extend from the weft line of the didritl of New-London, wefterly to Ou- fatumnick river ; to which mall be annexed the feveral towns or landing places of Guild- ford, Branford, Milford and Derby, as ports of delivery only ; New-Haven to be the fole port of entry ; and a collector and furveyor for the diitrict mall be appointed, to refide at New-Haven. The diilrict of Fairfteld mail in- clude all the ports and places in the laid ftate of Connecticut weft of the diftrict of Mew-Ha- ven ; to which mail be annexed the feveral towns or landing places of Nor walk, Stratford, Stamford, and Greenwich, as ports of delive- ry only ; Fairfield to be the fole port of entry ^ and a collector for the dilirict mall be appoin- ted, to r elide at Fairfield. And New-London, New-Haven, and Fairfield, mall feverally be ports of entry. & ^ the ftate of New-York fhall be two dif- . York, tricts ; to wit : Sagg-Harbor on Naffau or Long- Ifland, and the city of New- York, each of which fliall be a port of entry. The diflrict cf Sagg-Harbor mall include all bays, har- bors, rivers and mores within the two points of land which are called Oyfler-Pond Point, and Montauk- Point ; and a collector for the L '6 9 ] district fhall be appointed, to refide at Sagg- Harbor, which (hall be the only place of de- livery in the fai J diftricl. The diftricl of the city of New- York fhall include fuch part of the coafts, rivers, bays and harbors of the faid Hate, not included in the difftricl of Sagg- Harbor ; and moreover the feveral towns or landing places of New-Windfor, Newburgh, Poughkeepfie, Efopus, city of Hudfon, Kin- derhook, and Albany, as ports of delivery only ; and a naval officer, collector and fur- veyor for the diftricl fhall be appointed, to re- fide at the city of New- York ; alfo two fur- veyors, one to refide at the city of Albany, and the other at the city of Hudfon; and all (hips or veiTels bound to or from any port of deli- very within the lad named diftricl:, fhall be obliged to come to, and enter or clear out at the city of New- York. In the ftate of New-Terfey fhall be four dif- _..,. . . rs . -^ i i { -n i- DiftriAs trices ; to wit : Pcrth-Amboy, Burlington, ports in Bridgetown, and Great Egg-Harbor, which N< J erfe ?* fhall feverally be ports of entry. The diftricl: f Perth-Amboy fhall comprehend all that part of the ftate of New-Jerfey, known by the name of Eaft New-Jerfey (that part ex- cepted which is hereafter includecLin the dif- tricl of Burlington) together with all the wa- ters thereof heretofore within the jurifdiclion of the faid ftate ; in which diftricl the towns or landing places of New-Brunfwick, Mid- dletown-Point, Elizabeth-Town, and New- ark, fhall be ports of delivery only ; and a col- leclor for the diftricl fhall be appointed, to refide at Perth-Amboy. The diftricl of Bur- lington fhall comprehend that part of the faid ftate known by the name of Weft New-Jer- fey, which liss to the caftward and northward VOL. L Y C 170 ] f ^ 1C . ccurit y f Gloucefter, \vith all the ters thereof heretofore within the jurifdidion N, jerky, ^f^g fojj fl at e, including the river and inlet of Little Egg-Harbor, with the waters empty- ing into the fame, and t-he fea-coaft, found, inlets and harbors thereof, from Barnegat inlet to Brigantine inlets, in which diitricl the land- ing places of Lamberton and Little Egg-Har- bor (hall be ports of delivery only ; and a collec- tor (hail be appointed for the diftricl, to re- fide at Burlington, and a furveyor at Little Egg-Harbor. The diftriel of Bridgetown ihall comprehend the counties of Gleucefter, Sa- lem, Cumberland, and Gape-May (fuch part of the counties of Glouceiter and Cape-May as ihall be herein after included in the diftricl of Great Egg-Harbor, excepted) and all the waters thereof heretofore within the jurifdic- tion of the faid Rate ; and the town of Salem and Port Elizabeth, on Maurice river, mail be ports of delivery only ; and a colleclor ihall be appointed, to refide at Bridgetown. The diftrift of Great Egg-Harbor ftali com- prehend the river of Great Egg-Harbor, toge- ther with all the inlets, bays, found, rivers and creeks, along the fea coaft, from Brigan- tine inlet to Cape-May ; and a collector mall, be appointed, to refide at Somers's Point, on* the faid river of Great Egg-Harbor. ^^ e ^ ate * P enn fyl vam ' a ma ^ be one dif- trict, and Philadelphia ihall be the fole port - o f entry, and delivery for the fame ; and a, collector, naval-officer and furveyor for the diftricl: ihall be appointed, to reiide at the faid n port of Philadelphia. gdrts in ^ Re ft ate f Delaware (hall be one diftricl, Delaware, and the borough of Wilmington (hall be the port of entry, to which fhall be annexed New- caftle and Port Penn, as ports of delivery oji- C '7 1 J Sy ; and a collector for the diftricl: (hall be appointed, to refide at the faid port of Wil- mington. In the ftate of Maryland (hall be nine Rdtttution equal to the value cr iuch goods, not inciu- of them if d^d in iuch manifeft or manifeits : PJt'wtdcd of* bouiui. . ; ed to require the delivery of any fuch co- py to any other officer ; but it fhall be fuffi- cient in refpecl to any luch other officer , to produce and mew to him the faid origii:,u ma- nifcifc or manifeits, and the certificate or cer- tificates thereupon. Pr n-.it' on ^ ec * I2 ' -And be it further wafted. That if ii'egiea ' the mailer or other perfon having the charge thercoi. or command of any fliip or veilel laden as aforefaid, and bound to any port or place in the United States, mall not upon his arrival within four leagues of the coaft thereof, or within the limits of any diftricl: thereof, where the cargo of fuch (hip or veffel or any part thereof is intended to be difcharged, produce fuch manifeft or manifests in writing, to the proper officer or officers upon demand thereof, and alfo deliver fuch copy or copies thereof as aforefaid according to the directions of this act in each cafe, or fhall not give an account of the deflination of fuch {hip or veffel, which he is hereby required to do, upon requefl of iuch officer or officers, or mall give a fnlfe ac- [ '93 ] count of the faid deftination, in order to evade the production of the faid manifeft or mam- feds, the faid matter or other perfon having the charge or command of fuch (hip or veffel, mall forfeit for every fuch refufal, neglect or offence, a fum not exceeding five hundred dol- lars. And if fuch officer or officers firft com- p cn aity on ing on board, in each cafe within the diftance thc ot * ccr or limits aforelaid, mail neglect or refufe to certify on the back of fuch manifeft or mani- ***& fe(h, the production thereof, and the delivery (e of fuch copy or copies refpectively, as are here- in before directed to be delivered to fuch of- ficer or officers ; every fuch officer, fo neglec- ting or refufing mail forfeit and pay the fum , of five hundred dollars. Sec. 13. And be it further enafted^ That if penalty for after the arrival of any (hip or veffel fo laden uulad x "f th ^ with goods as aforefaid, and bound to the ou auTho- United States, within the limits of any of the ty> aud diilricts of the United States, or within four leagues of the coafl thereof, any part of the cargo of fuch (hip or ^veffel mail be unladen for any purpofe whatever, from out of fuch fhip or veifel as aforefaid, within the limits or diftance aforefaid, before fuch fhip or veffel mall come to the proper place for the difcharge of her cargo or fome part thereof, and (hall be there duly authorized by the proper officer or officers of the cufloms, to unlade the fame, the mailer or other perfon having the charge or command of fuch fhip or veffel, and the mate or other perfon next in command, mall refpectively forfeit and pa*y the furn of one forfeiture thoufand dollars ; and the goods, wares and thereuf ; merchandize fo unladen and unfhipped, mail be forfeited and loft, except in the cafe of fome unavoidable accident, neceffity or diftrefs of VOL, I, B 2 [ 194 ] except m weather ; of which unavoidable accident, ne- cafcs of ac- ceflity or diftrefs, the mailer or other perfon ciiare!s? r having the charge or command of fuch fhip or veffel, fliall give notice to, and together with two or more of the mariners on board fuch fhip or veflel, mail make proof upon oath before the collector or other chief officer of the cuftoms of the diftricl:, within the limits of which fuch accident, neceflity or diftrefs mail happen, or before the collector or other chief officer of the firft diftricl: of the United States within the limits of which fuch fhip or vefiel ihall afterwards arrive, if the faid accident, ne- ceffity or diftrefs mall have happened not with- in the limits of any diftricl:, but within four leagues of the coaft of the United States, (which oath the faid collector or other chief officer is hereby authorized and required to adminifter.) of Sec. 14. And be it further enafted^ That if - an y goods, wares or merchandize fo unladen goodsfex- from on board of any fuch fhip or veffel, mall ceptinfuch b e p ut or received into any other fhip, veflel or cafes,tofor- . , r r r i i feit treble boat, except in the caie or Inch accident, ne- $ lt: y or diftrefs as aforefaid, to be notified $< and proved as aforefaid, the faid mafter or other perfon having the charge or command of the fhip, veflel or boat into which the faid goods fhall be fo put and received, and every other perfon aiding and affifting therein, fhall forfeit treble the value of the faid goods ; and the faid fliip, boat or veflel fhall alfo be for- feited and loft. Matters of Sec. 15. And be It further enafted, That if anv fl^p or ve ff e } wn tch mail have arrived with- mcur ape- . . r ..._ r . TT . , ~ naity for m the limits or any diftnct of the United States In^'d^ftriS ^ rom an y foreign port or place, fhall depart after arriv. or attempt to depart from the fame, unlefs, to C J 95 ] proceed on her way to fome more interior '"g' if i i n 11 IIP do not en ~ diftncl: to which me may be bound, before ter, except report or entry fliall have been made by the l ?. n ca>f f* of J . . J diitrei* ; mafter or other perfon having the charge or command of fuch fhip or veflel, with the col- leftor of fome diftrid of the United States, the faid mafter or other perfon having fuch charge or command fliall forfeit and pay the fum of four hundred dollars. And it fhall be lawful for any collector, naval-officer, furvey- or, or commander of any of the cutters here- in after mentioned, to arreft and bring back, or caufe to be arrefted and brought back, fuch fhip or veflel, to fuch port of the United States to which it may be moft conveniently done. Provided, That if it fliall be made to appear by the oath of the faid mafter or other perfon hav- ing the charge or command of fuch fhip or veifel, and of the perfon next in command, or other fufficient proof to the fatisfa&ion of the collector of the diftrict within which fuch fhip or veflel fliall afterwards come, or to the fatif- faclion of the court in which the profecution for fuch penalty may be had, that the faid de- parture, or attempt to depart, was occafioned by diftrefs of weather, purfuit or durefs of enemies, or other neceffity, the faid penalty fliall not be incurred. Sec. 1 6. And be it further enafted, That Tomakean within twenty-four hours after the arrival of any fhip or veflel from any port or place, at any port of the United States eftablifhed by law, at which an officer of the cuftoms refides, or within any harbor, inlet or creek thereof, if the hours of bufmefs at the office of the chief officer of the cuftoms at fuch port will permit, or as foon thereafter as the faid hours will permit, the mafter or other perfon having C 196 ] the charge or command of fuch fhip or veflel, fhall repair to the faid office, and mail make report to the faid chief officer of the arrival of and a re- the faid (hip or veflel : and within for ty-ei flit port of his i r r i i IT r cargo with- hours after Inch arrival, hail make a farther In 48 hours; report[tothe colleftorof the faiddiftridin which fuch port may be, of the name, burthen and lading of fuch ihip or veflel, whether in pack- ages or flowed loofe, and of the particular marks, numbers and contents of each package, and the place or places, peribn or peribns to or for which or whom they are refpedively configned or deftined, alfo of the place or places where fhe took in her lading, of what country built, from what foreign port or place ihe laft failed, who was mafter or commander of her during the voyage, who is at the time of fuch report mafter or commander of her, and (if a veflel of the United States) who are owners of her ; unlefs the whole of fuch in- formation required on the fecond report as aforefaid, fhall have been given at the time of making the firft report, in which cafe it ihall not be necefTary to make a further re- port. And in the cafes in which the mafter or perfon having the charge or command of any fhip or veflel herein before required to have on board at the time of her departure from fuch foreign port or place for the Uni- ted States, a manifeft or manifefts of the lad- ing of fuch ihip or veflel, or of any part there- of, the faid mafter or perfon having the faid charge or command, fhall, at the time of mak- ana Deliver i n g the faid report, deliver the faid manifeft fherec-J 1 \o or manifefts to the collector to whom the faid the coiicc- report fhall be made, and fhall declare to the truth of fuch manifeft or manifefts, as the fame ought to be, in conformity to the directions C of this aft. And the faid matter or perfon hav- ( ing the charge or command of any fuch (hip oab of or vcflcl, fcall in each cafe declare that no part of her lading, fmce her departure from the faid foreign port or place from which me ihall be fo reported to have lait failed, has been landed cr unladed, or otherwife removed from } vil< ; rc . hc i n 11 i r loaded. on board 01 her, except as he ihall then ipe- city, together with the caufc, time, place and manner ; and ihall further declare, that in cafe he ihall afterwards' difcover or know of any goods, wares or merchandize, other than thofe by him then reported, he will forthwith thereafter make report thereof to the laid col- . lector : which report and declarations refpec- tively ihall be in writing, figned by the party making the fame, and ihall be attefted by his oath, to the bed of his knowledge and belief ; and the faid collector is hereby authorized and required to admimfter the fame. .And if the faid mailer or perfon having the charge or command of any fuch ihip or velTel iball ne- gleet or omit to make the faid reports, or ei- ther of them, and declaration or declarations, or to deliver the faid manifefl or manifefts, or to take the faid oath, as the cafe may require, he ihall for every fuch offence forfeit and pay the fum of one thoufand dollars. Sec. 17. Provided always , and be it further wafted. That it ihall not be necelfary for the mafter or perfon having the charge or com- or 'packets mand of any ihip or veflel of war, or of any ^"n ihip or veflel employed by any prince or (late, entry, as a public packet for the conveyance of let- ters and difpatches, and not permitted by the laws of fuch prince or ilate to be employed in the tranfportation of goods, wares or merchan- t 198 3 dize in the way of trade, to make fuch report and entry as aforefaid. Scc> l8 ' And be lt f urther enatfed, That it arriving & fhall be lawful for the faid fhip or veflel to 1 o- P rocee d with any goods, wares or merchan- toa dize brought in her, which (hall be reported ky the faid matter or other perfon having the charge or command of the laid fhip or .veflel, to be deftined for any foreign port or place from the diftrict within which fuch fhip or vef- fel mail firft arrive, to fuch foreign port or place, without paying or fecuring the payment of any duties upon fuch of the faid goods, wares or merchandize, as (hall be actually re- exported in the faid fhip or veflel accordingly ; any thing herein contained to the contrary After giv- notwithstanding. Provided always, That the thit b hf s d faid mafter or perfon having the charge or cargo (hail command of the faid fhip or veflel mall firft ded'in the gi ye bond with one or more fureties, in afum united equal to the amount of the duties upon the ouffTriUa" faid goods, wares and merchandize, as the fame tercd. {hall be eftimated by the collector to whom the faid report fhall be made, to the fatisfaction of the laid collector, with condition that the faid goods, wares or merchandize, or any part thereof, fhall not be landed within the United States, unlefs due entry thereof fhall have been firft made, and the duties thereupon paid or fccured according to law^, which bond fhall be cancelled in like manner as bonds herein after directed to be given for obtaining draw- Bond not to backs of duties. Provided nevertheless. That l e he^ef' d f uch bond mal1 n t be required in refpeft to feu put in the goods on board of any fhip or veflel which fhall have put into the United States from ne- ceflity, to be made appear in manner herein after prefcribed. 3 Sec. 19. And bs it further enafted^ That Duties to^ it (hall be lawful for any fhip or veffel in which P aid onl y 1 j' fL 11 i In * uc dif- any goods, wares or merchandize mall be triaswhcre brought into the United States from any fo- s ods alc , . r i_ r landed. reign port or place, to proceed with the lame from diftrict to diftrict within the United States, in order to the landing or delivery thereof; and the duties on fuch of the faid goods only as mall be landed in any diftrict, mail be paid or fecured to be paid within fuch diftrict. Sec. 20. And be it further enaded^ That be- fore any (hip or veffel (hall depart from the diftrict in which (he mall firft arrive, for ano- he or fhe will forthwith make known the fame, in order to the due entry thereof, VOL. I. C 2- 2 J and the payment or fecuring the payment of the duties thereupon : Provided always, That: where the particulars of any fuch goods, wares or merchandize fhall be unknown, in lieu of the entry herein before direcled to be made> an entry thereof lhall be made and received according to the circumltances of the cafe, the party making the fame, declaring upon oath all that he or me knows or believes con- cerning the quantity and particulars of the faid goods, and that he or ihe has no other knowledge or information concerning the fame ; which entry, as well the firft as the laft, lhall be made in writing, and fhall be fubfcri- becf by the party making the fame. And in order to afcertain what articles ought to be exempted from duty, as the fea (lores of a fhip or velfel, Sea ftores ^ ec> 22 ' ^ it further enaficd, That the maf- exenpt tcr or perfon having the charge or command fcoiiiduty. Q r fuch ^ Qr yeffe ^ fl^j part i cu l ar iy f pec ify the faid articles in the report to be by him made as aforefaid, designating them as the fea (lores of the faid fhip or vefiel ; and in the faid oath to be taken by fuch rnafler or other perfon, he mail declare that the articles fa fpecified as fea Mores are truly fuch, and were bona fide put on beard the faid ihip or vefTei for the ufe of the officers, crew and paffengers thereof, and were not brought and are not in- tended by way of merchandize or for fale ; whereupon the 3 r aid articles mall be free from duty : Provided always, That if it lhall appear to the collector to whom fuch report lhall- be ma< ^ e > together with the naval-officer, where and duties there is one, or alone where there is none, that tne quantities of the faid articles fo reported as fea flores are exceffive ? it lhall be lawful for the faid collector jointly with the faid naval- officer, or alone as the cafe may be, in his or th'j : r discretion, to eitimate the amount of the d'i \ on fuch excefs ; which fhall be forthwith i by the faid mailer or perfon having i command or charge of the faid (hip or veifel to the faid collector, on pain of forfeiting the value of fuch excefs. And if any of the faid ar- p c , r ,! ty fo tides mail be landed for the purpofe of being i-; ; i : 4& (bid, ur to be otherwife ufed than as i (lores of the (hip or veiTel in \vhich they were brought, all fuch as {hall be fo landed mail be t. reited, and the mailer or commander of fuch iliip or veffel being privy thereto, (hall moreover forfeit and pay treble the value of the articles ib landed. And alfo to afcertain what articles ought to be exempted from duty, as the cloaii books, houfhold furniture, tools or imple- ments of the trade or profefiion of perfous ar- riving \vithin the United States : Sec. 23. Be it further enacted, That due entry thereof, as of other p'oods, wares and < ] ther artl J i ! i f i -'n- n r ClCSeXCmp merchandize, but feparate ana dnuncc from fVo.n duty that of any other goods, wares or merch.. ^;: clize imported from a foreign port or piace,. iy upon fhall be made with the collector of the diltrift ^ in which the faid articles are intended to be landed by the owner thereof, his or her n^ent, who (hall make oath before the faid collector, according to the bed of his or her knowlet 1 ' or belief, touching the perfon to whom the laid articles (hall belong, and his calling or occu- pation, the arrival or expected arrival of i ' laid peribn within the United States, and tlai: the faid articles are truly intended for the ule of the faid owner folciy^or jointly with bis or her family, as the cafs may be, and are not di- rectly nor indirectly imported or intended for fale ; which oath fhall be in writing, endorfed upon the laid entry, and fubfcribed by the par- andifi>y ty making the fame. And in cafe the laid T y * th k cr 'f P art Y mali be other than the owner of the faid the oath oi f / ,, . the ov. IK- articles, he or me inall give bend with one or to ix : pro- more f ure ties to the fatisf action of the faid col- duccdwith- . 1111 in one) tar, lector, in a mm equal to what would be the amount of the duties on the faid articles if im- ported fubject to duty, with condition that in a certain time therein to be fpecified, not ex- ceeding one year, a like oath as above directed fhali be made by the faid owner, and if not made before the laid collector, mall be produ- ced to him duly authenticated ; whereupon a. permit mall and may be granted for landing and trr.nf- the faid articles. And a copy of every fuch en- "he l er"' 111 tJ T> and cf tile c? "^ ZK&rfed thereupon, mall tifccrcury be tranfmittcd to the Secretary of the Tredury of treafury. f or ^ information. And whereas by the letter of the act, inti- tuled, " An act for laying a duty on goods, y/ares and merchandizes imported into the United States," articles of the growth or ma- nufacture of the United States, exported to foreign countries, and brought back to the United States, are fubject to duty on their im- portation into the faid ftates 5 and whereas it was not the intention of Congrefs that they ihould be fo fubject to duty : fn^artkicl Sec> 2 4' B * lt ^ rG fire further cnafted, That of the in every cafe in which a duty may have been heretofore paid on goods, wares or merchan- of the dizes of the growth or manufacture of the United States, exported to a foreign country, and brought back to the faid ftates, the amount C 2 5 3 thereof (hall be repaid to the perfon or perfons ''t b ^ k by whom the fame mail have been paid, or to ^ * his, her, or their representatives ; and that in every cafe in which fuch duty may have ac- c< ,;cd, but may not have been paid, the fame emitted, and that no fuch duty mail here- after be demanded : Provided, That the regu- lations herein after prefcribed for afcertaining the identity of fuch goods, wares or merchan- dize, be cbferved and complied with, and that as well in refpect to thofe heretofore imported, as far as may be practicable, as to thofe here- after to be i:npu; And .ilio to afc in the identity of articles cf the growth, product or manufacture of the United States, which having been exported to any foreign port or pkce, fhail be brought back to the kid itates : Sec. 25. Be it further enabled , That report . a(1 fo .^. and entry thereof (hall be made ac in other en- * fes of goods, /wares and merchandize imported \\^ from a foreign port or place, and proof by oath of the perfon or perfons having kn ledge of the fact:,, lhali be made to the fn i> ? faftion of the colleaor of the diflrict, v, whom fuch entry frnll be jointly with the i;a- vai officer, if there be a naval oilicer, or alone if there be no naval- officer, that the faid arti- cles had been exported from the United States, as of their growth, product or manufacture, and of the time when, by whom, in what {hip or veffel, and for what port or place they wen? fo exported ; and if theHd collector ihall be other than the collector of the diflrict from which the faid articles {hull have been expor- ted, a certificate of the latter fhaii be produced to the former, teftifying the exportation there- of in conformity to the proof aforefaid : where* [ 20.6 ] upon a permit ihall and may be granted for landing the fame : Provided, That if the faid certificate cannot be immediately produced, and if the proof otherwife required {hall be made, and if bond {hall be given, with' one or more fureties to the fatisfaclion of the collec- tor of the diHricl within which the faid articles are intended to be landed, in a fum equal to what the duties would be on the faid articles, if the v were not of the growth, product or ma- nufacture of the United States ; with condi- tion that the faid certificate fhall be produced within the term of four months, it {hall be lawful for the faid collector to grant a permit for the landing of the laid articles, in like man- ner as if the faid certificate had been produced. oaths to.be Sec. 26. And be it further entitled, That the adminifter- Oat j ls to ^ e ta fc en upon making of any of the cd on en- . ' & I_T_I i ries by of- reports or entries atorefaid, whether by the of mailer or other perfon having the char ere or . r r n . O . tj command or any imp or veffel, or the owner or coniignee of any goods, wares or merchan- dize, his or her factor or a^ent, fhall be admi- * O * niilered by the collector or officer to whom re- port or entry ihall be made, and where there fhall be a naval officer, in the prefence of fuch naval-officer, who fhali attend for that pur- pcfe, and fhall be reduced to writing, and {hall be fubfcribed by the perfon adminiitering the jy the faid naval-officer, if any ihall ui the fiiid collector, jointly with the uild iiaval-OiHcer, \vhcre there is a naval- oiLcer, or nloi:e where there is none, fhall ac- cr.ramg to the beft of hi:: or their judgment oy iriioi mation, make a grofs climate of th^ amount of the duties on the goods, \vi\res or merchan'dize to \vhich the entry of any owner Ji coiifun:ee, his cr her factor or atrait iliali t i customs, be preient [ 207 ] relate, which eftimate (hall be endoffed upon fuch eiiiry, and figned by the officer or officers making the lame. And the amount of the faid duties according to the faid eftimate, havi; been firil paid or fecured, purfuant to the pio- vi(h :is net, the faki collector fliali grant a permit to kind the goods, wares or merchan- dize, whereof fuch entry fhall have been made, and then and not otherwife it mall be lawful to land the faid goods. Sec. 27. And be it farther enafted, That no Pcn , !t / OP goods, wares or merchandize brought in any imi mip or veffel from any foreign port or place, ; fliali be unladen or delivered from fuch mip cUv and or veffel, within the United States, but in open ^ a l ' r day ; that is to fay ; between the rifing and fetting of the fun, except by fpeciai licence from the chief officer of the port for that pur- pole, nor at any time without a permit from the collector for fuch unlading or deliver. : and if any goods, wares or merchandize {hall be unladen or delivered from any fuch ihip or veffel, contrary to the direction aforefaid, or any of them, the mailer or peribn hav- the command or charge of fuch ihip or veffel, and every other per foil who ihall knowingly be concerned or aiding therein, or in remov- ing, floring, or otherwife fecuring the faid goods, wares or merchandize, ihall forfeit and. pay the fum of four hundred dollars for each offence ; and fhall be difabled from holding an orTic-3 of truft or profit under the United States, for a term not exceeding fevcn years ; It fliali be the duty of the collector of the dutriit, to advertife the names of all fuch per- fons in a ncwfpaper, printed in the itate in which he refides, within twenty days after each Tefpedtive conviction. And all goods, wares C 208 ] for- feited. and goods or merchandize fo unladen or delivered, {hall fared.' become forfeited, and may be fcir.cd by any cf the officers of the cuftoins ; and where the value thereof according to the hi^heft market price of the fame, fhall amount to four hun- dred dollars, the vefTel, tackle, apparel and furniture, fhall be fubjecl to like feizure and forfeiture. c-oods re- Sec. 28. And be it further enabled ^ That no fore being* goods, wares or merchandize brought in any oi- ihip or veffel from any foreign port or place, requiring to be weighed or guaged in order to afcertain the duties thereupon, fhall be re- moved from any wharf or place upon which the fame may be landed or put, before the fame {hall have been weighed or guaged, by or under the direction of a proper officer for that purpofe ; and if any fuch goods, wares or merchandize fhall be removed from fuch wharf or place, unlefs with confent of the pro- per officer, before the fame {hall have been fo weighed or guaged, the fame {hall be for- feited, and may be feized by any officer of the cufloms. Sec. 29. And be It further cnaftcd, That a! goods, wares or merchandize of which entry fhall have been made, without fpecification oi particulars, {hall be conveyed to forne ware- houfe or flore-houfe, to be defignated by the" collector, in the parcel or packages contain- ing the -fame, under the care of fome proper oHicer, until the particulars thereof fhall be examined and afcertained ; agreeably to which the duties thereupon mall be finally adjufted and fatisfied. And in every cafe, if the amount of the duties eftimated, or fecured to be paid, ihall exceed or fall fhort of the true amount Goods to be ftored by the ccl lector un- til the du- fies there- on are af- c-trtained. cf the duties on the goods, wares or nierchan- inrxiricd, a;-', the fame fhall be finally af- i.d, the difference ihall be made good, re there ft all be an excels, by . rn of th p'-iid, or credit on the ill have been given for the fame, if not paid; and where fhall be a deficiency, by meat of fuch ci, . to the laid collec- . 30. And bj it further crafted, That r- it {hall be lawful for the collector of any dif- ^j 1 trict at which any ihip or veflel may arrive, and v.-riis uu- furveyor of any port where any fuch ^ ) th f.^ I ar ' v be, to p on board < ihip or veuel, while remaining within fuch .let, or in going from one difhici: to ano- r, one or more h.-pectors to examine the ;o or c of iuch fhip or veliel, and the delivery thereof, or of fo ifiuch thereof as ihall be delivered within the United States, and to perform fuch other du- LiccorJliig to ki\v, as they fhall be dircftcd by the laid collector or furveyor to perform rhe better fecuring the collection of the duties: P, That collectors only fhall [ have power to put on board {hips or veflels, jrs to go from one diflrict to another. [^ du " .1 ;he faid infpeclor or infpectors fhall make vn to tlie perfon having the charge or co:r:nand of fuch ihip or veilel, the diuies he or they is or are fo to perform ; and fhaU fuf- fcr no goods, wares or merchandize to be Ian* did or unladen from fuch {hip or veffel, with- ^ out a proper permit for that purpofe ; and Hiall r in a book to be by him or each of them ane cr names of the perfon or fe behalf fuch permit was granted, ar wit:: the particulars therein fpecined, L D 2 T *> 3 the marks, numbers, kinds and defcriptix >n - of the refpeclive packages which mall be un- and wager, laded purfuant thereto. ,And the wages or compenfation of fuch infpector or infpectors in, going from one diflricl to another, {hall be defrayed by the matter or perfon having the charge of the vefTel in which they -refpeclively go. Sec. 31. And be it further enacled^ That it mall be lawful for all collectors, naval-officers, & revenue furveyors, infpeclors, and the officers of the > on board revenue cutters herein after mentioned, to go of veffeiF, O n board of mips or vefTels in any part of the United States, or within four leagues of the coafl thereof, if bound to the United States, whether in or out of their refpeclive diftricls, for the purpofes of demanding the manifefls aforcfaid, an ^ of examining and fearching the ifcarch. " faid (hips or veffels ; and the faid officers ref- pectiveiy mail have free accefs to the cabin, and every other part of a iliip or vefTel : and if any box, trunk, chefl. cafe, or other pack- age, flir.il be found in the cabin, fteerage or forecaftle of fuch fhip or veiTel, or in any other place feparate from the refidue of the cargo, it fhall be the duty of the laid officer to take a particular account of every fuch box, trunk, 'cafk. or package, and the marks, if any there be, and a defcription thereof ; and if he fhall judge proper to put a feal or feals on every fuch box, chefl, trunk, cafk or package ; and fuch account and defcription mall be by him forwarded to the col lector of the diflricl: to which fuch Ihip or veflel is bound. And if up- on her arrival at the port of her entry, the boxes, trunks, chefls, crJks or packages fo defcribed, or any of them lhall be miffing, or if the fcals" put thereon be broken, the mafter or commander of fuch fhip or vdfel fhall for- j^ feit and pay for every fuch box, trunk, cheft, mfter t-i> u cafk or package ib milling, or of which the P enall ) r - fcals fhall be broken, two hundred dollars. I it fhall alfo be lawful for the infpe&ors , i i ,- f \ r Hatches oi may be put on board or any ihip or vel- r dpt>eiivr fel, to iecure after funfet in each evening, vc/ieittobe 111 -L ! . i Iccurtd ;u- t::j hatches and otner communications with t er {unfit, the hold of fuch fhip or veffel, with locks or oth,;r proper faftemngs, which faftenings mall riot be opened, broken or removed, until tile morning following, or after the rifing of the fun, and in prefence of the infpeclor or infpec- tors by whom- the fame fhall have been affix- ed, except by fpecial licenfe from the chief of- ficer of the port. And if the laid locks or other faftenings, or any of them, mall be broken and f or f tf ji or removed during the night, or before the ture for laid rifing of the fun, or without the prefence Xm'hfthe of the faid infpeccor or infpeclors, the mafter ni ht - or perfon having the charge or command of fuch fhip or veifel, fhall forfeit, and pay the fum of two hundred dollars. Sec. 32.^ And be it further enaftcd, That when the delivery of goods, wares or mer- 5,?cargo chandize from oiv board of any fuch fhip or delivered vefTel at any pott fhall have been completed, the accounts or entries which fhall have been ^ entry kept or made thereof by the officer or officers who fhall have been charged with fuperintend- ing the faid deliveries, fhall be reported to the coiieclor of the diftrift, who, together with the naval-officer, where there is one, or alone where there is none, fhall compare the faid/ac- counts and entries with the entry or entries which fhall have been made by the ov/ner or owners, confignee or conftgnces, his, her or [ 212 V ard -cfuit their factor or agqnt. And if any difference dorfed e T coal > tion or the mfpcctor for every day s attendance exceeding the faid fifteen days, fhall be paid by the faid mailer or owner. And if by reafon and the ex- of the delivery of a carjro in different diflricls, tr , a . u-arcs i i r - i 6 err i of t!)C fn - more taan the 'laid term or nrteen working freaorsro days Tnall in the whole be fpent therein, the h , e P ait ' b r r . r- i r o tne mailer. v;?/:;e3 or compemation or the inipeccor or in- fpcclors v-;ho may be employed on board of any fnip or vellel, in refpect to v/hieh the nid i may be fo exceeded, mall for every day of fuch excefs be paid by the faid mafrer or owner. Sec. 34. And be it further emitted, Tliat if Packages r.ny package whatever, which fhall have been ^r^ted i r r i n 11 i i miffing, or orted as aioreiaid, (hall be \vantmg ana not difagrce- found on board fuch ihip or velicl, or if the me " t . t J t i ^ roods on board the faid fhip or veiTel mall the cargo, othcrwifc not a-rrec \vith the report of the r ; ih J e(rti s n , . , the rraflcr maiter or otner per:on haying tuc cnarge cr to a penal- command of any fuch ihip or veifel ; in every t J r< fuch cafe he fhaii forfeit and pay the funi c f rT 214 j five hundred dollars. Provided ncverihelefe^ That if it fliall be made to appear to the fatif- faclion of the collector, naval-officer and fur- veyor, or the major part of them, where thofe officers are eftablilhed at any port, or to the fatisfaction of the collector alone where either of the laid other officers is not eftablifhed, or in cafe of trial for the laid penalty, to the fa- tisf acllon of the court, that no part of the car- go ci fuch fliip or vcflfel has been imfliipped iince it was taken on beard, except as fliall have been fpecirfed in the laid report, or that the ibid difagreefnent is by accident or miitake ; in fuch cafe the penalty aforefaid fliall not be inflicljd. Allow. Sec. 3 5, AnJ. be li further cnaclcd.^ That the "hcd,^ following :" -ccs fhall be made for the and tare drafts and i i.l 1:2 articles fubjecl to duty ef articles. ty we ^] lt . ^ j s to fay . For . d raug ht on any quantity of one hundred weight, or one hundred and twelve pounds, and under, one pound ; on any quantity above one, and not exceeding two hundred weight, two pounds ; on any quantity above two, and not exceeding three hundred weight, three pounds ; on any quantity above three, and not exceeding ten hundred weight, four pounds ; on any quan- tity above ten, and not exceeding eighteen hundred weight, feven pounds ; on any quan- tity above eighteen hundred weight, nine pounds : For tare, on every whole cheft of bchca tea, feventy pounds ; on every half- chell, thirty-fix pounds ; on every quarter- clieli, twenty pounds ; on every chelt ot hylbn or other green tea, the grois weight of which ihall be feventy pounds or upward;;, twenty pounds ; on every box of other tea, not leis than fifty, or more than icvei^y pounds grols. L 215 } ^ileen pounds ; on all other boxes of tea, According to the invoice thereof ; on coffee in ba<.;;:, t\vo per cent, inhales, three per cent, in calks, twelve per cent. ; on pepper in bales, five per cent, in calks, twelve per cent. ; on fugars, -other than loaf fugar, in calks, twelve per cent, in boxes, fifteen per cent. ; on all other goods, according to the invoice thereof. Provided nl-^jys, Thnt wTu.re the original in- voices of any of the .'need, -and the tare or tares appear therein, it (hall be lawful, with the confent of the importer or im- porters, confignee or c ;S, to efiiniate the fa id tare or tares according to fuch invoice. Sec. VG. And lc It further cnciftcd, That Allowance fh.re fhail be an allowance frr leakage of two !j^ eak - per cent, on the quantity v.hich fliall appar by the guage to be contained in any calk of liquors iubject to duty by the gallon. Sec. 37. And be it further enacted^ That if c nods da- any goods, wares or merchandize, on which magcddur* i fi : *rt 11 ^ i I!1<1 < n - vov - dutics are payable, mail receive damage during ag ^ or n ;, t the voyage, or (hail not be accompanied with accompa- i .',',. . r . n n * i n-icd with the original invoice or their colt, it ihaii be an invoice, 1-Vvvful for the collector (and upon the requeft fo be a P~ PI - . \x . praife4 t or the party ne ;s required j to appoint one mer- afccrtain chant, and the owner or confignee to appoint the dutlcs > another, who being fworn or affirmed by the colleclior, well and truly to appraife fuch goods, fhall appraife or value them accordingly, and the duties upon fuch goods (hall be citimated agreeably to fuch appraifernent or valuation : And in refpecl to fuch damaged articles are charged with a fpjcitic duty, by numb,-, .;ht or me'afirre, the faicl appraifers fhall ccr- t';y what in their judgment would have bee;i tr value, in cafe they had not been fo da- maged, and there fliall be an abatement, in the jd the ht- tor until the invoice ie owner shis or duty in proportion to the difference in yal Provided, That if the owner or owners, con- %nee or coniignees of fuch goods not accom- panicd with an original invoice, ma!! chufe to -\ c . r r t r t wait the receipt thereor, in fuch cafe the faid colleclor ih all take into his cuftody the faid goods, and (hall keep or caufe the fame to be kept with due and reafo liable care, at the ex- penfe and rifk of the party or parries, until the faid invoice mall arrive, or until the faid party or parties (hall confent to the valuation thereof. Sec. 38. And be it further enacted, That if an y ^P or ve ^ from any foreign port or place, compelled by diftrefs of \veather or otner necefiity, (hall put into any port or place of the United Slates, not being deftined for the fame ; and if the mailer or perfon having charge or command of fuch fhip or veilel, to- gether with the mate or perfon next in com- mand, (hall, within twenty-four hours after her arrival, make protefl in the ufual form upon oath before a notary public, or other perfon duly authorized, or before the collec- tor of the diftricl where the faid fhip or vefTel mall fo arrive, who is hereby empowered to admirrrfter the fame, fetting forth the caufe and circumftances of fuch cliftrefs or neceility, and mail within forty-eight hours after fuch arri- val, make report to the faid collector, of the faid (hip or verTel and her cargo as in other cafes. And if it mail be made appear to the faid collcclor, by the certificate of the wardens of the port, or other officers ufually charged load their with, and accuftomed to afcertairiing the con- Ji t i on of mips and veflels arriving in diflrefs, if any fuch there be, or by the certificate of any two reputable merchants, to be named for that purpofe by the faid collector, if no fuch au d coiicc tor may C 217 ] 'wardens or other ofncers there be, that there ...is a njce;Iity for unlading the faid (hip or vef- fel, the faid collector (hall grant a permit for th u purpofe, and fhall appoint a>; infpector or inledors to overfee fuch unlading. And all which [hail goods fo unladen fliall be ftored under the di- J rjctioa of the faid collector ; who, upon re- direaiun,& queft of the mailer or other perfon having ^.^"f 1 " charge or command of fuch fhip or vciiel, or i"-d i;y Mi of the owner thereof, fhall grant a licence to luxn:e difpo-e of fuch part of the faid cargo as may be of a periihable nature (if any there be) or as may be neceffary to defray the expenfes at- tending fuch fhip or veflel, and her cargo : Provided, That the duties thereupon be firfl paid. And the Lid goods, or the remainder 'thereof, may afterwards be reladen on board bctng U fi5 the faid fnip or veiiel, and the faid fhip or vef- p ; ^ 1 fel may proceed with the fame to the place of her deflination, free from any other charge than for the ftoring and fafe-keeping of the faid goodSt Sec. 39. And be it further enafted. That the ad valorem rafes of duty upon goods, Rule fop wares and merchandize at the place of impof - J;^ tation, fhall be eJlimated by adding twenty rem rates of per cent, to the actual coil thereof, if impor- pofira! ted from the Cape of Good Hope, or from portatiou. , any place beyond the fame ; and ten per cent. ; on the actual coil thereof if imported from | any other place or country, exclufive of charges. Sec. 40. And be it further enaffed, That all ^ r . , J . . n ' Rates of fo- roreign coins and currencies mail be efhma- rc j gn coid -ted according to the following rates : Each &currepcy. pound flerling of Great-Britain, at four dol- lars and forty-four cents ; each livre tournois of France, at eighteen cents and an fyalf ; eaeh VOL. I, E * t florin or guilder of the United Netherlands, at thirty-nine cents ; each mark banco of Ham- burg, at thirty-three cents and one third ; each rix dollar of Denmark, at one hundred cents ; each rial of plate of Spain, at ten cents ; each milree of Portugal, atone dollar and twenty, four cents ; each pound flerling of Ireland, at four dollars ten cents ; each tale of China, at one dollar forty-eight cents ; each pagoda of India, at one dollar ninety-four cents ; each rupee of Bengal, at fifty-five cents and an half; and all other denominations of money in va- lue as near as may be to the faid rates. Sec. 41. And be It further cnaftcd, That rJlj ^ U ^ es on goods, wares and merchandize im- to be" paid ported, mall be paid or fecured to be paid, be- er fecured. f ore a p erm j t f^\\ [ )e g rante d for landing the fame. And where the amount thereof on goods imported in any Ihip or veffel, on account of one perfon only, or of feveral perfons jointly interefted, (hall not exceed fifty dollars, the., fame mail be immediately paid ; but where the faid amount mail exceed fifty dollars, the fame may, at the Option of the proprietor on proprietors, confignee or confignees, be tt\ fher immediately paid or fecured by bond,] Xvith condition for the payment thereof, if ac-l cruing upon articles of the produce of the Weft-Indies, in four months ; if accruing .- on Madeira wines, in twelve months ; if ac-J cruing upon any other goods, wares or mer- chandize, other than teas imported from Chi- na, in fix months ; which bond, at the like op- tion of the faid proprietor or proprietors, con-j fignee or confignees, (hall either include one; or more fureties, to the fatisfaction of the col- leclor of the difiriel: where the faid duties (hall accrue, or mall be accompanied with a depofit ; C 219 j in the c'iftody of the faid collector, of fo much Dl ! ties .. . . . J , n if i i i to he i or me laid goods, as Inail in nis judgment be a fuflicient iecurity for the amount of the du- ties for which fuch bond mail have been given, and the charge of the fafe-keeping and fale of the goods fo depofited ; which depofit mall and may be accepted in lieu of the faid furety or fureties, and fhall be kept by the faid col- leclor, with due and reafonabie care, at the expenfe and riik of the party or parties 0*1 \vhofe account the fame mail have been met until the fum fpecified in fuch bond ihall have become due, at which time if fuch fum fhall not be paid, fo much of the faid depofited floods as iay be nccetfary, Ihall be fold at public fale, and the proceeds thereof, after deducting the charges of' keeping and fale, fhall be applied to the payment of fuch fum, rendering the overplus and the refidue of the laid goods, if any there be. to the perfon or perfcns by whom fuch depofit mail have been made, or to his, her or their reprefentatives. Provided* That no perfcn whole bond for the payment of duties is due and unfatisfied, fhall be allow- ed a future credit for duties, until fuch bend fhall be fully paid or difchargcd. Sec. 42. Proi-Lfjd always* and b-j it further exacted^ That all teas imported froiri^C/hina, . r (c vh ; n . may, at the option of the proprietor cr con- -'> fcede., fignee thereof, be depofited in the cuftody of ^.'sl^ry'i'i the collector with' whom the fame ihall be << entered, or the dutits thereon fccured by bond, with one or mere fureties, to the fa til - faction of the colleclor, with condition for the payment of fuch duties within twelve months ; and in cafe of depofiting fuch teas, they fhull be kept at the charge of the perfon or perfons depofiting the fame. And the collector Ihall L 22 deliver fucli teas, or part thereof, from time to time, to the perfon or perfons depofiting- the fame, or to his or their order, on payment qf the duties for fuch part as may be fo deli- yered, and not otherwise; and in cafe the whole of the duties fhall not be paid within eighteen months from the time of the entry made, it fhall be the duty of the (aid collector to fell at public auction fo much of the faid teas as iLail be fufncient to pay the duties then due, together with the charges of fale and fafe keeping, and to return the overplus to the perfon or perfons who {hall have depofited fuch teas, or his, her or their representatives ; and for fuch teas as have been imported from China in the prefent year, the owner or con- fignee thereof mall be entitled to depofit the fame, or to give bond, payable in like man- ner, and under like regulations, as are herein before directed for teas which (hall hereafter be imported, notwithstanding the duties on fuch teas may have been already fecured to be paid. Sec. 43. And be it further enacted^ That tne duties impofed by "law on the tonnage of within ten any fhip or vefiel, fhall be paid to the collec- report his tor ^7 tne mafter or perfon having the charge been made, or command of fuch fhip or veifel, within ten days after his report to the faid collector ; and before fuch {hip or veflel (hall be permit- ted to clear out \ the regifter of which {hip or veiTel (ball at the time of entry be lodged in the office of the collector, and there remain until fuch clearance. And if any fhip or vef- fel il>all leave, or attempt to leave any diftric~t . of the United States, without paying the faid duties, the matter or perfon having the charge or command of the fame fhall forfeit and pay five hundred dollars. [ 221 ] Sec. 44, And be it further enabled ^ That to ~ afcertain the tonnage of any (hip or veffel, the : >t '*<- r r i i J r rini faff the ton- . lurveyor, or inch other perfon as mail heap- cage of any pointed by the collector of the diitrict to mea- vt * lcl - lure the fame, (hall, if the faid (hip or veffel be double decked, take the length thereof from i : -\2 fore part of the main Item to the after part of the ilern poll above the upper deck ; the breadth thereof at the broadcft part above the main wales, half of which bread ih (hall be accounted the depth of fuch veffjl, and (hall then deduct from the length three fifths of the breadth, multiply the remainder by the J- breadth, and the product by the depth, and (hall divide this Lift product by ninety-five, the quotient whereof (hall be deemed the true con- tents or tonnage of fuch (hip or veffel. And if fuch ihip or veffel befmgle decked, the (aid furveyor or other perfon fhall take the length and breadth as above directed, in refpect to a double decked (hip or veffel, mail deduct from the I; ud k.agth three fifths of the breadth, and taking the depth from the under fide of the deck plank to the cieling in the hold, fhall multiply and divide as aforefaid, and the quo- tient (hall be deemed the tonnage of fuch (hip or veffel. Sec. 4v~ And be It further enacted- That i i i r i r i n n B,6njl for where any bond tor the payment 01 duties mail d-.'tks ' e invoiced according ta the actual cofl thereof at the place of expor- tation, with defign to evade the duties there- upon, or any part thereof, all fuch goods, wares or merchandize, or the value thereof, to be recovered of the perfon making entry, mail be forfeited. And in every cafe in which the faid collector fhall fufpect that any fuch goods, wares or merchandize, are not invoiced at a fum equal to that for which they have ufually been fold in the place or country from whence they were imported, it mall be the du- ty of fuch collector to take the faid goods, wares and merchandize into his pofreflicn, and retain the fame, with reafonable care, at the riik and expenfe of the owner or cv/ners, con- fignee or confignees thereof, until their valus Hrw to be at t h e time and place of importation fhall be ..!i trtJ.m- r . , , . . A . MI. alcertamed by two reputable merchants, to be chofen and appointed as in the cafe of damag- ed goods, or goods not accompanied with an invoice ; and until the duties arifing ac- cording to fuch valuation mail be firft paid, or fecured to be paid, as required by this act in other cafes of importation : Provided^ That in cafe of a profecution for the forfeiture afore- laid, fuch appraifement fhall not be conftrued to exclude other proof upon the trial, of the actual and real cofl of the laid goods at the faid place of exportation. officers fuf- Sec. 47- And be It further enaclcd^ That ir peau.g (hall be lawful for the collector or ether cr- c'xamine 7 ^ cer * t ^ e cuftoms, afte^entry made of any *. goods, wares c*. mercharid:ze ? on fufpicion of fraud, to open and examine in the prefence of two or more reputable merchants, any pack- age or packages thereof; and if upon exami- nation they ihall be found to agree with the entries, the officer making fuch feizure (halt caufe the fame to be repacked, and delivered to the owner or claimant forthwith ; and the expenfe of fuch examination (hall be paid by the faid collector or other officer, and' allowed in the fettlement of his accounts ; but if any of the packages fo examined mall be found to differ in their contents from the entry, then the goods, wares or merchandize contained in fuch package or packages ihall be forfeited : Pro- indcd^ That the faid forfeiture fhall not be in- curred, if it iliall be made appear to the fatif- faclion of the collector and naval-officer of the diftrict where the fame mail happen, if there be a naval-officer, and if there be no naval- officer, to the fatisfaclion of the faid collector, or of the court in which a profecution for the forfeiture (hall be had, that fuch difference proceeded from accident or miftake, and not from an intention to defraud the revenue. Sec. 48. And be it further cnattzd. That every collector, naval-officer and furveyor, or ;";- >n~ other perfon fpecially appointed by either of ^ '^ them for that purpofe, mall have full power fcarched_ and authority to enter any (hip or veflel in '^S! which they mall have reafon to fufpecl any goods, wares or merchandize fubjecl to duty mall be concealed ; and therein to fearch for, feizj and fecure any fuch goods, wares or mer- chandize. And if they fhall have caufe to fuf- pect a concealment thereof in any particular dwelling-houfe, flore, building or other place, they or either of them (hall upon application on oath to aay jullice of the- peace, be entitled to a warrant to enter fiich houfe, ftore or other place (in the day time only) and there to fearch for fiich goods, and if any fliall be found, to feize and fecure the fame for trial : and all fiich goods, wares and merchandize, on which the duties fliall. not have been paid or fecured. fhall be forfeited. Sec. 49. And be it further enacted, That all lotakccuf- goods, wares and merchandize which (i all be poLfa2- feized by virtue of this aft, fhall be put into d. and remain in the cuftody of the collector cr fuch other perfon as he fhall appoint for that purpofe, until fuch proceedings {hall be had as by this aft are required," to ascertain whether the fame have been forfeited or not ; and if it mall be adjudged that they are not forfeited they (hall be forthwith reftored to the owner pcnah ' for or owners ? claimant or claimants thereof. And concealing if any perfon or perfons fliall conceal or buy -oods^ib ari 7 gds, wares or merchandize, knowing & to da- them to be liable to feizure by this 'aft, fuch ty< perfon or perfons mall, on conviction thereof \ forfeit and pay a fum double the value of the goods fo concealed or purchafed. Sec. co. And be It further enacted, That it ihallbetheduty of the feveral officers of the cuftoins to make feizure of, and fecure any . ^jp or ve fl- e } 3 goods, wares or merchandize, which fhall be liable to feizure by virtue of this aft, as well without as within their refpec- tive diflrifts. Sec. 51. And be it further enafted. That if ShM^mo"* an y ^ cer or otner perfon, executing or aid- lcftd may ing and affifting in the feizure of goods, fhall plead this kg f ue( j or moiefted f or an y thing done in virtue of the powers given by this aft, or by virtue of a warrant granted by any judge or juftice purfuant to law, fuch officer or other t n may plead the general ifTue, and give this act and the fpecial matter in evidence ; and if in fuch fuit the plaintiff be non-fuited, or judgment pafs againil him, the defendant mall recover double coil ; arid in actions, fuits or information to be brought, where any feizure fhall be made purfuant to this act, if the property be claimed by any perfon, in every fuch cafe the onus probandi (hall be upon fuch claimant. And if any perfon mail forcibly Penalty for refill, prevent or impede any officer of the >"jpKng . . , i r officer! m culioms, or their deputies, or any penon ai- the execu- fiiting them in the execution of their duty, t j r ofhcir fuch perfon fo ofFcnding, fhall for every of- fence be fined in a mm not exceeding four hundred dollars* Sec. 52. And be it further cnafted. That eve- Collectors, ry collector, naval-officer and furveyor fliall, "^ a &fur- within three months after he enters upon the veyors to execution of his office, give bond with one or f nt -, r '" ta n tr" r i T r i bonds for more lumcient iureties, to be approved or by perform- the comptroller of the treafury of the United c of d States, and payable to the faid United States, with condition for the true and faithful dif- charge of the duties of his office according to 1'VxV ; that is to fay : The collector of Phila- delphia, in the fum of fixty thoufand dollars : The collector of New- York, fifty thoufand dollars : The collector of Boflon and Charlef- town, forty thoufand dollars : The collectors cf Baltimore, and Charlefton, thirty thoufand dollars each : The collector of Norfolk and Portfmouth, fifteen thoufand dollars : The col- lectors of Portfmouth in New-Hampmire, of Salem and Beverly, Wilmington in the (late of Delaware, Annapolis, Georgetown in Mary- land, Bermuda-hundred and City-point, Alex- andria, Wilmington, Ncwbern and Edcnton ia VOL. I. F 2 [ 220 ] the ft ate of North-Carolina, Newport and Pro- vidence in the flate of Rhode-Iflaiid and Pro- vidence Plantations, ten thoufand dollars each: The collectors of Newburyport, Glouceiter, Marblehead, Plymouth, Nantucket, Portland and Falmouth, New-London, New-Haven, Fairfield, Perth- Amboy, Yorktown, Dumfries, Wafhington and Cambden, Georgetown in South-Carolina, Beaufort, and Savannah, each five thoufand dollars : And all the other col- lectors in the fum of two thoufand dollars each. The naval-officers for the ports of Bof- ton and Charleftown, New- York, Philadel- phia, Baltimore, and Charlefton, ten thoufand dollars each ; and all the other naval-officers in the fum of two thoufand dollars each. The furveyors of the ports of Bofron and Cbarief- town, New- York, Philadelphia, Baltimore, and Charlefton, five thoufand dollars each ; and all other furveyors one thoufand dollars each. Which bonds lhall be filed in the office of the faid comptroller, and be by him feve- rallyput in fuit for* the benefit of the United States, upon any breach of the condition there- of. And as no provifion has been heretofore fpecially made concerning the officers of the cuftoms who may have been heretofore ap- pointed in and for the ftates of North-Caroli- na, and Rhode-Ifland and Providence Planta- tions ; the faid officers refpectively (hall, with- in four months after the palling of this acl, give bond with proper furety or fureties, in conformity to the provifion aforefaid. Their fees Sec. 53. And be it further enafled^ That of office & there {hall be allowed and paid to the collec- age. " tors, naval-officers and furveyors to be ap- pointed purfuant to this acl, the fees and per centage following j that is to fay : To each collector for every entrance of any fhJp orvef r fel of one hundred tons burthen or upwards, two dollars and an half; for every clearance of any (hip or veffel of one hundred tons bur- then and upwards, two dollars and an half; for every entrance of any fhip or veffel under the burthen of one hundred tons, one dollar and an half ; for every clearance of a fhip or veffel under one hundred tons burthen, one dollar and an half; for every permit to land goods, twenty cents ; for every bond taken officially, forty cents ; and for every permit to load goods for exportation, which are entitled to a drawback, thirty cents ; for every official certificate, twenty cents ; for every bill of health, twenty cents ; for every other official document (regiflers excepted) required by the owner or matter of any veffel not before enu- merated, twenty cents : and where a naval- officer is appointed to the fame port, the faid fees mail be equally divided between the col- Fce3ofcol , lector and the laid naval- officer, the latter pay- ing one third of the expence of neceffary fta- tionary, and of the rent of an office to be pro- ors. vided by the collector, at the place affigned for his refidence, and as conveniently as may be fos the trade of the diftrict : and all fees mall, at the option of the collector, be either received by him or by the naval-officer, the party receiving to account monthly with the other for his' proportion or (hare thereof. To each furveyor for the admeafurement of every fhip or veffel of one hundred tons and under, one cent per ton ; for the admeafurement of every fhip or veffel, above one hundred tons, and not exceeding two hundred tons, one hun- dred and fifty cents ; for the admeafurement of every fhip or veffel above two hundred tons, two hundred cents ; for all other fervices by meafurers, . . r r wei-hers this act to be performed by men iurveyor, on *ers 8 their ^ ar( ^ an Y ^P r ve ^ e ^ f one hundred tOllS and upwards, and having on board goods, wares and merchandize fubjecl: to duty, three dollars ; for the like fervices on board any ihip or veffcl of lefs than one hundred tons bur- then, having on board goods, wares and mer- chandize fubjecb to duty, one and an half dol- lar ; on all vefTels not having en board goods, wares and merchandize iubjecl to duty, two thirds of a dollar ; all which fees fhall be paid by the mailer or owner of the fliip or veflel in which the faid fervices (hall be performed, to the furveyor by whom they fhall be performed, if performed by one only for his fole benefit, but if performed by more than one, to him who fhall have the firfl agency, to be divided in equal parts between him and the other or others by whom the laid fervices fhall be per- formed. To each infpeftor there fhall be al- lowed for every day he mall be actually em- ployed in aid of the cufloms, a fum not ex- ceeding one dollar and twenty-five cents, to be paid by the collector out of the revenue, and charged to the United States. To the meafurers, weighers and guagers refpeclively, to be paid by the collector out of the revenue for the measurement of every one hundred bufhels of grain, thirty cents ; for the meafure- ment of every one hundred buihels of fait, forty cents ; for the meafurement of every one hundred bufhels of coal, fifty cents ; for the weighing of every one hundred and twelve pounds, two cents ; for the guaging and mar- king of every cafk (to be marked in durable characlers with his own name and the quan- tity) eight cents j for computing the contents r 229 ] of, and (if requefted by the party) marking cafes containing diftilled fpirits and wines, three cents per cafe ; for counting the number of bottles of cyder, beer, ale or porter, one cent per dozen ; and in proportion for any greater or lefs quantity. There mall moreover be allowed to the collectors of the districts of New- York and Philadelphia, three fourths of one per centum on 'the amount of all monies by them refpeclively received on account of duties ; and to the collector of each of the other diitricts by this act eilablKlied, one per centum on the amount of all monies by them refpectively received on the faid account of duties. And whereas the allowances aforefaid will not afford an adequate compenfation to the of- ficers herein after mentioned, by reafon of the iinall proportion of bufmefs done at the ports to which they refpeclively belong, although the faid officers are neceifary to the accomoda- tion of the inhabitants, the facility of commerce, and the fecurity of the revenue. Therefore, Sec. 54. Be it further enaEled^ That in ad- Special a?, dition to the fees and emoluments which fhall revenue of- accrue to the faid officers from the provifions flccr \ of aforefaid, they mall feveraily have and be en- ports'. titled to the refpective allowances following ; to wit : The collector of the diftrifts of Saint Mary's in the flate of Georgia, Brunfwick, Beaufort, South Quay, Cherryftone, Folly Landing, Annapolis, Yeocomico, SaintMary's, Oxford, Sagg-Harbour, PalTamaquocly, the yearly Aim of one hundred dollars each. The collectors of the diftricts of Sunbury and Pe- nobfcot in MafTachufetts, the yearly Aim of fixty dollars each. The collectors of the.dif- tricts of Hampton, Snowhill, Bridgetown, C 2 3 ] Burlington, Frenchman VBay,andEdgartown, the yearly fum of fifty dollars each. The fur- veyors of the ports of Frederickfburg, Smith- field, Port-Royal, Suffolk, Weil-Point, Rich. mond, Peterfourg and Little Egg-Harbour, the yearly fum of eighty dollars each. The furvey- ors of the ports of Swanfborough, Urbanna, Town-Creek, Albany, Hudfon, Stonington, Eaft- Greenwich, and Gloucefler, fifty dollars each. nav; cers vevors to Coi!e5to*s, S C ' 55' -And be it further cnaflcd, That .-aloft- every collector, naval-officer, and furveyor, , s ors "o~ fhall caufe to be affixed and conilantly kept fct up table jn fome public and confpicuous place of his office, a fair table of the rates of fees and du- ties demandable by law, and fhall give a re- ceipt for the fees he mall receive, fpecifying the particulars ; and in cafe of failure therein, mall forfeit and pay one hundred dollars, to be recovered with colls, in any court having cognizance thereof, to the ufe of the inform* cr ; and if any officer of the cufloms (hall de- Pcnaky for maud or receive any greater or other fee, com- dcmanding penfation or reward, for executing any duty other fees/ or fcrvice required of him by law, he fhall forfeit and pay two hundred dollars for each olFence, recoverable in manner aforefaid for the ufe of the party grieved. Rates of Sec. 56. And be it further enacled^ That .' cc!vin r J much of the fum due upon fuch bond, as fliall be equal to the amount of the faid drawback, until the expiration of the faid time limited for payment thereof. And the better to fecure the collection of the laid duties, Sec. 62. Be it further cnaclcd^ That the Prc r u ] ent ' Prcfident of the United States be empower- y order td to caufe to be built and equipped, fo ma- ^""uiij. ny boats or cutters, not exceeding ten, %$ .may be neceffary lo be employed for the pro- tection of the revenue, the expenfe whereof mall not exceed ten thoufand dollars, which ihall be paid out of the product of the duties en goods, wares and merchandize, imported into the United States, and on the tonnage of mips or veffels.. Sec. 63. And be it further enaficd, That Howtobe there mail be to each of the faid boats or cut- oiTK-crcd& ters, one matter, and not more than three mu " ned - mates, firft, fecond, and third, four manners and two boys ; and that the compenfations and allowances to the faid oincers, mariners and boys refpectively, (hall be, to the matter thirty dollars per month, and the fubfiftence tc of a captain in the army of the United States ; to a firft mate twenty dollars per month, to a fecond mate fixteen dollars per month, to a third mate fourteen dollars per month, and to -every mate the fubfiftence of a lieutenant, in the laid army ; to each mariner eight dollars per month, to each boy four dollars per month ; and to each mariner and boy the fame ration of provifions which is or mall be allowed to a foldier in the faid army. The faid allowances for fubfiftence to be paid in provifions or mo ney at the contract prices, at the option of the Secretary of the Trcafury. and to be ^ec. ^4' And be It further enacled, That the appointed officers of the faid boats or cutters, mall be Pre " appointed by the Prefident of the United States, and fhall refpeclively be deemed officers of the Thcirduty, cufloms, and mall have power and authority to go on board of every fhip or vefiel which fhall arrive within the United States, or with- in four leagues of the coaft thereof, if bound for the United States, and to fearch and ex- amine the fame and every part thereof, and to demand, receive and certify the mamfefls herein before required to be on board of cer- tain fhips or veflels, and to affix and put pro* per faflenings on the hatches and other com- munications with the holds of fhips or velTels, and to remain on board the faid fhips or vef- fels until they arrive at their places of detona- tion. Sec. 65. And be it further enafted^ That the Collectors colleclors of the refpe6live dillri&s may, with pTiy row" the approbation of the Secretary of the Trea- boats. fury, provide and employ fuch fmall open row and fail boats in each diftrict, together with the requifite number of perfons to ferve in them, as fhall be neceflary for the ufe of the furveyors and infpe&ors in going on board of fhips and yefiels and otherwife, for the better detection of frauds ; the expenfe of which mall be defrayed out of the product of duties. Sec. 66. And be it further enafted* That if any officer of the cuftorns mall direclly or in- directly take or receive any bribe, reward or recompenie for conniving, or (hall connive at Ue any falfe entry of any fhip or veilel, or of any goods, wares or merchandize, and fhall be r T ccntry C 237 ] thereof convicted, every fuch officer (hall for- ' feit and pay a fum not lefs than two hundred, nor more than two thoufand dollars for each offence ; and any perfon giving or offering any bribe, recompenfe or reward for any fuch deception, collunon or fraud, (hall forfeit and pay a fum not lefs than two hundred, nor more than two thoufand dollars for each offence. And in all cafes where an oath is by this aft Otl ma acr s required from a mailer or other perfon having ofveifcisor , r n . rri r others \\ ho command or a ihip or veiiel, or from an owner or confignee of goods, wares and merchandize, his or her factor or agent, if the perfon fo fwearing mail fvvear falily, fuch perfon fhall, on indictment and conviction thereof, be pu- riiihed by fine or imprisonment, or both, in the difcretion of the court before whom the conviclion fhall be had, fo as the fine ihall not exceed one thoufand dollars, and the term of imprifonment mail not exceed twelve months. Sec. 67. And be it further cnaftcd, That all Mode of penalties accruing by any breach of this act, ^Trc ihall be iued for and recovered with cods of 5 g fuit, in the name of the United States of Ameri- ca, in any court proper to try the fame, and the trial of any fact which may be put in if- fue, mail be within the judicial diftrict in which any fuch penalty fliall have accrued, and the collector, within whofe diflrict the feizure (hall be made, is hereby authorized and directed to caufe fuits for the fame to be commenced and profecuted to effect, and to receive, diftribute and pay the fum or fums recovered, after firft deducting all neceffary cofls and charges, ac- cording to law. And that all ihips or veffels, goods, wares or merchandize, which fhall be- come forfeited by virtue of tl^is act, fhall be feizecl, libelled and profecuted as aforefaid, in o iettures. [ =38 ] Mode of tne P ra P er court having cognizance thereof ; profccuting which court fhall caufe fourteen days notice f- lcC cnSi- to be given of fuch fcizure and libel, by cau- & for- fing the fub fiance of fuch libel, with the order of the court thereon, fetting forth the time and place appointed for trial, to be infer ted in feme newfpaper, publifhed near the place of feizure, and alfo by potting up the fame in the mo ft public manner for the fpace of four- teen days 5 at or near the place of trial, for which advertifement a fum not exceeding ten dollars {hall be paid ; and proclamation {hall be made in fuch manner as the court fhall di- rect ; and if no perfon mail appear to claim fuch {Lip or vetfel, goods, wares or merchan- dize, the fame mall be adjudged to be forfei- ted ; but if any perfon fhall appear before fuch judgment of forfeiture, and claim any fuch ftiip or veflel, goods, wares or merchandize, and mall give bond to defend the profecution thereof, and to refpond the coil in cafe he mall not fupport his claim, the court fhall proceed to hear and determine the caufe according to law : And upon the prayer of any claimant to the court, that any {hip or vefTel, goods, wares or merchandize fo feized and profecu- fed, or any part thereof mould be delivered to fuch claimant, it fhall be lawful for the court to appoint three proper perfons to ap- praife fuch {hip or veffe], goods, wares or mer- chandize, who fhall be fworn in open court for the faithful difcharge of their duty ; and fuch appraifement fhall be made at the expence of the party on whofe prayer it is granted ; r.nd on the return of fuch appraifcment, if the cbimant fhall, with one or more fureties, to be approved of by the court, execute a bond in the ufual forip, to the United States, for fhe payment of a fum, equal to the fum at , f T r which the fhip or veilel, goods, wares or mcr- P rfecuting chandize, fo prayed to be delivered, be ap- */"a"~ praifed, the court (hall by rule, order fuch tfesTfor- ihip or veffel, goods, wares or merchandize, ie;tures * to be delivered to the faid claimant, and the faid bond (hall be lodged with the proper of- ficer of the court ; and if judgment (hall pafs in favor of the claimant, the court ihall caufe the laid bond to be cancelled ; but if judg- ment mall pafs againft the claimant, as to the whole or any part of fuch fhip or veiTel, goods, wares or merchandize, and the claimant fhall not within twenty days thereafter, pay into the court the amount of the appraifed value of fuch fhip or veffel, goods, wares or merchan- dize fo condemned, with the cofls, be > and Ilereb Y is eilablifhed to fettle the accounts between the United States, and the individual ftates ; and the determination of a majority of the faidcommiiFioners onthe claims fubmitted to them, (hall be final and conclu- five ; and they mail have power to employ fuch number of clerks as they may find ne- cefTary. Sec. 2. And be it further enacted , That the (aid commiflioners (hall rcfpectively take an [ =45 ] oath or affirmation before the chief juftice of who are t the United States, or one of the afibciate or | diflriQ: judges that they will faithfully and im- partially execute the duties of their office. And they mail each of them be entitled to receive at the rate of two thoufand two hundred and their faia- jifty dollars per annum, payable quarter year- ry * ly at the treafury of the United States, for their refpective fervices. Sec. 3. And be it further cnacicd, That it Mode of ihiili be the duty of the faid commiffioners to procedure receive and examine all claims which ihall be ; nj r claims, exhibited to them before the firfl day of July, one thoufand feven hundred and ninety-one, and to determine on all fuch as fhall have ac- crued for the general or particular defence du- ring the war, and on the evidence thereof, ac- cording to the principles of general equity (although fuch claims may not be fan&ioned by the refolves of Congrefs, or fupported by regular vouchers) fo as to provide for the final fettlement of all accounts between the United States and the flates individually ; but no evi- dence of a claim heretofore admitted by a ccm- miflioncr of the United States for any flate or diflri6l, mall be fubjeft to fuch examination ; nor mall the claim of any citizen be admitted as a charge againfl the United States in the account of any flate, unlefs the fame was al- lowed by fuch flate before the twenty-fourth day of September, one thoufand feven hundred and eighty-eight. Sec. 4. And be it further enafted, That it TO Hqui, fhall be the duty of the faid commiffioners to ^**\^ . examine and liquidate to fpecie value, on prin- credit sand ciples of equity, the credits and debits of the flates already on the books of the treafury for bills of credit fubfequent to the eighteenth of March, one thoufand feven hundred and eighty. Sec. 5. And be it further enaclcd, That the commifiioners fliall debit each flate with all o? ail the advances which have been, or may be made to ^ by t ^ le United States, and with the inter- ed thereon to the lad day of the year one thou- fand feven hundred and eighty-nine, and fliall credit each Hate for its difburfements and ad- vances on the principles contained in the third ieclion of this aft, with intereft to the day nfore- faid, and having (truck the balance due to each date, fliall find the aggregate of all the ba- lances, which aggregate mail be apportioned be- tween the dates agreeably to the rule herein after given ; and the difference between fuch apportionments, and the refpeftive balances, fliall be carried in a new account to the debit or credit of the dates refpeftively, as the cafe may be. , Sec. 6. And be it further emitted-^ That the The rule o. ..in i apportion- rule for apportioning to the dates the aggre- ineat. g ate O f t h e balances fird abovementioned, fhall be the fame that is prefcribed by the condi- tutiori of the United States, for the apportion- ment of reprefentation and direft taxes, and according to the fird enumeration which ihall be made. Creditor ^ ec - 7 And be it further enacled, That the dates who mall have balances placed to their -credit on the books of the treafury of the Uni- funded. ted States, fhall within twelve months after the lame fhall have been fo credited, be enti- tled to have the fame funded upon the fame terms with the other part of the dornedic debt of the United States ; but the balances fo cre- dited to any date mail not be transferable* Soc. 8. And be it further enacted^ That the 3;,; ar ;.,cf clerks employed, cr to be employed by the "^ c ' r laid commifiioners, fliall receive like i'alariecj s clerks employed in the treafury department. Sec. 9. And be it further emitted, That tlie Coutum- powers of the faid commifiioners (hail continue :i!KT " 1 . 1 . r1ic J7 COM!*- until the ftrft day of July, one thpufartd fevcn oners' hundred and ninety-two, unlefs the buiincis er *' mail be iboner atccompliihed. FREDERICK AUGUSTUS MUHLENBERC;, Speaker of the Houfe of Rcprefcnijl. '. JOHN ADAMS, Vicc-Prefidcnt of the United States, and Prcfidcnt of the Senate. APPROVED, Aug^fl the fifth, 1790: GEORGE WASHINGTON, Prejtdent of the United States. CHAPTER An Acl making further Provifion for the Pay- ment of the Debts of the United States. WHEREAS, by an aft, intituled, " An aft for laying a duty on goods, wares and merchandizes imported into the United States," divers duties were laid on goods, wares and merchandize fo imported, for the difcharge of the debts of the United States, and the encouragement and protection of ma- nufactures : And whereas the fupport of go- vernment and the difcharge of the faid debts, render it neceffary to encreafe the faid duties :- C 248 Sec. i . Be it cnattcd by the Senate and Houfe teMfte 3ift of Reprefentatives of the United States of Amc- cf Dec. next r ' ica ' m Con?rcfs affciiiblccL That from and the prefent ., , in/ r -r^-i 11 duties on alter the lait day or December next, the du- certamfpe- t j es fpecified and laid in and by the acl afore- cined arti- . r J ckstoceafe laid, mall ceaie and determine ; and that up- & other du- on a u rr 00( i s wa res and merchandize (not ties impo- ^ i i IN i i r i fed in lieu herein particularly excepted) which after the brought into the United States, from any foreign port or place, there fhall be levied, collected and paid the feveral and re- fpeclive duties following, that is to fay : Ma- deira wine of the quality of London particu- lar, per gallon, thirty-five cents ; other Ma- deira wine, per gallon, thirty cents ; Sherry wine, per gallon, twenty-five cents ; other wines, per gallon, twenty cents ; diililled fpi- rits, if more than ten per cent, below proof, according to Dycas's hydrometer, per gallon, twelve cents ; if more than five, and not more than ten per cent, below proof, according to the fame hydrometer, per gallon, t-.velve and an half cents ; if of proof, and not more than five per cent, below proof, according to the fame hydrometer, per gallon, thirteen cents ; if above proof, but not exceeding twenty per cent, according to the fame hydrometer, per gallon, fifteen cents ; if of more than twenty, and not more than forty per cent, above proof, according to the fame hydrometer, per gallon, twenty cents ; if of more than forty per cent, above proof, according to the fame hy- drometer> per gallon, twenty-five cents ; mo- lailes, per gallon, three cents ; beer, ale and porter in caiks, per gallon, five cents; beer, ale and porter in bottles, per dozen, twenty cents : Teas from China and India, in fhips or velfels of the United States, boheaper pound, ten cents , t 249 ] fouchong and other black teas, per 'pound, From & ^ Eighteen cents ; hyfon, per pound, thirty-two tcr th - 3*ft cents : other green teas, per pound, twenty f prefent cents ; Teas from Europe, in fliips or veffels dutle ? on of the United States, bohea per pound, twelve SSftfe" cents; fouchong and other black teas, per ckstoceafe pound, twenty-one cents ; hyfon, per pound, dutieshtt* forty cents; other green teas, per pound, twen- p fed ia ty-four cents : Teas from any other place, or m any other fhips or vefiels, bohea per pound, fifteen cents ; fouchong and other black teas per pound, twenty- feven cents ; hyfon per pound, fifty cents ; other green teas per pound, thirty cents; coffee per pound, four cents; co- coa per pound, one cent; loaf fugar per pound, five cents ; brown fugar per pound, one and an half cent ; other fugar per pound, two and an half cents ; candles of tallow per pound, two cents ; candles of wax or fpermaceti per pound, fix cents ; cheefe per pound, four cents ; foap per pound, two cents ; pepper per pound, fix cents ; pimento per pound, four cents ; manufactured tobacco per pound, fix: cents ; fnuff per pound, ten cents ; indigo per pound, twenty-five cents ; cotton per pound, three cents ; nails and fpikes per pound, one cent ; barr and other lead per pound, one cent ; fteel unwrought per one hundred and twelve pounds, feventy-five cents ; hemp per one hundred and twelve pounds, fifty-four cents ; cables per one hundred and twelve pounds, one hundred cents ; tarred cordage per one hundred and twelve pounds, one hun- dred cents ; untarred cordage and yarn per one hundred and twelve pounds, one hundred and fifty cents ; twine and pack thread per one hundred and twelve pounds, three hun- drerd cents ; fait per bufhel, twelve cents j malt VOL. I. I 2 I 250 ] per bu fuel, ten cents ; coal per bufliel, three Cents j boots per pair, fifty ^ents ; (hoes, flip- pers and golofhoes, made of leather, per pair, leven cents ; fhoes and flippers made of {ilk or fluff, per pair, ten cents ; wool and cotton cards, per dozen, fifty cents ; playing cards, per pack, ten cents ; all China ware, looking glafles, window and other glafs, and all manu- factures of glafs, (black quart bottles excepted) twelve and an half per centum ad valorem ; marble, flate and other Hones, bricks, tiles, tables, mortars and other utenfils of marble or flate, and generally all flone and earthen ware, blank books, writing paper, and wrap- ping paper, paper hangings, pafte-boards, ceruiiTo- parchment and vellum, pictures and prints, ther arti- painters colors, including lampblack, except rasper* thofe commonly ufed in dying, gold, filver and centum ad plated ware, gold and filver lace, jewellery and pafle work, clocks and watches, flioe and knee buckles, grocery, (except the articles be- fore enumerated) namely, cinnamon, cloves, mace, nutmegs, ginger, annifeed, currants, dates, figs, plumbs, prunes, raifms, fugar-can- dy, oranges, lemons, limes, and generally, all fruits and comfits, olives, capers and pickles of every fort, oil, gun-powder, rnuflard in flour, ten per centum ad valorem ; cabinet- wares, buttons, faddles, gloves of leather, hats of beaver, felt, wool, or a mixture of any of them, millenary ready made, caftings of iron, and flit and rolled iron, leather tanned or taw- ed, and all manufactures of which leather is the article of chief value, except fuch as are herein otherwife rated, canes, walking-flicks and whips, cloathing ready made, brulhes, an- chors, all wares of tin, pewter, or copper, all or any of them, medicinal drugs, except thofe U 251 ] Commonly ufed in dying, carpets and carpet- on certain ing, all velvets, velverets, fattins and other ^^"^j wrought filks, cambrics, muflins, muflinets, rate* per. lawns, laces, gauzes, chintzes, and colored cal- ? " c1 licoes, and nankeens, feven and an half per centum ad valorem. All goods, wares and merchandize imported directly from China or India in (hips or veflels not of the United States, teas excepted, twelve and an half per centum ad valorem. All coaches, chariots, phaetons, chaifes, chairs, folos or other carri- ages, or parts of carriages, fifteen and an half per centum ad valorem ; and five per centum ad valorem upon all other goods, wares and merchandize, except bullion, tin in pigs, tin plates, old pewter, brafs teutenague,'iron and brafs wire, copper in plates, fait petre, plaifter of Paris, wool, dying woods, and dying drugs, raw hicl^s and (kins, undrefled furs of every kind, the fea-ftores of mips or veflels, the cloaths, books, houfehold furniture, and the tools or implements of the trade or profeflion of perfons who come to refide in the United States, philofophical apparatus, fpecially im- ported for any feminary of learning, all goods intended to be re-exported to a foreign port or place, in the fame fliip or veflel in which they mall be imported, and generally, all ar-. tides of the growth, product or manufactures of the United States. Sec. 2. And be it further cnafted. That an addition of ten per centum mail be made to the feveral rates of duties above fpecified and centum on r , r r> 11 i i " thcratea impofed, in refpect to all goods, wares and ot duty he- merchandize, which after the faid lad day of r f f P c ^- December next, mail be imported in mips or veflels not of the United States, except in the cafes in whkh an additional duty is herein be--. [ fore fpecially laid on any goods, wares or mer- chandizes, which fhall be imported in fuch Ihips or veflels. Sr^codf ^ec. 3' . And be lt f urt h er wafted, That all exported duties which fhall be paid or fecured to be paid by virtue of this act, fhall be returned or diicharged in refpect to all fuch goods, wares or merchandize, whereupon they fhall have been fo paid, or fecured to be paid, as, within twelve calendar months after payment made or fecurity given, fhall be exported to any fo- reign port or place, except one per centum on the amount of the faid duties, which (hall be retained as an indemnification for what- ever expenfe may have accrued concerning the fame. Bounty on Sec. 4. And be it further enacted^ That SSTo/dri- there fhall be allowed and paid on dried and fc d i fi pkk " pickled fifh, of the fifheries of the United falted pro- States., and on other provifions falted within vifions. t he faid flates, -which after the faid lafl day of December next fhall be exported therefrom to any foreign port or place, in lieu of a draw- back of the duty on the fait which fhall have been expended thereupon, according to the following rates ; namely : Dried fifh per quin- tal, ten cents ; pickled fifh and other falted provifions per barrel, ten cents. Duties or Sec. 5. And be it further enafted^ That onT b fpeci- wnere duties by this act are impofed, or draw- fic quantity backs allowed on any fpecific quantity of appTvin' 10 goods, wares and merchandize, the fame mall proportion be deemed to apply in proportion to any quan- quant'itie^ tity, more or k6 than fuch fpecific quantity. Duties ac- $ ec . , J n d be it further enatted^ That all Slthm a the duties which by virtue of the act, intituled, certain ^ n a & f or laying a duty on goods, wares time remit- , ,. J . i i TT v led, and merchandizes imported into the Unitea States," accrued between the time fpecified in the faid aft for the commencement of the faid duties, and the refpe&ive times when the collectors entered upon the duties of their re- fpe&ive offices in the fever al diftritts, be, and they are hereby remitted and difcharged, and that in any cafe in which they may have been paid to the United States^ reflitution thereof mail be made. Sec. 7. And be it further enaded, That the feveral duties impofed by this at ihall conti- duty by nue to be colleded and paid, until the debts a d f u and purpofes for which they are pledged and appropriated, mall be fully difcharged : Pro- vided, That nothing herein contained mall be conftrued to prevent the legiilature of the United States from fubftituting other duties or taxes of equal value to any or all of the faid duties and impofts, FREDERICK AUGUSTUS MUHLENBERG, Speaker of the Houfe of Reprefentatives. JOHN ADAMS, Vice- Prefident of the United States > and Prefident of the Senate. APPROVED, Auguftthe tenth, 1790 : GEORGE WASHINGTON, Prefident of the United States. C CHAPTER XL. An Ad to enable the Officers and Soldiers of the Virginia Line on continental EJlablifhinent^ to obtain Titles to certain Lands lying North-ivejl of the Ri-ver Ohio, between the Little Miami and Sciota. Seftion i. T> E // enabled by the Senate and Jj Houfe of Reprefentatives of the United States of America^ in Congrefs ajfembled, offer- That the ad of Congrefs of the feventeenth of July* one thoufand feven hundred and eighty- eight, relative to certain locations and furveys made by, or on account of the Virginia troops on continental eftablifhment upon lands be- tween the Little Miami and Sciota rivers, north-weft of the Ohio, be, and the fame is hereby repealed. Recital. And whereas the agents for fuch of the troops, of the ftate of Virginia, who ferved on the continental eftablifhment in the army of the United States, during the late war, have reported to the executive of the faid ftate, that there is not a fufficiency of good land on the fouth-eafterly fide of the river Ohio, ac- cording to the acl: of ceflion from the faid ftate to the United States, and within the limits afligned by the laws of the faid ftate, to fatisfy the faid troops for the bounty lands due to them, in conformity to the faid laws : to the intent therefore that the difference between what has already been located for thefaid troops, on the fouth-eafterly fide of the faid river, and the aggregate of what is due to the whole of the faid troops, may be located on the north- wefterly fide of the faid river, and between the Sciota and Little Miami rivers, as ftipuhted by the laid ftate : C 355 1 Sec. 2. Be it further enabled, That the Se- cretary of the department of war, ihallmake make re- return to the executive of the (late of Vir- JJJJJJ^ve? ginia of the names of fuch of the officers, non- of Virginia commiffioned officers and privates of the line of ^^ t c eu " the faid (late, who ferved in the army of the bounty United States, on the continental eilablilh- ment, during the late war, and who in con- formity to the laws of the faid ftate, are en- titled to bounty lands ; and (hall alfo in fuch return ftate the aggregate amount in acres due to the faid line by the laws aforefaid. Sec. 3. And be it further enafted, That it *&*. fhall and may be lawful for the faid agents to ta in land* locate to and for the ufe of the faid troops, { * ufc between the rivers Sciota and Little Miami, troops j fuch a number of acres of good land, as, fhall, together with the number already lo- cated between the faid two rivers, and the number already located on the fouth-eafterly fide of the river Ohio, be equal to the ag- gregate amount, fo to be returned as afore- iaid by the Secretary of the department of war. Sec. 4. And be it further enafted, That the faid agents, as foon as may be after the lo- cations, furveys and allotments are made and completed, fhall enter in regular order, in a and to en - book to be by them provided for that purpofe, book the the bounds of each location and furvey be- bound* of i r . , . , J each loca.- tween the faid two rivers, annexing the name t um and of the officer, non-commiffioned officer or fuive y private originally entitled to each ; which en- tries being certified by the faid agents, or the majority of them, to be true entries, the book containing the fame (hall be filed in the office \ cf the Secretary of State. Sec. 5. And be it further watted* That it t mal1 be lawful for the Prefldent of the United letters pa- States to caufe letters patent to be made out *adeout e in fuch words and form as he mail devife and tothofcen- direct, granting to fuch perfon fo originally bo!my entitled to bounty lands, to his ufe, and to lands.. the ufe of his heirs or afligns, or his or their legal representative or reprefentatives, his, her or their heirs or ailigns, the lands defignated in the faid entries : Provided always^ That be- fore the feal of the United States lhall be af- fixed to fuch letters patent, the Secretary of the department of war ihall have indorfed thereon that the grantee therein named, was originally entitled to fuch bounty lands, and that he has examined the bounds thereof with the book of entries filed in the office of the Secretary of State, and finds the fame truly inferted ; and every fuch letters patent mail be counterfigned by the Secretary of State, and a minute of the date thereof, and of the name of the grantee mall be entered of record in his office, in a book to be fpecially provided for the purpofe. Secretary Sec. 6. And be it further ena^ed^ That it transit' &all be the duty of the Secretary of State, as the fame to f OO n as may be after the letters patent mall be tiv^oTvir- fo completed and entered of record, to tranf- R. inia - mit the fame to the executive of the ftate of Virginia, to be by them delivered to each grantee ; or in cafe of his death, or that the right of the grantees lhall have been legally transferred before fuch delivery, then to his legal reprefentative or representatives, or to ne of them. JcntCb^" Sec - 7- And be ' lt farther enaficd, That no tained fees mall be charged for fuch letters patent record, to the grantees, their heirs or t *57 3 jufigns, or to his or their legal reprefentative or reprefentatives. FREDERICK AUGUSTUS MUHLENBERG* Speaker of the Hoitfe of Reprefeniaiivcs. JOHN ADAMS, Vice-Pref dent of the United States, and Prefident of the Senate. APPROVED, Auguft the tenth, 1790 : GEORGE WASHINGTON, Prefident of the United States < CHAPTER XLL An Ad authorizing the Secretary of the Trcafury to Jinijh the Light- Hoitfe on Portland-Head j in the Diflricl of Maine. BE // enaclcd by the Senate and Houfe ofRe- prefentativcs of the United States 6>f Ame- rica in Conrrcfs affemb/ecL T'hat there be ap- i5 do1 - i d .j "*5 r i r 1* appro 1 ' propnated and paid out or the monies anting pr i a ted. from the duties on imports and tonnage, a fum not exceeding fifteen hundred dollars, for the purpofe of finilhing the Light-Houi r e on Port- land-Head, in the diftrict of Maine ; and that the Secretary of the Treafury, under the di- re&ions of the Prefident of the United States, be authorized to caufe the faid light-houfe to be finifhed and completed accordingly. FREDERICK AUGUSTUS MUHLENBERG, Speaker of the Houfe of Reprefentatives. JOHN ADAMS, Vice- Prefident of the United States, and Prefident of the Senate. APPROVED, Auguft the tenth, 1790 : GEORGE WASHINGTON, Prefident of the United States* r VOL. I. K 2 CHAPTER XLII. An Acl to alter the "Times for holding the Cir- cuits Courts of the United States in the Di/l rifts of South-Carolina and Georgia, and providing that the Diftncl Court of Pennfylvania, Jhall in future be held at the dry of Philadelphia only. Gii cult Section i. TJE // enaclcd by the Senate and wh aod JL$ Kwfe of Reprefentatives of the United States of America in Congrefs qffembled, That the circuit courts of the United States in the diflricls of South- Carolina and Georgia, (hall for the future be held as follows, to wit : In the diflritl of South-Carolina on the twenty- fifth day of October next, at Charleflon, and in each fucceeding year at Columbia, on the twelfth day of May, and in Charleflon on the twenty-fifth day of October ; in the dif- trict of Georgia on the Fifteenth day of Oc- tober next, at Augufla, and in each fucceed- ing year at Savannah, on the twenty-fifth day of April, and at Augufla on the fifteenth day of Oclober ; except when any of thofe days (hall happen to be Sunday, in which cafe the court fhall be held on the Plonday following. And all procefs that was returnable under the. former law at Charleflon, on the firfl day of October next, and at Augufla on the feven- teenth day of Oclober, mail now be deemed returnable reflectively at Charleflon on the twenty-fifth day of Oclober next, and at Augufla on the fifteenth day of Oclober next; any thing in the former law to the contrary notwithstanding. Sec * 2 * ^ nd ^ e '* f urtfjer watted. That fo repealed.^ much of the acl, entitled, " An act to eflablifh the judicial courts of the United States," as C directs that the tliitrid court for the difltkl of Pennfylvania (hall be held at Yorktown in the faid flate, be repealed ; and that in future the diftrid: court for Pennfylvania be held in the city of Philadelphia. FREDERICK AUGUSTUS MUHLENBERG, Speaker of the Iloufe of Reprefcntativcs. JOHN ADAMS, Vice-Prefident If the United States, and Prefident of the Senate. APPP.OVED, Auguft the eleventh, 1790 : GEORGE WASHINGTON, Prefident of the United States. CHAPTER XLI1L An Ad declaring the Affent of Congrefs to cer- tain Ads of the States of Maryland, Georgia, -and Rhode-Jjland and Providence Plantations* (EXPIRED.} CHAPTER XLIV. 4n Acl for the Relief of difabled Soldiers and Seamen lately in the Service of the United States, and of certain other Perfom. Sec. i. If) E /'/ enafted by the Senate and J|j Houfe of Reprefentatives of the United States of America in Congrefs affembled, That Stephen Califfe, Jeremiah Ryan, Jo- feph M ; Gibbon, Samuel Garretfon, Ephraim Prvfr . M'Coy, Chriftian Khun, David Steele, Jofeph t.dcd Shuttlief, and Daniel Culver, difabled foldiers P t cl ktely in the fervice of the United States, be rate. Perfonsen- allowed penfions at the rate of five dollars per titled to i r i i pen(ions,5c Httontli from the time tneir pay in the army re* at what fpectively ceafed. That Chriftian Wolfe, a dill abled ibidicr, be allowed a penfion at the rate of four dollars per month from the date of his difcharge. That Edward Scott, a difabled fol- dier, be allowed a penficn at the rate of three dollars per month from the date of his dif- charge, That David Weaver and George ;Schell, difabled folciiers, be each allowed a penfion, at the rate bf two dollars per month, from the date of their refpeftive difcharges. That Seth Boardman, a difabled foldier, be allowed a penfion, at the rate of three dollars and one third of a dollar per month, from the feventeenth day of March, one thoufand feven hundred and eighty-fix. That Severinus Koch, a difabled captain of colonel Jacob Klock's re- giment of New- York militia, be allowed a pen^ iion, at the rate of five dollars per month, from the twentieth day of Au.guft, one thoufand fe- ven hundred and feventy-feven. That John Younglove, a difabled major of colonel Lewis Van Woort's regiment of New- York militia, be allowed a penfion at the rate of fix dollars per month, from the thirtieth day of July, one thoufand feven hundred and eighty-one, Tl^at William White, a difabled private of colonel Williams regiment of New- York militia, be allowed a penfion, at the rate of three dollars and one third of a dollar per month, from the fir ft day of April, one thoufand feven hun- dred and eighty-fix. That Jacob Newkerk, a difabled foldier of colonel John Harper's re- giment of New- York (late troops, be allowed a penfion, at the rate of three dollars per month, from the twenty-fecond day of Oclo- |}er ? one thoufand feven hundred and eighty, That David Poolc, a difabled feaman lately in the fervice of the United States, be allowed a pcnfion of five dollars per month, to com- mence on the fifth of March, one thoufand feven hundred and eighty-nine. Sec. 2. And be it further waded, That Ca- s r s 1 ' / % . tClj 3 December twenty-ieventh. 1790"- GEORGE WASHINGTON, Prefidtn! of ihe United States. CHAPTER II. An Acl to provide for the Unlading of Ships or Vcjp!s 9 i:i Cafes of Qbftru&ion by Ice. Recital. "^ }\ THE RE AS it foinetimes happens, that fhips or veilels are obftrucled by ice in their pafTage to the ports of their deftination, and it is neceffary that provifion . fhould be made for unlading fuch fhips or vefiels : in cafes of Seclion i . EC it enafted by .the Senate and wbftmjSbon pj OM r e O f Rcprcfcntati'ves of the United States cf ov icc col *J J * / / J leetor may America in Congrefs ajfemblcd^ That in all cafes tr^'aT aT' WRere a ^^P or iv^flel fliall be prevented by ice other plane from getting to the port at which her cargo d^ria, his is ^tended to be delivered, it ihall be lawful for the collector of the diftrit, in which fuch fhip or veifel may be ib obftructed, to receive the [ 2/7 ] report and entry of any fuch {hip or vefiel, and with the confent of the naval- officer (where there is one) to grant a permit or permits for unlading or landing the goods, wares or mer- chandize imported in fuch fhip or vetfel at any place within his diftri&, which (hall appear to him to be rnoft convenient and proper. Sec. 2. And be it further cnattcd, That the Under thc report and entry of fuch ihip or veiiel, and -of ^a> regu- i i ,- j it latioru ia her cargo, or any part thereof, and all penons ul < lcrci;tfi . concerned therein, (hall be under and fubject to the fame rules, regulations, reftricdons, pe- nalties and provilions, as if the faid fhip or vcf- fcl had arrived at the port of her deidnation, and had there proceeded to thc delivery of hvir cargo.' FREDERICK AUGUSTUS MUHLENBERG, Speaker of the lioufc of Rcprefcntati-vcs. JOHN ADAMS, Vice-Prcfidcni of the United States i and Prefident of thc Senate. APPROVED, January the feventh, 1791 : GEORGE WASHINGTON, Prefident of the United Stetcs. C H A P T E R III. An Al to continue an Aft^ intituled^ " An Act declaring the AJTcnt of Congrefs to certain Arts of the States of Mary!and,Georgia^ and Rhode- If I and and Providence Plantations," fo far as the fame rcfpccts the States of Georgia, and Rhode -IJland and Providence Pollutions. (EXPIRED.) C *?8 3 CHAPTER IV. An An declaring the Confent of Congrefs, that a nnv State be formed 'within the Jurif diction tf the Commonwealth of Virginia, and admit- ted into this Union, by the Name of the State ef Kentucky. WHEREAS theLegiflature of the Com- monwealth of Virginia, by an ad en- titled, " An aft concerning the eredion of the diflridof Kentucky into an independent (late/* parled the eighteenth day of December, one thoufand feven hundred and eighty-nine, have consented, that the diftrid of Kentucky, with- in the jurifdidion of the laid Commonwealth, and according to its actual boundaries' at the time of palling the ad aforefaid, Ihould be formed into a new (late : And whereas a con- vention of delegates, chofen by the people of the laid diftrict of Kentucky, have petitioned Congrefs to confent, that, on the firil day of June, one thoufand feven hundred and ninety- two,, the faid diftrid Ihould be formed into a new date, and received into the Union, by the name of " the State of Kentucky :" onfent of Sedion i. Be it enaded by the Senate and Congrefs Hoitfe cf Reprefentatwes of the United States of o^vh-ginil America in Congrefs ajfe?nbled, and it is hereby within cer- enacJed and declared. That the Congrefs doth lTic^TuC nfent 3 that the faid diftrid of Kentucky, income a within the jurifdidion of the Commonwealth ' of Virginia, and according to its adual boun- daries, on the eighteenth day of December, one thoufand feven hundred and eighty-nine, fhall, upon the firit day of June, one thoufand feven hundred and ninety-two, be formed in- to a new ftate, feparate from, and independant f, the faid Commonwealth of Virginia. Sec. 2. And be it further enacted and declar- when and ed, That upon the aforefaid fir ft day. of -June, ^J^J. one thoufand feven hundred and ninety-two, mined into the faid new ftate, by the name and (tile of th8 uaioBr the State of Kentucky, mall be received and admitted into this Union, as a new and entire member of the United States of America. FREDERICK AUGUSTUS MUHLENBERG, Speaker of the Houfe of Reprefentatives. JOHN ADAMS, Vice-Preftdent of the United States^ and Prefident of the Senate. APPROVED, February the fourth, 1791 : GEORGE WASHINGTON, Prefident of the United States. CHAPTER V, An Aft declaring the Confent of Congrefs to a certain A ft of the State of Maryland. (EXPIRED.) CHAPTER VI. An Aft making Appropriations for the Support of Government during the Tear one thoufand feven hundred and ninety -one , and for other Purpofes. BE it enacled by the Senate and Houfe ofRe- prefentatives of the United States of Ame- rica in Congrefs affembled. That there be ap- propriated the feveral Aims, and for the feve- [ cSo ] ral P} ir P orc3 following, to wit : A fum not ex- / -no- ceeding two hundred and ninety-nine thoufand two hundredand icventy-fix dollars and fifty- three .cents, for defraying the expenfes of the civil lift, as eflimated by the Secretary of the Trcafury, in the fbtement, number one, ac- companying his report to the Houfe of Repre- fentatives of the fixth inftant, including the contingencies of the feveral executive officers, and of the two Houfes of Congrefs, which are hereby authorized and granted : a fum not ex- ceeding fifty thrufand feven hundred and fif- ty-fix dollars and fifty-three cents, for fatisfy- ing the feveral objects fpecified in the ftatc- ment, number two, accompanying the report aforefaid, all fuch whereof, as may not nave been heretofore provided for by law, being hereby authorized ; and a fum not exceeding three hundred and ninety thoufand one hun- dred and ninety-nine dollars and fifty-four cents, men* of f r the ufe of the department of war, purfuant w ar ; to the Itatement, number three, accompanying the report aforefaid, including therein the fum. of one hundred thoufand dollars, for defray- ing the expenfes of an expedition lately car- ried on againft certain Indian tribes ; and the fum of eighty-feven thoufand four hundred and fixty-three dollars and fixty cents, being invaHds- & t ^ le amount 'f one y ear 's penfions to invalids, together with the contingencies of the faid de- out of what partment, which are hereby authorized: Which funds pay- f ever al fums (hall be paid out of the funds fol- lowing, namely, The fum of fix hundred thou- fand dollars, which, by the act, intituled, '"An a6t making proviiion for the debt of the Uni- ted States," is referved yearly for the fupport of the government of the United States, and their common defence j the amount of fuch furplufes as may remain in the treafury, after fatisfying the purpofes for which appropriations ^ 5 pay were made, by the acls refpeftively, intituled, " An act making appropriations for the fer- vice of the prefent year," paffed the twenty- ninth day of September, one thoufand feven hundred and eighty-nine ; " An ad making appropriations for the fupport of government for the year one thoufand feven hundred and ninety," paifed the twenty-fixth day of March, one thoufand feven hundred and ninety ; " An act making certain appropriations therein men- tioned," patted the twelfth day of Auguft, one thoufand feven hundred and ninety, and the producl, during the prefent year, of fuch duties as mall be laid in the prefent feflion of Congrefs. FREDERICK AUGUSTUS MUHLENBERG, Speaker of the Houfe of Reprefentatives. JOHN ADAMS, Vice-Prefident of the United States^ and Preftdent of the Senate. APPROVED, February the nth, 1791 : GEORGE WASHINGTON, Prefident of the United States^ CHAPTER VII. An Aft for the AdmiJJion of the State of Vermont into this Union. THE State of Vermont having petitioned the Congrefs to be admitted a member of the United States, Be it enafted by the Se- nate and Houfe of Reprefentatiws of the Untied VOL. I. N 2 C 282 ] States of America in Congrefs affembled^ and it u state of hereby enacted and declared, That on the fourth Vermont day of March, one thoufand feven hundred mittecHnto an ^ ninety-one, the faid (late, by the name and union, 4 th ftile of " the State of Vermont," mail be re- ceived and admitted into this Union, as a new and entire member of the United States of America. FREDERICK AUGUSTUS MUHLENBERG, Speaker of the Honfe of Rcprefentatives. JOHN ADAMS, Vice-Prefidcnt of the United States, and Prefedent of the Senate. APPROVED, February the iSth, 1791 : GEORGE WASHINGTON, Prefident of the United States. CHAPTER VIII. An Aft to continue in Force ', for a limited Time, an Acl pajjed at the firft Sejfion of Congrefs , intituled, " An acl to regulate ProceJJes in the Courts of the United States." (EXPIRED.} CHAPTER IX. An Acl regulating the Number of Reprefenta- tives to be chofen by the States of Kentucky and Vermont. a au- T) E // enacled by the Senate and Houfe ofRe- JO prefentatives of the United States of Ame- ^Habitants rica in Congrefs ajjembled^ That until the Re- prefentatives in Congrefs fhall be apportioned fotcs of according to an actual enumeration of the in- ^J 1 y^ habitants of the United States^ the dates of mont, en- Kentucky and Vermont fhall each be entitled to choofe two Reprefentatives. FREDERICK AUGUSTUS MUHLENBERG, Speaker of the Houfe of Reprefcntative s. JOHN ADAMS, Vice-Prefidcnt of the United States, and Prefident of the Senate. APPROVED, February the 25th, 1791 : GEORGE WASHINGTON, Prefident of the United States. CHAPTER X. An Act to incorporate the Subfcribers to the Bank of the United States. WHEREAS it is conceived that the ef- p reair .bfc tabliihment of a bank for the United States, upon a foundation fufficiently extenfive to anfwer the purpofes intended thereby, and at the fame time upon the principles which af- ford adequate fecurity for an upright and pru- dent adminiftration thereof, will be very con- ducive to the fuccefsful conducting of the na- tional finances ; will tend to give facility to the obtaining of loans, for the ufe of the go- vernment, in fudden emergencies ; and will be productive of confiderable advantages to trade and induflry in general : Therefore^ ing. Sec. i . BE it enacted by the Senate and Houfc incut of a ^ Rcprefentatives of the United States of Ame- ij a . n states,* e rica in Congrefs affembled, That a bank of the * a divhk>n ^ m ' t d States fhall be eflablifhed ; the capital of its ftock, flock whereof mall not exceed ten millions of dollars, divided into twenty- five thoufand mares, each fhare being four hundred dollars ; and that fubfcriptions, towards conflituting the laid flock, fhall, on the firfl Monday of April next, be opened at the city of Philadelphia, under the fuperintendance of fuch perfons, not lefs than three, as fhall be appointed for that purpofe by the Prefident of the United States (who is hereby empowered to appoint the faid perfons accordingly) which fubfcriptions mall continue open, until the whole of the faid flock mall have been fubfcribed. Sec. 2. And be it further enaffed. That it {hall be lawful for any perfon, co-partnermip 3 or body politic, to fubfcribe for fuch or fo ma- ny mares, as he, me, or they mall think fit, not exceeding one thoufand, except as fhall be hereafter direfted relatively to the United States ; and that the fums, refpeftively fub- fcribed, except on behalf of the United States, mall be payable one fourth in gold and filver, and three fourths in that part of the public debt, which, according to the loan propofed in the fourth and fifteenth feftions of the aft, entitled, " An aft making provifion for the debt of the United States," fhall bear an ac- cruing interefl, at the time of payment, of fix per centum per annum, and fhall alfo be pay- able in four equal parts, in the aforefaid ratio of fpecie to debt, at the diflance of fix calen- dar months from each other ; the firfl where- of fhall be paid at the time of fubfcriptiom y whom to be fub- fcribed. Prooor- tioas of goid and and the public debt to be fubfcribed, and when to be paid, C 285 ] Sec. 3. And be it further enafted. That all subfcribf rs I hofe, who fhall become fubfcribers to the faid to ^ * i^- .bank, their fucceffors and affigns, fhall be, and dy poli are hereby created and made a corporation and body politic, by the name and flile of The E 7 what President, Directors and Company of the Bank howbnjgtg of me United States ; and fhall fo continue, un- continue. ti#he fourth day of March, one thoufand eight Jpandred and eleven : And by that name, fhall ^oe, and are hereby made able and capable in f law, to have, purchafe, receive, poffefs, enjoy, and retain to them and their fucceffors, kinds, Pmvcrs - rents, tenements, hereditaments, goods, chat- tels and effects of what kind, nature or quali- ty foever, to an amount, not exceeding in the whole fifteen millions of dollars, including the amount of the capital flock aforefaid ; and the fame to fell, grant, deinife, aliene or difpofe of ; to fue and be fued, plead and be implead- ed, anfwer and be anfwered, defend and be defended, in courts of record, or any other place whatfoever : And alfo to make, have, and ufe a common feal, and the fame to break, TO have a alter and renew, at their pleafure ; and alib ftal > to ordain, eflablifh, and put in execution, fuch ^ bye-laws, ordinances and regulations, as fliall bHfli bye- feem neceffary and convenient for the govern- laws * ment of the faid corporation, not being con- trary to law, or to the conftitution thereof (for which purpofe, general meetings of the flock- holders fhall and may be called by the direc- tors, and in the manner hereinafter fpecified) and generally to do and execute all and fingu- lar acls, matters and things, which to them it {hall or may appertain to do ; fubject: never r thelefs to the rules, regulations, reflriftions, limitations and pro vifions hereinafter prefer jb- ed and declared. [ 286 ] Sec. 4. And be it further enabled, That, for tne well ordering of the affairs of the faid cor- poration, there mall be twenty-five directors ; of whom there (hall be an election on the firfl Monday of January in each year, by the flock- holders or proprietors of the capital flock of the faid corporation, and by plurality of the votes actually given ; and thofe who {hall be duly chofen at any election, fhall be capable of ferving as directors, by virtue of fuch choice, until the end or expiration of the Monday of January next enfuing the time of fuch elec- tion, and no longer. And the faid directors, And of a at their fi 1 ^ meeting after each election, fhall choofe one of their number as Prefident. Sec. ;. Provided always, and be it further enafted, That, as foon as the fum of four hun- vv'heii dred thoufand dollars, in gold and filver, fhall in at leafl two public gazettes printed in the city of Philadelphia ; and the faid perfons mail, at the fame time in like manner, notify a time and place within the faid city, at the diflance of ninety days from the time of fuch notifica- tion, for proceeding to the election of direc- tors and it mail be lawful for fuch election to be then and there made ; and the perfons, who {hall then and there be chofen, (hall be fervicc. t j le f ir [| tlirtctors, and fhall be capable of ing, by virtue of fuch choice, until the end or expiration of the "Monday in January nexr en- fui'ig the time of making the fame, t,nd fhall forthwith thereafter commence the operations of the laid bank, at the faid city of Philadel- phia, And fr^ddcd further. That, in cafe it C 287 ] flioulj at any time happen, that an election of directors fnould not be made upon any day when purfuant to this act it ought to havj been made, the faid corporation lhali that caufe, be deemed to be diiTolved ; but it {hall be lawful, on any other day, to held and make an election of directors in fuch ma:: as (hall have been regulated by the laws and ordinances of the faid corporation. And _ vidcdla/Uy, That, in cafe of the death, re nci( , 5 nation, abfence from the United States, or re- moval of a director by the ftockholders, his place may be filled up, by a new choice, for the remainder of the year. Sec. 6. And be it further enacted. That the .... directors for the time being (hall have power to appoint fuch officers, clerks, and fervant; under them, as (hall be neceffary for execu- ting the bufmefs of the faid corporation, and to allow them fuch compenfation, for their fervices refpectively, as (lull be reafonabL ; and mail be capable of exercifmg fuch other powers and authorities, for the well govern;:. and ordering of the affairs of the faid corpora- tion, as (hall be defcribed, fixed, and deter- mined by the laws, regulations, and ordinan- ces of the fame. Sec. 7. And be it further enacted. That the following rules, reftriccions, limitations and r provifions, mail form and be fundamental ar- Cu- ticles of the conitituticn of the faid corpora- tion, viz. I. The number of votes to which each (lock- gtockW : holder fhall be entitled, mall be according to d the number of (hares he (hall hold, in the pro- portions follov/iiiT: That is to fay, for ore n i i n ' -b- (hare, and not more than two ihares, one vote : C 238 ] For every two fhares above two, and not ex- ceeding ten, one vote : For every four Ihares above ten, and not exceeding thirty, one vote : For every fix (hares above thirty, and not exceeding fixty, one vote : For every eight fhares above fixty, and not exceeding one hun- dred, one vote : And for every ten {hares above one hundred, one vote : But no perfon, co- jpartnerfhip, or body politic fliall be entitled to a greater number than thirty votes. And after the firft election, no mare or (hares fhall confer a right of fuffrage, which (hall not have been holden three calendar months previous in certain to the day of election. Stockholders actually voJe'by 17 refident within the United States, and none proxy. other, may vote in elections by proxy. Number of IJ - Not more t ^ lan t ^ lree fourths of the di- rectors in office, exclufive of the prefident, ke eligible for the next fucceeding year : year, and But the director, who (hall be prefident at the time of an election, may always be re-elec~tedo who are di- ^* None but a (tockholder, being a citi- zeii of the United States, mall be eligible as a director. IV. No director (hall be entitled to any emo- lument, unlefs the fame (hall have been allow- ed by the ftockholders at a general meeting. The ftockholders (hall make fuch compenfa- tion to the prefident, for his extraordinary at- tendance at the bank, as (hall appear to theni reafonable. How to V. Not lefs than feven directors (hall con- aboard te ^ tute a board for the tranfaclion of bufmefs,- of whom the prefident (hall always be one, ex- cept in cafe of ficknefs, or neceffary abfence ; in which cafe his place may be fupplied by any other director, whom he, by writing under his hand, mail nominate for the purpofe. treafurerto t 289 ] VI. A number of (t'ockholders, not lefs Dumber of than fixty, who, together (hall be proprietors ft r ;| c ^ 1 o d u ". of two hundred (liares or upwards, (hall have C r4i to call power at any time to call a general meeting ^' of the fiockholders, for purposes relative to he inilitution, giving at lead ten weeks notice, in t\vo public gazettes of the place where the bank is kept, and fpecifying, in fuch notice, the object or objects of fuch meeting. VII. Everv cafhier or treafurer, before he C J t i r i r>^ n 11 i t enters upon the duties 01 ins cince, Ihall Bfeg required to give bond, with two or more fu re- ties, to the fatisfacticn of the directors, in a fum not lefs than fifty thoufand dollars, with condition for his good behaviour. VIII. The lands, tenements and heredita- L ; m{tat?oa s i r\ 11 i i r i r i r i ot proper- nicnts which it mall be lawful lor tne laid cor- t v; poration to hold, fhall be only fuch as ihall be re- quifite for its immediate accommodation in re- lation to the convenient traniacling of its bufi- nci r s, and fuch as (hall have been bonafide mort- gaged to it by way of fecurity, or conveyed to it in fatisfa&ion of debts previoufly contrac- ted in the courfe of its dealings, or purcliafed nt fales upon judgments which ihall have, been obtained for fuch debts. IX. The total amount of the debts, which the faid corporation ihall at any time owe, whe- ther by bond, bill, note, or other contract, owe. fli all not exceed the fuin of ten millions of dollars, over and above the monies then actu- ally depofited in the bank for fafe keeping, unlefs the contracting of any greater debt i" cafe of fhall have been previoufly authorized by a law r^drs^c of the United States. In cafe of excels, the directors, under whofe adininiilration it {hall happen, fhall be liable for the fame, in their VOL. I, O2 C 290 '] natural and private capacities ; and ah aclioii of debt, may in fuch cafe, be brought again ft them, or any of them, their or any of their heirs, executors or adminiftrators, in any court of record of the United States, or of either of them, by any creditor or creditors of the faid corporation, and may be profecuted to judg- ment end execution ; any condition, covenant, or agreement to the contrary notwithstanding, inav be But this Shall not be conPirued to exempt the ecuteci. f a j c | corporation, or the lands, tenements, goods or chattels of the fame, from being alfo liable for and chargeable with the faid excefs. Exception ^ Such of the faid directors, who may have been abfentcL abient when the faid excefs was contracted or of created, or who may have diSTented from the refolution or act whereby the fame was fo ccn- tracted or created, may refpeftively exone- rate themfelves from being fo liable, by forth- with giving notice of the fact, and of their ab- fence or diifent, to the Prefident of the United States, and to the Stockholders, at a general meeting, which they mall have power to call for that purpofe. Corpora- X. The faid corporation may fell any part IviT S: f tlie P u ^ n ' c debt whereof its ftock mall be fiiaii fuch rules as (hall be inftituted in that behalf, by the laws and ordinances of the fame. XIII. The bills obligatory and of credit, under the feal of the laid corporation, which /hall be made to any perfon or perfons, ihall be aflignable by indorfernent thereupon, un- hc a fn gna . der the hand or hands of fuch perfon or per- bl c ions, and of his, her, or their aflignee or af- fignees, and fo as abfolutely to transfer and and veil the property thereof in each and every af- fignee or ailignees fucceffively, and to enable fuch alTignee or affignees to bring and main- tain an aftion thereupon in his, her, or their own name or names. And bills or notes, which may be iffued by order of the faid corporation,, figned by the prefident, and counteriigned by the principal cafhier or treafurer thereof, pro- mifing the payment of money to any perfoa or perfons, his, her, or their order, or to bearer, though not under the feal of the faid corpora- tion, ihall be binding and obligatory upon the fame, in the like manner, and with the like force and effect, as upon any private perfcn or perfons, if hTued by him or them, in his, her, or their private or natural capacity or capaci- ties ; and ihali be afiignable and negotiable, in like manner, as if they were fo iiTued by fuch private perfon or perfons ; that is to fay, thofe which mail be payable to any perfon or per- f oft s , hie, her, or their order, fhall be afligna- ble by indorfement, in like manner, and with the like effect, as foreign bills of exchange nov/ arc ; and thofe which are payable to bearer, (hall be negotiable and ailignable by delivery only. XIV. Half yearly dividends /hall be made of f much of the profits of the bank, as (hall appear to the directors advifeable ; and once in every three years, the directors fhall lay be- fore the Itockholders, at a general meeting, - o for their information, an exact and particular ftatement of the debts, which fhall have remain- ed unpaid after the expiration of the original credit, for a period of treble the term of that credit ; and of the furplus of profit, if any, af- ter deducting lodes and dividends. If there {hall be a failure in the payment of any part of any fum, fubfcrlbed by any pcrfon, co-part- nerfliip, or body politic, the party failing fhali lofe the benefit of any dividend, which may have accrued, prior to the time for making fuch payment, and during the delay of the fame. offices may XV. It (hall be lawful for the directors Le : etta- aforefaiJ, to eftablifll ofHccs wherefoever they whhta u. fhall think fit, within the United States, for the purpofes oi : difcount and dcpofit only, an ^ upon the fame terms, and in the fame manner, as f^all be practifed at the bank ; and to commit the management of the faid offices, and the making of the faid difcounts, to fuch perfons, under fuch agreements, and fubject to fuch regulations as they ihail deem proper ; net being contrary to law, or to the. constitution of the bank. XVI. The officer at the head of the treafu* ry J,-jv.mment' of the United States, mall be -;; r ;* furniihed, from time to time, as often aa he not ^ exceeding once a week, with ilatemeiits of the amount of the capital {tockof the (aid corporation, and of the debts Tncnts> due to the lame ; of the monies depofited there- in ; of the notes in circulation, and of the cafli in hand ; and mall have a right to infpeclfuch general accounts in the bocks of the bank, as ihrdl relate to the faid ftatements : Provided, That this ilidl not be conftrued to imply a Nnt of ^, . right of infpefting the account of any private individual or individuals with the bank. Sec. 8. And be it further c:\;clcd^ That if the faid corporation, or any perfon or perfons j 1 ^ " J for or to the life of the fame, mall deal or goods &c. trade in buying or felling any goods, wares, merchandize, or commodities whatfoever, con- trary to the provifions of this aft, all and eve- ry perfon and perfon.;, by whom any order cr direction 'for ib dealing or trading mail have been given, and all and every perfon and per- { fons who (hall have been concerned as parties I or agents therein, frail forfeit and loie treble the value of the good?, wares, merchandizes, and cc\ ios, in which fucli dealing and. trade mall have been ; one half thereof to the u fo of the informer, and the other half there- cf to the ufe of the United States, to be reco- : " vered \vith coils of fuit. Sec. 9. And be it further enact cd^ That if H^-,v rr.<>- the faid corporation iliall advance or lend any "j fuin, for the ufe or on account of the govern- inent of the United States, to an amount ex- ceeding one hundred thoufend dollars ; cr cf I any particular Hate to an aniount exceeding fifty thoufand dollars ; or of any foreign prince i or ilate, (unlefs previcufly authorized thereto 294 by a law of the United States) all and every perfon and perfons, by and with whofe order, agreement, content^ approbation, or conni- vance, fuch unlawful advance or loan, {hall have been made, upon conviction thereof, ihall forfeit and pay, for every fuch offence, treble the value or amount of the fum or fums which ihall have been fo unlav/mlly advanced or lent ; one fifth thereof to the ufe of the in- fonncr, and the refidue thereof -to the ufe of the United States ; to be difpofcd of by law and net other/wife. notctoiadc Sec. 10. And be it further enacted \ That receivable the bills or notes of the faid corporation, ori- s f ates mtc ginaliy made payable, or which ihall have be- come payable on demand, in cld and filver coin, ihall be receivable in ail payments to the United States. Sec. IT. An.l be it further cnzttcd> That i * al1 bc Iawful fc - the prefident of the Uni- by United ted States, at any time or times, within eicjh- ?o a jJ2 teeii months after the fir ft day of April next, &c. to c:iufc a fiibfcrlption to be made to the flock of the faid corporation, as part of the aforefaid Capital fleck often millions of dollars, on be- ifofthe United States, to an amount not exceeding two millions of dollars ; to be paid F the monies which ihail be borrowed by virtue of either of the acts, the one entitled, ^ An act making provifionfor the debt of the United States ;""anc! the other entitled, " An ; provifion for the reduelion of the public debt ;" borrowing of the bank an equal umi, to be applied to the purpofes, for which the faid monies mall have been procured ; re- imburfable in ten year.-, by equal annual in- ftaiinients ; or at any time fooner, or in any C '95 1 greater proportions, that the government may think fit. Sec. 12. And be it further cnaftcd, That no other bank (hall be eftablifned by any fu- lure law of the United States, during the con- tinuance of the corporation hereby created ; for which the faith of the United States is hereby pledged. FREDERICK AUGUSTUS MUHLENBERG, Speaker of the Hcufe of Repreferitati-vcs. JOHN ADAMS, Vicc-Prc/ident "of the United States, and Prefidcnt of the Senate. APPROVED, February the 25th, 1791 : GEORGE WASHINGTON, Prefident cfihe United Suites. CHAPTER XI. An Act fupplementory to the Acl, intituled, " An Ad to incorporate the Subfcribers to the Bank of the United States. Sec. i. E ;> enabled by the Senate and L3 Houfc of Reprefcntati-ves qf th. United States of America in Congrefs affenibled % That the fubfcriptions to the flock of the bank of the United States, as provided by the act, intituled, " An act to incorporate the fubfcri- * 0118td bers to the bank of the United States," {hall not be opened until the tiril Monday in July nexr. Sec. 2. And be it further enacted ^ That fo THo of much of the iirfl payment as by the faid a^ fi.ftpay-. is direcled to be in the fix per cent, certificates ment - of the United States, may be deferred until the firll Monday in January next. t Not more ^ Sec. 3. ^,v,f fo it further enacled^ Thatn-? to'bc perfon, corporation, or body politic, except in behalf of thc ^"ited States/fhall, for the fpace ' of three months afr.sr the faid firfl Monday in July next, fubfcribs in any one day for more than thirty (hares. " Scc< * And be it further cnaclcd, That eve- to be ry fubfcriber fhall, at the time of fubfcribin^, P a 7 i ntotae haiv's of the perfon- V/ : D ffiall be future nay- appointed to receive the fame, the fpecie pro- forici't l fum P ort i n required by the faid ad: to be then paid. tirftpaid. And if any fuch fubfcriber fliall fail to make any of the future payments, he (hall forfeit the fum fo by him fir ft paid, for the ufe of the corporation. Sec. 5. And be It further enaficd^ That fuch !"anrcr ' F art ^ tne P u ^ u ' c ^^^ including the afTunied pni.iic debt debt, as is funded at an intcreft of three per ! T d ct^ 3 cent - ma > T k P^ to ^ le ^ an ^9 m ^i ] ^ e m ' iri - id nei* with the debt funded at fix per cent, com- p ut j n g t h e va i ue of the former at one half the value of the latter, and referving to the fub- fcribers \TIIO mall have paid three per cent, flock, the privilege of redeeming the fame with fix per cent, flock, at the above rate of computation, at any time before the firil day of January, one thcufand feven hundred and ninety- three ; unlefs the three per cent, flock fhall have been previoufly diipofed of by the directors. FREDERICK AUGUSTUS MUHLENBERG, Speaker of the Houfe of Reprefeniatives* JOHN ADAMS, Vicc-PrefiJent of tbe United States, and Prcfidcni cf the Senate. APPROVED, March the fecond. 1791 : GEORGE WASHINGTON, Prefidcnt ofihe United States. t 297 ] CHAPTER XIL An Aft giving Ejfcfl to the Laws of the United States within the State of Vermont. Section i. TTJE // enaclcd by the Senate and Jj Houfe of Rcprefeniativcs of the United States cf America, in Congrefs ajjcmblcd^ That from and after the third day of March Laws of the next, all the laws of the United States, which ^cnd^d'to are not locally inapplicable, ought to have, and Vermont; fhall have, the fame force and effect within the (late of Vermont, as elfewhere within the Uni- ted States. And to the end that the act, intituled, " An sd to eftablifh the judicial courts of the United States," may be duly adminiftered within the faid ilate of Vermont, Sec. 2. Be it further enacled. That the faid Vermontto flate (hall be one diftrid, to be denominated ivadiftrust Vermont-Diftrid ; and there mall be a diftrid j^ * court therein, to confift of one judge, who court and fhall refide within the faid diftrid, and be cal- judge * led a diftrid-judge, and mall hold annually four fellions ; the firft to commence on the Number & fir ft Monday in May next, and the three other ^ oi'fcf- feiHons progreffively on the like Monday of lf every third calendar month afterwards. The anc i w hcrc- faid diftrid court fhall be held alternately at held, the towns of Rutland and Windfor, beginning at the firft. Sec. 3. And be it further enacted , That the Annexed to .faid diftrid fhall be, and the fame hereby b--^S|S2 annexed to the enftern circuit. And there havea'.cir- fhall be held annually in the faid diftrid one cuit courti circuit court ; the firft fefiion fhall commence on the feventeenth day of June next, and the VOL. I. 'Pa fubfequent feflions on the like day of June af- terwards, except when any of the faid days ' mall happen on a Sunday, and then the feffion fhall commence on the day following ; and . the faid feffions of the faid circuit courts fhall where held. . , . . r be held at the town or Benmngton. a- ^ ec * 4* ^ n d ^ e it furt her cnciclcd^ That there the mall be allowed to the judge of the faid diiirict court the yearly compeniation of eight hun- dred dollars, to commence from the time of his appointment, and to be paid quarter-yearly at the treafury of the United States. Sec. c. And be it further enaftcd, Tha-t all An enmre- , { J . - .. ^ . , rat; >n of the regulations, provifions, directions, authon- the mhai.i- kes. penalties and other matters whatfoever, tarns to be . . made. (except as herein afterwards is expreisly pro- vided) contained and exprefled in and by the act, intituled, " An acl providing for the enu- meration of the inhabitants of the United States," fhall have the fame force and effect within the faid (late of Vermont, as if the fame were, in relation thereto, repeated and re- enacted in and by this prefent act. tnumcra- Sec. 6. And be it further enafted r , That the tion of in. enumeration of the inhabitants of the faid (late habitants* T, i ^ n T\/T t ^-i fhall commence on the hrit Monday or April ne xt 5 and fhall clofe within five calendar months thereafter. Conner..- Sec. 7. And be it further enafted, That the tion^Vo the niarfhal of the diflrict of Vermont flial'l receive therefor, in full compenfation for all the duties and fer- vices confided to, and enjoined upon him in and by this act in taking the enumeration aforeikid, two hundred dollars. And that ths act, intituled, " An act to provide more effectually for the collection of 1 11 ... riii i i the duties impoled by law on goods, wares and on articles i C 299 ] merchandize imported into the United States, w ;dun faid and on the tonnage of (hips and veflels," may f at e h c J. be carried into eflec~l in the faid (late of Ver- k^cd/ mont : Sec. S. Re it further cnacled^ That for the due collection of the laid duties, there ihali be in the faid (late of Vermont one diftricl ; and a collector fhall be appointed, to refide at Allburgh en Lake Champlain, which fhall be the only port of entry or delivery within the Port of eu, faid diflricl:, of any goods, wares or merchan- dize, not the growth or manufacture of the United States. Provided ne-vcrlhehfs^ That the exception cor^ained in the fixty-ninth fection of the ac> lafl above mentioned, relative to the diftrict of Louifville, mall be and is hereby extended to the faid port of Allburgh. FREDERICK AUGUSTUS MUHLENBERG, Speaker of the Houfe of Reprefcntalivcs. JOHN ADAMS, Vice- Prefident of the United States, and Prefident of the Senate. APPROVED, March the fecond, 1791 : GEORGE WASHINGTON, Prefident of the United States. CHAPTER XIII. An Ac~l to explain and amend an Atf, intituled, " An Act making further Provifion for the Payment of the Debts cf the United States." Seclion i. "|3 E ;/ enacted bj the Senate and JT]J Ilwfe of Representatives of the United States of America in Congrcfs ajjembled*, That the duty of cue cent per pound, laid by C 3 3 laid the aft " making further provifion for the P avment of the debts of the United States," manufac- on bar and other lead, (hall be deemed and lead! f ta ken to extend to all manufa&ures wholly of lead, or in which lead is the chief article, which fhall hereafter be brought into the United States, from any foreign port or place. Duty laid Sec. 2. And be if further enabled. That the, on chintzes d u ty o f feven and a half per cent ad valorem, ded to X ma" laid by the act aforefaid on chintzes, and co- of cokjur*d * oure ^ calicoes, fliall be deemed and taken to linen or extend to all printed, flained, and coloured cotton. goods, or manufactures of cotton, or of linen, or of both, which hereafter fhall be brought into the United States from any foreign psrt or place. Provided always. That nothing in this acl fhall in any wiie affeft the true conflruclion or meaning of the acl: aforefaid in relation to any of the above defcribed articles brought into the United States before the paffing of this acl. FREDERICK AUGUSTUS MUHLENBERG, Speaker of the Houfe of Refrefentati^es. JOHN ADAMS, Vice-Prefidcnt of the United States, and Prefidmt of the Senate. APPROVED, March the fecond, 1791 : GEORGE WASHINGTON, Prefident of the United States, C H A P.T E R XIV. An Ad fxing the Time for the next annual Meeting of Congrefs, (EXPIRED. j c CHAPTER XV. An Act repeating, after the loft Day of June n:xt, the Duties heretofore laid upon dijiitled Spirits imported from Abroad, and laying others in their Stead ; and alfo upon Spirits diftilled ivithin the United States, and for appropria- ting the fame. Seclion i. T> E // enacled by the Senate and AJ$ lioufe of Rcprefentativcs of the United States of America in Congrefs ajjcmbled^ That after the lad day of June next, the du- , ties laid upon diftilled fpirits by the act, inti- tuled, " An act making further provifion for > the payment of the debts of theUnited States," Jfhall ceafe ; and that upon all diftilled fpirits Duties t which mall be imported into the United States he p ai< ? after that c::iy, from z:iy foreign port or place, there ihail be paid for their ufe the duties fol- lowing ; that is to fay : For every gallon of thofe fpirits more than ten per cent below proof, according to Dicas's hydrometer, twen- ty cents. For every gallon of thofe fpirits un- r der five, and not more than ten per cent below proof, according to the fame hydrometer, twen- ty-one cents. For every gallon of thofe fpirits of proof, and not more than five per cent be low proof, according to the fame hydrometer, twenty-two cents. For every gallon of thofe fpirits above proof, but not exceeding twenty per cent according to the fame hydrometer, twenty-five cents. For every gallon of thofe fpirits more than twenty, and not more than forty per cent above proof, according to the fame hydrometer, thirty cents. For every gal- lon ef thofe fpirits more than forty per cent above proof, according to the fame hydrome- l ter, forty cents. C 3^ '] Sec. 2. And be it further cnafied^ That the faid duties {hall be collected in the fame man- ner, by the fame perfons, under the fame regu- lations, and fubject to 'the fame forfeitures and other penalties, as thofe heretofore laid ; the aft concerning which {hall be deemed to be in full force for the collection of the duties herein before impofed, except as to the alter- ations contained in this act. Sec. 3. And be It further enatted, That the payment &id duties, when the amount thereof mail not thereof exceed fifty dollars, mall be immediately paid ; fecured. but when the faid amount {hall exceed fifty, and mail not amount to more than five hun- dred dollars, may, at the option of the propri- etor, importer or confignee, be either imme- diately paid, or fecured by bond, with condi- tion for the payment thereof in four months ; and if the amount of the faid duties mall ex- ceed five hundred dollars, the fame may be immediately paid or fecured by bond, with con- dition for the payment thereof in fix months ; which bond, in either cafe, at the like option of the proprietor, importer or confignee, mail either include one or more fureties to the fa- tisfaction of the collector, or perfon acting as fuch, or mail be accompanied with a depofit in the cuftody of the faid collector, or perfon ac- ting as fuch, of fo much of the faid fpirits as (hall in his judgment be a fufficient fecurity for the amount of the duties for which the faid bond {hall have been given, and the charges of the fafe keeping and fale of the fpirits fo depofited ; which depofit mall and may be accepted in lieu of the faid furety or fureties, and mail be kept by the faid collector, or per- fon acting as fuch, with due and reafonable care at the expenfe and rifk of the party cr r parties on whofe account the fame fhall have been made ; and if at the expiration of the time mentioned in the bond for the payment of the duties thereby intended to be fecured, the fame (hall not be paid, then the faid de- pofited fpirits mall be fold at public fale, and the proceeds thereof, after deducting the charges of keeping and fale, fhall be applied to the payment of the whole fum of the duties for which fuch depofit (hall have been made, rendering the overplus of the faid proceeds, and the refidue of the faid fpirits, if any there be, to the perfon or perfons by whom fuch depofit fhall have been made, or to his, her or their reprefentatives. Sec. 4. In order to a due collection of the duties inipofed by this acl, Be it further cnaflcd, That the United States fhall be divided into fourteen diftrifts, each confiding of one (late, but fubject to alterations by the Prefidcnt of the United States, from time to time, by ad- J^. 1 ding to the finaller fuch portions of the greater as mail in his judgment bed tend to fecure and facilitate the collection of the revenue ; which diftricls it fhall be lawful for the Prefi- dcnt of the United States to fubdivide into Diftncis to furveys of infpeclion, and the fame to alter at be r ". 1)div - 1 ' IT mi i ~r* f i i t r 'f" IJUtO his diicretion. 1 hat the Preiident be autho- furveys of rized to appoint, with the advice and confent of the Senate, a fupervifor to each diftrict, and as many infpedors to each furvey therein as f or he fhall judare necefTarv, placincr the latter un- -pn ', J ,- 6 o.. r ^ r r> -j j / for the tlif- der the direction of the former. Provided a!- t ,-i^ s ,anci Tcv7u. Thut it fiiall and may be lawful for the 'nipectors i^'i"j '1.1 !? r r i for the fur- Prehdcnt, with the advice and confent or the VC y S . Senate, in his diicretion to appoint, fuch and fo many officers of the cuftorns to be infpcc- tors in any furvey of infpeclion as he lhall deem C 34 1 advifable to employ in the execution of this Officers of a & . Proved a if That where, in the iudg;- thccuftooM r . _ /, ' r '.,. J jv- andfupcr- meRt of the Preiident, a lupervnor can dii- bieTsin? 1 " cnar g e the duties of that office, and alfo that fpeiors. of infpcclor, he may direct the lame : And provided further^ That if the appointment of the infpectors of furveys, or any part of them, mall not be made during the prefent feilion of A c ^ t Congrefs, the Preiident may, and he is hereby mcnt of in- empowered to make fuch appointments during b P - C madV ^ le rece ^ s f tne Senate, by granting commif- fions which mail expire at the end of their next feffion. Sec. 5. And be it further enafled^ That the ec- fupervifors, infpeclors and officers to be ap- & pointed by virtue of this acl, and who fliall be records of charged to take bonds for fecuri.:in; the pay their trnnf- r , , r . . -,. n ?n i actions; ment or the duties upon Ipints diiulied with- in the United States, and with the receipt of monies in difcharge of fuch duties, fliall keep fair ajd true accounts and records of their tranfactions in their refpeclive offices, in fuch manner and form as may be directed by the proper department or officer having the fupcr- intendance of the collection of the revenue, ant * ^ ial! at a ^ ^ mes fubmit their books, pa- pers and accounts to the infpeclion of fuch perfons as are or may be appointed for that purpofe, and' (hall at all times pay to the or- der of the officer, who is or fhalfbe authori- zed to direcl the payment thereof, the whole ^ ^ le mon ^ es which they may refpeclively re- and ceive by virtue of this act, and mail alfo once in every three months, or oflener if they mall be required, tranfmit their accounts for fet- Ccttlc their * -, , v a > -, r , Hccfiins tlement to the oihcer or officers whole duty it e- ted in fuch mip or veflel, and of fo much there- tor ' of as mall appear to him to have been landed out of her at fuch port ; which certificate the faid officer fhall forthwith grant. And the matter or perfon having the command or charge of fuch fhip or veflel, mall within twenty- four/ .and penal- houPS after her arrival at the port to which ilie t^ofTd" foall be bound, deliver the faid certificate to fds for ne- the proper officer of infpecHon of fuch lafl men- $$* to tioned port. And if fuch fhi P or veflel fhall .herewith; proceed from one port to another within the United States, with the whole or any part of the fpirits brought in her as aforefaid, without having firft obtained fuch certificate ; or if .within twenty-four hours after her arrival at fuch other port, the faid certificate fhall not be delivered to the proper officer of jnfpeclion .there, the mailer or perfon having the com- mand or charge of the faid ihip or verTe], fhall in either cafe forfeit the fum of five hundred fnd forfci- dollars ; and the fpirits on board of her at her 'fpHtt. faid faid arrival > mal1 be forfeited, and may be feiz, ,ed by any officer of infpcclion. Spirits im- Sec. ii. And be it further enacted, That all d\1d asa " f P irits hich flia11 be imported as aforefaid, jioiv to be mall be landed under the infpeftion of the of- ed; ficer or officers of infpeclion for the place where the fame fhail be landed, and not otherwife, on pain of forfeiture thereof; for which pur- pofe the faid officer or officers mall, at all rea- f enable times, attend : Provided, That this ihall not be conflrued to exclude the infpec- tion of the officers of the cuftoms as now ef r tablifhed and pra&ifed. and duties ^ ec * I2 ' ^^ ^ c ^ further wafted, That cf officers the officers of infpeciion under whofe furvey In JSu any of the faid fpirits fhajl be landed, fhall up- on landing thereof, and as foon as the cafks, veflels and cafes containing the fame fhall be gauged or meafured, brand or otherwife mark in durable characters, the feveral cafks, veflels or cafes containing the fame, with progreffive numbers j and alfo with the name of the fhip t 39 ] er vefTel wherein the fame was or were impor- ted, and of the port of entry, and with ttie proof and quantity thereof; together with fuch other marks, if any other fhall be deemed needful, as the refpeclive fupervifors of the revenue may direct. And the laid officer fhall keep a book, wherein he fhall enter the name of each veffel in which any of the faid fpirits /hall be fo imported, and of tl> port of entry and of delivery, and of the mailer of fuch vef- fel, and of each importer, and the feveral cafks, veifels and cafes containing the fame, and the marks of each : and if fuch officer is not the chief infpector within the furvey, he mall as foon as may be thereafter, make an exact tranfcript of each entry, and deliver the fame to fuch chief officer, who fhall keep a like book for recording the faid tranfcript. Sec. 13. And be it further enaaed, That 0[Tlccrof the chief officer of infpeclion within whofe infpeaiwi, furvey any of the faid fpirits fhall be landed, r< ; certil >. ',, ,, J . J . . r . fix 1 qnanri- ihall give to the proprietor, importer or con- t y oi fpiriw fignee thereof, or his or her agent, a cerrifi- bndeti cate to remain with him or her, of the whole quantity of the faid fpirits which fhall have been fo landed ; which certificate, befides the faid quantity, ihall fpecify the name of fuch proprietor, importer or confignee, and of the velfel from on board which the faid fpirits fhall have been landed, and of the marks of each cafk, veflel or cafe containing the fame. And the faid officer fhall deliver to the faid propri- \ vh ' ch nuvi J.I I ferve to etor, importer or confignee, or to his or her (hew the a^rent, a like certificate for each calk, vefTc-I or ! e a? llt y of O * |t> impor* cafe ; which fhall accompany the fame where- ta'ior, foever it fhall be fent, as evidence of it's being lawfully imported. And the officer granting the faid certificates, fhall make regular and ex- [ 3' } ami to make a ft entries in the book to be by him kept as thereof; aforefaid, of ail fpirits for which the fame (hall be granted, as particularly as therein de- fcribed. And the faid proprietor, importer or con % nee > or n * s or ner agent, upon the fale - and delivery of any of the faid fpirits, (hall de- ^ ver to ^ e purchaser or purchafers thereof, the penalty on certificate or certificates which ought to ac- t hereof company the fame ; on pain of forfeiting the fum of fifty dollars, for each cafk, veffel or cafe with which fuch certificate fhall not be deli- vered. Sec. 14. And be it further enabled. That ts dtf- upon all fpirits which after the faid lad day of titled with- J une next, {hall be diflilled within the United state C from States, wholly or in part from molafTes, fugar, foreign ma- or other foreign materials, there mall be paid for their ufe the duties following ; that is to fay : For every gallon of thofe fpirits more than ten per cent below proof, according to Dicas's hy- drometer, eleven cents. For every gallon of thofe fpirits under five and not more than ten per cent below proof, according to the fame hydrometer, twelve cents. For every gallon of thofe fpirits of proof and not more than five per cent below proof, according to the fame hydrometer, thirteen cents. For every gallon of thofe fpirits above proof, and not exceed- ing twenty per cent, according to the fame hy- drometer, fifteen cents. For every gallon of thofe fpirits more than twenty and not more than forty per cent above proof, according to the fame hydrometer, twenty cents. For eve- ry gallon of thofe fpirits more than forty per cent above proof, according to the fame hy- drometer, thirty cents. Sec. 15. And be it further enafted> That [ 3" ] upon all fpirits which after the laid Lift day of June next, fhall be diftilled within the United States, from any article of the growth or pro- home arn duceof the United States, in ^ny city, to\vn cks; or village, there (hall be paid for their ufe the duties following ; that is to fay : For every gallon of thcfe fpirits ' more than ten per cent below proof, according to Dicas's hydrometer, nine cents. Tor every gallon of thofe fpirits under five and not more than ten per cent be- low proof, according to the fame hydromei ten cents. For every gallon of thofe fpirits of proof, and not more than five per cent below proof, according to the fame hydrometer, ele- ven cents. For every gallon of thofe fpirits above proof, but not exceeding twenty per cent, according to the fame hydrometer, thirteen cents. For every gallon of thofe fpirits more than twenty and not more than forty per cent- above proof, according to the fame hydrome- ter, feventeen cents. For every gallon of thofe fpirits more than forty per cent above proof, according to the fame hydrometer, twenty- live cents. Sec. 1 6. And be it further enafied. That the how to c faid duties on fpirits diftilled within the United c States, fhall be collected under the manage- ment of the fupervifors of the revenue. Sec. 17. And be it further enaded^ That the D)1(ft . s on faid duties on fpirits diftilled within the Uni- ted States, mall be paid or fecured previous to the removal thereof from the diftilleries at which they are refpedively made. And it fhall ^a " be at the option of the proprietor or proprie- tors of each diftillery, or of his, her or their agent having the fuperii'rtendarice thereof, ei- ther to pay the faid duties previous to fuch re- moval, with an abatement at the rate of tw<> [ 3" } Cents for every ten gallons, or to fecure the payment of the fame, by giving bond quarter- yearly, with one or more furetics, to the fa- tisfaction of the chief officer of inipection with- in whole furvey fuch diftillery (hall be, and ift fuch fum as the faid officer fhall direct, \vith paid, condition for the payment of the duties upon all fuch of the faid fpirits as (hall be removed from fuch diftillery, within three months next cnfuing the date of the bond, at the expira- tion of nine months from the faid date. ors $cc. 1 8. And be it further enattcd* That the ro appoint r r i tn rv n .4i (itiiccrs to fupervifor or each diitnct mail appoint proper *" c " d to officers to have the charge and furvey of the difhllents. ...,,* . , . , r rr i diftilleries within the fame, amgnmg to each, one or more diftilleries as he may 4hmfc pro- per, who mail attend fuch diftille'iy at all rea- ibnable times, for the execution of the duties by this act enjoined on him. cifkstobe Sec. 19. And be it further cnafted, That -Sgauo-cd previous to the removal of the faid fpirits from before aV an y diftillery, the officer within whofe charge therefrom, and furvey the fame may be, mall brand or ctherwife mark each cade containing the lame* in durable characters, and with progreffive numbers, and with the name of the afting owner or other manager of fuch diftillery, and of the place where the fame was fituate^ and with the quantity therein, to be afcertain- ed by actual gauging, and with the proof Jjfa , (1 /, eer " thereof. And the duties thereupon having tided by , . . 5 raid officer, been tint paid, or lecured,as above provided, * entered ^ {v^j o |g cer jQ ia }i n-rant a certificate for each in a book nrt_r-jr-' * r according- calk or the laid ipints, to accompany the lame wherefoever it mall be fent, purporting that the duty thereon hath been paid or fecured, as the cafe may be, and defcribing each cafk by t 3'3 3 J't*-s mark ; and fliall enter in a book for that purpofe to be kept, all the fpirits diflilled at fuch diilillery, and removed from the fame ; and the marks of each cafk, and the perfons for whofe ufe, and the places to which remo- ved, and the time of each removal^ and the amount of the duties on the fpirits fo remo- ved. And if any of the laid ipirits mall be re- Forfeiture moved from any fuch diiiillery without having for been branded or marked as aforefaid, or with- out fuch certificate as aforefaid, the fame, to- gether with the cafk or cafks containing, and the horfes or cattle, with the carriages, their harnefs and tackling, and the veflel or boat with it's tackle and apparel employed in re- moving them, ihall be forfeited, and may be feized by any officer of infpection. And the fuperintendant or manager of fuch diftillery, {hall alfo forfeit the full value of the fpirits fo removed, to be computed at the highefl price of the like fpirits in the market. Sec. 20. And be it further enafted, That for no fpirits (hall be removed from any fuch dif- tillery at any other times than between fun- tifing and fun-fetting, except by confent and ^y. au in prefence of the officer having the charge and furvey thereof, on pain of forfeiture of fuch fpirits, or of the value thereof at the high- efl: price in the market, to be recovered with cods of fuit from the acting owner or manager of fuch diflillery. Sec. 21. And be it further enafted, That up- Duty on on Hills which after the lad day of June next, fliall be employed in diftilling fpirits from ma- terials of the growth or production of the United States, in any other "place than a city, j,town or village, there ihall be paid for the ufe .of the United States, the yearly duty of fixty VOL. I. R 2 * t 314 j tents for every gallon, Englifli wine-meaFure y of the capacity or content of each and every fuch ftill, including the head thereof. 2-vitknceof Sec. 12. And be it further enacted. That the evidence of the employment of the faid ftills Ihall be, their being er xled in (lone, brick or fome other manner whereby they fnall be in a condition to be worked. Sec. 23. And belt further cnacled, That the fakl duties on ftills matl be collected under the ted; and management of the fupervifor in each diftrict, who mall appoint and affign proper officers for the furvey's of the faid ftilis and the adinea- furement thereof, and the collection of the du- ties thereupon ; and the faid duties (hall be paid half-yearly, within the firfl fifteen days of January and July, upon demand of the pro- prietor or proprietors of each flill, at his, her or their dwelling, by the proper officer char- what to Vc ged with the furvey thereof: And in cafe of oftefafaUo re ^ u ^ a ^ or neglect to pay, fhe amount of the pay it.' duties fo refufed or neglecled to be paid, may either be recovered with colls of fuit in an ac- tion of debt in the name of the fupervifor of the diftrict, within which fuch refufal mall happen, for the ufe of the United States, or may be levied by diftrefs and fale of goods of the perfon or perfons refilling or neglecting to pay, rendering the overplus (if any there be after payment of the faid amount and the char- ges of diftrefs and fale) to the faid perfon or perfons. Junctors Sec> And be it further enacted, That if offtnis tc, -/ 7 . . r r have aright the proprietor of any fuch full, finding niirtfeii Icc^tJf or herfelf aggrieved by the faid rates, (hall the quanii. enter or cnufe to be entered in a book to be for that pur p f e> f rom Jay t o day when [ 3*5 1 fuch ftill (hall be employed, the quantity of ' fpirits diftilled therefrom, and the quantity from time to time fold or otherwife difpofed of, and to whom and when, and mail produce the faid book to the officer of infpection with- in whofe furvey fuch ftill fhall be, and (hall make oath or affirmation that the fame doth contain to the bed of his or her knowledge and belief, true entries made at their refpec- tive dates, of all the fpirits diftilled within the time to which fuch entries mall relate, from fuch ftill, and of the difpofition thereof; and mail alfo declare upon fuch oath or affirma- tion, the quantity of fuch fpirits then remain- ing on hand, it mall be lawful in every fuch cafe for the faid officer to whom the faid book fhall be produced, and he is hereby required * * to eflimate the duties upon fuch ftill, accor- rule where* cling to the quantity fo dated to have been ac- ties may fci Utility made therefrom at the rate of nine cents per gallon, which, and no more, fhall be paid for the fame : Provided, That if the faid en- tries fhall be made by any perfon other than the faid proprietor, a like oath or affirmation fhall be made by fuch perfon. And the more effectually to prevent the evafion of the duties hereby impofed on fpirits. diftilled within the United States, Sec. 25. Be it further watted. That every perfon who fhall be a maker or diftiller of fpirits from molafles, fugar or other foreign on the materials, or from materials the growth and Jg^ if o production of the United States, fhall write or uBerki \ paint, or cauic to be written or painted upon fome confpicuous part outfide and in front of each houfe or other building or place made ufe of, or intended to be made ufe of by him C 3'6 3 r her for the diftillation or keeping of fpiri- tuous liquors, and upon the door or ufual en- trance of each vault, cellar or apartment with- in the fame, in which any of the faid liquors fhall be at any time by him or her diflilled, depofited or kept, or intended fo to be, the words " Diftiller of Spirits ;" and every fuch and furmfh diftiller lhall within three days before he or the inipec- fh e fhall begin to diftil therein, make a parti- itccount of cular entry in writing, at the nearefl office of their build- infpeclion, if within ten miles thereof, of every fuch houfe, building or place, and of each vault, cellar and apartment within the fame, in which he or fhe mall intend to carry on the bufmefs of difdlling, or to keep any fpirits by him or her diflilled. And if any fuch diftiller fhall omit to paint or write, or caufe to be painted or written the words aforefaid, in man- ner aforefaid, upon any fuch houfe or other building or place, or vault, cellar or apartment thereof, or lhall, in cafe the fame be fituate within the faid diftance of ten miles of any penalty in office of infpeclion, omit to make entry thereof as a ^ ore ^ a ^? f u h diftiller mail for every fuch " omifuon or neglect, forfeit one hundred dol- lars, and all the fpirits which he or file mall keep therein, or the value thereof, to be com- puted at the higheft price of fuch fpirits in the market ; to be recovered by action, with cofts of fuit, in any court proper to try the fame, in the name of the fupervifor of the diftrict within which fuch omiffion or neglect or omif- fion fhall be, for the ufe of the United States : when the Provided always, and be it furl her enafted, ^ lat t ^ le fa ^ cntr y to ^ e mac * e b y perfons who ihall be diftillers of fpirits, on the firfl day of July next, fnall be made on that day, or with- in three days thereafter, accompanied (except C 3'7 ] where the duties hereby impofed are charged on the (till) with a true and particular .acccimt or inventory of the fpirits, on that day and at the time, in every or any houfe, building or place by him or her entered ; and of the cafks, cafes and vefTels containing the fame, with their marks and numbers, and the quantities and qualities of the fpirits therein contained, on pain of forfeiting for neglecl to make fuch en- forfeiture try, or to deliver fuch account, the fum of one hundred dollars, and all the fpirits by him or her had or kept in any fuch houfe, building or place ; to be recovered as aforefaid. Sec. 26. And be it further enafted^ That the fupervifor of the revenue for the diflricl. Super vifor wherein any houfe, building or place (hall be entered iituate, whereof entry (hall be made as lad Ai aforefaid, {hall as foon as may be thereafter, : rifit and infpeft, or caufe to be vifited and in- fpecled by fonie proper officer or officers of infpettion, every fuch houfe or other building or place within his diftricl, and (hall take or caufe to bs taken, an exacl account of the fpi- rits therein refpectively contained, and {hall the"pirits mark or caufe to be marked in durable cha- thcr - iii > & rafters, the feveral cafks, cafes or velfels con- calks;' taining the fame, with progreffive numbers, and alfo with the name of each diftiller to whom the fame may belong, or in whofe cuf- touy the fame may be, and the quantities, kinds and proofs of fpirits therein contained, and thcfe words, " Old Stock." And the infpec- an cntrvftf tor of each furvey fhall keep a bork, wherein which he (hall enter the name of every diililler, and the particulars of fuch eld flock in the pof- u feilion of each, designating the feveral cnfks, | cafes and veflels containing tht- fap.ie, ard tluir v refpeclive quantities, kinus, pi, iiiarka, c 318 : and fhall alfo give a certificate to every fuc!t diftiller of the quantity and particulars of fuch old flock in his or her poffeilion, and a fepa- erti. rate certificate for each cafk, cafe or vefTel de- pm- Bribing the feme, which certificate fhall ac- . company the fame wherefoeyer it fhall be fent, and fuch diililler, his or her agent or mana- ger, upon the fale and delivery of any of the Faid fpirits, fhall deliver to the purchafer or purchafers thereof, the certificate or certifi- cates that ought to accompany the fame, on pain of forfeiting fifty dollars for each cafk, cafe or veifel, with which fuch certificate fhali not be delivered. importers Sec. 27. And be It further enafted, That every importer of diftilled fpirits, who, on the firil day of July next, fhall have in his or her pof- femon * 11 J diftilled fpirits, fliall, within three duty of the days thereafter, make due entry thereof with tne officer of infpeclion within whofe furvey the fame mail then be ; who mail mark the cafks, veflels or cafes containing fuch fpirits, in like manner as is herein before directed touching fuch fpirits as mall be in the poflef- fion of diflillers on the firfi day of July next, and fliall grant the like certificates therefor as for fuch fpirits, which certificates fliall accom- pany the refpeclive cafks, cafes and veffels to which they (hall relate, wherefoever they fliall be fent, and fuch importer, his or her agent, upon the fale and delivery of any of the laid fpirits , fhall deliver to the purchafer or pur- ; chafers thereof the certificate or certificates which ought to accompany the fame, on pain of forfeiting fifty dollars for each cafk, cafe or > veflei with which fuch certificate fhall not be j delivered. And if any fuch importer or im- porters ihall refufc or neglect to make fuch 1 r 3*9 3 at the time and in the manner herein penp* directed, all fuch fpirits as lhall not be fo en- %$** tered fhall be forfeited, and the importer or fuch en- importers in whofe cuftody the fame fhall be t: found, mail moreover forfeit the fum equal to the full value thereof, according to the higheft price of fuch fpirits in the market. Sec. 28. And be it further enacted^ That if nift^ed any cafe, cafe, or veffel containing diftilled f" irir * * 9 r . ; . i.ii i r -^ -branded Jpints, which by the foregoing provifions of nv this aft, ought to be marked and accompanied ^- with a certificate, fhall be found in the pof- feilion of any perfon unaccompanied with inch marks and certificate, it fhall be prefumpt' evidence that "the fame are liable to forfeiture, and it mall be lawful fora:. r of infpec- tion to feize them as forfeited ; and if, upon the trial in confequcnce of fuch feizure, the owner or claimant of the fpirits feized, fliall not prove that the fame were imported into the United States according to law, or were diftilled as mentioned in the thirteenth and fourteenth feftions of this aft, and the duties thereupon paid, or were diiiiiled at one of the fliils mentioned in the twentieth feclionof this i;iM ' )e place, in cafks of lefs capacity than fifty gal- forfeited. Ions at the leaf!, on pain of forfeiting of the faid fpirits, and of the fliip or vefTel in which they fhall be brought : Provided always That nothing in this act contained fhall be conftrued to forfeit any fpirits for being imported or brought into tlie United States, in other cafks or velfels than as aforefaid, or the fhip or vef- fel in which they {hall be brought, if fuch fpi- rits fhall be for the ufe of the feamen on board fuch fliip or veffel, and fhall not exceed the quantity of four gallons for each fcaman. Sec. 34. And be it further euacicd, That in every cafe in which any of the faid fpirits fhall be Ol vd forfeited by virtue of this acl, the cafks, veffels and cafes containing the fame, fhall alfo be forfeited. Sec. 55. And be it further enafted, That eve- ry diftiller of Ipirits, on which .the duty is ' J"|^ ( 9 hereby charged by the gallon, fhall keep or kiods'and caufe to be kept, an exacl: account of the faid fpirits, which he or fhe mail fell, fend out or VOL. L S 2 L 3- J dii'tii, diftingaiflnng their feveral kinds anct proofs ; and fhall every day make a juft and true entry in a book, to be kept for that pur- pofe, of the quantities and particulars of the laid fpirits by him or her fold, fent out or dif- tilled on the preceding day ; fpecifying the marks of the ieveral calks in which they fhall be fo fold or fent out, and the perfon to v/hom and for whofe life they fhall be fo fold or fent out : which faid books fhall be prepared for TO '-ic ex- ^ le ma king f uc h entl "i es 5 an d foall be deliver- by cd tfpon demand, to the faid diftillers, by the of f u r, erv ;f ors o f the revenue of the feveral dif- iflfpedtion 7 ., i r i r r i tncts, or by fuch perion or perfons as they fhall reflectively for that purpofe appoint, and liiall be feverally returned or delivered at the end of each year, or when the fame mall be reflectively filled up, (which fhall firll happen) to the proper officers of infpection ; and the truth of the entries made therein mail be ve- rified, upon the oath or affirmation of the per- fon by whom thofe entries lhall have been made, and as often as the faid books fhall be furnifhed upon like demand by the proper of- ficers of inflection, to the faid diltillers ref- *pectively. And the faid books fhall from time to time while in the poifefTion of the faid dif- tillers, lie open for the infpeclion of, and up- on requefi mall be fhewn to the proper offi- cers of infpeclion under whofe furvey the faid diltiilers mall refpeclively be, who may take fuch minutes, memorandums, or tranfcripts- thereof, as they may think fit. And if any fuch diftiller, iliall neglect or refufe to keep fuch v for book or books, or to make fuch entries there- refufal or r tQ fl iew ^g 1 ' ame U p On re q ue ii: tO the r . _ ^ . r T . . proper officer of infpeclion, or not return the jams according to the directions of this act, he [ 3 2 3 J r {lie mail forfeit for every fuch refufal or neglect, the fum of one hundred dolkrs. Sec. 36. And be it farther enacled, That the .. penalties by this act impofed on diftillers for thisacK, ' neglecting to make report to the infpectors, " e ot d f cx ~ of their intentions of diftilling fpirits, or for certain- neglecting to mark the houfes, apartments or caics * veflels to be employed, or for neglecting to enter in books the quantity of fpirits diftilled, mail not extend to any perfon who mall em- ploy one Hill only, and that of a capacity not exceeding fifty gallons, including the ftili- head. Sec. 37. And be It further enabled? That Proof of the feveral kinds of proof herein before fpeci- d?ftinguifl> fied, (hall in marking the cafks, veflels and cd - cafes containing any diftilled fpirits, be diftin- guifhed correfponding with the order in which they are mentioned by the, words " FIRST "PROOF;""SECOND PROOF ;""THIRD PROOF;" FOURTH PROOF;" " FIFTH PROOF;" " SIXTH PROOF." And that it be the duty of the Se- cretary of the Treafury, to provide and fur- nifh to the officers of infpection and of the cuftoms, proper inftruments for afcertaining infi tiu ' n '* the faid feveral proofs. Sec. 38. And be it further ennclcd, That in pmceid- any profecution or action which maybe brought |" g ^".^ againft any fupervifor or other officer of in- i> y ^~HCC r fpection, for any feizure by him made, it ihall "/ v inr:if ' c " be necefTary for fuch fupervifor or officer to juftify himfelf by making it appear that there was probable caufe for making the faid fei- zure ; upon which, and not otherwife, a ver- dict Ihall pafs in his favor. And in any fuch action or profecution, or in any action or pro- iecuticn which may be brought againft fuch .1 fupervifor or other officer, for irregular or im- proper conduct in the execution of his duty., the trial (hall be by jury. And in any action for a feizure, in which a verdict fhall pafs for fuch officer, the jury (hall neverthelefs aflefs reafonable damages for any prejudice or wafte (according to the true amount in value there- of) which ihall be fnewn by good proof to have happened to the fpirits ieized, in confe- quence of fuch feizure-; and alfo for the de- tention of the fame, at the rate of fix per cent per annum, on the true value of the faid fpi- rits at the time of fuch feizure, from that time to the time of reftoration thereof; which ftiall be paid out of the treaiury of the United States : Provided, That no damages (hall be aflefled when the feizure was made for want - of the proper certificate or certificates, or by tificates, or re r r i n rr r negligence, reafon or a reiuial to Ihew'any officer or in- to bt mf- fpection, upon his requeft, the fpirits in any tamed by L j u r i '1 J- i A J the officers, entered houie, building or place : And provi- ded alfo, That if it (hall appear from the ver- dict of the jury, that any fuch prejudice or wafte was fuftained by the negligence of the officer, he (hall be refponfible therefor to the United States. penalty on Sec. 39 And be it further enabled , That if fupervi- an y fupervifor -or other officer of infpeclion, co'nviaed in any criminal profecution againfl him, fhall ofoppref- ]^ e convicted of oppreffion or extortion in the iiou or ex- . r -t- rr i ^ 11 i r i tonion. execution of his office, he ihall be fined not exceeding five hundred dollars, or imprifoned not exceeding fix months, or both, at the dif- cretion of the court ; and (hali alfo forfeit his office. NO fee* to Sec. 40. AndbeitfurtT&renaftediThtyTiQ SSSStt' fee - a11 be taken for an Y certificate to be if- granted, fued or gi anted purfuant to this act. C 3*5 Sec. 41. And be It further cnacled. That if any of the faid fupervifors or other officers of ureis .u infpection, (hall neglect to perform any of the Jjjfy* duties hereby enjoined upon them refpective- ly, according to the true intent and meaning of this act, whereby any perfon or perfons {hall be injured or fuffer damage, fuch perfon or perfons mail and may have an action foun- ded upon this act, againfl fuch fupervifors or other officers, and mall recover full damages for the fame, together with coils of fuit. Sec. 42. And be it further enabled. That p roc ccd- any action or fuit to be brought againft any ing* in cafe J r r r t-11' 'of fuits, & perfon or perfons, for any thing by him or w hcntobe them done in purfuance of this act, (hall be commeii- commenced within three months next after the niat^r or thing done, and unlefs brought in a court of the United State?, fliall be laid in the county in which the caufe of action fhalT have arifen ; and the defendant or defendants in any fuch action or fuit, may plead the ge- neral iifue, and on the trial thereof give thi act and the fpecial matter, in evidence ; and if a verdict fliall pafs for the defendant or de- fendants, or the plaintiff or plaintiffs become nonfuited, or difcontinue his, her or their ac- tion or profecution, or judgment mail be giv- en againfl fuch plaintiff or plaintiffs, upon de- murrer or otherwife, then fuch defendant or defendants mail have cofls awarded to him, her or them, againfl fuch plaintiff or plaintiffs. And in order that perfons who may have incurred any of the penalties of this act, with- out wilful negligence or intention of fraud, may be relieved from fuch penalties, Sec. 43. Be It further enafted, Thai it mall be lawful for the judge of the diftrict within which fuch penalty or forfeiture ffiall have been incurred, at any time within one year [ 326 ] secretary after the laft day of June next, upon petition iol of the party who fhall have incurred the fame, - to enquire in a fummary way into the circum- fo r _ fiances of the cafe, firil caufmg reafonable no- feitures & tice to be given to the perfon or perfons claim- penalties in . r i i r r T i certain m g *CM penalty or ioneiture, and to the at- <:afes. torney of fuch diftricl ; to the end that each may have an opportunity of mewing caufe againfl the mitigation or remiilion thereof ; and mall caufe the facls which fhall appear upon fuch enquiry, to be flated and annexed to the petition, and direct their tranfmiflion to the Secretary of the Treafury of the United States, who fhall thereupon have power to mi- tigate or remit fuch penalty or forfeiture, if it fhail appear to him that fuch penalty or for- feiture was incurred without wilful negligence, or any defign or intention of fraud, and to caufe any fpirits which may have been feized to be reflored to the proprietor or proprietors, upon fuch terms and conditions as fhall ap- pear to him reafonable. Sec. 44. And be it further enacted, That Aypropri- the one half of all penalties and forfeitures in- fo!?dtrfres curred by virtue of this al, except as above and penal- provided, fhall be for the benefit of the per- fon or perfons who fhall make a feizure, or who fhall .firft difcover the matter or thing whereby the fame mall have been incurred ; and the other half to the ufe of the United States. And fuch penalty and forfeiture mall be recoverable with cofls of fuit, by action of debt, in the name of the perfon or perfons in- titled thereto, or by information, in the name of the United States of America ; and it mail be the duty of the attorney of the diilritt wherein any fuch penalty or forfeiture may have been incurred, upon application to him, to inflitute or bring fuch information accor- C 337 3 dingly : Provided always. That no officer of infpection other than chief officer, or office of a furvcy, fhall be intitlcd to the benefit oi any forfeiture unlefs notice of the itizure bv him made, ihall be by him given within fcrtv- eight hours next after fuch feizure, to the laid chief officer or officers ; but in fuch cafe the United States iliall have the entire benefit of fuch forfeiture. Sec. 45. And be it further citified. That it puniiv any perfon or perfons Ihall counterfeit or forge, "W Oli r i r i ~ 7- r- rions or caufe to be counterfeited or forged any or convicted the certificates herein before directed to be <>- f >; liI1 ' ir - n 11 i i !' i writing ccr- given, or ihall knowingly or willingly accept * or receive any falfe or untrue certificate with any of the laid fpfrits, or fliall fraudulently al- ter or erafe any fuch certificate after the fame mail be given, or knowingly or willingly pub- lifli or make ufe of fuch certificate fo counter- feited, forged, falfe, untrue, altered or erafed, every perfon fo offending, mail , for each and every offence, forfeit and pay the fum of five hundred dollars. Sec. 46. Ami be it further enacled. That any perfon or perfons that mail be convicted of wilfully taking a falfe oath or affirmation, v to l>e tions are reqmred'to be taken by virtue of this a6c, fliall be liable to the pains and penalties to which perfons are liable for wilful and cor- rupt perjury. Sec. 47. And be it further enacted^ That if any perfon or perfons (hall give, or offer to ^Hn give any bribe, recompence or reward what- bribes to loever, to any fupervifor or other officer of in- ^auic, fpeclion of the revenue, in order to corrupt, perfuade or prevail upon fuch officer, either to do any act or acls contrary to his duty in t 3*5 ] the execution of this aft, or to negleft or orriit to do any aft or thing which he ought to do in the execution of this act, or to connive at or to conceal any fraud or frauds relating to the duties hereby irnpoied on any of the faid fpirits, or not todifcover the fame, every fuch perfon or perfons, fhall for fuch offence, whe- ther the fame offer or propofal be accepted or not, forfeit and pay a fum not exceeding five hundred dollars. orci- Sec. 48. And be it further enaftcd^ That if h- all y perfon or perfons fhall forcibly obftruft or inff i i r T i rr r mthe hinder any fuperviicr or other officer of m- !Tti"''rd. *P e< ^* on 5 m tne execution of this aft or of any t y. of the powers or authorities hereby veiled in him, or lhall forcibly refcue or caufe to be refcued, any of the faid fpirits after the fame ihali hfeve been feized by any fuch fupervifor or other officer, or (hall attempt or endeavor lo to do, all and every perfon and perfons fd offending j lhall, for every Tuch offence, for which no other penalty is particularly provi- ded by this aft, forfeit and pay a fum not ex- ceeding two hundred dollars. riupervi- Sec. 49. -And be it further enacted^ That if lors enter- an y f uc } 1 fupervifor or other officer, fhall enter ing into . J \. , . . coiiuiion, into any colluiion with any perion or perions laiie mark- or violating or evading any of the provisions of this aft, of the duties hereby impofed, or n > fy^ f rau ^ulently concur in the delivery of any public ino- of the faid fpirits, out of any houfe, building ruK K a V or P- ace ? wherein the fame are depofited, with"-. mibxL out payment or fecurity for the payment of the duties thereupon, or fhall falfely or frau- dulently mark any cafk, cafe or vefTel, con- trary to any of the faid provifions, or fhall em- bezzle the public money or otherwife be guilty of fraud in his office, fuch fupervifor or other officer fhall for every fuch offence forfeit the or C 329 3 fum of one thoufand dollars, and upon con- vision of any of the faid offences, fliall forfeit his office, and fhall 'be difqualified for holding any other office under the United States. Sec. 50. And be it further enacted^ That in every cafe in which an oath or affirmation is required by virtue of this acl, it (hall be law- ful for the fupervifors of the revenue, or any tl0il> and of them, or their lawful deputy, or the lawful deputy of one of them, where not more than one in a diftricl, to adminifter and take fuch oath or affirmation. And that wherever there are more than one fupervifor for one diftrift, SSiafm a majority of them may execute all and any jty <>t of the powers and authorities hereby vefted t ^^ in the fupervifors of the revenue : Provided^ wherc , lhc That this mall not be conftrued to make a ouht to majority neceifary in any cafe in which, ac- cording to the nature of the appointment or fervice, and the true intent of this aft, the au- thority is or ought to be fever al. And for the encouragement of the export- trade of the United States : Sec. $ i. Be it further enaftcd^ That if any All of the laid fpirits (whereupon any of the du- to ex i )or - ties impofed by this aft (hall have been paid or fecured to be paid) fhall after the laft day of June next, be exported from the United States to any foreign port or place, there fhall be an allowance to the exporter or exporters thereof, by way of draw-back, equal to the duties thereupon, according to the rates in each cafe by this aft impofed, dedufti-ng there- from half a cent per gallon, and adding to the allowance upon fpirits diflilled within the Uni- ted States, from molaffes, which fliall be fo exported, three cents per gallon, as an equi- VOL. I. T 2 wance to expor- ters under what ref- trixftions. valent for the duty laid upon molaffes by the faid aft making further provifion for the pay- ment of the debts of the United States : Pro- vided always- That the faid allowance (hall not under what , , J , r . ,- . , relictions, be made, unlefs the faid exporter or^ expor- ters fhall obferve the regulations herein after prefcribed : And provided further, That no- thing herein contained fhall be conftrued to alter the provifions in the faid former aft, con- cerning drawbacks or allowances, in nature thereof, upon fpirits imported prior to the firft day of July next. Sec. 52. And be it further enacted, That in Allowance order to intitle the faid exporter or exporters to the benefit of the faid allowances, he, me or they, fhall previous to putting or lading any of the faid fpirits on board of any fhip or vef- fel for exportation, give twenty-four hours no- tice at the lead, to the proper officer of infpec- tion of the port from which the faid fpirits fhall be intended to be exported, of his, her or their intention to export the fame, and of the number of cafks, veffels and cafes, or ei- ther of them, containing the faid fpirits fo in- tended to be exported, and of the refpective marks thereof, and of the place or places where the faid fpirits fhall be then depofited, and of the place to which, and fhip or veflel in which they fhall be fo intended to be exported. Whereupon it (hall be the duty of the faid of- ficer to infpeft, by himfelf or deputy, the cafks, veffels and cafes fo noticed for exportation, and the quantities, kinds and proofs of the fpirits therein, together with the certificates which ought to accompany the fame according to the directions of this act, which fhall be produced to him for that purpofe ; and if he fhall find vhat the faid cafks ? veffels and cafes have the proper marks according to the directions of this act, and that the fpirits therein correfpond with the faid certificates, he fhall thereupon brand each cafk, vefTel or cafe with the word " Exportation ;" and the faid fpirits (hall, after fuch infpection, be laden on board the fame (hip or veifel, of which notice fhall have been given, and in the prefence of the fame officer who mall have examined the fame, and whofe duty it fhall be to attend for that pur- pofe. And after the faid fpirits mall be laden on board fuch (hip or veffel, the certificates aforefaid fhall be delivered to the laid officer, who fliall certify to the collector of the faid diftrict, the amount and particulars of the fpi- rits fo exported, and mall alfo deliver the faid certificates which mall have been by him re- ceived, to the faid collector, which mall be a voucher to him, for payment of the faid al- lowance. Sec. 53. Provided nevertheless ^ and be It fur- Upon what ther enacted, That the faid allowance mail not SO be made, unlefs the faid exporter or exporters llia11 h fhall make oath, or affirmation, that the faid *' fpirits fo noticed for exportation, and laden on board fuch fhip cr veffel, are truly intended to be exported to the place whereof notice (hall have been given, and are not intended to be relanded within the United States ; and that he or he doth verily believe that the duties thereupon charged by this act, have been duly paid, or fecured to be paid ; and fhall alfo give bond to the collector, with two fureties, one of whom fhall be the mafler, or other perfon having the command or charge of the fhip or vefTel in which the faid fpirits ihall be intended to be exported ; the other, fuch fufficient per- fon as fhall be approved by the faid collector, C 33* ] ancl when paid Forfeiture within u. ccpt-ng in certain cafes. in the full value in the judgment of the faid collector, of the faid fpirits fo intended to be exported, with condition that the faid fpirits (the dangers of the feas and enemies excepted) fhall be really and truly exported to, and lan- ded iiifome port or place without the limits of the United States, and that the faid fpirits (hall not be unfhipped from on board of the faid fhip or vcffel, whereupon the fame (hall have been laden for exportation, within the faid limits, or any ports or harbors of the United States, or rclanded in any other part of the fame (fhipwreck or other unavoidable accident excepted.) Sec. $4. Provided alfo, and be it further en- _ . ^ , r . , / , n 11 t acled^ Inat the laid allowance ihall not be paid until fix months after the faid fpirits fhall have been fo exported : And provided alfo^ That whenever the owner of any fhip or vef- fel, on board of which any fuch fpirits are laden for exportation, fhall make known to the collector, previous to the departure of fuch fhip or veffel from the port where fuch fpirits are laden, that fuch fhip or veffel is not going to proceed the voyage intended or the voyage is altered, it fhall be lawful for the collector to grant a permit for the relanding the fame. Sec. 55. And be it further enafled^ That if any of the faid fpirits, after the fame fhall have been Clipped for exportation, fhall be unfhip- ped for any purpofe whatever, either within ^ l" n * ts ^ an y P art f tne United States, or within four leagues of the coafl: thereof, or f| ia }} b e relanded within the United States, r , jin- rr i 7 i ironi on board the ihip or veilel wherein the -f ame ^ a j} [ lave b een j a j en f or exportation, un- lefs the voyage fhall not be proceeded on, or Ihall be. altered as aforefaid, or unlefs in cafe of C 333 ] neceiTity or diflrefs to fave the fhip and goods from peri fh ing, which (hall be immediately made known to the principal officer of the cuftoms, refidmg at the port nearefi to which fuch fhip or veffel ihall be at the time fuch ne- ceffity or diftrefs fhall arife, then not only the fpirits fo unfhipped, together with the caflcs,! veiTels and cafes containing the fame, but alfo the fhip or veflel in or on board which the fame mail have been fo {hipped or laden, toge- ther with her guns, furniture, ammunition, tackle and apparel ; and alfo the (hip, veflel or boat into which the faid fpirits mail be un- fhipped or put, after the unfhipping thereof, to- gether with her guns, furniture, ammunition, tackle and apparel, (hall be forfeited, and may be feized by any officer of the cuftoms, or of irifpection. Sec, 56. And be it further enacted^ That en fpirits the faid allowance fhall not be made when the ex P rl ^ ' r i r n 11 i i 1_ T- ' her than faid fpirits mall be exported m any other than ;i {hi p or a fhip or veflel of the burthen of thirty tons vetlcl of .3 . r i r i i r r tons and and upwards, to be aicertamed to tne iatisrac- upwards, tion of the collector of the diitrict from which *" a the fame fhall be intended to be exported. made. Sec. j7. And be it further enacted^ That the t' :' .i r r i n 11 i When bonds to be given as arorelaid, mail and may bonds be difcharo:ed by producing \vit:hin one year f. , r XV i / . '* 1 1 r/'C 1 r J I x> " from the refpeclive dates thereof (it the fame be tmdcr C er- Ihipped to any part of Europe or America, and taiu p roof *- within two years if fhipped to any part of Afia or Africa, and if the delivery of the fpirits in refpecl to which the fame mall have been given, be at any place where a conful or other agent of the United States refides) a certificate of fuch conful or agent, or if there be no fuch conful or agent, then a certificate of any two fciown and reputable American merchants, [ 334 ] refi cling at the faid place ; and if there be not two fuch merchants refiding at the faid place, then a certificate of any other two reputable when merchants, teilifying the delivery of the faid be n a1fchTr y fpi r * ts at ^ foid place. Which certificate g ed, and ihall in each cafe be confirmed by the oath or ;~ affirmation of the mafter and mate, or other ' like officer of the veflel in which the faid fpi- rits ihall have been exported ; and when fuch certificate (hall be from any other than a con- ful or agent, or merchants of the United States, it mall be a part of the faid oath or affirmation, that there were not upon diligent enquiry, to be found two merchants of the United States at the faid place : Provided al- icays, That in the cafe of death, the oath or affirmation of the party dying, Ihall not be deemed neceifary : And provided further ^ That the faid oath or affirmation, taken before the chief civil magiflrate of the place of the faid delivery, and certified under his hand and feal, fhall be of the fame validity as if taken before a perfon qualified to adminifter oaths within the United States ; or fuch bonds fhall and may be difcharged upon proof that the fpirits fo exported, were taken by enemies or perifhed in the fca, or deftroyed by fire ; the examination and proof of the fame being left to the judgment of the collector of the cuf- toms, naval-officer, and chief officer of infpec- tion, or any two of them, of the place from which fuch fpirits mall have been exported. And in cafes where the certificates herein di- rected cannot be obtained, the exporter or ex- porters of fuch fpirits, {hall neverthelefs be permitted to offer fuch other proof as to the delivery of the faid fpirits, without the limits f the United States, as he or they may have jj L 335 J and if the fame fhall be deemed fufficient by tobe^re- the faid collector, he fhall allow the fame, ex- cept when the drawback to be allowed, fhall lerof amount to one hundred dollars or upwards ; . decl'ion"" in all which cafes the proofs aforefaid fliall be thereon referred to the comptroller of the treafury, fi a , t whofe decifion thereon fhall be final. Sec. 58. And be it further enacted, That it pendent fhall and may be lawful for the Prefident of m ' a ^ lz ^ the United States from time to time, to make i,>\vance to fuch allowances to the faid fupervifors, infpec- fcj: 6 * ' tors, and to the deputies and officers by them their icr- to be appointed and employed for their refpec- ^^ "^ tive fervices in the execution of this act, to be dudt of the .paid out of the product of the faid duties, as dut!es he fhail deem reafonable and proper : Provi- ded always, That the aggregate amount of the allowances to all the laid fupervifors, infpec- tors and other officers, fhall not exceed feven per cent of the whole product of the duties arifing from the fpirits diftilled within the Uni- ted States : And provided alfo, That fuch al- lowance fhall not exceed the annual amount ^^1^5,000 of forty-five thoufand dollars, until the fame tloll jy 5 fhall be further afcertained by law. Sec. 59. And be it further enacted^ That Com- this act mall commence and take effect as to all matters therein contained, in refpect to which no fpecial commencement is hereby provided (except as to the appointment of of- ficers and regulation of the diftricts and fur- veys) from and immediately after the laft day of June next. Sec. 60. And be it further enacled. That the Nctt pro . nett product of the duties herein before fpeci- duciofdu- fied, which mall beraifed, levied and collected fo^f* by virtue of this act, or fo much thereof as m ^nt of ia- may be necelTary, (hall be, and is hereby pledg- [~ the unappropriated iurplus, if any there mail be, C 337 ] &f the revenue arifing under this act, at the Unappro . end of this and every fucceeding year, fliall be priated applied to the reduction of the public debt, in ( h u r ^' t u s bf like manner as is directed by the act, intituled, applied. " An act making provifion for the reduction of the public debt ;" and provided by the act, intituled, ".An act making provifion for the debt of the United States ;" unlefs the faid furplus, or any part thereof, (hall be required for the public exigencies of the United States, and fhall, by fpecial acts of Congrefs, be ap- propriated thereto. Sec. 62. And be it further enabled. That Duties the feveral duties impofed by this act, fhall j^a 7 ^ continue to be collected and paid, until the long to debts and purpofes for which they are pledg- ed and appropriated, fliall be fully difcharged and latisfied, and no longer. Provided always , That nothing herein contained, (hall be con- itrued to prevent the legiflature of the United States from fubflituting other duties or taxes of equal value to all or any of the faid duties and imports. FREDERICK AUGUSTUS MUHLENBERG, Speaker of the Houfe of Reprefent-atives. JOHN ADAMS, Vice-Prefident of the United States, and Prefident of the Senate. APPROVED, March the third, 1791 : GEORGE WASHINGTON, Prefident of the United States, VOL, I. V a C 338 ] CHAPTER XVI. An Aft making an Appropriation for the Pur- pofc therein mentioned. BE it enacted by the Senate and Houfe of Re- prefentatives of the United Stales of A me- law appro. Con^refs afTembled, That for the pur- pnated for . J M ' . cffcainga pole or effecting a recognition of the treaty or recognition fa United States, with the new Emperor of eftnetrea- . t y with Morocco, there be, and hereby is appropna- of m Moroc te< ^ a ^ um not exceecn 'ng twenty thoufand Jol- o; and lars, to be paid out of the monies which prior to the firfl day of January next, fhall arife from the duties impofed upon fpirits didilled within the United States, and from dills by the act entitled, " An act repealing after the kit day of June next, the duties heretofore laid upon didilled fpirits imported from abroad, and laying others in their (lead, and alfo upon fpirits diftilled within the United States, and for appropriating the fame," together with the excels of duties which may arife from the du- ties impofed by the faid act, on imported fpirits beyond thofe which would have arifen by the adt entitled, " An act making further provi- fion for the payment of the debts of the United preficknt States." And the Prefident is hereby autho- r i z ed to take on loan, the whole fum by this act appropriated, or fo much thereof as he may judge requifite, at an intered not excee- ding fix per cent, per annum, and the fund ellablilhed for the above mentioned appropri- ation, is hereby pledged for the repayment of the principal and intered of any loan to be obtained in manner aforefaid, and in cafe of any deficiency in the faid fund, the faith of the [ 339 ] United States is hereby alfo pledged to make good fuch deficiency. FREDERICK AUGUSTUS MUHLENBERG, Speaker cf the Ho life of Reprefrntatives. JOHN ADAMS, Vice-Preftdent of the United States, and Prefidcni of the Senate. APPROVED, March the third, 1791 : GEORGE WASHINGTON, Prejldent of the United States. CHAPTER XVII. An Ad to amend " An Acl^for ejlabllfoing the temporary and permanent Scat of the Govern- ment of the United States ." E // enacted by the Senate and Houfe ofRe- prefcntall-ves of the United States of Ameri- ca in Congrefs qffenibled, That fo much of the act, intitled, " An act for eftablifhing the tern- porary and permanent feat of the government f]xin s the ri TT . 1r , t . permanent or the United States, as requires that the feat of go- whole of the diftrict of territory, not exceeding vernmcnt <>f .. r ] ' . . & U Stares^ ten miles fquare, to be located on the river vcfting the Potowmac, for the permanent feat of the go- vern merit of the United States, fiiall be loca- ted above the mouth of the Eaftern Branch, be and is hereby repealed, and that it (hail be lawful for the Prefident to make any part of the territory below the faid limit, and above the mouth of Hunting Creek, a part of the faid diftricl, fo as to include a convenient part of the Eaflern Branch, and of the lands lying L 340 ] n the lower fide thereof, and alfo the town of Alexandria, and the territory fo to be in- cluded, fhall form a part of the difiricl not ex- ceeding ten miles fquare, for the permanent feat of the government of the United States, in like manner and to all intents and purpofes, as if the fame had been within the purview of the above recited a 61 : Provided, That nothing herein contained, mall authorize the erection of the public buildings otherwife than on the Maryland fide of the river Potowmac, as re- quired by the aforefaid acl. FREDERICK AUGUSTUS MUHLENBERG, Speaker of the Houfe of Representative?* JOHN ADAMS, Vice-Prcfident of the United States, and Prefident of the Senate. APPROVED, March the third, 1791 : GEORGE WASHINGTON, Prefident of the United States. CHAPTER XVIIL An Aftfupplemental to the Aft " eftablijhing the Treafury Department" and for a farther Compensation to certain Officers. Sec. i. rj E // enacted by the Senate and 8th feenon ipV. rr > y r> / r i of a& cfta- JJ Houfe of Reprefentati-ves of the wiping United States of Africa in Congrefs afjembled? JStmrat*" That the eighth fe&ion of the aft, intituled, extended to ^ ^ft to eflablifh the trcafury-department ," clerksunder ^riir JT rr> i paned the lecond day or September, one thow- f aric j f even hundred and eighty-nine, (hall be 7 [ 34! ] and the fame is hereby extended to all and every of the clerks employed in the treafury department, as fully and effectually as if they and every of them were fpecially named there- in, except as to the penalty in fuch feclion mentioned, which in cafe of any fuch clerk offending againfl the provifions of the laid feclion, mall be five hundred dollars, and re- moval from office. Sec. 2. And be it further enaftcd. That each clerks and and every clerk and other officer already ap- cerTto take pointed in any of the departments of the United an , oath . or , i t i r i . affirmation; btates, (and who have not, fmce their appoint- ment, taken the oath or affirmation hereafter mentioned) mail within fifteen days after the pafling of this aft, and thofe who mall hereafter be appointed, fhall before they enter upon the duties of fuch appointment, take an oath or affirmation before one of the juflices of the fuprenie court, or one of the judges of a dif- trict court of the United States, to fupport the ConftitUtion of the United States, and alfo an oath or affirmation, well and faithfully to execute the trull committed to him, which oaths or affirmations, fubfcribed by fuch clerk, to be nicd and certified by the perfon adminiilering the l "^''[ 1 ^ ime, fhall be filed in the office of the perfon ployed. employing fuch clerk. Sec. 3. And be it further enabled r , That it Principal* ihall and may be lawful for the principal in ma > r ^P 01 " r i cr r i IT i o i UOfl tbejOO any or the oifices or the United States, who tne i r reafonable and neceffary expences ployed in incurred by the removal of Congrefs from the officer [ cit y of New- York, to the city of Philadelphia. Sec. 3. And be it further enacted^ That and of 400 ^^ k e a l} owec i to t he amftant fecretary of dollars tori . , ,. . iri c year to af- the treafury, in addition to his ialary tor one Y ear ? commencing with the pafling of this aft, - four hundred dollars, to be paid in the fame manner as his falary. FREDERICK AUGUSTUS MUHLENBERG, Speaker of the Houfe cfRepreJentatives. JOHN ADAMS, Vice-Prefident of the United States, and Prefidcnt of the Senate. APPROVED, March the third, 1791 : GEORGE WASHINGTON, Prefident of the United States. CHAPTER XXI. An Ad for making Compenfations to the Commif- fioners of Loans, for extraordinary Expenfes. (EXPIRED.) [ 345 1 CHAPTER XXII, An Acl providing Compenfations for the Officers of the Judicial Courts of the United States^ and for Jurors and Witneffes, and for other Purpofes. (REPEALED.} CHAPTER XXIII. '.An 4d to continue in Force for a limited Time, an Ad, intituled, " An Aft for the temporary EJlablifiment ofthePoft-Office: y (EXPIRED.) CHAPTER XXIV, An Ad to continue in Force the Aft therein mentioned, and to make further Provifion for the Payment of Pen/tons to Invalids, and for the Support of Light-Houfes , Beacons, Buoys, and public Piers. Sec. i. IF) E // enabled by the Senate and Jj Houfe of Reprefentatives of the United States of America in Congrefs ajjembled, That the act, entitled,- " An a6t to provide for mitigating or remitting the forfeitures and penalties accruing under the revenue laws 'in certain cafes therein mentioned," fhall be and is hereby continued in force until the end of the next feflion of Congrefs, and no longer, VOL, I. X ^ [ 346 1 ftetffciB to Sec.- 2,- And be it further cnafted^ That the invalids Jor y ear |y penfioiis which have been allowed by or I year to be J J r r T_ TT i paid out of m puriuaiice or any act or law or the United States, to perfons who were wounded and dif- abled during the late war, {hall for the fpace of one year from the fourth day of March next, be paid out of the treafury of the United States, under fuch regulations as the Prefident of the United States may direct. Experts Sec. 3, And be it further enatted^ That all f ui' n nt ex P en ^ es wn i cn mall accrue from the firit day of Iinig X ht- of July next, inciufively for the neceifary fup- houies,&c. p Or t maintenance and repairs of all light- to be de- { ' . ur A. 11 fravcd by houfes, beacons, buoys, and public piers, ihall u . states on tinue to be defrayed by the United States, 179!" >Y until the firfl day of July, in the year one thou- fand feven hundred and ninety-two, notwith- ftanding fuch light-houfes, beacons, buoys, or public piers, with the lands and tenements thereunto belonging, and the jurifdiction of the fame, fhall not in the mean time be ceded to or vefted in the United States, by the (late or itates refpeclively, in which the fame may be, and that the faid time be further allowed to the itates refpetively, to make fuch ceffion. Provided^ That nothing in the faid act (hall fo e CO n{trued to limit or reftrain the power of the^Prefident of the United States, to grant pardons for offences againfl the United States. FREDERICK AUGUSTUS MUHLENBER' Speaker of the Hoi/fe of Reprefentatives* JOHN ADAMS, Vice-Prefident of the Unitt States, and Prefident of the Senate. APPROVED, March the third, 1791 : GEORGE WASHINGTON, Prefident of the United States. C 347 ] CHAPTER XXV. An Ad fupplcmcntorj io the Aft, waking Pro- vifion for the Reduction of the Public Debt. WHEREAS it hath been made known to Congrefs that the Prefident of the United States, in confequence of " An acl: making provifion for the reduction of the pub- lic debt," hath caufed a certain loan to be Loan in made in Holland, on account of the United 1 , lo!l ; n i d of States, to the amount of three millions of flo- Horiiisat 5 rins, bearing; an intcreft of five per centum per ' At>r crnt v i r * i t*M i n i P er annum, annum, and reimburlable in fix yearly miral- inents, commencing in the year one thoufand eight hundred, and ending in the year one thoufand eight hundred and fix, or at any time fooner, in whole or in part, at the option of the United States. And whereas it hath been alfo ftated to whereon Congrefs, that the charges upon the faid loan ^ ^&'f_ e * have amounted to four and a half per centum, per cent. whereby a doubt hath arifen, whether the faid loan be within the meaning of the faid laft mentioned act, which limits the rate of inter- eft to five per centum per annum ; And whereas it is expedient that the faid doubt be removed ; BE it enacted and declared by the Senate and Hou/e of Representatives of the United States J , . . sS ~ ,-r,, J , i r r . , declared to of America in Congrefs ^ lhat the loan arore&id be within ihali be deemed and confirued to be within ! h< ^ ] -^ e the true intent and meaning of the faid act, ^a rovi C intituled " An act making provifion for the di "&J. r !->, ri IT iTo 11 rcductii reduction or the public debt, and that any iarther loan, to the extent of the principal iuin li i ( ;. d j ebr > * , i r -j n. i alfo further authorized to be borrowed by the laid act, the h>ansonthe L whereof mail be five per centum per llk ^ u ' iu *' [ 343 ] annum, and the charges whereof (hall not ex- ceed the faid rate of four and a half per centum, fhall, in like manner, be deemed and conftru- ed to be within the true intent and meaning of the faid aft. FREDERICK AUGUSTUS MUHLENBERG, Speaker of the Houfe of Reprefentativcs. JOHN ADAMS, Vice -Prefident of the United States, and Prefident of the Senate. APPROVED, March the third, 1791 : GEORGE WASHINGTON, Prefident of the United States. C H A P T E R XXVL An Acl making farther Provifion for the Collec- tion of the Duties by Law impofed on Teas y and to prolong the ''Term for the Payment of the Duties on Wines. WHEREAS it is conceived that the fol- lowing regulations concerning teas may be conducive both to the accommodation of the importers thereof, and to the fecurity of the revenue ; Seftion i. BE It enacted by the Senate and- Houfe of Representatives of the United States of America in Congrefs qffembied^ That in addi- tion to the provifions contained in the fortieth and forty-firft fcftions of the aft, intituled, " An aft to provide more effectually for the collection of the duties impofed by law on goods, wares and merchandize imported into [ 349 3 the United States, and on the tonnage of mips or velTels," as they regard the payment, or fe- curing the payment of the duties on teas, it importers fhall be lawful for every importer of teas, if ^[v^boadi he or (he ihall elecl: fo to do, to give his or her for double bond to the colleger of the diftricl in which any of the faid teas fhall be landed, in double the amount of the duties thereupon, with con- dition for the payment of the faid duties in two years from the date of fuch bond ; which bond (hall be accepted by fuch collector, with- out furety, upon the terms following ; that is to fay : The teas, for the duties whereof the depofit the faid bond fhall be accepted, (hall be depofited at the expenfe and rifk of the faid importer, in one or more florehoufe or florehoufes, as the cafe may require, to be agreed upon be- tween the faid importer and the infpeclor, or other officer of infpeclion of the revenue, for the port where the faid teas fhall be landed ; and upon every fuch fborehoufe, the faid in- Ipector or officer of infpeclion fhall caufe to be affixed two locks, the key of one of which locks fhall be kept by fuch importer, his or her agent, and the key of the other of which locks fhall be kept by the laid infpector, or by fuch other perfon as he fliall depute and ap- point in that behalf; whofe duty it ihall be to attend at all reafonable time? for the purpofe of delivering the faid teas out of the faid ftore- houfe or florehoufes. But no delivery fhall be made of any of the faid teas without a permit in writing, under the hand of the faid mfpector or officer of infpedion. And in order to the obtaining of fuch permit, it ihall be ncceifery. that the duties upon the teas, for which the fame mail be required, be firfl paid, or, at tho option of the party or parties applying for ths C 35 ] - tit fame, fecured to be paid in manner following ; a , that is to fay : The faid party or parties (hall v.ithoutthe . I " * F nrft give bond with one or more lurety or iureties to r le - thefatisfadionof thefaidinfpector,in double the amount of the duties upon the quantity of teas in each cafe to be delivered, with condi- tion for the payment of the faid duties, if the lame mail not exceed one hundred dollars in Jour months ; or, if the fame mall exceed one hundred dollars, and mall not exceed five hun- dred dollars, in eight months ; or, if the fame lhail exceed five hundred dollars, in twelve ai- montns : Provided always. That the time to for fre allowed for the payment of the duties up- ent of on an parce i o f teas to b e delivered, (hall not duties not . /. r i- r r i i t be ex- be men as to extend the credit ior iuch duties tended, beyond the term of two years originally allow- ed upon the depofiting of the faid teas. Teas depo- Sec. 2. And be It further enaftedy That if v? 0i c- tne duties on any parcel of teas, which mail have been depofited as aforefaid, mall not have k en P^d or iecured to be paid in manner laft fpecined, within the term of two years, accord- ing to the condition of the obligation to be given to the collector of the diftricl, within which the lame (hall have been landed, it ihail be the duty of the faid collector to caufe fo much of the faid teas, as may be neceflary, to be fold at public auction, and retaining the Jam which ihall not have been fo paid or fe- b- fold curg d of the faid duties, together with the ex- penfes of fare keeping ant! iale of the faid teas, ma ^ return the overplus, if any, to the owner or owners thereof, his, her or their agent or }awi ^ 11 repreientative. Sec. 3. And be it further enacled, That the bonds which have been or fhall be directed to be given, by this or any other at, for monies coe [ 35-' 3 .>r duties to be paid or performed to the l r ni- ted Suites, ihall be taken in the name of the United States of America ; unleis fpccial di- reclion mall have been given to take them in J^J tome other name. And the bonds to be taken ddiv. as aibrefaid, by any infpector of the revenue, *' c {^ Ihall be delivered by him forthwith to the col- 'n-u lector of the diitrid within which the tea?, to ^2 which they may relate, ihall have been landed, ted. in order to the collection of the monies there- in ipeciiied. And the permits which ihall have .been granted by fuch infpeftor, for the delive- ry of any teas, out of any florehoufe wherein they ihall have been deposited, ihall be received by fuch collector towards fatisfying any bond, which mall have been, in the nril inftauce, ta- ken by the faid collector, touching the laid teas-; which permits ihall therefore fpecify the amount of the duties which ihall have been paid or fe- cured upon the teas to be delivered in virtue thereof; and the name of the (hip or ve'lcl in which they ihall have been imported, and of the importer or importers thereof. Sec. 4. And be It further emitted. That all - JV teas, which after the firfl day of April next, poiuJ. ui ihall be imported into the United States from \^ any foreign port or place, ihall be landed un- der the care of the infpectors of the revenue for the ports where the fame ihall be reipec- tively landed ; and for that purpofe every per- mit which ihall be granted by any collector, for landing the fame, ihall, prior to fuch land- ing, be produced to the faid infpector, who by an endorfement thereupon under his hand, ihall fignify the production thereof to him, and the time when ;. after which, and not otherwife, it ihall be lawful to land the teas mentioned in fuch permit. And the faid ia- C 352 3 for k marked ip e & or & a ^ m ^ke an entry of all fuch permits/ and of the contents thereof ; and each cheit, ^ ox or Package containing any teas, (hall be marked by the officer under \vhofe immediate ^fpedion the fame mall be landed, in legible , and durable characters, with progreffive num- bers, and with the name of the veflel in which the fame mail have been imported. And the faid officer fhali g rallt a certificate for each fuch cheft, box or package, fpecifying therein grane. t k e name OY names o f t ] le importer or impor- ters, the fhip or veflel in which the fame (hall have been imported, and the number thereof to accompany the fame wherefoever it mail be fent. And whereas, for the payment of the duties accruing on Madeira wines, and which may be fecured by bond, the term of twelve months is allowed ; and it is proper to extend, in like manner, the payment of the duties accruing on other wines ; Sec. 5. Therefore, Be it cnaclcd^ That for Term for the payment of the duties on other than Ma- ^ayinentof d e ira wines, and which fhall be fecured by on-winfe** bond, fuch bond (hall be taken with condition prolonged, f or t ne payment of the duties in twelve months, in like manner as by law is directed for the payment of the duties on Madeira wines. FREDERICK AUGUSTUS MUHLENBERG, Speaker of the Houfe of Rcprcfcntcftives. JOHN ADAMS, ftce-Prefident of the United States, and Prefident of the Senate. APPROVED, March the third, 1791 : GEORGE WASHINGTON, Prefident of the United State/* t 353 3 CHAPTER XXVIt. An Aft for granting Lands to the Inhabitant* and Settlers at Vincennes and the Illinois Coun- try, in the Territory north -weft of the Ohio, and for confirming them in their Poffeffions. Sec. I. "JF> E // cnacJcd by the Senate and -IJ5 Hoitfe of Reprefentatives of the United States of America in Congrcfs afjemblcd^ That four hundred acres of land be Driven to T- c i r r i i 4Ooaci-e$ each or tnole perlons, who in the year one of land thoufand feven hundred and eiglity-three, were heads of families at Vincennes or in the lili- of a nois country, on the MimTippi, and who fmce and that time have removed from one of the faid places to the other. And the governor of the territory north- weft of the Ohio is hereby di- rected, to caufe the fame to be laid out for them, at their own expenfe either at Vincen- nes or in the Illinois country, as they mall fe- verally elect. Sec. 2. And be it fur tier ena tied and declar- ed, That the heads of families at Vincennes cr in the Illinois country in the year one thou- removed fand feven hundred and eighty-three, who af- ter wards removed without the limits of tha faid territory, are not with ftanding, entitled to the donation of four hundred acres of land made by the refolve of Congrefs of the twen- ty-ninth of Augufl, one thoufand feven hun- dred and eighty-eight ; and the governor of the faid territory, upon application to him for that purpofe, is hereby directed to caule the fame to be laid out for fuch heads of families or their heirs ; and mall alfo caufe to be laid oft and confirmed to fuch perfcns the feveral VOL. L Y a C 354 J tracts of land which they may have poffeffed, and which before the year one thoufand feven hundred and eighty-three may have been allot- ted to them according to the laws and ufages of the government under which they had ref- -pectively fettled : Provided never tJje/efs, That if they re- if fuch perfons or their heirs do not return and turn within occupy the faid lands within five years, fuch lands mail be confidered as forfeited to the United States. Lands for- ^ec. ^ And be it further enabled. That one mtriy pof- hundred and fifty acres of land, heretofore in aS'Iw 1 " poffeffion of the Piankefliaw Indians, and now Indians under aclual improvement, and contouring a P art of the villa g e of Vincennes, be given to the perfons who are feverally in poffeffion of the faid land. Sec. 4. And be it further enacled. That where lands have been aftually improved claiming and cultivated at Vincennes, or in the Illinois fii^poffd country, under a fuppofed grant of the fame, grant, to by any commandant or court claiming authori- cialmscon- ty to m ^ke fuch grant, the governor of the firmed. faid territory be, and he hereby is empowered to confirm to the perfons who made fuch im- provements, their heirs or ailigns, the lands fuppofed to have been granted as aforefaid, or fuch parts thereof as he, in his difcretion, may judge reafonable, not exceeding to any one per- fon, four hundred acres. Landshere- Sec. 5. And be it further enafted) That a tofore ufed tra v o f l an( | containinp- about live thoufand as a. com- c , , ' i i , r i mon to b.; lour hundred acres, which for many years has appropria- {jg^ f ence( j anc i u f e< j by the inhabitants of ted thereto. , T . J . . ^ r Vincennes as a common, alio a tract or lanct including the villages of Cohos and Prairie du Pont, and heretofore ufed by the inhabitants r 355 1 of the faid villages as a common, be, and the fame are hereby appropriated to the ufe of the inhabitants of Vinoennes and of the faid vil- lages refpeftively, to be ufed by them as a com* mon, until otherwife difpofed of by law. Sec. 6. And be it further enacted. That the governor of the faid territory be authorized to Militiamen make a grant of land not exceeding one hmv ^obtSL dred acres, to each perfon who hath not obtain- edany do- ed any donation of land from the United States, JSd^Jrg. and who, on the firft day of Auguft, one thou- ceive I0 fand feven hundred and ninety, was enrolled in the militia at Vincennes or in the Illinois country, and has done militia duty, the faid land to be laid out at the expenfe of the gran- tees, and in fuch form and place as the faid governor (hall direct. Provided neverthelefs, Appropm- That no claim founded upon purchafe or other- tion ot a wife, mail be admitted within a traft of land KatiaJ&T heretofore occupied by the Kafkafkia nation lndians - of Indians, and including their village, which is hereby appropriated to the ufe of the faid Indians. Sec. 7. And be it further enacled^ That two Grant of to lots of land heretofore in the occupation of p - the priefts at Cahokia, and fituated near that village, be, and the fame is hereby granted in fee to P. Gibault ; and that a trad of land at Kalkafkia, formerly occupied by the Jefuits^ be laid off and confirmed to St. Jam Beouvais, who claims the fame in virtue of a purchafe thereof. Sec. 8. And be it further enafled, That fo i r i nrv>, f r 1 lands to be much or the act or Congrefs of the twenty- laid out ac- eighth of Auguft, one thoufand feven hundred ^*?com and eighty-eight, as refers to the locations of grefs of certain trafts of land directed to be run out C 356 3 referved for donations, to the ancient fet- tiers in the Illinois country be, and the fame is hereby repealed, and the governor of the faid. territory is directed to lay out the fame, agreeably to the act of Congrefs of the twen- tieth of June, one thoufand ieven hundred and eighty-eight. FREDERICK AUGUSTUS MUHLENBERG, Speaker of the Houfe of Representatives. JOHN ADAMS, Vice-Prefidcnt of the United States, and Preftdent of the Senate. APPROVED, March the third, 1791 : GEORGE WASHINGTON, Prcfident of the United States. CHAPTER XXVIIL n Aft for raljtng and adding another Regiment to the Military Eftablijhment of the United States ', and fcr making farther Provifionfor tk$ Proteflion of the Frontiers. I 357 ] THERE AS Congrefs did, by a refolutiori of the twenty-third day of September, one .thousand feven hundred and eighty-nine, recommend to the fe- vcral ftates to pafs laws making it cxpreisiy the duty of the keepers of their jails to receive and lafe keep there- in all prifoners committed under the authority of the United States ; in order therefore to ciilure the adnu- nidralion of juilice, Refo/ved by the Senate and Houfc cf Reprefentatives of the United States of America in Congrefs affembled^ That in cafe any (late fhall not have complied with the laid recommendation, the marfhal in fuch ftate, under the direction of the judge of the diftrid, be authorized to hire a convenient place to ferve as a temporary jail, and to make the neceffary provifion for the fafe-keeping of prifoners committed under the authority of the Unit J States, until permanent provifion mall be made by law for that purpofe ; and the faid marfhal lhall be allowed his reafonable expenles incurred for the above puipo- fes, to be paid out of the treafury of the United States. FREDERFCK AUGUSTUS MUHLENBERG, Speaker of the Houfe of Reprefentafives. JOHN ADAMS, Vice-Prefident of the United States* and Prefident of the Senate. APPROVED, March the third, 1791 : GEORGE WASHINGTON, Prefident of the United States, ACT AND TWO RESOLUTIONS OMITTEB IN THEIR PROPER PLACE.] A N A C T Pafled at the firft Seffion OF THE FIRST CONGRESS O F T H E United States of America, Begun and held at the City of New- York, on Wednefday, the fourth of March, one thoufand feven hundred and eighty-nine : AND OF THE Independence of the United States, THE THIRTEENTH. CHAPTER IV. An Act for eftabUjhing an Executive Department ', to be denominated the Department of Foreign Affairs* Section i. 1[J E // enabled by the Senate and _Jj Houfe of Representatives of the United States of America, in Congrefs ajfembled-^ duty That there fhall be an executive department, to be denominated the department of foreign iilfairs, and that there fhali be a principal offi- cer therein, to be called the Secretary for the Department of Foreign Affairs, who mall per- form and execute fuch duties as mall from time to time be enjoined on or intruded to him by the Prefident of the United States, agree- C 36 3 to the conftitution, relative to correfpon- dences, commiffions or inftruclions to or with public miniflers cr confuls, from the United States, or to negociations with public minifters from foreign ftates or princes, or to memo- rials or other applications from foreign public miniflers or other foreigners, or to fuch other matters refpefting foreign affairs, as the Pre- lident of the United States fliall ailign to the faicl department : And furthermore, that the faid principal officer mail conduct the bufinefs of the faid department in fuch manner as the Prendent of the United States mail from time to time order or inilrucl:. principal Sec, 2. And be it further cnafted. That there attv? lus ^ a ^ ^ c m t ^ le * a ^ department, an inferior of- ficer, to' be appointed by the faid principal of- ficer, and to be employed therein as. he fhall deem proper, and to be called the chief clerk in the department of foreign affairs, and who, whenever the faid principal officer iliall be re- moved from office by the President of the Uni- ted States, or in any other cafe of vacancy, fhall, during fuch vacancy, have the charge and cuftody of all records, books an.i papers appertaining to the faid department. Sec. 7. And be it further enacted, That the Oath of f . , . . . r J . ' office. laid prmcip'il oliicer, and every other perion to be appointed or employed in the faid de- p'lrtment, fhall, before he enters on the execu- tion cf his office or employment, take an oath or affirmation, well and faithfully to 'execute the trufc committed to h":"i. ****, t Se = i 4- And.b, it.furtb* ^'^That to take the Secretary for the dc -irtinent of foreign S^^c a ^ rs 3 to be appoints in consequence of this f foreiga acl, fhall forthwith ait^ his appointment, be cntiikJ to hayc the cuftodv and* charge of all C records, books and papers in the office of Se* cretary for the department of foreign affairs, heretofore eftablifhed by the United States in Congrefs aflembled. FREDERICK AUGUSTUS MUHLENBERG, Speaker of the Houfe ofReprefentatives. JOHN ADAMS, Vice-Prefident of the United States, and Prefident of the Senate* APPROVED, July twenty-feven, 1789: GEORGE WASHINGTON, Prefident of 'the United States. VOL. I. Z 2 N C 3?* ] RESOLVED by the Senate and Houfe of Repr.efenta- . tives cf the United States of America in Congrefs affemblcd, That it be recommended to the Legiflatures of the feveral dates to pafs laws, making it exprefsly the duty of the keepers of their gaols, to receive and fafe keep therein all prifoners committed under the au- thority of the United States, until they {hall be dif- charged by due courfe of the laws thereof, under the like penalties as in the cafe of prifoners committed under the authority of fuch dates reipeftively ; the United States to pay for the ufe and keeping of fuch gaols, at the rate of fifty cents per month for each pri- ibner that {hall, under their authority, be committed thereto, during the time fuch prifoners mall be therein confined ; and alfo to fupport fuch of faid prifoners as {hall be committed for offences- FREDERICK AUGUSTUS MUHLENBERG, Speaker of the Houfe of Reprefentati-ves. JOHN ADAMS, Vicc-Prefident ef the United .States* and Prefident of the Senate. APPROVED, September the 2%d, 1789: GEORGE WASHINGTON, Prefident of the United States. ESOLVED, That it (hall be the duty of the Se- cretary of State, to procure from time to time iuch of the ftatutes of the feveral dates as may not be in his office. FREDERICK AUGUSTUS MUHLENBERG, Speaker of the Houfe of Reprefentativcs. JOHN ADAMS, Vice- Prefident of the United States, and Prefident of the Senate. APPROVED, September the 23d, 1789 : GEORGE WASHINGTON, of the United States-. T H E TREATIES MADE BY THE UNITED STATES .. AMERICA, WITH . Foreign Nations. TREATY OF ALLIANCE BETWEEN THE United States of America AND HIS MOST CHRISTIAN MAJESTY. TREATY OF ALLIANCE BETWEEN THE United States of America AND MIS MOST 'CHRISTIAN MAJESTY. ORIGINAL. TREATY OF ALLIANCE. 1 HE Mod Chriftian King and the United States of North- America ; to wit : New- Hampfliire, Maffachuretts-bay, Rhode-Ifland, Connecticut, New- York, New-Jerfey, Penn- fylvania r Delawiire, Maryland, Virginia, North- Carolina, South-Carolina, and 'Georgia, hav- ing this day concluded a treaty of Amity and Commerce, for the reciprocal advantage of their fubjects and citizens, have thought it necefTary to take into confederation the means of ftrengthening thofe engagements, and of rendering them ufeful to the iafety and tran- quility of the two parties ; particularly in cafe Great-Britain in refentment of that connec- tion and of the good correfpondence which is the object of the faid treaty, fhould break the peare with France, either by direct hostilities, or by hindering her commerce and navigation in a manner contrary to the rights of nations, and the peace fubfifting between the two corowria: And bis Majeily and the faid United TRAITE D'ALLIANCE ENTRE LES Etats Unis cTAmerique E T SA MAJESTE TRES CHRETIENNE. ORIGINAL. TRAITE D'ALLIANCE eventuclle et definfi-ve. LE Roi trcs Chretien et les Etats Unis de 1' Ameriquc Septentrionale, favoir, New- Hampfliire, la Baye de MaflachufTet, Rhode- Ifland, Connecticut, New- York, New-Jerfey, Penfylvanie, Delaware, Maryland, Virginie, Caroline Septentrionale, Caroline Meridio- nale, et Georgia ; ayant conclu ce jourd'huy un trait e d'amitic, de bonne intelligence et de commerce, pour 1'avantage reciproque de leurd fujets et citoyens, ils ont era devoir prendre en coniideration, les moyens de refferrer leurs liaifons, et de les rendre utiles a Li furete et a la tranquilite des deux parties, notament dans le cas ou la Grande Bretagne, en haine de ces memes liaifons et de la bonns corref- pondance qui forment Pobj-et du dit traite, fe porteroit a rompre la paix avec la France, foit en Tattaquant hoflilement, foit en tro ablaut Ion commerce, et fa navigation, d'une maniere contraire au droit des gens et a la paix fub- fiflante entre les deux couronaes : Et fa MLI- C 368 ] States, having refolved in that cafe to join their councils and efforts againft the entsrprifes of their common enemy, the refpe&ive pleni- potentiaries impowered to concert the claufes and conditions proper to fulfil the faid inten- tions, have, after the moil mature deliberation, concluded and determined on the following articles : ARTICLE I. ak If war mould break out between Fraace Orcat-Biv anc ^ Great- Britain during the continuance of t4in. to be the prefent war between the United States and En gknd, his Majefty and the faid United States mall make it a common caufe and aid each other mutually \vith their good offices, their counfels and their forces, according to the exigence of conjunctures, as becomes good and faithful allies. ARTICLE II. object uf The effential and direct end of the prefent the treaty, defenfive alliance is to maintain effectually dcneeofthe tne liberty, fovereignty and independence ab- u. btaas. folute and unlimited, of the faid United States, as well in matters of government as of com- merce. ARTICLE III. Both par- The two contracting parties iliall each on tjcstoimfo: - ts Qwn rt an; j m t ^ e manner it may judge evcrv firort -1,1 ,-r- to attain rioft proper, inaice all the efforts in its power that er...i. a g a i n ft their common enemy, in order to at- tain the end propofed. :,69 'J jeitc et les dits : Etats Unis ay-ant refolii everi- tueilcivient d'unir, chins le cas prevu, leurs conieils et leurs ef Forts centre les entrcpriftss ue leur erwaemi conimuii, les pleniporentiaires . tifs, charges de concert er ks dailies ct conditions pro;.' res j. remplir leurs intention^ , apres Li plus mure deliberation concluet avrctd les points et articles qui s'enluivent. ARTICLE PREMIER. S' la may be defired, the party v/hofe concurrence is defiped, filial 1 readily and with good faith, join to acl in concert for that purpofe, as far as circurnftances end its own particular fitua- tion will permit ; and in that cafe, they mall regulate, by a particular convention, the quan- tity and kind of fuccour to be furniihed, and the time and manner of its being brought in- to action, as well as the advantages which ^re to be its compenfation. ARTICLE V. owqueiu If the United States fliould think fit to at- *cmpt the reduction of the Britifh power, re- the United maining in the northern parts of America, or the iilands of Bermudas, thofe countries or iflands in cafe of fuccefs^ fliall be confederated with, or dependant upon the faid United States. ARTICLE VI. 'ranee re- The Mod Chriftian King renounces for eve'r all claim to the po'ileilion of the iflands- of Bermudas, as certain we ]j as o f an y p art o f t j-j e continent of North countries if . i i i r i r r i conquered. America, which berore the treaty or Fans in 1 763, or in virtue of that treaty, were acknow- ledged to belong to the crown of Great-Bri- tain, or to the United States, heretofore cal- led Britifh colonies, or which are at this time, or have lately b r een under the power of the king and crown' of Great-Britain. [ 37' ] ARTICLE QUATRE. Les parties contraclantes font ccnv^nues cjue dans Je cas ou Tune d'entre elks formeroit qudqu' entreprifj particulie're, pour laquelle defireroit le concours de 1'autre, celle-ci, fe preteroit de bonne foi a un concert fur cet objet, autant que les (.irconflances et fa pro- pre fituation pourront le lui permettre, et dans ce cas, on reglera, par une convention parti- culiere, la porte'e des fecours a fournis, et le terns et la maniere de le faire agir, ainfy que les- avantages deftines a en former la compen- fatioa. ARTICLE Si les Etats Unis jugent a propos de tenter la reduction des ifles Bermudes et des parties feptentrionales de I'Amerique, qui font encore au pouvoir de la Grande Bretagne, les dites illes et contrees, en cas de fucces, tntieront dans la confederation ou feront depen-Jantes cas dits Etats Unis. ARTICLE SIX. Le Roi tres Chretien renonce a poifeder jamais les Bermudes, ni aucune des parties du continent de I'Amerique feptentrionale, qui, avant le traite' de Paris de mil fept cent foixante trois, ou en vertu de ce traite, ont e'tc recon- nues appartenir a la couronne de la Grande Breiagne, ou aux Etats Unis, qu'oa appelioit ci-dcvunt colonies Britanniqucs, cu qai four. maiiitenant, ou out ete recemment fous 1^ jurifdiclion et fous le pouvoir dc la cqurouui- 4e a Grande [ 37* 3 ARTiGLE ViL If his ]v r ! '-riftiaa Meil fhall c to tjvit iiilii 3 proper to attack any of the Sands ntuafed in -Gulph of Mexko, or near (hut G-ulph, which are at prefent under the power c-i Gv Britain, all the laid ifles, in cafe cf ifi-icceis, {hall appertain to the crown of Fru: \ ARTICLE V, -;her of the two parties (hull .conclude either truce or peace, with C/eat-l^'kain, ith- w ith O ut the formal confent of the oth.,r - . . j ; . - obtained ; and tney muiuaiiy engage not to lent nor j ay J ovvn t l le i r arms w +i\ the indeDenclence of lay down 1 -' TT .. lr> nui i n arms tin in- the united States ihali have beer v or ofu n Scs tacici y afTurcJ, by the treaty or trea^c^ that be fecurcd. fhall terminate the \viir. ARTICLE IX. :\-o claim of The, centracliing p^vtie- declare, that being >eftfa - refbked to fulfil each on its own part, ? .r. r claufes and conditions of. the prefent treaty of alliance, accordmg to its awn power and circumftances, there th.ill be no after claim of compenfation on one fide or the other, whate- ver may be the event of the war. out tnc o- ther's con I ARTICLE X. TO adir.it * The Mod Chrifllan -King and the United other po\v- States agree, to invite or admit other powers cede to tnii font a&uellement au pouvdr de hi Grande I>i:cr-igne, routes les di'es ifies, en ens ce HIC- ces, apparticn jront a la couronne de France. .ARTICLE I-." .'. * X jr.rtic's.re royrra conc'kirre In'Ctagne, .f:\ns i oe i'a.utrc: pailtie, t-t c!k j s s'eai-.;;;cEL i;r.^--.;.li^nieni: a n ttye has les armes, qiie IprCqpp rinvlepcn- dancc des if the conceilion was con- ditional. ARTICLE III. The fubjecls of the Moil Cliriftian King the King of {[^11 pay in the ports, havens, roads, coun- he tries, iflands, cities, or towns, of the United fame pri- States, or any of them, no other, or greater vilees in . J n r \ 7 r " the 'united duties, or impoits, or what nature fbever they states, a s ma y ^ or ^y what name foevcr called, than the moft . J \ . , ^ . n r . 7 favored ua - thofe which the nations molt favoured are or non. (hall be obliged to pay ; and they lhall enjoy all the rights, liberties, privileges, immunities, and exemptions in trade, navigation and com- merce, whether in palling from one port in the faid Hates to another, or in going to and from the fame, from and to any part of the world, which the faid nations do or fnall enjoy. ARTICLE IV. The fubjccls, people and inhabitants of the faid United States, and each of them, lhall not pay in the ports, havens, roads, ifles, cities and places under the domination of his Moil C 383 ] tionnees au prefent traite feront perpetuelles et permanentes entrc Le Roi tres Chretien, fes Rentiers et fucceffeurs, et les dits Etats Unis. ARTICLE II. Le Roi tres Chretien ct les Etats Unis s'engagent mutuellernent a n'accorder aucune faveur particuliere a d'autres nations, en fait de commerce et de navigation, qui ne devienne aufitot commune a 1* autre partie, et celle-ci jouira de cette faveur gratuitement, ii la con- celfion eft gratuite, ou en accordant la meme compenfation, fi la conceilion- eft conditionelle. ARTICLE III. Les fujets du Roi tres Chretien ne paieront dans les ports, havres, rades, contrees, ifles, cites et lieux des Etats Unis ou d'aucun d'entr'eux, d'autres ni plus grands droits ou impots, de quelque nature qu'ils puiflent etre, et quelque nom qu'ils puiffent avoir que ceux que les nations les plus favorifees 1'ont, on feront tenues de paier ; Et ils jouiront de tous les droits, libertes, privileges, immunites et exemtions en fait de negoce, navigation et commerce, foit en paflant d'un port des dits Etats a un autre ; foit en y allant ou en re- venant de quelque partie ou pour quelque partie du monde que ce foit, dont les dites nations jouiflent ou jouiront. ARTICLE IV. Les fujets, peuples et habitans des dits Etats Unis et de ehacun d'iceux.ne paieront dans les ports, havres, rades, iiles, villcs et places de la domination -de fa Majefle tres Chretienne en L 384 3 Chriftian Majefty, in Europe, any other, c?r Lm of the greater duties or impofts, of what nature foe- i inked ver they may be, or by what name foever cal- tittedtoThe led, than thofe which the moft favoured na- iame privi- tions are or fliall be obliged to pay ; and thev lopes in the n n 111 i IM i dominions ihall enjoy all the rights, liberties, privileges, t .f i-rai-.ce, immunities, and exemptions in trade, naviera- iis the moil . ~? r h i.tvored na- tion and commerce, whether in paning from tion. one pQYt in^he faid dominions, in Europe, to another, or in going to and from the fame, from and to any part of the world, which the laid nations do or Ihall enjoy. ARTICLE V. In the above exemption is particularly corn- particular prifed, the impofition of one hundred fols per exemption, ton /"fl-aKlifh^rl in "Prnnrr* r\n fr>v<=>in-n fhiT^o nn^ 5 e ft a bli{hed in France on foreign mips ; un- lefs when the mips of the United States fhall load with the merchandize of France for ano- ther port of the fame dominion, in which cafe the faid fhips mail pay the duty above men- tioned fo long as other nations the moil favour- ed fliall be obliged to pay it. But it is under- floocl that the faid United States, or any of them, are at liberty when they fhall judge it proper, to eftablifh a duty equivalent in the fame cafe. ARTICLE VI. The Moil Chriftian King fliall endeavour by all the means in his power to protect and de- fend all veflels and the effecls belonging to the fubjecls, people or inhabitants of the faid United States, or any of them, being in his ports, havens, or roads, or on the feas near to his countries^ iflands, cities or towns, and to C 385 3 Europe cTautres ni plus grands drolls on Sni- pe*) ts de quelque nature qu'ils puiffent etre et quelque nom qu'ils puiffent avoir que les na- tions les plus favorifees font, ou feront tenues 'de paier, et ils jouiront de tous les droits, li- bertes, privileges, immunitJs et exemtions en fait de n^ goce, navigation et commerce foit en paffant d'un port a un autre des dits Etats du Roi tres Chretien en Europe, foit en y allant ou en revenant de quelque partie ou pour quelque partie du monde que ce foit, dont les nations fufdites jouiffent ou jouiront^ ARTICLE V* Dans Texemtion ci-demis eft hommement comprife 1'impofition de cent fous par tonneau etablie en France fur les navires etrangers, fi ce n'eft lorfque les navires des Etats Unis chargeront des marchandifes de France, dans un port de France, pour urt autre port de la meme domination, auquel cas les dits navires des dits Etats Unis acquitteront le droit dont il s'agit aufli long terns que les autrea nations les plus favor ifres feront obligees de 1'acquitter. Bien entendu qu'il fera litre aux dits Etats Unis, ou a aucun d'iceux d'etablir,, quand ils le jugeront apropos, un droit equivalent a celui dont il eft queftion pour le meme cas pour lequel il eft etabli dans les ports de fa Majeile tres Chretienne. ARTICLE VI. Lc Roi tres Chretien fera ufage de tour, hz moiens qui font en ion pouvoir, pour pr( et defendrc tous les vaiireau:' 8 appa'rte* , aux ilijrts, peuples et hjibitans cks dits Etats Unis et dc chacun d'iceux qui feront ies pori:s, havres, ou rades, cu dans les niers pres de fes pays, contr;es, iiles, villes et VOL. I. C 3 C. 386 ] Fr "; i ;^ to f recover and reftore to the right owners, their Sfof the" agent or attornies, all fuch veffels and effects, citizens of w hich (hall be taken within his jurifdiction ; ^ates hi c and the (hips of war of his Moft Chriftian Ma- their jurif- jelly or any convoy failing under his authori- diau>n,to J ; n n 11 r 1 J r rt-Uorc t\ r , mall upon all occaiions take under their J * c -"ir X> d en P rote ^i a 5 a ^ velfels belonging to the fubjects, and tofconr people or inhabitants of the laid United States, x yoy vdrck or an y O f ij lem and holding the fame courfe, in certain / , r i n 11 i r * n i cafes. or going the lame way, and mall defend luch veffels as long as they -hold the fame courfe, or go the fame way, againft all attacks, force and violence, in the lame manner as they ought to protect and defend the veffels belonging to the fubjects of the Moft Chriftian King. ARTICLE VII. ^ n 1& G manner thefaid United States and their stales to do fhips of war, failing under their authority, (hall protect and defend, conformable to the tenor of the preceding article, all the velfels and effects belonging to the fubjects of the Moft Chriitian King, and ufe all their endeavours to recover, and caufe to be reftored, the faid] veflels and effects that mall have been taken! within the jurifdiction of the faid United Stares, or any of diem. ARTICLE VIII. oi The Moft Chriftian King will employ hi> x . l , p'ood offices and interpolation with the KinJ aid -JuneJ b . > states to or hmperor of Morocco or r ez, the regenciej tk^vitStc f />L %i er :> Tunis, and Tripoli, or with any ol them ; . and alfo \vith every other Princea State or Po\ver, of the coaifc of -Barbary, ii Africa^ and the lubjscts of the faid King, [ 337 1 f places, et fcra tons fes efForts pour recouvrer ct fairc reflituer aux proprictaires legithnes, leurs agens ou inandataires, tons les vaifieaux et eitets qui leur feront pris dans Petendue de la jurifcucuon : Et les vaifieaux dc guerre dc fa Majefte tres Chretienne ou les convois quelconques faifant voile fous fon autorile, prendront, en toute occafion, fous leur protec- tion tous les vailTeaux appartenants aux fujets, pcuples et habitans des dits Etats Unis ou d'auom d'iceux, les quels tiendront le meme cours, et feront la meme route, ct ils defcndront les dits vaifieaux aufii long-terns qu'ils tiendront le meme cours et fuivront la me me route, con- tre toute attaque force ou violence d 2 h r.ieine maniere qu'ils font tenus^de defendre et de proteger les vahTeu; .rtcnans aux fujets de fa Majefle tres Chretienne. ARTICLE VII. Pareillement ks dits Etats Unis et leurs vaiffeaux de guerre faifant voile fous leur auto- rite protegeront et defendront conformement au contenu de Tarticle precedent, tous les vaifieaux et efFets appartenants aux fujets du Roi tres Chretien, et feront tous leurs efforts pour recouvrer et faire reflituer les dits vaif- ieaux et efFets qui auront etc pris dans Pe- tendue de la jurifdiclion des dits Etats et dc chacun d'iceux. ARTICLE VIII. Xe Roi tres Chretien eir.ploiera fes DORS offices et fon entremife aupres des Roi ou Em- pereur deMaroc ouFez, des Regencesd'Alger, Tunis et Tripoli, ou aupres d'aucune d'entr' elle.^ ainfi qu' aupres de tout autre Prince, Etat, ou PuiiTance des cotes de Barbaric en Affrique et des fujets des dits Roi, ]'l;::pcrcu:v Etats et C 3 p 8 3 peror, States and Powers, and each of them, in order to provide as fully and efficaciously as poffible for the benefit, conveniency and fafety of the faid United States, and each of them, their fubjefts, people and inhabitants, and their vefTels and effects againft all violence, infult, attacks, or depredations, on the part of the faid Princes, and States of Barbary, or their iubje&s. ARTICLE IX. The fubjefts, inhabitants, merchants, com- manders of mips, matters and mariners of the ^ates, provinces and dominions of each party refpe&irely mall abftain and Forbear to fifh in all places pofTeffed, or which mall be porTefled by the other party ; the Moft Chriflian King's fubjeclsfhall notfilh in the havens, bays, creeks, roads, coafts or places, which the faid United States hold, or (hall hereafter hold, and in like manner the fubjecls, people and inhabitants of the faid United States, mall not fifh in the havens, bays, creeks, roads, coafts or places, which the Moft Chriftian King poiTelles, or fliall hereafter pofTefs ; and if any fliip or vef- fel (hall be found filhing contrary to the tenor of this treaty, the faid (hip or veflel, with its Jading, proof being made thereof, mail be con- fiicated ; it is however underftood that the ex- clufion ftipulated in the prefent article, fliall take place only fo long, and fo far as the Moft Chriftian King, or the United States, mall not in this refpeft have granted an exemption to fome other nation. ARTICLE X. The United States, their citizens and in- habitants ihall never difturb the fubjects of the C 3*9 3 Puiffances et de chacun d'iceux a PefFet de pourvoir aufli pleinement et aufli efficacement qu'il fera pofiible a 1'avantage commodite et furete des dits Etats Unis et de chacun d'iceux, ainfi que de leurs fujets, peuples et habitans leurs vaiffcaux et effcts centre toute violence, mfulte, attaque ou depredations de la part des dirs Princes et Etats Barbarefques ou de leurs fujets. ARTICLE IX. Les fujets, habitans, marchands, comman- dans des navires, maitres et gens de mer, de s etats, provinces et domaines des deux parties, s'abfliendront et eviteront reciproquement de pecher dans toutes ies places pofledees, ou qui. feront pofledees par 1'autre partie. Les fujets de fa Majefte tres Chretienne ne pecheront pas dans Ies havres, bayes, criques, rades, cotes et places que Ies dits Etats Unis, pofledent ou pofTederont a 1'avenir ; et de la meme maniere Ies fujets, peuples et habitans des dits Etats Unis ne pecheront pas dans Ies havres, bayes, criques, rades, cotes et places que fa Majefte tres Chretienne poflede acluel- lement ou pofledera a 1'avenir, et fi quelque navire ou Datiment etoit furpris pechant en violation du prefent traite, le dit navire ou batiment et fa cargaifon feront confifques apres que la preuve en aura ete faite duement. Bien entendu que 1'exclufion (lipulee dans le prefent article n j aura lieu qu'autant, et fi long terns que le Roi et Ies Etats Unis n'auront point accorde a cet egard d'exception a quelque na- tion que ce puiile et^e. ARTICLE X. Les Etats Unis, leurs citoiens et hc.bitaus ne troublcrunt jamais Ies fujets du Roi tres Chre- C 390 ] citizens of Moft Chriftian King in the enjoyment and ex- Jhan'not erc *f e f tne right of fiihing on the banks of difturbfub- Newfoundland, nor in the indefinite and ex- iSarce^'n c ^ ul " ive right which belongs to them on that their right part of the coaft of that ifland which is defign- onbSf Q d ky tne tr .eaty f Utrecht, nor in the rights Newfound, relative to all, and each of the ifles which be- land. j on g to j^g jyjofi chriiliaii Majefty, the whole conformable to the true fenfe of the treaties of Utrecht and Paris. ^ARTICLE XL The fubjects and inhabitants of the faid United States, or any one of them, mall not be reputed aubains in France, and confcquent- ly mail be exempted from the droit d^aubalne^ or other fimilar duty under what name foever. They may by teflament, donation, or other- * The iwo' following Articles were originally agreed to, but afterwards refcinded ; to wit : ARTICLE XL // is agreed and concluded that there Jhall never be any duty impofed on the exportation of the mo- hijTes that may be i alien by the fubjccls cf any of the United States^ from the {/lands of America which belong, or may hereafter appertain to his Moft Chriftian Majefty. ARTICLE XII. In compertfation of the exemption Jtipulaicd by the preceding article -, it is agreed and concluded^ that there fljall never be any duties impofed en the exportation of any kind of merchandize which the fubjccls of his Moft Chriftian Majejty may take from the countries (mdpoffejjions.prcfc:ii or future ', of any of the Thirteen United St$tcs, for ihe life of ihe ijlands ^hkhfhailfurnifo moloffes. C 39* ] tien dans la jouiflfance et exercife du droit dc peche fur les banes de Terre neuve, non plus que dans la jounTance indefinie et exclufive qui leur appartient fur la partie des cotes de cette ifle, defignee dans le traite d'Utrecht, ni dans les droits relatifs a toutes et chacune des iiles qui apartiennent a fa Majefie trcs Chretieime ; le tout conforinement au verita- ble fens des traites d'Utrecht et de Paris. * ARTICLE XL L~s fujets et habitans des dits Etats Unis ou de Tun d'eux ne fcront point reputes aubains en France, et confequemment feront exemts du droit d'aubaiiie ou autre droit femblablc quelque nom qu'il puifle avoir ; pourront dif- pofer par teitament, donation, ou autremenc * Les deux articles fui-vans a-vaient ete originaire- ment coivusniiS) mats Us ont ete depuis re-voquh ; f avoir : ARTICLE XL // eft convenu ct arrcte qtffl ne fcra jamah t/xpofJ aucun droit fur i y export at ion des melu'flss qui pourront etre tirces far les fujcts d* aucun des Etats Unis des ijlesd'Ameriijue quiappartiennentou pourront appartenir a fa Majejlc tres Chretlenne. ARTICLE XII. En compenfaiion de I'exemiion Jlipidee par r article precedent ', // eft con-venu et arrete qitii ne fcra jamais impofe aucun droit fur i* export: - tiou d\iucunc eface dc decrees et marchandifes q>ij Ics fujcts dc fa Majejle ires Chretienm ponrront tlrcr (*cs pays ou po[j\[jions acluelks on :s d* aucun des Treize Etats Unis p^irTu c/.7 ijks qui frjurniijlnt Ics ?mla/J : :s. ma [ 392 ] 5 difpofe of their goods, moveable and irii* moveable, in favor of fuch perfons as to them from dr it f] la j| f eem grood, and their heirs, fubiecls of the d aubame . & r . . i -, diip..fc faid united States, rending whether in trance or e ^ ewnere ? ma Y fucceed them ab inteftat, without being obliged to obtain letters of na- turalization, and without having the effect of this conceflion contefted or impeded under pretext of any rights or prerogative of pro- 1 Act of France refcinding the foregoing articles. TRANSLATION. The General Congrefs of the United States of North America, having reprefented to the King that the execution of the eleventh article of the treaty of Amity and Commerce ', ftgned the fixth of February Lift, might fa productive of inconve- niences ; and having therefore deftred thefuppref- fton of tins article ', confenting in return that the - twelfth article Jhall llkewlfe be confidered of no effecJ : His Majefty in order to give a new proof of his affecJicn^ as alfo of his dejire to confolidate the union and good correfpondence eftablijhed be- tween the two States, has been pleafed to confider their reprefentatioiis : His Majefty has consequent- ly declared, and does declare by thefe prefabs, that he confents to the fuppreffion of the eleventh and twelfth aforementioned articles, and that his intention is, that they be confidered as having ne- ver been comprehended ih the treaty figncd the Jixih of February Ia/L Done atVerfailles the f-'fi d?v of the month of September, one thoufand fi-ven hundred and - eight. GRAVIER .DE VERGENNK.-. t 393 1 c leurs biens meiibles et immeubles en faveuf ,de telles perfonnes que bon leur femblera ; et lean hcdtrers, iujets cles (fits Etats Unis, refi- dans foit en France foit ailleurs v pourront leur fucccder db inicjial, fans qli'ils aient befoin d'obtenir dcs lettres de naturalite, et fans quc Peifet de cette concellion leur puiiTe etre con- teile ou euipechc foils pretexte de quelques droits ou prerogatives des provinces villes ou i A^le de h France revoquant les articles pre- cedent ORIGIN A L. Le Con "res General des Etats Unis de rArne- o Hque Septentrionalc ayant reprefente au Rci que I' execution de r article on- 2 du tralie d' Amitie et de Commerce, fign? le fix du viols de Fe-vrier cL'rnier,pcurroit entraincr des inconvcnients aprcs fei 9 et ayant dcftre en confcquznce que cet article demeurdi fupprime ; confentani en cchange que I 9 article douze foit egalsment regards comme non avenu, fa Majcfte, pour dormer atix Etats Unis de r Amerique Septe-ntrionale une nouvelle preuve de fon affection^ alnfi que de fon dcfir de confo- lider r union et la bonne correfpcndance et at) lies mtre les deux Etats , a bien voulu avoir egard a leurs representations ; En confluence fa Majejl? fr declare ef declare par les prefentes , qu'e/Ie con* 'fent a la fupprefjlon dcs articles onze et dotizt fufnentionnesj el qus fon intention eft, quits foieni re-gardes comme if ayant jamah eie compris dans te traite figne le fix Fevrier dernier. FAIT a Verfailks le premier jour du moh de Septembre mil fept cent faxante *t dix hu it. GRAVIES. DE VERCENNE-S. L J) 3 [ 394 3 vmce?-, cities, or private perfons ; and the faid heirs, \vhether fuch by particular title, or ab intcftat) iliall be exempt from all duty called drolt de detralion y or other duty of the fame kind, faving neverthelefs the local rights or duties as much, and as long as fimilar ones Subject of are not eftablifhed by the Imited States, or Krancc any o f them. .The fubiects of the Moil Chrif- nave ami- -. ' T _. n - ., , J . . ,. . v ar privi- tian King inall enjoy on their part in all the % dominions of the faid States, an entire and perfect reciprocity relative to the ftipulations oontamedin the prefent article, but it is at the 1 Acl of the United States refciriding the fore* going articles. 6 R i G i N A L. DECLARATION. ?>bt inoft Chrijllan King having been pleafed io regard ihe' rcprefentatlons made to him by the General Congrsfs of North America, relative 1t the eleventh article of the treaty of commerce >f;gn- cd ihe fixth cf February in the prefent year ; and his majefty having therefore confented that the faid article fhould be fuppreffed., en condition that the twelfth- article cf the fame treaty be equally re- garded as of none cffecl ; the General Gvngrefs* hath declared \ and do declare on their part, that they confent to the fupprcffion of the eleventh and twelfth articles of the above mentioned treaty^ and that their intention^ />, that thefe articles 'be regarded as having never been comprised in the treaty Jigncd the Jtxth of February. In fftitfc &c. B. FRANKLIN, ARTHUR LEE, JOHN ADAMS,- C 395 ] perfonnes privees. Et feront les dits benders foit a titre particulier (bit ab intejiat excmts de tout droit de detraction ou a litre droit de ce genre ; fauf neanmo'ns les droits locaux taut, et fi long terns, qu'i" 1 n'en fera point etabli de pareils par les dits Etats Unis ou auciin d'iceux, Les fujets du Roi tres Chretien jouiront de leur cote dans tous les domaines des dits Etats {Tune entiere et parfaite reciprocite relative- ment aux flipulations renfcrmees dans le pre- fent article. Mais il eft convenu en meme terns que fon contenu ne portera aucune atteinte Acle des Etats Unis revoquant les articles precedens. o R i G i N A L. DE GEAR ATI ON. Le Rci tres Chretien ayant bien vQidu awir tgard aux rcpr-efentations que lui a faiies le Con- gres General de I 9 dmerique Septentrionale^ re- lati-vement a T article onze du traits de commerce? Jigne le f:x Fierier de la preferie annoe ; et fa Majcfte ayant confenii en ccnfequence que le dli article dcmeurdt fupprivie a condition que Particle cloii-ze du nicme traite fui cgalemcnt regarde c ornm non avenu ; le Centres General a declare et de- clare de fon cdte qu'il confent a la fuppre/Jl.on des articles onze ct donze fujmentknncs, et fen in- tention eft, quails fdcnt regardes co.mme n 9 ay ant jamuis cte compris darti le traite foyie le fu$ rier dernier. En foi de quoi, &f. B. FRANKLIN, ARTHUR LEE, JOHN A DAM 9, C 396 3 fame time agreed that its contents fhaU npt agect the laws made, or that may be made: hereafter in 'France againft emigrations which fhall remain in all their force and vigour, and the United States on their part, or any of them, ihali be at liberty to enact fuch laws, relative to that rnat.ter ? as to them mall feeni proper, ARTICLE XII. hipfuf- The merchant fl>ips of either of the parties peeled (hall , . , n , , . . i i exhibit which ihail be mating into a port belonging paffport* to the enemy of the other ally, and concerning and certi- , r J i , r r toes, whole voyage, and the ipecies or goods on board her, there mall be juft grounds of fuf- picion, fhall be obliged to exhibit as well upon the high feas, as in the ports and havens, not only her paffports, but likewife certificates, ex- prefsly dewing that her goods are not of the number of thofe which have been prohi- |}ited as contraband. ARTICLE XIII. If by the exhibiting of the abovefaid certifi- Hovi'to-r- cates ? d lc ther party di (cover there are any i-ccd in cafe of thofe forts ol goods which are prohibited ot coatra- j declared contraband, and configned for a band gooc s . IT r i port under the obedience or his enemies, it fhall not be lawful to break up the hatches of fuch fhip, or to open any cheit, colters, packs, cafKs, or any other veflels found there* in, or to remove the fmalleft parcels of her goods, whether fuch fhip belongs to the fub- ; ,ecl3 of France, or the' inhabitants of the faid United States, unlefs the lading be brought on {here in the prefence of the officers of the court of admiralty, and an inventory thereof made ; but there mail be no allowance to fell, exchange or alienate the fame, in any manner, until after that due and lawful procefs fhall C 397 3 (lux loix promulg-uees en France centre le* Emigrations, ou qui pourront etrepromulguees clans la fuire, les quelles demeurcront d?.u* toute leur force ec vigueur. Les Etats Unis de leur cote ou aucun d'entr' eux, feront iibr.es de flatuer fur cette matiere telle loi qu'ils jugeroat apropos. ARTICLE XII. Les navir.s marchaads des deux parties feront deflines pour des ports appartenants a, une puiffance enneinie de fautre allie tt doat le roiage ou la nature des marchandifes dont iis feront charges donneroit de juries foup9on3, feront tenus d'exhiber foit en haute mer, foit dans les ports et havres, non feuleinent leurs paffeports mais encore les certificats qui con- flateront expreflement que leur chargement n'eft pas de la qualite de ceux qui font prohibes omme contrebande. ARTICLE XIII. Si 1'exhibition des dits certificats conduit a decouvrir que le navire porte des marchandi- fes prohibees et reputees contrebande, con- fignces pour un port ennemi, il ne fera pas. permis de brifcr les ecoutilles des dits aavires, ni d'ouvrir aucuae caiiTe, coffre, malle, bal- }ots, tpnneaux et autrcs caifles qui s'y trou- veront, ou d'en deplacer et detourner la mo- indre partie des marchandifcs foit que le na- vire appartienne aux fujets du Roi tres Chre- tien ou aux habitaas des Etats Unis, jufqu' i ce que la cargaifoa ait cte mife a terre en prc- fence des oflkiers des cours d'amiraute, et que 1'iaveataire en ait etc fait ; mais on ne peraieitra pas de vendre, echanger ou alieaer les aavires ou leur cargaifon en maniere quel- conque, avant que ie proces ait etc fait et parr C 398 ] have been had againft fuch prohibited goods, and the court of admiralty mall by a fentence ^renounced have confifcated the fame : faving always as well the (hip itfelf as any other goods found therein, which by this treaty are to be efteemed free, neither may they be detained on pretence of their being as it were infected by the prohibited goods, much lefs fhall they be confifcated, as lawful prize : but if not the whole cargo, but only part thereof ftiall con. fid of prohibited or contraband goods, and the commander of the fhip fhall be ready and willing to deliver them to the captor, who has rlifcovered them, in fuch cafe, the captor hav- ing received thofe goods, fhall forthwith dif- charge the fhip, and not hinder her by any means, freely to profecute the voyage on which flie was bound. But in cafe the contra- band' merchandizes cannot be all received on board the veflel of the captor, then the captor may, notwith (landing the offer of delivering him the contraband goods, carry the veflel into the neareft port agreeable to what is above directed, ARTICLE XIV. On the contrary it is agreed, that whatever f na11 *? e found tO be laden b y the fab j e & s an(l enemy's inhabitants of either party on any fhip belong T coufif- * n S to tne enemies of the other, or to their fub- un- jects, the whole although it be not of the fort *" P r hibited goods, may be confifcated in the fore Heds- fame manner as if it belonged to the enemy, except fuch goods and merchandizes as were o put on board fuch (bio before the declaration of war, or even after fuch declaration, if fo be it were clone without knowledge of fuch declaration, fo that the, goods of the fuhje% wa [ 399 ] fait legalemertt pour declarer la r et que les cours d'amiraute auront prononce" kur coniifcation par jugement, fans prejudice neanmcins des navires, ainfi que des marchan- difes qui en vertu du traite doivent ctre eenfees libres. 11 ne fera pas permis de retenir ces marchandifes fous pretexte qu'elles out etc entachees par les marchandifes de contrebancie et bien inoins encore de les confifquer comme des prifes legales. Dans le cas oil une partie feulement et non la totalite du charg.ement confifteroit en marchandifes de contrebande, et que le commandant du vaifleau confente a les delivrer au corfaire qui les aura decouvertes,. alors le capitaine qui aura fait la prife, apres avoir recu ces marchandifes, doit incontinent relacher le navire et ne doit Tempecher en aucune maniere de continuer fon voyage. Mais dans le cas ou les marchandifes de contrebande ne pourroient pas efre toiites chargees fur le vaifleau capteur, alors le capitaine da dit vaif- feau fera le maitre, malgrc Toffre de remettre la contrebande, de conduire le patron dans le plus prochain port, conformement a ce qui eft prefcrit plus haut. ARTICLE XIV. On efl convenu an contraire que tout ce qui fe trouvera charge par les fujets refpeclifs* fur des navires appartenants aux ennemis do 1'autre partie ou a leurs fujets fera confifquc fans diftindion des marchandifes prohibees ou non prohibees, ainfi et de nierae que fi elles appartenoient a I'ennerni, a Pexception toutc fois, des effets et marchandifes qui auront ete mis a bord des dits navires avant la declaration- de guerre, ou n^eme apres la dite declaration, fi au moment du chaigement on a pu 1'igno- rer, de maniere que les marchandifes des fujets t people of either party, whether they be of the nature of fuch as are prohibited or other- wife, which as is aforefaid, were put en board any ftiip belonging to an enemy before the war or after the declaration of the fame, without the knowledge of it, fhall no ways be liable to eonfifcation, but (hall well and truely be reflo- red without delay to the proprietors demand- ing the fame ; but fo as that if the fa-id mer- chandizes be contraband it fhall not be any ways lawful to carry them afterwards to any ports belonging to the enemy. The two con- tracting parties agree, that the term of two months being palled after the declaration of war, their refueclive fubjecls, from whatever part of the world they come, mail not plead the ignorance mentioned in this article* ARTICLE XV, And that more effectual care may be taken &>r the fecurity of the fubje&s and inhabitants privateers o f both parties, that they fuffer no injury by to do no in- i_ r r i i jury to d- tn e men 01 war or privateers or the other party, f th part>> a ^ t ^ le coniman< ^ ers f tne foips of his Molt toVe C pu- 0> Chriilian Majefly and of the faid United States, flithed and anc i a }[ t h e ir fubiects and inhabitants, (hall be make repa- r ^ i i " i i i ration to lorbid doing any injury or damage to the other ^ e > anc ^ ^ t ^ e '^ a ^ to r ^ e contrar y ^ le y ma ^ be punimed, and (hall moreover be bound to make fatisfaclion for all matter of damage,, and the intereft thereof, by reparation, under the pain and obligation of their perfon and goods, ARTICLE XVI. All mips and merchandizes of what nature- foever, v/hich fhall be refcued out of th'e- hands > of aziy pirates or robbers on the high feas, (hall- C 401 ] des deux parties, foit qu'elles fe trouvent d& nombre de celles de contrebande ou autre- ment, les quelles comme il vient d'etre dit, auront ete mifes a bord d'un vaiffeau apparte- nant a Tennemi, avant la guerre ou meme apres la dite declaration, 1'orfqu'on Pignoroit, ne feront en aucune maniere, fujetes a confifca- tion, mais feront fidelement et de bonne fof rendues fans delai a leurs proprietaires, qui les reclameront; bien entendu neanmoins qu'il ne foit pas permis de porter dans les ports ennemis les marchandifes qui feront de contre- bande. Les deux parties contractantes con- viennent que le terme de deux mois, paries de- puis la declaration de guerre, leurs fujets re- fpedtifs, de quelque partie du monde qu'ils vieiment ne pourront pins alieguer rignorance dont il eft queflion dans le prefent article. ARTICLE XV. Et afin de pourvoir plus efficacement a la fur ete dcs fujets des deux parties contra&antes, pour qu'il ne leur foit fait aucun prejudice par les vaiifeaux de guerre de Tautrc partie ou par des armateurs particuliers, il fera fait defenfe a tous capitaines des vaiffeaux de fa Majefte tres Chretienne et des dits Etats Unis, et a tous leurs fujets de faire aucun dommage ou infultc a ceux de 1'autre partie, et au cas ou ils y contreviendroient, ils en feront punis ; et, de plus, ils feront tenus et obliges en leurs per- fonnes et en leurs biens de reparer tous le? dommages et interets. ARTICLE XVI. Tous vaiffeaux et marchandifes de quelque nature que ce puiffe etre, lors qu'ils auront ete erileves des maius de quelques pirates en pleine VOL. I, 3 [. 402. ] AH fhip s & be brought intofome port of either ft ate, and merchan- fhall be delivered to the cuflody of the officers ed Z out e of U " of that port, in order to be reftored entire to the hands the true proprietor, as foon as due and fuffici- o bTrefio- ent proof fhall be made concerning the pro- ved, perty thereof. ARTICLE XVII. It fhall be lawful for the fhips of war of ei- P ar ty? andiprivatecrs, freely to carry whi- intothe therfoever they pleafe, the (Lips 'and goods ta- thcrpafty" ^ en f rom tnei * r enemies, without being obliged to pay any duty to the officers of the admiralty or any other judges ; nor fhall fuch prizes be arrefted or feized when they come to and en- ter the ports of either party; nor fhall the fearchers or other officers of thofe places fearch the fame, or make examination concern- ing the lawfulnefs of fuch prizes ; but they may hoift fail at any time, and depart and car- ry their prizes to the places exprefTed in their commiilions, which the commanders of fuch Nofheiter ^P s f war ^ a ^ De obliged to fhew : on the fliaii be contrary, no fhelter or refuge mail be given ?l v< toM of e ^ n t ^ ie ^ r P orts to ^ uc ^ as ^ a ^ ^ avc mac ^ e P r ' lzc prizes from of the fubjecls, people or property of either either par- Q f ^ e ponies ; but if fuch mail come in, being- forced by flrefs of weather, or the danger of the fea, all proper means mall be vigoroufly ufed, that they Q;O out and retire from thence r .nn i as loon as pofiible. ARTICLE XVIII. ia care of If any fliip belonging to either of the par- STob'e ties ' tl]eir P e P Ie or fubjecls, lhall within the afforded, coafls or dominions of the other, flick upon the Hinds, or be wrecked, or fuffer any other damage, all friendly aiiiflance and relief mall be given to the perfons fmpwrecked, or fuch as C 403 ] mer, feront amenes dans quelque port de Pun des deux Etats, et feront remis a la garde des officiers du dit port afin d'etre rendus, en en- tier, a leur veritable proprietaire, auflitot qu'ii aura duement et fuffifament fait confter de fa propriete. ARTICLE XVII. Les vaifleaux de guerre w ^k tne * r m WJ n g> whether public and roads? countries, ifiands, cities or places, of the United- States of America, or ihaii have an y o them, no other nor greater duties or thefamepn- . J ? . Tiicfcs in impoiis, of whatever nature or denomination Sat D as d ^ ie y ma y k 9 t ^ lan thofe which the nations the the moft mod favoured, are or mail be obliged to pay , favored ua- an ^ ^^ ma jj en j ov a jj t j le r jg] lts? liberties, pri- vileges, immunities, and exemptions in trade, navigation and commerce, which the faid na- tions do or mail enjoy, whether in paffing from one port to another, in the faid Hates, or in going from any of thofe ports to any fo- reign port of the world, or from any foreign port of the world to any of thofe ports. ARTICLE III. citizens of "j^g fubjecls and inhabitants of the faid states, {hail United States of America, fhall pay in the \ c . ports, havens, roads, countries, iflands, cities places of the faid United Netherlands, or United NO anv o f them, no other nor greater duties or thedancis ~ , . as the moft imports or whatever nature or denomination they may be, than thofe which the nations Tne mod favoured, are or (hall be obliged to pay : And they fhall enjoy all the rights, li- berties, privileges, immunities and exemptions in trade, navigation and commerce, which the faid nations do or fhall enjoy, whether in paf- fing from one port to another in the faid dates, or from any one towards any one of thcfe ports, from or to any foreign port of the world. And the United States of America, with their fubjecls and inhabitants, fhall leave to ,thofe of their High MightineiTes, the peaceable en- joyment of their rights, in. the countries. iavorcd na- tion. [ 425 3 Je havens, rheeden, landen, eilanden, fteden of plaatzen van de Vereenigde Statcn van America, of eenige van dezelve, geen andere of grootere regten of impofitien van wat na- tuur, die ook mogen zyn, of hoedanig dezelve ook gfnoemt mogen werden^ betaalen, dan die welke de meeit gefavoriieerde natien, zyn of zullen worden verpligt aldaar te betaalen. En zy zullen ge'nieten alle de regten, vryhee- den, privilegien, immuriitdten en exemptien. in handeL navigatie en commercie, het zy in het gaan van eene haven in de gemelde Staaten na eene andere, of gaande van eenige van deeze havens na eenige vreemde haven van de wereld, of van eenige vreemde haven van de wereld, tia eenige van deeze havens, welke de gemelde natien reeds genieten of zullen genieten. ARTICLE III. Infgelyks zullen de onderdanen en ingezee- tenen van de gemelde Vereenigde Staten van America, in de havens, rheeden, landen, eilan- den, fleeden of plaatfen van de gemelde Veree- nigde Nederlanden of eenige van dezelve, geen andere of grootere regtert of impofitien, van wat natuur, die ook mogen zyn of hoeda- nig dezelve ook genoemt mogen worden, be- talen, dan die, wclke de meell gefavorifeerde natien, zyn of zullen worden verpligt aldaar te betalen. En zy zullen genieten alle de regten, vryheedeh, privilegien, immuniteiten, en exemptien in handel, navigatie en com- mercie, het zy in het gaan van eene haven in de gemelde Staaten na eene andere, of gaande na en van dezelve, van en na eenige vreemde haven van de wereld, welke de meed gefavo- fifeerde natien reeds genieten of fallen geni- eten. En zullen de Vereenigde Staten van' America, benevens haare onderdanen en in* VOL. I. H 3 [ 425 ] and fta^ in the Eafl and Weft^fofi'er, without any hindrance or moleilation. ARTICXE IV. There Ihall be an entire and perfect liberty i iheny of ^f ccnfcicKce allow&l to the fur iecls and inha- confcicncc, T r i i i r ! &c, fecur- bitants or each party, and to their families, cdtothc and no one (hall be inolefted in regard to his each* party worfhip, provided he fubmits as to the public ther' 6 th C ^ emon ft r ation f it, to the laws of the country : minions?" There (hall be given moreover, liberty, when any fubjects or inhabitants of either party mail die in the territory of the other, to bury them in the ufual burying places, or in decent and convenient grounds to be appointed for that purpofe, as ccafion fhall require ; and the dead bodies of thofe who are buried, (hall not in any wife be moleded. And the two con- tracting parties fhall provide, each one in his jurifdidion, that their refpe&ive fubjects and inhabitants may henceforward obtain the re- quifite certificates in cafes of deaths, in whick ihey fhall be interefled. ARTICLE V. Both par- Their High Mightineffes, the States S'veJds ra * f tne United Netherlands, and the Uni- o? the o- ted States of America, fhall endeavour, by all therm their ^ Q means in their power, to defend and pro- dominions, ^ r * to rt-ftare tecl all veflels and other effects, belonging to caTu^d, en tne ^ r Objects and inhabitants refpe&ively, or and to con- to any of them, in their ports, roads, havens, vovmcer- ntema | feasjpf.ues, rivers, and as far as their. L 427 j i ., aan die van Haar Koog Mogemle ):tten het ger-uit genot van haare regten, om- trent de landen, eilanden en zeeen, in Ooft en Wefl-Indien, fonder haar daar in eenig belet of hindernis ts doen. ARTICLE IV. Er zal eene voile, volkomene en geheele vv) heid van confcientie worden tocgeftaen aan .de rnderdancn en ingezeetenen van iedere parthy, en aan dcrzelver familicn, en zal nio mand tcr zake van den Godtfdienft worden gemotefteert, mlts hem omtrent publiqiie dc- fnonitratic ondc-rwerpende a?.n de wetten van htt land. Daar en boven zal vryheyd \vorden gegevcn aan de onderdanen en ingezeetenen van iedere parthy e, die in des anderen's' ter- ritcir overlyden, om begraven te worden in de gewoonc begraafplaatzcn of gevoeglykc en clecente plaatzen, daar toe te-bepaalen, zoo als de geleegenheid zal vereyffchen, nogie zullen de doode lighaamen van die geene, die begra- \ _n zyn eenigfmts worden gemolelteert. En zullen debeidecontracleerendemogendheeden, ieder onder hun gebied, de nodige voorfieninge doen, ten eynde de refpedLvc onderdanen en ingezeetenen van behoorlyke be\vyzen van fterfgevallen, waar by dezelve zyn gemteref- feert voortaan zullen kurmen worden gedient. ARTICLE V. Haar Hoog Mogende, de Staten Generaal der Vereenigde Nederlanden en de Vereenigde Staten van America, zullen tragten zoo veel eenigzints in haar vermogen is, te befchermen en defendeeren alle fcheepen en andere effeften toebehoorende aan wederzyclfche onderdanen jen ingezeetenen, of eenige van dezelve, zyn- de IB haare havens of rhee'n, binnenlandfche jurifdiction extends at fea, and to recover, and caufe to be reftored to the true proprietors, their agents or attornies, all fuch veifels and effects, which fnall be taken under their ju- rifdiction : And their veifels of war and con- voys, in cafes when they may have a common enemy, mail take under their protection all the verlels belonging to the fubjects and inhabi- tants of either party, which mall not be laden with contraband goods, according to the de- fcription which mail be made of them hereaf- ter, for places, with which one of the parties is in peace and the other at war, nor deftined for any place blocked, and which (hall hol$ the fame courie or follow the fame route , and they mall defend fuch veflels as long as they fliall hold the fame courfe or follow the fame route, againit all attacks, force and violence of the common enemy, in the fame manner as they ought to protect and defend the vef- 1't'ls belonging to their own refpective fabje&s. ARTICLE VI. The fubjecls of the contracting parties may, on one fide and on the other, in the refpective of countries and ftates, difpofe of their effects', 7 teftamerit, donation, or otherwife j and their of cftate by heirs, fubjects of one of the parties, and refid- ^ n S ^ n ^ ne countr y of the other, or elfewhere, iliall receive fuch fucceflions, even ab inteftafo^ whether in perfon or by their attorney or fub- ftitute, even although they mall not have ob- tained letters of naturalization, without hav- ing the effect of fuch commiilion contefted, under pretext of any rights or prerogatives of any province, city, or private perfon j and if [ 4*9 ] zeeen, ftroomen, rivieren, en zoo verre haare jurifdictie zeewaards ftrekt, en wederom te be- komen, ente doen reilitueeren aan de regte eigenaers, hunne agenren of gevolmagtigden, nlle zodanige fcheepen, en effecten die, onder haare jurifdictie, zullen geriomen word en : en haare convoyeerende oorlog fcheepen zullen, voor zoo verxe zy eenen gemeenen vyand mo- gen hebben, onder haare protectie nee men alle fcheepen toebehoorende aan elkanders on- derdanen en ingezetenen, dewelke gecne ccn- trabande goederen, volgens de befchryving, hier na daar van te doen, zullen hebben in- gelaaden naar plaatxen, waar meede de eene parthy in vreede, en de andere in oorlog is, en na geen geblocqueerde plaats gedeftineert zyn, en zullen houden dezelve cours, of gaan dezelve weg, en zullen zodanige fcheepen de- fendeeren, zoo lang als zy dezelve cours hou- den, of defelve weg gaan, teegens alle aanval- len, magt en geweld van den gemeenen vyand op dezelve wys als zy zouden moeten befchcv- nien en defendeeren de fcheepen toebehooren- de aan weederfyds eigen onderdaanen. ARTICLE VI. De onderdanen der contrafteerende par- thy en, zullen over en weeder in weeclerfydlche landen en flaten van hunne goederen by tefta- menten donatien, of anderfmts mogcn difpo- neeren ; en hunne erfgenainen, zynde onder- danen van een der parthyen in de landen van- de andere, of \vel elders woonagtig, zullen dezelve nalatenfchapen ontfangen, -elfs ab in- teftato 9 het zy inperibon, het zy by him pro- cureur of gemagtigde, fchoon zy geen brieven van naturalifatie zouden mogen hebben geob- tineert, zonder dat het effeft van die commiffie, jiun zal kuniieu worden betwift, onder prse- [ 43 ] the heirs, to \vhom fuch fucccillons may Have fallen, fhall be minors, the tutors or curators, Regulations eftabli filed by the judge domiciliary of the faid ^ors, may govern, direcl, adminifter, fell and alienate the eft-eels fallen to the faid mi- nors by inheritance, and in general, in rela- tion to the faid fucccifrons and effects, ufe all the rights, and fulfil all the functions which belong, by the difpofirion of the laws, to guar- tHans, tutors and curators : Provided never- thelefs, that this difpofmon cannot take place, but in cafes where the teilator mail not have named guardians, tutors, curators, by tefta- inent, codicil, or other legal inftrumeat. ARTICLE VII. each party It mall be lawful and free for the fubjech of each party, to employ fuch advocates, at- tornics, notaries, folicitors, or factors, as they ^ a War lowed to ci- break out, between their High Mightinefles fidh?" ;n e " the States General of the United Netherlands, the other's and the United States of America, there fhall alwa Y s be granted to the fubjeds on each fide, the term of nine months after the date of the . ru p ture? or t he proclamation of war, to the end that they may retire, with their efFecls, and tranfport them where they pleafe, which it mall be lawful for them to do, as well as to fell or tranfport their effecls and goods, in all freedom and without any hindrance, and with- out being able to proceed., during the faid term of nine months, to any arreit of their ef- fects, much lefs of their perfons ; on the c - trary, there fhall be given them, for their vei- fels and their effects, which they would carry away, paiTports and fafe conduces for the near- ' .eft ports of their reipective countries, and for the time neceffary for, the voyage. And no prize made at fea, mall be adjudged lawful, at leaft, if the declaration of war was not or could not be known, in the laft port, which the vef- fel taken, has quitted, but for whatever may have been taken from the fubjecls and inha- J}itants of either party, and for the offences which may have been givea them, in the in. r 445 ] houd van haare perfoonen of reparatie van hunne fcheepen, en zy zullen op geenerley wys worden opgehouden, of verhindert uit de gemelde havens of rheeden te vertrekken, maar mogen verzylen en gaan wanneer en waar het nun behaagt, zonder eenig beiet of verhindering. ARTICLE XVIII. Tot des te beeter voortzetting der weeder- fydfche cominercie, is over eengekomen, dat indien een oorlog mogt komen ts ontdaan, tufichen haar Hoog Mogend e de Staten Gene- raal der Vereenigde Nederlanden, en de Ve- reenigde Staten uan America, altyd aan de onderdanen van de een of andere zyde zal worden gegeeven den tyd van neegen maan- den, na dato van de rupture of proclamatie van oorlog, om haar te mogen retireeren met haare effecten, endezelve te vervoeren, \vaar het haar believen zal, het \velk haar geoor- loft zal zyn te mogen doen ; als meede te rno- gen verkoopen of tranfporteeren haare goe- .deren en meubiiien in alle vryheid ; fonder dat men haar daarin eenig beiet zal- doen ; ook zonder geduurende de tyd van de voorfchreeve neegen maanden te mogen" procedeeren tot eenig arreft van haare perfoonen, maar zullen inteegendeel voor haare fcheepen, en effecten, die zy zullen willen meedevoeren worden ge- geeven pafporten van vry geleide tot de naefie havenen in elkanders Land en voor den tyd, tot de reizen nodig. Ook zullen geen pryicii op zee genomen voor wettig gcnomen gehou- den mogen worden, ten minften indien de oorlogs-declaratie, niet bekent was geweeft of had kunnen zyn in de haven, die het geenoome fchip het laaft heeft verlaten, maar zal voor al, set geen aan de onderdaneneu mgezetenenen [ 446 ] terval of the faid terms, a complete fatisfadioa mall be given them. Citizens of neither par- ty thai 1 take commif- fions or let- ters of marque f mm a prince or hate with whom the o?her is at uar. ARTICLE XIX. No fubjeft of their High MightinefTes the States General of the United Netherlands, mail apply for or take any commimon or letters of marque, for arming any (hip or (hips to aft as privateers againft the faid United States of America, or any of them, or the fubjecls and inhabitants of the faid United States or any of them, or againft the property of the inhabitants of any of them, from any prince or (late with which the faid United States of America may happen to be at war ; nor mail any fubjecl or inhabitant of the faid United States of America, or any of them, apply for or take any commif- fion or letters of marque for arming any mip or mips to act as privateers againit the High and Mighty Lords the States General of the United Netherlands, or againft the fubje&s of their High MightineiTes, or any of them, or againft the property of any one of them, from imy prince or ft ate with which their High Mightinefles may be at warj: And if any perlbn of either nation mail take fuch commhTion or letters of marque, he mall be punifiied as a pirate. ARTICLE XX, If the veifels of the fubjecls or inhabitants of one of the parties come upon any coaft be- longing to either of the faid allies, -but not C 447 ] tan \veederfyd en binnen de voorfchreeve ter*- mynen, ontnomen mogt zyn, en de beleedigin- gen, die hun aangedaan zouden mogen zyn, volkoomen fatisfaclie gegeeven worden. ARTICLE XIX. Geen onclerdaan van haar Hoog Mogende de Staten Generaal der Vereenigde Nederlan- den, zullen mogen verfoeken of aanneemen eenige commiffien, of lettres de marque tot het wapenen van eenig fchip, of fcheepen, ten einde als kapers te ageeren teegens de gemelde Vereeiiigde Staten van America of eenige der zelve, of teegens deonderdanen of ingezeete- nen der gemelde Vereenigde Staten, of eenige der zelve, van eenige prins of ilaat, met witn, de voorfchreeve Vereenigde Staten van Ame- rica in oorlog mogten zyn ; nochto zal eenige onderdaen of ingezeeten van demelde Verc-L - nigde ftaten van America, of eenige derfelve, eenige commiilie off lettres de marque verfoe- ken of aanneemen, tot het wapenen van eenig fchip of fcheepen, om ter kaap te vaaren teq- gens de Hoog Mogende Heeren Staten Gene- raal der Vereenigde Nederlanden, of tegens de onderdanen of ingezeetenen van gemelde Haar Hoog Mogende, of eenige van defelve, of den eigendoin van eenige derzelve, van eenige Prins of Staat, met wien haar Hoog Mogende in oorlog zullen zyn ; en indien eenig perfoon van een van beide natien zoda- nige commiffie of lettres de marque zal aan- neemen zal defelve als een zeerover wordea geftraft. ARTICLE XX. De fcheepen der onderdanen of ingezeete- nen van een van beide de par thy en, komencie aan eenige kuft, toebehoorende aan de : ecu of C 448 ] how to be willing to enter into port, or being entered eii- * nto P ort anc " not wiling to unload their car- the goes or break bulk, or take in any cargo, they ihall not be obliged to pay, neither for the veffels nor the cargoes, any duties of entry in or out, or to render any account of their cargoes, at lead if there is not juft caufe to prefume that they carry to an enemy merchandizes of con-. traband. ARTICLE XXL The two contracting parties grant to each other mutually, the liberty of having each in the ports of the other, confuls, vice-confuls, agents an( j commiflaries of their own appointing, n "r. <^ nui i i i . of each na- whofe functions mall be regulated by particu- lar agreement, whenever either party chufes, to make fuch appointments. eonfuls, &c. to he allowed in the ports cian ARTICLE XXII. This treaty ihall not be underftood in any This treaty man ner to derogate from the ninth, tenth. not t dc. . , r -i i c T_ rogatcfrom nineteenth and twenty-fourth articles ot the France W " h treat Y w ^^ ^ rance ? as tne Y were numbered in the fame treaty, concluded the fixth of Febru- ary 1778, and which make the articles ninth, tenth, feventeeth and twenty-fecond of the treaty of commerce now fubfifting between the United States of America, and the crown of France : nor mail it hinder his Catholic Ma- jelly from acceding to that treaty, and enjoy- ing the advantages of the faidfour articles. ARTICLE XXIII. If at any time the United States of America dial 1 judge neceiTary to commence negociations t 449 ] andere der gemelde bondgenooten, doch ni-e voornceinens zynde in een haven binnen te loopen, of binnen geloopen zynde, en nietbe- geerende hunne ladingen te lofTen, of lail te brecken, of by te laden, zullen niet gehouden zyri voor haare fcheepen of laadingen eenige mkomende, of uitgaende regten te betalen nog eenige reekenfchap van haare ladingen te gee- ven, ten minflen indien er geen wettig vermo- eden is, dat zy aari een vyand toevoeren koop- manfchappen van contrabande; ARTICLE XXL De twee contrafteerende parthyen vergun- Tien over en weeder aanelkanderendevryheid, om ieder in de havens van den anderen, con- fuls, vice-confuls, agenten en commiflfariflen van hunne eigen aanltelling te hebben, welkers funclien gereguleert zullen worden by parti- culiere overeenkomft, wanneer ooit eene der beide parthyen goedvind zodanige aanflelling te doen. ARTICLE XXII. Dit traclaat zal in geenerhande opfigten ver- ftaan worden te derogeereh aan de 9, 10, 19 en 24 articulen^ van het traclaat met Vrank- ryk. foo als die genummert zyn gev/eeft in het zelve tracl:aat den 6 February, 1778, ge- ftooten, zynde de 9, 10, 17 en 22 articulea van het traclaat van commercie, foo als het nu in kragt is, tuffchen de Vereenigde Staten van. America eri de kroon van Vrankryk : en zal meede niet beletten, dat fyne Catholicque Ma- ] elicit aan t'ielve zoude accedeeren, en van het beneficie der gemelde vier articulen jouif- feerem ARTICLE XXIIL By aldien de Vereenigde Staten van Ame- rica, t'eeniger tyd nodig mogten vinden, om I. I- 3 [ 45* 3 with the King or Emperor of Morocco and Fez, and with the Regencies of Algiers, Tu- i'nitcd Ne- nis or Tripoli, or with any of them, to obtain toaidtheU P a ^p orts f r tne Security of their navigation in states in the Mediterranean fea, their High Mightineflcs freatiei? promife that upon the requifition which the the United States of America (hall make of it, r ^ e 7 v ' T iN fccond fuch negochuions in the mod favourable manner, by means of their confuls, reliding nj^r the faid King, Emperor and Re- gencies. ARTICLE XXIV. what seeds The liberty of navigation and commerce kerned ^ ia ^ extend to all forts of merchandizes, ex- contraband, cepting only thofe which are diftinguifhed un- der the name of contraband, or merchandizes prohibited : and under this denomination of contraband arid merchandizes prohibited, mall be comprehended only war-like (lores and arms, as mortars, artillery, with their artifices and appurtenances, fufils, piilols, bombs, gre- nades, gun-powder, faltpetre, fulphur, match, bullets and balls, pikes, fabres, lances, hal- berts, cafques, cuiraffes, and other forts of arms ; as alfo foldiers, horfes, faddles, and furniture for horfes ; all other effects and merchandizes, not beforg fpecified exprefsly, and even all forts of naval matters, however proper they may be for the conflruction and equipment of veiTels of war, or for the manu- facture of one or another fort of machines of war by land or fea, mail not be judged contra- band, neither by the letter, nor according to any pretended interpretation whatever, ought they, or can they be comprehended under the notion of directs prohibited or contraband. So that all effects and merchandizes, which are [ 45' ] by ande of verbodene goederen : en ondcr dec/;e benoeming van eontrabande of verbodene gc-: 1 - dcren, zullen alleen begreepen zynde oorlogs ammunitien, of wapenen, als mortieren, ge- ichut met zyne vuurwerken, en het geen daar toebehoort ; geweeren, piiloolen, bomben, granaden, bulpulver, falpeeter, zwavel, Ion- ten, koogels, pieken, zwaarden, lancien, hel- baarden, cafquetten, cuiraflen, en diergelyk foort van wapentuig, ook foldaten, paarden, zadels, en toer lifting van paarden. Alle an- dere goederen en koopmanfchappen, hier bo- ven niet uitdrukkelyk gefpeciiiceert, jaa felfs alle foorten van fcheepfmaterialen, hoe zeer dezelve v ook zouden mogen zyn gefchikt, f-qt het bouwen of equipeeren van oorlogfcheepne, of tot het maken van het een of ander oor- logftuig, te v/ater of te lande, zullen mits dien nog volgens den letter, nog volgcns eenige voor te wencle interpretatie van de- hoe ook genaamt onder verboodene of C 452 3 not exprefsly before named, may, without any exception, and in perfect liberty, be tranfpor- ted by the fubjecls and inhabitants of both al- lies, from and to places belonging to the ene- my ; excepting only the places which at the fame time ihall be befiegecl, blocked or invef- ted ; and thofe places only ihall be held for fuch, which are fur rounded nearly by foine of the belligerent powers. ARTICLE XXV, Regulations To the end that all diifention and quarrel reflecting ma y ^ Q avo iJ e j an j prevented, it has been paiipoi'ts. i i " T PI agreed, that in cafe that one of the two parties happens to be at war, the vefTels belonging to the fubjecls or inhabitants of the other ally^ {hall be provided with fea-letters or parTports^ expreffmg the name, the property and the bur- then of the veflel, as alfo the name and the place of abode of the matter, or commander, of the fuid veffel, to the end, that thereby it may appear, that the veffel really and truly belongs to fubjccls or inhabitants of OB of the parties ; which paffports (hall be drawn and diftributed, according to the form annexed to this treaty, each time that the vefTel mail return, (he mould have fuch her paflport re- newed, or at leafl, they ought not to be of more ancient date than two years, before the veflel has been returned to her own country. c 443 : fontrabande goederen, bcgreepen kunnen of mogjii worden : zoo dat alle dezelve goede- rcu, waaren en koopmanfchappen, hier bo- Yen niet uit drukkelyk genoemt, fonder eenig onderfcheid zulien mogen worden getranfpor- teert en vervocrt in alie vryheid, door de on- derdaaen en ingezectenen van beicie bondge- nootcn, van en na plaatfen, aan. den vyan4 toebehoorende, z x:.i iige Ileeden of plaatieii alleen uitgefonderc, welke op die tyt belee- gert, gebloccjueert of geinveileert zyn, waar voor aileenlyk worden gehouden de zu]ke, die door een der oorlogvoerende mogendheedeu van na by ingeflooten worden gehouden. ARTICLE XXV. Ten einde alle diifentie en twift mag wer- ien vennyd en voorgekomen, is over een ge^ komea, dat ingeval een van beide de parthyen in oorlog mogt komen te geraken, de fcheepei* en vaartuigen, toebehoorenrle ^an de onder- danen of ingezeetenen van de andere geal- lisjrdc, met zee-brieven of pafporten, moeten werJen voorften, expreifeerende den naani, eigsndom en de groote van het fchip of vaar- tuig, als mecde den naam, plaats, of woninge van den fchipper of bevelhebber van het g;e- melde fchip of vaartuig, ten einde daar by mag biyken, dat het fchip reeel en in waar- heid aan de onderdanen of ingezeetenen van eene dcr parthyen toebehoord, welk pafport zal worden opgemaakt en uitgegeeven, vot gens het fbrmulier, agter dit tradaat gevoegtt Defelve zulien ieder reize, dat het fchip thuys is geweeft op nieuw verleent moeten zyn, of ten minften niet ouder mogen zyn, als twee jaar, voorde tyd, dat het fchip Laa^l is thuysi geweeft. 454 ] It has been alfo agreed, that fuch veffeL., being loaded, ought to be provided not only with the faid paffports or lea-letters, but alfo with a general paffport, or with particular paff- ports or manifefts, or other public documents, which are ordinarily given to veffels out- ward bound in the ports from whence the vef- fels have fet fail in the lad place, containing a fpecification of the cargo, of the place from whence the veffel departed, and of that of her eleflination ; or, inflead of all theft;, with cer- tificates from the magiftrates or governors of cities, places and colonies, from whence the veffel came, given in the ufual form, to the end that it may be known, whether there are any effects prohibited or contraband, on board the vefleli, and whether they are deftined to be carried to an enemy's country or not ; and in cafe any one judges proper to exprefs in the faid documents, the perfons to whom the effects on board belong, he may do it freely, without, however, being bound to do it ; and the omiflion of fuch expreflion cannot and[ ought not to caufe a confutation. ARTICLE XXVI, How {hips If the veffels of the faid fubjecte or inhabit and to*br l9 tants f eu; her f the parties, failing along the treated, coafts or en the high feas, are met by a veffel f war ' or P r ^ vateer 5 or other armed veffel of the other party, the faid veffels of war, priva- teerSj or arme d veffels, for avoiding ail difor- der, mail remain without the reach of cannon, but may fend their boats on board the mer- chant veffel, which they (hall meet in this manner, upon which they may not pafs more C 455 1 Met is infgelyks vaftgeftelt, dat zodani^e fcheepen of yaartuigen golaaden zynde, moe- ten weezen voorfien, nit alleen met pafporten of zeebrieven. bovengemeld ; maar ook met een generaal pafport of particuliere pafporten, of manifeilen. of andere publicque documen- ten, die in de havenen, van waar de fcheepen laafl gekomen zyn, gewopnlyk gegeeven \vor- den aan de uitgaeride fcheepen, inhoudendc een fpeciiicatie van de lading de plaats van waar het fchip gezeild is, en waar heenen het gedcftineert is, of by gebreeke van alle defelve met certificaten van de magiftraten of gouver- neurs der fleeden, plaatfen en colonien, van waar het fchip vertrokken is, in de gewoonde form gegeeven,' op dat geweeten kan worden, of eenige verboode of contrabande goedcren, aan boord van de fcheepen zyn, en of zy daar meede na's vyands hnden gedeftineert zyn, of niet. Kn by aldien iemand goetdunkt cf rartdzaem vind, om in de gemelde befcheiden uit te drukken de perfoonen, aan wien de aan boord zynde goederen toekomen, vermag hy zulks vryelyk te doen, fonder egter daar to* gehouden te fyn, of dat gebrek van die uit- drukking geleegenheid tot confifcatie kan of mag geeven. ARTICLE XXVI. Indien de fcheepen of vaartuigen van de ge- melde onderdanen of ingezeetenen van een van beide de par thy en, zeilende langs de ku- (ten off in de open zee, ontmoet zullen wor- den door eenig fchip van oorlog, kaper, of gewapend vaartuig van de andere parthy, zul- len de gemelde orlog-fcheepen, kapers of ge- wapende vaartuigen tot vermiding van alle dif- or :.:re, buiten b-reik van het gefchut blyven, dog hunaie bootcu raogen zenden aan boord t than two or three men, to whom the hiaftef or commander {hall exhibit his pallport, contain- ing the property of the veifel, according to the form annexed to this treaty : And the vefTel, after having exhibited filch a paflport, fea-letter and other documents, {hall be free to continue her voyage, fo that it mail not he lawful to mo- led her, or fearch her in any manner, nor to give her cliace nor to force her to alter her eourfe. Lawful for merchants and com- manders of veffL-is to take in- to their fer- 7ice fea- men and others be- longing to either na- tion, ARTICLE XXVli.. It mall be lawful for merchants, captains and commanders of veffels, whether public and of war, or private and of merchants, belonging to the faid United States of America, or any of them, or to their fubjeds and inhabitants, to take freely into their fervice, and receive on board of their veffels, in any port or place in the jurifdiclion of their High Might ineffes aforefaid, feamen or others, natives or inhabi- tants of any of the faid ftates, upon fuch con- ditions as they mall agree on, without being fubjeft for this, to any fine, penalty, punifh ment, procefs or reprehenfion whatloever. And reciprocally, all merchants, captain^ And commanders, belonging to the faid United Netherlands, fliall enjoy, in all the ports and C 457 ] van het koopvaardy fchip, welke zy op die v/ys zullen ontmoeten, en op het zelve mogen overgaan ten getalle alleen van twee a drie man, aan wien de fchipper of bevelliebber van. zodanig fchip of vaartuig zyn pafport zal ver- toonen, inhoudende den eigendom van het fchip of vaartuig ingevolge het formulier, ag- ter dit tractaat gevoegt, en zal het fchip of vaartuig na de vertoonig van dufdanig pafport, zee-brief en verdere befcheiden vry en liber zyn, om defzelfs reis te vervolgen, zoo dat niet geoorloft zal zyn het zelve op eeniger- hande wyze te molefleeren of doorzoeken, nog jagt op haar te maken, of het felve te forceeren, haare voorgenomen cours te ver- laten. ARTICLE XXVII. Het zal geoorloft zyn aan kooplieclen,ca pi- teins, en bevelhebbers van fcheepen, het zy publicque en ten oorlog, of particuliere en. ter koopvardy vaarende, toebehoorende aaa de gemelde Vereenigde Staten van America, of eenige van dezelve, of aan de onderdanea en ingezeetenen van eenige derzelve, vryelyk in. hunne dienft aan te neemen, en aan boord van haare gemelde fcheepen te ontfangen, in, iedere der havens of plaatfen onder de jurif- dictie van voornoemde Haar Hoog Mogende, eenige bootfgezellen of anderen, zynde in- boorlingen of ingezeetenen van eenige der ge- melde Staten, op zulke voorwaarden, als zal warden overeen gekomen, zonder daar voor aan eenige boete, pcene, flraffe, proces of ber ~ ifping hoegenaamt onclerheevig te zyn. En zullen reciproquelyk alle kooplieden, capiteinen en bevelhebbere van fcheepen, be- hoorrcnde tot de vocrfchreeven Vereenigde VOL. I. M 3 [ 45* 3 pi-ices und^r the obedience of the faid United States of America, the fame privilege of .en- gaging and receiving feamen or others, na- tives or inhabitants cf any country of the de- nomination of the faid States General : Pro- vided, that neither on one fide nor the other,- they may not take into their fervice fuch of their countrymen who have already engaged In the fervice of the other party contracting, whether in war or trade, and whether they meet them by land or lea; at lead if the cap- tains or mailers under the command cf whom iuch perfons may be found, will not of his own confent difcharge them from their fer- vice ; upon pain of being otherwife treated and punifhed as deferters. ARTICLE XXVIII. The affair of the refraction mall be regu- lated in all equity and juflice, by the magi- llrates of cities refpedively, where it mall be judged that there is any room to complain in this refpeft. ARTICXE XXIX. The prefent treaty mail be ratified and ap- proved- by their High MightinelTes the States General of the United Netherlands, and by the United States of America ; and the acts of ratification {hall be delivered, in good and due form, on one fide and en the other a .in the C 459 3 Nederlanden, in alle dc havens .en plaatfen, onder het gebied van de gcmelde Vereenigdc Staten van America, het zelve voorregt gen-- ieten tot aailneeming en ontfangen van bootf- gezellen of anddren, zynde inboorlingen of ingczeetenen van eenige der domeinen van de gemelde Staten Generaal, met dien verftande, dat men nog aan de cchc nog aan de a-ndere zyde zig zal mogen bedienen van zodnnige zyner landfgenooten, die zig reeds in dienft van de andere contracleerende parthye, het zy ten oorlog het zy op koopvaardy fcheepen, heeft geengageert, het zy men defelve aan de vafte wal, dan \vel in zee zoude mogen ont- moeten, ten minilen indicn de capiteincn of -fchippers, ondcr wiens bevel zodanige per- foonen zig mogten bevinden, defelve nict vrywillig uit hunnen dienfl wilde ontfiaan, op- poene dat dezelve anderfmts op den voet van weglopers zullen worden behandelt, en gc- ftraft, ARTICLE XXVIII. De toeleg voor refraftie zal in alle redelyk- heid en billyheid worden gereguleert by dc magiftraten der refpeclive fleeden, alwaar men oordeelt, dat eenige bezwaarcn defwcc- gens pi acts hcbben. ARTICLE XXIX. Het tegenwoordig traclaat warden gerati- ficeert en geapprohccrt by Hoogdgemelde Staten Generaal der Vereenigdc Ncdcrlanden, en Hoog gemelde Vereenigde Staten vau America, en zullen de aclen van ratificatien van de ecne en dc anderezyde in gocdc en de behoorlyke forme worden ovcrgcleeverdbinnen cjeu tyd van zcs rnaanden, ofte eerder zo he" C 460 3 fpace of fix months, or fooner if pofiible, t* be computed from the day of the fignature. In faith of which, We the Deputies and Plenipotentiaries of the Lords the States General of the United Netherlands, and the Minifler Plenipotentiary of the United States of America, in virtue of our re- fpe&ive authorities and full powers, have figned the prefent treaty, and oppofed thereto the feals of our arms. Done at the Hague the eighth of October, one thoufand feven hundred and eighty- two. (L. s.) John Adams, zelve kan gefchieden, te reekenen van den dag van de onderteekening. Ten oirkonde deezes, hebben \vy Gede- puteerden, en Plenipotentiarifien van de Heeren Staten Generaal der Vereenigde Nederlanden, en Minifter Plenipotentiaris der Vereenigde Staten van America, uitkragte van onze refpective authorifatie en plein pouvoir, deeze onderteekent, en met onze gewoone cachetten be- kragtigt. In den Hage den agtften O6lober, een duy- fent feeven hondert twee en tagtig. (L. s.) George Van Randwyck. (L. s.) B. V. D. SantheuveL (L. s.) P. V. Bleifwyk. (L. s.) W. C. H. Van Lynden. (L. s.) D. L Van Heeckeren. (L. s.) Joan Van Kuffeler. (L. s.) F. G. Van Dedem, tot den Geldcr* (L. s.) //. Tjaffens. ORIGINAL. C O N V N T I O N Between the Lords the States General of the United Netherlands, and the United States of America, concerning Veffeh re-captured. THE Lords the, States General of the Uni- ted Netherlands, and the United States of America, being inclined to eftablifh fome uniform principles with relation to prizes made by veflcls of war, and commiflioned by the two contracting powers, upon their common enemies, and to veflels of the fubjets of ei- ther party, captured by the enemy,, and re- captured by veflels- of war commiHioned by either party, have agreed upon the following articles. ARTICLE I. The vefTels of either of the two nations re- Vviicn vef- captured by the privateers of the other, fhall iher nation be reftored to the firft proprietor, if fuch vef- ii be re- f e i s have not been four and twenty hours in the power of the enemy, provided the owner ^ t ^ lc ven " e ^ re - c ^P ture ^? p a y therefor one third of the value of the veffel, as alfo of that pf the cargo, the cannons and apparel, which third mall be valued by agreement, between the parties intereiled ; or, if they cannot agree thereon among themfelves, they fhall addrefs thernfelves to the officers of the admiralty, of the place where the privateer who has re- taken the veiiel fhall have conducted her- ORIGINAL. CONVENTIE ' Tuffcben dc Heeren Staten Generaal der Ve- reenigde Nederlanden en Vereenigde Staten. van America, rakcnds dc hcrnomcn Scheepcn. DE Heeren Staten Generaal der Veree- nigde Nederlanden, en Vereenigde Sta- ten van America, geneegen fynde, eenige ge- lykvormige grond beginzelen vaft te ilellen, omtrent het opbrengen van pryfen, door de oorlogfcheepen en commiflievaarders van we- derfyds contra&eerende parthyen, op derfel- ver gemeene vyanden genomen, en omtrent de fcheepen van elkanders onderdanen, door den vyand genomen, en by de oorlogfcheepen en commiilievaarders van weederzyden herno- inens zyn met den anderen over eengekoinen, omtrent de navolgende nrticulen. ARTICLE I. De fcheepen van eene der beide natien door kapers van den andere hernomen, zullen aan den eerften eigenaer wedergegeeven worden, indien die fcheepen nog geen vier en twintig uuren in de magt van den vyand geweelt zyn, inits door den eigenaer van het hernoome ichip daar voor betaald worde een derde van de \vaarde van het fchip mitfgaders van de laading, canons, en fcheepiloeruftingen, welk derde in der minne begroot zal worden door de geinterefleerde parthyen ; of anderfmts, en zoo zy defvveegens niet over een konden ko- men, zullen zy zich adreifeeren aan de bedi- enden der admiraliteit van de plants alwaar dc kaper die het fchip hernomen hecft, het zclvQ z'A hebbcn ongebnicht. C 464 .] ARTICLE II. If the veiTel re-captured has been more than Sidelong twenty-four hours in the power of the enemy, to the re-" file mail belong entirelv to the privateer who captor. has rc . taken ' ARTICLE III. In cafe a veflel mall have been re-captured by a veifel of war, belonging to the States-Ge- whcn re- neral of the United Netherlands, or to the by P vefTe!s United States of America, flie mail be reltorerl ihaTfv 11 cy to t ^ le ^ r ^ owner > ^ e P a y m a thirtieth part of reftored. the value of the {hip, her cargo, cannons and apparel, if me has been re-captured in the in- terval of twenty- four hours, and the tenth part if me has been re-captured after the twenty- four hours ; which f urns mail be diftributed in form of gratifications to the crews of the veffels which fhall have re-taken her. The valuation ofthefaid thirtieth parts and tenth parts, mail be regulated according to the tenor of the firft article of the prefent convention. ARTICLE IV. The reftitution of prizes, whether they may RefUtm-on J uive been retaken by veffels of war or bypri- in reaiCna- vatcers, in the mean time and until requifite bi e time. an( ] fufficient proofs can be given of the proper- ty of vefleis re-captured, fhall be admitted in a realbnable time, under lufficient fureties for the obfcrvation of the aibrelaid articles. ARTICLE V. The veilel.s of war and privateers, of one and of the other of the two nations, ihall be reci- procally, both in Europe and in the other parts of the world, admitted in the refpeclive ports C 465 ] ARTICLE II. Indien bet hernomen fchip langer daa vicr . n twintig uuren in's vyands magt geweeft is, zal het in'tgeheel aan den kaper, die hct zelve hernomen heeft, toebehooren. ARTICLE III. Ingevalle een Ichip zal hernomen gev/eeft zyn door een oof log- fchip of vaartuig, toebe- hoorende aan de Staten Generaal der Veree- nigde Nederlanden of aan de Vereenigde Sta- ten van America, zal het zelve aan de;i eer- fl^n cigenaer wedergegecven worden, mits be- talende een dertigfte gedeelte van de waarde van het fchip en defzelfs laading, canons, en fcheepfloeruftingen, by aldien het binnen de vier en twintig uuren hernomen is, en het tiende gedeelte zoo het naa de vier en twintig uuren hernomen is : welke fommen als een gratificatie verdeeld zullen worden onder de equipagien van de fcheepen die het zelve her- nomen zullen hebben. De begroting der bo- vengemelde dertigfte, en tiende gedeeltens zal gereguleerd worden naar luid van het eerfte articul der jegenfwoordige conventie. ARTICLE IV. De reftitutie der pryzen het zy door oorlog- fcheepen of kapers hernomen, zal ondertulf- chen en tot dat bchoorlyk en voldoende be- \vys van dat eigendom der hernomen fchee- pen gegeeven kan werden, onder fuffifante cautie wegens het nakomen der bovenftaande articulen, binnen een reedelyken tyd geadmit- teert werden. ARTICLE V. De oorlog en kaper fcheepen van de eene en de andere der beide natien zullen weder- zyds, zoo in Europa :>!s in de andere weereldf* deelen in elkanders refpective havens toegela- ten worden met hunne pryzen, welke aldaar VOL. 1. N 3 C 466 ] of of each, with their prizes, which may be mi loaded and fold according to the formalities u f ec j i n the flate where the prize fhall have p^va'tecrs been conducted, as far as may be confident to be ad- w jth the twcnty-feconcl article of the treaty of Tnittedwiih -p, y i i t rr-i ' then-prize* commerce : Provided always, lhat tne lega- lity of prizes by the vefiels oi the Low Coun- tries, mall be decided conformably to the laws and regulations eilablifhed in the United Ne- therlands ; as likewife, that of prizes made by American veffels, fhall be judged according to the laws and regulations determined by the 'Unittd States of America. into the ports of both na- tions. jaftc na- tion may inake re- gulations. ARTICLE VI. Moreover, it fhall be free for the States-Ge- neral of the United Netherlands, as well as for the United States of America, to make fuch regulations as they fhall judge neceifary, rela- tive to the conduct which their refpective vef- fels and privateers ought to hold in relation to the veffels which they {hall have taken and conducted into the ports of the two powers. In faith of which, We the Deputies and Ple- nipotentiaries of the Lords the States General of the United Netherlands, and Minifler Plenipotentiary of the United States of America, have, in virtue of our refpeclive authorities and full powers, figned thefe prefents, and confirmed the fame with the feal of our arms. Done at the Hague, the eighth of Q&ober, one thoufand feven hundred and eighty- two, (L. s.) John Adam, E 467 ] iii lien mogen ontladen en verkocht worden^' n:iar de fonnaliteitcn gebruikelyk in den ftaat, alwaar de prys zal weezen opgebragt, foo ver- het beflaarihaar is met het 22fle articul van het tradaat van commercie ; met dien ver (lande, dat de wettigheid der pryfen door Nederlandfche fcheepen gemaakt zal beflift worden, naar luid der wetten en reglementen, ter deezer zake in de Vereenigde Neederlan- den, vaft gefteld, gelyk ook die der pryzen door Americaanfche fcheepen gemaakt, zal beoordeelt worden volgens de wetten en re- glementem by de Vereenigde Staten van Ame- rica bepaald. ARTICLE VI. Voor het overige zal het aan de Staten Ge- neraal der Vereenigde Nederlanden, als meede aan de Vereenigde Staten van America vry ftaan, zodanige reglementen te maken als zy zullen oordeelen te behooren ; met betrekking tot het gedrag't geen hunne fcheepen en ka* pers weederfyds verpligt zullen weezen te hou- den, ten opzigt der fcheepen die zy genomen, en opgebragt zullen hebbcn in de havens der beide mogendheeden. Ten oirkcMide deezes, hebben Wy Gedeputeerden en Plenipotentiarifien \-JL\\ de Heeren Staten Generaal der Vere&nigde Nederlanden, en Minifter Plenipo- Tentiaris der Vereenigde Staten van America, uyt kragt van onze refpeclive authorifatic en plein pou- voir, deeze onderteekent en met onze gcwoone ca- chetten bekraetigt. , Gedaan in's Hage, den agtften October, een duyfeulf feeven hoadert twee en tagtig. (L. s.) George Van Raridwyck. (L. s.) B. V. D. Santheuvel. (L. s.) P. V. Bleifwyk. (L. s.) W. C. H. Van Lyn'den. (L. s.) D. J. Van Heeckeren. (L. s.) Joan Van Kuffeler. (L. s.) jF., G. Van Dedem, t&den (L, s.) H* Tjajftns, ORIGINAL. Provifional Articles BETWEEN THE UNITED STATES OF AMERICA, AND HIS BRITANNIC MAJESTY. ARTICLES Agreed upon, by and between Richard Ofwald, Efquire, the CommiJJioner of His Britannic Majefty 9 'for treating cf Peace with the Com- miffioners of the United States of America, in Behalf of his faidMajeJiy, on the one Part, and john Adams, Benjamin Franklin, yohn "Jay-, and He?irv Laitrcns,four of the Commijjioners of thefaid States, for treating of Peace with the Commiffioner of His f aid Maj'tfty, on their Behalf, on the othtr Part, to be inferted in, and to conjlitute the Treaty of Peace, propofed to be concluded between the Crown of Great- Britain and thefaid United States ; but which Treaty is not to be concluded until Terms of a Peace Jhall be agreed upon between Great- Britain and France ; and His Britannic Ma- jefty Jhall be ready to conclude fuch Treaty ac- cordingly. WHEREAS reciprocal advantages and mutual convenience are found by ex- perience to form the only permanent founda- tion of peace and friendship between dates ; it is agreed to form the articles of the propofed [ 470 ] treaty, oft fuch principles of liberal equity and reciprocity, as that partial advantages (thole feeds of difcord) being excluded, fuch a bene- ficial ana fatisfaftory intercourfe between the two countries may be eflabiifhed, as ro pro- inife and fecure to both perpetual peace and harmony. ARTICLE I. His Britannic Majefty acknowledges the faid United States, viz. New-Hampfhire, Maf- iachufetts-Bay, Rhode-Iiland and Providence Plantations, Connecticut, New- York, New- J er fcy> Pennfylvania, Delaware, Maryland, Virginia,North-Carolina 5 South-Carolina, and Georgia, to be free, fovereign and independent States ; that he treats with them as fuch ; and for himfelf, his heirs and fucceifors, relin- quifhes all claims to the government, propri- ety and territorial rights of the fame, and every part thereof. And that all difputes which might arife in future, on the f abject of the boundaries of the laid United States may be prevented, it is hereby agreed and declared,,' that the following are, and lliall be their boun- daries, viz. ARTICLE II. From the north-weft angle of Nova-Scotia,- viz. that angle which is formed by a line, dravn due north from the fource of St. Croix river to the Highlands ; along the laid High- lands which divide thofe rivers, that empty themfelves into the river St. Lawrence, from thofe which v fall into the Atlantic ocean, to the northweflernmoit head of Connecticut ri- ver, thence down along the middle of that ri- ver, to the forty-fifth degree of north latitude ; from thence, by a line due weft on faid lati- C 471 ] tudc, until it ftrikes the river Iroquois Ca- taraquy ; thence along the middle of faid ri- cftaWi ver into Lake Ontario, through the middle of faid lake until it ftrikes the communication by water between that lake and Lake Erie; thence along the middle of faid communication into Lake Eric, through the middle of faid lake un- til it arrives at the water-communication be- tween that lake and Lake Huron ; thence along the middle of faid water-communication into the Lake Huron ; thence through the middle of faid lake to the v/ater- communica- tion between that lake and Lake Superior ; thence through Lake Superior northward of the iiles Royal and Philipcaux, to the Long Lake ; thence through the middle of faid Long- Lake, and the water- communication between it and the Lake of the Woods, to the faid Lake of the Woods ; thence through the faid lake to the mod north- weflern point thereof, and from thence on a due weft courfe to the river Mifiifippi ; thence by a line to be drawn along the middle of the faid river Miflifippi until it ihall interfecc the northernnioft part of the thirty-firft degree of north latitude. South by a line to be drawn due eafl from the determi- nation of the line lad mentioned, in the lati- tude of thirty-one degrees north of the Equa- tor, to the middle of the river Apalachicola or Catahouchi ; thence along the middle there- of to its junction with the Flint river ; thence flraight to the head of St. Mary's river ; and thence down along the middle of St. Mary's river to the Atlantic ocean. Earl by a line to be drawn along the middle of the river St. Croix, from its mouth in the Bay of Fundy to its fource, and from its fource directly north .to the aforefaid Highlands which divide the C 472 ] rivers that fall into the Atlantic ocean, from thofe which fall into the river St. Lawrence ; comprehending alliilandswithintwenty leagues of any part of the fhores of the United States, ?=nd lying between lines to be drawn due eaft from the points where the aforefaid bounda- ries between Nova-Scotia on the one part, and Eaft -Florida on the other, fhall reipedively touch the Bay of Fundy and the Atlantic ocean ; excepting fuch iilands as now are, or hereto- fore have been within the limits of the faid province of Nova-Scotia. ARTICLE III. It is agreed that the people of the United of States {hall continue to enjoy unmolefted the '"" S ht to take ftfll f ever Y kmd on tne Grand .Bank, and on all the other banks of Newfound- land ; alfo in the gulph of St. Lawrence, and at all other places in the fea, where the inhabi- tants of both countries ufcd at any time here- tofore to fifh ; and alfo that the inhabitants of the United States (hall have liberty to take fiih of every kind on fuch part of the ccaft of Newfoundland as Britifh ftfhermen fhall ufe (but not to dry or cure the fame on that ifland) ; and alfo on the coaPcs, bays and creeks of all other of his Britannic Majefty's dominions in America ; and that the American fifhermen i3i all have liberty to dry and cure fiih in any of the unfettled bays, harbours and creeks of No- va-Scotia, Magdalen iilands, and Labrador, fo long as the fame fhall remain unfettled ; but fo foon as the fame or either of them fhall be fettled, it fhall not be lawful for the faid fifher- men to dry or cure nfn at fuch fettlement, without a previous agreement for that purpofe -vith the inhabitants, proprietors or poflefigrs of the ground. r 473 1 ARTICLE IV. It Is agreed that creditors on either fic!e, Jhall meet with no lawful impediment to the recovery of the full value in fterling money, of all bona fide debts heretofore contracted. ARTICLE V. It is agreed that the Congrcfs mall earneftly recommend it to the legiflatures of the refpec- to tive dates, to provide for the reflitution of all Deflates, rights and properties, which have been confifcated, belonging to real Britifh fubjeds, and alfo of the eftates, rights and properties of perfons refident in diftricts in the poflemon of his Majefty's arms, and who have not borne; arms againfl the faid United States. And that perfons of any other defcription mall have free liberty to go to any part or parts of any of the thirteen United States, and therein to remain, twelve months, unmolefted in their endeavours to obtain the reftitution of fuch of their eftates, rights and properties, as may have been con- fifcated 5 and that Congrefs (hall alfo earneftly recommend to the feveral dates a reconfider- ation and revifion of all acts or laws regarding the premifes, fo as to render the faid laws or acts perfectly confident, not only with juftice and equity, but with that fpirit of conciliation^ which on the return of the bleffings of peace fhould univerfally prevail. And that Congrefs lhail alfo earned! y recommend to the feveral dates, that the eitates, rights and properties of fuch lad mentioned perfons, mall be reftored to them, they refunding to any perfons who may be now in poifemon, the bona fide price (where any has been given) which fuch per- fons may have paid on purchafing any of the faid lands, rights or properties, fmce the COR* Voi,. I Q 3 t 474 ] fifcation, And it is agreed, that all perfons -who have any intereft in confiscated lands, either by debts, marriage fettlements, or other- wife, ihall meet with no lawful impediment in the profecution of their juft rights. ARTICLE VI. That there (hall be no future confifcations further . r . n maae, nor any prolecutions commenced agamlt ti ,s or an y perfon or perfons for, or by reafon of the p ufecu- iii * J part which he or they may have taken in the prefent war ; and that no perfon (hall on that account, fufter any future lofs or damage, either in his, perfon, liberty or property, and that thofe who may be in confinement on fuch charges, at the time of the ratification of the treaty in America, fhall be immediately fet at liberty, and the profecutions fo commenced be dilcontinued. ARTICLE VII. There fhall be a firm and perpetual peace between his Britannic Majefty and the faid States, and between the fubjecls of the one s and the citizens of the other, wherefore all Brhifh\r & hft^ es both by fea and land mail then im- nieJ to be mediately ceafe : all prifoners on both fides withdrawn. fl^H be fet at liberty, and his Britannic Ma- jefty ihall with all convenient fpeed, and with- out caufing any deftruction, or carrying away any negroes or other property of the Ameri- can inhabitants, withdraw all his armies, gar- rifons and fleets from the faid United States,, and from every port, place and harbour with- in the fame ; leaving in all fortifications the American artillery that may be therein ; and fhall alfo order and caufe all archives, records, deeds and papers, belonging to any of the faid Hates, or their citizens, which in the courfe of the war may have fallen into the hands of C 475 3 his officers, to be forthwith reftored and de- livered to the proper dates and perfons to whom they belong. ARTICLE VIII. The navigation of the river MirTifippi, from X1 o . Navigation its fource to the ocean, (hall lor ever remain .fth-Mif- free and open to the iubiects of Great-Britain, fil ' \* t r . TT i o 'ire and the citizens or the United btates. nations. ARTICLE IX, In cafe it (riould fo happen that any place or territory belonging to Great-Britain or to conqueft* the United States, mould be conquered by rfvau>f r ~ the arms of either from the other, before the thef( i arti - arrival of thefe articles in America, it is agreed, that the fame (hall be reftored without difficul- ty, and without requiring any compenfation. DONE at PARIS, the thirtieth day of 'No- vember , in the year one thoufand j eve it hundred and eighty-two. RICHARD OSWALD, (L. s<) JOHN ADAMS, (L. s.) B. FRANKLIN, (L. s ) JOHN JAY, (L. s.) HENBLY LAURENS, (L. s.) Witnejs, CALEB WHITEFOORD, Secretary to the Britijh Commiffion* W. T. FRANKLIN, Secretary to the American Commiffion* ORIGINAL. DEFINITIVE TREATY O F PEACE BETWEEN THE UNITED STATES OF AMERICA AND HIS BRITANNIC MAJESTY. Knofoft Libr* In the Name of the Moft Holy and Undivided Trinity. IT having pleafed the Divine Providence to difpofe the hearts of the mofl ferene and mod potent Prince GEORGE the Third, by the Grace of God King of Great-Britain, France and Ireland, Defender of the Faith, Duke of Brunfwick and Lunenburg, Arch-Trea'iirer and Prince Elector of the Holy Roman Em- pire, &c. and of the UNITED STATES OF AMERICA, to forget all pail mifunder (land- ings and differences that have unhappily inter- rupted the good correfpondence and friend- fhip which they mutually wiih to reftore; and to eftablifh fuch a beneficial and fatisfaclory intercourfe between the two countries, upon the ground of reciprocal advantages and mu- tual convenience, as may promote and iecure to both perpetual peace and harmony : And having for this defirable end, already laid the foundation of peace and reconciliation, by the provifioual articles, fi^ucu at Paris, on. the C 478 3 thirtieth of November, one thoufand fever* hundred and eighty-two, by the commiflion- ers empowered on each part, which articles were agreed to be inferted in, and to confli- tute the treaty of peace propofed to be con- cluded between the crown of Great-Britain and the faid United States, but which treaty was not to be concluded until terms of peace mould be agreed upon between Great- Britain and prance, and his Britannic Majefly fliould be ready to conclude fuch treaty ac- cordingly ; and the treaty between Great-Bri- tain and France, having fince been concluded,, his Britannic Majefly and the United States of America, in order to carry into full effecl the provisional articles abovementioned, according to the tenor thereof, have conftituted and ap- pointed, that is to fay, His Britannia Majefly on his part, David Hartley, Efquire, Mem- ber of the Parliament of Great-Britain ; and the faid United States on their part, John Adams, Efquire, late a Commiflioner of the United States of America at the Court of Ver- failles, late Delegate in Congrefs from the flate of Maflachufetts, and Chief Juflice of the faid flate, and Minifter Plenipotentiary of the faid United Slates to their High MightinefTes the States General of the United Netherlands ; Benjamin Franklin, Efquire, late Delegate in Congrefs from the flate of Pennfylvania, Pre- fident of the Convention of the faid ftate, and Miniiler Plenipotentiary from the United States 'of America at the Court of Verfailles ; John Jay, Efquire, late Prefident of Congrefs, and Chief Juflice of the flate of New- York, and Minifler Plenipotentiary from the faid United States at the Court of Madrid, to be the Plenipotentiaries fgr the concluding arid C 479 1 %ning the prefent definitive treaty ; who af- ter having reciprocally communicated their refpedive full powers, have agreed upon and confirmed the following articles. ARTICLE I. His Britannic Majefty acknowledges the faid United States, viz. New-Hampfhire, Mafia- states a chufetts-Bay, Rhode-Iiland and Providence '*""-ie Plantations, Connecticut, New- York, New- Jerfey, Pennfylvania, Delaware, Maryland, Virginia, North-Carolina, South- Carolina, and Georgia, to be free, fovereign and inde- pendent States ; that he treats with them as fuch ; and for himfelf, his heirs and fuccef- fors, relinquifhes all claims to the government, propriety and territorial rights of the fame* and every part thereof. ARTICLE II. And that all difputes which might arife in future, on the fubjed of the boundaries of the faid United States may be prevented, it is here- by agreed and declared, that the following are, and mail be their boundaries, viz. From the north-weft angle of Nova-Scotia, viz. that angle which is formed by a line, drawn due north from the fource of Saint Croix river to the Highlands ; along the faid Highlands. which divide thofe rivers, that empty them- felves into the river St. Lawrence, from thofe which fall into the Atlantic Ocean, to the northwefternmoft head of Connecticut river, thence down along the middle of that river, t& the forty-fifth degree of north latitude ; from thence, by a line due weft on faid latitude, un- til it ftrikes the river Iroquois or Cataraquy -, thence along the middle of faid river into Lake Ontario, through the middle of faid lake until : e , it ftrikes the communication by water between tnat laK.e and J^aKe JLrie < tnence alon^ trie middle of faid communication into Lake Erie, through the middle of laid lake until it arrives at the water-communication between that lake and Lake Huron ; thence along the middle; of faid water-communication into the Lake Huron ; thence through the middle of faid lake to the water-communication between that lake and Lake Superior ; thence through Lake Superior northward of the ifles Royal raid Philipeaux, to the Long Lake ; thence through the middle of faid Long Lake, and the water communication between it and the Lake of the Woods, to the faid Lake of the Woods ; thence through the faid Lake to the rm(! north- welters point thereof, and from thence on a due weft courfe to the river Mif- fifippi ; thence by a line to be drawn along the middle of the faid river Miffifippi until it ihall interfecl the northernmoft part of the thirty- firft degree of north latitude. South by a line to be drawn due eaft from the determination of the line lad: mentioned, in the latitude of thirty-one degrees north of the Equator, to the middle of the river Apalachicola or Cata- houche ; thence along the middle thereof to its jundion with the Flint river ; thence (traight to the head of St. Mary's river ; and thence down along the middle of St. Mary's river to the Atlantic ocean. Eaft by a line to be drawn along the middle of the river St. Croix, from its mouth in the Bay of Fundy to its fource, and from its fource directly north to the afore- faid Highlands which divide the rivers that fall into the Atlantic ocean, from thole which fall into the rirer St. Lawrence: comprehending all iflands within twenty leagues of any part of die fhores of the United States, and lying be- tween lines to be drawn due eaft from the points where the aforefaid boundaries between Nova-Scotia on the one part, and Eaft-Florida on the other, fhall refpe6tively touch the Bay of Fundy and the Atlantic ocean ; excepting fuch iflands as now are, or heretofore have been within the limits of the faid province of Nova- Scotia. ARTICLE III. It is agreed that the people of theUnited States Right of Ihall continue to enjoy unmolefled the right to take fifh of every kind on the Grand Bank, and on all the other banks of Newfoundland ; alfo in the gulph of St. Lawrence, and at all other places in the fea, where the inhabitants of both countries ufed at any time heretofore to fifh ; and alfo that the inhabitants of the United States fhall have liberty to take fifh of every kind on fuch part of the coaft of Newfound- land as Britifh fifhermen mall ufe (but not to dry or cure the fame on that ifland) ; and alfo on the coafts, bays and creeks of all other of his Britannic Majefty's dominions in America ; and that the American fifhermen (hall have li- berty to dry and cure fifh in any of the unfet- tled bays, harbours and creeks of Nova-Scotia, Magdalen iflands, and Labrador, fo long as the faitie mall remain unfettled ; but fo foon as the fame or either of them mall be fettled, it thall not be lawful for the faid fifhermen to <4ry or cure fifh at fuch fettlement, without a previous agreement for that purpofe with the inhabitants, proprietors or pofieffors of the ground. ARTICLE IV. It is agreed that creditors on either fide, fhall meet with no lawful impediment to the VOL. L P 1 iccom- ta C 48-2 J rccover y f tne full value in ilerling money, of all bona fide debts heretofore co'ntraclred. ARTICLE V. It is agreed that the Congrefs fhall earned- ty recommend it to the legiilatures of the ref- pe6live dates, to provide for the reftitution of lir , . , t . i-i-i nates an edates, rights arid properties, which have rcftittitiou been confifcated, belonging to real Britifli fub- o' confifta- ted c&ues. jeU, and alfo of the eftates, rights and pro- perties of" perfons refident in didricts in the poffeilion of his Majefty's arms, and who have. not borne arms againfi the fakl United States. And that perfons of any other defcription fhall have free liberty to go to any part or parts of any of the thirteen United States, and therein to remain twelve months, mimoleited in their endeavours to obtain the reftitution of fuch of their eftates, rights and properties, as may have been confiscated ; and that Congrefs fhall alfo earneftly recommend to the feveral ftates a reconfi deration and. revifion of all ats or laws regarding the prernifes, fo as to render the faid laws or ads perfectly confident, not only with juftiee and equity,, but with that fpirit of conciliation, which on the return of the blef- fings of peace mould univerfally prevail. And ihat Congrefs ihall alfo earneftly recommend to the feveral dates, that the eftates, rights and properties of fuch laft mentioned peribns. fhall be redored to them, they refunding to- any perfons who may be now in pofleflion, the bona fide price (where any has been given) which fuch perfons may have paid on purchaf- ing any of the faid lands, rights or properties, fince the confifcation. And it is agreed, thae all perfons who have any intereft in confifcated lands, either by debts, marriage fettlements> C 483 ] or otherwife, fhall meet \vith no lawful impe- diment in the profecution of their juft rights. ARTICLE VI. That there fliall be no future confutations made, nor any profecutions commenced againft any perfon or perfons for, -er-by reafon of the ttom part which he or they may have taken in the ^ prefent war ; and that no perfon mail, on that account, fuffer any future lofs or damage, ei- ther in his perfon, liberty or property ; and that thofe who may be in confinement on fuch charges, at the time of the ratification of the treaty in America, mall be immediately fet al liberty, and the profecutions fo commenced be difcontinuecL .ARTICLE VII. There mall be a firm and perpetual peace ^between his Britannic Majefly and the faid States, and between the f objects of the one BHtii]l ar .andthe citizens of the other, wherefore all hof- w tilities, both by fea and land, fliall from hence- forth ceafe -: all prifoners on both fides (hall be fet at liberty, and his Britannic Majefly mall, with all convenient fpeed, and without caufing ^ny deflruclion, or carrying away any negroes or other property of the American inhabitants, withdraw all his armies, garrifons and fleets from the faid United States, and from every poft, place and harbour within the fame ; leav- ing in all fortifications the American artillery that may be therein,; and mall alfo order and caufe all archives, records, deeds and papers, belonging to any of the faid flates, or their citizens, which in the cotirfe of the war may have fallen into the hands of his officers, to be forthwith reftored and delivered to the pro- per ftates and perfons to whom they belong, C 484 ] ARTICLE VIII. The navigation of fche river Miffifippi, from ?*$ its fource to the ocean > mal1 for ev ^ r remain be free and open to the fubje&s of Great- Britain, and the citizens of the United States. ARTICLE IX. In cafe it fhould fo happen that any place or territory belonging to Great-Britain or to before ar- . TT . ./<-, n t > i t t rival of the United States, mould have been conquered ^ e e /j n arti ~ by the arms of either from the other, before Americano the arrival of the faid provifional articles in b ? reftored. America, it is agreed, that the fame ihall be reftored without difficulty, and without re- quiring any compenfation. ARTICLE X. The folemn ratifications of the prefent trea- Ratifka- ty? expedited in good and due form, mall be jin. exchanged between the contracting parties, in the fpace of fix months, or fooner if poffible, to be computed from the day of the fignature of the prefent treaty. In witnefs whereof, we the underfigned, their Minifters Plenipotenti- ary, have in their name and in virtue of our full powers, figned with our hands the pre- fent definitive treaty, and caufed the fcals of pur arms to be affixed thereto. DONE at Paris , this third day of Septem- ber^ in thv year of our Lord one thoufand fe-ve?i hundred and eighty -three. D. HARTLEY, (L. s.) JOHN ADAMS, (L. s.) B. FRANKLIN, (L. s.) JOHN JAY, (L, s.) Table of Contents. PAGE CONSTITUTION of tie United States, 5 Afts paffed at the Firft Seffion of the Firft Congrefs. CHAPTER PAGE I. An ad to regulate the time and manner of adminiftering certain oaths, 25 II. An act for 'lay in? a duty on goods, wares, and merchandizes imported info the Uni- ted States, 28 III. An aft imposing duties, on tonnage, 28 IV. An act for eftablifhing an executive de- - partment, to be denominated the depart- ment of foreign affairs, 359 V. An aft to regulate ths collection of the du- ties impofed by law on the tonnage of foips or veffels, and on goods, wares and mer- chandizes imported into the United States, 28 VI. An aft for fettling the accounts between the United States and individual Jiates, 29 VII. An act to eftabl'tfh an executive depart- ment^ to be denominated the department of war, 30 VIII. An aft to provide for the government of the territory ?iorih- f iveft of the river Ohio, 3 2 IX. An aft for the eftabiifhment and fupport of light- houfes, beacons ^ buoys ^ and public piers, 33 X. An a cl providing for the expences which may attend negotiations or treaties with the Indian tribes, and the appointment of s for managing i be fame ^ 35 [ 436 ] -CHAPTER. PAGL XL An aft for regiftering and clearing veffels, regulating the coaft ing-trade, and for other purpofes, 35 XII . An ad 1o eftablijt) the treafury department , 3 6 X1IL An aft for eftablifhing the f alar ies of the executive officers of * government , with their ajjlftants and clerks, 40 XIV. An act to provide for the fafc-keeping of the afts, records, and feal of the United States , and for other purpofes, 41 Xt r . An aft tofufpend part of an aft, entitled, " #72 aft to regulate the collection of the du- ties impoftd by law on the tonnage of /hips or vcjjcls, and on goods, wares, and mer- chandizes, imported into theUnited States," and for other pitrpofcs, 44 XVI. An ^ ft for the temporary eft&blijhment of the pofi-office, 44 XVII. An aft for allowing compenfatkn to the Members of the Senate and Houfe of Re- prsfcntat'wes of the United States, and to the officers of both Hovfcs, 45 XVIII. An acl for allowing certain compenfation to the Judges of the Supreme and other Courts, and to the Attorney -General of the -United States, 45 XIX. An aft for allowing a compenfation to the Prefident and Vice-Prefident of the United States, 46 XX. An aft to eftablifi the Judicial Courts of the United States, 47 XXI. An aft to regulate procej/es in the courts of the United States, 75 XXII. An aft to explain and amend an aft, in- ft tit led, " an aft for regiftering and clear- ing vcffeh, regulating the coojlbtg trade, Jfor other jwrpofis" 75 [ 43; ] CHAPTER PAGZ XXIII. An aft making appropriations for the fer* vice of the prefent year, 76 XXIV. An a fl providing for the payment of the invalid penf loners of the United States, 77 XXV. An aCl to recognize and adapt to the Con- ftituiion of the United States the eftablijh- ment of the troops raifed under the refolves of the United States in Congrcfs affemblcd, and for other purpofes therein mentioned, 77 XXVI. An acl t& allow the Baron dc Glaubeck the pay of a captain in the army of the United States-, 77 XXVII. An acl to alter the time for the next mee- , 77 Als patted at the Second Seflion of the Firil Congrefs. CHAPTER PAGE L An acl for giving effect to the federal acls therein mentioned, in refped to the Jlaic of North-Carolina, and other purpofes, 81 II. An acJ providing for the enumeration of the inhabitants of the United States, 8 r III. An acl to eftablijh an uniform ride of na- turalization, 87 IV. An aft making appropriations for the fup- port of government, for the year one thou- f and f even hundred and ninety, 87 V. An acJ to prevent the exportation of goods not duly inffieeJed according to the laws of the ' fever al jlates, 01 VI. An acl to accept a ccjjion of the claims of the ft ate of North-Carolina, to a certain diftricloj weftcrn territory, 92 VII. An aft to promote the progrefs of ufeful arts, 99 [ 488 ] CHAPTER PAGE VIII. An ad further to fufp end part of an acl, intituled, " an acl to regulate the collec- tion of the duties impofed by law on the ton- nage of Jhips or vejfels, and on goods, ivares, and jiierchandtfes, imported Into the United States ," and to amend the f aid acl, ico IX. An act fur the puni foment of certain crimes again/I the United States., i oo X. An aft for regulating the military eftabUfo- me nt of the United States, 1 1 4 XI. An acl to prefcrl be the^viode in r holding a treaty or treaties to ejiablifb peace with certain In- dian tribes, 146 XXXII. An act to amend the acl for -the ejla- bli foment and fupport of light-houfes, bea- cons* buoys., and public piers , 146 XXXIII. An aft to regulate trade and intercourfe with the Indian tribes, 147 XXXIV. An act making provifion for the debt of the United States., 147 XXXV. An acl to provide more effectually for the coUcclion of the duties impofed by law on goods, wares and merchandise imported into the United States, and on the tonnage of Jhips or vc/els, i&2 XXXVI. An act /;/ : in force for a limited time, an att, Intituled, " an aft for the temporary eftablijhment of the pojl-officc," 244 XXXVII. An act for the relief of John Stewart and John Davidfon, 244 XXXVIII. An a-i to provide more effectually for the fcillement of the accounts between ihe Uni- ted States and the individual Jiates, XXXIX. An acJ making farther f>rovij:on for the payzici:! cf -ibe debts of the United Stales, ^47 XL. An acl to enable' the officers and foldiers of the Virginia line on continental cjiabiifh- mcnt, to obtain titles io certain lands lying north-weft of the river Ohio, between the Little Miami and Scic-ta, 254 XLL An aft auihcrizmg the Secretary of the Treafury tofaijh the light-haft on Port- land-Head, in the diftritt of Maine, 257 C 491 j CHAPTER. PAGE XLII. An a^i io alter the times for holding the circuit courts of the United States hi the dt/iricls of South-Carolina and Georgia, and providing that the diftricl court of PcmijYwaniii, jhtll in future be held at the city of Philadelphia onl\', 258 XLIII. An ah declaring the uffent of Congrefs to certain acts of the Jlates of Maryland, G. :'^ f ;:;.','.', c;:>: lihode-ljland and Pro-vi- ce Plant a I ions, 259 XL1V. An art for the relief of difahled foldiers andfeamen lately in the fer vice of the Uni- ted States ~, and of certain other perfons, 259 XL V. An c:-5l for i, of the perfons there- in \l ?,r defcribcd, 263 XLVI. An acl making certain appropriations *dn menthttedf 265 XL VII. An acl making provifion for the reduc- tion of the public debt, 268 Acls paiTed at the Third Sefiio-n of the Firft Congrefs. PAGE I. An aJl fupplcnuntary to the ad, infilled, 64 an at making further prc-i-1/ion for the payment of the at -bis of the United States " 275 II. An acl to pro :: jw.efor the unlading of/hips or vcfjels) in calls of ohjlruclion by ice, 276 III. An ad to fontinue an act, intituled, c: an daring the ajjcnt of Congrefs to cer- : affis of the Jlates of Mar-ylxnd, Geor- gia, and Rhode-Ijtand and Providence Plantations^- fo far as the fame rcfp?ch s of Georgia, and PJjodc-ljhuid : :ns, 277 [ 492 ] CHAPTER PACK IV. A n acl declaring the confent of Congrefs? thai a new ftate be formed within the jurifdifti6n of the commonwealth of Vir- ginia ^ and admitted into this Union, by the name of the ftate of Kentucky? 278 '< V. An aft declaring the confent of Congrefs to a certain ad of the ftate of Maryland? 279 VI. An aft making appropriations for the fupport of government during the year one thoufand feven hundred and ninety-one, and for other pur pofcs? 279 VII. An aft for the admijjlon of the ftate of Vermont into, this Union? 281 VIII. An aft to continue in force? for a limited time? an aft pajjed at the Jirft fejfion of Congrefs? intituled? " an aft to regulate proccffcs in the courts of the United States? 9 282 IX. An aft regulating the number ofreprefen- tatives to be cbofen by the ftaies of Ken- tucky and Vermont? 282 X, An aft to incorporate the fubfcribcrs to the bank of the United States? 283 XL An aft fupplementary to the aft? intitu- led? " an aft to incorporate the fubfcri- bcrs to the bank of the United States" 295 XII. An ad giving effect to the laws of the United Slates within the ftate of Vermont? 297 XIII. An aft to explain and amend an ad? inti- tuled? " an acl making further provif ion for the payment of the debts of the United States?* 299 XIV. An aft fixing the time for the next annu- al meeting cf Congrcfs? 300 X V. 'An aft repealing dfter t$e h;fl day of jfune next? id upon ' [ 493 1 CHAPTER PAGE and laying others in their ftead ; and alfo upon fpirits dijlilled within the Uni- ted States, and for appropriating the fany, 301 XVI. An act making an appropriation for the purpofe therein mentioned, 338 XVII. An acl to a wend " an aft, for eftablijhing the temporary and permanent feat of the government of the United States," 339 XVIII. An acl fupplemental to the ad " ejtablijh- ing the trcafury department" and for a farther compensation to certain officers, 340 XIX. An acl relative to the rix-dollar of Den- mark, 343 XX. An acl in addition to an aft, intituled, " an ac~l for eftablifhing the falaries of the executive officers of government, with their afjljhints and clerks, 343 XXI. An acl for making compensations to the cofinni/fiomrs of loans, for extraordinary txpenfes, 344 XXII. An act providing compenfations for the officers of the judicial courts of the' United States, and for jurors andwitneffes 9 and for other purpofes, 345 XXIII. An acl to continue in force for a limited time, an ad, intitule d, " an acl for the temporary c/iabujhim nt of the foft-qffice" 345 XXIV. An a!i to continue in force the act therein mentioned^ and to make further provi/wn for tbe p.: '''lent ofpenfions to invalids, and for the fu^port of ligbl-houffs, beacons, bu;;ys - and public piers, 345 XXV. An acl fupp y to ibc acl, making frovifrj-i fir t.'jj red\ f ths public debt, 347 C 494 ] CHAPTER PACE XXVI. An aft making farther prwijion for the collection of the duties by law imp of ed on teas, and to prolong the term for the pay- ment of the duties on wines, 348 XXVII. An ad for granting lands to the inhabi- tants and fettlers at Vincennes and the Illinois country , in the territory north-weft cf the Ohio, and for confirming them in their poffeffions, ^ 353 XXVIII. An aft for raifing and adding another regiment to the military eftabiifnment of the United States ,. and for making farther prdvifiQn for the proioftion of th? fron- tiers, 356 The Treaties made by the United States of America, with Foreign Nations. PAGE Treaty of alliance between the United States of America and his moft Chriftian Majcfty, 366 treaty of amity and commerce between the United States of America and his moft Chriftian Ma- jtfy, , 378 Treaty of amity and commerce between their High Mightinesses the States General of the United Netherlands, and the United States of America , 420 Convention between the Lords the Stales General of the United Netherlands^ and the United States of America, concerning 'vejjels recap- tured, 462 Prcvifional articles between the United States ef America, and his Britannic Majefty, 469 Definitive Treaty cf Peace between the United States cf America and his Britannic Majcjlj, 477 PRINTING Done with Expedition and Care, by RICHARD FOLWELL, No. 33, Carter's Alley.